These Terms and Conditions of Use (the "Terms and Conditions") represent a legal agreement between Navya Network, Inc. and Navya Technologies Private Limited, (collectively "Navya") and an individual member ("you" or "your"). Your use of Nayva’s proprietary health research tool and expert opinion service (the "Program") is governed by these Terms and Conditions and your acceptance of these Terms and Conditions is required to participate in the Program.
You should carefully read and understand these Terms and Conditions. If you agree with these Terms and Conditions, please click "ACCEPT" at the bottom of these Terms and Conditions.
You agree that the Terms and Conditions may be updated from time to time and any such changes shall be effective as soon as posted. You should review the Terms and Conditions on a regular basis so that you remain aware of the most current terms and conditions that apply to you.
1. Medical Advice
Navya does not provide medical advice nor does the program constitute the practice of medicine, nursing, or any other health care profession. Navya does not diagnose, prescribe medication, treat, or give orders nor does Navya have ultimate authority over your care. The Program and any information provided to you by Navya as a result of your participation in the Program is being provided to you solely for your educational and informational benefit and should not be considered medical advice, diagnosis, treatment or a substitute for professional medical advice. Use of the Program does not establish a doctor-patient relationship. Navya encourages that you share any reports or other information generated by use of the Program with your treating health care provider.
2. Program Participation
Your participation in the Program is voluntary and you understand and agree that any information communicated to you as a result of your participation in the Program is not intended to be, nor implied to be, and you will not use it as, a substitute for professional medical advice, diagnosis or treatment. The Program is limited to the provision of consultative services with respect to your known or previously-identified condition and neither Navya, nor its employees, consultants or agents with whom it contracts will diagnose, treat, give orders, prescribe or recommend medications or have any authority over your care. The Program will not involve any direct face-to-face encounters or physical examinations. Accordingly, you are encouraged to share and discuss any information provided to you as a result of your participation in the Program with your treating physician. You will be the ultimate decision maker over your care. You should never delay or avoid seeking medical advice or attention from your regular health care provider because of something you have learned through your participation in the Program. SHOULD ANY UNEXPECTED MEDICAL EVENT OCCUR WHILE YOU ARE PARTICIPATING IN THE PROGRAM, IMMEDIATELY CALL YOUR DOCTOR OR YOUR LOCAL EMERGENCY ASSISTANCE NUMBER OR IMMEDIATELY VISIT YOUR LOCAL EMERGENCY ROOM.
The Program is open to participation by persons who are 18 years of age or older. Persons under the age of 18 are prohibited from participating in the Program directly or availing of any services throught the Program. You affirm that you are more than 18 years of age, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with the terms contained herein. In addition, you affirm that you have not been previously suspended or removed from the Program. Navya may, in its sole discretion, refuse to offer, or permit any person or entity to participate in, the Program.
Some features of the Program may include password protection features which allow you to securely record and store information. Any identification codes or passwords assigned to you must be kept strictly confidential and you are responsible for taking all reasonable steps to ensure that no unauthorized person has access to your identification codes or passwords. It is your sole responsibility to:
(1) control the dissemination and use of your identification codes and passwords
(2) authorize, monitor, and control access to and use of your identification codes and passwords and
(3) promptly inform Navya of any need to deactivate your identification codes or passwords.
These Terms and Conditions do not allow you to access and participate in the Program through any device that you do not own or control, and you may not distribute or make the Program or any part thereof available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Program or any part thereof. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of any application, software or component of Program, or any updates or upgrades, or any part thereof. Any attempt to do so is a violation of the rights of Navya, and its affiliates and licensors, as applicable. If you breach this restriction, you may be subject to prosecution and liable to pay damages in accordance with law. You may not make any commercial use or derive any commercial benefit from participating in the Program and/or availing of any services through the Program.
You are responsible for the payment of all fees incurred by you and any other amounts which may be due to Navya as a result of your participation in the Program. At no time will Navya bill Medicare, Medicaid or any third party payors for your participation in the Program. The applicable fees are set forth on the Program website. You may pay your fees by credit card as a regular and automatically recurring payment by providing Navya with your credit card information. You may not withhold payment due to Navya for any reason, nor will you be entitled to a reduction in charges or any credit if the Program or any of Navya’s services are unavailable to you for any period of time. If you choose to pay your fees by direct debit, or by credit card, you authorize Navya to increase the monthly payments in accordance with the then prevailing rates. If you fail to make a payment by the date such a payment is due, or if your credit card is declined, Navya reserves the right to immediately freeze your participation in the Program.
7. Personal Information
The term of these Terms and Conditions will commence on the date which you click "ACCEPT" to these Terms and Conditions and will continue for twelve (12) months, unless earlier terminated in accordance with Sections 7 and 8. The Terms and Conditions will automatically renew for successive one (1) year periods at the end of the then-current term at Navya’s then-current standard rates and pricing.
9. Termination by You
You have the right to terminate these Terms and Conditions and your participation in the Program at any time. To cancel your participation in the Program you must contact Navya. Your participation in the Program and these Terms and Conditions will terminate thirty (30) days after Navya receives your cancellation request. You may remain liable for any fees and charges that may apply.
10. Termination by Navya
11. Effects of Termination
Upon termination of these Terms and Conditions:
(1) you will immediately discontinue your participation in the Program and
(2) you will promptly pay Navya any amounts due and payable hereunder.
Sections 1, 2, 7 and 10-23 will survive and continue to apply following the termination or expiration of these Terms and Conditions.
You represent and warrant that you have the right to participate in the Program and that your participation in the Program does not violate or infringe any applicable laws, rules or regulations or any intellectual rights or third party proprietary rights or any third party rights (including any right of privacy or confidentiality).
14. Disclaimer of Warranty
To the maximum extent permitted by applicable law, the Program and any information made available to you by Navya is provided on an "AS IS" basis without any warranties of any kind. the content of the program and the accompanying site and materials are not intended in any way to be a sibstitute for professional medical advice or to be relied upon for medical diagnosis or treatment. the program is designed for informational and consultative purposes only. Navya, its licensors, partners, consultants, suppliers, employees and agents make no representations or warranties with respect to the accuracy, reliability, usefulness, completeness or timeliness of the Program or of the INFORMATION made available to you or communications provided to you as a result of your participatiON in the Program, and to the maximum extent permitted by applicable law, Navya, its licensors, partners, consultants, suppliers, employees and agents, expressly disclaim all warranties, whether express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement and fitness for a particular purpose.
15. Limitation of Liability
In no event will Navya, its licensors, partners, consultants, suppliers, employees and agents be liable to you for any incidental, indirect, special, consequential or punitive damages, regardless of the nature of the claim, including, without limitation, damages for health-related issues, lost profits, costs of delay, any failure of delivery, business interruption, costs of lost or damaged data or documentation, or liabilities to third parties arising from any source, whether based on warranty, contract, tort or any other legal theory, and whether or not Navya has been advised of the possibility of such damages. This limitation upon damages and claims is intended to apply without regard to whether other provisions of these Terms and Conditions have been breached or have proven ineffective. By entering into these Terms and Conditions, you hereby waive and release Navya from any injury, including any bodily injury that may be caused by your participation in the Program, including any claims for intentional misconduct, negligence or gross negligence. You hereby acknowledge your full understanding and willingness to accept any risks associated with your participation in the Program and waive Navya from liability in relation to such Program.
16. Proprietary rights
Navya, its affiliates and/or their respective licensors own all right, title and interest in and to the Program and its parts, including, without limitation, all intellectual and proprietary rights in all materials, including opinions, text, graphics, logos, button icons, images, audio and video clips and software form part of the Program, and nothing in these Terms and Conditions shall be construed to restrict, transfer, convey, encumber, alter, impair or otherwise adversely affect Navya's, its affiliates' and/or their respective licensors, ownership or proprietary rights therein or any other of Navya's, its affiliates 'and/or their licensors’ information, processes, methodologies, products, goods, services, trade marks or materials, tangible or intangible, in any form and in any medium.
Navya and its affiliates, clients and content providers reserve the right to modify, update, supplement, limit, discontinue, remove or disable access to the Program and/or any services or features thereof without notice to you and neither Navya, its affiliates, clients nor content providers nor any of their respective licensors shall be liable to you or any third party should they exercise such rights.
You agree to indemnify, defend and hold harmless Navya, its officers, directors, employees, agents and its third party affiliates from and against all losses, damages, expenses, harm, injury and/or death which you, or any third party may suffer, howsoever arising, in connection with or resulting from your violation of these Terms and Conditions and/or your participation in the Program and/or your infringement of any intellectual property or other right of Navya.
These Terms and Conditions sets forth the entire agreement and understanding between you and Navya, and supersedes all prior agreements between you and Navya with respect to the subject matter hereof. Navya reserves the right, in its sole discretion, to change or modify these Terms and Conditions from time to time, by notifying you of the change, including, without limitation, by including the notice on the Program website or by other electronic means, and your continuing participation in the Program shall constitute your acceptance of, and agreement to any changed or modified terms and conditions.
You may not sublicense, assign or transfer any of your rights or obligations under these Terms and Conditions to any person. Any purported sublicense, assignment or transfer of the rights or obligations granted you hereunder shall be null and void and of no legal effect.
21. Jurisdiction; Governing Law
These Terms and Conditions and the Program , including any content and information contained therein shall be governed by the laws of the Republic of India. You consent to the jurisdiction of the courts of Bengaluru, Karntaka with respect to any proceedings arising out of these Terms and Conditions, provided that Navya shall be entitled to institute such proceedings in any other appropriate venue if it so chooses.
If any provision of these Terms and Conditions is invalid or unenforceable for any reason in any jurisdiction, such provision will be construed to have been adjusted to the minimum extent necessary to cure such invalidity or unenforceability. The invalidity or unenforceability of one or more of the provisions contained in these Terms and Conditions will not have the effect of rendering any such provision invalid or unenforceable in any other case, circumstance or jurisdiction, or of rendering any other provisions of these Terms and Conditions invalid or unenforceable whatsoever.
Navya shall not consider or accept unsolicited proposals or ideas, including (without limitation) ideas for new products, technologies, promotions, product names, product feedback and product improvements ("Unsolicited Feedback"). If you send any Unsolicited Feedback to Navya, you acknowledge and agree that Navya shall not be under any obligation of confidentiality with respect to the Unsolicited Feedback. You further agree and hereby assign to Navya all right, title and interest in and to the Unsolicited Feedback, and Navya and its affiliates/clients are free to use the Unsolicited Feedback without payment, royalty or restriction.
24. Note to International Users
The Program is offered and made available for participation in India. If you are a user accessing the Program from the United States of America, European Union, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from Indian laws, please be advised that through your continued participation in the Program, which is governed by Indian law, you are transferring your personal information to India and you consent to that transfer and to the collection and usage of your personal information in accordance with the laws of the Republic of India.
25. Cancellation Policy
There is no Cancellation Policy. Once registration is complete and payment has been processed, it cannot be cancelled.
26. Refund Policy
Refunds are processed if it is determined that an online expert opinion cannot be provided i.e. is clinically not feasible or advisable.