Terms & Conditions for Cista Healthcare
This website (“cistahealthcare.co.in”) is owned, hosted and maintained by Cista healthcare and its affiliates (“Company/us/we/our”) and which provides information about Company’s services of care designed exclusively for elders, delivered at the elder’s current home and offers various plans to the registered users. These Terms and Conditions (the “T&C”) constitute a valid and binding agreement between Company and the user. By using this website, per se, you agree to be bound by all the terms and conditions as mentioned herein. The following terms and conditions and any amendments or modifications made thereto, govern the use of this website and any content made
available from or through this website.
By accessing this website, the user warrants that the user has fully read and understood these T&C and agrees to be legally bound by these terms and acknowledges unconditional acceptance without limitation or qualification of these T&C. Cista reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement, or delete any of the terms and conditions of this Agreement (including the Privacy Policy) at any time, effective with or without prior notice. The user may review these terms regularly to ensure that the user is aware of any changes made by us. The continued use of our website by the user, after changes are posted means that the user agrees to be legally bound by these terms as updated and/or amended. If you do not agree with any part of these Terms of Use or the Privacy Policy, you must immediately cease using the Service and Software. In the case of any violation of these T&C or any additional terms posted on website, we reserve the right to seek all remedies available by law and in equity for such violations.
Cista does not share user personal information to third-parties during the registration process. Once registration is complete and the user is an account holder with Cista, Cista can share relevant information to third-parties to provide all requested services. Users and their family members must agree to receive regular phone calls, WhatsApp/SMS and email communication, to learn about ongoing and/or future promotions and receive other marketing material from Cista, unless they have specifically emailed us requesting otherwise. All promotions are to be used by intended audiences only and in a lawful manner. Certain promotions may only be attained via certain conditions. Cista reserves the right to withhold benefits if the requested criteria have not been met
General
1. We do not guarantee that the Website, or any content on it, will always be available or be uninterrupted. Access to the Website is permitted on a temporary basis.
2. The content of the website, including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is for informational purposes only. Reliance on any information appearing on the website, whether provided by Company, independent
professionals/experts, visitors to the website or others, is solely at the user’s own risk. BY USING THE WEBSITE, YOU AGREE TO USE THE WEBSITE FOR THE INTENDED INFORMATION AND COMMUNICATION PURPOSES ONLY AND PARTICULARLY NOT FOR ANY MEDICAL PURPOSES. ANY INFORMATION SHARED BY THE INDEPENDENT PROFESSIONALS/EXPERTS ON THE WEBSITE SHOULD NOT BE MISCONSTRUED AS MEDICAL ADVICE, PRESCRIPTIONS, OR DIAGNOSES AND THE USER AGREES TO CONSULT A MEDICAL EXPERT/ MEDICAL PROFESSIONAL/ MEDICAL PRACTITIONER IN CASE OF ANY INDIVIDUAL HEALTH ISSUES.
3. Cista reserves the right in its sole discretion to review, improve, modify, suspend, withdraw, discontinue temporarily or permanently or change all or any part of the Website or Service or any content or information with or without notice. Cista will not be liable to any party for any modification or discontinuance of the Service or Software, in part or in their entirety at any time and/or for any period.
4. The user is responsible for making all arrangements necessary for the user to access the Website (including, having access to an internet connection and an appropriate browser).
5. The user is also responsible for ensuring that all persons who access our website through the user’s registered account or otherwise are aware of these T&C and other applicable terms and conditions, and that they comply with them.
6. The user must not misuse our website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. The user must not attempt to gain unauthorised access to our website, the server on which our website is stored or any server, computer or database connected to our website.
7. The user agrees to use our website only for lawful purposes and in a way that does not infringe the rights of, restrict or inhibit anyone else’s use of our website.
8. It is important to remember that comments submitted to a forum may be recorded and stored in multiple places, both on our website and elsewhere on the Internet, which are likely to be accessible for a long time and the user has no control over who will read them eventually. It is therefore important that the user is careful and selective about the personal information that the user may disclose about himself/ herself/ itself and others, and in particular, the user should not disclose sensitive, proprietary or confidential information in his/ her/ its comments to our public sections/forums.
9. Company does not endorse any user submission or any opinion, recommendation, or advice expressed therein, Company expressly disclaims any and all liability in connection with user submissions. Company does not permit copyright infringing activities and infringement of intellectual property rights on its website, will remove all content and user submissions if properly notified that such content or user submission infringes on another’s intellectual property rights. Company reserves the right to remove content and user submissions without prior notice.
10. The user will not copy, reproduce, republish, download, make available to the public, or otherwise use our website and/ or content in any way except for the user’s own personal, non- commercial use. The user also agrees not to adapt, alter or create a derivative work from any our website and/ or content except for the user’s own personal, non-commercial use. Any other use of our website and/ or content requires the prior written permission of us.
Term
These T&C shall continue to be valid and binding upon the users until, the user continues to access and use the Website. We may suspend or terminate the user from the use of the Website at our sole and absolute discretion without any notice and cause. Notwithstanding anything stated under this T&C, these T&C will survive indefinitely unless and until we choose to terminate them.
Eligibility
To access a comprehensive list of services and pricing, users must register with Cista
1. The user must be competent and eligible to enter into legal binding agreements as determined by the provisions of Indian Contract Act, 1872.
2. The user must be above 18 (eighteen) years of age and must be a citizen of India. However, if the user is below 18 (eighteen) years of age then the user must obtain consent from their parent(s) or legal guardian(s). The parent(s) or legal guardian(s) accept these T&C and agree to take responsibility for: (i) user’s actions; (ii) user’s use of any of the services, information and functions made available on the Website or purchase of any product, good or merchandise (including any part thereof) made available for sale on the Website; and (iii) user’s acceptance and compliance with these T&C. If the user is below 18 (eighteen) years of age and does not have consent of their parent(s) or legal guardian(s), user must stop using/accessing the Website.
3. They must submit personal information about themselves and their family members including, but not limited to, names, mobile numbers, addresses, medical information, geographical information, and valid payment methods. Users will be asked to verify their details through the use of a verification code.
4. The user should be of sound mind and should have a firm contractual capacity.
5. Once a payment has been received by Cista, users are classified as account holders. Failure to maintain up to date information or providing inaccurate information may lead to termination of their accounts and/or services.
Registration
1. The user may access areas of the website that require registration by becoming a registered member and creating an account in the website. The user agrees to be responsible for maintaining the confidentiality of the passwords or other account identifiers which the user
may choose and all activities that occur under user’s account.
2. By registering on the website, user agrees that:
i) User’s account and password are personal to the user and may not be used by anyone else to access the Website.ii) User will not do anything which would assist anyone who is not a registered user to gain access to any area of the Website requiring registration and
iii) User will not pass off as and/or impersonate another user.
3. User agrees to notify us immediately in case of any unauthorised use of the user’s password or account identifiers by others.
Termination and Suspension
1. If the user no longer wishes to have a registered account, the user may terminate his account by deleting the same as provided in the website. If the user no longer accepts these terms and conditions, or any future modification to this T&C, user must cease using the website, continued use of the website indicates user’s continued acceptance of these terms and conditions.
2. Without limitation, Cista may terminate or suspend your right to use the Service or the Software, and may not provide any refund for any unused credit on your account, each any term of this Agreement or any policy of Cista posted on the Service or the Software from time to time, or if Cista otherwise finds that you have engaged in unlawful or inappropriate behaviour in connection with use of the Service or the Software. In addition to terminating or suspending your account, Cista reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. Even after your right to use the Service or the Software is
terminated or suspended, this Agreement will remain enforceable against you.
3. Cista may terminate or suspend user’s registered account, at our sole discretion, by emailing the user at the email-address used for registration stating that the agreement has terminated.
Services
1) The Company provides an opportunity to the user to purchase its services through various service plans.
2) All services/service plans and information displayed on the Website constitute an “invitation to offer”. Request for booking of any service plan by a user shall constitute an “offer” which shall be subject to the terms and conditions as detailed in this Agreement and the relevant service plan. The Company may accept or reject user’s offer in its sole discretion which cannot be contested by the user.
3) User can purchase a service plan as detailed under the Website or email us at info@cistahealthcare.co.in or call us.
4) Once the request is placed it is an express intention to purchase Company’s services as per the service plans and the same may not be cancelled except as provided hereunder.
5) Based on the information provided by the user and subject to the Company’s verification of the same, the requests will be accepted by the Company for processing and the same will be confirmed via e-mail.
6) All requests will be processed once the Company receives the payment for the service as detailed under the service plan.
7) The prices for services are described on the website and are incorporated into these terms by reference. All prices are in Indian rupees and are exclusive of applicable tax and payment gateway charges. The prices, products and services are subject to change at the Company’s discretion.
8) In the event of any inadvertent mistake by the Company in quoting the price of a service plan, the Company will notify the user of the error before the payment is processed. The User will then have the choice to either accept the correct price or to cancel its request.
9) The Company accepts online payment via Credit Card, Debit Card and Net Banking. The user is solely responsible for all charges owed for all goods and services booked and/or purchased through the website. The products and services of the Company can be purchased by a user on annual, half yearly, or through easy quarterly instalments as provided in the website.
10) The user agrees, understands, confirms and states that the card details provided by the user to transact on the website will be correct, accurate and is owned by the user. In the event user uses a card belonging to any third party, then, user confirms that user has been authorized to or expressly permitted by such third party to use the card for making payments. The liability for use of a card fraudulently will solely be on the user and the onus to ‘prove otherwise’ shall be exclusively on the user.
11) User shall be solely responsible for compliance of all applicable laws for making payments to Company. In addition to all other remedies available under law and equity and as detailed under this Agreement, the Company reserves the right to recover any and all costs, expenses, charges, damages of any nature whatsoever, from any user using the website fraudulently. Further, the Company reserves the right to initiate legal proceedings against such persons for fraudulent use of the Website and any other unlawful acts or acts or omissions in breach of these T&C.
Account, Password, and Security
You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any password and account number provided by you or Cista for accessing the Service. You are solely and fully responsible for all activities that occur under your password or account. Cista expressly disclaims any liability from misuse of your account. Should you suspect that any unauthorized party may be using your password or account or you suspect any breach of security, contact Cista immediately.
Third Party Applications
In certain situations, Cista acts as a conduit between members of the Cista Platform and third-party services. You authorize Cista to act on your behalf to communicate with the designated service provider (via voice, text message or email) to vet them and their equipment to make sure they and their services meet your requirements and specifications, and to aid in locating your position for your services provider and to advise the service provider to correct his course if required, or for any other reason Cista deems appropriate. You further authorize Cista as your agent and on your behalf, to monitor your complete services from start to finish and if Cista deems it appropriate, to communicate with the designated services provider or you, our client, to make sure the designated service provider is meeting your specified conditions and requirements that you specify with us on or after your registration. During this phase of the ride, you authorize Cista to communicate with persons you designate to let them know the initiation, progress and conclusion or your service.
Payment Terms and Fees
To obtain services from Cista, users are required to pay for one of the, quarterly, half yearly or annual plans. Prices displayed are not inclusive of applicable taxes and payment gateway charges.
To avail services, users will have to pay the charges for a service provided by a third-party organization. These charges are due immediately and are non-refundable. Invoices will be generated and sent to users on their registered email address. Users or their family members are responsible in ensuring sufficient amount of funds is made available at all times to meet any unexpected medical & emergency expenses. In the event that Cista has paid a service provider on the users’ behalf, the user must pay Cista back within 24 hours.
Cista reserves the right to determine and change any payment term, rate, mechanism, or structure at any time. Cista may from time to time offer special promotions or offers, but reserves the right to change or cancel any special promotion at any time. We encourage you to check our website for the latest updates to payment terms.
Cista may use third party services to process payments. While Cista will use commercially reasonable efforts to ensure the security of all payment information such as credit cards or bank account numbers, Cista expressly disclaims any liability for any damage that may result should any third parties gain access to such information, and you agree to hold Cista harmless for any damages that may result therefrom.
Refunds & Cancellation Policy
Members can cancel their membership anytime. To cancel, members must call and email Cista. Cancelation will occur immediately and the subsequent quarterly membership fees will not be charged. Any charges due from services that have already been utilized by the user, prior to cancelation will be deducted from the refundable amount. Refunds for such users will be made within 60 days from request of cancellation. All refunds will be made through the original mode of payment and into the bank account that it was received by.
Limitation of Liability
Services are provided as they are mentioned, and as they are available. Cista makes no guarantee on the reliability, timeliness, quality, or availability of services by them, or a third-party organization. Risk of using the services lies with the user, to the maximum extent permitted under applicable law.
While Cista makes reasonable efforts for verification and checking the antecedents of its associates and seeks representation from its vendors that they do the same with their associates, it does not take guarantee for their individual conduct with a client of Cista. In case a client complains about the conduct of any associate of Cista, Cista will probe and address it as soon as possible.
In the case of an emergency, Cista will handle the emergency to their best efforts. Cista services are NOT to be considered a replacement for ordinary means of contacting emergency services, such as a fixed line telephone or mobile phone. If you are in immediate danger, are suffering a medical emergency or are the victim of a crime, PLEASE CALL the appropriate authorities and do not rely solely on Cista services. Even if your mobile device and the Cista Application have connectivity, the ‘Cista’ Application does not guarantee and has no control over whether your message will be delivered in real-time, promptly accessed by or responded to by any recipient.
YOU AGREE NOT TO HOLD CISTA, ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE AGENTS, EMPLOYEES, INDEPENDENT CONTRACTORS, ATTORNEYS, OFFICERS, DIRECTORS, PARTNERS, OR INVESTORS (COLLECTIVELY, “CISTA PARTIES”) LIABLE FOR ANY DAMAGE, SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY, “LIABILITIES”) THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICE OR SOFTWARE, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT, OR OMISSION OF ANY USER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT, VEHICLE ACCIDENTS, ACTS OF PHYSICAL VIOLENCE, AND DESTRUCTION OF PROPERTY), ANY DISPUTE WITH ANY USER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY CISTA PARTIES, AND ANY DESTRUCTION OF YOUR INFORMATION.
UNDER NO CIRCUMSTANCES WILL CISTA PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICES OR SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
CISTA IS NOT RESPONSIBLE FOR ANY DAMAGES, INJURIES, OR DEATH CAUSED TO USERS. USERS CANNOT HOLD CISTA, OR ANY OF ITS EMPLOYEES, RESPONSIBLE IN THE EVENT OF THE AFORE MENTIONED. IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS LEGALLY DETERMINED THAT ANY CISTA PARTY IS LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE TOTAL FEES PAID BY YOU TO CISTA IN CONNECTION WITH THE USE OF THE SERVICES OR THE SOFTWARE IN ANY 1-MONTH PERIOD BEFORE THE FILING OF THE CLAIM GIVING RISE TO SUCH DAMAGES.
CISTA, ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, PARTNERS, OR INVESTORS (COLLECTIVELY, THE “CISTA PARTIES”) ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICE AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY, OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE SERVICE.
THE USE OF THIS WEBSITE IS ENTIRELY AT THE USER’S OWN RISK, AND IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ANY OTHER MONETARY OR OTHER DAMAGES, FEES, FINES, PENALTIES, OR LIABILITIES ARISING OUT OF OR RELATING IN ANY WAY TO THIS WEBSITE OR SITES ACCESSED THROUGH THIS WEBSITE, AND/OR CONTENT OR INFORMATION PROVIDED HEREIN.
COMPANY AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION USER TAKES BASED ON THE CONTENT AVAILABLE ON THE WEBSITE. USER MUST EVALUATE, AND BEAR ALL RISKS ASSOCIATED WITH THE USE OF ANY AND ALL CONTENT ON THE WEBSITE, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF SUCH CONTENT.
The user’s sole and exclusive remedy for dissatisfaction with the website is to stop using the website.
IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL “108” IMMEDIATELY.
Indemnification
1. The user agree to indemnify, defend and hold harmless Company, its officers, directors, employees, agents from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Company that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by the user pursuant to these terms.
2. The user agrees that the user is solely responsible for anything he/ she/ it may post such as any information, content, user information, personal or sensitive data or any sort of query, response, information, etc. on the website, and that the user agrees to defend, indemnify, and hold Company, its officers, directors, employees, agents harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from the user’s violation of these T&C or any claims based upon the user’s posts/submissions on the website.
Disclaimer of Warranties
1. All content is available on “as is” basis, without warranties, representations, or guarantees of any kind. Company disclaims any and all implied warranties respecting content on website. The opinions expressed in website are the opinions of the individual author/ independent professional or expert and do not reflect the opinions of Company.
2. Company makes no warranties or representations about the accuracy or completeness of the website’s content or the content of any sites linked to the website and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iii) any interruption or cessation of transmission to or from the website. We do not guarantee that the Website will be secure or free from bugs or viruses and the users should use their own virus protection software, and/or any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the website. Company does not warrant, endorse, guarantee, or assume responsibility for any hyperlinked website/website/content or featured in any banner or other advertising, and Company will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services.
No Agency
No independent contractor, agency, partnership, joint venture, employer-employee or franchiser- franchisee relationship is intended or created by this Agreement.
Intellectual Property Rights
1. The trademarks, logos and service marks or any other right associated with intellectual property displayed on the website shall be the property of Company and/or its affiliates, as the case maybe or respective third parties. The user is not permitted to use the same.
2. Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Company has the license into the trademark “Cista”, and Company and/or its affiliates, as the case maybe owns all intellectual property rights to and the website including, without limitation, any and all rights, title and interest in and to trade names, service marks, logos, domain name, copyright, related rights, patents, utility models, designs, know-how, trade secrets, designs, graphics and inventions, goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. The user acknowledges and agrees that he/ she/ it shall not use, reproduce or distribute any content from the Website belonging to Company and/or its affiliates.
3. The users agree and acknowledge that any infringement of the intellectual property rights of Company and/or its affiliates will result in legal action against the user.
4. Company respects the intellectual property of others, and we ask our users to do the same. Company has no responsibility for content on other Websites linked to the Website that you may find or access. It is Company’s policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who may infringe or repeatedly infringe the copyrights or other intellectual property rights of Company and/or others.
Governing Law and Jurisdiction
The Parties expressly agree that the Terms of Use, Privacy Policy and any other agreements entered into between the Parties are governed by the laws, rules and regulations of India. The courts of Pune, Maharashtra, India. shall have the exclusive jurisdiction in respect of any and all legal dispute or matter arising out of user’s use and access of the Website. The parties expressly agree that in case any dispute arising out of services rendered, access or use of the website or content they shall make all attempts to resolve it by amicable settlement and discussion.
Entire Agreement
These T&C shall constitute the entire agreement between the parties and supersedes all other terms and conditions and/ or agreements relating to the subject matter, and set out the complete legal relationship between Company and any other party arising from or connected with the subject matter. Failure by Cista to enforce any provision of this Agreement will not be construed as a waiver of any provision or right. This Agreement will inure to the benefit of Cista and its successors and assigns. You also may be subject to additional terms and conditions that may apply when you purchase and/or use the products or services of a third party that are provided on or through the site. In the event of any conflict between any such third-party terms and conditions and these Terms of Service, these Terms of Service shall govern. Terms cannot be changed or terminated orally.
Force Majeure
Without limiting the foregoing, under no circumstances shall Cista be held liable for any damage or loss due to deficiency in performance of the Cista Service resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, transport delays, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures.
Severability
If any part of these T&C is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the T&C shall continue in effect.
Notices
Any and all notices, statements or other communication relating to any disputes, grievances experienced by the user shall be given or made in writing in the English language and delivered by electronic mail or sent by prepaid post with recorded delivery addressed to us at the following address: info@cistahealthcare.co.in
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Email us: info@cistahealthcare.co.in
Contact Us: +91 84849 17581
