Welcome to the portal www.getetoken.com, (the “Website“). The Website is operated by ( Getetoken India Private Ltd. ) , having its registered office at 502,Ashoka Chamber,Mithakhali , Ahmedabad-380006, INDIA ,to regularly update the website.

The terms ‘You’ or ‘Your’ refer to You as the user (irrespective of whether You are a Registered User or a Non-Registered User and the terms ‘Getetoken’ ,’We’, ‘Us’, ‘Company’, and ‘Our’ refer to ( Getetoken India Pvt Ltd ) , India and / or ______________ Private Limited.

PLEASE CAREFULLY READ THE FOLLOWING TERMS OF USE OF THE WEBSITE. THESE TERMS OF USE, TOGETHER WITH THE PRIVACY POLICY AVAILABLE AT www.getetoken.com/privacy, ADDITIONAL TERMS OF USE FOR BUSINESS USERS  https://business.Getetoken.com/terms AND OTHER POLICIES WHICH MAY BE APPLICABLE TO SPECIFIC PORTIONS OF THIS WEBSITE CONSTITUTE THE TERMS OF YOUR ACCESS TO AND USAGE OF THE WEBSITE. BY CLICKING ON THE ‘I ACCEPT’ BUTTON AT THE END OF THIS PAGE OR ACCESSING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE, THE PRIVACY POLICY, THE ADDITIONAL TERMS OF USE FOR BUSINESS USERS AND OTHER POLICIES WHICH MAY BE APPLICABLE TO THIS WEBSITE. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, THE PRIVACY POLICY, THE ADDITIONAL TERMS OF USE FOR BUSNIESS USERS AND OTHER POLICIES WHICH MAY BE APPLICABLE TO SPECIFIC PORTIONS OF THIS WEBSITE PLEASE DO NOT ACCESS OR USE THE WEBSITE.

These Terms of Use, the Privacy Policy, the Additional Terms of Use for Business Users, together with any other policies which may be applicable to specific portions of Website and any disclaimers which may be present on the Website are referred to as “Agreement“.

If You are accessing the Getetoken mobile application, then this Agreement will continue to apply to such use. In addition, there may be additional terms (such as the terms imposed by mobile application stores) which will govern the use of the mobile application. In such case, the term ‘Website’ will be deemed to refer to the Getetoken mobile application.

The features / services of this Website are available only in India and other countries across the glob. However Non-Registered Users outside India may browse through the information provided in the Website

The Agreement supersedes all previous oral and written terms and conditions (if any) communicated to You.

 

1.THE WEBSITE

1.1. Users: The Website is accessible to visitors / non-registered users, registered users and any business owners. “Registered Users” are users who have registered themselves an account on the Website by providing Getetoken with certain information and who can log on to the Website by providing their username and password. “Non-Registered Users” are users who are not registered with the Website but may access information on the Website. Certain features of the Website are available to Registered Users only. “Business Users”  are  individuals or any registered business owners or any other entities of genuine category (a) with whom Registered Users can book appointment using the Website or (b) who can provide information or services booked by Registered Users or (c) with whom Registered Users can avail services offered  or d) who can generate and provide service related information and services.  . Registered Users, Non-Registered Users and Business Users shall collectively be referred to as “Users“.

1.2. Features of the Website: The Website offers the following features:

1. a) For Registered Users:
2. Platform for obtaining generic and preliminary information from Business Users. You may check any service-relatedinformation on the Website and obtain preliminary and generic information and obtain you token for the services.
3. Platform for viewing generic and preliminary information of Business Users for other Registered Users: You may access the information provided by anBusiness users.

iii. Platform to book etokenwith Business users : You may use Website to schedule an in-person appointment with Business users at the Business user’s  premises.

1. Platform to interact with BUSINESS USERS privately: You may interact with an BUSINESS USERS privately on the chat feature available on the Website or via other communication feature which the Website may provide after paying fee to the BUSINESS USERS and an internet handling fee to Getetoken as applicable from time to time but not exceeding 50% of BUSINESS USERSservice fees.
2. Platform to pay BUSINESS USERS for non-Website interaction: You may make use of the Website solely for the purpose of paying an BUSINESS USERS for a non-Website/offline interaction with such BUSINESS USERS after paying Getetoken’s internet handling fee.
3. b) For Non-Registered Users:
4. Access to BUSINESS USERS Profiles: Depending on the extent of information shared by BUSINESS USERS at the time of registering with the Website, the BUSINESS USERSs’ profile containing their name, qualification, experience, specialization, fees, personal statement, education, professional memberships etc. can be accessed by You. The Website offers various search features to aid You in accessing BUSINESS USERS profiles.
5. Access to BUSINESS USERS Availability for in-person appointment: Based on information communicated by BUSINESS USERS, the Website shows indicative appointment slots available for in-person consultation at BUSINESS USERS’s premises.
6. c) For BUSINESS USERSs:
7. Platform to publish profile: You may upload Your profile containing Your name, qualification, experience, Business Type, Categories, specialization, fees, personal statement, education, professional memberships etc. on Website. Your profile is accessible to all Registered as well as Non-Registered Users.
8. Platform for private interaction: You may use Website for private interaction with Registered Users. In course of the private interaction, You can exchange texts, images, videos over the chat feature of the platform and communicate through other means provided by the Getetoken such as calls.

iii. Platform to receive fees for non-Website interaction: You may use the Website to receive fees for Your interactions with Registered User outside the Website / offline.

1. Platform to publish BUSINESS USERS-contributed business-related information and education material: You may contribute service related information and education material which Getetoken may, with or without modification, in its sole discretion, publish on the Website.

1.3. Types of content on the Website:

The various types of content available on the Website may be categorised as follows:

1.3.1. Content provided by Registered Users including information provided by Registered Users and interactions in the course of private interactions with BUSINESS USERSs (“User Content“)

1.3.2. Content provided by BUSINESS USERS including services related information and educational material; and information provided by way of responses to questions raised by Registered Users or in course of private interactions with Registered Users (“BUSINESS USERS Content“);

1.3.3. Content which Getetoken (through itself or its contractors) has generated or procured for the Website (“Getetoken Content“);

 

2.USE OF THE SITE

2.1. Use by all Users (Registered, Non-Registered User and BUSINESS USERS)

2.1.1. You will use the Website and the features provided by the Website only in relation to and in compliance with all applicable Indian laws. You will not use this Website or any feature provided by the Website for any purposes not intended under this Agreement.

2.1.2. You will not deliberately use the Website in any way that is unlawful or harms Getetoken, its directors, employees, affiliates, distributors, partners, service providers and/or any User and/or data or content on the Website.

2.1.3. You understand that as part of Your registration process as well as in course of Your use of the Website, You may receive SMS/email messages from Getetoken on Your registered mobile number. These messages will relate to Your registration, transactions that You carry out through the Website and any such information found suitable of Your attention by Getetoken. Please note that Getetoken will send these SMS/email messages only to the mobile number or email id that You provide on the Website. It is Your responsibility to ensure that You provide the correct number for the transaction You wish to enter into. Further, Getetoken may also send notifications and reminders to You with respect to appointments scheduled by You for the features that You may be using on the Website. You hereby consent to receive such messages from Getetoken.

2.1.4. By using the website and/or registering yourself at Getetoken you authorize us to contact you via email or phone call or sms and offer you services for the product you have opted for, imparting product knowledge, offer promotional offers running on website, for which reasons, personally identifiable information may be collected as detailed below. And Irrespective of the fact if also you have registered yourself under DND or DNC or NCPR service, you still authorize us to give you a call from the Getetoken& associate partners for the above mentioned purposes till 45 days of your engagement with us.

2.2. Use by Registered User

2.2.1. You acknowledge that this Website is an informative platform only. Getetoken and this Website are not in the business of providing the services being offered by registered business users on website.

2.2.2. We encourage You to independently verify any information You see on the Website including information provided by a BUSINESS USERS. You will use the Website and the features provided by the Website only in relation to and in compliance with all applicable Indian laws. You will not use this Website or any feature provided by the Website for any purposes not intended under this Agreement.

2.2.3. The Website allows You to select and schedule appointments with BUSINESS USERSS. In doing so, Getetoken can help providing You with lists and/or profile previews of BUSINESS USERSs who may be suitable to deliver the services that You are seeking based on information that You provide to Getetoken (such as area of specialty and geographical location).

2.2.4. Please note that Getetoken (i) does not recommend or endorse any BUSINESS USERSs mentioned on the Website; and (ii) does not make any representations or warranties with respect to BUSINESS USERS or the quality of the  services they may provide, and (iii) does not grade business users.

2.2.5. You will obtain all relevant consents and approvals prior to posting or providing any User Content.

2.2.6. You may schedule an appointment on the Website for Your family members and friends. However please note that such You will be solely responsible for any activity that is undertaken through his/her account on behalf of his/her family members and friends.

2.2.7.

2.2.8. Getetoken will levy an advance internet handling fee for each appointment that BUSINESS USERSgets through the Website by the way of purchasing tokens or token packages. Getetoken will also collect the consultation fee payable to the BUSINESS USERS in advance on behalf of BUSINESS USERS and pay to BUSINESS USERSwithout retaining any share from fees.

2.2.9.

2.3. Use by Non-Registered User

2.3.1. Getetoken will provide You with lists and/or profile previews of BUSINESS USERSs based on information that You provide to the Website’s search features (such as area of specialty and geographical location). Please note that Getetoken (i) does not recommend or endorse any BUSINESS USERS mentioned on the Website; and (ii) does not make any representations or warranties with respect to these BUSINESS USERSs or the quality of the healthcare services they may provide

2.4. Refund Policy for Paid Consults

2.4.1. In case a BUSINESS USER is not available to respond to a paid appointments or sercies, You can report the issue to Getetoken and request for cancellation, post which Getetoken will process the refund amount equalling to the total actual amount paid by You, including any internet handling fees. However, the refund will not include the discount value provided by Getetoken.

2.4.2. In the event it is proved that a BUSINESS USERS has acted in a manner that is against any applicable laws, Getetoken shall provide complete refund to You, subject to investigation undertaken by Getetoken.

2.4.3. In the event it is proved that You have demonstrated abusive nature during the consult, You shall not be eligible for any refund and Getetoken/BUSINESS USERS shall be entitled to take any legal action as applicable.

2.4.4. You are allowed a period of seven (7) days to report any consult as incomplete or unsatisfactory, and request for a refund. No refund requests shall be entertained thereafter if the paid services are obtained.

2.4.5. You can request a refund from Your consult chat screen or by sending us an email at info@Getetoken.com

2.4.6. In the event Getetoken establishes that Your refund claim meets the above conditions, Getetoken shall process the refund accordingly and the money will be refunded to You in three (3) working days from the day refund has been approved from Getetoken.

2.5. Refund Policy for Purchas items along with services.

2.5.1. If you cancel order after purchase made, refund will not be applicable. (currently clause says partial refund will be provided depend upon business users)

2.5.3. Refund due to any issues with reporting will be provided as per business user’s policy. Getetoken is not liable.

2.6. Getetoken Points

2.6.1. Getetoken may in its discretion award Getetoken Points from time to time without any prior notice.

2.6.2. Getetoken Points can not be redeemed as cash. Getetoken points cannot be transferred to a wallet or to a bank account or to another Getetoken account.

2.6.3. Getetoken Points can be applied on selected services or products available to Getetoken customers during checkout.

2.6.4. Getetoken may in its discretion change the list of services on which Getetoken Points can be applied from time to time without any prior notice.

2.6.5. Getetoken Points can not be transferred from one account to another.

2.6.6. Upon cancellation of services or purchase only the amount paid by user (after adjusting Getetoken points) will be refunded. Getetoken Points will not be refunded once they have been applied on a transaction.

2.6.7. Getetoken may in its discretion add or remove the number of points associated with your account from time to time without any prior notice.

2.6.8. Getetoken may in its discretion modify applicability of points from time to time without any prior notice.

2.6.9. Getetoken Points may be clubbed with extra discount for selected services or products.

2.6.10. Getetoken may in its discretion modify list of services for which Getetoken Points can be clubbed with discounts from time to time without any prior notice.

2.6.11. The amount of discount associated with application of Getetoken Points could vary from service to service.

2.6.12. Getetoken may in its discretion modify the amount of discount associated with application of Getetoken Points for various services from time to time without any prior notice.

2.6.13 Getetoken Points awarded to a particular user can be utilized for specific period of time, appearing at user’s profile. Any unutilized Getetoken Points will automatically exhaust on expiry of period.

2.6.14 Getetoken may in its discretion modify expiry period of Getetoken Points from time to time without any prior notice.

 

3.ROLE OF GETETOKEN

3.1. Getetoken’s role is limited to a) providing a platform for hosting and publishing User Content  and BUSINESS USERS Content b) providing a platform for Registered Users to get etoken to avail services and BUSINESS USERS’s to provide preliminary and generic information and issue to etokens to avail services by users  c) providing a platform for transactions and integration between Registered User and BUSINESS USERS d) providing a platform to find BUSINESS USERSs based on Registered User’s inputs and BUSINESS USERS profiles created by BUSINESS USERSs themselves and e) providing a platform for Registered Users to order services  f) facilitating collection and disbursal of service fees for BUSINESS USERSs.

3.2. Getetoken’s role is that of an ‘intermediary’ as defined under the Information Technology Act, 2000 and the rules thereunder. Being an intermediary, Getetoken has no responsibility and / or liability in respect of the content and transactions on the Website including any User Contentor BUSINESS USERS Content , information provided by BUSINESS USERSs , interactions between BUSINESS USERSs and on the one hand and Users on the other hand.

3.3. Getetoken does not have the obligation to pre-screen or monitor User Content, BUSINESS USERS Content at any time. However Getetoken may elect to monitor any User Content or BUSINESS USERS Content and remove any User Content and BUSINESS USERS Content from the Website if Getetoken determines in its sole discretion that such User Content and/or BUSINESS USERS Content is in violation of this Agreement or any applicable law and best practices. Where Getetoken removes any User Content or BUSINESS USERS Content from the Website, Getetoken will make reasonable efforts to inform the User or BUSINESS USERS who had posted such User Content or BUSINESS USERSContent respectively. Such actions do not in manner negate or dilute Getetoken’s position as an intermediary or impose any liability on Getetoken with respect to User Content and/or BUSINESS USERS Content.

3.4. If Getetoken suspects any illegal, wrongful or fraudulent activity on the Website by any Registered User, Lab or BUSINESS USERS, notwithstanding any other rights Getetoken may have, Getetoken reserves the right to inform the relevant government or law enforcement authorities. Getetoken will cooperate in all investigative procedures or requests for access / information initiated by any such government or law enforcement authorities.

3.5. Getetoken does not endorse or influence control over any particular brand, services, theory, opinion, viewpoint or position on any topic.

 

4.LINKS TO THIRD PARTY WEBSITES

4.1. You may be provided with links on the Website that direct You to third party websites / applications / content or service providers, including advertisers and e-commerce websites (collectively “Third Party Websites“).

4.3. Getetoken does not endorse any Third Party Websites that You may be directed to from the Website.

4.2. Links to such Third Party Websites are provided for Your convenience only. Please exercise Your independent judgment and prudence when visiting / using any Third Party Websites via a link available on the Website. Should You decide to click on the links to visit such Third Party Website, You do so of Your own volition. Your usage of such Third Party Websites and all content available on such Third Party Websites is subject to the terms of use of the respective Third Party Website and Getetoken is not responsible for Your use of any Third Party Websites.

 

5.PROPRIETARY RIGHTS

5.1. Getetoken respects the intellectual property rights of others, and We expect the same from You. The Website, User Content, BUSINESS USERS Content, Lab Content and the Getetoken Content are protected by applicable intellectual property laws of India.

5.2. Getetoken’s Rights to the Website and Getetoken Content

5.2.1. All intellectual property in and to the Website, any software, techniques and processes used in connection with the Website, belongs exclusively to Getetoken or its licensors. Through Your use of the Website, by no means are any rights impliedly or expressly granted by Getetoken to You in respect of such works.

5.2.2. Getetoken and/or its licensors assert all proprietary rights in and to all names and trademarks contained on the Website. Notwithstanding the generality of the foregoing, the name, “Getetoken” is the trademark and copyright (or any other intellectual property right) of Getetoken and/or its licensors. Any use of the Getetoken’s trademarks or copyright, unless otherwise authorized in a written agreement, will constitute an infringement upon the trademark and copyright (or any other such intellectual property right) of Getetoken and may be actionable under the applicable laws.

5.2.3. Except as stated otherwise in this Agreement all Getetoken Content (including all intellectual property rights to such content) is owned exclusively by Getetoken and/or its licensors.

5.2.4. When You use the Website in accordance with this Agreement, a limited royalty-free right is granted to You by Getetoken to use Getetoken Content for personal and non-commercial use in India for the time that You are either a Registered User or an BUSINESS USERS or for the time that You make use of the Website, whichever is less.

5.2.5. Unless explicitly stated herein, nothing in this Agreement shall be construed as conferring on You any license to intellectual property rights, whether by estoppel, implication, or otherwise.

5.2.6. Unless expressly authorized by Getetoken, You agree not to reproduce, modify, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the Getetoken Content, in whole or in part, by any means. You must not remove or modify any copyright or trademark notice, or other notice of ownership.

5.3. Rights in User Content AndBUSINESS USERS Content

5.3.1. You agree that You are the owner of all rights (including all intellectual property rights) in the User Content (in case You are a Registered User) or BUSINESS USERS Content (in case You are a BUSINESS USERS) that You post on the Website or provide to Getetoken.

5.3.2. You hereby grant Getetoken a perpetual, non-revocable, worldwide, royalty-free license to make use of such User Content (in case You are a Registered User) or BUSINESS USERS Content (in case You are a BUSINESS USERS) including the right to copy, distribute, display, reproduce, modify, adapt, the User Content or BUSINESS USERS Content, as the case may me, and create derivate works of the User Content or BUSINESS USERS Content, as the case may be.

 

6.PERSONAL INFORMATION

6.1.1. We may collect various personal information from You when You use the Website and or the features provided by the Website.

6.1.2. Our Privacy Policy available at www.Getetoken.com/privacy sets out Our policy with respect to the collection, storage, use, transfer and protection of any such personal information.

6.1.3. When You click on the ‘I accept’ or ‘I agree’ tab at the time of registering or otherwise provide Your personal information, you specifically consent to Our Privacy Policy.

6.1.4. Getetoken may disclose Your Personal Information in accordance with applicable law.

 

7.DISCLAIMERS

7.1. Interaction with BUSINESS USERS on the Website:

7.1.1. You understand and agree that any interactions and associated issues with the BUSINESS USERS(s) on the Website, is strictly between You and the BUSINESS USERS(s). You shall not hold Getetoken responsible for any such interactions and associated issues. Getetoken is not involved in the providing any services offered by business users  and hence is not responsible for any outcome between You and the BUSINESS USERS You interact with. If You decide to engage with a BUSINESS USERS to provide medical services to You, you do so at Your own risk.

7.1.2. The results of any search You perform on the Website for BUSINESS USERSs, or provision of access to any BUSINESS USERS on the basis of Your specific request, should not be construed as endorsement by this Website of any such particular BUSINESS USERS. We make no guarantees, representations, or warranties, whether expressed or implied, with respect to professional qualifications, quality of work, quality of services, expertise of the BUSINESS USERS. The search results are based on an object computer algorithm.

7.1.3. Getetoken shall not be responsible for any breach of service or service deficiency by any BUSINESS USERS.

7.1.4. We can neither assure that all transactions on the Website will be completed nor do We guarantee the ability or intent of BUSINESS USERS to fulfil their obligations in any transaction. We advise You to perform Your own investigation prior to selecting a BUSINESS USERS.

7.2. The information and materials available through the Website are for informational and educational purposes only and are not intended to constitute professional advice, services, or treatment, or to substitute professional judgment. Information that may be placed on the Website by third parties, including BUSINESS USERS Content, is beyond Our control. We are not responsible for the accuracy or completeness of information available from or through Our Website. You assume full risk and responsibility for the use of information You obtain from or through this site, and You agree that Getetoken is not responsible or liable for any claim, loss, or liability arising from the use of the information. We do not recommend or endorse any BUSINESS USERS, items or services, and the appearance of materials on the Website relating to any such products, items or services is not an endorsement or recommendation of them. You agree to review the definitions, functionality, and limitations of the information on the Website, and to make an independent determination of their suitability for Your use. We make no guarantees, representations or warranties, whether expressed or implied, with respect to information provided on the website

7.3. Information regarding BUSINESS USERS: Information regarding BUSINESS USERS and practice information found on the Website is intended for general reference purposes only. Such information found on the Website is mainly self-reported by the BUSINESS USERS. Such information often changes frequently and may become out of date or inaccurate. Neither the Website nor Getetoken provides any advice or qualification certification, business type about any BUSINESS USERS or Lab. You are encouraged to independently verify any such information You see on the Website with respect to a BUSINESS USERS or Lab that You seek to make an appointment with.

7.5. No Professional Relationship: Please note that some of the content including text, data, graphics, images, information, suggestions, guidance, and other material that may be available on the Website (including information provided in direct response to Your questions or postings) may be provided by BUSINESS USERSs . The provision of such content to You by Getetoken does not constitute delivery of health care or diagnostic services to You and does not create a professional relationship between Getetoken and You.

7.6. No Advice Provided: The content provided by the Website, either by Getetoken or by BUSINESS USERS, should not be construed under any circumstances to be an opinion,  advice, or services of any particular condition, but is only provided to assist you with locating appropriate services from a business owner.

If You rely on any of the Information provided by the Website, You do so solely at Your own risk. The Information that You obtain or receive from Getetoken, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Website is for informational and scheduling purposes only. 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.

7.7. Non-substitution of professional services: The Information provided on the Website and in any other communications from or provided through Getetoken is not intended as a substitute for, nor does it replace, services or offerings. Do not disregard, avoid or delay obtaining services from a registered individuals or business owners because of services that You may have obtained through the Website. Your use of Information provided on the Website is solely at Your own risk. Nothing stated or posted on the Website or available through any Services is intended to be, and must not be taken to be, the practice of services for the various purposes. You acknowledge and confirm that Getetoken shall not be responsible for Your services or be treated as a service provider on account of collection of the consultation fees for services by BUSINESS USERS.

7.8. GETETOKEN DISCLAIMS ANY REPRESENTATION AND/OR WARRANTYFOR THE SECURITY, RELIABILITY, QUALITY, TIMELINESS, AND PERFORMANCE OF (I) THE WEBSITE AND ITS FEATURES; (II) BUSINESS USERS WHO PROVIDE SERCIES TO A REGISTERED USER OR WHO INTERACTS PRIVATELY (III) ANY INFORMATION, CONTENT OR ADVICE AVAILABLE ON OR RECEIVED THROUGH THE WEBSITE (IV) ACCESS TO OR ALTERATION OF USER CONTENT OR BUSINESS USERS CONTENT (V) TRANSMISSIONS OR DATA AND (VI) THE ACCURACY OF ANY  CONTENT INCLUDING RESULTS OF SERIVCES OR TESTIMONALS (VII)ANY OTHER MATTER RELATING TO THE WEBSITE AND / OR SERVICES.

7.9. GETETOKEN MAKES NO WARRANTY OR REPRESENTATION THAT ANY ERRORS IN THE WEBSITE WILL BE CORRECTED EXCEPT AS REQUIRED BY LAW.

7.10. GETETOKEN ASSUMES NO RESPONSIBILITY AND/OR LIABILITY WITH RESPECT TO ANY USER CONTENT, SERVCIE  CONTENT OR BUSINESS USERS CONTENT (AS APPLICABLE) WHICH YOU MAY POST ON THE WEBSITE AND YOU ARE SOLELY RESPONSIBLE FOR SUCH USER CONTENT POSTED ON THE SITE.

7.11. YOU AGREE THAT THE OPEN AND REAL-TIME NATURE OF THE PLATFORM MAKE IT IMPOSSIBLE FOR GETETOKEN TO VOUCH FOR THE VALIDITY, AUTHETICITY AND HONESTY OF USER CONTENT OR BUSINESS USERS CONTENT. GETETOKEN IS NOT RESPONSIBLE FOR ANY USER CONTENT OR BUSINESS USERS CONTENT ON THE SITE, OR FOR THE CONSEQUENCES OF YOU READING OR RELYING ON SUCH CONTENT.

7.12. THE SITE IS PROVIDED ON A “AS IS” AND “AS AVAILABLE” BASIS. NEITHER GETETOKEN NOR ANY THIRDPARTY SERVICE PROVIDERS ARE LIABLE FOR ANY TECHNICAL OR OTHER OPERATIONAL DIFFICULTIES OR PROBLEMS WHICH MAY RESULT IN LOSS OF YOUR DATA, PERSONALIZATION SETTINGS OR OTHER INTERRUPTIONS IN THE FEATURES OFFERED ON THE WEBSITE. NEITHER GETETOKEN NOR ANY THIRD PARTY IS LIABLE FOR THE DELETION, LOSS, MIS-DELIVERY, TIMELINESS OR FAILURE TO STORE OR TRANSMIT ANY USER CONTENT OR BUSINESS USERS CONTENT, GETETOKEN CONTENT OR YOUR PERSONALIZATION SETTINGS.

7.13. GETETOKEN DOES NOT PROVIDE ANY GUARANTEE AND SHALL NOT BE HELD LIABLE OR RESPONSIBLE FOR THE FAILURE TO SEND SMS OR OTHER NOTIFICATIONS OR REMINDERS TO YOU AS A FEATURE OF THE WEBSITE.

7.14. Neither the BUSINESS USERSs nor Getetoken shall be responsible or liable for any breach or loss of data including Personal Information caused due to events beyond the control of BUSINESS USERSs / Getetoken or due to technical reasons or third party actions.

 

8.LIMITATION OF LIABILITY:

8.1. To the fullest extent permitted by law, in no event will Getetoken or its affiliates be liable for any direct, indirect, special, incidental, punitive, exemplary or consequential damages (including, without limitation, loss of business, revenue, profits, goodwill), whether or not Getetoken has been warned of the possibility of such damages or could have reasonably foreseen such damages. Notwithstanding anything to the contrary in this Agreement, Getetoken’s liability under this Agreement to YOU shall in no event exceed the fee amounts collected from You in the preceding one year or INR 5000 whichever is lower.

 

9.REPRESENTATION AND WARRANTIES

By Using This Website You Represent And Warrant That:

9.1. You are 18 years of age or older and that Your use of the Website shall not violate any applicable law or regulation;

9.2. All registration information You submit is truthful and accurate and that You agree to maintain the accuracy of such information;

9.3. You as a Registered or Non-Registered User will use the Website solely for Your personal and non-commercial use. Any use of this Website or its content other than for personal purposes is prohibited.

9.4. Your use of this Website shall be subjected to the following restrictions:

9.4.1. You will not delete or modify any content of the Website including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that You do not own or have express permission to modify;

9.4.2. You will not decompile, reverse engineer, or disassemble the content, or

9.4.3. You will not remove any copyright, trademark registration, or other proprietary notices from the Website. You further agree not to access or use this Website in any manner that may be harmful to the operation of this Website or its content.

9.5. You will not use the Website and / or services in any way that is unlawful, or harms the Company or any other person or entity, as determined in the Company’s sole discretion.

9.6. You will not engage in any form of antisocial, disrupting, or destructive acts, including “flaming”, “spamming”, “flooding”, “trolling”, “phishing” and “griefing” as those terms are commonly understood and used on the Internet.

9.7. You will not host, display, upload, modify, publish, transmit, update or share any information that —

(a) belongs to another person and to which the user does not have any right to;

(b) is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, 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;

(c) harm minors in any way;

(d) infringes any patent, trademark, copyright or other proprietary rights(s), violates any law for the time being in force;

(f) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

(g) impersonate another person;

(h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;

(i) threatens 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.

 

10.INDEMNIFICATION

You hereby indemnify, defend, and hold Getetoken, the Getetoken’s distributors, agents, representatives and other authorized users (Registered and Non-Registered Users, BUSINESS USERSs), and each of the foregoing entities’ respective resellers, distributors, service providers and suppliers, and all of the foregoing entities’ respective officers, directors, owners, employees, agents, representatives, harmless from and against any and all losses, damages, liabilities and costs arising from (i)Your use of the Website (ii) Your breach of provisions of this Agreement and (iii) any negligent or intentional wrongdoing on Your part.

 

11.TERMINATION 

Getetoken reserves the right, in the event it finds out in its sole discretion that You breached the Agreement, to suspend and / or terminate Your user account and/or access to the Website by blocking Your IP address or email id with or without notice to You. Any suspected illegal, fraudulent or abusive activity may be grounds for suspending and / or terminating Your user account and/or Your access to the Website. Upon suspension or termination, Your right to use the features on the Website shall immediately cease and the Company reserves the right to remove or delete Your information that is available with the Company, including but not limited to login and account information.

Upon user account termination or suspension, regardless of the reasons therefore, Your right to use the Website, User Content, BUSINESS USERS Content or Getetoken Content immediately ceases, and You acknowledge and agree that We may immediately deactivate or delete Your account and all related information and files in Your account and/or bar any further access to such files or this site. Getetoken shall not be liable to You or any third party for any claims or damages arising out of any termination or suspension of Your user account or any other actions taken by Us in connection with such account termination or suspension.

 

12.GOVERNING LAW AND JURISDICTION

The interpretation of this Agreement and the resolution of any disputes arising under this Agreement shall be governed by the laws of India.

 

13.MODIFICATIONS

13.1. Getetoken reserves the right to modify any part of the Agreement at any time without giving You prior notice.

13.2. When We update the Agreement, the next time You visit the Website, the Website will provide a message to you (which may be sent by email if You have provided Your Email Id) which will intimate You of the amendments. You do not agree to the amendments, please do not use the Website any further.

 

14.ARBITRATION 

14.1. Any dispute, claim or controversy arising out of or relating to this notice or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this Agreement to arbitrate, or to Your use of the Website or its features or the information to which it gives access, shall be determined by arbitration in India, before a single arbitrator in accordance with the London Court of International Arbitration, India Arbitration Rules (LCIA Rules), which LCIA Rules are deemed to be incorporated by reference into this Agreement. The venue of such arbitration shall be Ahmedabad, India. The governing law of the Agreement shall be the substantive law of India. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the Parties.

14.2. The Parties shall have the right to apply to a court of competent jurisdiction to obtain interim injunctive relief in respect of any dispute, pending resolution of such dispute in accordance with the Agreement.

 

15.GENERAL PROVISIONS

15.1. Severability: If any provision of this 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 the 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.

15.2. Notices: All notices and other communications required or permitted hereunder to be given to a Party shall be in writing, in the English language, and shall be sent by facsimile, e-mail, or mailed by prepaid internationally-recognized courier, or otherwise delivered by hand or by messenger, addressed to such Party’s address as set forth below or at such other address as the Party shall have furnished to the other Party in writing in accordance with this provision:

If to Getetoken:

Getetoken India Private Limited

502 Ashoka Chambers

Mithakhali , Ahmedabad – 380006 , INDIA

If to You:

at the email address provided by You to us when You registered as a Getetoken User.

15.3. Waiver: No term of the Agreement shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented. Any consent by any Party to, or waiver of a breach by the other, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

15.4. Complete Understanding: The Agreement contain the entire understanding of the Parties, and there are no other written or oral understandings or promises between the Parties with respect to the subject matter of the Agreement other than those contained or referenced in the Agreement.

15.5. Force Majeure: Getetoken shall not be liable for any downtime or delay or unavailability of the Website caused by circumstances beyond Getetoken’s reasonable control, including without limitation, acts of God, acts of government, floods, fires, earthquakes, civil unrest, acts of terror, strikes or other labour problems, internet service provider failures or delays, or denial of service attacks.

15.6. Advice of Counsel: Each Party acknowledges: (a) having fully read the Agreement in its entirety; (b) having had full opportunity to study and review the Agreement.

15.7. Advertisement: Getetoken shall have the right to place advertisements and publicity materials of its choice, including that pertaining to parties other than itself for commercial use through electronic means on the Website.

15.8. Assignment: You may not assign or sub-license, without the prior written consent of Getetoken, the rights, duties or obligations under this Agreement, in whole or in part, to any person or entity.

15.9. Conflict: In the event there is any conflict between the terms set out in these Terms of Use, the Privacy Policy, the Additional Terms of Use for BUSINESS USERSs and any other policies applicable to specific pages of the Website, the following order of prevalence shall apply: (i) the Privacy Policy (ii) these Terms of Use, (iii) the Additional Terms of Use for BUSINESS USERSs and (iv) any other policies applicable to specific pages of the Website.

 

16.RETURN & REFUND POLICY

16.1. At Getetoken.com, we do our best to ensure that our customers are immensely satisfied with our products. And we are happy to offer a complete refund in the following circumstances.

(a) You received a defective/damaged item(s).

(b) Delivered item(s) doesn’t match your order.

(c) The ordered item(s) is/are lost or damaged during transit.

16.2. Following circumstances do not qualify for Return or Refund.

(a) Any wrong ordering of product doesn’t qualify for Return or refund.

(b) Return or refund requests arising due to change in prescription do not qualify for Return.

(c) All products to be returned should always be in their original manufacturer’s packaging i.e. with original tags, labels, bar-code and invoice.

(d) Used, Opened or Partially consumed products do not qualify for Return, only completely intact products can be returned.

(e) Return product should have the same batch number as mentioned on the invoice.

(f) Non delivery of product reported after 48 hours of delivery confirmation text message on registered mobile number.

16.3. How to Request a Refund:

To request a refund, simply email us your order details, including the reason why you’re requesting a refund at orders@Getetoken.com.

16.4. Please Note: Mode of refund may vary from case to case. If the mode of refund is by Credit/Debit Card or Net Banking, allow 7 to 14 working days for the credit to appear in your account. If the mode of refund is by Wallet, credit should be available within 7 to 10 working days.

 

17.LEGAL DISCLAIMER

17.1 While we ensure that all product information on the platform is complete and accurate, however, we advise you not to solely rely on this information. It is recommended to refer to the product or services information , manual and/or specifications provided by the manufacturer either on their website or along with the product.

17.2 This is applicable for all warnings, labels, ingredients, and usage directions as well.

17.3 The use of any information provided on this platform is solely at the user’s risk. Nothing contained on this platform shall be considered as advice.

17.4 Consumers are advised to contact the manufacturer for any further information and assistance.