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TERMS AND CONDITIONS

YellowSquash is a community-based marketplace for global wellness entrepreneurs (both in services and products). We provide platform and technology to enable sustainable & holistic wellness professionals to be successful, right from generating leads, sales, execution and tracking.

1.NATURE AND APPLICABILITY OF TERMS

Please carefully go through these terms and conditions (“Terms”) and the privacy policy available at https://www.YellowSquash .in/company/privacy (“Privacy Policy”) before you decide to access the Website or avail the services made available on the Website by YellowSquash. These Terms and the Privacy Policy together constitute a legal agreement (“Agreement”) between you and YellowSquash in connection with your visit to the Website and your use of the Services (as defined below).

The Agreement applies to you whether you are -

  1. A medical expert or health care provider (whether an individual professional or an organization) or similar institution wishing to be listed, or already listed, on the Website, including designated, authorized associates of such experts or institutions (“Expert(s)”, “you” or “User”); or
  2. patient, his/her representatives or affiliates, searching for Experts through the Website (“End User”, “you” or “User”); or
  3. Otherwise a user of the Website (“you” or “User”). This Agreement applies to those services made available by YellowSquash on the Website, which are offered free of charge to the Users (“Services”), including the following:
  4. For Experts: Listing of Experts and their profiles and contact details, to be made available to the other Users and visitors to the Website;
  5. For other Users: Facility to (i) create and maintain ‘Health Accounts’, (ii) search for Experts by name, specialty, and geographical area, or any other criteria that may be developed and made available by YellowSquash, and (iii) to make appointments with Experts.

    The Services may change from time to time, at the sole discretion of YellowSquash, and the Agreement will apply to your visit to and your use of the Website to avail the Service, as well as to all information provided by you on the Website at any given point in time.

    This Agreement defines the terms and conditions under which you can use the Website and describes the manner in which we shall treat your account while you are registered as a member with us. If you have any questions about any part of the Agreement, feel free to contact us at support@YellowSquash.in

    This Agreement supersedes all previous oral and written terms and conditions (if any) communicated to you relating to your use of the Website to avail the Services. By availing any Service, you signify your acceptance of the terms of this Agreement

    We reserve the right to modify or terminate any portion of the Agreement for any reason and at any time, and such modifications shall be informed to you in writing You should read the Agreement at regular intervals. Your use of the Website following any such modification constitutes your agreement to follow and be bound by the Agreement so modified.

    You acknowledge that you will be bound by this Agreement for availing any of the Services offered by us. If you do not agree with any part of the Agreement, please do not use the Website or avail any Services.

    Your access to use of the Website and the Services will be solely at the discretion of YellowSquash. The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but not limited to:

  6. the Indian Contract Act, 1872,
  7. the (Indian) Information Technology Act, 2000, and
  8. the rules, regulations, guidelines and clarifications framed there under, 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”).

2.CONDITIONS OF USE

You must be 18 years of age or older to register, use the Services, or visit or use the Website in any manner. By registering, visiting and using the Website or accepting this Agreement, you represent and warrant to YellowSquash that you are 18 years of age or older, and that you have the right, authority and capacity to use the Website and the Services available through the Website, and agree to and abide by this Agreement.

3. TERMS OF USE APPLICABLE TO ALL USERS OTHER THAN EXPERTS

The terms in this Clause 3 are applicable only to Users other than Experts.

3.1 END-USER ACCOUNT AND DATA PRIVACY
  • 3.1.1 The terms “personal information” and “sensitive personal data or information” are defined under the SPI Rules, and are reproduced in the Privacy Policy.
  • 3.1.2 YellowSquash may by its Services, collect information relating to the devices through which you access the Website, and anonymous data of your usage. The collected information will be used only for improving the quality of YellowSquash ’s services and to build new services.
  • 3.1.3 The Website allows YellowSquash to have access to registered Users’ personal email or phone number, for communication purpose so as to provide you a better way of booking appointments and for obtaining feedback in relation to the Experts and their practice
  • 3.1.4 The Privacy Policy sets out, inter-alia:
    1. The type of information collected from Users, including sensitive personal data or information;
    2. The purpose means and modes of usage of such information;
    3. How and to whom YellowSquash will disclose such information; and,
    4. Other information mandated by the SPI Rules.
  • 3.1.5 The User is expected to read and understand the Privacy Policy, so as to ensure that he or she has the knowledge of, inter-alia:
    1. the fact that certain information is being collected;
    2. the purpose for which the information is being collected;
    3. the intended recipients of the information;
    4. the nature of collection and retention of the information; and
    5. the name and address of the agency that is collecting the information and the agency that will retain the information; and
    6. the various rights available to such Users in respect of such information.
  • 3.1.6 YellowSquash shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the User to YellowSquash or to any other person acting on behalf of YellowSquash.
  • 3.1.7 The User is responsible for maintaining the confidentiality of the User’s account access information and password, if the User is registered on the Website. The User shall be responsible for all usage of the User’s account and password, whether or not authorized by the User. The User shall immediately notify YellowSquash of any actual or suspected unauthorized use of the User’s account or password. Although YellowSquash will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of YellowSquash or such other parties as the case may be, due to any unauthorized use of your account.
  • 3.1.8 If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or YellowSquash has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, YellowSquash has the right to discontinue the Services to the User at its sole discretion.
  • 3.1.9 YellowSquash may use such information collected from the Users from time to time for the purposes of debugging customer support related issues.
3.2 RELEVANCE ALGORITHM

YellowSquash's relevance algorithm for the Experts is a fully automated system that lists the Experts, their profile and information regarding their Practice on its Website. These listings of Experts do not represent any fixed objective ranking or endorsement by YellowSquash. YellowSquash will not be liable for any change in the relevance of the Experts on search results, which may take place from time to time. The listing of Experts will be based on automated computation of the various factors including inputs made by the Users including their comments and feedback. Such factors may change from time to time, in order to improve the listing algorithm. YellowSquash in no event will be held responsible for the accuracy and the relevancy of the listing order of the Experts on the Website

3.3 LISTING CONTENT AND DISSEMINATING INFORMATION
  • 3.3.1 YellowSquash collects, directly or indirectly, and displays on the Website, relevant information regarding the profile and practice of the Experts listed on the Website, such as their specialization, qualification, fees, location, visiting hours, and similar details. YellowSquash takes reasonable efforts to ensure that such information is updated at frequent intervals. Although YellowSquash screens and vets the information and photos submitted by the Experts, it cannot be held liable for any inaccuracies or incompleteness represented from it, despite such reasonable efforts.
  • 3.3.2 The Services provided by YellowSquash or any of its licensors or service providers are provided on an "as is" and “as available’ basis, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). YellowSquash does not provide or make any representation, warranty or guarantee, express or implied about the Website or the Services. YellowSquash does not guarantee the accuracy or completeness of any content or information provided by Users on the Website. To the fullest extent permitted by law, YellowSquash disclaims all liability arising out of the User’s use or reliance upon the Website, the Services, representations and warranties made by other Users, the content or information provided by the Users on the Website, or any opinion or suggestion given or expressed by YellowSquash or any User in relation to any User or services provided by such User.
  • 3.3.3 The Website may be linked to the website of third parties, affiliates and business partners. YellowSquash has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through our Website. Inclusion of any link on the Website does not imply that YellowSquash endorses the linked site. User may use the links and these services at User’s own risk.
  • 3.3.4 YellowSquash 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.
  • 3.3.5 If YellowSquash determines that you have provided fraudulent, inaccurate, or incomplete information, including through feedback, YellowSquash reserves the right to immediately suspend your access to the Website or any of your accounts with YellowSquash and makes such declaration on the website alongside your name/your clinic’s name as determined by YellowSquash for the protection of its business and in the interests of Users. You shall be liable to indemnify YellowSquash for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected YellowSquash or its Users.
3.4 BOOK APPOINTMENT AND VIDEO CONSULTATION

YellowSquash enables Users to connect with Experts through three methods: a) Book facility that allows Users book an appointment through the Website; b) Value added video conferencing which connect Users directly through the Website; c) Ask a query directly to the Expert in either a private or a public mode

  • 3.4.1 YellowSquash will ensure Users are provided confirmed appointment on the Book facility. However, YellowSquash has no liability if such an appointment is later cancelled by the Expert, or the same Expert is not available for appointment.
  • 3.4.2 The results of any search Users perform on the Website for Experts should not be construed as an endorsement by YellowSquash of any such Expert. If the User decides to engage with a Expert to seek medical services, the User shall be doing so at his/her own risk.
  • 3.4.3 Without prejudice to the generality of the above, YellowSquash is not involved in providing any healthcare or medical advice or diagnosis and hence is not responsible for any interactions between User and the Expert. User understands and agrees that YellowSquash will not be liable for:
    1. User interactions and associated issues User has with the Expert;
    2. the ability or intent of the Expert(s) or the lack of it, in fulfilling their obligations towards Users;
    3. any wrong medication or quality of treatment being given by the Expert(s), or any medical negligence on part of the Expert(s);
    4. inappropriate treatment, or similar difficulties or any type of inconvenience suffered by the User due to a failure on the part of the Expert to provide agreed Services;
    5. any misconduct or inappropriate behavior by the Expert or the Expert’s staff
    6. cancellation or no show by the Expert or rescheduling of booked appointment or any variation in the fees charged.
  • 3.4.5 Users can provide feedback about their experiences with the Expert, however, the User shall ensure that, the same is provided in accordance with applicable law. User however understands that, YellowSquash shall not be obliged to act in such manner as may be required to give effect to the content of Users feedback, such as suggestions for delisting of a Expert from the Website
  • 3.4.6 Cancellation and Refund Policy
    1. In the event that, the Expert with whom User has booked a paid appointment via the Website, has not been able to meet the User, User will need to write to us at support@YellowSquash.in within five (5) days from the occurrence of such event; in which case, the entire consultation amount as mentioned on the Website will be refunded to the User within the next five (5) to six (6) business days in the original mode of payment done by the User while booking. In case where the User, does not show up for the appointment booked with a Expert, without cancelling the appointment beforehand, the amount will not be refunded, and treated as under Clause 3.4.6. However, where cancellation charges have been levied (as charged by the Expert/Practice), you would not be entitled to complete refund even if you have cancelled beforehand.