- This is the statement of the terms and conditions of service of Graceworks Information Systems Private Limited., (“Graceworks”) which will regulate the contractual relations for the Services rendered by Graceworks to the End Users through its website www.sprinng.comand on other of its platforms (hereinafter referred to as the “Website”).
- This Agreement applies to Nutritionists which includes professionals in the healthcare, fitness, sports and wellness domain (referred at the instant as ‘Nutritionists’) and their End Users who access or use any of the services of such professionals through the Website.
- Nutritionists and End Users are (collectively referred to as “Users”) unless specified otherwise.
- Note to Users
- All Users shall have the requite authorisation to use the Services of Graceworks and should be legal persons with capacity to provide or receive respective Services under these Terms and in compliance with the Indian Law.
- Users should check this webpage from time to time to review their agreement with these Terms as Graceworks may amend the Terms to incorporate its management policies or comply with the Indian Law.
- The Nutritionists and the End Users shall subject to Section 1(ii)(a), should specifically read Section 3 and 4 respectively.
- The use of each Service confers upon such User only the rights and obligations relating to such Service, and not to any other service that may be provided by Graceworks as prescribed.
The Services that shall be provided by Graceworks are of its practice management software, client relations management, e-commerce in the aforesaid domain and shall be provided to all Users on software as service (SAAS) basis strictly as per its extant or features provided/amended from time to time (“Services”):
- For Nutritionists:
Listing of Nutritionists and registered professional account with Graceworks which will demonstrate their professional profiles and contact details, to be made available to the other Users and visitors to the Website. The quantum and other specification of services shall be subject to the respective subscription availed by such Nutritionist.
- (ii) For the End Users:
End Users shall have their End User Account that will depict their respective information and services availed from the Nutritionists. The End User Account will provide the search option to the End Users to browse for Nutritionists’ profile and preliminary review of their services, feedback of their services and to take appointments and avail their respective services.
3. Terms of Usage for Nutritionists:
- On the Sprinng Platform, Nutritionists registered with the platform shall have their professional profile accounts displayed on the Website, along with the relevant information regarding their practice specialisation, qualification, fees, location, visiting hours, and such details.
- Nutritionists are to provide accurate and correct information to Graceworks regarding their personal, contact, professional and academic qualifications. Information is collected by Graceworks for the purpose of facilitating interaction between the Nutritionists and the End-Users.
- Graceworks shall take reasonable efforts to ensure that profile information of Nutritionists is updated at frequent intervals or as and when requested by them.`
- The Terms of Usage for all Users shall also be applicable to the Nutritionists except where specifically mentioned otherwise.
- (v) Ranking Algorithm:
Graceworks reserves the right to list the Nutritionists according to their assessment processes based on the algorithm followed by us and the End User feedback and factual and considerations of business and marketing and moderate such lists the suggestions made by the Nutritionists and End Users.
Software based application of Graceworks may be provided in the future which shall be a fully automated system that will list the Nutritionists, their profile and information regarding their field of expertise on its Website. The listing of Nutritionists will be based on automated computation of the various factors including inputs and feedback made by the End Users. Graceworks can also change its algorithm from time to time, in order to improve the listing. The Nutritionists’ listings do not represent any fixed objective ranking or endorsement by Graceworks. Graceworks will not be liable for any change in the ranking of the Nutritionists, which may take place from time to time.
4. Terms of Usage for all Users:
- The End Users will have online End Users account which shall provide them the option to search for Nutritionists and preliminary review of their services, feedback of their services and to take appointments and avail their respective services.
- All End Users are to provide accurate and correct information to Graceworks regarding their personal, contact details and other required information. Information is collected by Graceworks for the purpose of facilitating interaction between the Nutritionists and the End-Users. The Users can change their account details contact preferences at any time by logging into their account at the Website and changing the same.
- The Users shall use the Services as provided by Graceworks on a SAAS basis and for no other purpose whatsoever. Users shall not use the Services as a backup tool of their any other data or as a storage device.
- In the event a User becomes aware of an unauthorised usage of his/her account he/she should immediately inform Graceworks of the same.
- Reserves the right to publish the User information to a third party, subject to prior explicit informed consent from the User.
- Graceworks may retain such information collected from Users from its Website or Services for as long as necessary, depending on the type of information; purpose, means and modes of usage of such information; and according to and in compliance with the Indian Law. Computer web server logs may be preserved as long as administratively necessary.
- Users should check this webpage from time to time to review their consent to the Agreement as Graceworks may amend this Agreement to incorporate its management policies or comply with the Indian Law. Users ‘continuation or renewal of their subscription of services shall be executed by Users only post their satisfaction and consent to the Agreement.
- Graceworks reserves the right to take down any User profile in the event such User is found to be in violation of the Agreement or the Indian Law.
- Ranking Algorithm
Graceworks has designed the ranking algorithm in the best interest of the End-User and may adjust the ranking from time to time to improve the quality of the results given to the patients. It is a pure merit driven, proprietary ranking algorithm which cannot be altered for specific Nutritionists. Graceworks shall not be liable for any effect on the Nutritionists’ business interests due to the rank of the doctor in the Ranking Algorithm.
5. Business Marketing and Partners
- Graceworks reserves the rights to display sponsored marketing campaigns on the Website and also transmit such advertisements to the Users as ‘Sponsored Listings’ and run surveys and such other activities. The Website may also be linked to website of third parties, affiliates and business partners.
- Graceworks has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through our Website. Inclusion of any link on the Website does not imply that Graceworks endorses the linked site. User may use the links and these services at User’s own discretion.
- Users shall use the services available on the Website including the Sponsored Listings in accordance with these Terms and the Indian Law. Any contravention of Applicable Law as a result of use of the said Services will be such User’s sole responsibility, and Graceworks shall not be liable.
6. Review and Feedback:
- Graceworks reserves the right to collect feedback and take review from the Users listed on the Website through telephonic or other electronic means of communication or for resolving any complaints, information, or queries regarding feedback. Graceworks shall have no obligation to pre-screen or review any or all the feedback content from any User of any Service, except as required by the Indian Law.
- Graceworks will not be liable for any effect on the User’s business due to any feedback exercise. However, as an ‘intermediary’, takes steps as required to comply with the Indian Law with respect to such content.
- In the event a User provides inaccurate information or fraudulent feedback, Graceworks reserves the right to immediately suspend accounts of such Users and inform the Website for the protection of Graceworks’ business and goodwill interests and in the interests of Users.
7. Intellectual Property Rights
- Under this Agreement Users only have the right of usage of the platforms of Graceworks and have the right of access and usage of their respective accounts. Nothing in this Agreement will amount to an assignment or transfer of any right, title to or interest in any Intellectual Property Rights concerning the platform Sprinng, the Website or any of their platforms the brands and other rights of and concerning Graceworks. Graceworks owns all Intellectual Property Rights concerning the aforesaid and is its proprietary rights and business of Graceworks.
for the purposes of this Agreement “Intellectual Property Rights”, include rights of any kind whether arising under statute, common law, treaty, convention or otherwise, including, without limitation patents, utility or business models, design patents, chip topography rights, trademarks, service marks, trade names, design rights (whether or not capable of registration), copyrights, database rights and other like protection, rights in know-how, trade secrets, conceptions, inventions, discoveries and improvements, all rights associated with works of authorship including copyrights, rights of privacy and publicity and other intellectual property rights.
- The Users shall not infringe upon the Intellectual Property Rights of Graceworks or any third party to this Agreement. Parties represent that they have the respective Intellectual Property Rights to their respective information and other property such as content or any other postings on the Website as their brand names and/or they shall acquire all Intellectual Property Rights from such third party before utilising them on Graceworks’ platform Sprinng or the Website.
- Upon becoming aware of a breach of the foregoing representation at Section 7 (ii), Graceworks may modify or delete parts of profile information at its sole discretion with or without notice to the User.
- The Users shall have the right of ownership of all the Users’ profile and photographs and other posts. However, Graceworks takes the independent decision whether to publish or reject the requests submitted for the respective changes or updates.
8. Caution to End Users
- The provision of health and medicine related services availed by the End Users from professionals in such domain over the Website is not a service rendered by Graceworks but by such professionals only and the same are not promoted by Graceworks for any medical or health related issue. Graceworks platform Sprinng is only an intermediary platform between professionals in health care, fitness and nutrition and End Users and does not constitute a medical services provider.
- End Users shall use all caution and discretion in availing services over the Website. These services are not an alternate to urgent medical attention that might be required. If an End User is facing a medical emergency, then he/she should contact such professionals outside the Website and at their discretion.
9. Limitation of Liability:
- Graceworks does not control or endorse the services that may be availed by the End Users from Nutrition or other professionals through its platform and, therefore, it specifically disclaims any liability with regard to the services rendered by such professionals and Graceworks shall not be liable for any actions by/or between the Users unless the same is attributable to it for breach of the Agreement.
- The Services provided by Graceworks are provided as SAAS and on an ‘as is’ and ‘as available basis’ and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise under the Indian Law.
- Further, it specifically disclaims any liability or guarantee or representation with regard to the services rendered by such professionals to the End Users.
- In no event, Graceworks including but not limited for negligence, shall any of its directors, officers, employees, agents or content or service providers be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from or related to the use of the Website under the Indian Law.
10. Force Majeure:
- It shall not be liable for any data loss or theft due to unauthorized access to the User’s electronic devices through which the User avails the Services, Graceworks shall not be held liable for any loss whatsoever incurred by the User.
- Graceworks shall not be responsible for any breach of security or for any actions of any third party or events that are beyond the reasonable control of Graceworks including, acts of god, orders of government authorities and law enforcement agencies, breach of security by information trespass such as by hackers, unauthorised access to computer data and storage device, computer crashes, breach of security and encryption, poor quality of internet service or telephone service of the Users etc.
11. Customer Support:
Users can address their queries, suggestions, grievances and any other concern regarding the Agreement at the address:[email protected].Graceworks will use reasonable efforts to respond promptly to any requests, questions or concerns, which the Users may have regarding our use of their personal information.
Graceworks Information Systems Private Limited,
Email: [email protected]
12. Prohibited Action and Termination of Service:
- Graceworks reserves the right to suspend or terminate a User’s access to the Website and the Services with or without notice and to exercise any other remedy available under the Indian Law, in cases where,
- Such User breaches any provision of the Agreement;
- A third party reports violation of any of its right as a result of use of the Services or access gained to the Website;
- Graceworks is unable to verify or authenticate any information provide to Graceworks by a User;
- Graceworks has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User; or
- Graceworks believes in its so</le discretion that User’s actions may cause legal liability for such User, other Users or for Graceworks or are contrary to the interests of the Website.
- 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 above, such User shall no longer have access to the Website or its account. The User shall ensure that he/she/it has continuous backup of any services the User has rendered or availed in order to comply with the User’s record keeping process and practices.
- Users are also prohibited from:
- violating or attempting to violate the integrity or security of the Website or any content of Graceworks;
- transmitting any information (including job posts, messages and hyperlinks) on or through the Website that is disruptive or competitive to the provision of Services by Graceworks;
- intentionally submitting on the Website any incomplete, false or inaccurate information;
- making any unsolicited communications to other Users;
- using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website;
- attempting to decipher, decompile, disassemble or reverse engineer any part of the Website;
- copying or duplicating in any manner any of the content on the Website or other information available on the Website;
- Framing or hot linking or deep linking any content of links on the Website.
- Circumventing or disabling any digital rights management, usage rules, or other security features of the Software.
- Graceworks, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through e-mail signed with electronic signature about any such information as mentioned above, shall be entitled to disable such information that is in contravention of the aforesaid.
- At the time of termination of a User’s account of Services, the Users may request for a backup of their data for which Graceworks may charge a fee.
- Graceworks shall also be entitled to preserve such aforesaid information and associated records for at least 90 (ninety) days for production under the Indian Law.
- In case of non-compliance of the Indian Law or the Agreement by a User, Graceworks has the right to immediately terminate the access or usage rights of the User to the Website and Services and to remove non-compliant information and/or User from the Website.
13. Governing Law and Dispute Resolution:
- This Agreement is subject to the Indian Law.
- 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 use of the Website or the Services or information to which it gives access, shall be determined by arbitration by a sole arbitrator who shall be appointed by Graceworks.
- Arbitration shall be conducted in accordance with the (Indian) Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be Mumbai.
- 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 aforesaid Section 13 (ii), the courts at Mumbai shall have exclusive jurisdiction over any disputes arising out of or in relation to this Agreement, use of the Website or the Services or the information to which it gives access.