Terms and Conditions

Terms of use

Wellogo Services Private Limited (“Kyor”, “us” or “we”) is the author and publisher of the internet resource www.kyor.com, www.kyorlabs.com, www.kyornow.com, www.kyor.com/workplace along with the mobile application ‘Kyor’ (together, “Website”). Kyor owns and operates the services and applications including but not limited to those of the brand name “Kyor”, provided through the Website.

1. Nature and applicability of terms

Please carefully go through these terms and conditions(“Terms”) and the privacy policy available at https://www.kyor.com (“Privacy Policy”) before you decide to access the Website or avail the services made available on the Website by Kyor. These Terms and the Privacy Policy together constitute a legal agreement (“Agreement”) between you and Kyor in connection with your visit to the Website and your use of the Services (as defined below).

The Agreement applies to you whether you are:

• A customer, his/her representatives or affiliates, searching for Diagnostic Centres through the Website (“End-User”, “You” or “User”) ;or
• Otherwise a user of the Website (“You” or “User”).

This Agreement applies to those services made available by Kyor on the Website, which are offered to the Users(“Services”), including the following:

• For Users: Facility to (i) create and maintain ‘Kyor Accounts’, (ii) search for Diagnostic Centers, medical test by name, specialty, and geographical area, or any other criteria that may be developed and made available by Kyor, and (iii) to make appointments with Diagnostic Centers and medical test.

The Services may change from time to time, at the sole discretion of Kyor, and the Agreement will apply to your visit to and your use of the Website to avail the Service, as well as to all information provided by you on the Website at any given point in time.

This Agreement defines the terms and conditions under which You are allowed to use the Website and describes the manner in which Kyor shall treat your account while You are registered as a member with Kyor. If you have any questions about any part of the Agreement, feel free to contact Kyor at info@kyor.com

By downloading or accessing the Website to use the Services, You irrevocably accept all the conditions stipulated in this Agreement and agree and covenant to abide by them. This Agreement supersedes all previous oral and written terms and conditions (if any) communicated to You. By availing any Service, You signify your agreement to this Agreement.

We reserve the right to modify or terminate any portion of the Agreement for any reason and at any time, and such modifications shall be informed to You in writing. You should read the Agreement at regular intervals. Your use of the Website following any such modification constitutes your agreement to follow and be bound by the Agreement so modified. Any additional terms and conditions, disclaimers, privacy policies and other policies applicable in general and/ or to specific areas of this Website or to any particular Service are also considered as part of the Agreement.

You acknowledge that You will be bound by this Agreement for availing any of the Services offered by Kyor. If You do not agree with any part of the Agreement, please do not use the Website or avail any Services.

Your access to use of the Website and the Services will be solely at the discretion of Kyor.

The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but not limited to:

• the Indian Contract Act, 1872,
• the (Indian) Information Technology Act, 2000, and
• the rules, regulations, guidelines and clarifications framed there under, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”).

2. Conditions of use

You must be 18 years of age or older to register, use the Services, or visit or use the Website in any manner. By registering, visiting and using the Website or accepting this Agreement, You represent and warrant to Kyor that you are 18 years of age or older, and that you have the right, authority and capacity to use the Website and the Services available through the Website, and agree to and abide by this Agreement.

3. Registration process

The User will be entitled to avail the Services only upon completion of the registration process ("Registration Process") as provided below:

• The Registration Process involves the creating of a ‘Kyor Account’ by the User on the Website.
• Registration is mandatory for the Users and requires them to provide certain basic information about themselves such as name, age, sex, email address, billing address, collection address, zip/postal code and phone number for creating the Kyor Account.
• The User understands and agrees that Kyor may screen and verify the information provided by the User at its sole discretion, and may ask the User for further information even after Registration Process.

4. Terms of use

4.1 End-user account and data privacy

• The terms “personal information” and “sensitive personal data or information” are defined under the SPI Rules, and are reproduced in the Privacy Policy.
• Kyor may, by its Services, collect information relating to the devices through which You access the Website, and anonymous data of your usage. The collected information will be used only for improving the quality of Kyor’s services and to build new services.
• The Website allows Kyor to have access to registered Users’ personal email addresses or phone numbers, for communication purpose so as to provide You a better way of booking appointments and for obtaining feedback in relation to the Diagnostic Centers and their practice.


• The Privacy Policy sets out:
  • The type of information collected from Users, including sensitive personal data or information;
  • The purpose, means and modes of usage of such information;
  • How and to whom Kyor will disclose such information; and
  • Other information mandated by the SPI Rules.
  
  
• The User is expected to read and understand the Privacy Policy, so as to ensure that he or she has knowledge of:
  • the fact that certain information is being collected;
  • the purpose for which the information is being collected;
  • the intended recipients of the information;
  • the nature of collection and retention of the information; and
  • the various rights available to such Users in respect of such information.
  
  
• Kyor shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the User to Kyor or to any other person acting on behalf of Kyor.
• The User is responsible for maintaining the confidentiality of the User’s account access information and password, if the User is registered on the Website. The User shall be responsible for all usage of the User’s account and password, whether or not authorized by the User. The User shall immediately notify Kyor of any actual or suspected unauthorized use of the User’s account or password. Although Kyor will not be liable for the User’s losses caused by any unauthorized use of the User’s account, he/she shall be liable for the losses of Kyor or others due to such unauthorized use.
• If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Kyor has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Kyor has the right to discontinue the Services to the User at its sole discretion.
• Kyor may use such information collected from the Users from time to time for the purposes of debugging customer support related issues.
• Kyor may provide End-Users with a free facility known as ‘Kyor Account’ on the Website and its mobile application ‘Kyor’. The specific terms relating to such account are as below, without prejudice to the rest of these Terms and the Privacy Policy:
  • Your Kyor Account is only created after You have signed up and explicitly accepted these Terms.
  • Information available in your Kyor Account is of two types:
    • User-created: Information generated and uploaded by You.
    • Practice-created: Information generated by your interaction with a Diagnostic Centre who uses Kyor or other Services.
  • Any Practice-created information is provided on an as-is basis and Kyor does not validate the said information and makes no representation in connection therewith. You should contact the relevant Diagnostic Centre in case you wish to point out any discrepancies or add, delete, or modify the information in any manner.
  • The Kyor Account is provided on a best-efforts as-is basis. While Kyor strives to maintain the highest levels of service availability, Kyor is not liable for any interruption that may be caused to the User’s access of the Services.
  • The ‘SMS Reminder’ facility provided by Kyor is only a supplementary way of reminding You to remain present for your scheduled appointment with a Diagnostic Centre or to collect your Report from a Diagnostic Centre as the case may be. Kyor is not liable if for any reason SMS Reminder is not delivered to You or is delivered late or delivered incorrectly, despite its best efforts. In case You do not wish to receive the SMS Reminders, You can request your Kyor Relationship Team to not enable it during your consultation or otherwise, or give a missed call to the number included in the first SMS Reminder that You receive.
  • It is the User’s responsibility to keep your correct mobile number and email address updated in the Kyor Account. The records will be sent to the account associated with this mobile number and/or email address. Every time the User changes any contact information (mobile or email), Kyor will send a confirmation. Kyor is not responsible for any loss or inconvenience caused due to the User’s failure to update his/her contact details for the Kyor Account.
  • Kyor uses industry–level security and encryption for the Kyor Account. However, Kyor cannot guarantee prevention of unauthorized access if You lose your login credentials or they are otherwise compromised. Please safeguard your login credentials and report any actual suspected breach of account to info@kyor.com
  • If You access your dependents’ record through your Kyor Account by registering your dependents with your own Kyor Account, you are deemed to be responsible for the records of your dependents and all obligations that your dependents would have had had they maintained their own separate individual Kyor Accounts.

4.2 Listing of content and dissemination of information

• Kyor collects, directly or indirectly, and displays on the Website, relevant information regarding the profile and practice of the Diagnostic Centres listed on the Website, such as their specialisation, qualification, fees, location, visiting hours, and similar details. Kyor takes reasonable efforts to ensure that such information is updated at frequent intervals. Although Kyor screens and vets the information and photos submitted by the Diagnostic Centres, it cannot be held liable for any inaccuracies or incompleteness represented from it, despite such reasonable efforts.
• The Services provided by Kyor or any of its licensors or service providers are provided on an “as is” and “as available” basis, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). Kyor does not provide or make any representation, warranty or guarantee, express or implied about the Website or the Services. Kyor does not guarantee the accuracy or completeness of any content or information provided by Users on the Website. To the fullest extent permitted by law, Kyor disclaims all liability arising out of the User’s use or reliance upon the Website, the Services, or any opinion or suggestion given or expressed by Kyor in relation to any Services provided.
• The Website may be linked to the website of third parties, affiliates and business partners. Kyor has no control over, and is not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through the Website. Inclusion of any link on the Website does not imply that Kyor endorses the linked site. The User may use the links and these services at his/her own risk.
• Kyor assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect the User’s equipment on account of the User’s access to, use of, or browsing of the Website or the downloading of any material, data, text, images, video content, or audio content from the Website. If a User is dissatisfied with the Website, his/her sole remedy is to discontinue using the Website.
• Kyor, directly and indirectly, collects information regarding the Diagnostic Centres’ profiles, contact details, and practice, and publishes these details on the Website. On a Diagnostic Centre’s request, Kyor may take down any part of such Diagnostic Centre’s profile on the Website, provided, however, that Kyor shall at no time be under any obligation to take down publicly available information about a Diagnostic Centre, his/her profile, contact details and/or practice. All information regarding the Diagnostic Centres’ profiles, contact details, and practice is collected for the purpose of facilitating interaction between End-Users and Diagnostic Centres.
• Kyor shall not be liable and responsible for the ranking of the Diagnostic Centres on kyorlabs.com or external websites and search engines;
• Kyor shall not be responsible or liable in any manner to the Users for any losses, damage, injuries or expenses incurred by the Users as a result of any disclosures or publications made by Kyor, where the User has expressly or implicitly consented to the making of disclosures or publications by Kyor. If the User had revoked such consent under the terms of the Privacy Policy, then Kyor shall not be responsible or liable in any manner to the User for any losses, damage, injuries or expenses incurred by the User as a result of any disclosures made by Kyor prior to its actual receipt of such revocation.
• Kyor reserves the right to publish the User’s information to a third party, subject to prior explicit informed consent from the User.

4.3 Booking appointments and interaction with diagnostic centres

• If You have completed the registration as per Clause 3, You are entitled:
  • to view the pictures and details of various Diagnostic Centres, as well as any packages offered, on the Website;
  • to select a Diagnostic Centre of your choice, after entering the desired test and your locality;
  • to book one or more packages or diagnostic tests using the Website;
  • to avail the option of being visited by the representative of the Diagnostic Centre (subject to availability), at your registered address for sample collection, or to opt for an appointment at the Diagnostic Centre;
  • to receive the transaction number and the test details;
  • to receive the test reports within the suggested time.
• Upon booking of an appointment by the User, a confirmation of the appointment will be shared with the User through email or SMS, and the same will be reflected in the User’s Kyor Account.
• Reminder SMS/email will be sent to the User one day before and on the day of the appointment.
• The User is required to carry a photo-identification card and the transaction number at the time of visit to the Diagnostic Centre or when availing services of the Diagnostic Centre at his/her registered address.
• A Kyor relationship executive will contact the User prior to the appointment, with certain instructions. The User must abide by these instructions to the furthest extent possible.
• The User can view real-time updates about the status of his/her diagnostic tests through his/her Kyor Account, including cancellations and rescheduling.
• The User will receive an SMS, email and call once the medical report is available, and the same can be viewed through the User’s Kyor account. The medical report will also be emailed to the User’s registered email ID.
• Kyor reserves the right to change the nature of Services as mentioned at its sole discretion. Such change may be notified to the User by publishing the same on the Website.
• While Kyor will try to ensure a confirmed appointment for a User who has requested an appointment on the Website, Kyor does not guarantee that the User will get a confirmed appointment. Further, Kyor has no liability if such appointment is confirmed but later cancelled by Diagnostic Centres, or if the Diagnostic Centres are not available as per the given appointment time.
• You understand and agree that any interactions and associated issues with other Users including but not limited to your health issues and your experiences is strictly between you and the other Users. You shall not hold Kyor responsible for any such interactions and associated issues. For avoidance of doubt, Kyor is not involved in providing any healthcare or medical advice or diagnosis and hence is not responsible for any outcome between you and the Diagnostic Centre you interact with, pursuant to any interactions on the Website. If you decide to engage with a Diagnostic Centre to provide services to you, you do so at your own risk. The results of any search you perform on the Website for Diagnostic Centres should not be construed as an endorsement by Kyor of any such particular Diagnostic Centre. Kyor shall not be responsible for any breach of service or service deficiency by any Diagnostic Centre. We cannot assure nor guarantee the ability or intent of the Diagnostic Centre(s) to fulfill their obligations towards You. We advise you to perform your own investigation prior to selecting a Diagnostic Centre.
• Without prejudice to the generality of the above, Kyor will not be liable for:
  • the accuracy of the information available on the Website, or the quality of the services offered by any of the listed Diagnostic Centres;
  • any fault/deficiency in the service being rendered by the Diagnostic Centre(s), or any medical negligence on part of the Diagnostic Centre(s);
  • any type of inconvenience suffered by the User due to a failure on the part of the Diagnostic Centre to provide agreed services or to make himself/herself available at the appointed time, no show by the Diagnostic Centre, inappropriate treatment, or similar difficulties;
  • delay in delivery of medical reports, loss of medical reports or inaccuracy of any communications to the User by the Diagnostic Centres;
  • any misconduct or inappropriate behaviour by the Diagnostic Centre or the Diagnostic Centre’s staff;
  • cancellation or rescheduling of booked appointment or any variance in the fees charged;
  • any medical eventualities that might occur subsequent to using the services of a Diagnostic Centre, whom the User has selected on the basis of the information available on the Website or with whom the User has booked an appointment through the Website.
• Further, Kyor shall not be liable, under any circumstances, for any comments or feedback given by any of the Users in relation to the services provided by a Diagnostic Centre. All such feedback should be made in accordance with applicable law. The option of Users to give feedback remains at Kyor’s sole discretion and may be modified or withdrawn at its sole discretion. Kyor may moderate such feedback at any time. Kyor shall not be obliged to act in any manner to give effect to the content of Users’ feedback, such as suggestions for delisting of a particular Diagnostic Centre from the Website.

4.4 Payment

• Kyor will endeavour to provide the User with facilities/payment gateways to make payments through Credit Cards, Debit Cards, and Internet Banking.
• It is understood and agreed by the User that the appointment requested by the User will be confirmed only once he/she receives an order confirmation email as well as phone call from Kyor.
• It is understood and agreed by the User that payment mechanisms may be governed by separate/additional terms of use as may be prescribed by Kyor and/or the laws in force in India from time to time.
• Kyor reserves the right to refund the amounts paid by the User for an order placed for a diagnostic test. This shall be regardless of whether the order has been confirmed and/or payment been made via credit card/debit card or internet banking. In the event the payment has been processed by Kyor, the same will be credited to the User’s Kyor Account within 14 business days and duly notified to the User by email. Once the order has been placed and in case the User wishes to cancel/modify the same, he/she may do so subject to cancellation/modification charges as prescribed.
• It is understood and agreed by the User that payment mechanisms may be governed by separate agreements between Kyor and third parties who provide facilities for such payment mechanisms/gateways.
• It is understood and agreed by the User that Kyor shall not, in any event whatsoever, take any responsibility or liability for any malfunction or defect in any payment procedure/payment gateway. Payments shall be the made at the sole risk and responsibility of the User.
• The User is liable to pay all applicable charges, fees, duties, taxes, levies and assessments for availing the Services through the Website.

4.5 No doctor patient relationship

• Please note that some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, “Information”) that may be available on the Website may be provided by individuals in the medical profession. The provision of such Information does not create a licensed medical professional/patient relationship, between Kyor and you and does not constitute an opinion, medical advice, or diagnosis or treatment of any particular condition, but is only provided to assist you with locating appropriate Diagnostic Centres.
• It is hereby expressly clarified that the Information that you obtain or receive from Kyor and/or its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Website is for informational purposes only. We make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, quality of work, expertise or other information provided on the Website. In no event shall we be liable to you or anyone else for any decision made or action taken by you in reliance on such information.

4.6 Content ownership and copyright conditions of access

• The contents listed on the Website are (i) User generated content, or (ii) belong to Kyor. The information that is collected by Kyor directly or indirectly from the Users and the Diagnostic Centres shall belong to Kyor. Copying of the copyrighted content published by Kyor on the Website for any commercial purpose or for the purpose of earning profit will be a violation of copyright and Kyor reserves its rights under applicable law accordingly.
• Kyor authorizes the User to view and access the content available on or from the Website solely for ordering, receiving, delivering and communicating only as per this Agreement. The contents of the Website, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the Website (collectively, “Kyor Content”), are the property of Kyor and are protected under copyright, trademark and other laws. The User shall not modify the Kyor Content or reproduce, display, publicly perform, distribute, or otherwise use the Kyor Content in any way for any public or commercial purpose or for personal gain.
• User shall not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.

4.7 Reviews and feedback

• By using this Website, You agree that any information shared by you with Kyor or with any Diagnostic Centre will be subject to Kyor’s Privacy Policy.
• You are solely responsible for the content that You choose to submit on the Website (“User Content”) relating to Diagnostic Centres. The role of Kyor in publishing User Content is restricted to that of an ‘intermediary’ under the Information Technology Act, 2000. Kyor disclaims all responsibility with respect to the content of User Content, and its role with respect to such content is restricted to its obligations as an ‘intermediary’ under the said Act. Kyor shall not be liable to pay any consideration to any User for re-publishing any content across any of its platforms.
• Without prejudice to the detailed terms stated in Clause 5, You hereby agree not to post or publish any content on the Website that (a) infringes any third-party intellectual property or publicity or proprietary or privacy rights, or (b) violates any applicable law or regulation, including but not limited to the IG Rules and SPI Rules. You agree that Kyor may contact You through telephone, email, SMS, or any other electronic means of communication for the purpose of:
  • Obtaining feedback in relation to the Website or Kyor’s Services; and/or
  • Obtaining feedback in relation to any Diagnostic Centres listed on the Website; and/or
  • Resolving any complaints, information, or queries by Diagnostic Centres regarding your User Content;
  • and You agree to provide your fullest co-operation to such communication by Kyor.

Rights and obligations relating to content

• As mandated by Regulation 3(2) of the IG Rules, Kyor hereby informs Users that they are not permitted to host, display, upload, modify, publish, transmit, update or share any information that:
  • belongs to another person and to which the User does not have any right to;
  • is or is likely to be grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
  • harms or is likely to harm minors in any way;
  • infringes or is likely to infringe any patent, trademark, copyright or other proprietary rights;
  • violates any law for the time being in force;
  • deceives or misleads or is likely to deceive or mislead, the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
  • impersonates another person;
  • contains software, viruses or any other computer code, files or programs designed to or likely to interrupt, destroy or limit the functionality of any computer resource;
  • threatens or is likely to threaten the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
• Users are also prohibited from:
  • violating or attempting to violate the integrity or security of the Website or any Kyor content;
  • transmitting any information (including job posts, messages and hyperlinks) on or through the Website that is disruptive or competitive to the provision of Services by Kyor;
  • intentionally submitting on the Website any incomplete, false or inaccurate information;
  • using any engine, software, tool, agent or other device or mechanism (such as spiders, bots, avatars or intelligent agents) to navigate or search the Website;
  • attempting to decipher, decompile, disassemble or reverse engineer any part of the Website;
  • copying or duplicating in any manner any of the Kyor Content or other information available from the Website;
  • framing or hot linking or deep linking any Kyor Content.
• Kyor, upon obtaining knowledge by itself or being brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information (as mentioned above) generated by Users, or on being notified by the appropriate Government or its agency that the Website is being used by the User to commit any unlawful act and/or is being used in violation of Clauses 5.1 and 5.2 above, shall be entitled to remove or disable access to the material or information that is in contravention of this Clause. Kyor is entitled to act, as required by the IG Rules, within thirty six hours of obtaining such knowledge and, where applicable, work with Users to disable such information that is in contravention of applicable law. Kyor shall also be entitled to preserve such information and associated records for at least 90 (ninety) days for production to governmental authorities for investigation purposes.
• In case of non-compliance with any applicable laws, rules or regulations, or the Agreement (including the Privacy Policy) by a User, Kyor has the right to immediately terminate the access or usage rights of the User to the Website and Services and to remove non-compliant information from the Website.

Kyor may disclose or transfer User-generated information to its affiliates or governmental authorities in such manner as permitted or required by applicable law, and You hereby consent to such transfer. Kyor will comply with any duly-issued government or court directions to disable access to the User-generated information, should it be found to be illegal by a competent governmental authority.

Termination

• Kyor reserves the right to suspend or terminate a User’s access to the Website and the Services with or without notice and to exercise any other remedy available under law, in cases where:
  • Such User breaches any terms and conditions of the Agreement;
  • A third party reports violation of any of its right as a result of the User’s use of the Services;
  • Kyor is unable to verify or authenticate any information provided to Kyor by a User;
  • Kyor has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User; or
  • Kyor believes in its sole discretion that the actions of the User may cause legal liability for such User, other Users or for Kyor or are contrary to the interests of the Website.
• Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Website under the same account, a different account or re-register under a new account. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages, files and other material kept on the Website by such User and Kyor will not be held liable in respect thereof in any manner whatsoever.

Maintenance

Kyor may, at its sole discretion and without assigning any reason whatsoever, at any time deactivate and/or suspend the Users’ access to the Website and/or the Services (as the case may be) without giving any prior notice, to carry out system maintenance and/or upgrading and/or testing and/or repairs and/or other related work. Without prejudice to any other provisions of this Agreement, Kyor shall not be liable to indemnify the User for any loss and/or damage and/or costs and/or expense that the User may suffer or incur, and no fees and/or charges payable by the User to Kyor shall be deducted or refunded or rebated, as a result of such deactivation and/or suspension.

Disclaimer

Any specific advice or opinion expressed in the diagnostic/medical report or any part thereof is the personal opinion of the representatives of the respective Diagnostic Centres and is not subscribed to by Kyor. Further, it shall be the sole responsibility of the User to provide any information and/or disclose true and correct information about their medical history at the time of subscribing for the Services, and to continuously update such medical information as and when it changes, and Kyor does not take any responsibility for the accuracy or validity or truth of the medical reports posted on the Website, and shall not be liable for any incorrect/false information having been provided by the Diagnostic Centre.

Limitation of liability

In no event, including but not limited to negligence, shall Kyor, or any of its directors, officers, employees, agents or content or service providers (collectively, the “Protected Entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Website or its content, materials and functions related thereto, the Services, User’s provision of information via the Website, even if such Protected Entity has been advised of the possibility of such damages. In no event shall the Protected Entities be liable for:

• provision of or failure to provide all or any service offered by the Diagnostic Centres to Users, contacted or managed through the Website;
• any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Website;
• any unauthorized access to or alteration of your transmissions or data; or
• any other matter relating to the Website or the Service.

In no event shall the total aggregate liability of the Protected Entities to a User for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from this Agreement or a User’s use of the Website or the Services exceed, in the aggregate Rs.10,000/- (Rupees Ten thousand Only).

Indemnity

The User agrees to fully indemnify and hold completely harmless Kyor, its affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from the User’s access to or use of Service(s), violation of this Agreement, or infringement by any other User of his/her/its account, of any intellectual property or other right of any person or entity. Kyor will notify the User promptly of any such claim, loss, liability, or demand, and in addition to his/her foregoing obligations, the User agrees to provide Kyor with reasonable assistance, at his/her expense, in defending any such claim, loss, liability, damage, or cost.

Applicable law and dispute settlement

• The User agrees that this Agreement and any contractual obligation between Kyor and the User will be governed by the laws of India.
• Any dispute, claim or controversy arising out of or relating to this Agreement, including the determination of the scope or applicability of this Agreement, or the User’s use of the Website or the Services or information to which it gives access, shall be determined by arbitration in India, before a sole arbitrator appointed by Kyor. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be New Delhi, India. All arbitral proceedings, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the parties to the dispute.
• Subject to Clause 11.2, the courts at New Delhi, India shall have exclusive jurisdiction over any disputes arising out of or in relation to this Agreement, your use of the Website or the Services or the information to which it gives access.

Contact information grievance officer

• If a User has any questions concerning Kyor, the Website, this Agreement, the Services, or anything related to any of the foregoing, Kyor customer support can be reached at the following email info@kyor.com or via the contact information available from the following hyperlink: http://kyorlabs.com/
• In accordance with the Information Technology Act, 2000, and the Rules made there under, if You have any grievance with respect to the Website or the Service(s), including any discrepancies and grievances with respect to processing of information, You can contact our Grievance Officer at:

Email: info@kyor.com
Telephone: 0124-4794610
In the event you suffer as a result of access or usage of our Website by any person in violation of Rule 3 of the IG Rules, please address your grievance to the above person.

Severability

If any provision of the Agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from this Agreement and the remainder of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event, the Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.

Waiver

No provision of this Agreement shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by Kyor. Any consent by Kyor to, or a waiver by Kyor of any breach by You, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

YOU HAVE READ THESE TERMS OF USE AND AGREE TO ALL OF THE PROVISIONS CONTAINED HEREINABOVE