The domain name bajajfinservhealth.in an internet based portal / [Bajaj Finserv Health], a mobile application (collectively referred to as “BFHL Platform/s”), is / are owned and operated by BFHL, a company duly incorporated under the provisions of the Companies Act, 2013.
BFHL is the owner/Licensee of the software “Bajaj Finserv Health”, and all their variants, editions, add-ons, and ancillary Subscription Services or services (including all files and images contained in or generated by the software, and accompanying data, together the “Software”). The Software have been designed for use by individual customers and healthcare providers, which term shall also include designated associates of the healthcare providers who would use Software, All users of the Software are together termed as (“Users” or “you” or “your”).
Any accessing or browsing of the BFHL Platforms and using the Services indicates your agreement to all the terms and conditions in this Agreement. If you disagree with any part of the Terms and Conditions, then you should discontinue access or use of the BFHL Platforms.
We may from time to time update, modify or revise these Terms and Conditions. Every time you wish to use the BFHL Platforms, please check the relevant Terms and Conditions to ensure you understand the terms that apply at that time.
Any person may have limited access to the BFHL Platforms without creating an account. In order to have access to all the features and benefits on our Website or App, you must first create an account on our Website or App, for which you are required to provide certain information, which is required to identify you. Other information requested on the registration page, including the ability to receive promotional
offers from BFHL, is optional. BFHL may, in future, add other optional requests for information to help us to customize the Services and to deliver personalized products and services to you.
When you use the BFHL Platforms, you represent that you meet the following primary eligibility criteria:
The Services are not intended for use by minors. BFHL strongly encourages parents and guardians to consider using parental control tools to help provide a child-friendly online environment and to supervise the online activities of their minor children
As an end-user and/or recipient of Services, when you use the BFHL Platforms, you agree to the following conditions of use:
We reserve the right to refuse service or terminate accounts at our discretion, if we believe that you have violated or are likely to violate applicable law or these Terms and Conditions.
You shall not upload host, display, modify, transmit, update or share any information or to, distribute, or otherwise publish through the BFHL Platforms the following Prohibited Content, which includes any content, information, or other material that:
You also understand and acknowledge that if you fail to adhere to the above, we have the right to remove such information and / or immediately terminate your access to the Services and / or to the BFHL Platforms.
By using our Services, you confirm that you understand and agree to the following:
This section shall survive the termination of this agreement and the termination of your use of our Services.
You recognize and agree that all copyright, registered trademarks and other intellectual property rights on all materials or contents provided as part of the BFHL Platforms belong to us at all times or to those who grant us the license for their use.
No use of the Intellectual Property of the Company or third party which Company has a right to use may be made without the prior written authorization of BFHL.
We have made every effort to display, as accurately as possible, the information provided by the relevant third parties including HSPs. However, we do not undertake any liability in respect of such information and or with respect to any other information in regard to which you are capable of conducting your own due diligence to ascertain accuracy.
Company does not undertake any liability in respect of any information with respect to which you are capable of conducting your own due diligence to ascertain accuracy.
Where any of the BFHL Platforms contain links to other sites and resources provided by third parties (including where our social media sharing plug-ins include links to third party sites), these links are provided for your information only. We have no control over the contents of those websites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.
BFHL disclaims any responsibility and shall not be liable for ways in which your data is used by HSP’s and other authorized users of Software. It is the responsibility of the respective HSP alone with whom your data has been shared with your consent, to ensure that your data is used in compliance to applicable data privacy laws and as per your mandate. The Software of BFHL may be linked to the services of third parties, affiliates and business partners. BFHL has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such third party services. Inclusion of any link on the Software should not be deemed to imply that BFHL endorses the linked site. You may use the links and the third party services at your own risk, choice and preference.
We will not be liable for any non-compliance or delay in compliance with any of the obligations we assume under any contract when caused by events that are beyond our reasonable control (“Force Majeure”). Force Majeure shall include any act, event, failure to exercise, omission or accident that is beyond our reasonable control, including, among others, the following:
Our obligations deriving from any contracts should be considered suspended during the period in which Force Majeure remains in effect and we will be given an extension of the period in which to fulfil these obligations by an amount of time we shall communicate to you, not being less than the time that the situation of Force Majeure lasted.
For change in law specifically, we reserve our rights to suspend our obligations under any contract indefinitely, and / or provide Services under revised Terms and Conditions.
The use of our website and the product purchase contracts through said website shall be governed by the laws applicable in India. Any dispute relating to the use of our Services shall be subject to the exclusive jurisdiction of the Indian Courts at Pune.
In no event, including but not limited to negligence, shall BFHL, or any of its directors, officers, employees, agents or content or service providers (collectively, the “Protected Entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Software or the content, materials and functions related thereto, even if such Protected Entity has been advised of the possibility of such damages. In no event shall the Protected Entities be liable for or in connection with any content posted, transmitted, exchanged or received by you or on your behalf on or through the Software.
Notwithstanding anything contained herein, in no event shall the total aggregate liability of the Protected Entities for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from the Terms and Conditions or your use of the Software exceed, in the aggregate Rs. 1000/-.
In no event shall the Protected Entities be liable for failure on the part of the HSP’s to provide agreed Services or to make himself/herself available at the appointed time, cancellation or rescheduling of appointments. In no event shall the Protected Entities be liable for any comments or feedback given by any of the HSP’s in relation to the Services provided by HSP. The Protected Entities and the BFHL shall not be liable for any act or omission of any other company or companies furnishing a portion of the Service, or from any act or omission of a third party.
on Bajaj Finserv Health App.
TERMS & CONDITIONS
Following words shall for the purpose of these terms and conditions, be defined to mean as below:
“BFHL” refers to Bajaj Finserv Health Limited.
“Offer Period” shall mean the period commencing from <28th Dec 2020> to <31st Jan 2021>
“Promotion” shall mean the “Spin the wheel” promotional program offered by BFHL for its Customers during the Offer Period for purchasing Products from EMI Store.
“Reward” refers to the reward offered to the Winner under the Promotion, as more specifically detailed in clause 1 of these terms and conditions.
“Winner” means such Customer who is participating in this Promotion and who has been declared as a winner by BFHL under this Promotion.
To participate in this Promotion and to be eligible to receive a Reward, the Customer/Participant should have mandatorily signed-up on Spin the Wheel page, and successfully played the game.
This Promotion is available only in select cities of India and is valid only for Indian citizens. This Promotion is not applicable in places wherever prohibited and / or on gifts / services for which such offers cannot be made available for any reason whatsoever. For the avoidance of doubt, it is hereby clarified that this Promotion is not applicable to BFHL’s employees, their relatives and the Customers in the state of Tamil Nadu.
The Promotion and the Reward are available at the sole discretion of BFHL and subject to changes as deemed fit by BFHL, without any prior notice to the Participant.
A Customer can qualify only once for the Promotion during such Offer Period. For the avoidance of doubt, it is hereby clarified that a Customer will be eligible for only one Reward during the Offer Period.
Participating in this Promotion is voluntary and the Customer is not bound to participate in this Promotion. There is no compensation for non-participation in the Promotion under any circumstances whatsoever.
Images of the Product and/or Reward shown on email, BFHL’s website or any other website or any other advertisement material whatsoever, are for representational purpose only. Notwithstanding anything contained in the Promotion or these terms and conditions, any images, representations etc. and all intellectual property rights pertaining thereto which belong to any third party, shall continue to vest with such party and by using such images, representations etc., BFHL in no way claims any right whatsoever relating to such intellectual property.
The decision of BFHL’s selection committee in selecting the Winner eligible for a Reward shall be final and binding on the participating Customers. Such Winner will be contacted by BFHL after the expiry of the Offer Period either through email, telephonic call or SMS on the Customer’s registered email address/contact number and will be communicated the details for the collection of the Reward. In the event such a Winner cannot be contacted despite repeated efforts for 3 (three) continuous days, BFHL reserves the right to cancel the Winner’s nomination for the Reward and may nominate other participating Customer as winner.
Where the Winner/Customer has provided any incorrect information at the time of registration for the Promotion and/or at the time of collecting his/her Reward, then his/her selection is subject to cancellation without notice, at the sole discretion of BFHL.
This Promotion cannot be combined with any other offer/discount/promotion of BFHL, unless explicitly permitted by BFHL under any other offer/discount/promotion of BFHL
All applicable taxes, fees and levies (excluding ‘gift’ tax or tax deducted at source, where applicable) will need to be solely paid by the Customer(s).
The tax deducted at source in respect of the Reward, where applicable, shall be paid by BFHL.
Nothing herein amounts as a commitment by BFHL to provide further or similar schemes or offers.
BFHL is not a manufacturer/supplier/provider of the Products purchased by Customer and will not accept any liability in relation thereto. Accordingly, BFHL shall not be responsible for the quality, merchantability or the fitness for any purpose or any other aspect of the Products/Reward provided by any third party.
Notwithstanding anything herein, BFHL shall not at any time be responsible or held liable for any loss, injury, damage or harm suffered by participating Customer or in connection with the Products or Reward.
Disputes, if any, regarding the Products/services under the Promotion must be addressed in writing, by the participating Customer directly to the BFHL shall not entertain any other mode of communication in this regard.
BFHL’s decision on all matters relating to the Promotion will be at its absolute discretion and will be final and binding on all participants.
BFHL reserves the right to revise these terms, modify or withdraw this Promotion at any time without prior notice or reason. These terms and conditions prevail over the contents of any brochure or other promotional material advertising the Promotion.
BFHL, its group entities/ affiliates or their respective directors, officers, employees, agents, vendors, etc., shall not be liable for any loss or damage whatsoever that may be suffered, or for any personal injury that may be suffered by a Customer, directly or indirectly, including for reasons arising out of use or non-use of Product(s) and/or Rewards or participation under this Promotion.
BFHL shall not be liable for termination or delay of the Promotion or the Rewards forming part of the Promotion due to any force majeure event and will not be liable for any consequences.
The Promotion is non-transferable and non-negotiable and cannot be encashed under any circumstance whatsoever.
These terms and conditions shall be governed by the laws of India. All disputes if any arising out of or in conjunction with or as a result of this Promotion or otherwise relating hereto shall be subject to the exclusive jurisdiction of the competent courts in Pune only. The existence of a dispute, if any, shall not constitute a claim against BFHL.
This Promotion is subject to Indian laws, rules and regulations as may be applicable and any disputes in regard to the reward/promotion and the matters related to terms and conditions mentioned herein shall be subject to exclusive jurisdiction of courts situated at Pune, Maharashtra..
The Customers agree to be bound by the terms and conditions contained herein. Without a Customer being required to do any further act, the Customers shall be deemed to have read, understood and unconditionally accepted the terms and conditions mentioned herein.