These Terms of Use (“Terms”) govern the use and access of the mobile application (together referred as “Speech and Hearing Kart”), owned and operated by Shravya Speech and Hearing Center (the “Company”). By accessing or using Application, you (“Users” or “You”) agree to comply with and be bound by these Terms. Further, by impliedly or expressly accepting these Terms, You also accept and agree to be bound by our policies, including the Privacy Policy, and such other rules, guidelines, policies, terms and conditions as are relevant under the applicable law(s) in India for the purposes of accessing, browsing or transacting on the Speech and Hearing Kart, or availing any of the Services, and such rules, guidelines, policies, terms and conditions shall be deemed to be incorporated into, and considered as part and parcel of these Terms. However, if You navigate away from the Speech and Hearing Kart to a third-party website, You may be subject to alternative terms and conditions of use and privacy policy, as may be specified on such website. In such an event, the terms and conditions of use and privacy policy applicable to that website will govern Your use of that website. Please read these Terms carefully as well as the Privacy Policy which is incorporated herein by reference.
By accessing or using any part of Speech and Hearing Kart, the User states and confirms to have read, understood and agreed to these Terms, as amended by the Company from time to time at its sole discretion. In the event a User does not agree to any or all of the provisions of these Terms, without modification, such User is requested to not use and access Speech and Hearing Kart. Users are expected to review the Terms periodically to ensure that they are aware of all changes or amendments made hereto. User’s continued access or use of Speech and Hearing Kart following any alteration to the Terms constitutes the User’s acceptance of those alterations or modifications of the same.
Duties of the User
In accessing or using the Speech and Hearing Kart the User shall not:- harm other persons, in particular minors, or infringe their personal rights;
- breach public morality in its manner of use;
- violate any intellectual property right or any other proprietary right;
- upload any contents containing a virus, such as a Trojan Horse, or any other program that could damage data;
- transmit, store or upload hyperlinks or contents to which the User is not entitled, in particular in cases where such hyperlinks or contents are in breach of confidentiality obligations or unlawful; or
- distribute advertising or unsolicited e-mails (so-called “spam”) or inaccurate warnings of viruses, defects or similar material and the User shall not solicit or request participation in any lottery, snowball system, chain letter, pyramid game or similar activity.
We may deny access to the Speech and Hearing Kart Application at any time, in particular, if the User breaches any obligation arising from these Terms of Use.
You agree to indemnify, defend and hold harmless Speech and Hearing Kart and its officers, directors, employees, contractors, agents, licensors, service providers, subcontractors, and suppliers from and against any and all losses, liabilities, expenses, damages, and costs, including reasonable legal fees and court costs, arising or resulting from your use of the Speech and Hearing Kart Application and any violation of these Terms of Use. If you cause a technical disruption of the Application or the systems transmitting the Web Site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages, and costs, including reasonable legal fees and court costs, arising or resulting from that disruption. Speech and Hearing Kart reserves the right, at its own expense, to assume exclusive defenses and control of any matter otherwise subject to indemnification by you, and, in such case, you agree to cooperate with Speech and Hearing Kart in the defence of such matter.
For Sale and Delivery of Products:
1. YOUR OBLIGATION AND COVENANTS
In addition to Your other covenants in these Terms, by ordering Product/s on Speech and Hearing Kart You acknowledge and agree that: (a) You have written and valid details and the information supplied to the Company will be accurate; (b) That the costs involved any non-delivery or wrong delivery of the Products by the Company due to error in the information provided by You, and, any costs of re-delivery in addition to the initial cost will be billed to You; (c) All information provided by You including your contact details, name and address, bank or credit card details are belong to You, or You are authorized to use the same, that the same are authentic and You have not made any misrepresentation or acted in a fraudulent manner by making use of such information/details; (d) That before placing an order You will check the Product description carefully. By placing an order for a Product, You agree to be bound by the conditions of sale included in the item's description.
2. ORDER FOR AND SUPPLY OF PRODUCTS
You will have to submit Your order for the purchase of the Product as detailed under Speech and Hearing Kart or you can e-mail us at Shravyacare@gmail.com or contact us at +91 8885205293. Once the order is submitted it an express intention to purchase the Product and the same may not be cancelled except as provided hereunder. Based on the information provided by You and subject to the Company’s verification of the same, the orders will be accepted by the Company for processing. All orders will be processed once the Company receives the payment for the Product. You acknowledge that with respect to audiological results the Company reserves the right to verify the same with independent qualified audiologist or a medical hearing care professional, and the acceptance of the order by the Company is subject to the same. All orders shall be confirmed via e-mail. The Company shall use its best efforts to ensure that order placed by You is successfully processed subject to the availability of the Product/s. In the event the Product/s is sold out or unavailable, the Company will intimate You regarding the same and either refund Your money or provide you with an opportunity to purchase a different Product of the same value. Except as specified herein, You will have no other remedy in case of non-availability of the Products selected by You. You further acknowledge that the recommendation options of the Products displayed on Speech and Hearing Kart may vary due to your specific requirement or due to the addition of new Products on Speech and Hearing Kart
3. QUALITY, DELIVERY AND CANCELLATION
The Company expressly disclaims any guarantee of exactness as to the finish and appearance of the final Product/s as ordered by You based on the display on Speech and Hearing Kart. The quality of any Product/s, or other material purchased or obtained by You through Speech and Hearing Kart may not meet Your expectations. There may be alteration in the Product/s with respect to Your order. This will be intimated to You by the Company. If You do not agree with the same, the Company will provide You an opportunity to either receive a full refund or a voucher to be redeemed against the purchase of the alternative Product of the same value. Title and risk of loss for all Product/s ordered by You shall pass on to You upon the Company’s shipment to the shipping carrier. Apart from these, in the case the original manufacturers/producer/reseller provide any specific warranty, then, those will be applicable subject to Your compliance with the warranty terms mentioned therein. The Company shall not have any responsibility whatsoever with respect to the warranty offered by the original manufacturer /producer/reseller, the Company would not be responsible or liable for the same. Your claims will have to be raised with the original manufacturer /producer/reseller. If feasible, the Company may provide reasonable assistance in this regard
The Company will make the delivery on a ‘best effort’ basis after acceptance of Your order. Subject to events beyond the Company’s control, the Product/s and/or the customized products will be shipped within 7 days of the acceptance of the order. You acknowledge that the Company uses different courier services and, You shall be bound by the terms and conditions of such courier services. The Company will communicate the dispatch details to You and will ship the Product/s and/or the customized products to the mailing address provided by You while placing the order. If you do not receive the Product/s and/or the customized products within a reasonable period of time, You should immediately notify the Company. You have an obligation to forthwith check the Product/s and/or the customized products for accuracy upon receipt of the same. The Company reserves the right to cancel an order in case the order request is not acceptable to the Company. Upon such cancellation, the Company will refund the money to You. Any such cancellation shall be at the sole discretion of the Company and You will have no right to contest the same. The reasons for cancellation could be due to non-availability of the Product/s, inaccuracy in Product and/or the customized product, or pricing information or due to reasons of any fraud or wrong usage of payment mechanism adopted by You. Any cancellation will be intimated to You by the Company. In the event You desire to cancel any order, then, such cancellation must be done prior to the dispatch of the Product/s to you. Once dispatched, the Company will not accept any cancellation request from Your end.
4. Pricing and Payment
The fee/consideration charged by the Company (including that for any of its Services, for the Products, and fee for audiologists) can be paid through the following form of payments: a) Online payment via Credit Card, Debit Card, Net Banking, UPI Payment, and through multiple online payment wallets such as Payzapp, Paytm, etc; b) Cash on Delivery on limited locations c) Cash Deposit on our bank account. You acknowledge that your payments shall also be governed by the terms and conditions of the respective payment methods/payment gateways. You agree, understand, confirm and state that the details (whether of debit card, credit card, net banking, UPI Payment or payment through online wallets) provided by You to make payment and transact Speech and Hearing Kart will be correct, accurate and is owned by You. In the event You use a payment details belonging to any third party, then, You confirm that you have been authorized to or expressly permitted by such third party to use the said details/payment mode for making payments. The Company will not be liable for any payment fraud including any credit card/debit card fraud. The liability for use of a payment mode fraudulently will be on the User and the onus to 'prove otherwise' shall be exclusively on the User. In addition to all other remedies available under law and equity and as detailed under this Agreement, the Company reserves the right to recover the cost of servicing, collection charges, attorney’s charges etc., from a User using Speech and Hearing Kart fraudulently. Further, the Company reserves the right to initiate legal proceedings against such persons for fraudulent use of the Speech and Hearing Kart and any other unlawful acts or acts or omissions in breach of these terms and conditions.
5. Restrictions on Use.
- Users shall not use the Services provided by Speech and Hearing Kart:
- for any unlawful purpose or in violation of any applicable laws; or
- in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others, or violate the privacy or other personal rights of others; or
- post any content that is defamatory, libelous, obscene, threatening, abusive or is offensive to other Users, such as content or messages that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; or
- post any content that is false or misleading, or that harasses or advocates harassment of another person
Users are also prohibited from violating or attempting to violate the security of the Speech and Hearing Kart, including, without limitation the following activities:
1. accessing data not intended for such User or logging into a server or account which the User is not authorized to access
2. attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
3. attempting to interfere with Services to any User, host or network, including without limitation, submitting a virus to Speech and Hearing Kart, overloading, “flooding”, “spamming”, “mail bombing”, “hacking” or “crashing”; or
4. transmitting any viruses, worms, defects, bugs, Trojan horses or other items of a destructive nature;
5. removing any copyright, trademark or other proprietary notices from any portion of Speech and Hearing Kart;
reproducing, modifying, preparing derivative works based upon, distributing, licensing, leasing, selling, reselling, transferring, publicly displaying, publicly performing, transmitting, streaming, broadcasting or otherwise exploit Speech and Hearing Kart except as expressly permitted by the Company;
7. submitting any User Information unless you are the owner of the rights in such User Information or have the permission from the rightful owner to share the material and to grant the Company all of the license rights granted therein;
8. decompiling, reverse engineering or disassembling Speech and Hearing Kart except as may be permitted by applicable law;
9. linking to, mirroring or framing any portion of the Services;
10. reformatting any portion of the pages that are part of Speech and Hearing Kart;
11. accessing Speech and Hearing Kart through a code, program or procedure either singly or repetitively with an intent to bypass safeguards built-into Speech and Hearing Kart;
12. causing or launching any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion Speech and Hearing Kart or unduly burdening or hindering the operation and/or functionality of any aspect of the Services;
13. attempting to gain unauthorized access to or impairing any aspect of Speech and Hearing Kart or its related systems or networks or Services;
14. infringing any intellectual property or other proprietary rights of any third party;
15. copying or using the information, content or data of others available on Speech and Hearing Kart (except as expressly authorized); and
16. overriding any security feature of the Services.
Further, violations of system or network security may result in civil or criminal liability.
