UMS Health

TERMS AND CONDITIONS OF USE

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I) PLEASE READ THESE TERMS AND CONDITIONS OF USE AND OUR DEFINITIONS OF TERMINOLOGIES USED CAREFULLY. BY ACCESSING OR USING THE WEBSITE/ APP/ PROGRESSIVE WEB APP, YOU AGREE TO BE BOUND BY THE TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THE WEBSITE/APP.

II) This is not a medical app meant for any medical advice or medical treatment under modern medicine primarily. This app is strictly meant for health education, health awareness and health guidance. You may get online consultation on your insistence.

III) This app should not be used for health guidance in Emergency medical conditions.

1) What is UMS HEALTH ?

  1. Permission is granted to temporarily download one copy of the materials (information or software) on Dummy Company's web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
    1. The domain name www.umshealth.live and www.umshealth.in are an internet based website and progressive web application and UMS HEALTH, a mobile application, is owned and operated by UMS Health proprietorship by Dr. Sanjay Gadekar (hereinafter, referred to as “umshealth” or UMS HEALTH or”UMS” or “Universal Meditherapy Systems” or “Our App” or “This App” or “We” or “Our” or “Us” or “Company”). The domain name and the mobile application are collectively referred to as “Website”.
    2. UMS HEALTH is not a medical app but a health awareness and health guidance app. This app is not meant for any medical advice, medical treatment or any medical treatment procedures.
    3. This app is meant for guidance for human health management and not for disease management or any disease treatment under modern medicine.
    4. This is meant to guide the natural path to the natural Universal health after user becomes disease-free under medical treatment by his doctors or for health guidance to user with unsolved health trouble inspite of various modes of medical treatments taken.
    5. transfer the materials to another person or "mirror" the materials on any other server.

    2) UMS HEALTH give no assurance, guaranty, warranty of any cure or relief or health gain for the user’s health trouble after using UMS HEALTH app.

    3) Terminologies and definitions w.r.t. this App.:-

    1. Universal Medi-Therapy Systems means augmenting our own natural abilities and power of healing, gaining health and maintaining Universal health from within our body.
    1. Active regenerative treatment is not any medical treatment but natural Universal approach to proceed to good health under our natural regenerative abilities.
    1. Universal circuit of body-making means gestational period pregnancy with child delivery.
    1. Universal circuit of body-keeping means well synchronised interactive physical, mental and physiological acts pattern by human body.
    1. Universal science means all well synchronised natural Universal acts, systematic occurrences on our planet and the in the Great Universe.
    1. Passive treatment means a medical treatment under modern medicine or any other branch of medicines, the modalities used outside of human body.
    1. Health index means current status and grade of health with or without any symptoms with or without any medical treatment.


    This app is a presentation of natural Universal ways to reach near to Universal natural health as studied, observed, assessed, realised by Dr. Sanjay Gadekar. This is a path guiding towards good Universal health only for needy users seeking natural health.

    Your access or use of the Website, transaction on the Website and use of Services hosted or managed remotely through the Website, are governed by the following terms and conditions (“Terms and conditions of Use”), including the applicable policies which are incorporated herein by way of reference. These Terms of Use constitute a legal and binding contract between You- the User on one part and UMS HEALTH on the other Part.

    By accessing, browsing or in any way transacting on the Website, or availing any Services, You signify your agreement to be bound by the Terms of Use. Further, by impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by UMS's policies, including its Privacy Policy, and such other rules, guidelines, policies, terms and conditions as are applicable for the purposes of accessing, browsing or transacting on the Website, or availing any of the Services, and such rules, guidelines, policies, terms and conditions shall be deemed to be incorporated into, and considered as part and parcel of this Terms of Use. However, if you navigate away from the Website to a third party site, you may be subject to alternative terms and conditions of use, as may be specified on such site. In such event, the terms and conditions of use applicable to that site will govern your use of that site.

    The Website is a platform that facilitates the health guidance, health education, health awareness, promotes active treatment for health gain, promote natural protocol body-keeping, knowledge about Universal science, general health improvement in masses, systematic health management, systematic health coaching for school students, health motivation for elderly and debilitated people and overall health assistance to people. UMS HEALTH do not provide any medical treatment, medical advice or any medical procedure for user. For sake of medical treatment (passive treatment under modern medicine), user must take his doctor’s advice. The Services would be made available to such natural persons who have got registered on the Website after obtaining due registration, in accordance with the procedure as determined by UMS , from time to time (referred to as “You” or “Your” or “Yourself” or “User”, which terms shall also include natural persons who are accessing the Website merely as visitors). The Services are offered to the Users through various modes as per UMS HEALTH policies.

    You agree and acknowledge that the Website is a platform that Users and UMS HEALTH utilize to meet and interact for health management purposes under active treatment. UMS HEALTH is not and cannot be a party to medical treatment provided by medical consultant or hospitals chosen by the User, any therapeutic treatment and its outcome between the Users and doctor giving medical treatment to User. UMS is not at all responsible for any disputes arising from the issue of medical treatment of the User by their treating doctors.

    The UMS HEALTH reserves the right to change or modify these Terms and conditions of Use or any policy or guideline of the Website including the Privacy Policy, at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting the revisions on the Website, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the Website will confirm your acceptance of such changes or modifications; therefore, you should frequently review these Terms of Use and applicable policies to understand the terms and conditions that apply to your use of the Website.

    This Terms of Use is published in compliance of, and is governed by the provisions of Indian law, including but limited to: the Indian Contract Act, 1872 (“Contract Act”); the (Indian) Information Technology Act, 2000 and the rules, regulations, guidelines and clarifications framed the render, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and

    Sensitive Personal Information) Rules, 2011 (the "SPI Rules"), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the "IG Rules");

    The Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954; and Consumer Protection Act, 1986.

    UMS HEALTH authorises the User to view and access the content available on the Website solely for the purposes of availing the Services, such as visiting, using modules and communicating only as per the Terms of Use. The contents of the Website, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the Website (collectively, “UMS Content”), are the property of UMS and are protected under copyright, trademark and other laws. User shall not modify the UMS Content or reproduce, display, publicly perform, distribute, or otherwise use the UMS Content in any way for any public or commercial purpose or for personal gain.

    Compliance with the Terms of Use would entitle the User to a personal, non-exclusive, non-transferable, limited privilege to access and transact on the Website.

    These Terms of Use constitute an electronic record in terms of the Information Technology Act, 2000 and rules framed there under, as applicable and amended from time to time. This electronic record is generated by a computer system and does not require any physical or digital signatures. Eligibility

    For the purposes of interacting through the Website, the Users are required to obtain registration, in accordance with the procedure established by UMS in this regard. As part of the registration process, UMS HEALTH may collect the following personal information from the Users:

    Name; User ID; Email address Address (including country and ZIP/ postal code); Gender; Height Weight Age; Phone number; Password chosen by the User; Real financial account information; and Other details as the User may volunteer.

    The registration on or use/ access of the Website is only available to natural persons, other than those who are ‘incompetent to contract’ under the Contract Act. That is, persons including minors, un-discharged insolvents etc. are not eligible to register on, or use/ access the Website.

    By registering, accessing or using the Website, you accept the terms of this Terms of Use and represent and warrant to UMS HEALTH that you are ‘competent to contract’ under the Contract Act and have the right, authority and capacity to use the Website and agree to and abide by its Terms of Use.

    A registered id can only be utilised by the person whose details have been provided and UMS does not permit multiple persons to share a single log in/ registration id. However, a registered user, being also a parent or legal guardian of a person ‘incompetent to contract’ such as minors or persons with unsound mind, would be permitted to access and use the Website for the purposes of interaction for health services, on behalf of such persons.

    If Registered person is a doctor, one can use this app to take guidance for his patients.

    You agree and acknowledge that You would (a) create only one account; (b) provide accurate, truthful, current and complete information when creating Your account and in all their dealings through the Website; (c) maintain and promptly update Your account information; (d) maintain the security of Your account by not sharing Your password with others and restricting access to Your account and Your computer; (e) promptly notify UMS if You discover or otherwise suspect any security breaches relating to the Website; and (f) take responsibility for all activities that occur under Your account and accept all risk of unauthorized access. Policy of Privacy

    UMS HEALTH has duly formulated a policy on how it collects, uses and discloses personally identifiable information from its users (“Privacy Policy”). The Privacy Policy forms an integral part of these Terms of Use and the Users are requested to carefully read the same. Use of Website and Services

    Platform to health services under active regenerative approach by UMS HEALTH and guidance for prudent health suggestions. UMS plays no role in execution of any sort of medical treatment, medical advice, medical investigations or any medical-surgical procedural treatments. UMS is only platform for health awareness, health guidance and health suggestions towards natural Universal health.

    UMS HEALTH provides Services through the Website, which is a platform that facilitates the health guidance under active natural Universal regenerative approach. You understand and agree that UMS HEALTH and the Website merely provide active regenerative health guidance to its Users and persons browsing / visiting the Website.

    UMS HEALTH shall not and is not required to mediate or resolve any dispute or disagreement between Users and Consultants.

    UMS HEALTH may, at its sole discretion, suspend User’s ability to use or access the Website at any time while UMS HEALTH investigates any complaints or alleged violation of the Terms of Use or for any other reason. In the event, Users find any wrong information on the Website in relation to such User, they can correct it themselves or contact UMS HEALTH immediately for such corrections. UMS shall have no liability or responsibility in this regard.

    Users must never avoid or cause any delay in obtaining medical advice from a Registered Medical Practitioner or disregard any such medical advice duly obtained, because of any information provided on the Website. If you have or suspect that you have a medical problem or condition, please contact a Registered Medical Practitioner immediately.

    Charges , Fees and Taxes

    Registration on the Website and the access to the information provided on the Website is chargeable towards app maintenance and information technology charges. Annual renewal of registration charges may be applicable.

    The User agrees that payment made for registration is made directly to the other party before reaching UMS HEALTH where app is uploaded, hence any dispute regarding paid registration charges remains between user and that other party before payment reaches to UMS HEALTH.

    The Users agree and acknowledge that it shall not hold UMS HEALTH responsible for any health out come using our information. UMS HEALTH will not be responsible for any loss or damage caused to the User during the medical treatment by their consultants or hospital, if they practice any or many health making activities suggested by UMS HEALTH simultaneously with their medical treatment. Covenants

    You undertake that You shall not do any act or post, display, upload, modify, publish, transmit, update or share any information that - Belongs to another person and to which the User does not have any right;

    Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;

    Infringes any patent, trademark, copyright or other intellectual proprietary rights of any third party;

    Violates any law for the time being in force;

    Impersonates another person;

    Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;

    Is prohibited under applicable law for the time being in force including Drugs Act (read with the Drugs Rules), the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954, the Indian Penal Code, 1860, as amended from time to time and rules made there under;

    Threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

    The User is also prohibited from:

    Violating or attempting to violate the integrity or security of the Website or any UMS HEALTH Content;

    Transmitting any information (including job posts, messages and hyperlinks) on or through the Website that is disruptive or competitive to the provision of Services by UMS HEALTH. intentionally submitting on the Website any incomplete, false or inaccurate information; making any unsolicited communications to other Users; using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website; attempting to decipher, decompile, disassemble or reverse engineer any part of the Website; copying or duplicating in any manner any of the UMS HEALTH Content or other information available from the Website; framing or hot linking or deep linking any UMS HEALTH Content.

    UMS upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information as mentioned in …..………. above, shall be entitled to disable such information that is in contravention of ………… UMS HEALTH shall be entitled to preserve such information and associated records for at least 80 (eighty) days for production to governmental authorities for investigation purposes.

    In case of non-compliance with any applicable laws, rules or regulations, or the Agreement (including the Privacy Policy) by a User, UMS HEALTH has the right to immediately terminate the access or usage rights of the User to the Services and to remove noncompliant information.

    Liability

    The User accepts and acknowledges that UMS HEALTH does not provide any representation or give any guarantee or warranty for cure, better health results (whether express or implied, or whether arising by virtue of a statue or otherwise in law or from a course of dealing or usage or active or passive treatment) about the Website or any of the guidance, suggestions or Services offered.

    The Website may be linked to web pages and content of third parties, affiliates and business partners (collectively, Third Party Content”). UMS HEALTH does not control, endorse or adopt any Third Party Content and can make no guarantee as to its accuracy or completeness. The User acknowledges and agrees that UMS HEALTH shall not be responsible or liable in any manner for the content, accuracy, validity, reliability, quality of such Third Party Content. Inclusion of any link on the Website does not imply that UMS HEALTH endorses the linked site. User may use the links and these services at User's own risk.

    UMS HEALTH assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect User's equipment on account of User's access to, use of, or browsing the Website or the downloading of any material, data, text, images, video content, or audio content from the Website. If a User is dissatisfied with the Website, User's sole remedy is to discontinue using the Website.

    To the maximum extent permitted by applicable law, UMS HEALTH, its affiliates, independent contractors, service providers, consultants, licensors, agents, and representatives, and each of their respective directors, officers or employees (“Protected Entities”), shall not be liable for any direct, indirect, special, incidental, punitive, exemplary or consequential damages, or any other damages of any kind, arising from, or directly or indirectly related to, (i) the use of, or the inability to use, the Website or the content, materials and functions related thereto; (ii) User's provision of information via the Website; 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, (i) the provision of, or failure to provide, all or any service by a consultant to any User; or (ii) any comments or feedback given by any of the Users in relation to the services provided by any consultant; or (ii) any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Website.

    In no event shall the total aggregate liability of the protected entities to a User for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to negligence, strict liability, product liability or otherwise) arising from the Terms of Use or a User's use of the Website exceed an aggregate amount of Rs. 1000. UMS accepts no liability for any errors or omissions, whether on behalf of the Users or third parties. Indemnity

    You agree to defend, indemnify and hold harmless UMS HEALTH, its affiliates, independent contractors, service providers, consultants, licensors, agents, and representatives, and each of their respective directors, officers and employees, from and against any and all claims, losses, liability, damages, and/or costs (including, but not limited to, reasonable attorney fees and costs) arising from or related to (a) Your access to or use of Website; (b) Your violation of the Terms of Use; (c) Your violation of any rights of another person/ entity, including infringement of their intellectual property rights; or (d) Your conduct in connection with the Website.

    Website Modifications

    UMS HEALTH reserves the right to modify or discontinue, temporarily or permanently, the Website or any features or portions thereof without prior notice. You agree that UMS HEALTH will not be liable for any modification, suspension or discontinuance of the Website or any other part thereof.

    Termination

    The provisions of this Agreement shall continue to apply until terminated by either You or UMS as set for below:

    If You want to terminate this Agreement with UMS HEALTH You may do so by: Not accessing the Website; or Closing your accounts for all of the Services that You use.



    UMS reserves the right to, at any time, and with or without notice, terminate this Agreement with You if:

    You breach any of applicable law, including but not limited to the Drugs Act and the rules issued there under or the provisions of this Agreements or the terms of the Privacy Policy or any other terms, conditions, or policies that may be applicable to You from time to time (or have acted in a manner that clearly shows that You do not intend to, or are unable to, comply with the same); or

    UMS HEALTH is unable to verify or authenticate any information provided to UMS HALTH by You; or

    UMS HEALTH believes, in its sole discretion, that Your actions may cause legal liability for UMS (or any of its affiliates, independent contractors, service providers, consultants, licensors, agents, and representatives) or are contrary to the interests of the Website; or

    UMS HEALTH is required to do so by law; or

    if You fail to provide (or after providing such consent, later revoke) the consents necessary or desirable for UMS to provide the Services to You; or

    The provision of the Services to you, or to the general public, is in UMS HEALTH opinion, no longer commercially viable; or

    UMS HEALTH has elected to discontinue, with or without reason, access to the Website or the Services (or any part thereof).

    UMS HEALTH may also terminate or suspend (temporarily or permanently) all or a portion of your account or access to the Services, with or without reason. Except as may be set forth in any of the terms applicable to a particular Service, termination of Your account may include: (i) removal of access to all offerings within the Website or with respect to the Services; and (ii) barring You from further use or access of the Website or of any of the Services.

    Once terminated or suspended (temporarily or permanently), You may not continue to use the Website under the same account, a different account or re-register under a new account.

    Upon termination of this Agreement, UMS HEALTH shall have no obligation to maintain or provide any of Your data and may thereafter, unless legally prohibited, delete all Your data in its systems or otherwise in its possession or under its control, including but not limited to Your personal information, log-in ID and password, order details (including any prescriptions uploaded) and all related information, files and materials associated with or inside Your account (or any part thereof).

    The right to terminate/ suspend the account is in addition to, and without prejudice to, UMS HEALTH’s right to initiate action against the User, in accordance with Clause [•] (Damages) of the Terms of Use.

    Force Majeure

    The User accepts and acknowledges that UMS HEALTH or it’s team shall not be liable for any loss or damage caused to the User as a result of delay or default or deficiency or failure in the Services as a result of any natural disasters, fire, riots, civil disturbances, actions or decrees of governmental bodies, communication line failures (which are not caused due to the fault of the User), or any other delay or default or deficiency or failure which arises from causes beyond UMS HEALTH or the consultant’s reasonable control (“Force Majeure Event”). In the event of any Force Majeure Event arising, UMS HEALTH or it’s team, depending on whose performance has been impacted under the Terms of Use, shall immediately give notice to the User of the facts which constitute the Force Majeure Event.

    Governing Law and Dispute Resolution

    This Agreement and any contractual obligation between UMS HEALTH and User will be governed by the laws of India, without reference to the conflict of laws principles. Any legal action or proceeding related to your access to, or use of, the Website or these Terms of Use shall be subject to the exclusive jurisdiction of the courts at Nagpur (Maharashtra), India. Survival

    Even after termination, certain obligations mentioned under Covenants, Liability, Indemnity, Intellectual Property, Dispute Resolution will continue and survive termination. Severability

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

    Contact Information

    If any User has any grievance, comment, question or suggestion regarding any of our Services, please contact us. If a User has any questions concerning UMS HEALTH, the Website, this Agreement, or anything related to any of the foregoing, UMS HEALTH can be reached at the following email address - umshealthindia@gmail.com