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Terms and Conditions

This document is an electronic record in terms of the Information Technology Act, 2000 (“IT Act, 2000”), and is governed by the terms of the Contract Act, 1872, IT Act, 2000, the rules made there under, and the amended provisions pertaining to electronic records in various other statutes, as amended by the IT Act, 2000. This electronic record is generated by a computer system and it does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011, which requires publishing the rules and regulations, privacy policy and terms of service for the access or usage of CuraPod (“Device)” and [●] (“App”) by the users.

The Device and the App are owned and operated by LiteMed India Private Limited (“LiteMed”, “we”, “us” or “our”), a company incorporated under the Companies Act, 2013, having its registered office at Plot No. 8, Flat No. 301, Sai Krupa Enclave, Sai Ram View, Opposite Chicken Basket, Near Ghanshyam Super Market, Khajaguda, Rangareddi – 500089, Telangana, India.

LiteMed is a MedTech Company that specialises in the research and development of non-invasive medical devices using light as an innovative tool to deliver health and wellness to individuals. A license to view the Content (defined below) is granted by LiteMed to the end-users through the website.
Please read these Terms and Conditions fully and carefully before using the App, Device and the services, features, content or applications maintained by LiteMed.

The user shall be deemed to have accepted and agreed to the following terms and conditions upon users usage of the website https://litemed.co.in/about-us/. These terms and conditions may be revised or modified any time by LiteMed without any prior notice to the users.

1. USE OF DEVICE AND APP
This device is intended for use by individuals for pain management. It is not intended to diagnose or treat any medical condition and should not be used as a substitute for professional medical advice. Always consult with a licensed healthcare provider before making any changes to your healthcare regimen. Further, the following terms and conditions shall govern user’s access and use of this device and the App thereto.

2. USE OF THE DEVICE AND APP IS SUBJECT TO FOLLOWING CONDITIONS
i. Unauthorized use of the App and/ or Device may result in suspension of user account, a claim for damages and/or result in criminal or civil penalties.

ii. User agree to make use of the App and Device in accordance with these terms and conditions and expressly agree not to use any other medium other than what is prescribed by us.

iii. Using our App and Device does not give the user ownership of any intellectual property rights in our App and Device or the content that user access.

iv. These terms do not grant the user the right to use any branding or logos used in our App and Device.

v. The usage of the App is only limited for user’s own personal and non-commercial use.

3. ACCEPTANCE OF TERMS AND CONDITIONS
By accessing or using this Device through the App user agree to be legally bound by the all terms and conditions contained or referenced herein or any additional terms and conditions set forth herein. If user does NOT agree to all these terms, then user should NOT use this device.

4. MODIFICATION OF TERMS
These terms and conditions may be amended by LiteMed at any time. Such amended terms and conditions shall be effective upon publishing and/or posting on our website. By continuing to access or use the App and Device after such posting, user will be deemed to have accepted such amendments. User is advised to regularly review all the applicable terms and conditions.

LiteMed reserves the right to discontinue or make changes or updates with respect to the App or the content on the App at any time without notice. LiteMed reserves the right to restrict, refuse or terminate access of any user to the App or any part thereof effective immediately without notice at any time and for any reason whatsoever at its sole discretion.

5. CANCELLATION AND CHANGES
Once user has purchased the Device, user cannot cancel or change it without our written consent.

6. PRIVACY POLICY
Personal information provided or collected through or in connection with this App and/or Device shall only be used in accordance with LiteMed’s Privacy Policy – https://litemed.co.in/privacy-policy/ and these terms and conditions are subject to the Privacy Policy as posted on LiteMed’s website, which can be pursued by the user at their convenience.

7. LIMITATION OF LIABILITY
IN NO EVENT SHALL LITEMED OR ANY OF ITS SUBSIDIARIES, AFFILIATES, PARTNERS, LICENSORS, BRAND LICENSEES OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL OR OTHER DAMAGES RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE ACCESS, USE OF, OR INABILITY TO ACCESS OR USE THE APP AND/OR DEVICE, THE CONTENT OR THE USER CONTENT, EVEN IF LITEMED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES EXCEPT TO THE EXTENT SUCH DAMAGES ARISE AS A RESULT OF FRAUD OR FRAUDULENT MISREPRESENTATION ON THE PART OF LITEMED.

8. THIRD PARTY CONTENT/APP
LiteMed is in no way responsible for the content of any site or application owned by a third party that may be linked to the website via hyperlink, whether or not such hyperlink is provided by the website or by a third party in accordance with the terms and conditions. Any link on our website to another site is not an endorsement of such other site and no judgment or warranty is made with respect to the accuracy, timeliness, or suitability of the content of any site to which the website may link, and we take no responsibility therefore.

Further LiteMed shall not be responsible for the third party content accessible through the App, including advertisement, opinions, advice and statements, and user shall bear all risk associated with the use of such content.

The App is made available for use by end users only and any further copying, reproduction or redistribution of the App is expressly prohibited. DISCLAIMER AND WARRANTIES, IF ANY, WITH RESPECT TO SUCH APP AND DEVICE SHALL ONLY APPLY AS EXPRESSLY SET FORTH IN THE APPLICABLE DISCLAIMER AND WARRANTIES OF LITEMED. LITEMED HEREBY EXPRESSLY DISCLAIMS ALL FURTHER REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE OR NON-INFRINGEMENT WITH RESPECT TO THE DEVICE AND/OR APP.

9. INTELLECTUAL PROPERTY
All information, content or material displayed on the website and App are LiteMed’s intellectual property and are protected by copyright, patent and trademark laws, and various other intellectual property rights. User is not permitted to use the intellectual property without the prior consent of LiteMed.

10. INDEMNIFY
User agrees to indemnify, defend and hold LiteMed harmless from and against all losses, damages, liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to user’s use or misuse of the content and services provided on the website and App, violation of these terms and conditions, or infringement by the user, or by any third party using user’s account or identity in the App, of any intellectual property.

11. TERMINATION
We may terminate the user’s access to the App and Device at any time, with or without cause and notice, effective immediately, which may result in the forfeiture and destruction of all information associated with user’s membership. If user wishes to terminate his/her account, he /she may do so by following the instructions on the App. Any fees paid hereunder are non-refundable. All provisions of these terms and conditions which by their nature should survive termination shall survive termination, including, without limitation, indemnity and limitations of liability.

12. GOVERNING LAW AND JURISDICTION
These terms and conditions shall be governed by and construed in accordance with the laws of India. user agree that any dispute arising from or relating to the subject matter of these terms and conditions shall be governed by the exclusive jurisdiction of courts situated at Hyderabad, Telangana, India.

13. SEVERABILITY
If any provision of these terms and conditions is held to be invalid or unenforceable, then the invalid or unenforceable provision shall be ineffective only to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof and will be replaced by a valid,enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall be enforced.

14. NO WAIVER
LiteMed’s failure to exercise any rights under the terms and conditions is not a waiver of LiteMed’s rights to damages for user’s breach of contract and is not a waiver of any subsequent breach. Only a specific, written waiver signed by an authorized representative of LiteMed shall have any legal effect whatsoever.

15. HEADINGS
The headings of the sections of the terms and conditions are inserted for convenience only and shall not constitute a part hereof or affect in any way the meaning or interpretation of the terms and conditions.