Babyready - Terms And Conditions

Terms of Service

Effective as of 20th June 2021

Kindly read these Terms of Use carefully before using the Website/Site at: babyready.app. and/or Mobile Applications for "Babyready" available for download on Play Store for Android Devices and on App Store for iOS Devices respectively and operated by K. M. GLOBAL CREDIT PRIVATE LIMITED ("Company").

By creating an account or accessing or using the babyready app, you acknowledge that you fully accept and agree to be bound by the terms of this agreement and consent to our usage of information as outlined in our Privacy Policy. If you disagree with any part of the terms, then do not use our website and/or Mobile Application.

You must be at least eighteen (18) years of age to use this website. By using this website and/or Mobile Applications; and by agreeing to these terms of use, you warrant and represent that you are at least eighteen (18) years of age. This website and/or Mobile Application uses cookies. By using this website and agreeing to these terms of use, you consent to Babyready's use of cookies in accordance with the terms of our Privacy Policy.

GENERAL

The information, material and content provided in the pages of the Website (the “Information”) may be changed at any time without prior notice.

Information provided on the Website/App is believed to be reliable when posted, but there is no guarantee that it is accurate or complete or current at all times. The Website/App is a resource for informational purposes only and is intended, but not promised or guaranteed, to be correct, complete, and up to date. Babyready does not warrant that the information contained on this Website/App is accurate or complete, and hereby disclaims any and all liability to the User or any other person for any loss or damage caused by errors or omissions, regardless of whether such errors or omissions result from negligence, accident or any other cause. Further, Babyready assumes no liability for the interpretation and/or use of the information contained on this Website/App, nor does it offer a warranty of any kind, either expressly or impliedly.

Babyready does not intend that the links from this Website to other internet websites, be considered referrals to, endorsements of, or affiliations with the linked entities. Babyready is not responsible for and makes no representations or warranties (i) the contents of the websites to which links may be provided from this Website, or (ii) other such websites or links may be active or always available.

Babyready reserves the right at any time, without previous notice, to add, alter, modify, change or vary all or any of these Terms.

SERVICES

Babyready site and/or Mobile Application, allows participating Licensed Healthcare Providers to communicate with patients (“Patients”) to provide health care services online and perform virtual calls (the “Services”). We are not a medical service provider, health insurance Babyready, or licensed to sell health insurance.

To the extent medical advice and/or diagnosis provided to you by Online Healthcare Provider through the Services, such medical advice and/or diagnosis is based on your personal health data, information and symptoms as provided by you to the Healthcare provider at the time of your virtual call. The medical advice provided by your healthcare provider is not under any control of the Babyready, nor is it provided to or used by the Babyready in any form.

You understand and agree that prescriptions if provided by Online Healthcare Provider are limited in type and duration, and you agree not to use Babyready to request prescriptions for any medications or for any duration not permitted by law in any manner or form.

Our Services may be interrupted, including for maintenance, repairs, upgrades, updates or network or equipment failures. We may discontinue some or all of our Services, including certain features and the support for certain devices and platforms, at any time. Events beyond our control may affect our Services, including but not limited to events in natural events and other force majeure events.

OWNERSHIP OF INTELLECTUAL PROPERTY INCLUDING TRADEMARK

All right, title and interest in usage of the terms Babyread.com, Babyready including but not limited to all texts, graphics, user interfaces, visual interfaces, computer code and any other information associated therewith are reserved by us.

All right, title, and interest in and to the Services (excluding your Content) are and will remain the exclusive property of the Babyready. Any use of this Website/ App or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of the Babyready.

By accepting the use of terms hereunder you agree that the Babyready does not transfer/assign the title to the Website/App to you whatsoever.

Any usage of Babyready’s contents, without the written authorization of Babyready, shall be considered a breach of this Agreement, and you shall be required to indemnify Babyready for all liability incurred in this regard.

USE OF WEBSITE/APP

Subject to compliance with the Terms of Use, the Babyready grants you a non-exclusive, revocable, limited privilege to access and use this website/app. You agree to use the Services of Babyready and the materials provided therein only: (a) for purposes that are permitted by the Terms of Use; (b) for purposes for which the Services are meant to be used; and (b) in accordance with any applicable law, regulation or generally accepted practices or guidelines. You agree not to engage in activities that may adversely affect the use of the Platform by the Babyready/other Users.

You acknowledge and agree that by accessing or using the Platform or Platform Services or Content, you may be exposed to content from others that You may consider offensive, indecent or otherwise objectionable. The Babyready disclaims all liabilities arising in relation to such offensive content on the Platform.

If Babyready allows You to post and upload any material on the website/App, you hereby undertake to ensure that such material is not offensive and is in accordance with applicable laws. All material added, created, uploaded, submitted, distributed, or posted to the website/App by You is Your sole responsibility. The Babyready reserves the right to review any information provided/data uploaded, if any, by You on the Platform and delete any information/data that is inconsistent with these Terms of Use.

Disclaimer to not to use our website and/or mobile applications in case:

  • of any Medical Emergency.
  • for any purposes related to marketing.
  • to transmit or send unsolicited commercial communications.
  • Substituting for health insurance or a primary care doctor or in-person doctor visits.
  • to violate any local, state, national or international law.
  • to gain or attempt to gain unauthorized access to our website and/or mobile applications.
  • to interfere with or disrupt the integrity or performance of our Services.
  • to create accounts for our Services through unauthorized or automated means.
  • to collect the information of or about our users in any impermissible or unauthorized manner
  • to distribute or make our Services available over a network where they could be used by multiple devices at the same time.
  • that may cause, damage or impairment of the availability or accessibility of the website and/or mobile applications; or in any way which is unlawful, illegal, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
  • in any manner that exceeds the scope of use granted above

MEDICAL SERVICE DISCLAIMER

Babyready is not a licensed medical provider, and the app is not intended to replace professional medical advice or diagnosis, treat or manage any illness or medical condition. Kindly consult a medical provider before making any decision or taking any decision that can affect your health or the health of your family members of the fetus. Because of something that you read on the app, do not disregard professional medical help or don’t even delay in seeking medical help. Consult a healthcare professional as soon as you think you need to seek medical help or even experience any changes in your medical condition. 

PARTICIPATION MODE:

You consent to, agree to and understand to usage of our website and/or mobile applications to participate in a telemedicine / video consultation.

You understand that there are potential risks to this technology, including interruptions, unauthorized access and technical difficulties. Healthcare provider or user can discontinue the telemedicine consult/visit if it is felt that the videoconferencing connection is not adequate for the situation.

User healthcare information may be shared with other individuals for scheduling, billing and customer service or legal purposes.

To use the application, please note that the normal SMS and data charges as applied by your carrier will still apply.

RESTRICTIONS OF USE:

If Babyready provides you with a user ID and password to enable you to access restricted areas of our website and/or mobile applications or other content or services, you must ensure that the user ID and password are kept confidential. Babyready may disable your user ID and password without notice or explanation.

USER INFORMATION/DATA:

In these terms of use, “your user information/data” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to our website and/or mobile applications, for whatever purpose.

You grant to the Babyready a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to the Babyready the right to sublicense these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or the Babyready or a third party (in each case under any applicable law).

You must not share, upload material (including without limitation text, images, audio material, video material and audio-visual material) of any kind that may contain any content or expressions of hate, abuse, offensive images or conduct, obscenity, pornography, sexually explicit, medically inappropriate, or any material that could give rise to any civil or criminal liability under applicable law or regulations.

You must not submit any user content to our website and/or mobile applications that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

Babyready reserves the right to edit or remove any material submitted to our website and/or mobile applications, or stored on servers, or hosted or published upon our website and/or mobile applications.

Notwithstanding, Babyready's rights under these terms of use in relation to user content, Babyready does not undertake to monitor the submission of such content to, or the publication of such content on our website and/or mobile applications.

USER RESPONSIBILITY

You agree that the information you provide during your registration or at any other time while using or accessing our service on our mobile application or Site including but not limited to your name, email, password, country and certain other information (collectively “Account Information”) is true, accurate, current and complete.

You agree not to transfer or share your account password with anyone or create more than one account for the use of our Services.

The Babyready reserves the right to take any and all action, as it deems necessary or reasonable, regarding the security of the Site and your Account Information and to prevent fraud.

While using Babyready Site and/or Mobile Applications, you agree to meet the system requirements, including but not limited to having the required device, operating system, internet connection as well as any and all other requirements needed for us to perform our services.

If you are a Patient, you accept full and complete responsibility for yourself in the use of the Services. You acknowledge that your relationship for health care services on our Site and/or Mobile Applications is with your Healthcare Provider. You understand as well as fully and completely accept that obtaining services through the Babyready's Site and/or Mobile Applications, from the Healthcare Provider is solely at your own risk and you assume full responsibility for all risk associated therewith, to the extent permitted by law. By using the Service, you agree to not hold the Babyready liable in any way for any malpractice or substandard treatment the Healthcare Provider may render.

We do try and confirm the credentials of Healthcare Providers using our Services and do try to validate that they are in good standing with their respective licensure board(s). However, it is the patient's responsibility to separately confirm that a healthcare Provider is in good standing with his or her respective licensing board(s) at the time of using the Service.

The Healthcare Provider accepts full and complete responsibility for their Patients as well as themselves in the use of this Service. Healthcare Provider are completely responsible for the quality of the services provided during your use of the Service and for complying with all applicable laws in connection with their use of the Service. Healthcare Provider are completely responsible for obtaining their respective local licenses and certifications which may be required to practice their profession when using this Service and further restrain themselves from malpractice and liability insurance in compliance with regulatory and local requirements.

The Healthcare Provider shall be responsible for obtaining Patient consent if required by law and complying with any and all privacy laws applicable to the use of this Service with your patients.

Babyready has established reasonable safeguards and procedures to protect the security of patient information, the Healthcare Provider must also take steps to protect privacy and confidentiality of their patients.

The Healthcare Provider may register to participate as healthcare experts in the use of this Service. Healthcare Provider whose licenses are or become suspended or revoked, for any reason whatsoever, are not permitted and agree not to participate in any way in the use of Service including but not limited to submitting content to Babyready as Medical Expert.

COMMUNITY FEATURE

Community features on the website/app is one of the special highlights of the application, which allows women to communicate with each other over a range of topics ranging from fertility to overall women’s health and others. All the comments can be posted through your user profile with your name and profile picture, and you can also post them anonymously. You agree that on deleting accounts, your comments will still be visible to other users in the community.

Being a member of the babyready community, you should refrain from:

  • Providing any medical advice or claiming to be a professional medical practitioner
  • Promoting illegal activities
  • Leaving comments that are rude, insulting, harassing, religious, racist, political, offensive, non-tolerant or offensive in nature
  • Posting abusive, obscene, pornographic, infringing, sexually explicit images or any other materials
  • Advertise any kind of product or services.

Babyready reserves right to:

  • Delete any inappropriate or irrelevant information, images or materials that you may post,
  • Delete or modify comments containing personal data such as name, email address, phone number or any contact details,
  • Restrict or ban access to community without any notice if we determine that the content you are posting is in violation with the terms of this agreement,
  • Block your comments for reasons we think appropriate or moderate them if we think they are inappropriate in nature,
  • Disable the community feature anytime, without any notice,
  • Copy, use, modify, move, change, publicly display and distribute comments, materials and discussions.

 

Any information posted on the community chat is not to be considered as advice, drug prescription or suggestion on the line of treatment. In case you are facing any health issue, connect with a health professional right away. It is important that you keep in mind that the members of the babyready community are not healthcare professionals, and their recommendations may not only be inaccurate but can also be harmful to your health and well-being.

NO WARRANTIES

Our website and/or mobile applications are provided “as is” without any representations or warranties, express or implied. The Babyready makes no representations or warranties in relation to our website and/or mobile applications or the information and materials provided on our website and/or mobile applications.

Babyready does not warrant that our website and/or mobile applications will be constantly available, or available at all; or that our services are fit for a particular purpose, title, non-infringement, and free from computer/mobile device virus or other harmful code; or the information on our website and/or mobile applications is complete, true, accurate or non-misleading. Nothing on our website and/or mobile applications constitutes, or is meant to constitute, advice of any kind.

The Babyready does not control, and is not responsible for, controlling how or when our users use our services or the features, services, and interfaces our services provide. The Babyready is not responsible for and is not obligated to control the actions or information (including content) of our users or other third parties.

Our Service may contain links to third party websites or services that are not owned or controlled by the Babyready.

Babyready has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. You further acknowledge and agree that Babyready shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.

PAYMENT POLICY

You agree to pay all fees or charges in accordance with the fees, charges due and payable. The Babyready's fees or charges are net of any applicable taxes and you will be responsible for payment of any and all such taxes and any related penalties applicable if subject to such taxes in any applicable jurisdiction.

You agree to indemnify Babyready for any liability or expense incurred in connection with any such taxes. Babyready may automatically charge and/or withhold such taxes for services to be delivered within any jurisdictions that it deems is required. Unless otherwise agreed to by Babyready in writing, all fees paid are non-refundable. Your credit card information and other financial data needed to process your payment are collected and may be stored by third party payment processors, and we may collect some information. The use of your data by any such third-party payment processors is subject to their privacy policies. Babyready reserves the right, without notice, to modify, change, terminate, or suspend service for a subscription plan you are on if, for any reason, payment for such plan is not made or cannot be processed on the due date.

REFUNDS POLICY

Unless otherwise provided by law or by a particular Service offer, all purchases are final and non-refundable. If you believe that Babyready has charged you in error, you must contact us within 10 days of such charge. No credits will be given for any charges more than 10 days old. We reserve the right to issue credits at our sole discretion. If we issue a credit, we are under no obligation to issue the same or similar credit in the future. It is clarified that this refund policy does not affect any statutory rights that may apply to the parties.

You will be ineligible for a refund of any type; if at any time, you have behaved inappropriately or used inappropriate language.

You are responsible for monitoring your financial accounts and statements, and Babyready is not responsible for any charges actually or allegedly not authorized by any account holder.

CANCELLATION POLICY

You may cancel a previously booked appointment at any time subject to such cancellation is within 72 hours of the actual booked appointment. Any cancellation post 72 hours will be charged to the full and will be completely non-refundable.

Cancellation prior to 72 hours of the actual booked appointment will be credited back in the form of payment link sent to the registered Email ID of the Primary Account Holder. The E-Coupon so generated will be valid for a single time future use for a consultation with the same price as the initially booked appointment. The amount cannot be transferred to any other users except for the Primary Account Holder.

Cancellation within 72 hours of the actual booked appointment for a Second Opinion will be charged to the full and will be completely non-refundable.

TERMINATION

The Babyready reserves right to modify, suspend, or terminate your access to or use of our Services anytime for any reason, such as if you violate the letter or spirit of our Terms of use, or create harm, risk, or possible legal exposure for us, our users, or others. All remaining provisions of these Terms of Use, shall remain in full force and effect.

INDEMNITY

You agree to defend, indemnify, and hold Babyready, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or damages, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Use.

 

 

LIABILITY

The use of the Website, Mobile Application's Services and Content is at your own risk.

When using our Website and/or Mobile Applications, information will be transmitted over a medium that may be beyond the control and jurisdiction of the Babyready. Babyready assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of our Website and/or Mobile Applications.

Babyready Website and/or Mobile Applications, and the content are provided on an "as is" basis.

Babyready, to the fullest extent permitted by law, disclaim all warranties, either express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties' rights, and fitness for particular purpose.

The Babyready makes no representations or warranties in respect of the accuracy, reliability, completeness, correctness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the Babyready Site and/or Mobile Applications.

The Babyready makes no representation for satisfaction of any government regulations requiring disclosure of information on products or services or the approval or compliance of any software tools with regard to the Content contained on the Babyready Site and/or Mobile Applications.

The Babyready shall not be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the Babyready Site, Mobile Applications or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not Babyready, or any third parties associated with Babyready are advised of the possibility of such damages.

Babyready shall be liable only to the extent of actual damages incurred by you, not to exceed INR INR 5000 (Indian National Rupee Five Thousand Only) Babyready, or any third parties associated with Babyready are not liable for any personal injury, including death, caused by your use or misuse of the Site, Mobile Applications, Content, or Public Areas of the Site and/or Mobile Applications.

CLAIMS

Any claims arising in connection with your use of the Site, Mobile Applications, any Content, or the Public Areas must be brought within one (1) month of the date of the event giving rise to such action occurred. Remedies under these Terms of Use are exclusive and are limited to those expressly provided for in these Terms of Use.

ASSIGNMENT

The Babyready may transfer, sub-contract or otherwise deal with Babyready's rights and/or obligations under these terms of use without notifying you or obtaining your consent. You agree not to transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms of use.

 

JURISDICTION

Any dispute or claim involving Babyready or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers including these terms of use shall be governed by the laws of the State of Maharashtra, India without regard to its conflict of law principles to the contrary.

VALIDITY OF TERMS

If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.

No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such terms or conditions or any other terms or conditions.

NOTICE TO BABYREADY

If you believe any materials accessible on or from the Site and/or Mobile Application infringe your copyright, you may request removal of those materials (or access thereto) by contacting Babyready and providing all your details and necessary details of infringement.

COMPLETE AGREEMENT

Except as expressly provided by Babyready, these Terms of Use, our Privacy Policy and our Disclaimer constitute the entire agreement between you and Babyready with respect to the use of the Babyready Website, Content and Mobile Applications.

CHANGES AND REVISIONS

We reserve the right, at our sole discretion, to modify or replace these Terms of Use at any time. If a revision is material we may try to provide notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

CONTACT US:

If you have any questions about these Terms of Use, please contact us by filling in details in our Contact Us form available on our website: www.babyready.app. or by mailing us with details at: babyready, Surya Mahal 4th Floor 5 Burjorji, B Bharucha Rd, Mumbai, Maharashtra 400001 or by emailing us at business@babyready.app or by phone at +91 9867734754.