Terms and Conditions of www.sphecho.com
Terms and Conditions –
Effective date: December 3, 2022
These Terms and Conditions of Use (“Terms and Conditions” or “Agreement”) constitutes an agreement between M/s SPHECHO with brand name SPHECHO (“SPHECHO” or “we” or “us” or “our”), which manages and operates this platform available at{' '} www.sphecho.com {' '} (“Platform”) and a natural or legal person (“user” or “you” or “your”) who accesses and/or uses the Platform in any manner or uses any current or future service or functionality or offer made available on the Platform, as updated from time to time.
1. General Terms
Please read this document carefully before accessing or using our
Platform (webpage and/or application). These Terms and Conditions
specifically govern your access and use of the Platform. By accessing
or using this Platform, you are expressly agreeing to be bound by
these Terms and Conditions, all applicable laws and regulations, and
agree that you are responsible for compliance with any applicable
local laws. If you do not agree with any of these Terms and
Conditions, you are prohibited from using or accessing this Platform.
If you do not understand these Terms and Conditions, contact us. The
materials contained in this Platform are protected by applicable
intellectual property laws.
We may modify this Agreement at any time without individual, specific
notice to you, and such modifications shall be effective immediately
upon posting of the modified Agreement on our Platform. You agree to
review the Agreement periodically to be aware of such modifications
and your continued access or use of our Platform after such notice
shall be deemed your conclusive acceptance of the modified Agreement,
including any and all additions, deletions, or other changes. By using
this Platform, you agree to be bound by the most current version of
these Terms and Conditions as published on the Platform.
You declare that you are over the age of 18 and having the legal
capacity or holding a parental authorization allowing you to access
the Platform.
2. Account Registration
In order to avail the Services on the Platform and to use features of
the Platform, you must set up an account with the Platform and provide
certain information about yourself as prompted by the customer
information form, including your name, gender, email address, account
password and mobile number.
You are solely authorized to operate the account created by you.
Consequently, it is your responsibility to maintain the
confidentiality of the log in credentials of your account on the
Platform and for restricting access to your computer/mobile/other
similar devices to prevent unauthorized access to your account. You
agree to not allow others to access your account. You shall remain
solely liable for all the actions undertaken through your account.
You are bound to notify us of any unauthorized use of the account or
any other security breach; and kindly ensure that you log out of your
account at the end of each session.
We, our employees, agents, directors, and officers will not be liable
for any loss or direct or indirect damage arising from your failure to
comply with these Terms and Conditions. You may be held liable for any
losses incurred to us or any other user due to unauthorized use of
their account by you. We reserve the right to refuse access to the
Platform, terminate accounts, remove or edit content at any time
without notice to you.
You agree to provide us with true, accurate, current, and complete
information about yourself, and to keep such information updated. 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.
We do not sell, rent, or exchange any personally identifiable
information that you provide through the Platform with any third party
for commercial reasons. However, we engage trusted online payment
service partners to perform payment processing and authorization
services. Through your use of the Platform, you consent to our
collection and transfer of your information to our payment service
partner websites.
It is your responsibility to keep your email address up to date on
your account setup at the Platform so that we can communicate with you
electronically.
3. Use License
The Platform contains material, including text, graphics and sound
(“Content”), which is protected by copyright and/or other intellectual
property rights. All copyright and other intellectual property rights
in the Content are either owned by us or have been licensed to us by
the owner(s) of those rights so that the Content can be used as part
of the Platform. We retain copyright on all information, including
text, graphics and sound, and all trademarks displayed on the Platform
are either owned by us or licensed to us.
Permission is granted to temporarily download one copy of the
materials (information or software) on SPHECHO’s Platform 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:
Modify or copy the materials:
Use the materials for any commercial purpose, or for any public display (commercial or non-commercial); Attempt to decompile or reverse engineer any software contained on SPHECHO ‘s Platform; Remove any copyright or other proprietary notations from the materials; or Transfer the materials to another person or “mirror” the materials on any other server. This license shall automatically terminate if you violate any of these restrictions and may be terminated by SPHECHO at any time. Upon termination of your viewing of the materials or of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
4. Disclaimer
The materials on SPHECHO’s Platform are provided “as is”. SPHECHO makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, SPHECHO does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Platform or otherwise relating to such materials or on any sites linked to this Platform.
5. Limitations
In no event shall SPHECHO or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on SPHECHO’s Platform, even if SPHECHO or a SPHECHO authorized representative has been notified orally or in writing of the possibility of such damage.
6. Revisions and Errata
The materials appearing on the Platform could include technical, typographical, or photographic errors. SPHECHO does not warrant that any of the materials on its Platform are accurate, complete, or current. SPHECHO may make changes to the materials contained on its Platform at any time without notice. SPHECHO does not, however, make any commitment to update the materials.
7. Links
SPHECHO has not reviewed all of the sites linked to the Platform and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by SPHECHO of the site. When you access a platform from our Platform or course material, please understand that it is independent from our Platform, and that our Platform has no control over the content on that platform. These links are provided solely as a convenience to you and not as an endorsement by our Platform of the contents on such third-party platforms. Our Platform is not responsible for the content of linked third-party platforms and does not make any representations regarding the content or accuracy of material on such third-party platforms. If you decide to access linked third-party platforms, you do so at your own risk. We do not necessarily endorse, recommend, suggest, or otherwise make any overture or prompt for action regarding any product or service offered. Use of any such linked web site is at the user’s own risk.
8. Indemnification
You agree to indemnify, defend and hold harmless the Platform, SPHECHO, its members, officers, directors, employees, agents, licensors, suppliers and any third party information providers to our Platform from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any use of our Platform or violation of this Agreement (including negligent or wrongful conduct), or infringement of any of our or any third party intellectual property or other rights, by you or any other person accessing our Platform.
9. Term and Termination
We reserve the right to investigate complaints or reported violations
of these Terms and Conditions and to take any action we deem
appropriate, including but not limited to reporting any suspected
unlawful activity to law enforcement officials, regulators, or other
third parties and disclosing any data necessary or appropriate to such
persons or entities relating to your profile, email addresses, usage
history, IP addresses and traffic data.
This Agreement and/or the Platform, in whole or in part, may be
suspended or terminated by us without notice at any time for any
reason. The provisions relating to Copyright, License, Use of the
Service and Indemnification shall survive any termination of this
Agreement, in whole or in part.
10. Waiver
No provision in these Terms and Conditions will be deemed waived and no breach excused unless such waiver or consent is in writing and signed by us. Any consent by us to, or waiver of your breach, whether expressed or implied, will not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
11. Severability
If any provision of these Terms and Conditions is held by a court of competent jurisdiction to be unenforceable under applicable law, then such provision will be excluded from these Terms and Conditions and the remainder of these Terms and Conditions will be interpreted as if such provision was so excluded and will be enforceable in accordance with its terms; provided that, in such event, these Terms and Conditions will be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction.
12. Governing Law and Jurisdiction
These Terms and Conditions shall be governed by the laws of India without regard to its conflict of law provisions. In the event of any dispute arising in relation to these Terms and Conditions and/or the Platform, the high court of Kerala shall have exclusive jurisdiction for the resolution of such dispute.
REFUND POLICY
Read our refund policy here.
TERMS FOR USE OF THE ONLINE CONSULTANCY SERVICES
The Platform provides a variety of online services to the users for
rehabilitation services.
You acknowledge that the Experts empaneled with us are independent
contractors and thereby SPHECHO has an independent contractor
relationship with such Experts, and therefore in no event SPHECHO will
be directly or vicariously liable for any advice or consultancy or any
loss arising therefrom that the Experts may provide to you or you may
avail as part of the Services.
The Platform is designed to support the decisions and choices that you
make. These decisions and choices are yours, and we believe that you,
in connection with the advice you receive from your doctor or other
professional healthcare provider, are the best decision maker. We
cannot make decisions for you. However, what we can do is help you
find good information and connect with Experts for in-person
information.
The Services are not for use in medical emergencies or for critical
health situations requiring prompt medical attention. You take full
responsibility for ensuring that the information submitted is accurate
and SPHECHO shall not make any effort to validate any information
provided by you for using the Services with respect to content,
correctness, or usability. We, with an intention to provide the best
services possible, could ask you to share more information as and when
needed.
The inclusion of professionals, specialists and/ or Experts on the
Platform or in any professional directory on the Platform does not
imply recommendation or endorsement and is provided on an ‘as-is’
basis and SPHECHO disclaims all warranties, either express or implied,
including but not limited to the implied warranties of merchantability
and fitness for particular purpose.
SPHECHO (the owners and the employee staff of SPHECHO) accept no
responsibility for any medical, legal or financial events or outcomes
or adverse effects or harm caused to you related to the Services
availed through the use of the Platform or as a result of your
reliance on the Information on the Platform.
SPHECHO makes no warranty that the Services will meet your
requirements, or that the Services will be uninterrupted, timely,
secure, or error free. This includes loss of data, or any service
interruption caused by SPHECHO employees. SPHECHO is not responsible
for transmission errors, corruption of data.
The Platform is for personal use and the Services are for individuals
to use for supporting their personal decisions. You may use the
Platform for personal, but not for commercial, purposes.
The Platform may not be used for illegal purposes. You may not access
our networks, computers, or the Information and Services in any manner
that could damage, disable, overburden, or impair them, or interfere
with any other person’s use and enjoyment. You may not attempt to gain
unauthorized access to any Information or Services, other accounts,
computer systems, or networks connected with the Platform, the
Information, or Services. You may not use any automated means to
access the Platform, the Information, or Services for any purpose.
You may not use another person’s login credentials to access his or
her SPHECHO profile/ account unless expressly permitted to do so by
SPHECHO. Any attempt by any individual or entity to solicit login
information of any other user or Expert or to access any such account
is an express and direct violation of these Terms for Use and of
applicable law(s), including relevant privacy and security laws and
laws prohibiting unfair or unethical business practices. Your right to
use the Services is not transferable.
Notwithstanding anything to the contrary contained herein, you alone
shall be liable for your dealings and interaction with clients or
Experts (as the case may be) contacted or managed through the Platform
and SPHECHO shall have no liability or responsibility in this regard.
SPHECHO does not guarantee or make any representation with respect to
the correctness, completeness or accuracy of the Information or detail
provided by such client, user, Experts, or any third-party through the
Platform. The Services should not be used for emergency appointment
purposes.
SPHECHO may, at its sole discretion, suspend the user’s or Expert’s
ability to use or access the Platform at any time. SPHECHO can edit
profiles of providers to make them more suitable for clients/user’s
searches on the Platform.
Operational address
TELE OUTREACH SERVICES PRIVATE LIMITED
Building no IX-282B ,Kidangoor ,Thuravoor panchayath ,Angamaly,
Ernakulam Kerala India ,683572