The terms on which DAWAIWALA provides You access to the Website and the Services (as defined below) through the Website are outlined in these terms and conditions of use ("Terms of Use") between DAWAIWALA.com (hereinafter referred to as "DAWAIWALA") and users/registrants of the Website.
Before using or registering on the website or accessing any materials, information, or services through the website, please read the terms of use carefully. By using the website or the services it offers, you agree to the terms of use and accept that you are legally bound by them.
THE TERMS OF USE ARE IMPLIED BY YOUR USE OF THE WEBSITE.
1.1 The website www.DAWAIWALA.com is a corporation with its registered office at G-110, Sita Sadan, P.C. Colony, Kankarbagh, Patna-800 020 that was established under the laws of India. Use of the Website is made available to You subject to Your agreement of all the terms, conditions, and notices included in these Terms, as well as any changes DAWAIWALA makes in its sole discretion and posts on the Website, such as by establishing a higher fee for use or access to a Service.
1.2 DAWAIWALA is not obligated to let You know about any modifications made to the Terms of Use, whether or not you are a registered user. The Website will make the updated Terms of Use available. The most recent version of the Terms of Usage posted on the website at the time of use governs how you use the Website and the Services. It is recommended that you often check www.DAWAIWALA.com to view the most recent Terms of Use. It shall be Your obligation to regularly review these Terms of Use for modifications. Before making any further use of the Website and the Services offered there, DAWAIWALA may need You to express Your agreement to the amended Terms of Use in a specific way. If no such separate consent is sought, Your continuing use of the Website after the Terms of Use have been modified will be deemed Your acceptance of such modifications.
1.3 By (i) using this Website or any facility or Service provided by this Website in any way; or ii) simply using the Website for browsing purposes, You acknowledge that You have read, understood, and agree to be governed by these Terms of Use and the Website's Privacy Policy, all of which are available on the website's home page at www.DAWAIWALA.com.
2.1 Users who have been suspended or removed from the DAWAIWALA system by DAWAIWALA for any reason whatsoever are not eligible to use the Services. You will not be able to use the Website or utilise the Services if you do not meet the requirements listed above. You warrant that You are of legal age to enter into binding contracts and that You are not a person who is prohibited from obtaining services under Indian law. Despite the above, if you are younger than eighteen (18) years old, you may still use DAWAIWALA's services through your legal guardian as long as you do so in line with the law.
2.2 DAWAIWALA retains the right at any time and without giving a reason to deny new Users access to the Services made available on the Website or to revoke access for current Users.
2.3 On the Website, you may have no more than one active Account. Furthermore, it is not permitted for you to provide your account to someone else in a trade or by any other means.
3.1 DAWAIWALA will only make the Services available to You after receiving the required User data from You and after You have established an account with DAWAIWALA using your DAWAIWALA ID and password. The directions for using the website, any stated regulations, additional terms of service, and other disclaimers and notices, if any, may also apply to the services ("Additional Terms"). In the case of any conflict, the Additional Terms with regard to that service shall take precedence.
3.2 To use the Services offered by the Website, You must register with it as a User by setting up an Account. You are entirely accountable for any activities that take place under your account and will be responsible for preserving the confidentiality of the Account Information. You consent to (a) you must tell DAWAIWALA right once if there has been any unauthorised use of your account information or any other security lapse, and b) be certain that you always log out of Your Account at the conclusion of a session. You may be held liable for losses suffered by DAWAIWALA or any other user of or visitor to the Website due to authorised or unauthorised use of Your Account as a result of Your failure to keep Your Account Information secure and confidential. DAWAIWALA cannot and will not be liable for any loss or damage arising from Your failure to comply with this Section 3.2.
4.1 DAWAIWALA offers You a non-exclusive, temporary right to access and use this Website and the Services made available within, provided that You abide by the Terms of Use.
4.2 You acknowledge and agree that you may only use the Services, Website, and content therein in accordance with the following: (a) the Terms of Use; and (b) any and all applicable laws, rules, regulations, customs, or practices in the relevant jurisdictions.
4.3 You consent to refrain from using any method other than the DAWAIWALA-provided interface to access (or attempt to access) the Website, its contents, or its services. You may not reproduce or attempt to reproduce in any way the navigational structure or presentation of the Website, materials, or any Content, or use any deep linking, robot, spider, or other automatic device, programme, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Website or Content (as defined below).
4.4 You are aware and agree that by using or accessing the Website or Services, you might be exposed to User Generated Content that you might find objectionable, offensive, or obscene. Cliniquewala disclaims all responsibility for any harm brought on any inappropriate Website material. You may also report such objectionable stuff.
4.5 If the website gives you the option to submit and upload anything, you agree to make sure that it is legal and does not violate any laws. Additionally, you promise not to:
4.6 You acknowledge that any breach of your obligations under the Terms of Use and its consequences (including any loss or damage the DAWAIWALA, its affiliates or suppliers may suffer) is your sole responsibility to the DAWAIWALA and any third party.
4.7 You acknowledge and agree that DAWAIWALA may, at any time, alter, suspend, or terminate all or a portion of the Website, impose, alter, or waive costs associated with its use, or present opportunities to some or all Website Users.
5.1 DAWAIWALA hereby provides You a non-exclusive, freely revocable (upon DAWAIWALA's notice), non-transferable right to access, read, download, and print product catalogues or any other items available on the Website, subject to the following restrictions: In compliance with the Terms of Use, you are only permitted to access and use the Materials for internal, personal, and informative reasons. You are not permitted to edit or change any of the Website's content;
5.2 DAWAIWALA or its vendors are the owners of any software that is made accessible on the Website. Unless otherwise specifically authorized by these Terms of Use or by the express written consent of DAWAIWALA, you may not copy, download, or install any software available at the Website.
6.1 Any computer equipment and internet connection you may require in order to access, utilize, and do operations on the Website are completely your responsibility.
6.2 You must also only use this website for legitimate and legal objectives; you may not engage in any activities that are not authorized by the website.
6.3 You must use this website and any coupons or vouchers you buy via it exclusively for your own personal, non-commercial use; you may not sell them to anyone else.
6.4 DAWAIWALA shall not be liable in any way for any loss or damage resulting directly or indirectly from the denial of permission for any transaction because you or the cardholder exceeds the preset limit that has been periodically mutually agreed upon by DAWAIWALA and our acquiring bank.
7.1 DAWAIWALA owns and controls the website and its processes, and the selection and placement of all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (collectively the "Content"). . ). The design, structure, selection, adaptation, presentation, look and feel of the Content is protected by copyright, patent and trademark laws and other laws.
7.2 DAWAIWALA owns all intellectual property rights to and into the "DAWAIWALA" trademark and the Website, including, without limitation, any and all rights, title, and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, trademarks, and any other proprietary information owned by a third party and expressly stated to the contrary.
7.3 You understand and agree that, unless otherwise specifically permitted above, you may not copy, republish, post, display, translate, transmit, reproduce, or distribute any Content in any media without DAWAIWALA's or a third party's prior written consent.
The website provides generic third-party material from sources outside of the website, such as product catalogues, authorized dealer listings, news, entertainment, technology, and feature reports, advertising containing product videos, photos, and photographs, and other information ("Third Party Content"). On the email you received from DAWAIWALA, you would also have access to similar Third Party Content. Only broad informative purposes are served by the presentation of Third Party Content. You recognize that the Third Party Content given to You is derived from sources that are thought to be trustworthy. Due to the fact that DAWAIWALA does not guarantee any Third Party Content, DAWAIWALA will not be held responsible for any losses you may incur as a result of relying on or using such Third Party Content.
YOU SPECIFICALLY AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW:
9.1 DAWAIWALA provides the website, services, and other materials "as is" without any express, implied, statutory, or other warranties of any kind, including the implied warranties of title, non-infringement, merchantability, or fitness for a particular purpose. Without limiting the aforementioned, DAWAIWALA makes no warranty that (i) the website or the services will meet your requirements or your use of the website or the services will be uninterrupted, timely, secure, or error-free; (ii) the results that may be obtained from the use of the website, services, or materials will be effective, accurate.
9.2 DAWAIWALA will have no liability related to user content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws, to the fullest extent permitted by applicable law. Additionally, DAWAIWALA disclaims any and all liability with regard to the misuse, loss, modification, or unavailability of any user content.
9.3 DAWAIWALA will not be liable for any loss that you may incur as a consequence of unauthorized use of your account or account information in connection with the website or any services or materials, either with or without your knowledge. DAWAIWALA has endeavored to ensure that all the information on the website is correct, but DAWAIWALA neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or service. DAWAIWALA shall not be responsible for the delay or inability to use the website or related functionalities, the provision of or failure to provide functionalities, or for any information, software, products, functionalities and related graphics obtained through the website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise. Further, DAWAIWALA shall not be held responsible for non-availability of the website during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason beyond DAWAIWALA's control. The user understands and agrees that any material or data downloaded or otherwise obtained through the website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material or data. DAWAIWALA is not responsible for typography that creates invalid coupons. DAWAIWALA shall not be liable for any errors or omissions regarding information provided to you from itself or a third party.
9.4 As a merchant, we shall have no duty whatsoever for any loss or harm resulting directly or indirectly from the decline of permission for any Transaction due to the Cardholder exceeding the preset limit that has been periodically mutually agreed upon by us and our acquiring bank.
9.5 The Company shall have no liability or responsibility for the publication, hosting, storage, or transfer of any information submitted by users or third parties that: undermines India's unity, integrity, defence, security, or sovereignty, as well as its good ties with other countries and the general public. It may also urge people to commit crimes that are punishable by law, obstruct the investigation of crimes, or disrespect other countries. Any and all liabilities or claims that may result from physicians or other medical practitioners on the website breaking medical or other relevant laws are not the Company's responsibility or liability.
10.1 You agree to hold DAWAIWALA, including but not limited to its affiliates, vendors, agents, and employees, harmless from and against any and all losses, liabilities, claims, damages, demands, costs, and expenses (including attorney fees and other related disbursements and interest chargeable thereon) asserted against or incurred by DAWAIWALA that arise out of, are related to, or may be payable by reason of any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to these Terms of Use. Additionally, you consent to indemnify and hold DAWAIWALA harmless from any claims made by third parties resulting from, arising out of, or connected with Your use of the Website, any allegation that Your material caused damage to a third party, Your violation of the Terms of Use, or Your violation of any rights of another, including any intellectual property rights.
10.2 Despite anything to the contrary, DAWAIWALA's sole obligation to You under these Terms of Use or in any other way is to refund any money that was charged to You for any particular voucher, or service that gives rise to the improbable liability.
10.3 DAWAIWALA, its officers, directors, employees, partners, or suppliers will never be responsible to You, the vendor, or any third party for any special, incidental, indirect, consequential, or punitive damages of any kind, including losses in use, data, or profits, whether or not such damages were anticipated or DAWAIWALA was aware of the possibility of such damages, and regardless of the basis for liability, including breach of contract or warranty.
10.4 To the fullest extent permissible by relevant law, the restrictions and exclusions in this section are applied.
11.1 You acknowledge and agree that if DAWAIWALA believes You have violated these Terms of Use or Additional Terms, DAWAIWALA may, in its sole discretion and without prior notice, cancel Your access to the Website and prevent You from using the Website in the future. You also acknowledge that any violation of these Terms of Use by You will be illegal and unfair business practice, will result in DAWAIWALA suffering irreparable harm for which money damages would be insufficient, and that DAWAIWALA is entitled to any injunctive or equitable relief it deems necessary or appropriate in such cases. In addition to any other legal or equitable remedies DAWAIWALA may have, these remedies are provided.
11.2 You acknowledge and agree that DAWAIWALA may, for any reason, in DAWAIWALA's sole discretion and without prior notice, terminate Your access to the Website. This includes, but is not limited to: (1) requests from law enforcement or other governmental agencies; (2) requests from You (self-initiated account deletions); (3) the discontinuance or material modification of the Website or any service made available on or through the Website; or (4) unexpected technical issues or problems.
11.3 DAWAIWALA will be entitled to recover from You, and You agree to pay, any reasonable lawyers' fees and expenses of such action, in addition to any other relief given to DAWAIWALA, if DAWAIWALA does take any legal action against You as a consequence of Your violation of these Terms of Use.
12.1 The Terms of Use will continue to apply until terminated by either you or DAWAIWALA as set forth below. To terminate your contract with DAWAIWALA (i) without accessing the Website; or (ii) if DAWAIWALA has provided you with this option, close your account on any Services you use.
12.2 DAWAIWALA may terminate the Terms of Use (or any component thereof, such as any specific Additional Terms) with You at any time, with or without notice, if:
12.3 DAWAIWALA has the right to suspend or cancel Your account in its whole or a part of it, with or without cause. Unless otherwise specified in any Additional Terms that may be applicable to a specific Service, termination of Your Account may include any or all of the following: I removal of access to all offerings on the Website or with regard to the Services; (ii) deletion of Your materials and Account Information, including Your personal information, log-in ID and password, and all related information, files and materials associated with or inside Your Account (or any part thereof); and (iii) prohibition of further use of Your Account.
12.4 You acknowledge that DAWAIWALA is free to terminate any account at any time (with the associated deletion of any related information) and that DAWAIWALA will not be held responsible to you or any third party in the event that DAWAIWALA does so.
12.5 Despite the aforementioned, these Terms of Use are perpetual unless and until DAWAIWALA decides to end them.
12.6 if You or DAWAIWALA end for usage of the Website.DAWAIWALA will not be liable to You or any other party if DAWAIWALA deletes any content or other materials related to Your use of the Website if You or DAWAIWALA terminates Your usage of the Website.
13.1 Without regard to considerations of conflict of laws, the laws of India shall govern these Terms of Use, any agreements made on or via the Website, and the relationship between You and DAWAIWALA.
13.2 You acknowledge and agree that the courts located in New Delhi, India shall have exclusive jurisdiction over all claims, disagreements, and disputes arising out of or related to this Agreement, the Website, the Terms of Use, any transactions made on or through the Website, or your relationship with DAWAIWALA, and you hereby submit to the personal and exclusive jurisdiction of those courts.
If You Discover Any Abuse, Any Violation of These Terms of Use, Or If You Discover Any Objectionable Content On The Website, Please Report It to DAWAIWALA Customer Support.
The User hereby declares, affirms, and acknowledges that he has read and fully comprehends DAWAIWALA's privacy statement with regard to the website. You also agree that you are oK with the terms and information in the privacy policy.
16.1 You hereby expressly consent to receiving messages from DAWAIWALA by SMS, emails, phone calls, and WhatsApp regarding Services offered through the Website.
16.2 A user may unsubscribe or choose not to receive emails and SMS messages from DAWAIWALA at any time by selecting the unsubscribe link located at the bottom of the email newsletter that was received.
17.1 Notice: DAWAIWALA will send out all notices by email or public announcement on the website. DAWAIWALA customer service should receive any notices submitted to the company under the Terms of Use.
17.2 Assignment: The Terms of Use and any rights granted hereunder cannot be assigned or otherwise transferred to a third party. DAWAIWALA is free to assign its rights under the Terms of Use to any third parties without requesting your permission.
17.3 Severability: If a court of competent jurisdiction determines that any provision of the Terms of Use, or portion thereof, is unenforceable for any reason, that provision shall be enforced to the fullest extent permitted in order to give effect to the parties' intentions as expressed in that provision, and the remainder of the Terms of Use shall remain in full force and effect.
17.4 Waiver: DAWAIWALA's omission to enforce or exercise any term of the Terms of Use or related right shall not be construed as a waiver of such term or related right by DAWAIWALA.
Any comments You make on this website are regarded as non-confidential.Such information may be used by DAWAIWALA without restriction.Additionally, by providing the feedback, You represent and warrant that (i) Your feedback does not contain any confidential or proprietary information of You or of third parties; (ii) DAWAIWALA is not subject to any express or implied obligation of confidentiality with respect to the feedback; (iii) DAWAIWALA may already be taking into consideration or developing something similar to the feedback; and (iv) You are not entitled to any compensation or reimbursement of any kind from DAWAIWALA.
Redress Mechanism: Please notify the designated Grievance Officer as soon as you have any complaints, abuse, or concerns regarding any comments, content, or a violation of these terms in writing or by email signed with your electronic signature to support@dawaiwala.com The designated Grievance Officer's contact information is listed below.
Address our office: DawaiWala.com, G-110, Sita Sadan, P.C. Colony, Kankarbagh, Patna - 800 020
If a message is sent to a non-designated individual in this respect, the firm is not liable for it.
