Last Modified: 08.03.2022
This Website or App is offered and available to users who are 18 years of age or older. By using this Website or App, you represent and warrant that you are of a minimum legal age to form a binding contract with MIYARA or are represented by a parent or guardian. If you do not meet these requirements, you must not access the Website or App or purchase or use any products or services available on the Website or App.
Accessing the Website and Account Security
We reserve the right to withdraw or amend this Website or App, and any product or service we provide on the Website or app, in our sole discretion without notice and without liability. From time to time, we may restrict access to some parts of the Website or App, or the entire Website or App, to users, including registered users or any particular user, without notice and without liability.
You are responsible for:
Making all arrangements necessary for you to have access to or use of the Website or App.
User Accounts or Registered Users
You also acknowledge that your Account is personal to you and agree not to provide any other person with access to this Website or App using your login user name, password or other security information. You agree to ensure that you exit from your Account at the end of each session. You should use particular caution when accessing your Account from a public or shared computer so that others are not able to view or record your password or other personal or financial information. Similarly, you agree not to access or use the Website or App using the Account login or registration information of any other person or user.
View the content on the Website or App;
Download or view any freely provided brochures, materials, and/or audio/video files from or on the Website or App only for use intended by us when made available to you or if no purpose is provided by us, for your personal use and not for commercial uses;
Purchase and/or use any product or service on or using or through the Website or App.
You agree not to use the Website:
In any way that violates any applicable Indian or applicable international law or regulation.
To download any image, audio or video files, or any other content from the Website or App for any purpose not authorized by MIYARA, or for commercial purposes, or for any purpose that may, in MIYARA’s sole opinion, may reduce or impact the value or reputation of MIYARA or may deprive MIYARA of its rightful compensation due to the benefit obtained due to such download or use by you.
To transmit, or procure the sending of, any promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
To impersonate or attempt to impersonate MIYARA, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website or App, or which, as determined by us, may harm MIYARA or other users of the Website or App or expose them to liability.
Additionally, you agree not to:
Use the Website or App in any manner that could disable, overburden, damage, or impair the Website or App or interfere with any other party’s use of the Website or App, including their ability to engage in real time activities through the Website or App.
Use any robot, spider or other automatic device, process or means to access the Website or App for any purpose, including monitoring or copying any material on the Website or App.
Use any manual process to monitor or copy any of the material on the Website or App or for any other unauthorized purpose without our prior written consent.
Use any device, software or routine that interferes with proper working of Website or App.
Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website or App, the server on which the Website or App is stored, or any server, computer or database connected to the Website or App.
Attack Website or App via a denial-of-service attack or distributed denial-of-service attack or otherwise attempt to interfere with the proper working of the Website or App.
Any User Contribution you post to the Website or App will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website or App, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material or for any purpose, without any financial or other obligation to you.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not MIYARA, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website or App. Notwithstanding the aforesaid, we reserve the right to remove any post or User Contribution made by you through any of the Interactive
Services offered on the Website or App.
Appointments / Rescheduling / Cancellations
After registration on the Website / App, you may choose to book appointments for any products or services offered on the Website / App. MIYARA hereby notifies you that the products and services offered on the Website / App are offered by third party vendors and not by MIYARA. Any appointments, cancellations and rescheduling and any purchases or refunds shall be subject to such third parties’ terms and conditions and MIYARA shall not remain liable for any acts or omissions of such third parties. You understand that these services or products are offered and sold by third party service providers or sellers and that the Company has no control, directly or indirectly, over such third-party entities. In the event you book any appointment for any products or receipt of any services, including any medical advise, you understand that such products are sold by or services are rendered by third parties and neither MIYARA nor any person associated with MIYARA makes any warranty or representation with respect to the completeness, accuracy, security, reliability, quality or availability of such product or service or medical advise. Without limiting the foregoing, MIYARA shall not remain liable for any loss or damage, including any death or physical disability, that you may suffer by reason of using products sold by or obtaining services from any third parties, whether through the Website or App or in any other manner, including physical meetings or electronic or telephonic means. MIYARA is only a platform for e-commerce but is not a seller of products or services and does not guarantee or sponsor such products or services.
Payments Made on the Website or App
Intellectual Property Rights
The Website, the App and their entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by MIYARA (or its business partners) and are protected by Indian and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
The names “MIYARA” or “MIYARA HEALTH/ WOMEN”, the MIYARA logo and all related trademarks or trade names, logos, product and service names, designs and slogans, descriptions of products or services on Website or App are trademarks or copyrights of MIYARA. You must not use such marks or names without the prior written permission of MIYARA. All other names, logos, product and service names, designs and slogans on this Website or App are the trademarks of their respective owners.
Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your web browser for display enhancement purposes.
You must not:
Modify any content or materials from the Website or App.
Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Website or App.
Print or download any of the pages of the Website or App for any reason whatsoever, including for further reproduction, publication or distribution.
Sell, rent or sub-license any content or material available on the Website or App.
Termination; Monitoring and Enforcement
We have the right to:
Suspend, modify, or cancel your registered account on our Website or App, with or without reason at our sole discretion.
Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy and you hereby provide your consent to us for the same.
Take appropriate legal action, including without limitation, referral to cyber law enforcement, for any illegal or unauthorized use of the Website or App.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website or App or accessing or using the Website or App. YOU WAIVE AND HOLD HARMLESS MIYARA AND ITS PARTNERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY MIYARA DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER MIYARA OR LAW ENFORCEMENT AUTHORITIES.
However, we cannot and do not undertake or guarantee to review any material before or after it is posted on the Website or App, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability to anyone for performance or nonperformance of the activities described in this section.
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable Indian and international laws and regulations. Without limiting the foregoing, User Contributions must not:
Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
Be likely to deceive any person, or cause inconvenience or be likely to upset, embarrass, alarm or annoy any other person.
Promote any illegal activity, or advocate, promote or assist any unlawful act.
Impersonate any person or misrepresent your identity or affiliation with any person or organization.
Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
If you believe that the Website or App or any User Contributions violate your copyright, please send us a notice of such copyright infringement to take appropriate action or decision.
Reliance on Information Posted
The information presented on or through the Website or App is made available solely for general information purposes. While we make commercially reasonable efforts to ensure that the information provided on the Website or App, particularly with respect to display of any imagery or display and description of product or service, is accurate and complete in material respects, we do not guarantee that such images, display or description will be the exact replica of the actual product or service. Such images, display or description are also subject to variables out of our control, including but not limited to photographic quality, nature of the screen on which you are viewing the Website or App, and/or differences in our interpretation. However, any reliance you place on such information is strictly at your own risk and we disclaim all liability and responsibility arising from any reliance placed on such materials by you to the Website or App.
All products or services that may be available for purchase on the Website or App state the price and applicable taxes, including any packaging or shipping charges if applicable, as well as the material on which the work of art is produced. MIYARA reserves the right to modify such pricing or other information or terms relating to purchase of the said products or services at any time before the actual payment by you for such product or service.
Further, all information, statements and/or opinions expressed during any Interactive Services and all responses to questions and other content, other than the content provided by MIYARA, are solely the opinions and the responsibility of the person or entity providing those information, statements and/or opinions or materials. These posts or User Contributions do not reflect the opinion of MIYARA. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Links from the Website or App
MIYARA’ responsibility and liability with respect to any act or omission by third parties shall only arise subject to an express written agreement, if any, signed between you and MIYARA.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that the Website or App will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR APP OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE OR APP, ITS CONTENT AND ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE OR APP IS AT YOUR OWN RISK. THE WEBSITE AND APP, THEIR CONTENT AND ANY SERVICES OR PRODUCTS OBTAINED OR RESERVED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER MIYARA NOR ANY PERSON ASSOCIATED WITH MIYARA MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE, APP, OR ANY OF THE SERVICES OR PRODUCTS SOLD USING OR THROUGH THE WEBSITE OR APP BY ANY THIRD PARTY OR SERVICE PROVIDER. WITHOUT LIMITING THE FOREGOING, NEITHER MIYARA NOR ANYONE ASSOCIATED WITH MIYARA REPRESENTS OR WARRANTS THAT THE WEBSITE OR APP, ITS CONTENT OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR APP OR ANY SERVICES OR PRODUCTS OBTAINED OR RESERVED THROUGH THE WEBSITE OR APP WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
MIYARA HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
IN NO EVENT WILL MIYARA OR ITS PARTNERS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE OR APP, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR APP OR SUCH OTHER WEBSITES OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE OR APP, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. MIYARA’S MAXIMUM LIABILITY FOR ANY INACCURATE INFORMATION OR DEFECTIVE PRODUCT DELIVERED OR OTHERWISE SHALL BE LIMITED TO THE AMOUNT, IF ANY, PAID BY YOU THROUGH THIS WEBSITE OR APP FOR ANY SERVICES OR PRODUCTS REQUIRED BY YOU OR RUPEES ONE THOUSAND ONLY, WHICHEVER IS LOWER. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Governing Law and Dispute Resolution
Waiver and Severability
Your Comments and Concerns
This Website and/or App is operated by Miyara Health Private Limited. All notices or other communication relating to the Website or App or purchases should be directed to: email@example.com to: New no. 17, Old no. 8, Appakannu Street, Chennai, TAMIL NADU INDIA-600014
or call at +41 76 520 5779