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PORTL TERMS & CONDITIONS

These Terms and Conditions of use (“Terms”, “Agreement”) set forth the standards of use as applicable to the PORTL Website and all PORTL Devices, Services made available to you through Rainvi Technologies Pvt. Ltd. (“Company”, “Portl”, “we”, “us”, “our”). The Agreement outlines the Terms and Conditions for Visitors to and Users of our Website, digital social media as well as Users availing of any of our Services including all users of our Portl devices, online, offline, App (application) services. The PORTL Devices & Services to which this Agreement applies include: 

Portl Studio, Portl Plus, Portl TVLite & Portl BioScan, collectively referred to as PORTL Devices and Products. The Portl Devices & Products along with our Telemedicine Features, Content and Media Features comprise of our range of Services. Our Services along with our Website, Apps and social media accounts together constitute and herein is referred to as our Platform or Portl Platform. The terms “End user(s)”, Customer(s)”, “you”, “your” as used herein refers to any individual or entity who may avail our Services and/ or use or visit our Website, browse or follow us on any digital or social media. The terms “User”, “you”, “your”, as used herein refers to our Strategic Partners which include all certified, medical practitioners including doctors, physiotherapists with whom we collaborate as part of our Tele-medicine and Tele-consultation services. The terms “User, “you”, “your” shall also include any future collaborations with premier gym brands and fitness trainers or any other Content providing partners as part of our efforts to expand our customized health and fitness programmes for our End Users.

This document is published by us in accordance with the provisions of The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 that require publishing the rules and regulations, Privacy Policy and Terms & Conditions for access or usage of https://portl.co website and application for mobile and other devices.

This Agreement applies to you if you are (i) one of our Users (whether an individual professional or an organization) or similar institution including designated, authorized associates of such medical practitioners or institutions with whom we have, are or may collaborate as part of our Telemedicine & Tele-consultation services; (ii) one of our Users (whether an individual professional or any or any organization/ institution who is or may be a prospective collaborator with us including gyms, fitness trainers or any content providing partner (iii) one of our End Users, his/her representatives or affiliates, using our devices and/or availing any of our Services; or (iv) otherwise a user of our Website as well as if you browse or follow us on any of our digital and social media accounts.

  1. Please carefully read these terms and conditions and our Privacy Policy before you decide to access, use, follow, browse, our website, social media or avail of our Services. These Terms and our other policies together constitute a legally binding agreement between you and PORTL in connection with your visit/ access to or use of our Platform and takes effect on the date on which you access, download, install or use the Platform, and create a legally binding agreement to abide by the same. Any accessing, installing, downloading or merely browsing of our Website, App, our social media accounts and usage of our Services indicates your acceptance and consent to all the terms and conditions in this Agreement and other PORTL policies (including but not limited to the Data Protection & Privacy Policy, Return & Refund Policy and Shipping & Delivery Policy). The Company reserves the right, from time to time, to update (modify or retract) any part or whole of these Terms and Conditions as well as any part or whole of our other policies. Such updates will be duly notified on these and respective policy pages. Your continued use of our Services shall signify acceptance and consent to abide and be legally bound by all such Updates.  If you disagree with any part of these Terms and Conditions, you may refrain from or discontinue access to or use of our Platform. 

Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Platform. Only individuals who are 18 years of age or older may use the Platform and avail Services. If you are under 18 years of age and you wish to download, install, access or use the Platform, your parents or legal guardian must acknowledge and agree to the Terms of Use and our other policies. Should your parents or legal guardian fail to agree or acknowledge the Terms of Use and our other PORTL policies, you shall immediately discontinue its use. PORTL reserves the right to terminate your Membership and / or deny access to the platform if it is brought to PORTL’s notice that you are under the age of 18 years.

By registering, visiting and using our Services, Website, App and our other digital, social media or accepting this Agreement, you represent and warrant to Portl that you are 18 years of age or older, and that you have the right, authority and capacity to use the Website, App, digital, social media and the Services offered by PORTL, and agree to and abide by this Agreement.

  1. PORTL GENERAL TERMS OF USE OF THE PLATFORM –

(WEBSITE, SOCIAL MEDIA ACCOUNTS, SERVICES INCLUDING DEVICES AND APPS) 

You agree, undertake and confirm that your use of our Website, Social Media, as well as any of our Services shall be strictly bound and governed by the following:

  • You shall not host, display, upload, download, modify, publish, transmit, update or share any information which:

    • belongs to another person and which you do not have any right to;

    • is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, slanderous, criminally inciting or invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;

    • is misleading or misrepresentative in any way;

    • is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;

    • harasses or advocates harassment of another person;

    • involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;

    • promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;

    • infringes upon or violates any third party’s rights including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity;

    • promotes an illegal or unauthorized copy of another person’s copyrighted work (see “copyright complaint” below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;

    • contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);

    • provides material that exploits people in a sexual, violent or otherwise inappropriate or harmful manner or solicits personal information from anyone;

    • provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;

    • contains video, photographs, or images of another person (with/ of a minor or an adult);

    • tries to gain unauthorized access or exceeds the scope of authorized access to our Platform or to other User/ End user profiles, blogs/ vlogs, communities, account information, bulletins, or other areas of our Platform or solicits passwords or personal identifying information for commercial or unlawful purposes from other Users/ End Users;

    • engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of products using our Website, social media and/or our Services. Throughout these Terms, prior written consent means a communication coming from our Portl Legal Department, specifically in response to your request, and expressly addressing and allowing the activity or conduct for which you seek authorization;

    • solicits gambling or engages in any gambling activity which is or could be construed as being illegal;

    • interferes with another user’s use and enjoyment of our Platform;

    • refers to any website or URL that, in our sole discretion, contains material that is inappropriate for our Platform, and/or contains content that would be prohibited or violates the letter or spirit of these Terms;

    • harms minors in any way;

    • infringes any patent, trademark, copyright or other intellectual property rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen information or products or services;

    • violates any law for the time being in force;

    • deceives or misleads or attempts to do so about the origin of any information, messages or communicates any information which is grossly offensive or menacing in nature;

    • impersonates another person;

    • contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;

    • threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any criminal offence or prevents investigation of any offence or is insulting any other nation;

    • is false, inaccurate or misleading;

    • directly or indirectly, offers, attempts to offer, trades or attempts to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force; or

    • creates liability for us or causes us to lose (in whole or in part) the services of our internet service provider or other suppliers.

  1. You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of PORTL website, social media or any of our Services or any content contained therein, or in any way reproduce or circumvent the navigational structure or presentation of our Website, social media, Services or any of our content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available by us. We reserve our right to prohibit any such activity.

  1. You shall not attempt to gain unauthorized access to any portion or feature of our Website, social media and Services, or any other systems or networks connected to these or to any server, computer, network, or to any of the services offered on or through PORTL, by hacking, “password mining” or any other illegitimate means.

  1. You shall not probe, scan or test the vulnerability of our Services, Website, App or social media or any network connected to the PORTL nor breach the security or authentication measures used on or by PORTL or any network connected to us. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to Platform, or any other Buyer, including any account on the Platform not owned by you, to its source, or exploit the Platform or any service or information made available or offered by or through the Platform, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Platform.

  1. You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about us or the brand name or domain name used by us including the name ‘PORTL’, or otherwise engage in any conduct or action that might tarnish the image or reputation, of PORTL or ‘Rainvi Technologies Pvt. Ltd. on our Platform or otherwise tarnish or dilute any PORTL’s trade or service marks, trade name and/or goodwill associated with such trade or service marks, as may be owned or used by us. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the PORTL systems or networks, or any systems or networks connected to PORTL.

  1. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of our Services, Website, App, social media accounts or any transaction being conducted by or through PORTL or any of our third- party payment processing partners , or with any other person’s use of our Services, Website, App and social media.

  1. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the Platform or any service offered on or through the Platform. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

  1. You may not use our Platform or any content on our Platform for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity that infringes the rights of PORTL and/or others.

  1. You shall at all times ensure full compliance with the applicable provisions, as amended from time to time, of (a) the Information Technology Act, 2000 and the rules thereunder; (b) all applicable domestic laws, rules and regulations (including the provisions of any applicable exchange control laws or regulations in force); and (c) international laws, foreign exchange laws, statutes, ordinances and regulations (including, but not limited to sales tax/VAT, income tax, octroi, service tax, central excise, custom duty, local levies) regarding your use of our service and your listing, purchase, solicitation of offers to purchase, and sale of products or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.

  1. In order to allow us to use the information supplied by you, without violating your rights or any laws, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free right to exercise any applicable copyright, publicity, database rights or any other rights you have in your Information, in any media now known or not currently known, with respect to your Information. We will only use your information in accordance with these Terms herein and as read in conjunction with our Data Protection & Privacy Policy document.

 

  1. You shall not engage in advertising to, or solicitation of, other Users/ End Users of the Platform to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on our Platform or related to us. You may not transmit any chain letters or unsolicited commercial or junk email to other Users or End Users via the Platform. It shall be a violation of these Terms to use any information obtained from the Platform in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to or buy from another person other than us without our prior explicit consent. In order to protect our Users/ End users from such advertising or solicitation, we reserve the right to restrict the number of messages or emails which a User/ End User may send to other Users/ End Users in any 24-hour period which we deem appropriate at our sole discretion. You understand that we have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Platform) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, We can (and you hereby expressly authorize us to) disclose any information about you to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, including intercepting, investigating, preventing fraudulent activities or activities that may involve personal injury.

  2. We reserve the right, but have no obligation, to monitor the materials posted on the Platform. PORTL shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE INFORMATION AND CONTENT OF THE MATERIALS YOU POST ON THE PLATFORM AND IN YOUR PRIVATE MESSAGES. Please be advised that such information and/ or content posted by you does not necessarily reflect PORTL’s views. In no event shall PORTL assume or have any responsibility or liability for any information and/or content posted by you and you hereby indemnify PORTL against any claims, damages or losses resulting from use of such information and/ or content and/or appearance of such information and/ or content on our Platform. You further hereby represent and warrant that you have all necessary rights in and to all information and content which you provide and all information or materials it contains and that such information and content shall not infringe any proprietary or other rights of third parties or contain any libellous, tortious, or otherwise unlawful information. Products and Services purchased from the Platform are intended for your personal use and you represent that the same are not for resale or you are not acting as an agent for other parties.

  3. It is hereby understood that if you are  or intend to be a Content providing partner for us, you shall be wholly responsible for the Information and/ or Content provided and you hereby represent and warrant that all such Information and / or Content provided or uploaded by you is entirely owned by you and you have all legal rights in and pertaining to the sharing, recommending, uploading, monetizing of such Information and Content and that such information and content shall not infringe any proprietary or other rights of third parties or contain any libellous, tortious, or otherwise unlawful information. Furthermore you agree to indemnify PORTL from any and all responsibility or liability that may arise from any claims, damages, harm, loss of actual or expected profit or reputation due or relating to your sharing, uploading, recommending, monetizing of such Content.

  4. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Platform, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on our Platform.

  5. It is hereby understood and agreed by you that despite our best efforts to protect your information, once information is transmitted via the internet there is no guarantee that it will be 100% secure and therefore it is possible that other Users/ End Users (including unauthorized users or ‘hackers’) may post or transmit offensive or obscene materials on the Platform and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of our Platform, and that the recipient may use such information to harass or injure you. We do not condone or approve of such unauthorized uses, but by using the Platform you acknowledge and agree that we are not responsible for the use of any personal information that you publicly disclose or share with others on this Platform. Please carefully select the type of information that you publicly disclose or share with others on our Platform.

  6. PORTL shall have all the rights to take necessary action including the full extent of remedies available under the Law and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services), hacking, penetration testing (pen test) attempts/ activities or any other form of cyber attacks or otherwise unlawful attacks against PORTL or the Platform. Furthermore Users /End Users shall not access our Platform for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.

  7. It is understood that we shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by you to PORTL or to any other person acting on behalf of PORTL or our partners/ collaborators.

  8. You understand and agree that you alone shall be responsible for maintaining the confidentiality of your account access information and password and all other personal information and content provided by you. You are aware that should you choose to share or disclose your account information to any third parties, you shall be solely responsible for all usage of your account and password, whether or not authorized by you. You shall immediately notify us of any actual or suspected unauthorized use of your account or password or other personal information. Notwithstanding PORTL’s non- liability for your losses caused by any unauthorized use of your account, you may be held liable for the losses or damage or harm incurred by PORTL or such other parties as the case may be, due to any unauthorized use of your account.

  9. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or PORTL has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the unreserved right to discontinue your access to all or any part of our Platform at our sole discretion.

  10. PORTL may use such information collected from you from time to time for the purposes of debugging customer support related issues.

  11. As part of our customer care we provide helpline contact information both via telephonic conversation as well as email. Should you require reaching out to us for trouble- shooting or any doubts, concerns or complaints, or when accessing our Tele- Medicine & consultation features, it must be noted by you that such telephonic conversations or email correspondence and information provided therein shall be recorded and stored in our servers. Such records may be accessed by PORTL for customer care quality control and support related purposes and are dealt with only in accordance with the terms of the Privacy Policy. Such email/ call facility should be used only for trouble- shooting, complaints or queries regarding our devices or services and appointment and booking purposes (when availing our Tele- medicine & Tele- consultation features). PORTL accepts no liability if the email/ call facility is not used in accordance with the foregoing. In case you choose to not provide your consent to recording your emails/ calls that may have personal information required for appointment and booking purposes, we reserve the right to not provide the Services for which such personal information is sought.

  12. The content available on our Platform is (i) End User/ User generated content, or (ii) belongs to PORTL. The information that is collected by PORTL during your use and access of our Website, App and social media shall belong to PORTL and is used in accordance with our Privacy Policy. Copying of the copyrighted content published by us on our Platform for any commercial purpose or for the purpose of earning profit will be a violation of our copyright and PORTL reserves its rights to pursue all available remedies under applicable law accordingly.

  13. PORTL authorizes the End User/ User to view and access the content available on or from our Platform solely for use of our devices and availing our Services as per this Agreement. The contents available on our Platform, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on our Platform (collectively, “PORTL Content”), are and shall remain the property of PORTL and are protected under copyright, trademark and other laws. User/ End User shall not modify the PORTL Content or reproduce, display, publicly perform, distribute, or otherwise use the PORTL Content in any way for any public or commercial purpose or for personal gain.

  14. By using our Platform, you agree that any information shared by you with PORTL for access to our Services including Tele- medicine and Tele- consultation will be subject to our Privacy Policy. You understand and agree that when you use or access our Website, social media and App we employ cookies and similar technology which tracks and records your data and we may use information collected from our cookies to identify User/ End User behaviour and to serve content and offers based on your profile, and for the other purposes described below, in accordance with the applicable laws prevailing in India.

  15. You understand and agree that you are solely responsible for the content that you choose to submit on our Platform, including any feedback, ratings, or reviews (“Critical Content”) relating to our services and/ or Tele- consultation features. PORTL disclaims all responsibility with respect to the information and content provided as Critical Content. PORTL shall not be liable to pay any consideration to any User/ End User for re-publishing any content across any part of our Platform.

 

Your submission of reviews and feedback on our Platform is governed by these Terms. You agree that PORTL may contact you through telephone, email, SMS, or any other electronic means of communication for the purpose of:

 

  • Obtaining feedback in relation to Website, App or PORTL’s services; and/or

 

  • Obtaining feedback in relation to any Products and Services provided by PORTL; and/or

 

  • Resolving any complaints, information, or queries including but not limited to any matters regarding your Health and Fitness data, usage and experience of the Platform, Reviews, Feedback and Critical Content etc;

and you agree to provide your fullest co-operation further to such communication by PORTL, its relevant Customer Service Team and/ or Grievance Officer.

 

END – USER & USER REGISTRATION

 

  1. You may access our Services by registering to create an account (” PORTL Account“) and become a member (” Membership“); or you can also register to join by logging into your account with certain third party sites and social networking sites (“SNS“) (including, but not limited to, Facebook); each such account, a ” Third Party Account“, via our Platform, as described below. The Membership is limited for the purpose and are subject to these Terms, and strictly not transferable. As part of the functionality of our Services, you may link your PORTL Account with Third Party Accounts, by either:

  • providing your Third Party Account login information during the account registration process; or

  • allowing us to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account.

  1. You represent that you are entitled to disclose your Third Party Account login information to us and/or grant us access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating us to pay any fees or making us subject to any usage limitations imposed by such third party service providers.

  1. By granting us access to any Third Party Accounts, you understand that we will access, make available and store (if applicable) any content or information that you have provided to and stored in your Third Party Account (” SNS Content“) so that it is available on and through our Platform via your PORTL Account. End User(s) / User(s) may have limited access to our Platform if registration is not done and you have not created an account with us. 

 

  1. Unless otherwise specified in these Terms of Use, all SNS Content, if any, will be considered to be your content for all purposes of these Terms of Use.

  1. Depending on the Third Party Accounts, you choose, and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts will be available on and through your PORTL Account on our Platform.

  1. Please note that if a Third Party Account or associated service becomes unavailable or our access to such Third Party Account is terminated by the third party service provider, then SNS Content will no longer be available on and through our Platform.

  1. We will create your PORTL Account for your use of our Services based upon the personal information you provide to us or that we obtain via SNS, as described above. You can only have one PORTL Account and are not permitted to create multiple accounts. We reserve the right to suspend such multiple accounts without being liable for any compensation where you have created multiple accounts on our Platform.

  1. You agree to provide accurate, current and complete information during the registration process and update such information to keep it accurate, current and complete.

  1. We reserve the right to suspend or terminate your PORTL Account and your access to our Services (i) if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete; (ii) if it is believed that the information provided by you or any activity undertaken during the registration process may cause legal liability for you, other users or us; and/or (iii) if you are found to be non-compliant with these Terms or our other PORTL policies. PORTL does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc.) or quality of Service of any of our existing or prospective Strategic Partners, Content Providers or any entity with whom we might collaborate to provide you services . You are advised to independently verify the bona fides of any particular third- party entity that you choose to deal with on or through our Platform and use your best judgment in such matters. All third-party services and/or offers are subject to respective party terms and conditions. PORTL takes no responsibility for such services and/or offers.

TERMS OF USE OF TELE-MEDICINE & TELE- CONSULTATION

FOR OUR USERS

If you are or intend to be our User (doctor, physician, dietician, physiotherapist, fitness coach, trainer, instructor, healthcare professional, medical practitioner), it is understood that as a Strategic Partner with PORTL, our engagement, collaboration with you is contingent upon your commitment at all times to act in good faith and refrain from engaging in any activity, behaviour, verbal or otherwise that may cause harm, injury, loss or damage to any individual or entity including in particular, our End- Users and PORTL, in general. 

You understand agree that PORTL, directly and indirectly, collects information regarding the User profiles, contact details, and practice. PORTL reserves the right to take down any User’s profile as well as the right to display the profile of the User, with or without notice to the concerned User. This information is collected for the purpose of facilitating interaction with the End-Users and other Users. If any information displayed on our Platform in connection with you and your profile is found to be incorrect, you are required to inform PORTL immediately to enable PORTL to make the necessary amendments.

 

You hereby undertake and agree that all representations and warranties made by you as part of our arrangement with you as Strategic Partner is true and accurate and you shall at all times conduct yourself with the highest regard for all ethical, moral, legal and humane standards in accordance with your duties and obligations as a medical practitioner as well as in accordance with the prevailing, applicable laws in India. 

When you are referred by us or chosen by our End User for Tele- medicine and Tele- consultation, you hereby undertake to adhere to all applicable Best Practices as per Indian law and agree that any medical advice, opinion, suggestion, prescription, information, content, health or fitness/ wellness or exercise plan/ chart (“Health Advice”), shall be to the best of your knowledge, in the best interest of the End- User and PORTL and that PORTL is in no way liable or responsible for the authenticity, effectiveness of such Health Advice. All such Health Advice issued by you as a User as part of the Tele- medicine and Tele- consultation features shall be your sole responsibility and you understand and agree that PORTL shall bear no responsibility or liability for or arising from such Health or Fitness Advice.

 

The User is hereby absolutely and expressly prohibited to:

  1. Represent, recommend or in any way suggest to or advise End- Users that they ignore/ neglect the advice of their own doctor(s), physician(s) or in any way suggest or advise that End- Users may use the Tele- medicine & Tele – consultation features as a substitute for medical testing, medical and surgical procedures or for any emergency medical situation faced by the End- User.

  2. Share, advocate, promote their personal, religious and/or moral views with the End- User (s) while issuing their response, nor shall you in anyway express dislike, displeasure towards or belittle any End- User(s) personal beliefs, practices, faith, religion, moral views or physical appearance, fitness or health levels.

  3. Post any response which comprises of any derogatory language, objectionable, pornographic and /or offensive content; your conduct when interacting with End- Users, other Users or any other individual while on this Platform, shall at all times remain, courteous, respectful and within the bounds of common decency

  4. Advertise or sell any brand of drugs, supplements, vaccines and medications, in any manner of whatsoever;

  5. Advertise to/solicit patronage from our End- Users regarding any medically and legally uncertified, unregistered, untested (as required under Indian laws) or otherwise illegal, contraband medical or fitness supplements, drugs, medications, vaccines, treatments on  this Platform, in any manner including without limitation by way of using social media handles, including without limitation, Facebook, Twitter, YouTube, Instagram etc., telephone/ mobile numbers and address;

  6. Promote content and activities which are in any way illegal in nature;

Furthermore, if it is brought to our notice or PORTL finds or suspects that you have failed to act in good faith or violated these Terms herein or indulged in any fraudulent, misleading, harmful, unethical or illegal practice, activity, behaviour, verbal or otherwise, or have in any way violated the duties and obligations that may be reasonably expected of and bind a medical practitioner, fitness coach, instructor etc., PORTL shall be entitled to suspend you from our list of Strategic Partners, terminate all agreements between you and PORTL with immediate effect, and notwithstanding such suspension and termination, we shall reserve the right to pursue all remedies available under prevailing, applicable laws. 

FOR OUR END- USERS

If you are our End- User and have decided to avail of our Tele- Medicine and Tele- Consultation features, you hereby understand and agree that inherent to the use of Tele-Medicine and Tele- Consultation is the requirement that your personal information will be shared with Users (Medical practitioner(s), Fitness Trainer(s) etc., as the case maybe). You hereby represent and warrant that all information submitted by you is, to the best of your knowledge true and accurate and you have all necessary legal rights to disclose and share such information. 

You understand and agree that the Medical practitioner(s) or Fitness Trainer(s) whom you may choose or we may refer will be solely and entirely responsible for any Health Advice you may receive and PORTL shall not be responsible or liable for any harm, loss, damage, expenses or adverse effects you may incur or experience as a result of such Health Advice.

When using our Tele- medicine and Tele- consultation services you understand and agree that these features are not meant for medical emergency situations and should not be construed to be a substitute for medical advice, any medical and/ or surgical procedures or any medical prescription, treatment regimen, fitness and wellness advice, dietary recommendations, exercise or other fitness charts/ routines/ plans (Medical Advice) that are recommended by your own doctor(s), physician(s). 

We strongly recommend that you do not discontinue any prescribed Medical Advice including any medications, supplements etc. or ignore or discontinue any Medical Advice without first consulting your own doctor(s), physician(s) or other healthcare provider, regardless of any Health Advice you may receive as part of our Tele- medicine and Tele- consultation features. You are urged and encouraged to use your own judgment and discretion when following any Health Advice you receive during your use of our Tele- medicine and Tele- consultation services.

When you share or disclose your personal health, wellness and fitness information during a Tele- medicine or Tele- consultation session, you understand and agree that you are required to share true and accurate information, including actual medical records and provide your current, updated medical history. You hereby agree that any information you share and the language you use shall not be inappropriate, offensive, pornographic, racially, religiously, culturally, ethnically, morally derogatory of or towards anyone including the User(s). You understand and agree that your conduct during your use of our Tele- medicine and Tele- consultation features shall at all times remain courteous, respectful and within the bounds of common decency.

 If at any time during your use of our Tele- medicine and Tele- consultation features while interacting with any User(s), you experience behaviour or language that is in violation of the Terms specified herein including anything expressly forbidden herein, you are encouraged to bring it to our notice by writing to our Human Resources Department, Grievance Officer, at  ___________. If PORTL determines that any User has acted in any manner contrary to these Terms herein, action will be taken in accordance with these Terms. However, you hereby acknowledge and agree that PORTL is in no way liable or responsible for the behaviour, conduct, actions, language used by the User(s) during any Tele- medicine and Tele- consultation sessions.

USE OF THIRD- PARTY SITES

You acknowledge and agree that when you access any advertiser website/ third- party site/ link, affiliates including via or on aforementioned SNS and any payment gateways, business partners including but not limited to content and media partners, the link(s)/ site(s) you will enter into are not controlled by us and are governed by different terms of use and privacy policies. By accessing links to other sites, you acknowledge and agree that we are not responsible or liable in any way whatsoever for your use of and any content, products available on those sites. We reserve the right to disable links to and / or from third-party sites on our Platform, although we are under no obligation to do so. 

You understand and agree that when you access or use links to the website of third parties, advertisers, affiliates and business partners including content and media partners, PORTL has no control over, and shall not be liable or responsible for content, accuracy, validity, reliability, quality of such websites. Inclusion of any link on our Platform does not imply that PORTL endorses the linked site. End- User/ User may use the links and any related products, services at their own risk.

We cannot and do not guarantee that third- party sites/ links, including Users, other advertisers are or will be complying with the foregoing rules or any other provisions of these Terms of Use, and by accessing any third- party links/ sites, User website, advertisers, you hereby assume all risk of harm, loss or injury resulting from any such lack of compliance.

ACCESS TO PORTL PLATFORM

We endeavour to make your experience on our Platform a positive one which facilitates easier, better access to our full range of holistic health, fitness, wellness features and services.  However, we do not represent that access to the Platform will be uninterrupted, timely, error free, free of viruses or other harmful components or that such defects will be within our reasonable power to correct or rectify.

When you use or access our Platform from devices other than PORTL devices, we cannot warrant that all features and services available across the PORTL Platform will be compatible with all hardware and software which you may utilise. We shall not be liable for damage to, or viruses or other code that may affect, any equipment (including but not limited to your mobile device), software, data or other property as a result of your download, installation, access to or use of the Platform or your obtaining any material from, or as a result of using, the Platform. We shall also not be liable for the actions of third parties. 

We reserve the right to suspend or withdraw access to the Platform to you personally, or to all End- Users/ Users temporarily or permanently at any time without notice. We may any time at our sole discretion reinstate suspended End- User(s)/ User(s). A suspended End- User/ User may not register or attempt to register with us or use the Platform in any manner whatsoever until such time that such End- User/ User is reinstated by us.

PAYMENT & PAYMENT PROCESSING

In the interests of clarity and for the purposes of these clauses relating to Payment and Payment Processing, the End User shall be referred to as Buyer. The Buyer may avail of our Pre- Order Booking Service by making an initial payment as specified on our website and/ or app with the balance being payable 1 week prior to estimated delivery date when our Order- Processing Team contacts the Buyer. Payment may also be done in full using any of the listed methods at the time of placing Order. Payments for purchase of PORTL range of devices, payments for Tele- medicine and Tele- Consultation services and all related, applicable fees shall be made directly to PORTL and shall be processed via direct bank transfer or third- party payment processing gateways. You understand and agree that when you utilise such payment options your bank account information may be collected and stored both on PORTL servers as well as by these third- party payment processing gateways. We at PORTL can assure you that we endeavour to protect and secure such personal banking information and it shall not be shared with any third- parties unless required by law. However, we are not liable for the security of your personal banking information when you utilise third- party payment processing gateways and their services are governed by their own terms and privacy & data protection policies. You hereby acknowledge and agree that your use of such third- party payment processing gateways is solely at your risk and discretion. PORTL shall not be liable or responsible for any glitches, errors, viruses, losses, breach of security you may experience during your use of such third- party sites.

Upon Buyer’s successful completion of booking an Order, we may call the Buyer on the telephone or mobile number or email provided to confirm the details of such Order, price to be paid and the estimated delivery time. For this purpose, Buyer will be required to share certain information with us, including but not limited to Buyer’s (i) first and last name (ii) mobile number; and (iii) email address (iv) delivery/ shipping address. It shall be Buyer’s sole responsibility to bring any incorrect details to our attention.

In addition to the foregoing, we may also contact you by phone and / or email to inform and confirm any change in the Order, due to availability or unavailability or change in Order or change in price of any item in the Order due to un. Please note that any change or confirmation of the Order shall be treated as final. It is clarified that PORTL reserves the right to not to process Buyer’s Order in the event Buyer is unavailable on the phone or any other means of communication at the time when we call you for confirming the Order and such event the provisions of the Return and Refund Policy shall be applicable.

It is understood and agreed that all payments made against the Orders or Services on the Platform shall be compulsorily in Indian Rupees acceptable in the Republic of India. The Platform will not facilitate transactions with respect to any other form of currency with respect to the Orders or Services made on Platform. You can pay in full by (i) credit card or debit card or net banking; (ii) any other RBI approved payment method at the time of booking an Order; or (iii) in case of Pre- Order Booking, partially, by credit or debit card at the time of Pre- Order Booking with the Full Payment to be completed by one the aforementioned methods  in the manner herein prescribed. You understand, accept and agree that the payment facility provided by PORTL is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment on delivery, collection and remittance facility for the transactions on the Platform using the existing authorized banking infrastructure and credit card payment gateway networks. Further, by providing payment facility, PORTL is neither acting as trustees nor acting in a fiduciary capacity with respect to the transaction or the transaction price.

Buyer agrees to pay for the total amount for the Order placed on the Platform. PORTL will collect the total amount in accordance with these Terms of Use and the pricing terms set forth in the applicable listing of product or service on our website or App, apart from the applicable fees for Delivery and Installation Services, as specified in the Invoice. Please note that we cannot control any amount that may be charged to Buyer by his/her bank related to our collection of the total amount, and we disclaim all liability in this regard.

In connection with Buyer’s Order, he/she will be asked to provide customary billing information such as name, billing address and credit card information either to us or our third-party payment processor. The Buyer agrees to pay us for the Order placed by them on the Platform, in accordance with these Terms and using the methods enumerated herein. Buyer hereby authorizes the collection of such amounts by charging the credit/ debit card provided as part of requesting the booking, either directly by us or indirectly, via a third-party online payment processor or by one of the payment methods described on our Platform. If Buyer is directed to our third-party payment processor, he/she may be subject to terms and conditions governing use of that third party’s service and that third party’s personal information collection practices. Please review such Terms and Conditions and Privacy Policy before using the Platform services. Once the Order is confirmed you will receive a confirmation email summarizing the confirmed booking.

The prices reflected on the Platform, including packaging or handling charges, are non- negotiable and not subject to bargaining. Discounts, Limited Period Offers may be provided from time- to- time by PORTL at our sole discretion only. Very rarely, prices may change at the time of placing Order due to unforeseen manufacturing or mercantile costs attributable to various factors beyond control. Further, prices on any product(s) or Service(s) as reflected on the Platform may due to some technical issue, typographical error be incorrectly reflected and in such an event Buyer may contact our Customer Service Team for clarifications and /or resolution. For further details with respect to returns, refunds or warranties, please refer to our Return & Refund Policy.

BOOKINGS, PURCHASE, ORDER FULFILMENT

We provide our customers the option to pre- book orders for our Products and such pre- booking requires that the Customer make a partial payment at time of pre- booking (further details at time of checkout and specified in the Invoice) with balance becoming payable 1 week or 7 working days prior to the scheduled date of Delivery. Customers may also purchase our Products and Services by making full payment at the time of placing Order in the manner herein specified.

Your Purchase shall be complete when we receive full payment as specified in the respectively generated Invoice and in accordance with the payment terms enumerated in these terms. We will initiate Order Fulfilment processes upon receipt of payment as specified above. 

DELIVERY & INSTALLATION

At the time of placing order as specified herein, Customer may opt for Delivery of Product or request Delivery and Installation. Installation shall pertain to installation by our installation team to wall mount the Product within 24- 48 hours of date of Delivery. Additional Delivery and Installation fees shall apply unless expressly waived by PORTL. For further details about our delivery policies please refer to our Shipping & Delivery Policy page. 

Please note that our Delivery and Installation Services are available in select regions of India and naturally subject to the local, regional, zonal rules, laws, restrictions as may be prevailing or come into force at estimated time of delivery and/ or installation with regard to the ongoing pandemic. PORTL remains committed to adhering to and respecting all applicable governmental COVID-19 safety norms and any deliveries, installations, including delays, non- fulfilment of delivery or installation owing to pandemic related restrictions shall be governed by Force Majeure laws as available under Indian law and in accordance with the relevant provisions herein.

MEDIA & CONTENT PARTNERS

In order to provide you, our customers, with the best possible experience that enhances your personal health, fitness and wellness journey with us, we collaborate with content providers which include entertainment and media platforms such as Spotify, Gaana etc.; in the future we may also collaborate with premier gyms, wellness centres, fitness trainers and wellness coaches for the purpose of providing you with greater access to tailor- made wellness, fitness and workout routines. Your access to these entertainment and media platforms entails that you will be governed by the privacy policies of these platforms and you understand and agree that such access and usage is entirely voluntary and not subject to these Terms or the terms of our Privacy Policy or any other related PORTL Data Protection Policy and as such, PORTL shall not be liable or responsible in any manner whatsoever for your experience with these platforms.

For our Media and Content Partners, if you offer your services or products on our platform, it must remain within the parameters of the terms of your respective contracts with PORTL and in complete adherence of the terms therein. You understand that the service, work, content that you provide as part of your contract with PORTL shall be solely your responsibility and PORTL shall bear no liability for any malfunction, glitches, adverse effects that any of End- User may experience when accessing and using your platform or work, content etc.

If you are a Content Partner which shall mean to include Content Provider, Content Creator, you hereby agree and undertake that the Content provided by you is in accordance with the specifications as per your Contract with PORTL as well as in strict adherence to all applicable legal & ethical rules and regulations that are prevailing in Indian Law and you shall refrain from any activity or practice in relation to your contractual work with PORTL that is fraudulent, unlawful, unethical  or contrary to public health and safety or in  any manner a violation of any prevailing laws and regulations relating to the intellectual property and cyber- security of PORTL as well as any third- parties.

PORTL SOCIAL MEDIA ACCOUNTS AND COMMUNITY GUIDELINES

In our endeavour to provide and build a wholesome, holistic wellness and fitness community for our Users we also provide and maintain a wide range of social media accounts wherein we may post promotional content and information, and our Users may participate, follow, subscribe, login onto such PORTL social media in accordance with the terms herein and understand and agree that such use and access to our social media accounts is subject to and bound by PORTL Community Guidelines as enumerated herein as well as these Terms, our other policies. 

Furthermore, as part of the functionality of the Website and/or App, you may link your account with online accounts you may have with third party service providers (each such account, a “Third Party Account”) by either: (i) providing your Third Party Account login information through the Website; or (ii) allowing us to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to us and/or grant Company access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating Company to pay any fees or making us subject to any usage limitations imposed by such third party service providers. By granting us access to any Third Party Accounts, you understand that (i) We may access, make available and store (if applicable) any content that you have provided to and stored in your Third Party Account (the “Social Network Content”) so that it is available on and through the Website via your account, including without limitation any friend lists, and (ii) we may submit and receive additional information to your Third Party Account to the extent you are notified when you link your account with the Third Party Account. Depending on the Third Party Accounts you choose and subject to the policies of such Third- Party Accounts and privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts may be available on and through your account on the Website. Please note that if a Third Party Account or associated service becomes unavailable or Company’s access to such Third Party Account is terminated by the third party service provider, then Social Network Content may no longer be available on and through the Website. You will have the ability to disable the connection between your account on the Website and your Third Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS. PORTL makes no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality or non-infringement, and shall not be responsible for any of your Social Network Content. You acknowledge and agree that Company may access your e-mail address book associated with a Third Party Account and your contacts list stored on your mobile device or tablet or computer solely for the purposes of identifying and informing you of those contacts who have also registered to use the Website. 

We can remove any content or information that you share on the Service if we believe that it violates these Terms of Use, our policies or Community Guidelines or we are permitted or required to do so by law. We can refuse to provide or stop providing all or part of the Service to you (including terminating or disabling your access to the PORTL Products and Services) immediately to protect our community or services, or if you create risk or legal exposure for us, violate these Terms of Use or our policies, if you infringe our terms pertaining to intellectual property rights, or where we are permitted or required to do so by law. We can also terminate or change the Service, remove or block content or information shared on our Service, or stop providing all or part of the Service if we determine that doing so is reasonably necessary to avoid or mitigate adverse legal or regulatory impacts on us. If you believe that your account has been terminated in error, or you want to disable or permanently delete your account, email us at support@portl.co . If you request to delete content or your account, the deletion process may take up to 180 days to delete content after the deletion process begins. While the deletion process for such content is being undertaken, the content may no longer accessible to you or to other End Users and/ Users, but remains subject to these Terms of Use and our Privacy & Data Protection Policy. After the content is deleted, it may take us up to another 60 days to remove it from backups and disaster recovery systems. However you understand and agree that content will not be deleted within 240 days of the initiation of account deletion or content deletion process in the event your content has been used by others in accordance with prevailing laws; or where deletion within 240 days is not possible due to technical limitations of our systems, in which case, we will complete the deletion as soon as technically feasible; or where deletion would restrict or impair our ability to: investigate or identify illegal activity or violations of our terms and policies (for example, to identify or investigate misuse of our products, services or systems); protect the safety and security of our products, services, systems, Users and End Users; comply with any legal obligation, such as the preservation of evidence; or comply with a request of a judicial or administrative authority, law enforcement or a governmental agency.

We at PORTL aim to build a thriving community focussed on holistic wellness and fitness and we appreciate and encourage community engagement and value connecting with our online community. Please be mindful that we are here to share, discuss, and discover information and ideas through our social networks and connect with other like-minded individuals and therefore welcome your questions and comments. However, in order to keep our communities and conversations focused, we’ve established the following Community Guidelines:

Social networks are public: Please remember that our PORTL online communities are open to the public. Anything posted to our social networks may be seen and read by everyone. Because our social media pages are public pages open to our registered users, our online community of followers/ subscribers as well as general public and anyone can participate, we cannot be responsible for views expressed other than our own.

Protect personal information: DO NOT share your personal or banking information on our online communities. Please adhere to our User Registration, Payment and Payment Processing terms as enumerated herein. PORTL shall not be liable for any loss or harm incurred by you in the event you have failed to adhere to these terms.

Relevance of Content: Your comments should be related to the topics posted on our social networks. We reserve the right to delete off-topic comments, and, for instance, will remove any marketing materials, commercial content, and other types of “spam” (such as comments that are posted repeatedly), and will ban users at our sole discretion.

Ownership and Rights of Content: Please do not post content that does not belong to you. If you choose to post  third- party content you must ensure you have the proper permission from its rightful owners. If it belongs to someone else, please don’t post it. Copyrighted and trademarked material and other intellectual property will be subject to these terms and our other policies and as such, any violations shall be subject to removal/ flagging/ blocking at our sole discretion. By posting on PORTL’s social media pages, you grant us the right to use or reproduce your content. Additionally, any unsolicited ideas or suggestions you post on our social media pages will automatically become property of PORTL without limitation, with no obligation for us to compensate you.

Be respectful, kind and courteous: We believe you can make a positive contribution to our online communities, and we want to hear your voice. We welcome questions and commentary, including constructive feedback and differing opinions, but please remember to be both relevant and respectful with what you post. With no exceptions, do not tolerate harassment, abuse, or threats. We reserve the right to remove any posts that don’t adhere to our guidelines and to block anyone who violates them at our sole discretion. Specifically, we do not tolerate posts that are:

  • Abusive, harassing, stalking, threatening or attacking others

  • Defamatory, offensive, obscene, vulgar or depicting violence

  • References to upsetting or distressing subjects

  • Hateful in language targeting race/ethnicity, age, weight, physical appearance, colour, creed, religion, gender, sexual preference or orientation, nationality or political beliefs

  • Sexually explicit or pornographic

  • Fraudulent, deceptive, libelous, misleading or unlawful

  • References to criminal or illegal activity

  • Violations of any intellectual property rights

  • Spamming of any nature

  • Viruses or programs that could damage the operation of our Services, Devices or other people’s devices/ computers

  • Commercial solicitations or solicitation of donations including website or other links.

Removal of posts and user account suspension/ bans: We reserve the right to remove any comments or content that doesn’t adhere to these guidelines or with any other applicable Terms and Conditions, our other Policies, or any prevailing rules, or laws. We may also block users who violate the rules or otherwise abuse our online communities.

Third-party websites: PORTL is not responsible for and does not endorse third-party websites or content that may be linked to from our social networking websites. Review the privacy and security practices, and policies of all third-party websites that you visit.

Disclaimer: We reserves the right to change, remove, or deny access to the content on our pages and is not responsible for any consequences you may experience as a result. Content we post is believed to be reliable at the time it is made public, however we cannot guarantee any information is complete or accurate at all times. No content posted by us, an employee or agent, or any other user/ end user/ trainer/ instructor/ coach/ guide/ medical practitioner, should be interpreted as or considered as substitute for or supercede the medical advice of your doctor(s) and/ or physician(s). Any grievances you have or issues relating to your access to and usage to our Products, Services or Devices must be addressed to the appropriate forum through our Customer Care Service and Grievance Redressal Officer(s) and you may call, email or write to us at:

    support@portl.co

 

REVIEWS & FEEDBACK- CRITICAL CONTENT

Periodically our Customer Service Team may reach out to you or you may be prompted during your use and access of our website or App to provide user experience feedback or reviews. This is in order for us to continue to improve and enhance the quality of our Products and Services and ensure that our End Users continue to be positively engaged and satisfied with their experience of our Services and Products. You hereby also understand and agree that End User Reviews and Feedback may also be used to help other Users and End Users to learn more about the product and decide whether it is the right product for them. In furtherance of such, the reviews and feedback provided by you should provide genuine product/ experience feedback. We have a zero- tolerance policy for any reviews and/ or feedback designed to malign PORTL or its Services, Products or its employees or agents or abuse, mislead or manipulate other existing or prospective Users, End Users or members of our online community. As such all reviews and/ or feedback must adhere and shall be subject to these Terms including our other policies and Community Guidelines. You agree that your reviews or feedback shall not be a form of promotion of any other third- party products, services, devices, websites, apps or of any direct or indirect competing, conflicting business or financial interest or any third- party content.

By using or accessing our Platform, our Website, our App and/ or our social media pages, you agree that any information shared by you with PORTL via any of the aforementioned methods, or while availing our Tele- medicine or Tele- consultation services, will be subject to these Terms and our other policies including our Data Protection & Privacy Policy.

You are solely responsible for the content that you choose to submit for publication on our Platform, Website, App and/ or Social Media pages including any feedback, ratings, or reviews (“Critical Content”). The role of PORTL in publishing Critical Content is restricted to that of an ‘intermediary’ under the Information Technology Act, 2000. PORTL disclaims all responsibility with respect to the content of Critical Content, and its role with respect to such content is restricted to its obligations as an ‘intermediary’ under the said Act. PORTL shall not be liable to pay any consideration to any User or End- User for re-publishing any content across any of its platforms.

 Without prejudice to the detailed terms specified in our Data Protection & Privacy Policy, you hereby agree not to post or publish any content on the Website that (a) infringes any third-party intellectual property or publicity or privacy rights, or (b) violates any applicable or prevailing law or rules or regulations. PORTL, at its sole discretion, may choose not to publish your reviews and feedback, if so required by applicable law, and in accordance with these Terms and/ or our Data Protection & Privacy Policy. 

You understand and agree that PORTL shall have no obligation to pre-screen, review, flag, filter, modify, refuse or remove any or all Critical Content from any Service, except as required by applicable law.

You understand and agree that by accessing our Platform, using our Products or availing our Services you may be exposed to Critical Content or other content that you may find offensive or objectionable. PORTL shall not be liable for any effect on User and or End user’s business, personal life and/ or health due to Critical Content of a negative nature. In these respects, you may use our Platform and Services at your own risk. PORTL however, as an ‘intermediary, takes steps as required to comply with applicable law as regards the publication of Critical Content. The legal rights and obligations with respect to Critical Content and any other information sought to be published by Users and/ or End Users remain bound and subject these Terms herein as well as our other policies including Data Protection and Privacy Policy.

PORTL will take down information under standards consistent with applicable law, and shall in no circumstances be liable or responsible for Critical Content, which has been created by the Users or End Users. The principles set out in relation to third party content in the terms of Service for the Website shall be applicable mutatis mutandis in relation to Critical Content posted on the Website.

If PORTL determines that you have provided inaccurate information or enabled fraudulent feedback, PORTL reserves the right to immediately suspend your access to our Platform and any of your accounts with PORTL and makes such declaration on the website alongside your name/your clinics name as determined by PORTL for the protection of its business and in the interests of other Users and End Users.

TERMINATION

Violation of these terms or the terms of our other policies including but not limited to the Data Protection & Privacy Policy or any of our Community guidelines shall be construed to be a serious, irreparable breach and as such, subject to immediate suspension and/ or termination in accordance with applicable provisions herein or enumerated in the respective PORTL policies. PORTL reserves the right to suspend or terminate a User’s or End User’s access to the Platform, Website, App and any and all of our Services with or without notice and to seek and exercise any and all other remedies available under law, in the event of:

  • Such User or End User violating any terms and conditions of this Agreement or any of our other policies;

  • A third party reports violation of any of its right as a result of your use of our Platform and/ or Services;

  • PORTL is unable to verify or authenticate any information provide to PORTL by a User or End- User;

  • PORTL has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User or End User; or

  • PORTL has cause to believe in its sole discretion that such User’s or End User’s actions may cause legal liability for such User, End User, other Users or End Users or for PORTL, its employees, partners, agents, associates or any other citizen or entity or are contrary to the interests of PORTL’s business, reputation or are in contravention of any prevailing laws of India.

Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Website under the same account, a different account or re-register under a new account. On termination of an account due to the reasons mentioned herein, such User or End User shall no longer have access to data, messages, files and other material stored or filed on our Platform/ Devices/ Website/ App by such User or End- User. Such User or End User shall ensure that he/she/it has continuous backup of any medical/ health/ fitness records, services, information the User or End User has rendered or availed. Any loss, harm, damage incurred as a result of suspension or termination including any direct, indirect, perceived, projected or actual loss of business or personal injury or wrongful death shall be attributable solely to such User or End User’s neglect, misuse, fraud, illegal activity etc., as the case may be and no PORTL shall bear no liability whatsoever.

Termination and/ or suspension notwithstanding, all other undertakings and obligations pertaining to these terms, Data Protection & Privacy Policy, Community Guidelines, Confidentiality, Intellectual Property, Indemnification, Limitations of Liability, Payment and Payment processing in the event of outstanding payments and dues, Severability, Survival, Governing laws and terms of Dispute Resolution, General Disclaimers, these terms of suspension and termination and any and all other provisions of this and other PORTL policies which by their nature are intended to survive termination/ suspension of this Agreement shall endure and continue to be binding on any such User or End User, so suspended or terminated.

You agree that any violation by you of these Terms will constitute a serious and irreparable breach, and will cause irreparable harm to PORTL for which monetary damages would be inadequate, and you consent to PORTL obtaining any injunctive or equitable relief that it deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies that PORTL may have at law or in equity. If PORTL takes any legal action against you as a result of your violation of these Terms, they will be entitled to recover from you, and you hereby agree to pay, all related attorneys’ fees and costs of such action, in addition to any other relief that may be granted by the courts of law

 

CONFIDENTIALITY

Your personal information is maintained by PORTL in electronic form on its equipment, and on the equipment of its employees. Such information may also be converted to physical form from time to time. We also utilize third- party cloud services and external servers for storing information and such third party cloud services may use servers that are located outside India. For further details on our cloud service storage, please read our Data Protection & Privacy Policy. PORTL takes all necessary precautions to protect your personal information both online and off-line, and implements reasonable security practices and measures including certain managerial, technical, operational and physical security control measures that are commensurate with respect to the information being collected and the nature of PORTL’s business.

 

INTELLECTUAL PROPERTY

 

It is understood and agreed that PORTL is either the sole owner of intellectual property rights or possesses the non-exclusive, worldwide, perpetual, irrevocable, royalty free, sub-licensable (through multiple tiers) right to exercise the intellectual property, in the Platform, and in the material published on it, including but not limited to any content, media or component, software, computer codes, Artificial Intelligence, designs, graphics, images, music, audio and video content, user interface, layout format, order placing process flow structure, selection, coordination, expression, look and feel and arrangement of such Content and any and all related content contained therein, and which are protected by copyright, patent and trademark laws, and various other intellectual property rights. 

 

The trademarks, logos and service marks displayed on the Platform (“Marks”) are the property of PORTL and / or other respective third parties, as the case may be. You are not permitted to use the Marks without the prior consent of the Company, or such other third party that may own the Marks. You recognize, understand and agree that PORTL is the registered owner of the word mark ‘PORTL’ and the logo  including but not limited to its variants (IPR) and shall not directly or indirectly, attack or assist another in attacking the validity of, or PORTL’s or its affiliates proprietary rights in, the licensed marks or any registrations thereof, or file any applications for the registration of the licensed marks or any names or logos derived from or confusingly similar to the licensed marks, any variation thereof, or any translation or transliteration thereof in another language, in respect of any products/services and in any territory throughout the world. If you become aware or acquire knowledge of any infringement of IPR you shall report the same at support@portl.co  with all relevant information.

 

You understand and agree that you shall not alter or modify or attempt to alter or modify or make or attempt to make physical or digital copies or reproductions of any materials you may have accessed on our Platform in any way, and you shall not in any manner use any illustrations, photographs, video or audio sequences or any graphics contained therein. You understand and agree not use any part of the materials on the Platform for commercial purposes without obtaining a license to do so from us or our authorized licensors, as the case may be. Any violation of these terms shall be a breach of your agreement with PORTL, resulting in your right to use the Platform being blocked at our sole discretion and your access to our Platform shall cease immediately and you shall furthermore be liable to the fullest extent of the law.

 

GENERAL DISCLAIMERS 

The platform may be under constant upgrades, and some functions and features may not be fully operational.

Due to circumstances unforeseen or beyond human control in the electronic distribution of information and due to the limitations inherent in providing content online via artificial intelligence and internet services, there may be delays, omissions, glitches or inaccuracies in the content provided on the platform or delay or errors in functionality of the platform. As a result, we do not represent that the information posted is correct in every case and shall not be liable for any loss. Harm, inconvenience or damage that may arise under such circumstances.

We expressly disclaim all liabilities that may arise as a consequence of any unauthorized use of credit/ debit cards and/ or any violation of RBI rules and regulations as well as any violation by you of the prevailing laws of India.

You acknowledge that third party services are available on the platform. We may have formed partnerships or alliances with some of these third parties from time to time in order to facilitate the provision of certain services to you. However, you acknowledge and agree that at no time are we making any representation or warranty regarding any third party’s services nor will we be liable to you or any third party for any consequences or claims arising from or in connection with such third party including, and not limited to, any liability or responsibility for, death, injury or impairment experienced by you or any third party. You hereby disclaim and waive any rights and claims you may have against us with respect to third party’s / merchant’s services.

PORTL disclaims any and all liability that may arise due to any violation of any applicable laws including the law applicable to products and services offered by any third- party and/or merchant

While the materials provided on the platform were prepared to provide accurate information regarding the services, products and/ or subject discussed, the information contained in these materials is being made available with the understanding that we make no guarantees, representations or warranties whatsoever, whether expressed or implied, with respect to professional qualifications, expertise, quality of work or other information herein. Further, we do not, in any way, endorse any service offered or described herein. In no event shall we be liable to you or any third party for any decision made or action taken in reliance of such information.

The information provided hereunder is provided “as is”. Neither PORTL and/ or our employees make any warranty or representation regarding the timeliness, content, sequence, accuracy, effectiveness or completeness of any information or data furnished hereunder or that the information or data provided hereunder may be relied upon as substitute for the advice, treatment regimen and/ or prescriptions/ medications given by your doctor(s) and/ or physician(s). Multiple responses may usually be made available from different sources both on and off our Platform and it is left to the judgement of users based on their specific circumstances to use, adapt, modify or alter suggestions or use them in conjunction with any other sources they may have, thereby absolving us as well as our consultants, business associates, affiliates, business partners and employees from any kind of legal and/ or professional liability.

We shall not be liable to you or anyone else for any losses or injury arising out of or relating to the information provided on the platform and your usage of the same. In no event will we or our employees, affiliates, authors or agents be liable to you or any third party for any decision made or action taken by your reliance on the content contained herein.

In no event will we be liable for any damages (including, without limitation, direct, indirect, incidental, special, consequential or exemplary damages, damages arising from personal injury/wrongful death, and damages resulting from lost profits, lost data or business interruption), resulting from any services provided by any third party or merchant accessed through the platform, whether based on warranty, contract, tort, or any other legal theory and whether or not we are advised of the possibility of such damages. Nothing contained herein or in our content, services or products shall constitute or be regarded as substitute for the advice, treatment(s), prescription(s) of the user’s doctor(s) and/ or physician(s). Ignoring, neglecting, disregarding or failure to follow the advice of your own doctor(s) and/ or physician(s) shall be at your own risk and discretion and PORTL shall in no way be liable for such negligence, disregard and or failure on part of user and/ or their family members, care givers, next of kin or legal guardian.

As we are providing services in the select cities in India (please refer Shipping & Delivery Policy), we have complied with applicable laws of India in making the Platform and its content available to you. In the event the Platform and/ or our Services are ordered or accessed from outside India or outside our delivery zones, it shall be entirely at your risk with no liability for PORTL. We make no representation that the Platform, its contents, our devices or services are available or otherwise outside select cities. If you choose to access or use the Platform from or in locations outside select cities, you do so on your own and shall be responsible for the consequences and ensuring compliance of applicable laws, regulations, byelaws, licenses, registrations, permits, authorisations, rules and guidelines. PORTL shall reserve the right to decline its services when not within the aforementioned select regions and shall in no way be liable for such.

You shall at all times be responsible for the use of the Services through your computer or mobile device and for bringing these Terms of Use and PORTL policies to the attention of all such persons accessing the Platform on your computer or mobile device.

You understand and agree that the use of the Services does not include the provision of a computer or mobile device or other necessary equipment to access it. You also understand and acknowledge that the use of the Platform requires internet connectivity and telecommunication links. You shall bear the costs incurred to access and use the Platform and avail the Services, and we shall not, under any circumstances whatsoever, be responsible or liable for such costs.

You agree and grant permission to PORTL to receive promotional SMS and e-mails from PORTL or allied partners. In case you wish to opt out of receiving promotional SMS or email please send a mail to 

support@portl.co

 

 LIMITATION OF LIABILITY

In no event, including but not limited to negligence, shall PORTL, or any of its directors, officers, employees, agents or content or service providers, affiliates (collectively, the “Protected Entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Platform, App or Website or the devices, content, materials and functions related thereto, the Services, User or End User’s provision of information via the Platform, Website, App or any injury, wrongful death, harm, damage, loss of business of either Users or End Users, even if such Protected Entity has been advised of the possibility of such damages. In no event shall the Protected Entities be liable for:

  • provision of or failure to provide all or any Services rendered or managed through the Platform, App or Website;

  • any content posted, transmitted, exchanged or received by or on behalf of any User, End User or any other person or entity on or through the Platform, App, Website, Devices;

  • any unauthorized access to or alteration of your transmissions or data; or

  • any other matter relating to the Platform, App, Website or the Services and Devices.

You agree to indemnify, defend and hold harmless PORTL and all other Protected Entities from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the Protected Entities that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these Terms of Use. Further, you agree to hold the Indemnitees harmless against any claims made by any third party due to, or arising out of, or in connection with, your use of the Platform or Platform Services or Content, Devices, any misrepresentation with respect to the data or information provided by you, your violation of the Terms of Use, or your violation of any rights of another, including any intellectual property rights. If you are among our Users and/or Strategic Partners, you understand and agree that you are bound not only by the terms of this Agreement and our related Policies but also by the respective Contracts and Agreements in force between you and PORTL relating to your engagement, involvement, employment, collaboration with us. Nothing in these terms or any contracts between you, (our Users) and PORTL shall in any way create any liability for PORTL or its other affiliates, including directors, shareholders, other employees, agents, partners, content providers and any claims arising out of actual or perceived, direct or indirect loss, harm, damage, including but not limited to personal injury, wrongful death of any End User, or any entity in relation to the advice, fitness plan, chart or regimen, treatment, prescribed medication and/ or health supplements of any nature that form part of your (User’s) Tele- Medicine or Tele- Consultation sessions with End- User, shall be sole responsibility of the User and PORTL and all its aforementioned affiliates shall remain indemnified from any liability or claims arising therefrom.

In no event shall the Protected Entities be liable to you or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, arising out of or in connection with your use of or access to the Platform, Platform Services, Devices or Content on the Platform. The limitations and exclusions in this Section apply to the maximum extent permitted by applicable laws.

In addition, and without limiting the foregoing, to the fullest extent permitted by applicable law, in no event will the Protected Entities’ aggregate liability arising out of or in connection with these Terms of User or the services rendered hereunder, whether in contract, tort (including negligence, product liability, or other theory), warranty, or otherwise, exceed the amount of actual fees and/ or monies charged from you.

If applicable law does not permit the exclusion of certain warranties or the limitation or exclusion of liability, the scope and duration of such warranty exclusions and the extent of the liability of PORTL shall be the minimum permitted under applicable law.

 

APPLICABLE LAW AND DISPUTE SETTLEMENT

You agree that this Agreement and any contractual obligation between PORTL and User or PORTL and End User will be governed by the laws of India.

Any dispute, claim or controversy arising out of or relating to this Agreement, including the determination of the scope or applicability of this Agreement to arbitrate, or your use of the Platform, App, Website or the Services, Devices or information to which it gives access, shall be determined by arbitration in India, before a sole arbitrator appointed by PORTL. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be Hyderabad, Telangana. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the parties to the dispute.

Subject to the above clause the courts at Hyderabad shall have exclusive jurisdiction over any disputes arising out of or in relation to this Agreement, your use of the Platform, App, Website or the Services, Devices or the information to which it gives access.

 

SEVERABILITY

If any provision of the Agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from this Agreement and the remainder of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event, the Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.

 

NON-ASSIGNMENT

You shall not assign or otherwise transfer or purport to assign or transfer this Agreement or any other related contracts in force between you and us or any rights granted or obligations created hereunder to any third party for any duration or purpose whatsoever. The Company’s rights under these Terms are freely transferable by the Company to any third party without the requirement of seeking your consent.

WAIVER

No provision of this Agreement shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by PORTL. Any consent by PORTL to, or a waiver by PORTL of any breach by you, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

FORCE MAJEURE

Neither PORTL or the Users, End- Users shall be liable for any failure or delay in performance under these terms (other than for delay in the payment of money due and payable in accordance with these terms) for causes beyond the party’s reasonable control and not caused by that party’s fault, or negligence, including, but not limited to, “acts of God”, acts of government, flood, fire, civil unrest, acts of terror, strikes or other labour problems, computer attacks or malicious acts, such as attacks on or through the internet, any internet service provider, telecommunications or hosting facility, but in each case, only if and to the extent that the non-performing Party is without fault in causing such failure or delay, and the failure or delay could not have been prevented by reasonable precautions and measures and cannot reasonably be circumvented by the non-conforming Party through the use of alternate sources, workaround plans, disaster recovery, business continuity measures or other means. Dates by which performance obligations are scheduled to be met shall be extended for a period of time equal to the time lost due to any delay so caused.

 

CUSTOMER SUPPORT, CONTACT INFORMATION & GRIEVANCE REDRESSAL

If any End User or User has any questions concerning PORTL, our Platform, Website, App, this Agreement, the Services, Devices, or anything related to any of the foregoing, PORTL customer support can be reached at the following number or email address: 

Customer Support Number: +918951394345

Customer Support Email: support@portl.co 

 

In accordance with the Information Technology Act, 2000, and the rules made there under, if you have any grievance with respect to our Platform, App, Website, including any discrepancies and grievances with respect to processing of information, privacy, intellectual property, you can contact our Grievance Officer at:

armaan@portl.co .

If you believe the Platform or any of the Platform Services violates your intellectual property, you must promptly notify the Company in writing to our Grievance Officer at the aforementioned address. These notifications should only be submitted by the owner of the intellectual property or an agent authorized to act on his/her/ their behalf. However, any false claim by you may result in the termination of your access to the Platform and any other legal remedies available to PORTL under prevailing laws. You are required to provide the following details in your notice:

1.       the intellectual property that you believe is being infringed;

2.       the item that you think is infringing and include sufficient information about where the material is located on the Platform;

3.       a statement that you believe in good faith that the item you have identified as infringing is not authorized by the intellectual property owner, its agent, or the law to be used in connection with the Platform;

4.       Your contact details, such as your address, telephone number, and/or email;

5.       a statement that the information you provided in your notice is accurate, and that you are the lawful, rightful intellectual property owner or an agent authorized to act on behalf of the intellectual property owner whose intellectual property is being infringed; and

6.       Your physical or electronic signature.

NOTICES

All notices from PORTL will be served by email to your registered email address or by general notification on the Platform, App, Website. 

YOU UNDERSTAND AND AGREE THAT BY CLICKING THE “I ACCEPT” BUTTON, YOU CONSENT TO ABIDE AND SHALL BE BOUND BY THESE AND RELATED TERMS AND POLICIES AS SPECIFIED HERE=