TERMS AND CONDITIONS

These Terms and Conditions ("Terms and Conditions") which set-forth legal obligations upon the User (hereinafter "you") and shall be effective from July 1, 2020, is executed hereof, for specifying the terms of use of "TeleUpachar" Websites or Platforms, a Vriya Technology initiative, executed in collaboration with HelloWorld Corp. (collectively referred to hereinafter as "we" or "TeleUpachar") and shall be applicable for access to use and render various services offered through those websites and Platforms. The Terms and Conditions constitute your acceptance regarding these Terms and Conditions along with our Web and Mobile Privacy Policy.

Introduction

We, through "TeleUpachar" website and Platforms, make certain that telehealth related information is available to you and also facilitate your access to telemedicine and expert medical services (hereinafter "TeleUpachar Health Services"). We own and operate (i) publicly available website, (hereinafter, “Website”), and (ii) various web-based and mobile applications which require you to register and create an account in order to use our services (collectively, “Platforms”). By using the Websites and/or the Platforms, you expressly agree to these Terms and Conditions. If you do not agree to these Terms and Conditions, you should immediately cease to use and/or access all of the associated Websites and Platforms. You are recommended to print a copy of these Terms and Conditions for your records. You may contact the Administrator if you have further questions at admin@vriya.com.

Modifications to these Terms and Conditions

We may at our sole discretion, and without prior notice to you, revise these Terms and Conditions at any time. Should these Terms and Conditions change materially, we will update the Effective Date noted above and post a notice regarding the updated Terms and Conditions on the Website. The amended Terms and Conditions will also appear when the Platforms are accessed by you and you will need to acknowledge your agreement to the amended Terms and Conditions prior to being able to continue to use the Platforms. If you do not agree to the terms of the amended Terms and Conditions, your sole and exclusive remedy shall be discontinuation of your use of our Websites and Platforms and you will be deemed to have terminated these Terms and Conditions. Amended Terms and Conditions will be effective as of the Effective Date unless otherwise stated. By accessing or using the Websites and the Platforms after such changes are posted you agree and consent to all such changes.

Access to the Platforms

TeleUpachar grants you a limited, non-exclusive, non-assignable, revocable, non-transferable license to use the Platforms in accordance with these Terms and Conditions. You are hereby granted access and use the Platforms via remote access connectivity. In order to use the Platforms, you will be required to register an account and create login information, including without limitation, username and passwords, your phone number, and other personal information as per our operational requirements. You will be solely responsible to safeguard your login information used to access the Website and Platforms and you shall not disclose this information to anyone. You must immediately notify TeleUpachar of any unauthorized use of your user account or of any other breach of security that you become aware of involving and relating to the Platforms via email to admin@vriya.com.

Limitation

TeleUpachar is neither an insurance provider nor a prescription fulfillment warehouse. TeleUpachar’s role is limited to making certain telehealth related information available to you and/or facilitate your access to telemedicine and expert medical services. TeleUpachar is independent of healthcare providers who will be providing such telemedicine services to you through the Platform and is not responsible for such healthcare providers' acts, omissions, or for any content of the communications made by them. TeleUpachar does not engage in the practice of medicine or provides any other health services. TeleUpachar is not affiliated to any clinics, hospitals, or healthcare providers, and nor do we endorse or take responsibility for the actions of these stakeholders.

User's Representations and Warranties

By registering on the Platforms, you represent and warrant the following:

  • you are at least eighteen (18) years of age,
  • you have the legal ability and authority to enter into these Terms and Conditions with TeleUpachar,
  • the information you have provided to TeleUpachar in your registration is accurate and complete,
  • you will comply with any and all laws applicable to your use of the Websites and Platforms,
  • you will not interfere with a third party's use and enjoyment of the Websites and Platforms,
  • you will not interfere with or disrupt TeleUpachar's or its vendors' security measures,
  • if any information you provide to TeleUpachar becomes inaccurate, incomplete or otherwise false or misleading, you will immediately notify TeleUpachar,
  • you acknowledge that access to the healthcare services provided through the Platforms are not "insured services" under any provincial or federal health plans,
  • you acknowledge that any fees paid by you or by any other persons on your behalf are not provided in exchange for any undertaking by TeleUpachar or its representatives that such healthcare services will be made available to you, and
  • you are accessing the Websites and Platforms for yourself or a child under the age of eighteen for whom you are the legal guardian.

Termination

At the event of violation of these Terms and Conditions, your ability to use the Websites and/or Platforms will be terminated. TeleUpachar may, in its sole discretion, terminate your access to the Websites and/or Platforms, or any portion thereof, for any reason whatsoever without prior notice. These actions are in addition to any other right or remedy TeleUpachar may have available at law. Further, TeleUpachar shall not be liable to you or any third party for any such termination or discontinuance. You may terminate these Terms and Conditions by ceasing to access and use the Websites and Platforms. To the extent permitted by applicable law, the disclaimers, limitations on liability, termination, and your warranties and indemnities shall survive any termination of these Terms and Conditions.

Prohibited Use of Website and Platforms

During your use of the Websites and Platforms, you agree not to:

  • Send or otherwise transmit any unlawful, infringing, harmful, harassing, defamatory, threatening, hateful or otherwise objectionable material of any kind, any material that can cause harm or delay to the Websites and Platforms or computers of any kind, and any unsolicited advertising, solicitation or promotional materials through the Websites and Platforms;
  • Misrepresent your identity or affiliation in any way;
  • Restrict or inhibit any person from using the Websites and Platforms, disclose personal information obtained from the Websites and Platforms or collect information about users of the Websites and Platforms;
  • Reverse engineer, disassemble or decompile any section or technology on the Websites and Platforms, or attempt to do any of the foregoing;
  • Gain unauthorized access to the Websites and Platforms, to other users' accounts, names, personally identifiable information or other information, or to other computers or websites connected or linked to the Websites and Platforms;
  • Launch or use any automated system, including without limitation, "robots," "spiders," or "offline readers," that access the Websites and Platforms in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser;
  • Send or otherwise transmit to or through the Websites and Platforms chain letters, unsolicited messages, so-called "spamming" or "phishing" messages, or messages marketing or advertising goods and services;
  • Post, transmit or otherwise make available any virus, worm, spyware or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment;
  • Violate any applicable laws or regulations in any way;
  • Alter or modify any part of the content or services offered on or through the Websites and Platforms;
  • Allow any other person to use the Platforms with your registration or login information;
  • Breach or otherwise circumvent TeleUpachar's security or authentication measures; and
  • Assist or permit any persons in engaging in any of the activities described above.

Intellectual Property Rights and Content

Vriya Technology Pvt. Ltd. is the sole and exclusive owner of TeleUpachar’s Websites and Platforms, including any and all associated copyright, patent, trademarks, trade secrets, and other ownership and intellectual property rights, in and to the Websites and Platforms and any related materials and documentation. No title or ownership of the Websites and Platforms or any portion thereof is transferred to you hereunder. Vriya Technology Pvt. Ltd. reserves all rights not expressly included in these terms and conditions. You agree not to change or delete any copyright or proprietary notice related to materials downloaded from the Websites and/or Platforms.

You may provide input, comments, or suggestions regarding the Websites and Platforms or TeleUpachar Services ("Feedback"). You acknowledge and agree that TeleUpachar may use any Feedback without any obligation to you and you hereby grant TeleUpachar a worldwide, perpetual, irrevocable, royalty-free, transferable license to reproduce, display, perform, distribute, publish, modify, edit or otherwise use such Feedback as TeleUpachar may deem appropriate, without restriction, for any and all commercial and/or non-commercial purposes, in its sole discretion. You may email any feedback that you may have to admin@vriya.com.

External Links

The Websites and Platforms may contain links to third-party websites. Linked sites are not under the control of TeleUpachar, and TeleUpachar is not responsible for the content of any linked site. Links are provided as a convenience only, and a link does not imply that TeleUpachar endorses, sponsors, or is affiliated with the linked site. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites; these Terms do not apply to other websites. TeleUpachar disclaims any and all liability for any information, including but without limitation, any medical and health treatment information set forth on linked sites.

No Endorsements

Reference to any product, recording, event, process, publication, service, or offering of any third party by name, trade name, trademark, service mark, company name or otherwise does not constitute or imply the endorsement or recommendation of such by TeleUpachar. Any views expressed by third parties on the Websites and Platforms are solely the views of such third party and TeleUpachar assumes no responsibility for the accuracy or veracity of any statement made by such third party.

Indemnification and Limitation of Liability

You agree to defend, indemnify and hold TeleUpachar, its officers, directors, employees, shareholders, affiliates, third-party contractors, agents, licensors and suppliers (each a TeleUpachar Party and collectively TeleUpachar Parties), harmless from and against any claims, actions or demands, losses, liabilities, damages, costs, expenses, and settlements (including without limitation reasonable attorney and accounting fees), resulting from or alleged to result from, directly or indirectly, your

  • violation of these Terms and Conditions;
  • access to or use of the Platform and Websites; and
  • provision of other disclosure to TeleUpachar of any other information or data and the use of the same by TeleUpachar or other TeleUpachar Party as contemplated hereunder.

IN NO EVENT SHALL TELEUPACHAR BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM ANY LOSS OF USE, LOSS OF PROFITS, LITIGATION, OR ANY OTHER PECUNIARY LOSS, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE WEBSITES OR PLATFORMS OR THE PROVISION OF OR FAILURE TO MAKE AVAILABLE ANY SUCH PRODUCTS, GOODS, OR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TeleUpachar shall not be liable for any failure to perform its obligations hereunder where the failure results from any cause beyond TeleUpachar's reasonable control or force majeure events, including, without limitation, mechanical, electronic, or communications failure or degradation.

The terms of these Terms and Conditions that limit liability reflect an informed voluntary allocation of risk; such allocation represents a material part of these Terms and Conditions. You agree that the limitations of liabilities set out in these Terms and Conditions are fair and reasonable in the circumstances.

Disclaimer

The Websites and Platforms are provided on an "as is" and "as available" basis and without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable laws, TeleUpachar disclaims all representations, warranties, and conditions, express or implied, including, but not limited to, implied condition or warranties of merchantability and fitness for a particular purpose. TeleUpachar does not warrant that the Websites and Platforms will be uninterrupted or error-free, that defects will be corrected or that the Websites and Platforms or the server that makes it available are free of viruses or other harmful components.

TeleUpachar makes no guarantees and disclaims any implied warranty or representation about its accuracy, relevance, timeliness, completeness, or appropriateness of any content posted on the Website and Platforms for a particular purpose. TeleUpachar assumes no liability arising from or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Websites and/or Platforms.

Children

The Websites and Platforms are not intended for children under the age of 13. If you are under 13 years of age, please do not use or access the Websites or Platforms at any time or manner or event. By using the Websites or Platforms, you affirm that you are over the age of 13. TeleUpachar does not seek through the Websites or Platforms to gather personal information from or about persons under the age of 13 without the consent of a parent or guardian.

Law and Jurisdiction

These Terms and Conditions are governed by the laws of the Federal Democratic Republic of Nepal as mandated by the constitution. The parties hereby irrevocably submit to the exclusive jurisdiction of Nepali courts in respect of all matters and disputes arising hereunder and waive any defense of lack of personal jurisdiction in that jurisdiction. In any event, if any provision of these Terms and Conditions is found to be invalid or unenforceable by a court having competent jurisdiction, only that particular provision or part so found, and not the entire agreement will be inoperative. No term or provision of these Terms and Conditions may be waived or modified unless such waiver or modification is made in writing and published by us.

Personal Information and Privacy Policy

In these Terms and Conditions, "personal information" means any information about an identifiable individual, such as your name, email address, mailing address, gender, date of birth, any personal or protected health information, or, any data about you that you elect to provide electronically through the Websites and Platforms and any other information that identifies who you are.

Your privacy is important to us. It is TeleUpachar's policy to respect your privacy regarding any information we may collect from you across our Website and Platforms. We only collect for personal information when we truly need it to provide a service to you. We collect it by fair and lawful means, with your knowledge and consent. We only retain collected information for as long as necessary to provide you with your requested service. You are free to refuse our request for your personal information, with the understanding that we may be unable to provide you with some of your desired services. The collected data (or personal information) will be processed and stored in a secure manner. It is ultimately your choice and should you elect to provide personal information including but not limited to protected health information via our Websites and Platforms, you hereby waive your right to make any complaint in accordance with Nepal’s Individual Privacy Act 2075 along with any other prevailing laws regarding the personal information provided to us pursuant to these terms and conditions as long as such information is legitimately used by us. You also agree that TeleUpachar has the right to monitor and review your use of the Websites and Platforms from time to time, and to use "cookies", "log files" and your "browsing data" in accordance with the Cookie Policy.

Other terms and conditions regarding Personal Information shall be governed by TeleUpachar's Web and Mobile Privacy Policy (or as otherwise agreed upon between you and TeleUpachar in writing).

Waiver

No delay or omission by TeleUpachar to exercise any right or power it has under these Terms and Conditions or to object to the failure of any covenant of you to be performed in a timely and complete manner, shall impair any such right or power or be construed as a waiver of any succeeding breach or any other covenant. Any waivers by TeleUpachar must be in writing and signed by an authorized representative of Vriya Technology Pvt. Ltd.

Entire Agreement

These Terms and Conditions constitute the entire agreement between you and TeleUpachar relating to your access to, and use of, the Platform and Websites and the subject matter of these Terms and Conditions and supersede all prior or contemporaneous agreements, negotiations, representations, and proposals, written or oral between TeleUpachar and you or between Vriya Technology Pvt. Ltd. and you.

Electronic Documents

This electronic document, and all other electronic documents referred to or incorporated herein, will be: (a) deemed for all purposes to be a "writing" or "in writing", and to comply with all statutory, contractual, and other legal requirements for writing; and (b) legally enforceable as a signed agreement. A printed version of these Terms and Conditions and any notice given in electronic form shall be admissible in judicial proceedings or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Assignment

These Terms and Conditions are personal to you and are not assignable, transferable, or sublicensable by you except with TeleUpachar's prior written consent. TeleUpachar may assign, transfer, or delegate any of its rights and obligations hereunder without your consent.

Language

English shall be the language of these Terms and the parties waive any right to use and rely upon any other language or translations. It is the express wish of the parties that these Terms of Use and all documents relating thereto be drawn up in the English language, except for documents for which the law requires the exclusive use of Nepali.

How to Contact Us?

If you have any questions about the Terms and Conditions or need to provide notice to or communicate with, TeleUpachar under the Terms and Conditions, please contact TeleUpachar using the following contact details:

Vriya Technology Pvt. Ltd.

Registered Address: Lalitpur Municipality, Lalitpur – 03, Nepal

Current Address: Shreenagar Marga, 334/77, Shankhamul, Kathmandu

admin@vriya.com

TeleUpachar may provide notices or communications to you on the Websites and/or Platforms and you agree that such notices shall constitute notice to you whether or not you actually access the notice.