AxenCare

Axen Care TERMS & CONDITIONS

These terms and conditions (“Terms of Use” / “Terms”) constitute a binding and enforceable contract between Infoaxen Solutions (OPC) Private Limited, a private limited company having its registered office at 201 , 2nd floor , Manglam Paradise Mall , Plot no 8, Manglam Place , Sector 3 , Rohini Delhi , 110085 (hereinafter referred to as “we”, “us”, “our”, “Company” or “AxenCare”), and you, an end user (hereinafter referred to as “you”, “your”, “User”, “Customer”) in relation to the use of the website www.axencare.in(referred to as the “Online Platform”). You represent and warrant that you have full legal capacity and authority to agree and bind yourself to these Terms. AxenCare and the User are collectively referred to as “Parties” and singularly referred to as “Party”.

Please read the Terms carefully prior to using, signing up or registering on our Online Platform or accessing/availing our Services. By signing-up to use the Online Platform, you acknowledge that you have read these Terms and agree to be bound by them. You also acknowledge that you have read our Privacy Policy and agree to be bound by it. By signing up to use the Online Platform, you represent that you have provided us with valid identifying information which may be used to verify your identity. Please note that we may restrict, suspend, or terminate your access at any time to the Online Platform if we believe you have breached these Terms. We may use certain technologies to monitor your activities on the Online Platform in accordance with our Privacy Policy.

We may modify these Terms or any other terms at any time by posting a revised version of the same on the Online Platform, and the amended version of these Terms shall become automatically binding upon you if you continue to avail the Services. The amended Terms will be applicable even if not accepted by you separately. You shall have the responsibility to review these Terms on a regular basis. If you do not wish to be bound by the updated Terms, we request you to stop accessing the Online Platform and the Services.

DEFINITIONS
For the purpose of these Terms, the following words and phrases shall have the meaning assigned to them hereunder.

Applicable Law” includes all applicable Indian statutes, enactments, acts of the state legislature or parliament, laws, ordinances, rules, bye-laws, regulations, notifications, guidelines, directions, directives and orders of any governmental authority, statutory authority, board, recognized stock exchange, as may be applicable.

Confidential Information” means and includes the Intellectual Property and any and all business, technical and financial information of AxenCare or of any of its affiliates that is related to any of the arrangements contemplated in these Terms or any other document in which these Terms are incorporated by reference or otherwise disclosed by AxenCare to the User any information which relates to its financial and/or business operations, including but not limited to, specifications, models, merchant lists/information samples, reports, forecasts, current or historical data, computer programs or documentation and all other technical, financial or business data, information related to its internal management, customers, products, services, anticipated products/services, processes, financial condition, employees, merchants, Intellectual Property, marketing strategies, experimental work, trade secrets, business plans, business proposals, customer contract terms and conditions, and other valuable confidential information and materials that are customarily treated as confidential or proprietary, whether or not specifically identified as confidential or proprietary.

Intellectual Property” shall mean all intellectual property used for the purpose of or in association with or in relation to the performance of these Terms, and includes without limitation, (a) Software, operating manuals, software code, program, instructions, specifications, processes, input methods, data or information used in relation to, or in association with, or for the operation of the software installed by AxenCare, (b) the trademarks, service marks, trade names, business names, logos, symbols, styles, colour combinations used by AxenCare during the course of its business and all depictions, derivations and representations graphics, images, content and the ‘look and feel’ of all of the above, (d) all information, data or material in whatever form, whether tangible or not, provided by AxenCare to the User during the course of usage of the Online Platform; and (e) all techniques, formulae, patterns, compilations, processes, inventions, practices, methodology, techniques, improvement, utility model, procedures, designs, skills, technical information, notes, experimental results, service techniques, samples, specifications of the Services, labelling specifications, rights on software, and any other knowledge or know-how of any nature whatsoever.

Services” shall mean the services provided by AxenCare to the Users utilizing the Online Platform including content, features, technologies or functions offered or made available on the Online Platform including but not limited to:
a. Wellness Plans;
b. Healthcare Plans;

Service Provider” shall mean any entity with which AxenCare has, directly or indirectly, executed an agreement for facilitating any Services to the Users in association with such entity.

ELIGIBILITY
By accepting these Terms, you hereby declare and confirm that:
i. you are a resident of India,
ii. you are above 18 (Eighteen) years of age,
iii. you have the capacity to enter into legally binding contract as specified under the Indian Contract Act, 1872, while availing the Services offered by AxenCare.
iv. you are not barred or otherwise legally prohibited from accessing or using the Services under any Applicable law.

Use of the Website and Service

These Terms and Conditions (“Terms”) govern your access to and use of the Axen Care Website, Axen Care App, and Axen Care Call Centers (collectively referred to as the “Platform”) and the SaaS-based healthtech infrastructure we provide (the “Service”). By accessing or using the Platform or Service, you agree to be bound by these Terms.

You agree to use the Website and Service solely for lawful purposes and in accordance with these Terms. You are prohibited from using the Website or Service in any way that:
• Could damage, disable, overburden, or impair the Website or Service.
• Interferes with any other user’s enjoyment of the Website or Service.
• Attempts to gain unauthorized access to the Website or Service, or any connected computer systems or networks.
• Uploads, transmits, or stores content that is unlawful, harassing, defamatory, obscene, or otherwise objectionable.
• Violates any applicable laws or regulations.

PLATFORM ACCESS
By using or accessing the Online Platform, you represent and warrant that:

i. you are accessing the Online Platform on your own initiative and are responsible for compliance with all local laws and regulations applicable to you;
ii. you are of the legal age to access the Online Platform;
iii. you are solely responsible for the user content and all activities that occur on or through your device;
iv. you agree not to undertake activities which include but are not limited to infringing any proprietary rights, including but not limited to Intellectual Property, or Confidential Information, of AxenCare or Service Provider; except as may be provided hereunder, copying, displaying, distributing, modifying, publishing, reproducing, storing, transmitting, posting, translating, creating any derivative works, renting, or licensing the Online Platform or any portion thereof;
v. caching unauthorized hypertext links to the Online Platform;
vi. uploading, posting, or transmitting any material that contains software viruses, trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
vii. undertaking any action that imposes or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
viii. use of data mining, robots, spiders, scrapers, crawlers, avatars or similar data gathering and extraction tools;
ix. making any back-up or archival copies of the Online Platform or any part thereof;
x. bypassing any measures used by us to prevent or restrict access to the Online Platform;
xi. using the Online Platform for any commercial purpose;
xii. violating the restrictions in any robot exclusion headers on the Online Platform or bypassing or circumventing other measures employed to prevent or limit access to the Online Platform;
xiii. deep-linking to any portion of the Online Platform (including, without limitation, the purchase path for any service) for any purpose without our express written permission;
xiv. ‘framing’, ‘mirroring’ or otherwise incorporating any part of the Online Platform into any other website without our prior written authorization;
xv. use the Online Platform in (i) any unlawful manner, (ii) for fraudulent or malicious activities, or (iii) in any manner inconsistent with these Terms or violate Applicable Laws in any manner.

General Terms:
• The Service is available to anyone who registers with Axen Care.
AxenCare Standard Members can only access information about health centers.
• Only one AxenCare plan can be used at a time.
AxenCare Health Plans benefits cannot be combined with EMI no-interest features.

User Content
You are solely responsible for any content you upload, transmit, or store on the Website or Service. By submitting content, you grant AxenCare a non-exclusive, royalty-free license to use, reproduce, modify, publish, and distribute your User Content in connection with the Website and Service.

You agree and understand that all of the content accessed by you on the Online Platform is purely for informational purposes aimed to provide details and additional data about or in connection with the Online Platform and the Services.

Test Booking & Services:
• Tests must be booked through AxenCare at least 5 working days in advance at a center of your choice.
• If your chosen center is not on the AxenCare network, we’ll assist in adding it or help you find an alternate networked center.
• By selecting a center, you indemnify AxenCare from any mishaps before, during, or after the tests.
• “Test/s” includes consultations, appointments, tests, procedures, surgeries, medications, or anything else related, even if not specifically mentioned in the Terms of Use.

Description of Services:
AxenCare only facilitates access to healthcare services including diagnostics and medical by booking appointments and offering discounted rates. We do not provide healthcare services directly.
AxenCare is not responsible for any outcomes resulting from the use of these services.
• We do not guarantee service timing with healthcare providers.
AxenCare does not verify or cross-check the regulatory authorization, licenses, or certifications of healthcare providers and is not liable for any regulatory breaches or malpractice.
• By using the site and sharing your details, you agree to avail of the services you selected.
• You consent to AxenCare or its partners contacting you for fulfillment or promotional purposes via electronic or non-electronic means.

ACCURACY OF INFORMATION
Although we may post information, material and content on the Online Platform based on reliable sources, we do not make any express or implied representation, warranty or guarantee as to the accuracy, validity, reliability or completeness of any such information. The features and services of the Online Platform are provided on an “as is” and “as available” basis. We make no representation or warranty about the validity, accuracy, correctness, reliability of any information provided on or through the Online Platform.

Intellectual Property
All rights, title, and interest in and to the Online Platform, including all Intellectual Property rights arising out of the Online Platform, are owned by or otherwise licensed to AxenCare. Subject to your compliance with these Terms, AxenCare grants you a non-exclusive, non-transferable, non-sub licensable, royalty-free, revocable, and limited licence to use the Online Platform in accordance with the Terms.

Except as expressly authorized by AxenCare, the User agrees not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the AxenCare’s Intellectual Property. User do not accrue any rights or interest in AxenCare’s Intellectual Property and use of any Intellectual Property by User shall be strictly in for the fulfillment of and in compliance with the Terms. User undertake that it shall not, nor will it allow others to, reverse engineer or disassemble any parts of AxenCare’s Intellectual Property.

AxenCare may request you to submit suggestions and other feedback, including bug reports, relating to the Online Platform from time to time (“Feedback”). AxenCare may freely use, copy, disclose, create derivative works on, publish, display, distribute, and exploit the Feedback without any payment of royalty, acknowledgement, prior consent, or any other form of restriction arising out of your Intellectual Property rights. AxenCare shall be at liberty to make changes/updates to the Online Platform as may be required and AxenCare shall have all such rights as mentioned under this section on the additions/modifications.

You represent and warrant that:
i. you shall use the Intellectual Property solely for discharge of your duties for the usage of the Online Platform;
ii. you shall use Intellectual Property of AxenCare only in the form and manner stipulated by AxenCare;
iii. you shall seek prior written consent from AxenCare for use of AxenCare’s Intellectual Property which is not previously provided for by AxenCare;
iv. you shall bring to AxenCare’s notice all cases concerning AxenCare’s Intellectual Property’s (a) infringement, (b) passing off, (c) registration, or (d) attempted registration;
v. you shall render to AxenCare all assistance in connection with any matter pertaining to the protection of AxenCare’s Intellectual Property whether in courts, before administrative agencies, or otherwise;
vi. you shall refrain from taking any action which shall or may impair AxenCare’s right, title or interest in the Intellectual Property, or create any right, title or interest therein or thereto, adverse to that of AxenCare;
vii. you shall not use or permit to be used the Intellectual Property by any unauthorized person, and
viii. you shall not misuse the Intellectual Property or use it together with any other mark or marks.

CONFIDENTIALITY
The User shall keep Confidential Information as confidential. The User confirms that it shall protect Confidential Information with such security, confidentiality and degree of utmost care as it would prudently apply to its own confidential information and use it solely in connection with the transaction to which the Confidential Information relates. The User acknowledges and agrees that it is aware of the sensitivity and secrecy involved in keeping such data/information and transaction records and shall ensure that neither the User nor its affiliates will do any act to violate the same. Confidential Information shall exclude any information:

i. which is already in the possession of the receiving Party and not subject to any other duty of confidentiality;
ii. that is at the date hereof, or subsequently becomes, public otherwise than by reason of a breach by the receiving Party of these Terms;
iii. Information that becomes legally available to the receiving Party and/or its affiliates or professional advisors on a non-confidential basis from any third party, the disclosure of which does not, to the knowledge of that Party, violate any contractual or legal obligation which such third party has to the other Party with respect to such information, and
iv. Information that is independently acquired or developed by the receiving Party.

Provided however, that AxenCare may make the following disclosures for which no consent shall be required from the User:

i. Disclosures to its directors, officers, employees, affiliates/subsidiaries/group/holding companies, Service Providers and any employees thereof that it reasonable determines need to receive the Confidential Information;
ii. Disclosures to its legal and other professional advisers, instructed by it that it reasonably determines need to receive the Confidential Information; or
iii. Disclosures to any person to whom it is required by any Applicable Law or any applicable regulatory, supervisory, judicial or governmental order, to disclose such information, or at the request of any regulatory or supervisory or judicial or government authority.

COMMUNICATION POLICY
As part of the User’s usage of the Services, the User may receive notifications, offers, discounts and general information from AxenCare via text messages or by emails, for the purpose of collecting Feedback regarding its Services. The User understands that receipt of non-service related communications can be deactivated by User by sending mail to hello@axencare.in and by ab-initio consents to receive such these communications. The User acknowledges that the SMS service provided by AxenCare is an additional facility provided for the User’s convenience and that it may be susceptible to error, omission and/ or inaccuracy.

Disclaimers
THE WEBSITE AND SERVICE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. AxenCare DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

AxenCare DOES NOT WARRANT THAT THE WEBSITE OR SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitation of Liability
AxenCare SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE OR SERVICE.

In no event shall AxenCare or any of its subsidiaries or affiliates be liable to you or any person for any direct, indirect, special, consequential or other damages (including, without limitation, any lost profits, business interruption, loss of information or programs or other data on your information handling system) that are related to the use of, or the inability to use, the Services and functions of the Online Platform, even if s expressly advised of the possibility of such damages.

Terms and Termination
• These Terms shall remain in full force and effect until terminated by you or Axen Care.
Axen Care may suspend or terminate your plans if any information provided is found to be inaccurate, incomplete, or outdated.

Axen Care may terminate these Terms at any time, with or without cause, upon written notice to you. You may terminate these Terms by discontinuing your use of the Website and Service.

AxenCare reserve the right, in its sole and absolute discretion, to suspend or terminate your use of one or more Services, without notice and without liability to you or any third party, for any reason, including without limitation inactivity or violation of these Terms or other applicable policies we may publish from time to time. Any termination of the Services may also be effectuated through the Service Provider and

AxenCare shall not be held liable for the same. You agree and understand to abide all the terms & conditions stipulated under these Terms and of the Service Provider upon termination of the Services.

Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies

AxenCare may have at law or in equity. Upon termination for any reason, you agree to immediately stop using the Services of AxenCare.

Dispute Resolution & Governing Law
At AxenCare, we value transparency and customer satisfaction. In the unlikely event of a dispute arising from any transaction, product, or service:
Step 1: Internal Resolution
Customers are encouraged to first reach out to our Grievance Redressal Team by writing to us at support@axencare.in with the subject line: “Dispute Resolution – [Order ID]”.
We aim to resolve all complaints within 10 business days of receipt.
Step 2: Escalation
If the issue remains unresolved after Step 1, the customer may escalate the matter by sending a formal written complaint to the AxenCare Compliance Officer at hello@axencare.in. We shall attempt a good-faith resolution through mediation within 15 business days.
Step 3: Legal Recourse
If a resolution is still not reached, the matter shall be subject to legal proceedings:
• Governing Law: This policy and all transactions undertaken through AxenCare shall be governed by and construed in accordance with the laws of India.
• Jurisdiction: Subject to the foregoing, all disputes, claims, or proceedings shall be subject to the exclusive jurisdiction of the competent courts at New Delhi, India.

THIRD PARTY SERVICES AND LINKS
Our Services contain or may contain, links to third-party websites, applications, content, products, services and resources that are not under the control and do not form a part of the Services offered by the AxenCare. We provide these links only for your convenience and AxenCare makes no representation or warranty of any kind regarding its accuracy, reliability, effectiveness, or correctness and shall not be responsible or liable for any aspect of any such third-party services.

The User acknowledges sole responsibility for reading and understanding the Terms and Privacy Policy and assumes all risk that applies to their use of any third-party services. Further, the User acknowledges that the information may be transferred, stored or utilised by a third party, and you consent to such transfer and AxenCare shall not be responsible for the security of such information.

Entire Agreement
These Terms constitute the entire agreement between you and AxenCare with respect to the use of the Website and Service.

FORCE MAJEURE
If performance of the Services by AxenCare is prevented, restricted, delayed or interfered with by reason of and including, but not limited to, labour disputes, strikes, acts of God, floods, lightning, severe weather, shortages of materials, rationing, inducement of any virus, malware, trojan or other disruptive mechanisms, pandemic, epidemic, any event of hacking or illegal usage of the Online Platform, utility or communication failures, earthquakes, pandemic, lockdown, war, revolution, acts of terrorism, civil commotion, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority or representative of any such government, or any other act whatsoever, whether similar or dissimilar to those referred to in this clause, which are beyond the reasonable control of AxenCare and could not have been prevented by reasonable precautions, then AxenCare shall be excused and discharged from such performance to the extent of and during the period of such force majeure event, and such non-performance shall, in no manner whosoever, amount to a breach by AxenCare of its obligations herein or incur any legal liability on AxenCare.

INDEMNITY
You agree to indemnify and hold AxenCare and its affiliates harmless against all actions, claims, demands, proceedings, losses, damages, costs, charges and expenses whatsoever which AxenCare may at any time incur, sustain, suffer or be put to as a consequence of or by reason of or arising due to any negligence/mistake/misconduct on your part or breach or non-compliance of any provision of these Terms by you or any person using your behalf.

Severability
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect. In the event any provision of these Terms is determined to be invalid or unenforceable, such provision shall be deemed severed from the remainder of these Terms and replaced with a valid and enforceable provision as similar in intent as reasonably possible to the provision so severed, and shall not cause the invalidity or unenforceability of the remainder of these Terms.

ASSIGNMENT AND WAIVER
These Terms and any rights and licenses granted hereunder, may not be transferred or assigned by you. We may assign, in whole or in part, the benefits or obligations hereunder. We may, at our discretion, provide an intimation of such assignment to you, which will be binding on the Parties to these Terms.
Unless otherwise expressly stated, the failure to exercise or delay in exercising a right or remedy under these Terms will not constitute a waiver of the right or remedy or a waiver of any other rights or remedies, and no single or partial exercise of any right or remedy under these Terms will prevent any further exercise of the right or remedy or the exercise of any other right or remedy.

Update to Terms
AxenCare may update these Terms at any time by posting the amended terms on the Website. Your continued use of the Website or Service following the posting of amended Terms constitutes your acceptance of the amended Terms.

Contact Us
If you have any questions about these Terms, please reach out to our support team:
Email: support@axencare.in
Phone: 011-43658206
Support Hours: Mon- Sat, 10:00 am to 6:00 pm
Website: www.axencare.in
We’re here to help you every step of the way.

Legal Disclaimer
By engaging in any transaction with AxenCare, all customers acknowledge and agree to the following terms. Any violation of the terms mentioned below may result in legal consequences as per the applicable laws.

17.1 No Unauthorized Inducements or Commitments
No individual shall, directly or indirectly, offer or induce another person to engage in a transaction under false pretenses. AxenCare does not assume responsibility for any false commitments or inducements made by its agents or telemarketing representatives regarding the sale of any product. If there is any doubt regarding the authenticity of a commitment or representation, it may be verified through a confirmation call conducted by AxenCare after any payment is made. Customers may also verify any transaction within fifteen (15) days of payment by contacting customer service at 011-43658206 or via email at hello@axencare.in. No agreement may be challenged after fifteen (15) days from the date of issuance or commencement of risk coverage.

17.2 Third-Party Payments
AxenCare will not be held liable for any payments made by customers to third parties or any payments made by a third party on behalf of the customer. If a customer makes a payment to any third party under any undue influence or coercion, the responsibility lies solely with the customer. Axen Care disclaims all liability in such circumstances. The Company does not accept cash payments for any transactions. Customers are strongly advised to refrain from making cash transactions under any circumstances, as AxenCare will not be accountable for such payments.

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