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Terms of Use

THESE TERMS AND CONDITIONS (THE “TERMS”) ARE A LEGAL CONTRACT BETWEEN Teslon Technologies Pvt. Ltd. (“Teslon”, “WE” OR “US”) AND “YOU”.  THE TERMS EXPLAIN HOW YOU ARE PERMITTED TO USE THE SERVICES PROVIDED BY AND THE WEBSITE LOCATED AT THE URL *.Carenation.in (AS WELL AS ALL ASSOCIATED SITES LINKED TO *.Carenation.in BY Teslon, ITS SUBSIDIARIES AND AFFILIATED COMPANIES) (COLLECTIVELY, THE “SITE”).  UNLESS OTHERWISE SPECIFIED, ALL REFERENCES TO “SITE” INCLUDE ANY SOFTWARE THAT TESLON PROVIDES TO YOU THAT ALLOWS YOU TO ACCESS THE SITE FROM A COMPUTER OR MOBILE DEVICE (A “MOBILE APPLICATION”).  BY USING THIS SITE, YOU ARE AGREEING TO ALL THE TERMS; IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION CONTAINED ON THIS SITE.

I. What We Do

 Our services are provided through the Website (which may include Mobile Applications), which is a tele-health online solution that allows participating medical professionals, hospitals and health care staff (“Healthcare Providers” or “Providers”) to communicate with their clients and patients (“Patients or paramedics”) to provide health care services online via a secure Internet connection (the “Services”).  We are not a medical service provider, health insurance company, or licensed to sell health insurance.

USE OF OUR SERVICES IS NOT APPROPRIATE FOR EMERGENCIES. IF YOU THINK YOU HAVE A MEDICAL OR MENTAL HEALTH EMERGENCY, OR IF AT ANY TIME YOU ARE CONCERNED ABOUT YOUR CARE OR TREATMENT, CALL EMERGENCY HOTLINES OR GO TO THE NEAREST OPEN CLINIC OR EMERGENCY ROOM.

NONE OF THE INFORMATION ON THE SITE/APP REPRESENTS OR WARRANTS THAT ANY PARTICULAR DRUG, THERAPY OR OTHER TREATMENT IS SAFE, APPROPRIATE, OR EFFECTIVE FOR YOU.  FURTHER, A HEALTHCARE PROVIDER’S ABILITY TO USE OUR SERVICES is not an endorsement or recommendation of that health care provider by TESLON.

To the extent medical advice is provided to you by a healthcare provider through the Services, such medical advice is based on your personal health data as provided by you as well collected by the medical devices connected to Carenation to the health care provider and the local standards of care for your presenting symptoms, based on the information you provide. The medical advice provided by your healthcare provider is not under the control of TESLON.

II. Modifications

Teslon can change, update, or add or remove provisions of these Terms, at any time by posting the updated Terms on this Site or mobile app and by providing a notice on the Site. By using this Site or mobile app after Teslon has updated the Terms, you are agreeing to all the updated Terms; if you do not agree with any of the updated Terms, you must stop using the Site or mobile app.

Teslon may make changes to the Site or to the Services at any time, without notice. If you object to any changes to the Site or Services, your sole recourse will be to cease using them. Continued use of the Site or Services following posting of any such changes will indicate your acknowledgement of such changes and satisfaction with the Services as so modified. We also reserve the right to discontinue the Site and/or Services at any time without notice. We will not be liable to you or any third-party should we exercise our right to modify or discontinue the Site or the Services.

In addition, certain features of the Services may be subject to additional terms of use. By using such features, or any part thereof, you agree to be bound by the additional terms of use applicable to such features. In the event that any of the additional terms of use governing such area conflict with these Terms, the additional terms will govern.

III. Patient and Health Care Provider Responsibilities

If you are a Patient, you accept responsibility for yourself in the use of the Services.  You acknowledge that your relationship for health care services is with your healthcare provider, and your obtaining services from the Healthcare Provider is solely at your own risk and you assume full responsibility for all risk associated therewith, to the extent permitted by law.  By using the Service, you agree to not hold Teslon liable in any way for any malpractice or substandard treatment the Healthcare Provider may render.

Teslon does standard checks to ensure the qualifications of the care providers on the Carenation platform including the checking of certifications from the relevant boards. However it does not ascertain all claims made by the care providers on the platform. Teslon does not take medical or legal responsibility on the outcomes of the consultations done on the platform including but not limited to the validity of the prescription, opinions and assessments by the care providers.

If you are a Healthcare Provider, you accept responsibility for your Patients as well as yourself in the use of this Service. You are also responsible for the quality of the services you provide during your use of the Service and for complying with all applicable laws in connection with your use of the Service.  For example, you are responsible for obtaining any and all Federal, State and local licenses and certifications which may be required to practice your profession when using this Service and maintaining malpractice and liability insurance in compliance with regulatory and local requirements.

You are also responsible for obtaining Patient consent if required by law and complying with any and all privacy laws applicable to the use of this Service with your patients, including the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and General Data Protection Regulation (“GDPR”).  Teslon has established reasonable safeguards and procedures to protect the security of patient information, but you must also take steps to protect your privacy and confidentiality of your patients.  You might be asked to enter a HIPAA business associate agreement or an equivalent GDPR agreement with Teslon.

We make no representations regarding your ability to bill third-party payers for the services you provide using the Site. You are responsible for complying with all laws in billing for the services you provide.

IV. Privacy

In the course of accessing and/or using the Site and the Services, we may obtain information about you or you may be required to provide certain information to us. All uses of your information will be treated in accordance with our Privacy Policy, which forms an integral part of these Terms. If you use the Services and/or the Site, and/or if you register for an account, you are accepting our Privacy Policy, as may be amended from time to time. If you do not agree to have your information used in any of the ways described in the Privacy Policy, you must discontinue use of the Site and the Services.

V. General Provisions Regarding Use and Age Requirement

By using this Site, you represent, acknowledge and agree that you are at least 18 years of age, or if you are under 18 years of age but are at least 13 years old (a “Minor”), that you are using the Site with the consent of your parent or legal guardian and that you have received your parent’s or legal guardian’s permission to use the Site and agree to its Terms.  If you are a parent or legal guardian of a Minor, you hereby agree to bind the Minor to these Terms and to fully indemnify and hold harmless Teslon if the Minor breaches any of these Terms.  If you are not at least 13 years old, you may not use the Site at any time or in any manner or submit any information to the Teslon or the Site.

Teslon provides content through the Site that is copyrighted and/or trademarked work of Teslon or Teslon’s third-party licensors and suppliers or other users of the Site (collectively, the “Materials”).  Materials may include logos, graphics, video, images, software and other content.

Subject to the terms and conditions of these Terms, and your compliance with these Terms, Teslon hereby grants you a limited, personal, non-exclusive and non-transferable license to use and to display the Materials and to use this Site solely for your personal/company’s use.  Except for the foregoing license, you have no other rights in the Site or any Materials and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Site or Materials in any manner.

If you breach any of these Terms, the above license will terminate automatically and you must immediately destroy any downloaded or printed Materials.

VI. Visitors and Registered Users

As a visitor, you can view, visit and browse through the Site homepage.  You need not register with Teslon to simply visit and view the Site, to browse and see the partial, publicly accessible information in the Site.

However, in order to access the Services and Materials offered on and through the Site, you must register with Teslon for an account and receive a password based on the contract.  Registered Users can be Patients or Healthcare Providers.  To be able to use and access the Services, Providers shall contract separately with Teslon, create a “Provider Account”.

(a) Password Restricted Areas of this Site

To register for an account with Teslon, you must submit the following information:

(i) Providers:  Providers are required to provide certain Personal Information, and information about their practices, including: the Provider’s name, date of birth, gender, address, email, mobile and work phone; the Healthcare Provider’s practice name, address, phone number and fax number; and a user id and password.  We may also collect certain optional information, including: middle name or initial.

(ii) Patients:  Patients are required to provide certain Personal Information, including: name, date of birth, gender, address, email, mobile and work phone, as well as a user id and password.  Patients may also provide certain optional information, including middle name or initial, home phone and other contact info, pharmacy name and contact details, picture and communications preferences.  In addition, the Patient can communicate other health-related information to the Healthcare Provider during a video consultation via the Teslon Carenation app. Optional information is not required to register for an account but may be helpful to Teslon in providing you with a more customized experience when using the Site or its Services.

Please refer to our Privacy Policy for additional details regarding the information we collect from you and what we do with that information.

Once you have created your Teslon Carenation account and provided a user-name and password, you are responsible for maintaining the confidentiality of your Teslon Password, and you are responsible for all activities that occur using your Teslon Password. You agree not to share your Teslon Password, let others access or use your Teslon Password or do anything else that might jeopardize the security of your Teslon Password.  You agree to notify Teslon if your Carenation Password on this Site/App is lost, stolen, if you are aware of any unauthorized use of your Carenation Password on this Site or if you know of any other breach of security in relation to this Site. You are solely responsible for any and all use of your account and all activities that occur under or in connection with it.

All the information that you provide when registering for an account and otherwise through the Site must be accurate, complete and up to date.  You may change, correct or remove any information from your account by logging into your account directly and making the desired changes. You agree not to register for an account on behalf of an individual other than Yourself, or register for an account on behalf of any group or entity unless you are authorized to bind such person, group or entity to these Terms. By registering another person, group or entity you hereby represent that you are authorized to do so.

Individuals and/or entities who access to the Site or use of the Services have previously been terminated by Teslon may not register for a new account, nor may designate other individuals to use an account on its or your behalf.

VII.  Payments and Subscriptions

(a)  Subscriptions

By registering for an account with Teslon, you become a “Registered User” with access to certain password-restricted areas of the Site and to use certain Services and Materials offered on and through the Site (a “Subscription”).  Each Subscription and the rights and privileges provided to a Registered User is personal and non-transferable.  All sales and payments of Subscription fees will be in INR.  All Subscription fees are non-refundable under any circumstances.

The fee that we will charge you for your Subscription will be the price detailed in your Order Form when registering to become a Registered User.  Teslon reserves the right to change prices for Subscriptions at any time, and does not provide price protection or refunds in the event of promotions or price decreases. Notwithstanding the foregoing, Teslon shall notify Registered Users of any price changes thirty (30) days prior to any change. Teslon shall honor any Subscription prices until the expiration of the applicable Subscription Term.

IMPORTANT NOTICE: TESLON WILL AUTOMATICALLY RENEW YOUR SUBSCRIPTION ON EACH (DEPENDING ON YOUR CHOICE OF SUBSCRIPTION) YEARLY OR MONTHLY ANNIVERSARY OF THAT DATE THAT TESLON FIRST CHARGES THE FIRST SUBSCRIPTION FEE AND, AS AUTHORIZED BY YOU DURING THE SUBSCRIPTION ORDERING  PROCESS, THE APPLICABLE YEARLY OR MONTHLY SUBSCRIPTION FEE AND ANY SALES OR SIMILAR TAXES THAT MAY BE IMPOSED ON YOUR SUBSCRIPTION FEE PAYMENT (UNLESS YOU CANCEL PRIOR TO THE ANNIVERSARY DATE).

EACH SUBSCRIPTION’S AUTOMATIC RENEWAL IS FOR THE SAME PERIOD OF TIME AS YOUR ORIGINAL SUBSCRIPTION.  YOU MAY CANCEL YOUR SUBSCRIPTION AT ANY TIME BY CONTACTING TESLON AT support@teslon.io. PROVIDED THAT ANY SUBSCRIPTION FEES CHARGED PRIOR TO THE EFFECTIVE DATE OF CANCELLATION WILL NOT BE REFUNDED, IN WHOLE OR IN PART.  YOU WILL NOT BE ELIGIBLE FOR A PRO-RATED REFUND OF ANY PORTION OF THE SUBSCRIPTION FEES PAID FOR ANY UNUSED DAYS OF THE THEN-CURRENT SUBSCRIPTION TERM. TESLON REQUIRES A REASONABLE AMOUNT OF TIME TO PROCESS YOUR SUBSCRIPTION CANCELLATION REQUEST, WHICH SHALL NOT BE LESS THAN THIRTY (30) DAYS.  IF YOU CANCEL YOUR SUBSCRIPTION, YOU WILL ENJOY YOUR SUBSCRIPTION BENEFITS UNTIL THE EXPIRATION OF THE THEN-CURRENT SUBSCRIPTION TERM FOR WHICH YOU HAVE PAID, AND YOUR SUBSCRIPTION BENEFITS WILL EXPIRE AT THE END OF THE THEN-CURRENT SUBSCRIPTION TERM.

You will be liable for paying any and all applicable sales and use taxes for the purchase of your Subscription based on the mailing address that you provide when you register as a Registered User, and you authorize Teslon to charge your credit or debit card for any such applicable taxes.

(b)  Purchases.

If applicable, you agree to pay all fees or charges to your account based on Teslon’s fees, charges, and billing terms in effect as detailed in your Order Form.  If you do not pay on time or if Teslon cannot charge your credit card or other payment method for any reason, Teslon reserves the right to either suspend or terminate your access to the Site and account and terminate these Terms.  You are expressly agreeing that Teslon is permitted to bill you for the applicable fees, any applicable tax and any other charges you may incur in connection with your use of this Site and the fees will be billed to your credit card or other payment method designated on your initial registration with this Site, and thereafter at regular intervals for the remainder of the term of these Terms.  If you cancel your account at any time, you will not receive any refund.  If you have a balance due on any account, you agree that Teslon may charge such unpaid fees to your credit card or otherwise bill you for such unpaid fees.

VIII. Special Provisions for Mobile Applications.

Teslon may make available Mobile Applications to access the Site via a mobile device.  To use the Mobile Application you must have a mobile device that is compatible with the mobile service.  Teslon does not warrant that the Mobile Application will be compatible with your mobile device.  Teslon hereby grants to you a non-exclusive, non-transferable, revocable license to use an object code copy of the Mobile Application for one registered account on one mobile device owned or leased solely by you, for your personal use.  You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Application, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Application to any third-party or use the Mobile Application to provide time sharing or similar services for any third-party; (iii) make any copies of the Mobile Application; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Application, features that prevent or restrict use or copying of any content accessible through the Mobile Application, or features that enforce limitations on use of the Mobile Application; or (v) delete the copyright and other proprietary rights notices on the Mobile Application.  You acknowledge that Teslon may from time to time issue upgraded versions of the Mobile Application, and may automatically electronically upgrade the version of the Mobile Application that you are using on your mobile device.  You consent to such automatic upgrading on your mobile device, and agree that these Terms will apply to all such upgrades.  The foregoing license grant is not a sale of the Mobile Application or any copy thereof, and Teslon and its third-party licensors or suppliers retain all right, title, and interest in and to the Mobile Application (and any copy of the Mobile Application).  Standard carrier data charges may apply to your use of the Mobile Application.

The following additional terms and conditions apply with respect to any Mobile Application that Teslon provides to you designed for use on an Apple iOS-powered mobile device (an “iOS App”):

The following additional terms and conditions apply with respect to any Mobile Application that Teslon provides to you designed for use on an Android-powered mobile device (an “Android App”):

IX. Geo-Location Terms.

The Services may include and make use of certain functionality and services provided by third-parties that allow Teslon to include maps, geocoding, places and other Content from Google, Inc. (“Google”) as part of the Services (the “Geo-Location Services”).  Your use of the Geo-Location Services is subject to  Google’s then current Terms of Use for Google Maps/Google Earth (http://www.google.com/intl/en_us/help/terms_maps.html) and by using the Geo-Location Services, you are agreeing to be bound by Google’s Terms of Use.   The use of Geo-Location Services is subject to the terms of the then current Google privacy policy (http://www.google.com/intl/en/policies/privacy/).

X. Links to Third-Party Sites.

This Site may be linked to other web sites that are not Teslon sites (collectively, “Third-Party Sites”).  Certain areas of the Site may allow you to interact and/or conduct transactions with such Third-Party Sites, and, if applicable, allow you to configure your privacy settings in your Third-Party Site account to permit your activities on this Site to be shared with your contacts in your Third-Party Site account and, in certain situations, you may be transferred to a Third-Party Site through a link but it may appear that you are still on this Site.  In any case, you acknowledge and agree that the Third-Party Sites may have different privacy policies and terms and conditions and/or user guides and business practices than Teslon, and you further acknowledge and agree that your use of such Third-Party Sites is governed by the respective Third-Party Site privacy policy and terms and conditions and/or user guides.  You hereby agree to comply with any and all terms and conditions, users guides and privacy policies of any of Third-Party Sites.  Teslon is providing links to the Third-Party Sites to you as a convenience, and Teslon does not verify, make any representations or take responsibility for such Third-Party Sites, including, without limitation, the truthfulness, accuracy, quality or completeness of the content, services, links displayed and/or any other activities conducted on or through such Third-Party Sites. YOU AGREE THAT TESLON WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITES AND/OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD-PARTY.  Any reference on the Site to any product, service, publication, institution, organization of any third-party entity or individual does not constitute or imply Teslon’s endorsement or recommendation.

XI. Submissions.

You are responsible for the information, opinions, messages, comments, photos, videos, graphics, sounds and other content or material that you submit, upload, post or otherwise make available on or through the Site (each a “Submission”).  You may not upload, post or otherwise make available on this Site any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a third-party, and the burden of determining whether any material is protected by any such right is on you.  You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, violation of contract, privacy or publicity rights or any other harm resulting from any Submission that you make.  You have full responsibility for each Submission you make, including its legality, reliability and appropriateness.

Unless otherwise explicitly stated herein or in Teslon’s Privacy Policy, you agree that any Submission provided by you in connection with this Site is provided on a non-proprietary and non-confidential basis.  You hereby grant to Teslon a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide license (including the right to sublicense through multiple tiers) to use, reproduce, process, adapt, publicly perform, publicly display, modify, prepare derivative works, publish, transmit and distribute each of your Submissions, or any portion thereof, in any form, medium or distribution method now known or hereafter existing, known or developed, and authorize others to use the Submissions.  We may modify or adapt your Submissions in order to transmit, display or distribute them over computer networks and in various media and/or make changes to the Submissions as necessary to conform and adapt them to any requirements or limitations of any networks, devices, services or media.  Teslon agrees to use any personally identifiable information contained in any of your Submissions in accordance with Teslon’s Privacy Policy.

You agree to pay for all royalties, fees, damages and any other monies owing any person by reason of any Submissions posted by you to or through this Site.

When you provide Submissions you agree that those Submissions shall not be in violation of the “Unauthorized Activities” paragraph below.  Those prohibitions do not require Teslon to monitor, police or remove any Submissions or other information submitted by you or any other user.

XII.  Unauthorized Activities.

When using this Site and/or the services, you agree not to:

This list of prohibitions provides examples and is not complete or exclusive.  Teslon reserves the right to (a) terminate access to your account, your ability to post to this Site and (b) refuse, delete or remove any Submissions; with or without cause and with or without notice, for any reason or no reason, or for any action that Teslon determines is inappropriate or disruptive to this Site or to any other user of this Site.  Teslon may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct.  When legally required or at Teslon’s discretion, Teslon will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Site or on the Internet.

Unauthorized use of any Materials or Third-Party Content contained on this Site may violate certain laws and regulations.

You agree to indemnify and hold Teslon and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) Teslon or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any professional negligence or malpractice claim or any claim or demand from a third-party that your use of this Site or the use of this Site by any person using your user name and/or password (including without limitation, your participation in the posting areas or, your Submissions) violates any applicable law or regulation, or infringe or misappropriate the copyrights, trademark rights or other rights of any third-party.

XIII.  Proprietary Rights.

Teslon and Carenation are registered trademarks of Teslon.  Other trademarks, names and logos on this Site are the property of their respective owners.

Unless otherwise specified in these Terms, all information and screens appearing on this Site, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of Teslon.  All rights not expressly granted herein are reserved.  Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.

XIV.  Intellectual Property Infringement.

Teslon respects the intellectual property rights of others, and we ask you to do the same.  Teslon may, in appropriate circumstances and at our discretion, terminate service and/or access to this Site for users who infringe the intellectual property rights of others.

(a) Notifications for intellectual property infringement.

If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Site, please provide Teslon’s designated agent the following information:

Teslon’s agent for notice of claims of copyright or trademark infringement on this Site can be reached at Teslon Technologies Pvt Ltd, A-310, Second Floor, Block 2, KSSIDC Complex, Electronic City Phase 1, Bengaluru, Karnataka-560100. Phone number (080) 4124-6073

Please also note that for copyright infringements under the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

(b) Submitting a DMCA Counter-Notification

We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a valid DMCA take-down notice that we have received. If you receive such notice from us, you may provide us with a counter-notification in writing to Teslon designated agent that includes all of the following information:

  1. Your physical or electronic signature;
  2. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
  3. A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
  4. Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of India, for any judicial district in which Teslon may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

(c)  Termination of Repeat Infringers

Teslon reserves the right, in its sole discretion, to terminate the account or access of any user of our web site and/or service who is the subject or repeated DMCA or other infringement notifications.

XV. Disclaimer of Warranties.

Your use of this Site is at your own risk.  Materials and Submissions have not been verified or authenticated in whole or in part by Teslon, and they may include inaccuracies or typographical or other errors.  Teslon does not warrant the accuracy of timeliness of the Materials or Submissions contained on this Site.  Teslon has no liability for any errors or omissions in the Materials, whether provided by Teslon, our licensors or suppliers or other users.

TESLON, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THIS SITE, THE SERVICES, OR ANY MATERIALS RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE, INCLUDING WITHOUT LIMITATION THE MATERIALS.  UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS SITE, MATERIALS AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.  TESLON DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.

XVI. Special Disclaimer regarding Teslon and services for healthcare visits.

Teslon is not a healthcare provider. The content on the Site and the Services are designed to support, not replace or intervene in, the relationship that exists between you and your health care provider. Any information contained on the Site is not to be construed as medical recommendation, or as professional advice.  Always seek the advice of your doctor or other qualified health provider. Never disregard medical advice or delay seeking it because of something you have read on the Site.

XVII.  Limitation of Liability.

TESLON SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THIS SITE.  IN NO EVENT SHALL TESLON BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF TESLON KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.

XVIII. Local Laws; Export Control.

Teslon controls and operates this Site from its headquarters in Bangalore, India and the Materials may not be appropriate or available for use in other locations.  If you use this Site outside India, you are responsible for following applicable local laws.

XIX.  Feedback.

If you send or transmit any communications, comments, questions, suggestions, or related materials to Teslon, whether by letter, email, telephone, or otherwise (collectively, “Feedback”), suggesting or recommending changes to the Site, Services or Materials, including, without limitation, new features or functionality relating thereto, all such Feedback is, and will be treated as, non-confidential and non-proprietary.  You hereby assign all right, title, and interest in, and Teslon is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback.  You understand and agree that Teslon is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.

XX. Legal Disputes.

These Terms will be subject to and construed in accordance with the laws of the State of Karnataka, India,  excluding its rules regarding conflicts of law. Foreign laws do not apply.  You agree that any claim or dispute you may have against Teslon must be resolved exclusively by a state court located in the State of Karnataka, except as otherwise agreed by the parties or as described in the Arbitration subsection below. You agree to submit to the personal jurisdiction of the courts located in Bangalore, Karnataka, India for the purpose of litigating all such claims or disputes.

Arbitration. For any claim (i) raised by a resident of a country other than India; or (ii) where the total amount of the award sought is less than ten thousand dollars ($10,000.00), you agree that Teslon may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event Teslon elects arbitration, you hereby agree to move any claims to the exclusive jurisdiction of an arbitration procedure, which shall be initiated through an established alternative dispute resolution (“ADR”) provider chosen by Teslon. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Arbitration expressly excludes claims for injunctive or other equitable relief.

XXI.  Electronic Communications.

By using the Site and/or the Services provided on or through the Site, you consent to receiving electronic communications from Teslon.  These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Site and/or Services provided on or through the Site.  These electronic communications are part of your relationship with Teslon.  You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.

XXII.  General.

Teslon prefers to advise you if we feel you are not complying with these Terms and to recommend any necessary corrective action.  However, certain violations of these Terms, as determined by Teslon, may result in immediate termination of your access to this Site without prior notice to you.  The United Nations on Contracts for the International Sale of Goods and any laws based on the Uniform Computer Information Transactions Act (UCITA) shall not apply to this Agreement.  Any disputes relating to these Terms or this Site will be heard in the courts located in Karnataka.  If any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified.  Teslon’s failure to enforce any of these Terms is not a waiver of such term.  These Terms are the entire agreement between you and Teslon and supersede all prior or contemporaneous negotiations, discussions or agreements between you and Teslon about this Site.  The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.

XXIII.  Contact Us.

If you have any questions about these Terms or otherwise need to contact Teslon for any reason, you can reach us at Teslon Technologies Pvt. Ltd, #A-310, Second Floor, Block 2, KSSIDC Complex, Electronic City Phase 1, Bengaluru, Karnataka-560100. with a copy to support@teslon.io or call us at (080) 4124 6073.