Terms & Conditions
Read our terms below to learn more about your rights and responsibilities as a ekincare user.
Effective from: 1 June, 2020
Please read these Terms of Service and Privacy Policy at https://www.ekincare.com/about/privacy, read the “Terms of Service” carefully before using https://www.ekincare.com and the services, features, content or applications offered by Aayuv Technologies Pvt. Ltd. These Terms of Service set forth the legally binding terms & conditions for your use of the Site and Services.
  1. 1. Applicability
    • Aayuv Technologies Private Limited, a private limited company incorporated under the Companies Act, 2013, having its registered office at Plot No. D-35, Mudhura Nagar, Hyderabad, Telangana – 500038, India (hereinafter referred to as “ekincare” or the “Company”, “Corporates”, “Business”, “End User(s)”, “ekincare’s Services'')
    • Any person ("User") who inquiries about, purchases, accesses and/ or avails any ekincare’s Services (including but not limited to End Users and representatives of the Corporates), through its websites, mobile applications, sales persons, offices, call centers, branch offices, franchisees, agents etc. (all the aforesaid platforms collectively referred to as "Channels") https://www.ekincare.com (all subdomains) and the mobile applications of ekincare are collectively referred to as “Platform”.
    • Both User and ekincare are individually referred to as 'Party' and collectively referred to as 'Parties' to the User Agreement. These Terms of Service and User Agreement supersede all previous oral and written terms and conditions (if any) communicated to the User and shall act as a binding Agreement between Company and the User. If the User continues to browse and use this Platform, such User irrevocably and unconditionally agrees to comply with, abide by and be bound by all these obligations as stipulated hereunder, which together read with the Company’s privacy policy available at https://www.ekincare.com/about/privacy ( “Privacy Policy” ) and any other applicable policies referred to herein or made available on the Platform, shall govern the Company’s relationship with the User in relation to the Platform.
    • IF YOU DO NOT AGREE TO BE BOUND BY ALL CONDITIONS/CLAUSES CAPTURED IN THIS USER AGREEMENT AND TERMS OF SERVICE, PLEASE DO NOT USE THE PLATFORM OR EKINCARE SERVICES.
    • "Terms of Service" available on the Platform details out terms conditions applicable on various services provided or facilitated by ekincare. Each User should refer to the relevant Terms of Service applicable for the given service as booked by the User. Such Terms of Service are binding on the User.
  2. 2. Eligibility to use
    • The User must be at least 18 years of age and must possess the legal authority to enter into an agreement so as to become a User and use ekincare’s Services. If you are a minor or are below the age of 18 years, you shall not register as a User of the Platform and shall not transact on or use the Platform.
    • As a minor if you wish to use or transact on the Platform, such use or transaction shall only be made by a person of legal contracting age (legal guardian or parents). We reserve the right to terminate your membership and/or block access to the Platform if it is discovered that you are a minor or incompetent to contract according to the law or any information pertaining to your age entered at the time of creation of account is false.
    • Before using the Platform, approaching any Channels or procuring ekincare’s Services, the Users shall compulsorily read and understand this User Agreement, and shall be deemed to have accepted this User Agreement as a binding document that governs User's arrangements, dealings and transactions with ekincare. If the User does not agree with any part of this Agreement, then the User must not avail ekincare’s services and must not access or approach the Channels of ekincare. If the User is an existing User, and later at any point of time, is unable to abide by the terms of the User Agreement, such User shall immediately discontinue the use of ekincare Services.
    • All rights and liabilities of the User and ekincare, with respect to any services facilitated by ekincare, shall be restricted to the scope of this User Agreement.
  3. 3. Content
    • All content provided through various Channels, including but not limited to audio, images, software, text, icons and such similar content ("Content"), are registered by ekincare and protected under applicable intellectual property laws. User cannot use this Content for any other purpose, except as specified herein.
    • User agrees to follow all instructions provided by ekincare which will prescribe the way such User may use the Content. There are a number of proprietary logos, service marks and trademarks displayed on the Platform and through other Channels of ekincare, as may be applicable. ekincare does not grant the User a license, right or authority to utilize such proprietary logos, service marks, or trademarks in any manner. Any unauthorized use of the Content, will be in violation of the applicable law.
    • ekincare respects the intellectual property rights of others. If you notice any act of infringement on the Platform, you are requested to send us a written notice/ intimation which must include the following information:
      • Clear identification of such copyrighted work that you claim has been infringed;
      • Location of the material on the Platform, including but not limited to the link of the infringing material;
      • The proof that the alleged copyrighted work is owned by you; and
      • Contact information.
    • The aforesaid notices can be sent to ekincare by email at privacy@ekincare.com
  4. 4. Platform
    • The Platform is meant to be used by bonafide User(s) for a lawful use only. User shall not distribute, exchange, modify, sell or transmit anything from the Platform, including but not limited to any text, images, audio and video, for any business, commercial or public purpose.
    • The User Agreement grants a limited, non-exclusive, non-transferable right to use this Platform as expressly permitted in this User Agreement. The User agrees not to interrupt or attempt to interrupt the operation of the Platform in any manner whatsoever. Access to certain features of the Platform may only be available to registered User(s). The process of registration, may require the User to answer certain questions or provide certain information that may or may not be personal in nature. Some such fields may be mandatory or optional. User represents and warrants that all information supplied to ekincare is true and accurate.
    • ekincare reserves the right, in its sole discretion, to terminate the access to the Platform and the services offered on the same or any portion thereof at any time, without notice, for general maintenance or any other reason whatsoever.
    • ekincare will always use its reasonable endeavours to ensure that the content on its Platform or other sales channels are free of any virus or such other malwares. However, any data or information downloaded or otherwise obtained through the use of the Platform or any other Sales Channel is done entirely at the User's own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that may result from the download of such data or information.
    • ekincare reserves the right to periodically make improvements or changes in its Platform at any time without any prior notice to the User. User(s) are requested to report any content on the Platform which is deemed to be unlawful, objectionable, libelous, defamatory, obscene, harassing, invasive to privacy, abusive, fraudulent, against any religious beliefs, spam, or is violative of any applicable law to []. On receiving such a report, ekincare reserves the right to investigate and/or take such action as the Company may deem appropriate.
  5. 5. Bookings by end users
    • No End User shall use the Company’s Channels for any commercial or resale purpose. If any such unauthorised use of any of the Company’s Channels is detected, ekincare reserves the right, including without limitation, to cancel all such bookings made immediately without any notice to such End User and also to withhold payments or any refunds thereto. ekincare shall not be held liable for any incidental loss or damage that may arise from the bookings made by any person through such End User. Any liability in case of such unauthorised use shall be solely borne by such End User.
    • All discounts and offers mentioned on the Platform are applicable to the User(s) of ekincare only through their legitimate use of the Channel.The discounts mentioned for any products or purchases of ekincare are subject to the terms and conditions, the availability of the same and also the third party provider who provides the service.
  6. 6. Limited liability of ekincare
    • Unless ekincare explicitly acts as a reseller in certain scenarios, ekincare always acts as a facilitator by connecting the User with the respective service providers like pharmacies, gymnasiums, service partners, doctors etc. (collectively referred to as "Service Providers"). ekincare shall not be held liable to any User or third party with respect to the services rendered by such Service Providers. Any issues or concerns faced by the User at the time of availing any such services shall be the sole responsibility of the Service Provider. ekincare will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence on part of any Service Provider.
    • Unless explicitly committed by ekincare as a part of any product or service:
      • ekincare assumes no liability for the standard of services as provided by the respective Service Providers.
      • ekincare provides no guarantee with regard to their quality or fitness as represented.
      • ekincare doesn't guarantee the availability of any services as listed by a Service Provider.
    • By making a booking, User understands ekincare merely provides a technology platform for booking of services and products and the ultimate liability rests on the respective Service Provider and not ekincare. Thus, the ultimate contract of service is between User and the respective Service Provider.
  7. 7. User's responsibility
    • Users are advised to check the description of the services and products carefully before making a booking. User(s) agree to be bound by all the conditions as contained in booking confirmation or as laid out in the confirmed booking voucher. These conditions are also to be read in consonance with the User Agreement.
    • If a User intends to make a booking on behalf of another person, it shall be the responsibility of the User to inform such person about the terms of this User Agreement, including all rules and restrictions applicable thereto. In the event the User or such other person fails to comply with the terms of this User Agreement, the Company reserves the right to terminate or suspend the respective User’s account on the Platform.
    • The User warrants that they will abide by all such additional procedures and guidelines, as modified from time to time, in connection with the use of the services. The User further warrants that they will comply with all applicable laws and regulations of the concerned jurisdiction regarding use of the services for each transaction.
    • The services are provided on an "as is" and "as available" basis. ekincare may change the features or functionality of the services being provided at any time, in its sole discretion, without any prior notice. ekincare expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, reasonably fit for all purposes. No advice or information, whether oral or written, which the User obtains from ekincare or through the services opted shall create any warranty not expressly made herein or in the terms and conditions of the services.
    • User also authorizes ekincare and its representatives to contact such user over phone, message and email. This consent shall supersede any preferences set by such User through national customer preference register (NCPR) or any other similar preferences.
  8. 8. Security and account related information
    • While registering on the Platform, the User will have to choose a password to access that User's account and User shall be solely responsible for maintaining the confidentiality of both the password and the account as well as for all activities on the account. It is the duty of the User to notify ekincare immediately in writing of any unauthorized use of their password or account or any other breach of security. ekincare will not be liable for any loss that may be incurred by the User as a result of unauthorized use of the password or account, either with or without the User's knowledge. The User shall not use anyone else's account at any time. Each User understands that any information that is provided to this Platform may be read or intercepted by others due to any breach of security at the User's end.
    • ekincare keeps all the data in relation to End User’s medical reports, medical history and other related records and bookings, credit card, debit card, bank information and etc. secured and in an encrypted form in compliance with the applicable laws and regulations of India. However, for cases of fraud detection, offering ekincare’s Services on credit (finance) etc., ekincare may at times verify certain information of its Users like their credit score, as and when required.
    • ekincare adopts reasonably good industry standards to secure the information as provided by the User. However, ekincare cannot guarantee that there will never be any security breach of its systems which may have an impact on User's information too.
    • The data of the User as available with ekincare may be shared with concerned law enforcement agencies for any lawful or investigation purpose without the consent of the User.
    • The data of the End User as available with ekincare may be shared with the Service Providers subject to the End User providing a consent with respect to the same to the respective Corporate; and the Corporate issuing a confirmation to ekincare (“Release of Liability”).
    • ekincare may share anonymised aggregated health analytics with the concerned corporate . No PII (personal identifiable information) will be shared.
  9. 9. Fees and payment
    • ekincare’s Channels will also allow its Users to subscribe to certain premium features and services in consideration of a payment ("Paid Services"). The User may be given an option to choose from different packages. When a User avails such Paid Services, the User will be required to make a payment of the relevant charges to the Company. The User will be notified in advance regarding any service that will or may be used by the User and which has been categorised as a Paid Service in accordance with this User Agreement and Terms of Service. Access to a Paid Services is conditional upon the User confirming agreement to, and payment of, the relevant charges for such Paid Services. For avoidance of doubt, ekincare shall be under no obligation to provide any Paid Services to the User if such User does not pay the charges for the respective Paid Service. All payments for the Paid Services shall be made only in advance. All payments made on the Platform or through other Channels are non-refundable and there are no refunds or credits available for partially used Paid Services or services not availed for the entire period. The Company solely reserves the right, and shall not be subject to any obligation, to refund the purchase amount if there is a technical error to the purchased service.
    • Payment for the Paid Services are accepted by credit cards and debit cards which are processed through the third-party internet payment service providers. By purchasing any Paid Services through the Platform, the User hereby consent and agree to abide by such third-party internet payment service providers’ applicable terms and conditions and privacy policies, and understand that ekincare has no control whatsoever on such customer terms and conditions and privacy policies. In the event such third-party internet payment service providers’ customer terms and conditions or privacy policies are not acceptable to a User, please do not purchase such services through the Platform. The Company reserves the right, at their sole discretion and without exposing themselves to any liability, to modify the terms and pricing of the Paid Services at any time. Any purchased Paid Service will not be available in a User’s account for use in the event that such User’s account is deleted or suspended or otherwise terminated in accordance with this User Agreement. The User acknowledges that the Company reserves the right to charge fees for any ekincare’s Services in their complete and sole discretion.
    • Some banks and card issuing companies charge their account holders a transaction fee when the card issuer and the merchant location (as defined by the card brand, e.g. Visa, MasterCard, American Express) are in different countries. If a User has any questions about the fees or any exchange rate applied, they may contact their bank or the card issuing company through which payment was made.
    • Any increase in the price charged by ekincare on account of change in rate of taxes or imposition of new taxes, levied by Government shall have to be borne by the User. Such imposition of taxes, levied may be without prior notice and could also be retrospective but will always be as per applicable law. In the rare circumstance of a transaction not getting confirmed for any reason whatsoever, ekincare may process the refund paid by the User to ekincare and intimate the User about the same. However, any payment made to the Service Providers directly, shall be governed by such Service Providers’ terms of use. ekincare is not under any obligation to provide an alternate service in lieu of or to compensate or replace the unconfirmed transaction. All subsequent bookings will be treated as new transactions. Any applicable refund will be processed as per the defined policies of the service provider and ekincare as the case may be.
    • The User agrees and understands that all payments shall only be made to bank accounts of ekincare or to the bank account of the respective Service Provider. ekincare or its agents, representatives or employees shall never ask a customer to transfer money to any private account or to an account not held in the name of ekincare. The User agrees that if that user transfers any amount against any transaction to any bank account that is not legitimately held by ekincare or to any personal account of any person, ekincare shall not be held liable for the same. For any payments made to the Service Provider directly, ekincare shall not be held accountable or responsible for such transactions. User shall not hold any right to recover from ekincare any amount which is transferred by the User to any third party (including the Service Provider).
    • The User will not share his personal sensitive information like credit/debit card number, CVV, OTP, card expiry date, user IDs, passwords etc. with any person including the agents, employees or representatives of ekincare. The User shall immediately inform ekincare if such details are demanded by any of its agents' employees or representatives. ekincare shall not be liable for any loss that the User incurs for sharing the aforesaid details.
    • Refunds, if any, on cancelled appointments, bookings or services will always be processed to the respective account or the banking instrument (credit card, wallet etc.) from which payment was made for that transaction. Booking(s) made by the User through ekincare are subject to the applicable cancellation policy as communicated to the customers in writing.
  10. 10. Usage of the mobile number, communication details of the user by ekincare
    • ekincare will send appointment/ transaction confirmation, itinerary information, cancellation, payment confirmation, refund status, schedule change or any such other information relevant for the transaction or made by the User, via SMS, internet-based messaging applications like WhatsApp, voice call, e-mail or any other alternate communication details provided by the User at the time of signing up to the Platform; or while accessing any of the ekincare’s Services through other Channels.
    • ekincare may also contact the User through the modes mentioned above for any pending or failed transactions, to know the preference of the User for concluding the booking and also to help the User with regard to the same.
    • The User hereby unconditionally consents and confirms that such communications via SMS, internet-based messaging applications like WhatsApp, voice call, email or any other mode by ekincare are:
      • upon the request and authorization of the User;
      • 'transactional' and not an 'unsolicited commercial communication' as per the guidelines of Telecom Regulation Authority of India (TRAI), and
      • in compliance with the relevant guidelines of TRAI or such other authority in India and abroad.
  11. 11. Right in end user’s information
    • Notwithstanding anything to the contrary contained in this User Agreement or elsewhere, the End User gives his/ her unconditional explicit consent to the Service Provider to disclose and share access of such End User’s information, including reports, medical records and history, samples, scans or any other information provided by the Service Provider to the respective End User or vice versa, (collectively referred to as “End User’s Information”) with ekincare . ekincare ekincare further reserves the right to permit third parties to use such End User’s Information for rendering ekincare Services.
    • The End User has access to only his own data and information stored on the Platform (including reports, samples, scans or any other information provided by the Service Provider to the respective End User) and nothing more. The End User may edit or amend such data and information from time to time, if the Company provides such an option.
    • Pursuant to this User Agreement, the End User voluntarily permits ekincare to use, compile, rearrange, represent the End User’s Information in any manner, including but not limited to charts, graphs, pyramids, flow charts, diagrams etc.; and provide the same to the respective Corporates in accordance with the terms of this User Agreement.
    • The End User hereby grants ekincare a non-exclusive, worldwide, royalty-free right and license to collect, use, copy, store, transmit, modify, and create derivative works of the End User’s Information and represent the same in anonymised form to the Corporates.
    • The End User agrees that ekincare will have the right to generate Anonymous Data which ekincare may use for any business purpose during or after the term of this User Agreement (including without limitation to develop and improve ekincare’s services and to create and distribute reports and other materials). For clarity, ekincare will only disclose Anonymous Data externally in a de-identified (anonymous) form that does not identify the End User and that is stripped of all persistent identifiers (such as name, personal information, device identifiers, IP addresses, and cookie IDs etc). The End User is not responsible for ekincare’s use of Anonymous Data. For the purposes of this User Agreement, “Anonymous Data” means: (i) data generated by aggregating End User’s Information with other data so that results are non-personally identifiable with respect to the End User. ekincare agrees to maintain commercially reasonable technical and organizational measures designed to secure its systems from unauthorized disclosure and modification of the information. ekincare’s security measures will include: (i) storing Customer Data on servers located in a physically secured location; and (ii) using firewalls, access controls, and similar security technology designed to protect End User’s Information from unauthorized disclosure and modification. ekincare provides the ability for End Users to export their data at any time from the Platform.
  12. 12. Force majeure
    • There can be exceptional circumstances where ekincare and / or the Service Providers may be unable to honor the pre-booked confirmed ekincare services due to various reasons like act of God, labor unrest, strikes, insolvency, business exigencies, government decisions, terrorist activity, any operational and technical issues etc. or any other reason beyond the control of ekincare. If ekincare has advance knowledge of any such situations where ekincare may not be able to provide or facilitate such services confirmed to the User, it will make its best efforts to provide similar alternative to the User or refund the transaction amount after deducting applicable service charges, if supported and refunded by that respective Service Provider. The User agrees that ekincare being merely a facilitator of the services, cannot be held responsible for any such Force Majeure circumstance. The User may exercise discretion to contact the Service Provider directly for any further resolutions and refunds.
    • The User agrees that in the event of non-confirmation of a transaction due to any technical reasons (like network downtime, disconnection with third party platforms such as payment gateways, banks etc.) or any other similar failures, ekincare's obligation shall be limited to refunding the booking amount, if any, received from the User. Such refund shall completely discharge ekincare from all liabilities with respect to that transaction.
    • In no event shall ekincare and be liable for any direct, indirect, punitive, incidental, special or consequential damages, and any other damages like damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Platform, ekincare’s Services or any other Channel.
  13. 13. Advertisers on ekincare, and linked websites
    • The Platform may contain links to third party websites. ekincare does not control such websites and is not responsible for its contents. If a User accesses any third-party website, the same shall be done entirely at the User's risk and ekincare shall assume no liability for the same.
    • ekincare is not responsible for any errors, omissions or representations on any of its Platforms, pages, links or any linked website pages to the extent such information is updated or provided directly by the Service Providers or the advertisers. ekincare does not endorse any advertisers on its Platform, or any linked sites in any manner. The Users are requested to verify the accuracy of all information provided on the third-party web pages.
    • The linked sites are not under the control of ekincare and hence ekincare is not responsible for the contents of any linked site(s) or any further links on such site(s), or any changes or updates to such sites. ekincare is providing these links to the Users only as a convenience.
  14. 14. Right to refuse
    • ekincare at its sole discretion reserves the right to not extend any ekincare’s Services without assigning any reason thereof. ekincare and/ or Service Provider may not provide any service or share confirmation details till such time the complete consideration is received from the User.
    • In addition to other remedies and recourse available to ekincare under this User Agreement or under applicable law, ekincare may limit the User's activity, warn other users of the User's actions, immediately suspend or terminate the User's registration, or refuse to provide the User with access to the Platform if:
      • The User is in breach of this User Agreement; or
      • ekincare is unable to verify or authenticate any information provided by the User; or
      • ekincare believes that the User's actions may infringe on any third-party rights or breach any applicable law or otherwise result in any liability for the User, other users of ekincare, or ekincare itself.
    • Once a User has been suspended or terminated, such User shall not register or attempt to register with ekincare with different credentials, or use the Platform in any manner whatsoever until such User is reinstated by ekincare. ekincare may at any time in its sole discretion reinstate suspended users.
    • If a User breaches this User Agreement, ekincare reserves the right to recover any amounts due to be paid by the User to ekincare, and to take appropriate legal action as it deems necessary.
    • The User shall not write or send any content to ekincare which is, or communicate with ekincare using language or content which is:
      • abusive, threatening, offensive, defamatory, coercive, obscene, belligerent, glorifying violence, vulgar, sexually explicit, pornographic, illicit or otherwise objectionable;
      • contrary to any applicable law;
      • violates third parties' intellectual property rights; or
      • in breach of any other part of this User Agreement.
    • If the User violates any of the aforesaid terms, ekincare shall be at liberty to take appropriate legal action against the User.
    • ekincare shall also terminate or suspend ekincare’s Services for an End User, in the event such End User is terminated by the respective Corporate or such End User voluntarily resigns from such Corporate.
  15. 15. Right to cancel
    • The User expressly undertakes to provide ekincare with correct and valid information while making use of the Platform under this User Agreement, and not to make any misrepresentation of facts. Any default on part of the User would disentitle the User from availing the services from ekincare.
    • In case ekincare discovers or has reasons to believe at any time during or after receiving a request for services from the User that the request for services is either unauthorized or the information provided by the User or is not correct or that any fact has been misrepresented by that User, ekincare shall be entitled to appropriate legal remedies against the User, including cancellation of the services, without any prior intimation to the User. In such an event, ekincare shall not be responsible or liable for any loss or damage that may be caused to the User or any other person availing ekincare’s Services, as a consequence of such cancellation of services.
    • If any judicial, quasi-judicial, investigation agency, government authority approaches ekincare to cancel any services, ekincare will cancel the same without approaching the concerned User whose bookings/ services have been cancelled.
    • The User shall not hold ekincare responsible for any loss or damage arising out of measures taken by ekincare for safeguarding its own interest and that of its genuine customers. This would also include ekincare denying or cancelling any services on account of suspected fraud or breach of law.
  16. 16. Fake calls and other similar phising, spamming or fraudulent activities
    • ekincare's employees or authorized representatives, operating through Company’s various Channels, will never contact a User asking for his/ her credit or debit card number, expiry date, CVV, net banking login, passwords, OTP, login credentials etc. nor will they ever request for a fund transfer to a personal or an individual bank account. Further, they will also not ask a User to install any third-party applications that enable them to view a User's mobile or computer screen.
    • Acting on any of these requests may make a User a victim of fraud, and may potentially lead to loss of User’s valuable information or money.
    • If a User is ever asked for any of the aforesaid information, please report such activity immediately on privacy@ekincare.com
  17. 17. Indemnification
    • The User agrees to indemnify, defend and hold harmless ekincare, its affiliates and their respective officers, directors, lawful successors and assigns from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by such indemnified persons, that arise out of, result from, or may be payable by virtue of, any breach of any representation or warranty provided by the User, or non-performance by the User of any terms of this User Agreement, including but not limited to the covenants and other obligations.
    • The User shall be solely liable for any breach of any specific rules and regulations or general code of conduct applicable on such User and ekincare cannot be held responsible for the same.
    • Limitation of Liability
    • TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ekincare (NOR ITS DIRECTORS, EMPLOYEES, AGENTS, SPONSORS, PARTNERS, SUPPLIERS, CONTENT PROVIDERS, LICENSORS OR AFFILIATES) BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO ekincare’S SERVICE (I) FOR ANY LOST PROFITS, DATA LOSS, LOSS OF GOODWILL OR OPPORTUNITY, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, (II) FOR YOUR RELIANCE ON ekincare’S SERVICE, OR (III) FOR ANY MATTER BEYOND ITS OR THEIR REASONABLE CONTROL, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY OF THE AFOREMENTIONED DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, ekincare’s TOTAL LIABILITY UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, BREACH OF WARRANTY OR ANY OTHER LEGAL OR EQUITABLE THEORY, SHALL IN NO EVENT EXCEED INR 1,000/- (RUPEES ONE THOUSAND ONLY).
  18. 18. Miscellaneous
    • Severability: If any provision of this User Agreement is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of this User Agreement shall continue to be in full force and effect.
    • Jurisdiction: This Agreement is subject to interpretation as per the laws of India, and the parties shall refer any unresolved disputes to the exclusive jurisdiction of courts in Bangalore.
    • Amendment to the User Agreement: ekincare reserves the right to change the User Agreement from time to time. The User is responsible for regularly reviewing the User Agreement and any supplements, amendments and additional guidelines thereto.
    • Confidentiality: Any information which is specifically mentioned by ekincare as confidential shall be maintained confidentially by the User and shall not be disclosed unless as required by law or to serve the purpose of this User Agreement and the obligations of both the parties herein.
    • Feedback from customers and End Users: ekincare would like to know the feedback of the Users for improving its services. The User hereby authorizes ekincare to contact the User for their feedback on various services offered by ekincare. Such feedback may be collected through emails, telephone calls, SMS or any other medium from time to time. In case the User chooses not to be contacted, such User shall write to ekincare for specific exclusion at feedback@ekincare.com.
    • Privacy Policy: User shall also refer to ekincare's Privacy Policy available on ekincare's Platform (https://www.ekincare.com/about/privacy) which governs use of the Platform. By using the Platform, User agrees to the terms of the Privacy Policy and accordingly consents to the use of the User’s personal information by ekincare and its affiliates in accordance with the terms of the Privacy Policy. User acknowledges that the Privacy Policy has been incorporated in this User Agreement by reference.
  19. TERMS OF SERVICE

  20. 1. Annual Health Check; Dental Check-up; Vision Check-up and Talk with Family doctor or a Doctor
    • Role of ekincare and limitation of liability of ekincare:
      • ekincare acts as a facilitator and merely provides an online platform to the End User to select and book a particular health check-up, doctor’s appointment for consultation and/ or clinics amongst the options made available to the End User pursuant to the specific ekincare’s Services selected and opted by the associated Corporate of the End User.
      • All the information pertaining to the diagnostic centre/ health check-up centre/ laboratory/ clinics etc., including but not limited to the category and procedure of the health check-up, other amenities and facilities available at the respective centre, are as per the information provided by such Service Providers to ekincare. This information is for reference only. Any discrepancy that may exist between the details on the Platform and actual availability shall be raised by the User with the Service Provider directly, and shall be resolved between the User and the Service Provider. ekincare will have no responsibility in that process of resolution, and shall not take any liability for such discrepancies.
      • In no circumstances can ekincare be held liable for failure on part of a Service Provider i) to accommodate the End User and render the relevant services which were confirmed at the time of booking; ii) to provide the standard of service; or iii) with regard to any insufficiency in the services, or any other service related issues with regard to the Service Provider. The liability of ekincare in case of denial of any pre-booked check-up, appointment or consultation for any reason what-so-ever including overbooking, system or technical errors, or unavailability etc., will be limited to either providing a similar alternate at the discretion of ekincare (subject to availability at that time), or refunding the amount for any Paid Service (to the extent paid) to the End User. Any other service-related issues should be directly resolved by the User with the Service Provider.
    • Responsibilities of the End User and access to End User’s information:
      • The End User confirms that all the details represented by such End User are true and accurate and any misrepresentation of such information shall be construed as a breach of this User Agreement and Terms of Service.
      • The End User must be at least 18 years old in order to avail ekincare’s Services, independently. In the event the End User is below the age of 18, such End User shall only avail the services under the supervision of a parent or legal guardian who agrees to be bound by this User Agreement and these Terms of Service.
      • The End User understands and agrees that each Service Provider shall have their own respective terms and conditions and by virtue of the End User availing the services rendered by the Service Provider, the End User has agreed to abide by the term and conditions of such Service Provider.
    • Additional Charges by the Service Provider
      • Subject to the arrangement between ekincare and the Corporate, the End User may be required to pay for the health check-up, vision check-up, dental check-up or any other appointments or consultations booked by the End User. Any additional services utilized by the End User shall be paid by the End User directly to the Service Provider. ekincare will have no control over waiving the same.
      • Payments made to the Service Provider can either be "Prepaid", or "Pay at the venue" as per the options made available by the Service Provider through the Platform.
      • In "Prepaid" model, the total amount (including taxes and other service charges) shall be paid by the End User at the time of booking itself. At the Service Provider’s or ekincare’s sole discretion on case to case basis, the End User may also be provided with an option to make a part payment to ekincare at the time of confirmation of a booking. The balance booking amount shall be paid as per the terms of the bookings. For security purposes, the End User must provide ekincare with correct credit or debit card details. ekincare may cancel the booking at its sole discretion in case such bank or credit card details as provided by the End User are found incorrect.
      • In "Pay at the venue" model, the concerned Service Provider will collect the entire payment or the remaining due amount (as the case maybe) against the booking at the venue of the Service Provider itself.
  21. 2. Gyms and Fitness
    • ekincare does not control or operate any gym, coach, or any other facility or service itself. ekincare shall not be responsible for any delay, improper service, standard of service provided by any service provider, or for any injury, death, loss or damage which is caused by the act or default of Service Provider. ekincare shall not be responsible for any act or actions of other parties which may result in injury, damage to the life or limb or property of the User, or which may lead to interference in enjoying or availing the services provided. ekincare being merely a facilitator, shall not be liable for the following:
      • Personal injury, sickness, accident, death, loss, delay, discomfort, increased expenses, incidental, consequential loss and/or damage or any kind of theft howsoever caused to the User or any other person.
      • The temporary or permanent loss of, or damage to personal belongings howsoever caused including willful negligence on the part of any person.
      • Any delay made in delivery of the service by the concerned Service Providers.
      • Failure on the part of the Service Provider to render services despite having confirmed for any reason whatsoever.
      • Any claims of any dispute with the Service Provider.
      • Any damages caused to the User due to reasons beyond the control of ekincare.
    • Promotion Discounts
    • ekincare may, from time to time, launch some promotions and discount offers internally or externally through advertisements and some End Users might receive additional benefits due to entitlement to such promotion and discounts. No claims from any other Users for such privileges shall lie if they are not entitled for the discounts or eligible under the promotion. In case of publication of any discount or benefit by ekincare, ekincare shall have the sole right to withdraw such a scheme or discount at any time.
  22. 3. Order Medicines
    • ekincare does not run an in-house pharmacy or a doctor’s clinic/ facility. The End User hereby agrees and acknowledges that ekincare is only a facilitator between the End User, the pharmacies and the delivery partners (as the case maybe) and ekincare only provides the End User with access to the technology Platform to connect with pharmacies and delivery partners for the End User to initiate transactions on the Platform. Hence, the End User hereby agrees and acknowledges that ekincare will not be a party to any of the transactions that are initiated through the Platform and ekincare shall not be liable in any manner or incur any liability with respect to the services performed by the pharmacies or the delivery partners, as the case may be. Further, the End User understands that ekincare shall not be liable for the conduct, acts and omissions of the pharmacies (including their employees and consultants) and delivery partners in the course of providing their services to the End User, or for any loss or damage to the item or otherwise caused to the End User as a consequence of or in relation to the services being provided by the pharmacies or the delivery partner, as the case may be.
    • ekincare may, at its absolute sole discretion, add, modify, upgrade, extend, withdraw or alienate any of the ekincare’s Services listed in this User Agreement, from time to time. ekincare does not provide any guarantee to the User that ekincare’s Services will be made available to the Users at all times.
    • Each End User understands and agrees that each pharmacy or the delivery partners may have their own respective terms and conditions and by virtue of the End User availing the services rendered by such third parties, the End User has agreed to be subjected to the terms and conditions of such third parties, pharmacies or delivery partners (as the case maybe).
  23. 4. Employee Wellbeing Program and Health Coach Programs
    • ekincare, for the wellbeing of the End Users, may also run well being and health coach programs, both online and on-site, from time to time (“Events”). Such Events may relate to weight management, pulse balance, blood pressure management, pregnancy care, diabetes management and smoking cessation. ekincare may take an initiative to conduct and organise the Events either themselves, or through associations third parties.
    • By confirming their attendance and/ or attending such events, in any capacity, the End User admits and accepts the terms of service of such Event. Basis the agreement amongst the Corporate and ekincare, the Events may be organised at the premises of the Corporate or elsewhere. The Events may be chargeable or free of any charge, on a case to case basis. ekincare assumes no responsibility for any Events that may be cancelled for any reason whatsoever.
    • Some online events, such as email updates, newsletters, quizzes, surveys etc. may be conducted periodically and the End User’s confirmation of the terms in one such event shall be considered as his/ her confirmation to the terms of all such similar events. ekincare may, from time to time, conduct regular on-site sessions as a part of the Employee Wellbeing Program and Health Coach Programs. Each End User, at his/ her sole discretion, may or may not attend such Events and ekincare holds no responsibility to reimburse or compensate such End User, in any manner, for his/ her inability or unavailability to attend such events.
    • All information, including but not limited to tips, do’s and don’ts and other advice provided pursuant to such Events is for reference only and may not be applicable to all End Users in all circumstances. ekincare being merely a facilitator, shall not be liable for any personal injury, sickness, accident, death, loss, delay, discomfort, increased expenses, incidental, consequential loss and/or damage or any kind of theft howsoever caused to the User or any other person.
  24. 5. Supplementary Insurance
    • ekincare Services also includes without limitation group insurance products and services that ekincare may display/facilitate on or provide through its Channels from time to time, to the Users. ekincare is the Master Policyholder and shall provide the group insurance benefits in accordance with terms and conditions of the “Policy Document” as agreed between the insurer and ekincare, and as provided at [link of the scheme document with the insurer].
    • A User shall only be allowed to avail/buy group insurance policies or products after acceptance of the terms of the said Policy Document and the terms of services provided by the insurer on its platform (website, mobile application or any other channel. Availing of group insurance policies/products shall be deemed as acceptance of the terms and conditions.
    • ekincare shall not be liable or responsible for settlement claims related to the group insurance offered and availed by the Users on its Channels. User shall defend, hold harmless and fully indemnify ekincare against all actions, claims, liability, costs, damages, charges and expenses suffered or incurred by ekincare in connection with or arising out of any claims due to breach by the User of any of the provisions of this User Agreement, terms of service provided by the insurer or the Policy Document.
  25. 6. Third-Party Service:
    • We shall at our sole discretion, list on our website various services provided by our authorised third-party service providers which is made available to such selected group of target users as may be determined by ekincare.
    • Usage, cancellation, revocation or refund related to such services shall be solely governed by ‘Terms of Service’ as may be applicable and provided by such third-party service provider on its platform/website/application.
    • In no event shall ekincare be responsible or held liable for any services provided by a third-party service provider. Such services shall be governed by the terms and conditions of the third party service provider and in the event if there are any claims against ekincare by third-party service provider for the breach of the terms of the third-party service provider by a user, the user hereby agrees to defend, indemnify and hold ekincare harmless from any and all liabilities, damages, business interruptions, delays, losses, claims, judgments or any kind whatsoever, including, all costs, attorneys’ fees, and expenses incidental thereto, which may be suffered by, or charge to ekincare due to any breach by the user.
    • EKINCARE IS NOT IN THE BUSINESS OF MARKETING, PROMOTING OR SELLING INSURANCE OR INSURANCE RELATED PRODUCTS AND ANY INSURANCE SERVICES WHICH IS MADE AVAILABLE THROUGH THE PLATFORM/WEBSITE/APPLICATION OF THIRD-PARTY VENDOR IS MERE FACILITATION OR ADD ON SERVICES MADE AVAILABLE TO THE USERS OF ekincare AND SUCH SERVICES ARE SOLELY PROVIDED BY THIRD PARTY VENDORS. ANY INSURANCE AVAILED THROUGH THIRD PARTY VENDORS SHALL NOT BE CONSTRUED TO BE THE SERVICES OF ekincare AND SUCH SERVICES SHALL BE GOVERNED BY THE TERMS AND CONDITIONS OF THE THIRD-PARTY SERVICE PROVIDER.
  26. 7. Covid-19 Vaccination Services:

    ekincare has collaborated with certain third-party service providers who are medical diagnostic services / centres through an outsourced / empanelled network of partners (“Network Partners”) to provide Covid-19 Vaccination Services (“Vaccination Services”). The Organisation (“Organisation”) has entered into an arrangement with the Company, whereby the Company provides Vaccination Services to the employees of the Organisation (“User” or ‘your”) through its Network Partners. The following terms and conditions govern all the transactions with respect to the Vaccination Services carried out through the Network Partners. Your choice to avail these Vaccination Services shall be subject to the following terms and conditions (“Terms”):

    • The Company shall provide the Users with a Platform, wherein the User can in its personal capacity avail the Vaccination Services and pay fees as per the usage. The Company shall facilitate the provision of the Vaccination Services by the Network Partners to the User. No claims for reimbursement/refund shall be accepted, except in cases of Company’s negligence.
    • Company shall obtain information of registration including personally identifiable information of the Users prior to rendering of the Vaccination Services. User consents to the collection and retention of such information (including personally identifiable information of the User) for providing the Vaccination Services. The User consents to the Company sharing this information as aforesaid with the Network Partners. The Company shall reasonably ensure that the Network Partners handles the User’s Information/data in accordance to applicable laws, rules and regulations and it shall further reasonably ensure that the Network Partners have adequate systems and process in place for data protection. Save as otherwise agreed the User shall not hold the Company liable for any breach of confidentiality/ disclosure of the User’s information by the Network Partner. The Company’s usage of the User’s information shall be as per the Company’s privacy policy which is available here.
    • Company shall on a best effort basis ensure that there is effective communication sent to the User before the launch of the Vaccination Services and throughout the program.
    • Company shall provide necessary assistance which is required by the User with regard to the Vaccination Services provided during the normal business hours that is between 8 AM to 8 PM IST during weekdays and 8 AM to 4 PM IST on Saturdays (except public holidays).
    • In case of unavailability of selected slot for the Vaccination Services or unavailability of vaccine doses, Company will reschedule the appointment via call and email to a different centre or time as the case may be. If the User does not answer the call or revert on the email after 3 attempts, the appointment will be cancelled with a mail notification.
    • The number of no-shows or cancellations or re-scheduling of a particular appointment is limited to two instances per User, and on third such instance it will be considered as a fulfilled appointment and will be invoiced to the said User.
    • In case of emergencies or circumstances beyond the control of the Company (which cannot by the exercise of reasonable diligence, precaution or alternate measures be foreseen or prevented), Company will not be held responsible for the non-completion of any particular Vaccination Service. Subject to these terms, the Company will support the User in rescheduling the Vaccination Service as per the requirement of the User.
    • The Network Partners who will be providing Vaccination Services will be decided at the sole discretion of the Company. The list of Network Partners may be modified/amended at anytime at the sole of discretion of the Company due to any reasons whatsoever or new Network Partners may be added on a need basis. Such changes may be communicated to the User by the Company.
    • The User agrees and understands Network Partners are not employees, and/or partners (in business or otherwise) of the Company.
    • Any opinions, advice and/or healthcare related services (including vaccinations or immunization related services whether for COVID-19 or otherwise availed by the User from the Network Partner are voluntarily availed by such Users in its personal capacity and shall not at any time be considered as opinions, advice and/or healthcare related services including the Vaccination Services provided by the Company
    • The Company does not endorse and/or recommend any advice, tests, medical prescriptions, opinions, feedback, etc that are shared by the Network Partner on or off the Platform including but not limited to provision of the Vaccination Services.
    • Any reliance on the information shared by the Network Partner on or off the Platform is solely at the risk of the User and the Company makes no warranty with regard to the quality, safety and efficacy services offered/provided by the Network Partner to the User including in connection with the Vaccination Services.
    • The Company shall in no event be liable to the User for any decision made or action taken by any User in reliance on information provided by the Network Partner.
    • The User waives and releases any claim against the Company (except if caused by Company’s wilful negligence) arising out of or relating to: (a) lack of safety or efficacy in relation to the Vaccination Services; and/or (b) use or administration of any such vaccine in connection with the Vaccination Services provided by the Network Partner
    • The User is not relying on any understanding, arrangement, statement, representation (including, any negligent misrepresentation but excluding any fraudulent misrepresentation), warranty, condition, term, customary practice, course of dealing or provision except for the warranties set out in these Terms. All statements, representations, warranties, terms, conditions and provisions (including, any implied by statute or equivalent, case law or otherwise and any implied warranties and/or conditions as to merchantability, satisfactory quality, fitness for purpose and skill and care), other than fraudulent misrepresentations and the provisions set out in this Agreement, are hereby excluded to the maximum extent permissible by law.
    • The Company shall not be held responsible for any advice/misinformation provided by the Network Partner including regarding any Vaccination Services and any liability or responsibility that may arise in such a case, including but not limited to the negligence or any other fault of the Network Partner, will be solely to the account of Network Partner.
    • The Company and the Organisation make no representations or warranties with respect to the efficiency or effectiveness of the Covid-19 Vaccine administered; neither do the Company or the Organisation undertake any responsibility or liability for any side-effects arising out of the User administering such vaccine.
    • The Company reserves the right to make changes to these terms and conditions at any time. The Company may modify these terms or any additional terms that apply to the Vaccination Service to, for example, reflect changes to the law or changes to the Vaccination Services