USER AGREEMENT OR TERMS OF USE AND CONDITIONS

This website is exclusively owned and managed by Atreya Innovations Private Limited, a Non-Governmental Private Limited Company incorporated under the Companies, Act, 2013 (herein after referred to as “the Company” for the sake of brevity). Atreya Innovations Private Limited, on behalf of itself under the brand “Turyaa” or “Turyaa Wellness”, is the author and publisher of the internet resource www.turyaawellness.com and the mobile application ‘Turyaa’ (together, “Website”). Turyaa owns and operates the services provided through the Website.

This terms and conditions or the user agreement covers the Turyaa system which comprises of the Turyaa gadget or hardware, the Turyaa mobile app, Turyaa analysis reports, Turyaa platform to interact with wellness coaches and the website www.turyaawellness.com and all the content on the website. We refer to all of the above and any other products / software, websites, memberships and services that link to this agreement collectively as ‘services’.

The Company generally deals in services of Nadived or Nadiparkisha an ancient technique of diagnosis through the pulse for accurately diagnosing physical, mental and emotional imbalance as well as disease and have developed products called as ‘Turyaa’ for the above mentioned purposes. These terms of use constitute a legally binding agreement between Atreya Innovations Private Limited and the users or the visitors to the website or application for any of the products and services offered by the Company.

 

Your use of the products and services either directly through walk in or through our website are governed by the disclaimer terms of use and conditions mentioned at appropriate places and as applicable to the user and the Company including the applicable policies which are incorporated herein by way of reference. By mere use of the application the user is contracting with Atreya Innovations Private Limited, the owner of the website. These terms and conditions including the policies constitute your binding obligations, with the Company.

 

When the user uses any of the services provided by the Company through the Platform, including but not limited to the user, the users will be subject to the rules, guidelines, policies, terms, and conditions applicable to such product or service and they shall be deemed to be incorporated into this terms of use and shall be considered as part and parcel of this Terms.

It is mandatory for you to abide by these terms while using the system or services. By using or accessing the services, or by agreeing to these terms where the option is made available to you in the user interface, you agree to abide by this agreement without any modification. These terms of use and conditions shall continue to form a valid and binding contract between the Parties and shall continue to be in full force and effect until the User continues to access and use the website.

 

That the Company Atreya Innovations Private Limited was incorporated on 20th March, 2015, a Non-Government Private Limited Company and a Company Limited by Shares, having Corporate Identification Number (CIN) as U74900PN2015PTC154428, having its registered office situated at S. No. 138 / 1, Office No. 1, 3rd Floor, City Centre, Phase 1, Hinjewadi Pune - 411 057, Maharashtra State, India, represented through its Director Mr. Aniruddha Jyeshtharaj Joshi  holding Director Identification Number (DIN) 03374708 which expression shall unless repugnant to the context or meaning thereof mean and deemed to mean and include its successors and permitted assigns, and includes its Directors, authorized representatives, official liquidators, administrators and assigns etc.

WHEREAS the Company is generally a user or visitor on the website or portal of the Company who have advised to use the product supplied by the Company

AND WHEREAS the Company is located at following URL: www.turyaawellness.com or any such links provided by the Company (subject to any modifications from time to time) has many registered and non - registered users to whom the Company offers products and services;

 

AND WHEREAS the Company has developed a product or device called as ‘Turyaa’ low-risk, general wellness product with the objective to promote a healthy lifestyle and play an important role in improving the quality of life and living well while also reducing the impact or risk of some chronic diseases and conditions. The wellbeing companion program is solely based on dietary, yoga, sleep & exercise suggestions.

 

AND WHEREAS Turyaa is not intended to diagnose, treat, cure or prevent any disease or medical condition nor going to prescribe or change the dosage of existing medications if applicable. Further the Company is not a licensed medical or health-care provider and has no expertise in diagnosing, examining, or treating medical conditions of any kind.

Definitions:

 

For the purpose of this Agreement, the following words and phrases shall have the meaning assigned to them under this Article.

 

1. “Application or App” means an online platform owned and operated by the Company that facilitates the promotion, marketing and sale of products or services between the User and the Customer or shall mean the website or Mobile Application or App owned and developed and having all the rights in favour of Atreya Innovations Private Limited;

 

2. “User” shall mean any person who visits the website or the Company or uses any of the products or services offered by the Company.

 

3. Company” shall mean Atreya Innovations Private Limited or Turyaa or any of the Mobile applications or websites owned by the Company from time to time;

 

4. “Customer” shall mean any user, individual, group of Individuals, firm, company or any other person or entity placing an order for the products or services offered by the Company through the website of the Company or otherwise;

 

5. “Website or Online Store” shall mean a virtual electronic store created on Turyaa online portal or web application or App for sale of the Company’s products or services through such application displaying the particulars of the Company’s products or services available for sale or any other means by which the user places an order for the products or services of the Company.

 

6. “Turyaa” is a website and a Product or a device development by the Company for the purposes low-risk, general wellness product with the objective to promote a healthy lifestyle and play an important role in improving the quality of life and living well while also reducing the impact or risk of some chronic diseases and conditions.

RECITALS TO FORM AN INTEGRAL PART OF THIS AGREEMENT:

1. Nature and applicability of terms:

The user is mandatorily required to go through these terms and conditions (“Terms or User Agreement”) and the privacy policy before you decide to access the Website or avail the services made available on the Website by the Company. These Terms and the Privacy Policy together constitute a legal agreement (“Agreement”) between you and the Company in connection with your visit to the Website and your use of the Services (as defined below).

 

By downloading or accessing the Website to use the Services, you irrevocably accept all the conditions stipulated in this Agreement and Privacy Policy as available on the Website and agree to abide by them. This Agreement supersedes all previous oral and written terms and conditions (if any) communicated to you relating to your use of the website to avail the Services. By availing any Service, you signify your acceptance of the terms of this Agreement.

 

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

 

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

 

Your access to use of the Website and the Services will be solely at the discretion of the Company.

 

The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but not limited to:

  1. the Indian Contract Act, 1872,

  2. the (Indian) Information Technology Act, 2000, and

  3. the rules, regulations, guidelines and clarifications framed there under including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”).

2. Access to Website

Your access to the use of the Website and the Services will be solely at the discretion of the Company. Anyone over 18 years of age and those who are not barred from receiving services under the applicable the Indian Contract Act, 1872 can use our services.

 

In case of violation of the terms and conditions mentioned herein, there are a range of actions we may take including but not limited to removing your content from the services, suspending or canceling your access to the services, disabling or terminating your account (which means you may no longer have access to those products, services, or content connected to your account), and / or referring such activity to appropriate authorities. Content that is deleted may be irretrievable.

3. Conditions of use:

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

 

4. Changes in Our Services

The Company reserves the right to modify, correct, amend, enhance, improve, make any other changes to or discontinue, temporarily or permanently our Services (or any part thereof, including but not limited to the Content) without notice, at any time and at its sole discretion. In addition, you hereby acknowledge that the content provided under our Services may be changed, extended in terms of content and form or removed at any time without any notice to you. You agree that Company shall not be liable to you or to any third party for any modification, suspension, or discontinuance of our Services or the content included in our Services. The intimation about the changes will be given to you with a notice period of atleast 30 (thirty) days in advance.

 

5. Account Registration and information

Unless you notify us of your request to delete your Account as specified in the Privacy Policy, we may maintain your inactive Account including all data and reports therein, in order to allow you to reactivate the Account if you choose to renew your Subscription or avail our services at a later stage. The provisions of Section 7 and Section 8 (Obligations, Warranties, Representations and Undertakings of the user), Section 12 (Product descriptions), Section 13 (Availability of Services), Section 14 (Intellectual Property Rights), Section 16 (Indemnification), Section 17 (Termination of the Service), Section 20 (Privacy Policy), Section 21 (Disclaimers), Section 30 (Warranty) Section 33 (Limitation of Liability), and General Clauses shall survive the termination or expiration of these terms.

 

In order to use the Services and the Turyaa device, you first must register and open a User account on the Website (the “Account”). Registration must be completed by providing Company with registration information required by Company which may be comprised of personal and sensitive information including but not limited to your name, photograph, phone number, e-mail address, date of birth, gender, and other demographic information. You shall provide accurate, complete and up-to-date information in connection with the use of the Services.

 

You agree not to disclose your login credentials to any third party other than a medical provider or your personal caretaker, and you are responsible for any use or misuse by any third party if you do choose to disclose these credentials to the third party. If you forget your password, you can request through the Services to have a new password issued and sent to your registered-mail address. Your Account is at risk if you let someone else use it inappropriately and we reserve the right to temporarily suspend or permanently terminate your Account if we determine that you or anyone using your Account violates these Terms. You must notify us immediately of any unauthorized use of your Account or login credentials or any other breach of security to which you become aware. We cannot and will not be liable for any loss or damage arising from any failure of yours to comply with the terms or from any unauthorized use of your Account or any other breach of security. You shall be liable for the losses of Company and/or others due to any such use.

6. Platform Providers

By downloading the App from a third-party mobile application marketplace (e. g. AppStore), a service provider or distributor (“App Providers”), your use of the App may also be subject to the rules of use of the App Providers (“Rules of Use”). Note that the Rules of Use may apply to you and it is your responsibility to determine whether and to what extent the Rules of Use apply to you. You agree to meet all the Rules of Use of the App Providers that apply to you. Such App Providers are independent from the Service. You hereby acknowledge that the Company has no control over such App Providers, and further acknowledge and agree that Company is not responsible for the availability of App Providers, and does not endorse nor is it responsible or liable for any goods, services, content, advertisements, products, or any materials available on and/or through such App Providers. You may not use any meta tags or any other “hidden text” utilizing the Company’s name or trademarks without the express written consent of the Company. You shall not attempt to gain unauthorized access to any portion or feature of the Application or any other systems or networks connected to the Application or any server, computer, network, or any of the services offered on or through the Application, by hacking, ‘password mining’ or any other illegitimate means.

 

By agreeing to the Terms of Use, the user agrees to receive promotional communication and newsletters from the Company and its partners. The user can opt-out from such communication and/or newsletters either by unsubscribing on the Application itself or by contacting the customer services team and placing a request for unsubscribing.

 

The subscriber should not use Turyaa as a medical device or diagnostic tool. The user should consult the relevant doctor / medical professional for any health-related issues and should not use Turyaa as a medical guide. The user should not make any medical decision using Turyaa, for which the user will be solely responsible and HCSPL would not be liable for any claims whatsoever. Turyaa is not a substitute for any allopathic treatment or medication and the user should not discontinue any current treatment of medication without expert advice from a doctor. Without prejudice to the above, Turyaa makes no representation or warranty that the Services will meet the customer’s requirements. In all circumstances, Turyaa’s liability is limited to the service fee paid by you for the transaction in question. Our price list on the website/app is indicative. Prices may change without prior notice, without affecting orders which have already been accepted.

7.Obligations, Warranties, Representations and Undertakings of the user:

The User warrants and represents that:

  1. The user has right and full authority to enter into Agreement with the Company;
    1. The User shall provide all the updated and correct information on the website and while using any of the products and services of the Company. The User shall be responsible for the correctness of information and its verification.

    2. that they have accepted all the terms and conditions as displayed on the website and have agreed to provide all the necessary personal and sensitive information as may be required viz. the users health and daily regimen, existing disease related information and agrees that the information provided is completely true and legitimate in all respects.

    3. You are aware that the product is an Artificial Intelligence and Machine Learning based health analysis platform and for which you are ready to provide your pulse, tongue and face photo daily and other sensitive information of your body parts as may be required in order to provide the correct analysis;

    4. That you will provide the personalized diet, yoga, exercises and recommendations as may be required from time to time

    5. You will not harm verbally or in any other way nor take coercive action of any kind to this health platform, their Vaidya’s, nutritionists and coaches;

    6. In case of an emergency you will always consult your nearby doctor or hospital as per your choice;

    7. viii.It is the user’s responsibility to accept or reject, rely, follow or avoid the required recommendations and that the Company and it Coaches are not liable for any damage of kind including but not limited to physical, financial, psychological, allergy, etc. as may be caused due to the use of the products or services offered by the Company from time to time.

    8. The user shall ensure that it has appropriate internet connectivity so as to avoid any failure of order, payments failure, etc. and to avoid any discrepancy;

    9. User shall pay the Company the price and necessary charges as specified by the Company for the and that User shall provide all completed transaction details wherever necessary to the Company for record keeping and reconciliation;

    10. The User shall not perform any act which may be detrimental to the business / commercial interests of the Company;

    11. The User shall at all time during the pendency of this agreement endeavor to protect and promote the interests of the Company and ensure that third parties rights including intellectual property rights are not infringed;

    12. xiii.All their obligations under this Agreement are legal, valid and binding obligations enforceable in law;

    13. xiv.There are no proceedings pending against the User, which may have a material adverse effect on their ability to perform and meet their obligations under this Agreement;

    14. That they are an authorized business establishment and hold all the requisite permissions, authorities, approvals and sanctions to conduct their business and to enter into an Arrangement with the Company. They shall at all times ensure compliance with all the laws and with all the requirements applicable to their business and for the purposes of this arrangement. They confirm that they have paid and shall continue to discharge all their obligations towards statutory authorities;

    15. xvi.That they have adequate rights under relevant laws including but not limited to various Intellectual Property Legislation (s) to enter into this Agreement with the Company and perform the obligations contained herein and that they have not violated / infringed any intellectual property rights of any third party;

8. Obligations of the Company:

 

The Company has the right and full authority to enter into this Agreement with the Company and shall provide the following:

  1. Electronic Pulse machine;

  2. Diet and Lifestyle recommendations;

  3. Coaches and users for one to one discussions;

  4. Medicines and supplements of Company or coaches;

  5. Third party medicines or supplements;

  6. Recommending doctor or coach not associated with the Company for further treatment;

  7. provide full, correct, accurate and true description of the product so as to enable the user to make an informed decision;

  8. The Company shall be solely responsible for the quality, quantity, guarantee, warranties in respect of the products offered;

  9. The Company shall not offer any of its Products for promotion, marketing or sale on the website which are out of Stock, under litigation, not in possession and ownership of its Clients and prohibited for offer, sale, and to deal with, against the public policy, banned, unlawful, illegal or prohibited under the Indian laws or the products for which any kind of Licenses, approvals for sale are required and the Client of User does not have such licenses;

  10. Take all the necessary legible information from the user from time to time as may be required to create user account and to display its products for the purpose as mentioned in this agreement;

9. Company reserves the right:

    1. User agrees and acknowledges that the Company, at all times during the continuance of this Agreement, shall have the right to remove / block / delete any text, graphic, image (s) uploaded on the online store by the User without any prior intimation to User in the event the said text, image, graphic is found to be in violation of law, breach of any of the terms of this Agreement, terms and conditions of Turyaa. In such an event, the Company reserve the right to forthwith remove / close the online store of the User without any prior intimation or liability to the User;

    2. Company reserves the right to provide and display appropriate privacy policy, disclaimers and terms of use, licenses, liabilities, restricted access, indemnity, laws and jurisdiction, etc. on the website of the Company;

    3. At any time if the Company believes that the services are being utilized by the User in contravention of the terms and provisions of this Agreement, terms and conditions of use on the website, the Company shall have the right either at its sole discretion or upon the receipt of a request from the legal / statutory authorities or a court order to discontinue / terminate the said service / s to user, without liability to refund the amount to the User to forthwith remove / block / close the account of the User and furnish such details about the User and / or its customers upon a request received from the Legal / Statutory Authorities or under a Court order.

10. Liability on the part of Company:

  1. The Company on the basis of representation by the User has created the online store or Mobile App to enable User to offer the User’s products for promotion, marketing and sale through the said Online Store. This representation is the essence of the Contract;

  2. The Company shall under no circumstances be liable or responsible for any loss, injury or damage to the User, or any other party whomsoever, arising on account of any transaction under this Agreement or as a result of the Products being in any way defective, in unfit condition, infringing / violating any laws / regulations / intellectual property rights of any third party;

  3. iii.User agrees and acknowledges that the User shall be solely liable for any claims, damages, allegation arising out of the Products offered for promotion, marketing and sale through its online store (including but not limited to quality, quantity, price, use for a particular purpose, or any other related claim) and shall hold the Company harmless and indemnified against all such claims and damages;

  4. Further the Company shall not be liable for any claims, damages arising out of any negligence, misconduct or misrepresentation by the User or any of its representatives;

11.Payments and Fees:

  1. i.In addition to the purchase price of the Company’s device, subscribing to the Company’s services (“Subscription”) and Account registration may be subject to payment of certain fees (either onetime payment or periodic) to us, as shall be presented to you at the time of subscription/registration (the "Subscription Fees").

  2. ii.Payments on the Website and the App may be executed via various credit card and other third-party payment service providers that we make available through our Services. By choosing to proceed with a payment via a third party payment service provider, you thereby: (1) agree to review and be bound by such third party payment service provider’s terms of use and privacy policy; and (2) acknowledge that you may need to hold or register an active account with that third party in order to complete a payment. We are not responsible or liable for any activities or conduct of a third-party payment service provider.

12. Product Descriptions

Every effort has been made that our Website displays the dimensions and colors of our products as accurately as possible. However, the colors you see in our products will depend on your displaying device (e.g. mobile phone, computer). We do not warrant that the product descriptions are accurate, complete, reliable, current, or error-free. If a product offered by our Website is not as described, your sole remedy is to return it unused and with the full contents of its packaging in accordance with our return policy (as described within our “Order, Return and Refund Policy” below).

 

13. Availability of services:

Our Services availability and functionality depends on various factors, such as communication networks. Company does not warrant or guarantee that our Services will operate and/or be available at all times without disruption or interruption, or that it will be error-free.

 

COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, THE INABILITY TO USE OR OPERATE, OR THE RESULTS OF THE USE OF THE CONTENT AVAILABLE ON OUR SERVICES. YOU AGREE AND ACKNOWLEDGE THAT THE USE OF OUR SERVICES IS ENTIRELY AT YOUR OWN RISK.

14.Intellectual Property Rights:

The Company, its suppliers, and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, images, content, and other materials that appear on the Application. Access to or use of the Application does not confer and should not be considered as conferring upon anyone any license to the Company or any third party’s intellectual property rights. All rights, including copyright, in and to the Application are owned by or licensed to the Company. Any use of the Application or its contents, including copying or storing it or them in whole or part is prohibited without the permission of the Company. The Company is not responsible for the content of any third-party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to access a link to any third-party websites, you do so entirely at your own risk and expense.

15. Governing Law and Jurisdiction

The User Agreement shall be governed by and construed in accordance with the laws of India, without giving effect to the principles of conflict of laws thereunder. Any dispute or difference, whether on interpretation or otherwise, in respect of any terms hereof shall be referred to an independent arbitrator to be appointed by the Company. Such an arbitrator’s decision shall be final and binding on the parties. The arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996, as amended or replaced from time to time. The seat of arbitration shall be Pune and the language of the arbitration shall be English.

Subject to the aforesaid, the Courts at Pune shall have exclusive jurisdiction over any proceedings arising in respect of the User Agreement.

16.Indemnity:

The User indemnifies and shall hold indemnified the Company, its directors, officers, employees, representatives, agents from and against all losses, damages, claims, suits, legal proceedings and otherwise howsoever arising from or in connection with any claim or demand including but not limited to claim (including the cost of litigation, if any) arising out of any content posted to or transmitted through the services, or publicly distributed on the web, your use of the services, your connection to the services, your violation of the terms or your violation of any rights of another due to or arising out of or relating to the services, or for any infringement of any intellectual property rights or any other rights of any third party or of law, concerning quality, quantity and any claim in relation to the Company’s product, the breach of any of the Company warranties, representations or undertakings or in relation to the non-fulfillment of any of its obligations under any Agreement made with the Company or arising out of the infringing any applicable laws, regulations.

 

The Company agrees to indemnify and to keep indemnified the user in respect of all claims losses and expenses (including the cost of litigation, if any) arising out of any breach or default part of the Company to perform its obligations under this Agreement.

17. Termination of Agreement:

This Agreement may be terminated by either of the parties in the event:

    1. Unsatisfactory performance by either of the parties;

    2. Either party commits a material breach of any representation, obligations, covenant, warranty or term of this agreement and the same is not rectified within fifteen (15) days after written notice given by the Company;

    3. If a Petition for insolvency is filed against either of the parties;

    4. If the parties to the agreement is in infringement of the third party rights including intellectual property rights;

    5. This Agreement may be terminated by either party by giving the other written notice in advance.

18. Notice:

  1. To the User / s:

Any Notice to the User / s shall have been sufficiently given by the Company by leaving it addressed to the User / s or authorized signatories / representatives of the User / s at the Registered office or Office of the User / s or by sending the same by registered post to their usual or place of business or last known address or by way of email or any other electronic mode of communication as maybe agreed between the User / s and the Company.

 

    2. To the Company:

Any Notice by the User / s to the Company or any of its authorized representatives / authorized signatories / Directors shall be given by addressing to the Company and leaving it at the registered office or Office of the Company or by any electronic mode of communication.

19.Grievances

If you have any questions you may contact us at info@turyaawellness.com. The Grievance Officer will contact you.

  1. You consent to provide a valid age proof and identity proof at the time of claims or any other time when required by the company.

  2. You are accepting these terms and conditions (after having read, understood and accepted the brochure/ prospectus/ sales literature/ terms and conditions of the Policy as available on the Company’s website) and declare and confirm that all the statements made by you herein/ documents submitted, if any, are complete and accurate and you have complied with the need to disclose all the material facts for considering your acceptance which shall be the basis of contract with the Company.

  3. You understand that the Policy shall become void at the Company’s option, in the event of any untrue or incorrect statement, misrepresentation, non-description or non-disclosure of any material fact, in the proposal form/personal statement, declaration and connected documents or any material information having been withheld by you or anyone acting on your behalf.

20. Privacy Policy

Our Company complies with reasonable security practices and procedures to protect the sensitive and personal information collected by us. Regular audits are conducted to ensure that reasonable security practices and procedures are in place. References to Privacy Policy may be considered at the Privacy Policy option at https://www.turyaawellness.com/privacy-policy.

21. Disclaimers

The Company hereby expressly disclaims any liability for any reliance or misuse of such information or services or products that is made available to the users and that the disclaimer terms are mentioned at appropriate places in the user agreement wherever necessary.

22. Entire Agreement, Severability and Waiver:

The forgoing constitutes the entire agreement between the Parties hereto on the subject matter.

If any part of this Agreement is held by any Court or Authority of Competent jurisdiction as void or without effect it shall be limited to that extent only and be binding on all parties hereto at the relevant time as a severable part thereof with nothing to affect the rest of this Agreement.

A failure or a waiver of exercise of any right or power or benefits under this agreement by either of the parties or on their behalf shall not operate as a waiver of the same forever during the term of this agreement nor any delayed exercise of any right or power or benefit by either of the parties or on their behalf under this Agreement deemed as a waiver.

23. Assignment:

Neither this Agreement nor any part of it is assignable, transferable, sub-licensable, sub-contractable or conveyable by User either by operation of law or otherwise, without the express, prior, written consent of the Company signed by an authorized representative of such Party.

24. Confidentiality:

The Company agrees and undertakes to maintain the confidentiality of the information and user / customer data disclosed, generated or made available to User under this Agreement;

 

The said information shall not be used by the Company for any purpose other than for the performance of its obligations under this Agreement. The Company agrees that the unauthorized disclosure or use of such Information would cause irreparable harm and significant injury, the degree of which may be difficult to ascertain. Accordingly, the Company agrees that the User shall have the right to obtain an immediate injunction from any court of competent jurisdiction enjoining breach of this Agreement and / or disclosure of the Confidential Information. Company shall also have the right to pursue any other rights or remedies available at law or equity for such a breach.

25.Limitation of Liability:

That neither Company nor its affiliates involved in creating, producing, manufacturing or delivering the service will be liable for any damages or losses, including without limitation, direct, consequential, special, indirect, incidental, punitive damages, service interruption, computer damage or system failure or lost profits, loss of data or goodwill or the cost of substitute services arising out of or in connection with these terms or from the use of or inability to use the service whether based on maintenance, guarantee contract, trespass or other tort (including negligence), product liability or any other legal theory and whether or not Company has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Atreya assumes no liability or responsibility for any acts, misuse of services, advertising and violations of any local, state or federal regulations or laws violated by you. You assume all responsibility for your acts and are responsible for researching local, state or country regulations relating to the sale or use of our services. To the maximum extent permitted by law, these limitations and exclusions apply to anything related to this agreement. Some or all of these limitations or exclusions may not apply to you if your state, province, or country doesn’t allow the exclusion or limitation of incidental, consequential, or other damages. If you are dissatisfied with any portion of the services or with these terms of services, your sole and exclusive remedy is to discontinue use of the services.

 

Further the Company shall not be liable to the other party for losses or damages of any kind, or for any indirect, incidental, consequential, special or exemplary damages arising from the products or services delivered by the Company from time to time, regardless of the type of claim and even if that party has been advised of the possibility of such damages.

26.Relationship of parties:

Nothing in this Agreement will be construed as creating a relationship of partnership, joint venture, agency or employment between the Parties. The Company shall not be responsible for the acts or omissions of the User and User shall not represent neither has, any power or authority to speak for, represent, bind or assume any obligation on behalf of the Company.

27. Waiver and amendment:

No waiver of any breach of any provision of this Agreement constitutes a waiver of any prior, concurrent or subsequent breach of the same or any other provisions, and will not be effective unless made in writing and signed by an authorized representative of the waiving Party.

Except as expressly set out in this Agreement, no amendment is binding on the Parties unless it is in writing and signed by a duly authorized representative of each of the Parties.

28. Force Majeure:

Neither Party shall be responsible or liable for any delay or failure to perform its obligations (other than an obligation to make payment) directly or indirectly under this Agreement due to any pandemic situation or unforeseen circumstances or any event which is beyond that Party's reasonable control and without its fault or negligence, but not limited to acts of God, war, riots, embargoes, strikes, labour disputes, lockouts, sabotage, civil commotion, accidents, acts of any Government authority, delays in obtaining licenses or rejection of applications under the Statutes, failure of telephone connections, internet or power failures, fire or floods, prohibition or regulation, delay in transportation facilities, shortages or breakdown of or inability to obtain or non-arrival of any labour, material or equipment used in the manufacture of the products, failure of any party to perform any contract with us relative to the production of the products or from any cause.

29 Entire Agreement:

This Agreement embodies the entire agreement and understanding of the Parties and supersedes any and all other prior and contemporaneous agreements, arrangements and understandings (whether written or oral) between the Parties with respect to its subject matter.