Terms & Condition

Accepting The Terms

The following is the Privacy Policy & Terms of Usage, read together with the Privacy Policy, that govern your purchase and use of the products and services (the “Products”) from GENA HEALTHX , and constitute a legally binding agreement, between you (“the Customer”, the “User” or “the Caregiver”) and GENA HEALTHX.

In terms of Information Technology Act, 2000, this document is an electronic record. Being generated by a computer system it does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for using our services.

The Website of GENA HEALTHX  (hereinafter referred to as ‘Website’) belongs to Gena HealthX Pvt. Ltd. having Address a and its Corporate Office at GOPALAPATNAM Vishakhapatnam, Andhra Pradesh, 530027 (hereinafter referred to as ‘Company/if any’) and its Brand- GENA HEALTHX.

For the purpose of these Terms of Service, wherever the context so requires the term ‘You’/ ‘User’ shall mean any natural or legal person who taking the advantage of our services and provided Registration Data while registering on the Website/App. Any services provided by  GENA HEALTHX, which do not require registration do not absolve you of the contractual relationship established by this Agreement.

By registering for our website, you are bound by these Terms of Service and any other binding document as decided by the Company. You are requested to read them carefully before accepting the same and moving forward to using the website.

By visiting, viewing, accessing or otherwise using any of the services or information created, collected, compiled or submitted to the website, you are deemed to have agreed to all the following Terms of Usage of Sale/Service. So, before you register for the website, please read these Terms carefully as you agree to be bound by them.

CREATING AN ACCOUNT

• To use certain features of  website (e.g., ordering Products, posting rating/reviews, receiving our e-newsletters), you shall set up an account with the website and provide certain information about yourself as prompted by the Customer Information form, including, your name, age, mobile number, full postal Address, height, weight, weight.
•  All of your registration information is protected by our Privacy Policy.

• You represent and warrant that the information you submit during registration is truthful and accurate and that you will maintain the accuracy of such information.

• Your GENA HEALTHX  username and password are personal to you. You may not transfer your account and you will be responsible for the activities associated with your GENA HEALTHX  Account.
• GENA HEALTHX  will not be liable for any loss or damages as a result of your failure to maintain the confidentiality of your account credentials. If you suspect any unauthorised use of your GENA HEALTHX  account, you shall immediately notify the same to the email ID contact@genahealthx.com

• It is your responsibility to keep your email address up-to-date on your account setup at the website, so that we can communicate with you electronically.

• By creating this account you agree to receive communications from us via email, telephone, SMS and chat. If you, at any time, wish to discontinue receiving communications from us, you agree to notify us by email.

2. COMMUNICATIONS

• By using registering for our services, it is deemed that you have consented for receiving calls, auto-dialled and/or pre-recorded messages or calls, from us at any time with the use of the telephone number that has been provided by you for the use of this App, subject to the Privacy Policy. This includes contacting you through information received through other parties as well as contacting other parties through the information you provide to us. The use of this Website you also consent to receive SMS from us at any time we deem fit. This consent to be contacted is for purposes that include and are not limited to clarification calls and marketing and promotional calls. In case you wish to stop the contact with us for the same, you may send us a mail to the effect at  contact@genahealthx.com

• You may also be contacted by Service Providers with whom we have entered into a contract in furtherance of our rights, duties and obligations under other agreements, contracts and policies followed by us. Such contact will be made only in pursuance of the respective contracts, agreements and/or policies.

• The sharing of the information provided by you will be governed by the Privacy Policy. We will not give out your contact information to third parties not connected with the website and the services offered by it, and/or for any purpose not in furtherance of the activities and aims of the Company. Please refer to the Privacy Policy for more information.

3. SECURITY POLICY

• All your transactions are secure through this website.

4. CUSTOMER MEMBERSHIP / USAGE / ELIGIBILITY 

• The membership for our services is restricted to those above 18 years of age, or to such group that can be termed to have attained ‘majority’ under the laws of the respective jurisdictions where our website can be seen and is accessible or to emancipated minors, who possess legal parental or guardian consent, or are in a position so as to be fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.

• Membership cannot be availed of by those who are deemed Incompetent to Contract under the Indian Contract Act, 1872 subject to the aforementioned conditions.

• Further, you are solely responsible for protecting the confidentiality of your username and password and any activity under the account will be deemed to have been done by you. In the case that you provide us with false and inaccurate details or the Company has reasonable reasons to believe you have done so, we hold the rights to suspend your account and/or terminate this Agreement without any notice and without being held liable for the same.

• You understand the website downloaded to your phone or tablet is owned by us and we may automatically upgrade the website and these Terms shall apply to the upgrades as well. We reserve the right to terminate this agreement without any notice and suspend the account without assigning any reason.

5. PRICE AND PAYMENT

• The installation and use of the website is free of cost and this includes only the usage of certain services of the website. You hereby understand that this no charge policy maybe amended at any time at the discretion of the Company while availing any of the payment methods available on the website, We will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to –

• Lack of authorization for any transaction(s), or
• Exceeding the pre-set limit mutually agreed by you and between ‘Bank(s)’, or
• Any payment issues arising out of the transaction, or
• Decline of transaction for any other reason(s).

• All payments made against the services on the website by you shall be compulsorily in Indian Rupees. The website will not facilitate transaction with respect to any other form of currency with respect to the purchases made on the website.

• All our product prices include all applicable statutory taxes.

• We make every effort to make sure that the pricing and availability of Products on the website is accurate and up to date. However, rarely, there may be an error on the pricing of a product or an error related to product availability. In such cases, we are not responsible for any typographical errors and we reserve the right to cancel the sale.

• We reserve the right to correct any inaccuracies or omissions related to pricing and product availability / descriptions, even after you have submitted your order, and to change or update any other information at any time without prior notice.

• You can make the payment via any one of the methods as – Credit / Debit Card, Net Banking.

• Credit / Debit Card and Net Banking Payments are processed via our online payment service partners.

6. USE OF INFORMATION ON the website

• The information on the website is not a substitute for professional medical advice or treatment for specific medical conditions. It is important that you do not make medical decisions, and you should always seek the advice from qualified healthcare professional with any questions you may have about your medical condition.

• The website does not endorse any views or opinions that may be included in the website Content, or other information provided through our Services. Your submission of questions or reviews on our Products does not constitute a professional relationship between you and the website.

7. THIRD PARTY INFORMATION

• The content on  the website, which may include all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, design documents, and artwork is our content (hereinafter referred to as ‘Content’). The website may contain links to / content of third party Websites that are not associated with us. We have no control over any third party user generated content as we are merely an intermediary for the purposes of the content. In the event, if any of the Third Party Content infringes any Intellectual Property of any person, the Third Party shall be solely responsible for any loss caused and we shall not be liable. You may send as an email at contact@genahealthx.com to report any such content.

• Other than that when expressly allowed, any use of our Content and it being reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server or other medium for publication or distribution or for any commercial enterprise, without our express prior written consent is not allowed.

8. USER CONTENT

• The content that you upload or post will become our property and you grant us the worldwide, perpetual and transferable rights in such Content. In case any content is considered to be unlawful or against the law within any jurisdiction in which the website can be seen and accessed, it shall be removed forthwith by us on being intimated by the authorities of the respective jurisdiction that such content is deemed unlawful. We cannot be held liable or questioned for the same.

9. USER OBLIGATIONS

• You are bound not to cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate post, publish or create derivative works from, transfer, or sell any information or software obtained from the website. With our prior permission limited use may be allowed. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the website is not permitted. You shall not, nor allow third parties on your behalf to (i) make and distribute copies of the website (ii) attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the website or (iii) create derivative works of the website of any kind whatsoever.

• You agree not to access (or attempt to access) the website and/or the materials or Services by any means other than through the interface that is provided by the website. We have no obligation, to monitor the material posted on the website. We shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Service. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON the website.

10. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

• All information and services included on or otherwise made available to you through this website are provided by the website with GENA HEALTHX, either expressed or implied, we specifically disclaim warranties of any kind to the extent allowed by the applicable law. You expressly agree that your use of the website is at your sole risk.

• The website assumes no responsibility for any damages or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing in this site.

• The website has exerted reasonable efforts to ensure that all information published on the website is accurate at the time of posting; however, there may be errors in such information for which we shall have no liability. We reserve the right to remove or alter any of the information contained on the website at our sole discretion.

• We may let you view our information and communicate with us through the Social Media services such as Face book and Twitter. The website explicitly disclaims any responsibility for the terms of use and privacy policies that govern these third-party Websites, which are in no way associated with us.

• The website accepts no responsibility for any loss or damage suffered due to your reliance on the product reviews posted by the website Users.

• The website reserves the right to modify or withdraw any part of the website or any of its content at any time without notice.

11. WEBSITE AVAILABILITY

• We take all reasonable care to ensure the availability of the website 24 hours every day, 365 days per year. However, the website may become temporarily unavailable due to maintenance, server or other technical issues, or for reasons beyond our control. the website does not warrant uninterrupted access to this to our services. However, we may, but shall not be obliged to, issue a notice when we know of scheduled maintenance of the website.

12. LINKS TO THIRD-PARTY WEBSITES/PLATFORMS

• We provide link to third-party Websites, our online payment service partners, which process your Net Banking and Credit / Debit Card payments, respectively. We are not responsible for the availability or proper functioning of such linked pages or sites, and we will not be held responsible for any loss or inconvenience encountered as a result of using such Website link.
• By submitting our webform, you agree to receive promotional calls on the number shared, and such calls and SMS would be coming from a third-party platform.

13. TERMS OF SALE

• The website may accept or decline any order placed by a Customer in its absolute discretion without liability to you.

• The website reserves the right to discontinue any program or offer on the website.

• We acknowledge and you agree that you have fully and accurately disclosed your personal information and personal health information and consent to its use by the website and/or its affiliates. You confirm that you have had a physical examination by a physician and do not require a physical examination.

• You understand that all Services shall be rendered & dispensed by the authorised GENA HEALTHX clinics at the website and/or its affiliates.

• If you are a patient / parent / authorised person on behalf of a patient, you authorise and appoint the website and/or its affiliates, as your attorney and agent, to take all steps, sign all documents and to act on your behalf as if you were personally present and acting for yourself for the limited purposes of (a) obtaining a valid prescription for any prescription which you have sent the; and (b) packaging your prescriptions and delivering them to you. By making this purchase you hereby authorise GENA HEALTHX  and/or its affiliates to ship the order by Post/courier to your designated location. This authorisation shall include, but not be limited to: collecting and using your personal and personal health information as reasonably necessary for the fulfilment of your order. “YOU HAVE READ AND UNDERSTAND THESE TERMS AND AGREE THAT THEY SHALL BE BINDING UPON YOU AND YOUR ASSIGNS, HEIRS AND PERSONAL REPRESENTATIVES.”

• If you are the parent / legal guardian / authorised person for the patient disclosed herein, you affirm that you are over the age of majority, and have full authority to sign for and provide the above representations to the website and/or its affiliates on the Patient’s behalf.

           14.CANCELLATION, RETURN AND REFUND POLICY

• Refund Policy: At the website, we do our best to ensure that you are completely satisfied with our products and services. And we are happy to issue a full refund based on the conditions listed below –

• You received a defective item;
• the ordered item(s) is lost or damaged during transit;
• the ordered item(s) is past its expiry date;

• Please note: Mode of refund may vary depending on circumstances. If the mode of refund is by Credit/Debit Card or Net Banking, please allow 7 to 10 working days for the credit to appear in your account. While we regret any inconvenience caused by this time frame, it is the bank’s policy that delays the refund timing and we have no control over that.

• We won’t do any Cash Refund in any Circumstances.

• Return Policy: We do our best to ensure that the products you order are delivered according to your specifications. However, should you receive an incomplete order, damaged or incorrect product(s), please notify GENA HEALTHX Customer Support immediately or within 2 working days of receiving the products, to ensure prompt resolution. Please note that the website will not accept liability for such delivery issues if you fail to notify us within 2 working days of receipt of service.

Refund Policy eligibility:

Service Failures: If there have been service failures on the part of Gena HealthX that have impacted the quality or availability of the nutrition plans you have subscribed to.

Valid Concerns: If you have a valid concern related to Gena HealthX nutrition plans that has been reported to our team and requires resolution.

Please note that refund eligibility will be determined on a case-by-case basis, and the decision to issue a refund will be at the sole discretion of Gena HealthX. We may request additional information or evidence to verify the claim before processing any refunds.

As per the terms and conditions of your subscription with Gena HealthX, you may cancel your Member Account within the specified timelines from the date of subscription to the Gena HealthX Plan, depending on the plan duration. If you choose to cancel your Member Account or if it is suspended or terminated by Gena HealthX within the said period, any license or subscription fees paid by you will be refunded to you. It is important to review and understand the terms and conditions of your subscription agreement with Gena HealthX to ensure compliance with their refund policies.

In case of cancellation within, a cancellation fee may be deducted from the refund amount to cover administrative and processing costs.

Refund Eligibility:

• All short-term Subscription Plans: Eligible for a refund within the first 7 days of your subscription.
• Subscription 1-year Plan: Eligible for a refund within the first 30 days of your subscription.
• Refund Request Deadline: No refund requests will be accepted after the deadline mentioned above.

Deadlines for Availing Services:

Both for genetic testing and subscription plans

• Refunds, if applicable, will be processed using the original payment method used during the initial purchase.
• Refunds, if processed, may take a certain amount of time to be credited back to the original payment method, depending on the policies of the financial institution or payment gateway involved.
• Any disputes or issues regarding refunds or cancellations will be handled on a case-by-case basis and the decision of the company shall be final.
• Final decision regarding refund and cancellation will be of the company in any case.
• Disclaimer: Please note that GenaHealthx has the right to refuse a refund or service to any individual who has exhibited unprofessional behaviour during their association with us.
• To request a refund, the client must send an email to contact@genahealthx.com.

Refund policies for genetic tests

• For genetic tests no refund requests will be entertained in any manner whatsoever and no refunds will be initiated therefor.
• Cancellation of the genetic test can be processed only within 24 hours of the payment.
• Once 24 hours have passed since payment, cancellation requests will not be accepted and refunds will not be issued.
• In case of cancellation within 24 hours of payment, a cancellation fee may be deducted from the refund amount to cover administrative and processing costs.

CANCELLATION:

• the website shall be only an intermediary connecting the User with the Doctor/registered medical practitioners of the service booked. Once the appointment has been made and a confirmation has been given to the User, the Company shall inform the Doctor/registered medical practitioners who shall render the consult at the agreed time, location and mode provided at the time of booking the service.

• Once an appointment has made and it is confirmed at our end, no amount shall be refunded, in the event of a cancellation. However, in certain circumstances, the Company at its discretion shall permit a refund of the full or partial amount if the Doctor/registered medical practitioners becomes unavailable or if an alternative Doctor/registered medical practitioners is arranged to consult. The decision of the Company shall be final in such cases.

15.COPYRIGHTS, TRADEMARKS AND OTHER INTELLECTUAL PROPERTY RIGHTS:

• As per the Terms and Conditions of the website, it grants access to Users / Customers to view the content solely for visiting, ordering, and communicating only. All materials in this website, including, but not limited to, images, illustrations, text, logos and page headers, that are part of this website are copyrights and/or other intellectual properties owned by Company. All other trademarks not owned by Company that appear on this Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the website.

• You hereby agree that you will not reproduce, duplicate or copy the content of the website for any purpose, unless you have been specifically permitted to do so in a separate agreement with this App.

• 16. USER INDEMNIFICATION:
• You hereby agree to indemnify, defend, hold harmless the website and its officers, directors, employees, agents, information providers, partners, licensors, advertisers and suppliers from and against all claims, losses, expenses, damages and costs, including reasonable legal fees and costs, resulting from any violation of this agreement, or any activity related to your account, or any information or material you have submitted or will submit to us in violation of any law or in breach of any third party rights (including, but not limited to, claims in respect of defamation, invasion of privacy, or infringement of any other intellectual property right). We reserve the right to exclusively defend and control any claims arising from the above and any such indemnification matters, and you hereby agree to cooperate fully with us in asserting any available defences.

17.COMPLIANCE WITH LAWS: 

• The User of the website shall comply with all the applicable laws including without limitation to Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively for using Payment Facility and the website.

18.APPLICABLE LAW AND JURISDICTION:

• These Terms and Conditions and your use of this Website and its content will be governed by and construed in all respects in accordance with the laws of India subject to the jurisdictional courts of Vishakhapatnam, Andhra Pradesh.

19.DISPUTE RESOLUTION:

• These Terms of Service will be governed by and construed in accordance with the laws of India without regard to its conflicts of law provisions. Any failure of the website / Company to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision. The section titles used in this Agreement are purely for convenience and carry with them no legal or contractual effect. In the event of termination of this Agreement for any reason, you agree the following provisions will survive: the provisions regarding limitations on your use of Content, the license(s) you have granted to the website / Company, and all other provisions for which survival is equitable or appropriate.

• In the case of a conflict between these terms and the terms of any electronic or machine readable statement or policy, these Terms of Service shall prevail. Similarly, in case of a conflict between these terms and our Privacy Policy, these Terms of Service shall prevail.

• All disputes involving but not limited to rights conferred, compensation, refunds, and other claims will be resolved through a two-step Alternate Dispute Resolution (“ADR”) mechanism. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.

• Mediation: In case of any dispute between the parties, the Parties will attempt to resolve the same amicably amongst themselves, to the mutual satisfaction of both Parties. In the event that the Parties are unable to reach such an amicable solution within thirty (30) days of one Party communicating the existence of a dispute to the other Party, the dispute will be resolved by arbitration, as detailed here in below;

• Arbitration: In the event that the Parties are unable to amicably resolve a dispute by mediation, said dispute will be referred to arbitration by a sole arbitrator to be appointed by the Company, and the award passed by such sole arbitrator will be valid and binding on both Parties. The Parties shall bear their own costs for the proceedings, although the sole arbitrator may, in his/her sole discretion, direct either Party to bear the entire cost of the proceedings. The arbitration shall be conducted in English, and the seat of Arbitration shall be the city of Thane in the state of Maharashtra, India. The Parties expressly agree that the Terms, Policy and any other agreements entered into between the Parties are governed by the laws, rules and regulations of India, and that the Courts at Thane shall have exclusive jurisdiction over any disputes arising between the Parties.

20.SEVERABILITY:

• If any provision of these Terms and Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.

21.DISCLAIMER OF WARRANTIES AND LIABILITIES:

• YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. the website, SERVICES AND OTHER MATERIALS ARE PROVIDED BY THIS WEBSITE IS ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT –
• YOUR REQUIREMENTS WILL BE MET OR THAT SERVICES PROVIDED WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE;
• MATERIALS, INFORMATION OBTAINED AND RESULTS WILL BE EFFECTIVE, ACCURATE OR RELIABLE;
• ANY ERRORS OR DEFECTS IN THE W/APP, SERVICES OR OTHER MATERIALS WILL BE CORRECTED.

• TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL HAVE NO LIABILITY RELATED TO USER CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. WE ALSO DISCLAIM ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT.

• 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. WE ARE NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERROR LEADING TO AN INVALID COUPON. WE ACCEPT NO LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU WHETHER ON BEHALF OF ITSELF OR THIRD PARTIES.

• WE SHALL NOT BE LIABLE FOR ANY THIRD PARTY PRODUCT OR SERVICES.

22.DISCLAIMERS:

• You understand that the website is a platform that Users utilize to locate Doctor/registered medical practitioners and make appointments for consult at GENA HEALTHX Even though we take all the necessary steps to verify the authenticity of the Doctor/registered medical practitioners, You understand and agree that we shall not be liable for any deficiencies including but not limited to misconduct, injury caused or lack of knowledge from the end of the Doctor/registered medical practitioners. We are not a party to such interaction and take no liability that arises from any such acts of the Doctor/registered medical practitioners.

• Healthcare Services: All of the Treating Providers who deliver Services through the website are independent professionals solely responsible for the services each provides to you.

• Informed Consent: The Tele Health Services you receive from Treating Providers are not intended to replace a primary care physician relationship or be your permanent medical home. You should seek emergency help or follow-up care when recommended by a Treating Provider or when otherwise needed and continue to consult with your primary care physician and other healthcare professionals as recommended. You will have direct access to customer support services to follow up on medication reactions, side effects or other adverse events. Among the benefits of our Services are improved access to healthcare professionals and convenience. However, as with any health service, there are potential risks associated with the use By accepting these Terms of Use, you acknowledge that you understand and agree with the following:

• You can send messages to your Treating Provider by contacting our Customer Support. If you are experiencing a medical emergency, you should call the emergency ambulance number or go to the nearest emergency room.

23.INDEMNIFICATION AND LIMITATION OF LIABILITY:

• YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THIS W/WEBSITE INCLUDING BUT NOT LIMITED TO ITS AFFILIATE VENDORS, AGENTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL LOSSES, LIABILITIES, CLAIMS, DAMAGES, DEMANDS, COSTS AND EXPENSES (INCLUDING LEGAL FEES AND DISBURSEMENTS IN CONNECTION THEREWITH AND INTEREST CHARGEABLE THEREON) ASSERTED AGAINST OR INCURRED BY US THAT ARISE OUT OF, RESULT FROM, OR MAY BE PAYABLE BY VIRTUE OF, ANY BREACH OR NON-PERFORMANCE OF ANY REPRESENTATION, WARRANTY, COVENANT OR AGREEMENT MADE OR OBLIGATION TO BE PERFORMED BY YOU PURSUANT TO THESE TERMS OF USE. FURTHER, YOU AGREE TO HOLD US HARMLESS AGAINST ANY CLAIMS MADE BY ANY THIRD PARTY DUE TO, OR ARISING OUT OF, OR IN CONNECTION WITH, YOUR USE OF THE WEBSITE, ANY CLAIM THAT YOUR MATERIAL CAUSED DAMAGE TO A THIRD PARTY, YOUR VIOLATION OF THE TERMS OF SERVICE, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER, INCLUDING ANY INTELLECTUAL PROPERTY RIGHTS.

• IN NO EVENT SHALL WE, OR OUR OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT FORESEEABLE OR WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE W/APP, SERVICES OR MATERIALS. THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

24.TERMINATION:

• You agree that the website, in its sole discretion and for any or no reason, including without limitation if you breach these Terms and Conditions, may terminate your access to and use of the website, at any time. You agree that any termination of your access to the website or suspension of your account may be effected without prior notice, and you agree that the website shall not be liable to you for any such termination. Your right to use the website / Service immediately ceases upon termination of your access / use of the website.

25.CHANGES TO THESE TERMS AND CONDITIONS:

• We reserve the right to amend these terms and conditions from time to time without further notice to you. Any such amendments we make shall be effective once we post a revised version of these Terms and Conditions on the website. It is your responsibility to review the website Terms and Conditions regularly. Your continued use of the website following the publication of any such changes will constitute your agreement to follow and be automatically bound by the amended terms and conditions.