VHEALTH BY AETNA
Generic Terms and Conditions
2. vHealth helpdesk can be contacted anytime from 8 am till 8 pm on all days, except national holidays. It may be noted that some of the Services may not be available on Sundays. The helpdesk contact number is 1800 103 4466.
3. It is hereby declared that the Company is not a merchant, manufacturer, or provider of medical services, save for its provision of virtual health services. Company makes no express or implied representations or warranties about the description, quality, fitness for any particular purpose, productiveness, or any other matter in relation to Services and disclaims any implied warranties, including, but not limited to, warranties or implied warranties of merchantability or fitness for a particular purpose or use or non-infringement. In addition to this Company also does not authorize anyone to make any warranty on Company’s behalf. Company and the third party provider of any medical services to you, which you access in conjunction with using the Services (“Medical Service Provider”) reserve the right to revise their charges at any time.
4. SERVICES OFFERED BY THE COMPANY ARE NOT HEALTH INSURANCE POLICIES. The Services provides Members with discounted services through Medical Service Providers at certain locations and access to virtual health services. The benefits provided through the Services are not applicable if you claim insurance benefits on the medical services provided.
5. The Medical Service Providers are independent entities / professionals in private practice and are neither employees nor agents of the Company and/or its parents, subsidiaries or affiliates. The Company does not recommend or suggest any particular Medical Service Provider or promote any particular Medical Service Provider's name or practice. Further, the Company does not make any representations or warranties with respect to Medical Service Providers or the quality of the healthcare services they may provide. The Company shall not be responsible for any breach of service or service deficiency by any Medical Service Providers.
6. You shall not deliberately use the Services in any way that is unlawful or harms the Company or Medical Service Providers, Company’s directors, employees, affiliates, distributors, partners, service providers and/or other Members. If the Company suspects any illegal, wrongful or fraudulent activity, then notwithstanding any other rights Company may have, the Company reserves the right to inform the relevant government or law enforcement authorities. The Company will cooperate in all investigative procedures or requests for access / information initiated by any such government or law enforcement authorities.
7. The Company reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in, any component of, or term relating to, the Services or any voucher issued to you by Company and update information from time to time.
8. By using any of the Services, you hereby unconditionally give your consent, subject to the provisions of applicable law, for Company or its representatives to contact you by telephone, SMS or any other mode in relation to the Services as well as for promotion of its services and products; irrespective of the fact that your mobile number may be registered with DND/DNC registry. It is your responsibility to ensure that the contact details provided by you is correct
9. Coupons / voucher /offers / services issued to you by Company as part of the Services SHALL UNDER NO CIRCUMSTANCES BE REDEEMEDABLE FOR CASH AT ANY TIME
10. Any voucher offered by Company may be issued in such manner and form, whether paper, electronic or otherwise, as Company deems fit. The right to utilize the voucher shall vest with an active member, subject to a condition that the voucher is utilized before its expiry date. In exceptional cases, some vouchers/ offers/services may be redeemed by/ made available by customers who are not Members; subject to the sole discretion of Company. In such case, the non Member is deemed to have agreed and accepted the terms and conditions of the Agreement
11. Any advice provided by any Medical Service Provider or the virtual health service shall depend solely on the completeness and accuracy of the information provided by you. Neither Company nor any Medical Service Provider shall be responsible for any damage, whether physical, emotional, psychological or financial, caused to you due to any improper/unintended use of the Services, any coupon issued to you or any of the benefits available there under, which includes but is not limited to the misinterpretation of the advice given by any Medical Service Provider or virtual health service to you
12. The Service offered by Company and Medical Service Provider are provided on “As Is” and “As Available” basis and may be subject to certain limitations Consequently in no event shall Company and/or any Medical Service Provider be liable to you or any third party for any indirect, consequential, exemplary, incidental, special, or punitive damages, including lost business/revenue/profit/goodwill or damages arising from your use or unavailability of the Services and/or any other the services offered to you by Company in any manner whether or not Company has been warned of the possibility of such damages or could have reasonably foreseen such damages. You shall not be entitled to specific performance of any of the Terms. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction and, regardless of the form of the action, will at all times be limited to the aggregate of amount received from you by Company for the Services in the 12 months preceding the cause of action. You specifically agree and understand that neither Company nor any Medical Service Provider is liable to you for any content or illegal conduct of any third party and that you alone accept such risk of harm
13. The views and suggestions expressed by Medical Service Providers in the course of providing the Medical Services shall in no manner be construed as an endorsement by Company. Company shall not be responsible in any manner whatsoever for any act, omission, treatment, diagnosis, advice, view, suggestion or opinion, whether medical or non-medical, professional or non-professional of any Medical Service Provider for any reason whatsoever
14. Company is entitled, without any liability whatsoever, to refuse, limit, suspend, vary or discontinue the provision of any of the Services at any time for any reasonable cause as Company may deem fit.
15. Notwithstanding the aforesaid, the provision of medical services by any Medical Service Provider and any matter relating thereto including but not limited to the manner and the form in which the medical services may be made available to you by any Medical Service Provider may be altered, withdrawn, modified or changed at any point of time. You agree to be bound by any such modifications.
17. MEMBERSHIP TERM: Once the initial membership fee and any enrollment, processing or other fee is paid by you and received by Company, you will become a Member and will be entitled to the Services during from such date until the date of expiry stated on the Company’s membership card which will be sent to you
CANCELLATION : If a member wishes to cancel/terminate his/her membership, he may do so by calling the Company or sending an email within first 14 days of receiving the welcome kit from the Company and the amount paid by the member shall be refunded by the way of electronic transfer or account payee cheque. Post the expiry of the 14 days, from the date of receipt of welcome kit by the Member, no refund shall be made to the Member, in any case whatsoever.
18. RENEWAL OF MEMBERSHIP: Members may be informed by Company about expiry of membership at least one month in advance of their membership card expiry date. It is the responsibility of the member to ensure that Company receives the payment for renewal of membership at least two weeks prior to the membership card expiry date. Company is not responsible and assumes no liability for any suspension or cancellation of your access to the Services in the event your renewal payment is delayed or if Company is unable to process or cash-in your payment cheque. In case of dishonoured cheques, a penalty may be charged. Your access to the Services will be suspended from the expiry date on your current membership card until Company receives full payment for your membership for the next year.
19. RENEWAL CHARGES: The charges for renewal can be confirmed from a month before the expiry date of your membership by calling the helpdesk number. All benefits of the Services will cease upon the expiry of your membership until you successfully renew.
20. LOST CARD: In case of loss of membership card, for any reason whatsoever, Company will issue you with a duplicate membership card at a charge of Rs. 100 /- per card (plus the applicable taxes). The tenure of the membership will remain as specified in the initial membership card, and will also be stated on the replacement card. You will be solely responsible for any activity that is undertaken through your membership until you report your lost card to help desk.
24. INTELLECTUAL PROPERTY: Company respects the intellectual property rights of others, and it expect the same from you. All the content on Company’s website as well as the product/coupon/voucher/package is protected by applicable intellectual property laws. All intellectual property in and to the Company’s website, any software, techniques and processes used in connection with the website, and the product/coupon/voucher/package belongs exclusively to Company or its licensors. Through your use of the website, by no means are any rights impliedly or expressly granted by Company to you in respect of such works. Company and/or its licensors assert all proprietary rights in and to all names and trademarks contained on the website as well as the product/coupon/voucher/package. Notwithstanding the generality of the foregoing, the name, “Indian Health Organisation”, “vHealth”, “vHealth by Aetna” and “Aetna” are the trademark and copyright (or any other intellectual property right) of the Company and/or its Parent Entity. Any use of these 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 Company and may be actionable under the applicable laws. When you use the Company’s website in accordance with this Agreement, a limited royalty-free right is granted to you by Company for personal and non-commercial use in India for the time that you are Member. 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. You hereby agree not to reproduce, modify, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the Company, in whole or in part, by any means. You must not remove or modify any copyright or trademark notice, or other notice of ownership on Company’s website as well as the product/coupon/voucher/package.
25. REPRESENTATIONS AND WARRANTIES: You hereby represent and warrant that
a) You are 18 years of age or older and that your use of the Services shall not violate any applicable law or regulation; In case a minor person (i.e. individual less than 18 years of age) obtains Services as part of your Membership, then You will
b) All information you submit is complete and accurate and that you agree to maintain the completeness and accuracy of such information;
c) You will use the Services solely for your personal and non-commercial use; and
d) You will not use the Services in any way that is unlawful, or harms any person or entity.
26. 27. INDEMNIFICATION: You hereby indemnify, defend, and hold Company, Company’s distributors, agents, service providers, partners, representatives and other Members, and each 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 Services (ii) your breach of provisions of this Agreement and (iii) any negligent or intentional wrongdoing or omission on your part.
27. TERMINATION: Company reserves the right, in the event it finds out in its sole discretion that you breached the Agreement, to suspend and / or terminate your access to and use of Services with or without notice to you. Any suspected illegal, fraudulent or abusive activity may be grounds for suspending and / or terminating your access to and use of Services. Upon suspension or termination, your right to use the features on the Company’s website as well as to utilize the product/coupon/voucher/package shall immediately cease. Company shall not be liable to you or any third party for any refund of the membership fees or claims or damages arising out of any suspension or termination of your access to and use of Services or any other actions taken by Company in connection with such suspension or termination.
28. GOVERNING LAW AND DISPUTE RESOLUTION: Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this Agreement to arbitrate, or to the Services, shall be determined by arbitration in India, before a single arbitrator. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The venue of such arbitration shall be New Delhi, 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. However, 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.
29. GENERAL PROVSIONS:
a. 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.
b. Notices. All notices and other communications required or permitted here under shall be in writing, in the English language, and shall be sent by e-mail or 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 the Company:
i. at Company’s service email id i.e. email@example.com;
ii. by sending physical mails at 213-B, Okhla Industrial Estate, Phase-III, Delhi-110020
If to you:
i. at the email address provided by you to us when you registered as a Member or as updated from time to time by notifying the Company.
c. 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.
d. 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.
e. Force Majeure. Company shall not be liable for any deficiency or delay in Service caused by circumstances beyond Company’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.
31. Company does not endorse or influence control over any particular branch of medicine, theory, opinion, viewpoint or position on any topic
32. You understand and agree that any interactions and associated issues with the healthcare practitioners over an audio-visual medium, such as in the case of Company’s virtual health services, has inherent limitations as compared to physical consultation such as: without limitation:
a) In some instances the information transmitted may be of insufficient quality to allow for appropriate medical or health care decision making by the health care practitioner (i.e., poor resolution images, etc.) ;
b) There may be delays in evaluation or treatment could occur due to failure of the electronic equipment;
c) In some instances a lack of access to all of your medical records may result in adverse drug reactions or allergic reactions or other judgment errors;
d) The health care practitioner may, in his or her sole discretion and professional judgment, determine that telemedicine services are not appropriate for some or all of your treatment needs and, accordingly, may elect not to provide telemedicine services to you through Company’s virtual health service.
If you decide to use Company’s virtual health service, you do so in full awareness of such limitations.
33. Company has undertaken basic due diligence at the time of engaging a healthcare practitioner for its virtual health service such as checking his/her medical council registration. Company does not warrant that the healthcare practitioners engaged for the purpose of providing virtual health services shall be possessed of any particular skill or qualification other than what is expressly communicated to you by the Company.
34. You hereby agree that you shall strictly adhere to the advise and instruction received by you under the virtual health services.
35. You shall inform, or arrange to inform, help desk as soon as possible if a medical emergency develops or in the unfortunate event of death.
36. You agree that Company may record, save and store all tele-consultations / instant messaging chat consultations / text messages / audios / videos / transcripts / prescriptions / email and hard copy correspondences with you for record purposes and produce these as evidence if required before or directed by a court of law.
38. Before using virtual health services, you agree that you are aware and understand that:
a) Virtual health services are not intended to replace existing primary physician relationship.
b) Medical services rendered by health care practitioners under virtual health service are subject solely to their professional judgment.
c) There is no guarantee that a prescription will be given to you. The health care practitioner may prescribe medications when medically indicated in their sole professional judgment.
d) No Schedule X drugs (i.e. psychotropic and other mind altering drugs) shall not be prescribed to you because of their potential for abuse.
e) Use of Company’s virtual health service is not for emergencies. You will not use Company’s virtual health services for medical emergencies except when no other alternative is available. Company hereby clarifies that its virtual health services is not intended to support medical emergency cases.
39. COMPANY DISCLAIMS ANY REPRESENTATION AND/OR WARRANTY AND/OR LIABILITY FOR (I) THE SECURITY, RELIABILITY, QUALITY, TIMELINESS, AND PERFORMANCE OF THE VIRTUAL HEALTH SERVICES (II) ACCURACY OR COMPLETENESS OF THE PROFESSIONAL OPINION OF HEALTHCARE PRACTITIONERS WHO INTERACT WITH MEMBERS AS PART OF VIRTUAL HEALTH SERVICES (III) TIMELY TRANSMISSIONS OF DATA.
40. COMPANY EXPRESSLY DISCLAIMS ANY LIABLITY ARISING OUT OF ANY PRE-EXISTING MEDICAL CONDITION, ANY ADVERSE DRUG REACTION, MEDICAL PROCEDURE RELATED CONDITION THAT IS NOT CONNECTED TO COMPANY, NEGLIGENCE OR MISCONDUCT OF HEALTHCARE PRACTITIONER ENGAGED BY COMPANY FOR VIRTUAL HEALTH SERVICES.
40. For availing certain health check facilities you need to comply with certain conditions as directed
41. Payment to the concerned lab shall be made directly by you at the time of availing the concerned health check profile (s), unless otherwise agreed upon between you and the concerned lab. It is pertinent to note that the MRP of the test under different profiles may differ from laboratories to laboratories, and accordingly, the savings on each profile may differ depending on the MRP of each profile. Company shall have the right to revise the prices of the profiles set out in the Membership without giving any prior notice for the same.
42. Once the appointment is confirmed, you are required to undergo all the tests mentioned in the selected profile at the desired laboratory. You are further requested to hand over the profile leaf at the desired laboratory before availing of the Medical Services. Each profile test shall be done in accordance with the test defined on profile voucher as A or B. The responsibility of collecting the test reports shall be on you pursuant to the redemption of voucher, and the same shall be collected from the concerned laboratory, where the test was conducted.
43. It is hereby clarified that the confirmation for the appointment for availing of the Medical Services or home collection facility is subject to the availability and time of the Medical Service Provider. In the event of non-availability of home collection facility for a given package is not available in your city/ location; you may be required to visit the laboratories nearest to your location as per the address provided by helpdesk. You shall not be entitled to any concession on the fees pertaining to the Medical Services in case the home collection facility (for the purpose of receiving such Medical Services) is availed by you. You shall be required to pay any amount ranging from Rs. 50/- (Rupees fifty only) to Rs. 200/- (Rupees two hundred only) to the referred lab/lab technician depending on the distance of the laboratory from the collection area.
The Healthcare@home services shall enable you to avail certain healthcare related services from any specialist pursuant to their visit to your house depending upon your requirements and/or medical diagnosis as well as the type of the medical services being provided by the Service Provider, subject to the specialist’s availability (hereinafter collectively referred to as “Services”).
44. Nursing pricing shall be based on the gravity of the case/ illness. The grade of illness can range from Grade 1 to Grade 4, depending upon the level of severity.
45. To avail of the Company’s Healthcare@home services, you shall be required to contact Company by calling the relevant help-desk number (“Helpdesk”) between 8 am and 8 pm on all days, except national holidays. It may be noted that some of the Services may not be available on Sundays.
46. You hereby agree that the payment shall be made through debit card/ credit card to the Service Provider, and the same shall be credited into the bank account designated by the Service Provider before availing the services.
47. Once the request for the appointment is generated by you, Company’s representative shall call you to confirm the appointment within 24 (twenty four) [working] hours from the receipt of the request for such appointment with the concerned Specialist. Once the appointment is confirmed, the Specialist shall visit at the address provided by you to Company’s representative while fixing the said appointment.
48. Any of the offers for availing of the Services cannot be clubbed with any existing offers and schemes or with any other offers or schemes provided by the Company, at any given point of time. It is hereby clarified that the confirmation for the appointment for availing the Services shall at all times be subject to the availability of the Specialist(s).
49. Interest rate/ processing fee charged by the credit card holder’s credit card issuing bank is to be borne by the credit card holder only.
50. All applicable interest/processing fee charges are levied by the credit card’s transactional bank, Company has no accountability whatsoever, on the levied charges.
51. In case of cancellation, Company’s cancellation policy will be applicable, and in case of approval of cancellation, Company shall only refund the vHealth Company product’s standard amount & shall not be responsible for reversing or refunding any interest /processing fee charged by the credit card holder’s credit card issuing bank.
52. The EMI amounts displayed is of tentative nature in lieu of approximate calculation. The actual EMI amount as per selected tenure might vary as per interest charged by the credit card issuing bank(s), & Company shall not bear any and all accountability for any such change in interest / processing fees charged by the credit card issuing bank for any transaction done for purchase of Company’s product(s).
· Terms & Conditions: Health month campaign
1. By participating in this Contest, You agree to be legally bound by and abide by the below stated terms & conditions (T&C). You confirm and acknowledge that you have read, understood and agreed to conform to these Terms and Conditions. If you do not agree to these terms & conditions, please do not participate in this Contest. Indian Health Organisation Pvt. Ltd., (hereinafter referred to as ‘IHO’ which term shall include Indian Health Organisation Pvt. Ltd. and its permitted assigns reserves the right to amend, modify, change, add or terminate these terms and conditions or discontinue this Contest without any further notice.
2. This contest is valid from 17th January, 2019 at 00:00:00 hours till 31st March, 2019 at 23:59:59 hours (both days included), hereinafter referred to as “Contest Period”. This Contest shall not be applicable for the participants of the states where any such activity is expressly prohibited by Law, as applicable.
3. This offer is exclusively for active and valid IHO Members.
4. This offer is valid ONLY FOR downloading the vHealth mobile application or booking doctor consultation through vHealth mobile application.
5. IHO shall in no case whatsoever be liable to any IHO Member not being able to avail the offer due to any circumstances whatsoever.
6. 2 lucky winners (collectively “lucky winners”) will be announced by 10th April, 2019. The winners will win 2 Mobile Phones worth up to INR 12,000 (Rupees Twelve Thousand Only), each (hereinafter referred to as “Prize/Gratification”).
7. Once the lucky winners are announced, KYC process will need to be completed by such lucky winners
8. IHO reserves the right to disqualify any IHO Member and/or registration from participation in this offer.
9. Winner shall be announced by IHO in its sole discretion.
10. IHO shall have the sole discretion to exclude any IHO Member from participating in the Offer without any obligation to furnish any notice and/or reason
11. The quality and make of the Prize to be given to the lucky winners shall be at the sole discretion of the IHO.
12. The prize/gift is not transferable, exchangeable for cash or any other items.
13. By participating in the Offer, the IHO Member is deemed to have accepted and agreed to be bound by these Terms and Conditions and any other instructions, terms and conditions that IHO may issue from time to time.
14. IHO shall also make two(2) attempts within 48 working hours after completion of announcement period to contact the winner on their registered Mobile Number (as per IHO’s records) to inform about the gratification and further process of claiming the gratification.
15. The gratification will be forfeited and the winner agrees to surrender the gratification if:
a. The winner does not get contacted within 48 working hours
b. The winner does not claim the gratification and/or fails to submit all necessary documents within 7 (Seven) working days of being contacted by the IHO.
16. Post selection of winner(s), the results will be published on mentioned on IHO’s website.
17. The participation in the Contest is open only for the Contest Period and the Contest is open to all Indian citizens of 18 years of age or above. Further, to participate in contest the participant needs to be a valid IHO members.
18. The residents of the state of Tamil Nadu (as per Tamil Nadu Prize Scheme (Prohibition) Act 1979) and wherever else prohibited by Law, shall not be entitled to participate in this contest as applicable.
19. Employees of IHO (including their family members) and of their group companies, affiliate or associate companies, shall not be eligible for any of the gratifications under this Contest. In case it comes to the knowledge of IHO that any winner is an employee of IHO or their family member, IHO reserves the right to forfeit the gratification.
20. In addition terms and conditions mentioned at https://iho.in/terms shall apply.
21. By participating in this Contest, participants have given us the right to use your name and photograph and for the purpose of this Contest including announcing your name as eligible participant on social media, IHO platform, or in public domain.
22. By participating in the Contest, participants consent to the following information available on IHO platform and their concerned vendors and/or published or otherwise communicated to in any media that IHO may deem fit, for the purpose of winner’s announcement: name, mobile phone number, score and/or photograph. IHO may, at their discretion, choose not to disclose the identity of the selected winner(s) to other participants unless expressly mentioned herein. The participants also consent to the information being shared by IHO with its affiliates and service providers and to the information being processed and stored in the servers of IHO or its service providers, inside or outside India.
23. Participants acknowledge and agree that all copyright and trademarks and all other intellectual property rights in the SMS content, WAP/APP, Website and all material or content related to the Contest shall remain, at all times, owned by IHO. All material and content contained is made available for participant’s personal and non-commercial use only. Any other use of the material/ content on the platform and/ or any information disseminated by SMS or any other means of communication is strictly prohibited.
24. Subject to any applicable law (a) All warranties of any kind whatsoever, whether express or implied, are hereby expressly DISCLAIMED including, but not limited to, meeting of the participant's requirements or aspirations, timeliness, security, the results or reliability of the Contest, delay in sending or receiving the SMS for participating in the Contest, delay in time taken or recorded for answering a question under the tie- breaker process, or the delivery, quality, quantity, merchantability, fitness for use or non-infringement in respect of any goods, services, benefits or awards acquired or obtained through the Contest or any transactions effected through the Contest; (b) The participant expressly agree that his/her participation in the Contest is at his/her sole risk and is governed by the T&C herein; and (c) No advice or information whether by representations, oral, written or pictorial derived from the platforms including but not limited to websites/ SMS, shall be construed to mean the giving of any warranty of any kind.
25. The gratification(s) under this Contest are neither assignable nor transferable under any circumstance, unless specifically provided hereunder. All the gratifications shall be subject to such other T&C as may be applicable to specific gratification and shall have to be duly complied with by the winner(s).
26. The gratification(s) to the winner(s) shall be given subject to compliance with all applicable statutory legislations, processes and formalities in connection with the gratification(s) and on production of all such documents/papers as may be required by IHO before accepting the delivery of the gratification. Any failure on the part of the winner(s) to comply with directions issued by IHO for claim of gratification shall entitle IHO to forfeit the gratification(s) or roll the gratification over to the next eligible winner(s), at their sole discretion.
27. Any participant providing any incorrect information or concealing/withholding any information from IHO with intent to participate and/or be chosen as the winner(s) of the Contest will automatically be disqualified from participating in it and being chosen as the winner(s) of the different categories of gratification. Such act of providing incorrect information or concealing/withholding any information, including without limitation incorrect declaration of information relating to name, age, identity, address, mobile connection of Operator number, domicile etc, by the participant or dispute with the platform, shall entitle IHO to disqualify him/her without any further intimation.
28. The participants shall indemnify and keep indemnified IHO and their officers, directors, employees, customers, affiliates and agents harmless from and against any and all claims, losses, suits, proceedings, action, liabilities, damages, expenses and costs (including attorney’s fees and court costs) which IHO may incur, pay or become responsible as facilitator as a result of breach or alleged breach of the representations or obligations of the Participants under the T&C hereunder, any failure by the participants to comply with applicable law and any third party claim in respect of misuse of any information of a third party. IHO shall have the right to defend themselves, pursuant to this Clause, at the cost of the participants. IHO or their respective affiliates shall not be responsible for any direct, indirect, incidental, special, punitive or consequential damages, including loss of profits, incurred by the winner(s) or any third party, in connection with the Contest. It is expressly provided that transaction shall be between Participant & IHO only.
29. All incidental costs, taxes or levies related to the gratification(s), if any, shall be exclusively borne by the winner(s), including but not limited to TDS, gift tax (if any), Insurance and any other taxes applicable by the Central, State or Municipal government. The participant/s who have won the gratifications have to make their own arrangements for travel, accommodation to claim the gratification (if applicable); IHO shall not be responsible for the same or any cost of travel and accommodation incurred by any of them.
30. The participants and Winner(s) hereby irrevocably authorize IHO and its owners, affiliates, subsidiaries, associates to use the data gathered during and/or after the Contest in respect of the Participant (including but not limited to name and photograph) in any of its communications including marketing promotions and advertisements. By participating in the contest, participant/s confirms to waive the applicability of rules and regulations of the National Do Not Call Registry and agrees to receive updates and promotional messages / SMS / Email / Call for current and future contests from IHO.
31. This Contest is subject to force majeure circumstances including without limitation, floods, natural disasters, war, act of terror, political unrests, technical snags, act of God, change of laws or any circumstance beyond the reasonable control of IHO (“Force Majeure Event”). IHO shall not be liable for any delay or adverse effect caused to this Contest there under as a result of a Force Majeure Event. IHO shall intimate the suspension of Contest caused as a result of such Force Majeure Event to the participants within reasonable time.
32. This Contest is subject to guidelines/ directions issued by any applicable competent authority (Government or otherwise) from time to time.
33. IHO shall not be responsible for any claims arising out of technical failures before, during the Contest or after the completion including but not limited to any technical failures in the mobile connectivity, delay in sending or receiving the SMS for participating in the Contest, any action that has been initiated, actioned or completed through his/her mobile phones, failure of servers or the failure to provide the correct score updates or any failures arising out of technical snags or resultant inability of the participant.
34. IHO reserves the right to extend, cancel, discontinue, prematurely withdraw, change, alter or modify this Contest or any part thereof including the eligibility criteria, the T&C and gratification at their sole discretion at any time during its validity as may be required including in view of business exigencies and/or changes by a regulatory authority and/or statutory changes and/or any reasons beyond their control and the same shall be binding on the participant.
35. Failure by IHO to enforce any of their rights at any stage does not constitute a waiver of those rights. Further, IHO may assign any of its rights within the Contest to any party without prior intimation to participants.
36. IHO does not make any commitment, express or implied to respond to any feedback, suggestion and/or queries of the participants.
37. IHO shall also not be liable for any defect in the Prize so offered to the Winner under this Contest (as applicable). The winner further understands that the goods provided as prize will carry manufacturer’s guarantee and in case of any deficiency in the goods, participant will contact the manufacturer only (as applicable).
38. The Prize is subject to availability and same can be replaced in form of the 70% equivalent amount of winning prize in form of Cash vide Cheque / Demand Draft only at sole discretion of IHO.
39. The winners understand and agree that IHO, its owners and affiliates, shall not be liable for any loss or damage whatsoever that may be suffered, or for any personal loss or injury that may be suffered (including loss of life), to a Winner and/or any third party, directly or indirectly, by use or non-use of the Prize.
40. Apart from the entitlement to the Prize, the winners or their legal heirs/ successors/ representative will have no other rights or claims against IHO, its owners and affiliates. Maximum aggregate liability of IHO shall not exceed value of the concerned prize in case of any dispute, in pursuance to the terms and conditions herein.
41. The winner(s) understand and agree that acceptance of the Prize by them, constitutes grant of permission to the facilitators to click photographs of the winner and use the winner’s names, photograph, preferences (likes and dislikes), voice and comments for advertising and promotional purposes in any media worldwide, only for the purposes of advertising and trade without any additional compensation whatsoever to the winners. The participant/winner hereby provides his/ her irrevocable consent for sharing /submission of his/her personal information to IHO, and subsequent use by IHO of such information for lawful purposes as per its discretion.
42. Post winner(s) declaration and completion of their announcement and further process as the case may be if IHO finds that the declared winner(s) are wrong then IHO reserves the right to declare the correct winner(s) again and cancel the gratification of winner(s) declared earlier.
43. Any dispute arising out of this offer and terms & conditions of this Contest shall first be attempted to be resolved amicably through negotiations. In the event, amicable settlement fails, the dispute shall be referred to Mediation. The venue of Mediation shall be at Delhi.
44. These Terms and Conditions are subject to Indian law and the exclusive jurisdiction of the Courts in New Delhi.