Terms & Conditions

WEBSITE/PLATFORM TERMS OF USE

Applicability of the agreement: 

This agreement (“user agreement”) incorporates the terms and conditions for Heka Healthy You Pvt. Ltd (hereinafter “Heka Health”) with its registered office at “Galleria Tower, DLF Phase 4, Gurugram, Haryana” to provide services to the person (s) (“the User”) intending to purchase or inquiring for any products and/ or services of Heka Health by using Heka Health’s websites or using any other customer interface channels of Heka Health which includes its salespersons, offices, call centers, advertisements, information campaigns, social media campaigns etc.

If you disagree with these Terms of Use, you are requested not to use or access our website/platforms, continuance of use of the website/platform shall be at your own risk.

1. User’s responsibility of cognizance of this agreement

1. The Users availing services from Heka Health shall be deemed to have read, understood and expressly accepted the terms and conditions of this agreement, which shall govern the desired transaction or provision of such services by Heka Health for all purposes, and shall be binding on the User. 

2. All rights and liabilities of the User and/or Heka Health with respect to any services to be provided by Heka Health shall be restricted to the scope of this agreement.

3. Heka Health reserves the right, in its sole discretion, to terminate the access to the Heka Health website or its other sales channels and the related services or any portion thereof at any time, without notice, for general maintenance or any reason whatsoever.

4. Certain products or services may be provided by contracted third-party suppliers. In addition to this Agreement, there are certain terms of service specific to the services rendered/ products provided by Heka Health like Physiotherapy at Home, Caregiver at Home, Consultation at Home, Lab Tests at Home, Medical Equipment at Home, Elderly Care, Pregnancy Care, Operative Care, Safety Training and General Wellness.

5. Such terms of service will be provided/ updated by Heka Health which shall be deemed to be a part of this Agreement and in the event of a conflict between such terms of service and this Agreement, the terms of this Agreement shall prevail. 

6. The User shall be required to read and accept the relevant terms of service for the service/ product availed by the User.

7. Additionally, the Service Provider itself may provide terms and guidelines that govern particular features, offers or the operating rules and policies applicable to each Service (for example, Physiotherapy at Home, Caregiver at Home, Consultation at Home, Lab Tests at Home, Medical Equipment at Home, Elderly Care, Pregnancy Care, Operative Care, Safety Training and General Wellness).

8. The User shall be responsible for ensuring compliance with the terms and guidelines or operating rules and policies of the Service Provider with whom the User elects to deal, including terms and conditions set forth in a Service Providers’ policies, pricing rules, contract of service or other rules.

9. Heka Health’s Services are offered to the User conditioned on acceptance without modification of all the terms, conditions and notices contained in this Agreement and the terms of service, as may be applicable from time to time. 

10. For the removal of doubts, it is clarified that availing of the Services by the User constitutes an acknowledgment and acceptance by the User of this Agreement and the terms of service. 

11. If the User does not agree with any part of such terms, conditions, and notices, the User must not avail Heka Health’s Services. If you choose to do it, it will be at your own risk.

12. In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any other Heka Health document, then these terms shall prevail.

2. Third party account information

1. By using the Account Access service in Heka Health’s websites and/or Platforms, the User authorizes Heka Health and its agents to access third party sites, including that of Banks and other payment gateways, designated by them or on their behalf for retrieving requested information

2. While registering, the User will choose a password and is responsible for maintaining the confidentiality of the password and the account.

3. The User is fully responsible for all activities that occur while using their password or account. 

4. It is the duty of the User to notify Heka Health immediately in writing of any unauthorized use of their password or account or any other breach of security. 

5. Heka Health will not be liable for any loss that may be incurred by the User as a result of unauthorized use of his password or account, either with or without his knowledge. 

6. The User shall not use anyone else’s password at any time.

3. Fees payment

1. Heka Health reserves the right to charge listing fees for certain listings, as well as transaction fees based on certain completed transactions using the services. 

2. Heka Health further reserves the right to alter any and all fees from time to time, without notice.

3. The User shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of the services.

4. In case, there is a short charging by Heka Health for listing, services or transaction fees or any other fee or service because of any technical or other reason, it reserves the right to deduct/charge/claim the balance subsequent to the transaction at its own discretion.

5. Any increase in the price charged by the Company on account of change in the rate of taxes or imposition of new taxes by Government shall have to be borne by the user/customer.

6. In the rare possibilities of a service not getting confirmed/not delivered for any reason whatsoever, we will process the refund and intimate you of the same, as per the Heka Health Cancellation Policy. 

7. Heka Health is not under any obligation to make another booking in lieu of or to compensate/ replace the unconfirmed one. 

8. All subsequent further bookings will be treated as new transactions with no reference to the earlier unconfirmed reservation.

4. Confidentiality

Any information which is specifically mentioned by Heka Health as Confidential shall be maintained confidentially by the user and shall not be disclosed unless as required by law or to serve the purpose of this agreement and the obligations of both the parties therein.

5. Usage of the mobile number/email ID of the user by Heka Health

1. Heka Health may send information, payment confirmation, refund status, any change or any such other information relevant for the transaction, via SMS or by voice call or via email on the contact number and/or emailID given by the User at the time of booking; 

2. Heka Health may also contact the User by voice call, SMS or email in case the User couldn’t or hasn’t concluded the booking, for any reason whatsoever, to know the preference of the User for concluding the booking and also to help the User for the same. 

3. The User hereby unconditionally consents that such communications via SMS and/ or voice and/or email call by Heka Health is (a) upon the request and authorization of the User, (b) ‘transactional’ and not an ‘unsolicited commercial communication’ as per the guidelines of Telecom Regulation Authority of India (TRAI) and (c) in compliance with the relevant guidelines of TRAI or such other authority in India and abroad. 

4. The User will indemnify Heka Health against all types of losses and damages incurred by Heka Health due to any action taken by TRAI, Access Providers (as per TRAI regulations) or any other authority due to any erroneous complaint raised by the User on Heka Health with respect to the intimations mentioned above or due to a wrong number or email id being provided by the User for any reason whatsoever.

6. The onus of the user

1. Heka Health is responsible only for the transactions that are done by the User through Heka Health. Heka Health will not be responsible for screening, censoring or otherwise controlling transactions, including whether the transaction is legal and valid as per the laws of the land of the User.

2. The User warrants that they will abide by all such additional procedures and guidelines, as modified from time to time, in connection with the use of the services. 

3. The User further warrants that they will comply with all applicable laws and regulations regarding the use of the services with respect to the jurisdiction concerned for each transaction.

4. The User represents and confirms that the User is of legal age to enter into a binding contract and is not a person barred from availing the Services under the laws of India or other applicable law.

7. Force Majeure circumstances

1. The user agrees that there can be exceptional circumstances where the service operators may be unable to honor the confirmed bookings due to various reasons.

2. If Heka Health is informed in advance of such situations where dishonor of bookings may happen, it will make its best efforts to provide a similar alternative to its customers or refund the booking amount after reasonable service charges, if supported and refunded by that respective service operator. 

3. The user agrees that Heka Health being an agent for facilitating the services shall not be responsible for any such circumstances and the customers have to contact that service provider directly for any further resolutions and refunds.

4. The User agrees that in situations due to any technical or other failures in Heka Health, services committed earlier may not be provided or may involve substantial modification. 

5. In such cases, Heka Health shall refund the entire amount received from the customer for availing such services minus the applicable cancellation, refund or other charges, which shall completely discharge any and all liabilities of Heka Health against such non provision of services or deficiencies. Additional liabilities, if any, shall be borne by the User.

6. Heka Health shall not be liable for delays or disabilities in performance or nonperformance in whole or in part of its obligations due to any causes that are not due to its acts or omissions and are beyond its reasonable control, such as acts of God, fire, strikes, embargo, acts of government, acts of terrorism or other similar causes, problems at airlines, rails, buses, hotels or transporters end. In such an event, the user affected will be promptly given notice as the situation permits.

7. Without prejudice to whatever is stated above, the maximum liability on part of Heka Health arising under any circumstances, in respect of any services offered on the site, shall be limited to the refund of total amount received from the customer for availing the services less any cancellation, refund or others charges, as may be applicable. In no case, the liability shall include any loss, damage or additional expense whatsoever beyond the amount charged by Heka Health for its services.

8. In no event shall Heka Health and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Heka Health website(s) or any other channel . 

9. Neither shall Heka Health be responsible for the delay or inability to use the Heka Health websites or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Heka Health website(s), or otherwise arising out of the use of the Heka Health website(s), whether based on contract, tort, negligence, strict liability or otherwise.

10. Heka Health is not responsible for any errors, omissions or representations on any of its pages or on any links or on any of the linked website pages.

8. Severability

If any provision of this agreement is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of this Agreement shall continue to be in full force and effect.

9. Headings

The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of this agreement, terms and conditions, notices, or the right to use this website by the User contained herein or any other section or pages of Heka Health Websites or its partner websites or any provision hereof in any manner whatsoever.

In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular Heka Health website, then these terms shall control.

10. Relationship

None of the provisions of any agreement, terms and conditions, notices, or the right to use this website by the User contained herein or any other section or pages of Heka Health Websites or its partner websites, shall be deemed to constitute a partnership between the User and Heka Health and no party shall have any authority to bind or shall be deemed to be the agent of the other in any way.

11. Updating of the information by Heka Health

1. Users acknowledge that Heka Health provides services with reasonable diligence and care. 

2. User acknowledges that Heka Health endeavors its best to ensure that the User does not face any inconvenience. 

3. However, sometimes, the information, software, products, and services included in or available through the Heka Health websites or other sales channels and ad materials may include inaccuracies or typographical errors which will be corrected as soon as Heka Health notices them. 

4. Changes are/may be periodically made/added to the information provided such. 

5. Heka Health may make improvements and/or changes in the Heka Health websites at any time without any notice to the User. 

6. Any advice received except through an authorized representative of Heka Health via the Heka Health websites should not be relied upon for any decisions.

12. Safety of data downloaded

The User understands and agrees that any material and/or data downloaded or otherwise obtained through the use of the Service 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 and/or data.

Nevertheless, Heka Health will always make its best endeavors to ensure that the content on its websites or other information channels is free of any virus or such other malware’s.

13. Feedback from customer and solicitation:

The User is aware that Heka Health provides various services like Physiotherapy at Home, Caregiver at Home, Consultation at Home, Lab Tests at Home, Medical Equipment at Home, Elderly Care, Pregnancy Care, Operative Care, Safety Training and General Wellness, and would like to learn about them, to enhance their experience. The User hereby specifically authorizes Heka Health to contact the User with offers on various services offered by it through direct mailers, e-mailers, telephone calls, short messaging services (SMS), WhatsApp or any other medium, from time to time. In case that the customer chooses not to be contacted, he/she shall write to Heka Health for specific exclusion at connect@hekahealthyyou.com. The customers are advised to read and understand the Privacy Policy of Heka Health on its website in accordance with which Heka Health contacts, solicits the user or shares the user’s information.

14. Proprietary rights

1. Heka Health may provide the User with contents such as sound, photographs, graphics, video or other material contained in sponsor advertisements or information. 

2. This material may be protected by copyrights, trademarks, or other intellectual property rights and laws.

3. The User may use this material only as expressly authorized by Heka Health and shall not copy, transmit or create derivative works of such material without express authorization.

4. The User acknowledges and agrees that he/she shall not upload, post, reproduce, or distribute any content on or through the Services that is protected by copyright or other proprietary rights of a third party, without obtaining the written permission of the owner of such right.

5. Any copyrighted or other proprietary content distributed with the consent of the owner must contain the appropriate copyright or other proprietary rights notice. 

6. The unauthorized submission or distribution of copyrighted or other proprietary content is illegal and could subject the User to personal liability or criminal prosecution.

15. Personal and non-commercial use limitation

Unless otherwise specified, the Heka Health services are for the User’s personal and non-commercial use. The User may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Heka Health website without the express written approval from Heka Health.

16. Indemnification

The User agrees to indemnify, defend and hold harmless Heka Health, their websites/app/portal and their respective lawful successors and assignors from and against any and all losses, liabilities, claims, damages, costs and expenses (including reasonable legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Heka Health and/or its affiliates, partner websites and their respective lawful successors and assigns that arise out of, result from, or may be payable by virtue of, any breach or nonperformance of any representation, warranty, covenant or agreement made or obligation to be performed by the User pursuant to this agreement.

17. Right to refuse

1. Heka Health at its sole discretion reserves the right to not to accept any customer order without assigning any reason thereof. 

2. Any contract to provide any service by Heka Health is not complete until full money towards the service is received from the customer and accepted by Heka Health

3. Without prejudice to the other remedies available to Heka Health under this agreement, the terms of service or under applicable law, Heka Health may limit the user’s activity, or end the user’s listing, warn other users of the user’s actions, immediately temporarily/indefinitely suspend or terminate the user’s registration, and/or refuse to provide the user with access to the website if:

   1. The user is in breach of this agreement, the terms of service and/or the documents it incorporates by reference:

      1. Heka Health is unable to verify or authenticate any information provided by the user; or

      2. Heka Health believes that the user’s actions may infringe on any third-party rights or breach any applicable law or otherwise result in any liability for the user, other users of the website and/or Heka Health.

4. Heka Health may at any time in its sole discretion reinstate suspended users. Once the user has been indefinitely suspended the user shall not register or attempt to register with Heka Health or use the website in any manner whatsoever until such time that the user is reinstated by Heka Health.

5. Notwithstanding the foregoing, if the user breaches this agreement, the terms of service or the documents it incorporates by reference, Heka Health reserves the right to recover any amounts due and owing by the user to Heka Health and/or the service provider and to take strict legal action as Heka Health deems necessary.

R. Right to cancellation by Heka Health in case of invalid information from the user

1. The User expressly undertakes to provide to Heka Health only correct and valid information while requesting for any services under this agreement, and not to make any misrepresentation of facts at all.

2. Any default on part of the User would vitiate this agreement and shall disentitle the User from availing the services from Heka Health.

3. In case Heka Health discovers or has reasons to believe at any time during or after receiving a request for services from the User that the request for services is either unauthorized or the information provided by the User or any of them is not correct or that any fact has been misrepresented by him, Heka Health in its sole discretion shall have the unrestricted right to take any steps against the User(s), including cancellation of the bookings, etc. without any prior intimation to the User. 

4. In such an event, Heka Health shall not be responsible or liable for any loss or damage that may be caused to the User or any of them as a consequence of such cancellation of booking or services.

5. The User unequivocally indemnifies Heka Health of any such claim or liability and shall not hold Heka Health responsible for any loss or damage arising out of measures taken by Heka Health for safeguarding its own interest and that of its genuine customers. 

6. This would also include Heka Health denying/canceling any bookings on account of suspected fraud transactions.
   
   
   

19. Interpretation

The terms and conditions herein shall apply equally to both the singular and plural form of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine, feminine and neuter form. The words “include”, “includes” and “including” shall be deemed to be followed by the phrase “without limitation”. Unless the context otherwise requires, the terms “herein”, “hereof”, “hereto”, “hereunder” and words of similar import refer to this agreement as a whole.

20. Modification of these terms of use

Heka Health reserves the right to change the terms, conditions, and notices under which the Heka Health websites are offered, including but not limited to the charges. The User is responsible for regularly reviewing these terms and conditions.

21. Jurisdiction

Heka Health hereby expressly disclaims any implied warranties imputed by the laws of any jurisdiction where it is operating its offices. Heka Health considers itself and intends to be subject to the jurisdiction only of the courts of New Delhi, India. The arbitration proceedings shall be in the English language. The Terms and Conditions shall be governed and construed in accordance with the laws of India.

22. Responsibilities of user vis-a-vis the agreement

1. The User expressly agrees that use of the services is at their sole risk. 

2. To the extent Heka Health acts only as an agent on behalf of third-party service providers, it shall not have any liability whatsoever for any aspect of the standards of services provided by the service providers. 

3. In no circumstances shall Heka Health be liable for the services provided by the service provider. 

4. The services are provided on an “as is” and “as available” basis. Heka Health may change the features or functionality of the services at any time, in their sole discretion, without notice. 

5. Heka Health expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and noninfringement. No advice or information, whether oral or written, which the User obtains from Heka Health or through the services shall create any warranty not expressly made herein or in the terms and conditions of the services. 

6. If the User does not agree with any of the terms above, they are advised not to read the material on any of the Heka Health pages or otherwise use any of the contents, pages, information or any other material provided by Heka Health. The sole and exclusive remedy of the User in case of disagreement, in whole or in part, of the user agreement, is to discontinue using the services after notifying Heka Health in writing.

23. Grievance Redressal Policy

Heka Health strongly believes in a sincere and transparent approach to its customers & to ensure that we have a strong grievance redressal mechanism in place. This mechanism ensures that every grievance is handled in a meaningful and effective way & within the stipulated timeline.

How to reach Heka Health for service-related issues (only):

Level 1: We request to reach out to our customer care team at _raghav.kad@hekahealth.in_ or write to us at _support@hekahealth.in_. You will receive a response in 2 working days.

Level 2: If the resolution provided doesn’t meet your expectation then within 3 days, please write to us at _raghav.kad@hekahealth.in_ along with your information. 

Level 3: If you are still not satisfied with the response (after a period of 4 working days from the date of receipt of Level 2 Grievances), please write to: raghav@hekahealth.in

Grievance Officer
Heka Healthy You Pvt. Ltd.
Galleria Tower, DLF Phase 4, Gurugram, Haryana