TERMS OF USE-MITRAMCARES
This document is an electronic record in terms of Information Technology Act, 2000, amendments thereof from time to time and the rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
Please read the terms and conditions carefully before registering, accessing or using the “MitramCares” Services (defined below). The terms and conditions are legal contract ("Agreement") between You and Swavalambanam MitramCares Private Limited (“MitramCares”) having its registered office at A3-202, Park Island Shastri Nagar, Yerawada, Pune, India. You agree and acknowledge that you have read the terms and conditions set forth below. If you do not agree to these terms and conditions or do not wish to be bound by these terms and conditions, you may not use the Services and/or immediately terminate the Services and/or uninstall the mobile application.
We may amend the terms and conditions at any time by posting an updated version at MitramCares (“MitramCares”) website(s) and MitramCares App(s). The updated version of the Terms of Service shall take effect immediately upon posting. Notwithstanding that it is Your responsibility to review these Terms of Use periodically for updates / changes, we shall send a notice of the same within TWO days of such modification to this agreement. Your continued use of MitramCares App following the posting of changes will mean that You accept and agree to the revisions including additional Terms or removal of portions of these Terms, modifications etc. As long as You comply with these Terms of Use, we grant You a personal, non-exclusive, non-transferable, limited privilege to enter and avail the Services.
USING THE MITRAMCARES APP INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by MitramCares Platform and MitramCares Platform Entity Policies (including but not limited to Privacy Policy) available on the MitramCares website(s) and MitramCares App(s) as amended from time to time.
DEFINITIONS
“We”, “Us”, “Our” - shall refer to MitramCares Platform and MitramCares Platform Entities.
“You”, “Yours”, “Yourself”, “MitramCares User” - refers to any non-registered individual or corporate body, registered user of MitramCares and MitramCares Entities, including but not limited to MitramCares customers or Merchants.
“MitramCares App” - The mobile application(s), hosted by MitramCares and MitramCares Entities for providing MitramCares services to its users, including merchants and service providers and also includes any and all Services where it acts as an Intermediary.
“MitramCares System” – The Artificial Intelligence System that is used in the Mobile App, which is trained to recognize patterns in conversations, among other aspects, and suggest recommendations based on preferences or perform other activities as defined within the scope of services vis-à-vis a User’s preference.
“MitramCares Website” - Shall refer to www.mitramcares.com, which is registered by MitramCares and used as a medium to communicate and inform users of services provided by MitramCares and MitramCares Entities, not limiting to its features, terms and conditions, Our contact details.
“MitramCares Entities” - shall mean group, affiliates, associates and subsidiaries of MitramCares.
‘MitramCares Platform” - Refers to any platform owned/subscribed/used by Swavalambanam MitramCares Private Limited (“MitramCares”) or any other MitramCares Entities not limited to websites, mobile applications, devices, URLs/links, notifications, chatbot, or any other communication medium used by MitramCares Entities to provide its services to its Users.
“MitramCares Services” - shall include all services extended / to be extended by MitramCares and MitramCares entity as a group.
“Service Providers” – Refers to any individual, group of individuals defined under law whose services are used by MitramCares or MitramCares Entities in order to provide the intended Services to You through MitramCares Platform.
“Business Partners” – Shall refer to any individual, group of individuals defined under law with whom MitramCares or MitramCares Entities have a contractual relationship and not limited to Psychology Counsellors, Advertisers, Deal partners, Financial institutions, switch interface partners
“Participating Platforms / Merchant Partners” - Websites and Platforms that accepts permitted MitramCares Services to make a payment against products or services offered by such platforms.
“Terms of use”/” Terms and Conditions”- are interchangeably used and shall have the same meaning.
“Registered Users/ MitramCares User”- Individuals who have created an account on the MitramCares Platform which includes the Website and the Mobile Application and have fulfilled all the requirements to fully use the features designated for a Registered user on the MitramCares Platform.
ELIGIBILITY
By accessing MitramCares Service and MitramCares Platforms, You represent that:-
You are 18 years of age or older;
You are capable of entering into a contract /legally binding agreement;
You have the right, authority and capability to enter into this Agreement abiding by all the provisions of the “terms of use” of MitramCares Services.
You are not barred or otherwise legally prohibited from accessing or using services of MitramCares or MitramCares Entities under the laws of India.
You are not impersonating any person, or falsely stating your age or affiliation with any person or entity. MitramCares and MitramCares Entities shall reserve the right to terminate your contract to use MitramCares Platform in case of any incorrect representation of the above-mentioned conditions.
The mandatory information and Officially valid document(s) “OVD”/ document details mentioned by you are true & correct and belong to You.
MITRAMCARES SERVICES
MitramCares and MitramCares Entities provide services via MitramCares Platform. You further agree and acknowledge the terms of use of MitramCares Services provided on MitramCares Platform.
MitramCares Account (“MA”) – MitramCares Account is the account that you create when you sign-up/register with MitramCares.
This account allows you to access MitramCares Platform, browse through the MitramCares Service and access the elderly care assistance through various languages listed on the Platform.
The MitramCares App aims to facilitate a meeting and an interaction between its Users and the Artificial-Intelligence(“AI”) enabled system which intends to in-take the Users requirements and learn the patterns in the queries and the conversations of the Users therein so as to assist the counsellors and the trained psychologists to provide requisite suggestions to the Users.
The Platform aims to provide an intelligent, digital assistant to the Users that is capable of learning and assisting the Users through pattern recognition from the conversations and interactions between the Users and the MitramCares App.
The Platform, inter alia, aims to provide timely reminders, powered by a combination of AI system and trained human personnel to better manage health care of the individual User and with an aim to reduce feelings of isolation by providing a one-to-one conversation with the Platform’s relationship managers with the robust insights provided by the User’s conversation with AI System
The Platform’s services may also be extended to provide Lifestyle convenience services such as grocery, travel, maintenance etc. based on the insights provided through pattern recognition of conversations between the Users and the AI system of the Platform.
The Users can make payment using debit card, credit cards or net banking collectively known as (‘Payment Gateway Services’) to the Platform.
You would need to register by providing additional information in order to make payment via Unified Payment Interface (“UPI”) and to make payments to merchants using these modes of payments.
Access to MA enables you to browse through all MitramCares Services provided by MitramCares Entities and in order to avail, enrol or use any such Service you may need to additionally register for such services by providing some more information as required under the Terms of Use of such products/services.
Allows you to store your card details within our secure PCI-DSS zone for use of transactions.
Allows you to verify, share and maintain the Know Your Customer “KYC” details and information with MitramCares and its affiliates.
MitramCares Platform works on a subscription model and the various offerings of subscriptions are listed on the Platform.
You further agree to MitramCares Privacy Policy as applicable for MitramCares Services and MitramCares Entities. In order to avail MitramCares Services, you need a mobile, internet or any other supported device that meets the compatibility requirements of accessing MitramCares app, which may change from time to time. MitramCares may further release updates to its application and You are required to update the MitramCares app as and when available for you, in order to continue availing MitramCares Services.
You agree that your mobile device, mobile service provider or any other services that you may avail from anybody to access MitramCares Platform, may incur charges and you are solely responsible for such charges, terms of use, fees as per your agreement with the third party.
SIGN UP/REGISTRATION
In order to use the full spectrum of MitramCares Services, You need to register on the MitramCares App and provide Us with accurate and complete information. You are also required to keep your accounts, KYC details and contact information complete and updated at all times.
The device on which You download MitramCares App and use during registration, shall become Your registered device and device details shall be stored by us. The moment You log into your MitramCares account from a different device using the MitramCares app, You will be asked to allow MitramCares to send an SMS from the new device, after which the new device becomes the registered device. You will not be able to access your MitramCares account using your previous device until you re-login and re-authorize yourself on that device.
PUSH NOTIFICATIONS; LOCATION-BASED FEATURES
We may provide you with emails, text messages, push notifications, alerts and other messages related to the App and/or the MitramCares services, such as enhancements, offers, products, events, and other promotions. After downloading the App, you will be asked to accept or deny push notifications/alerts. If you deny, you will not receive any push notifications/alerts. If you accept, push notifications/alerts will be automatically sent to you. If you no longer wish to receive push notifications/alerts from the App, you may opt out by changing your notification settings on your mobile device. With respect to other types of messaging or communications, such as emails, text messages, etc., you can unsubscribe or opt out by either following the specific instructions included in such communications, or by emailing us with your request at support@mitramcares.com.
The App may allow access to or make available opportunities for you to view certain content and receive other products, services and/or other materials based on your location. To make these opportunities available to you, the App will determine your location using one or more reference points, such as GPS, Bluetooth and/or software within your mobile device. If you have set your mobile device to disable GPS, Bluetooth or other location determining software or do not authorize the App to access your location data, you will not be able to access such location-specific content, products, services and materials. For more about how the App uses and retains your information, please read the Privacy Policy.
YOUR CONDUCT ON WEBSITE(S) AND APPLICATION(S)
In order to access MitramCares Services, you are required to provide information about yourself as part of the signup process, or as part of your ability to use services provided by Us. You agree that any information you provide will always be accurate, correct, and up to date and some services may require you to share additional information which might include your personal information, personal sensitive information. Your information management shall be as per MitramCares Privacy Policy.
You shall promptly inform MitramCares of any unauthorized usage of your MitramCares account or loss of mobile device and any other circumstances which may lead to unauthorized usage of your MitramCares Account. The responsibility of any transaction prior to intimation, will solely be on the registered User;
You agree that in case any amount is transferred erroneously by You to any of the registered users outside of the Platform, MitramCares shall not be liable to refund such amount to You under any circumstances.
You further agree that any web-link on the website or Mobile App to a third-party site is not an endorsement of that web-link. By using or browsing any such other web-link, you shall be subject to the terms and conditions in each such web-link.
You agree that if You provide any information that is incorrect, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is incorrect, inaccurate, not current or incomplete, or not in accordance with this Terms of Use, We, shall have the right to indefinitely suspend or terminate or block access to MitramCares Platform and/or take necessary steps in accordance with applicable Law without any further notice.
You are responsible for maintaining the confidentiality of any login information and secure access credentials associated with your MitramCares account. Accordingly, you are responsible for all activities that occur under your account/is using your secure credentials and MitramCares shall not be liable for any such change or action performed by using your secure credentials on MitramCares Platform.
Attempting to access MitramCares Platform using any other means apart from ones provided by Us is strictly prohibited and shall be deemed unauthorized access, whether attempted or accessed through any automated, unethical or unconventional means. Further you should not directly or indirectly engage in any activity using device, software or any routine process that disrupts or interferes with our ability to service you or any other user(s) on MitramCares Platform, including the servers and/or networks to which our resources are located or connected. You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by You, as explained above, and may incur criminal or civil liability.
You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual or digital process, to access, acquire, copy or monitor any portion of the MitramCares Platform or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the MitramCares Platform or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the MitramCares Platform.
You shall not probe, scan or test the vulnerability of the MitramCares Platform or any network connected to the Us, You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to MitramCares Platform, or any other customer, including any account on the MitramCares Platform not owned by You, or exploit the MitramCares Platform or any MitramCares Service or information made available or offered by or through the MitramCares Platform, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the MitramCares Platform.
You further agree that:
In the event of any dispute, MitramCares records shall be binding as the conclusive evidence of the transactions carried out through use of MitramCares Services.
MitramCares shall send all customer communications by SMS and/or email and they shall be deemed to have been received by You after they have been submitted for delivery to the SMS/email service providers.
Agree to receive all commercial messages including transactional messages from MitramCares.
To use the MitramCares Services in good faith and in compliance with all applicable laws and regulations.
You would be solely responsible for payment of any taxes, duties or other governmental levies or any financial charges that may be imposed on any actions arising from online transactions on the MitramCares Platform.
Ensure that the MitramCares Services are not used for transactions in foreign currency, unless permitted for any MitramCares Service.
SCHEME OF WORKING OF THE MITRAMCARES APP
The MitramCares App is a personal digital health and well-being assistance APP aimed to assist particularly the elderly in their health care management routine.
The Platform offers the Users to create an account and thereafter choose the language they wish to use and communicate with the MitramCares system
The MitramCares System, empowered by AI, encourages the Users to communicate with it in a conversational tone, basis which it offers non-sensitive and non-prescriptive solutions to the Users.
The conversational patterns between the Users and the MitramCares System allows the system to personalise suggestions and recommendations to the particular User
Basis the conversational patterns, the MitramCares system recommends and interacts with the Users to provide daily task reminders, health care management reminders and lifestyle convenience recommendations
It is to be noted that, IF ANY, at all times a prescriptive or a suggestive recommendation shall be provided only by a Human personnel working with the MitramCares Platform. The AI based conversational insights shall equip the Human Personnel working with MitramCares to offer specific and bespoke actionable insights to the Users.
To prevent any misuse or mischief by non-serious Users and not guarantee the smooth working of MitramCares App and Platform, the service shall be strictly limited to only ONE USER per ACCOUNT, with an upper limit to the number of prompts per day i.e. number of times a User can interact with the MitramCares System in a day through the use of voice commands. The upper limit is purely the discretion of MitramCares and shall be subject to revision from time to time.
CONSENT TO USE DATA FOR GENERATIVE ARTIFICIAL INTELLIGENCE
The Users hereby acknowledge that MitramCares is powered by an Artificial Intelligence system that is designed to recognize patterns in the conversation and learn the patterns thereto and thus generate an answer based on the learnings of the patterns.
To power the system to provide better assistance to its Users, the MitramCares System encourage its Users to talk to it as often as possible from which it can be equipped with sufficient data to provide personalised interactions and recommendations to its Users.
The Users hereby acknowledge, agree and consent to use all their conversational data with the System to provide better and personalised interactions with them.
At all points the recommendations so made by the MitramCares System shall only be non-sensitive and non-prescriptive. Any prescriptive suggestions that requires any specific action from the Users shall ONLY be made by Human Personnel or relationship managers of the Platform.
LINK OR UNLINK A PAYMENT METHOD
You can link or unlink certain payment methods such as a debit card, credit card, or bank account to your MitramCares account. Please keep your payment method information current (e.g. credit card number and expiration date). If this information changes, you may update it using information and third party sources available to you without any action on our part.
MAKING PAYMENTS
MitramCares Platform offers only Subscription based offerings that are elucidated below. The Users are urged to take note that the subscription price and the offerings are subject to revision from time to time without any prior notice to the Users.
The offerings and the Subscriptions are as follows-
Silver Package Priced ______ INR
The silver package offers the following services –
Conversational Bot in your selected language for friendly assistance
Daily Reminder service,
Access to premium sessions for maintaining health and well-being,
Digital Notes and documents
Gold Package Priced _______ INR
The gold package offers the following services –
Conversational Bot in your selected language for friendly assistance
Daily Reminder service,
Access to premium sessions for maintaining health and well-being,
Digital Notes and documents
Lifestyle Convenience providing ease, comfort, and simplicity in availing periodic services such as grocery, travel, medicines, maintenance, etc. through the use of third-party digital apps.
The above subscriptions are billed on a monthly basis. However, there are options to pay quarterly and yearly as well, subject to the convenience of the Users.
CANCELLATION OF SUBSCIPTION OR REFUND
For information on MitramCares’s cancellation and refund terms, please check out our Refund Policy. The terms of cancellation and refund are as follows:
New Subscription Refund: All Users are provided a free-trial during which they can experience the App and the Service of MitramCares. In case You do not wish to continue , you can delete your account or you can intimate MitramCares at the following email address (support@mitramcares.com) during for a no-questions-asked cancellation
Please Note the request for cancellation shall be entertained only under the following conditions-
User is not satisfied with the services or decides to stop using the service.
No request for refund shall be entertained if-
The user has installed the app on unsupported devices or network where the usage of the APP is severely impacted
The User has tried to tamper with the APP and has reported fabricated issues claiming for refund
The User has tried to use the APP in an unintended manner and reported false allegations about the platform / services
The User is not satisfied with the services provided by the partner services (counsellors/ therapist/third party apps)
COMMUNICATION
MitramCares and MitramCares entities may communicate with you on the contact information that you may have provided to Us during the course of your engagement, including but not limited to signup, transacting or availing any third party products or services on MitramCares Platform.
We will send you communication alerts via emails or SMS or push notifications or via other progressive technology. You also agree that there can be disruption in communications due to factors that are not under Our control, including but not limited to Your Phone being switched off, incorrect email address, network interruptions. You agree not to hold MitramCares liable for non-delivery for any alert or any loss suffered by you due to delay, distortion or failure of communication.
You further acknowledge that you are responsible for the contact details shared with Us and shall update us on any change on your contact details. You authorize Us to contact you and communicate with you for any MitramCares Service or Offer(s). We may use third party service providers to send alerts or communicate with you. You authorize MitramCares and MitramCares Entities to override the DND settings to reach out to you over calls, SMS, emails and any other mode of communication.
INTELLECTUAL PROPERTY RIGHTS
Intellectual Property Rights for the purpose of this Terms of Use shall always mean and include copyrights whether registered or not, patents including rights of filing patents, trademarks, trade names, trade dresses, house marks, collective marks, associate marks and the right to register them, designs both industrial and layout, geographical indicators, moral rights, broadcasting rights, displaying rights, distribution rights, selling rights, abridged rights, translating rights, reproducing rights, performing rights, communicating rights, adapting rights, circulating rights, protected rights, joint rights, reciprocating rights, infringement rights. All those Intellectual Property rights arising as a result of domain names, internet or any other right available under applicable law shall vest in the domain of MitramCares or MitramCares entities as the owner of such domain name. The Parties hereto agree and confirm that no part of any Intellectual Property rights mentioned hereinabove is transferred in the name of User and any intellectual property rights arising as a result of these presents shall also be in the absolute ownership, possession and Our control or control of its licensors, as the case may be.
All material on this MitramCares mobile application, including conversational data recommendations, images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights of MitramCares, MitramCares Entities or Business Partners. Material on Website is solely for Your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other platform or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited.
The Users consent that MitramCares may assign and/or sub-license the above license to any of its affiliates and successors without any further approval by the Users.
We do not have any obligation to store Your Content - if it’s important, you should make a copy, so that we can prevent the unconsented use of Your Content by other members or third parties outside the MitramCares Platform.
PRIVACY
For information about how the MitramCares collects, uses, and shares your personal data, please check out our Privacy Policy. By using MitramCares services, you acknowledge that we may use such data in accordance with our Privacy Policy.
SUSPENSION/TERMINATION OF ACCOUNT
You agree that MitramCares at its sole discretion may terminate your contract without prior notice and restrict your access to MitramCares application if We determine that You have violated the terms of use or used the MitramCares platform for any activities prohibited under any local law in force at that time and upon enquiry it is found that you are in breach and You consent that in case MitramCares suffers losses, not limited to monetary losses, due to Your actions, We can take injunctive relief or any other legal action as deemed necessary within the said circumstances and MitramCares is not liable for any loss to You due to termination.
LIABILITY FOR ACTIONS ARISING FROM A.I. GENRATED RECOMMENDATIONS
You fully acknowledge that MitramCares is powered by an Artificial Intelligence system (MitramCares System) that interacts with the Users in a conversational tone, recognises patterns and generates suggestions based on such patterns. As is acknowledged, the Generative AI system, like most evolving technologies is not perfect. Further, MitramCares only uses the technology that is already available in Open Source and hence does not vouch for its accuracy or consistency. However, MitramCares endeavours to undertake best efforts to leverage the technology to the best use and interest of the You, the User.
You the User acknowledge and recognize that the A.I. System (MitramCares System) provides answers that are only suggestive and are not directive or mandatory. The final discretion lies with You the User on acting upon any suggestion presented by the MitramCares System. So, You are advised to exercise all due wisdom and diligence before undertaking any action, pursuant to a suggestion presented by the MitramCares System. Therefore, in no event, shall any liability arise from any action undertaken by You pursuant to a suggestion presented by the MitramCares System.
LIABILITY ARISING OUT OF THIRD-PARTY TRANSALTION ERRORS
MitramCares App endeavours to make its services available to its Users in multiple languages, which are revised and updated from time to time. MitramCares hereby states that it uses third party Apps and systems to translate the conversations and prompts input by the User. MitramCares does not represent nor vouch for the accuracy, consistency or the integrity of such third-party translation services. MitramCares only endeavours to use the available paid or free resources to leverage the best value for its Users.
LIMITATION OF LIABILITY
Financial and non-financial transactions performed by You on MitramCares Platform is always processed by You or under Your exclusive authorization.
In no event will MitramCares be liable for any indirect, consequential, incidental, special or punitive damages, including without limitation damages for loss of profits or revenues, business interruption, loss of business opportunities, loss of data or loss of other economic interests, whether in contract, negligence, tort or otherwise, arising from the use of or inability to use the Services, however caused and whether arising in contract, tort, negligence, warranty or otherwise, exceed the amount paid by You for using the Services giving rise to the cause of action or Rupees FIVE THOUSAND INR (Rs. 5000 INR) whichever is less.
Further, MitramCares shall also not assume any liability for any incident or deficiency on service or otherwise to an injury or damages that the Users may encounter, suffer or get subjected to for whatsoever reason for any recommendations or suggestions offered by the MitramCares System. The Users must further note that they have consented to the use of MitramCares System, which is Generative AI system and that MitramCares neither guarantees the accuracy or the consistency of the system as it is an evolving area of technology and is prone to errors. Therefore, You agree and acknowledge that no claim shall be lie from any liability that may arise from any grievance against the MitramCares System.
THRID-PARTY SERVICES
In addition to the above represented services, MitramCares endeavours to bring in third-party services to add value to its Users. The Third-Party services so provided as provided on an “as-is” basis through Application Programming Interfaces or Feeds that are publically available. Mitram Cares does not vouch for the authenticity or accuracy of such add-on services provided on its Platform.
INDEMNIFICATION
You shall indemnify and hold harmless MitramCares, MitramCares Entities, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of Your breach of this Terms of Use, privacy Policy and other Policies, or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.
FORCE MAJEURE
A Force Majeure Event shall mean any event that is beyond the reasonable control of the MitramCares and shall include but not limited to war, riots, fire, flood, acts of God, explosion, strikes, lockouts, slowdowns, prolonged shortage of energy supplies, Pandemic, computer hacking, unauthorized access to computer data and storage devices, computer crashes ,acts of state, governmental, legal or regulatory actions prohibiting or impeding MitramCares or MitramCares Entities from performing its respective obligations under the contract.
DISPUTE, GOVERNING LAW AND JURISDICTION
This Agreement and the rights and obligations thereunder and the relations of the parties and all matters arising under or in connection with this Terms of Use, including the construction, validity, performance or termination thereunder, shall be governed by and construed in accordance with the laws of the Republic of India. Subject to and without prejudice to the amicable settlement, the courts in PUNE shall have exclusive jurisdiction to try and adjudicate all matters arising in connection with your use of the MitramCares Services or other matters covered herein.
Disputes or differences or concerns if any should be raised within 30 days of happening or non-happening of an event related to MitramCares Services, except in case of unauthorised transactions on Your MitramCares account, which shall be reported by You as soon as You identify the issue and investigation for such disputes is subject to terms of use i.e. this agreement.
ARBITRATION
Any and all disputes or disagreements arising between the parties out of this agreement upon which an amicable understanding cannot be reached within 30 days (MitramCares and the aggrieved User shall make all best efforts to resolve the dispute within 30 days, failing which they shall resort to arbitration as mentioned under this clause) shall be decided by arbitration in accordance with the procedural rules Arbitration and Conciliation Act, 1996.
Any dispute, controversy or claim arising out of or relating to this contract, or the breach, termination or invalidity thereof shall be settled by arbitration in accordance with the Arbitration and Conciliation Act, 1996.
The Users and MitramCares (“Parties”) agree that the arbitration proceedings shall be conducted by way of submission of written pleadings, documents and submissions made by the parties without any oral hearing.
The Parties agree that the written pleadings will be submitted to the Sole arbitrator appointed by MitramCares and aggrieved User who will resolve the dispute and differences hereunder by fast track procedure.
The arbitrator shall take a decision in a time bound manner after considering only such written arguments. The decision or award so given by the Arbitrator shall be binding on the parties hereto. In case, one of the parties does not take part in the arbitration proceedings and/or obstruct the arbitration proceedings, the Arbitrator shall pass ex parte order which would be enforceable on both the parties.
DISCLAIMERS
As part of this continual innovation and improvement, we sometimes may add or remove features and functionalities, increase, or decrease limits to our MitramCares Services, start offering new services or stop offering old ones on MitramCares Platforms. Such offering can also be due to discontinuation of any service or offering on MitramCares Platform by third party service providers or business partners.
We may record or monitor Our conversations with You for records and monitoring quality of our conversations.
Any content downloaded or otherwise obtained through the use of our Platform is done at your own discretion and risk, and We cannot confirm that such documents or contents are error or virus free and You understand and acknowledge that you are solely responsible for any damage to your devices, for any loss of data that may result from the download of such contents.
Except as expressly provided herein and to the full extent permitted by law, the MitramCares Services are provided "as is", "as available" and "with all faults" and we do not guarantee the accuracy or compatibility of any recommendations provided by the MitramCares System the Platform. All such warranties, representations, conditions, undertakings and terms, whether express or implied, are hereby excluded. It is Your responsibility to evaluate the accuracy, completeness and usefulness of the MitramCares Services and other information provided by MitramCares or generally available. We do not authorize anyone to make any warranty on our behalf and You should not rely on any such statement.
If you have a dispute with other parties, you release MitramCares (and our affiliates and officers, directors, agents, and employees thereof) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
SUPPORT AND GRIEVANCE HANDLING
MitramCares endeavours to provide the best service to its Users for a satisfying experience. Notwithstanding our best efforts, should you have need any further support or report any grievance, you can write to support@mitramcares.com and the same shall be acknowledged and replied to within 48 Business hours.
