TERMS OF USE

The Vayuu.health (owned by Vayoo Enterprises LLP (VEL)) is an aggregator of Third Party health related Services, and all information, content, materials, products (Including software) and other services included on or otherwise made available to you through the Vayuu.health website / Vayuu Mobile App / Offline channels / Help line numbers hereby referred to as CHANNEL and by any other means through Vayuu representatives are provided by VEL on a best effort and “as “and “as available” basis, unless otherwise specified in writing, VEL makes no representations or warranties of any kind, express or implied, as to the operation of VEL services, or the information, content, materials, products (including Software) or other services included (As IS Where IS Basis)

Non-Performance of Contract

You accept and acknowledge the following:

  1. VEL is not responsible for any unsatisfactory, delayed, non-performance or breach of the contract entered into between You and the Third Party Partner OR VEL as a representative of the Third Party for purchase and sale of goods or services offered by such Third Party Partner on the CHANNEL;
  2. VEL cannot and does not guarantee that the concerned Third Party Partner will perform any transaction concluded on the CHANNEL;
  3. The Third Party Operators – Ambulance(s) / Medical Service Providers are solely responsible for ensuring that the Goods and Services offered for use / procurement through the CHANNEL are kept in availability for successful fulfillment of service requests received. Consequently, VEL is not responsible if the Third Party Operator(s) does not satisfy the contract for services which are out of availability, delay or otherwise unavailable, but were shown as available on the CHANNEL at the time of placement of service requirement request by You; and
  4. VEL shall not and is not required to mediate or resolve any dispute or disagreement between You and Third Party Ambulance Agencies/Drivers / Operator. In particular, VEL does not implicitly or explicitly guarantee the services on the CHANNEL
  5. Other Parties accept and acknowledge that VEL shall not be liable for any loss or damage caused to the User including loss of life as a result of delay or default or deficiency or failure in the Services offered by Third Party Operators

VEL doesn’t give any warranty that the website is virus free. It is a known thing that no one can maintain a website virus free completely.

Reliance on any information provided by VEL employees, others appearing on the Site at the invitation of VEL, or other visitors to the Site is solely at your risk

  • In no event shall VEL be liable for, or in connection with, (i) the provision of, or failure to provide, all or any products or service by a Third Party Service Provider to any User; or (ii) any comments or feedback given by any of the Users in relation to the goods ord  services provided by any Third Party Service Providers; or (iii) any content posted, transmitted, exchanged or received by or on behalf of any User, Third Party Service Providers or other person on or through the CHANNEL or any Social Media Platform
  • The Website may be linked to the website of third parties, affiliates and business partners. VEL has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality, security of such websites or made available by/through the Website. Inclusion of any link on the Website does not imply that VEL endorses the linked website. Other Parties may use the links and these services at their own risk.

Cancellation / Termination

Cancellation of ambulance booking/ suspension of Ambulance services, can be done without any prior notice. Such cancellations/ suspension doesn’t Create any type of liability of VEL / app owner, driver, ambulance owner, attendant or anyone else related to this service in any manner.

Force Majeure

Other Parties accept and acknowledge that VEL shall not be liable for any loss or damage caused to the User including loss of life as a result of delay or default or deficiency or failure in the Services during normal operations or as a result of any natural disasters, fire, riots, civil disturbances, actions or decrees of governmental bodies, communication line failures (which are not caused due to the fault of VEL or the Third Party Service Providers), or any other delay or default or deficiency or failure which arises from causes beyond VEL ’s reasonable control (“Force Majeure Event”). In the event of any Force Majeure Event arising, VEL, depending on whose performance has been impacted under the Terms of Use, shall immediately give notice to the Other Party(s) of the facts which constitute the Force Majeure Event.

Governing Law and Dispute Resolution

These Terms of Use and any contractual obligation between the Parties will be governed by the laws of India, without reference to the conflict of laws principles. Any legal action or proceeding related to Other Party(s) access to, or use of, the CHANNEL or these Terms of Use shall be subject to the exclusive jurisdiction of the courts at Lucknow. All disputes will be subject to arbitration at Lucknow in English by a sole arbitrator appointed by VEL under the Arbitration and Conciliation Act, 1996

Contact Information

If any Other Party(s) has any grievance, comment, question or suggestion regarding any of our Services, please contact our customer service at [email protected] If any Other Party(s) has any questions concerning VEL , the Website, these Terms of Use, or anything related to any of the foregoing, VEL can be reached at the following email address – [email protected] or via the contact information available from the following hyperlink: www.vayuu.health

Limitation of liability

UNDER NO CIRCUMSTANCES SHALL COMPANY OR ITS AFFILIATES, PARTNERS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS OR USE OF OR INABILITY TO ACCESS OR USE THE APPLICATION AND ANY THIRD PARTY CONTENT AND SERVICES, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COMPANY’S AGGREGATE LIABILITY TO YOU {WHETHER UNDER CONTRACT, TORT, STATUTE OR OTHERWISE), SHALL NOT EXCEED THE AMOUNT OF FIVE HUNDRED RUPEES (Rs.500/-). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE-STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.