TERMS OF USE
Effective Date:03-11-2025
Welcome to Devi Prime Care (“we”, “us”, “our”, “Devi Prime Care”). These Terms of Use (“Terms”) govern your access to and use of our website www.deviprimecare.com (the “Website”) and any services provided by us through the Website (collectively, the “Services”). By accessing or using the Website or our Services, you agree to be bound by these Terms. If you do not agree to all of these Terms, you must not access or use the Website or Services.
Definitions
In these Terms:
- “User”, “you” or “your” means any individual or entity accessing or using the Website or Services.
- “Content” means any text, graphics, images, video, audio, software, data or other materials uploaded, downloaded or appearing on the Website.
- “Services” means all features, functionalities, content, tools or services made available through the Website by Devi Prime Care.
- “Account” means a user account you may create with us in order to access certain Services.
- “Third-Party Content” means content provided by parties other than Devi Prime Care.
Acceptance of Terms
By using or accessing the Website or Services, you confirm that you have read, understood and agree to these Terms as well as our Privacy Statement and any other policies referenced herein and applicable to your use. Where you access the Services on behalf of an entity, you represent and warrant that you are authorised to bind that entity. We may amend these Terms at any time, in which case we will post the revised Terms on the Website and update the “Last Updated” date. Your continued use after the modifications constitutes acceptance of the revised Terms. It is your responsibility to review these Terms regularly.
Eligibility
You represent and warrant that (a) you are of legal age to form a binding contract with us or have obtained parental or guardian consent, (b) you will comply with these Terms, and (c) you will use the Website and Services only in accordance with applicable law. If you are using the Website on behalf of a business or organisation, you further represent that you have the requisite authority to bind that business or organisation.
Access and Use of the Website
- Licence. Subject to your compliance with these Terms, Devi Prime Care grants you a limited, non-exclusive, non-transferable, revocable licence to access and use the Website and Services for your personal or internal business use.
- Access Credentials & Security. If you register for an Account, you are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your credentials. You agree to notify us immediately of any unauthorized use or security breach.
- Restrictions. You agree not to:
- Use the Website or Services for any unlawful or fraudulent purpose.
- Violate any applicable law or regulation in connection with your use.
- Use the Website or Services to upload, post or transmit any Content that is defamatory, harmful, infringing, obscene, or otherwise objectionable or that violates any third-party rights.
- Attempt to gain unauthorized access to the Website, Services, other accounts, systems or networks.
- Reverse-engineer, decompile, disassemble, modify or create derivative works of any software, tools or content on the Website.
- Remove any copyright, trademark or other proprietary rights notices contained in or on the Website.
- Use automated means (bots, scrapers, spiders) to access or harvest data from the Website unless expressly permitted in writing by us.
- Suspension and Termination. We reserve the right, in our sole discretion, to suspend or terminate your access (in whole or in part) to the Website or Services, at any time and without notice, if you breach these Terms or for any other reason. On termination, all licences and rights granted to you will cease and you must immediately stop using the Website and Services.
Content
- Ownership. All Content provided on the Website by Devi Prime Care (and its licensors) is owned or licensed by us, and is protected by copyright and other intellectual property laws. Except as expressly provided in these Terms, you may not copy, reproduce, republish, download, post, broadcast, transmit, modify or make derivative works of any Content without our prior written consent.
- User-Generated Content. If you post or upload content to the Website (for example reviews, feedback, comments, images) (“User Content”), then by uploading you grant Devi Prime Care a perpetual, worldwide, irrevocable, royalty-free, sublicensable licence to use, reproduce, adapt, publish, translate and display such User Content in any media. You represent and warrant you have all rights necessary to upload the User Content and that it does not violate any third-party rights.
- Monitoring. We may monitor, remove or refuse any User Content at our discretion, including content that breaches these Terms or is otherwise objectionable. We are not obligated to pre-screen or review all User Content, but we reserve the right to do so.
Payments and Subscription (if applicable)
If our Services include paid subscriptions, bookings, appointments or other chargeable services, your use of such services will also be subject to our Payment Terms (posted or referenced on the Website). You agree to provide accurate, current and complete payment information and authorise payment charges as applicable. You are responsible for all taxes, duties or levies related to your use of paid Services. We may change the pricing or billing terms at any time; changes will be communicated prior to new billing cycles.
Third-Party Links, Services and Content
The Website may contain links to third-party websites, services or content (“Third-Party Services”). Such links are provided for your convenience, and we neither approve nor endorse such Third-Party Services nor guarantee their content, accuracy, or availability. Your use of Third-Party Services is at your own risk. We disclaim all liability for third-party behaviour or content.
Disclaimers & Limitation of Liability
- No Warranty. The Website, Services and Content are provided “as is” and “as available” without warranties of any kind, whether express or implied, including (but not limited to) implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the Website or Services will be uninterrupted, error-free, secure or free of viruses or other harmful components.
- Limitation of Liability. To the maximum extent permitted by applicable law, in no event shall Devi Prime Care, its officers, directors, employees, affiliates or licensors be liable for: (a) any indirect, incidental, special, punitive or consequential damages, (b) loss of profits, revenues, data or use, (c) damages arising out of or in connection with your use of or inability to use the Website or Services, even if we have been advised of the possibility of such damages. Our total aggregate liability for any claim arising out of or relating to this Agreement shall not exceed the amount you paid, if any, for accessing the relevant Service during the preceding twelve (12) months. Some jurisdictions do not allow the exclusion or limitation of certain liabilities — if such laws apply to you, certain of the above exclusions may not apply.
Indemnification
You agree to indemnify, defend and hold harmless Devi Prime Care and its officers, directors, employees, agents, affiliates and licensors from and against any and all claims, damages, costs, liabilities and expenses (including reasonable legal fees) arising from: (a) your violation of these Terms; (b) your use of the Website or Services; (c) your User Content; (d) any infringement of third-party rights resulting from your use of the Website or Services; or (e) your negligent or wilful misconduct.
Intellectual Property
All trademarks, service marks, trade names, logos and other intellectual property rights (“IP Rights”) displayed on the Website or in connection with the Services are owned by Devi Prime Care or its licensors. Nothing in these Terms grants you any right or licence to use any IP Rights unless expressly stated. If you believe any content on the Website infringes your IP Rights, please notify us via our contact information in Section 15 with complete details.
Privacy
Your privacy is important to us. Our handling of your personal data is governed by our Privacy Statement, which is incorporated by reference into these Terms. By using the Website or Services you agree to the terms of our Privacy Statement.
Governing Law & Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of [Insert applicable jurisdiction, e.g., India – State of Kerala], without regard to its conflict of law provisions. For any dispute arising out of or relating to these Terms or your use of the Website or Services: you and we agree first to attempt to resolve the dispute informally by good-faith negotiation. If that fails within thirty (30) days, you and we agree that the exclusive venue for any litigation will be the courts located in [Insert city/court jurisdiction], India. If Indian law does not apply, substitute the appropriate jurisdiction.
Modifications to the Website, Services & Terms
We may modify, suspend or discontinue the Website or Services (or any part thereof) at any time, without notice and without liability. We also reserve the right to amend these Terms at any time. When we do, we will update the “Last Updated” date at the top of these Terms and post the revised version on the Website. Your continued use of the Website or Services after such modifications shall constitute your acceptance of the revised Terms. If you do not agree to the modified Terms, you must stop using the Website. Best practice is also to notify users of material change. (toslawyer.com)
Termination
We may terminate or suspend your access to the Website or Services at any time for any reason (including breach of these Terms) without prior notice or liability. Upon termination, your right to use the Website and Services will immediately cease and you must destroy all Content obtained from the Website and cease all use of the Services. Sections 4.3, 5.1-5.3, 8, 9, 10, 12 and this Section 14 shall survive termination of your use or access.
Contact Information
If you have any questions, complaints or claims regarding the Website or Services, or these Terms, you may contact us at:
Devi Prime Care
Address: Residency Road, Chamkkada, Kollam, Kerala, India. PIN:691001
Email: contact@deviprimecare.com
Telephone: +91 474 2761999
Severability & Waiver
If any provision of these Terms is held to be invalid, illegal or unenforceable under applicable law, that provision shall be struck out and the remaining provisions will remain in full force and effect. No waiver of any term or right shall be effective unless in writing and signed by us; our failure to enforce any rights under these Terms will not constitute a waiver of future enforcement.
Assignment
You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights and obligations under these Terms at any time without restriction.
Entire Agreement
These Terms (together with the Privacy Statement and any applicable Payment Terms or additional policies referenced herein) constitute the entire agreement between you and us concerning the subject matter hereof and supersede all prior or contemporaneous communications, representations or agreements between you and us (whether electronic, oral or written).
Feedback & Suggestions
We welcome your feedback or suggestions about the Website or Services. If you choose to send ideas, improvements or suggestions (“Feedback”), you grant Devi Prime Care a perpetual, irrevocable, worldwide, royalty-free, sublicensable licence to use, reproduce, modify, display and distribute the Feedback without any obligation to you.
Special Provisions If Providing Healthcare/Wellness Services
If the Services offered by Devi Prime Care relate to healthcare, diagnostics, wellness, therapy or similar professional services (in-person or online), the following additional provisions apply:
- The Website and Services are not a substitute for professional medical advice, diagnosis or treatment. Always seek the advice of a qualified healthcare professional.
- We do not guarantee outcomes or results. Any health-related information provided on the Website is for informational purposes only.
- Your use of the Website or Services is voluntary and at your own risk.
- If your jurisdiction requires specific licensing, patient-consent, regulated healthcare disclosures or professional disclaimers, you must ensure compliance.
End of Terms of Use