Terms of Use

 
By using and/or registering with Dawakosh.com or any other sites operated under the name “Dawakosh” or any mobile app or any other services, you agree to be bound by all of the terms & conditions of this agreement. 

The words “Dawakosh”, “we”, “our” and “us” refers to ZENPROS LIFECARE PRIVATE LIMITED , a company incorporated under the laws of India and having registered office at 465, Pal Link Road, Jodhpur-342008. T
he word "Dawakosh" and  Dawakosh "Logo" are registered trade marks and use of these trade marks withour prior permission are prohibited.

 www.Dawakosh.com  and any other site operated under the name ("Dawakosh", “the Site”, “We”, “Our”, or “Us”) and any mobile app or other service made available to you (“You”, “Your”, or “Yours”) by (collectively referred to as the “Services”), this agreement applies to your use of the services.

The Dawakosh privacy policy published on website is incorporated by reference into this Agreement and made a part of it. Read the terms of this Agreement carefully.

By accessing the services, you acknowledge that you have read and agree to be bound by this agreement, and you expressly consent to the use, and disclosure of your personally identifiable and other information as described in the privacy policy. If you do not agree with any of the terms of this agreement, you do not have permission to access or use the services.

In addition, you may also be asked to enter into additional agreements before being permitted to access certain part of the Services. Those additional agreements are made a part of this agreement and will govern your use of the services covered by the additional agreements. In the event of a conflict between the terms of this agreement and those additional agreements, the terms of the additional agreements shall govern.

Dawakosh reserves the right, in its sole discretion, to modify this agreement at any time and to give notice of such modification by posting a modified version of this agreement to Dawakosh and the Services. If, in the reasonable exercise of its sole discretion, Dawakosh determines that modification of the Privacy Policy will materially change the treatment of information previously collected from you, Dawakosh shall additionally notify you of such change posting notice of such change on the home page of Dawakosh.com and/or by emailing you at an email address provided by you to Dawakosh. Upon receiving notice of any such modification, you agree to be bound by the modified agreement through your continued access to Dawakosh or otherwise use of the Services.

Dawakosh and the Services are provided for informational purposes or buying healthcare or Lifecare products or other products, and are not intended as a substitute for Professional medical advice, diagnosis, or treatment or professional health and safety services.

Always seek the advice of your physician or other qualified healthcare provider for answers to any questions you may have regarding a medical or health related condition. Dawakosh and the Services are not intended to be relied upon for medical diagnosis or treatment.  Never disregard medical advice or delay in seeking it because of something you have read on our platform. Reliance on Dawakosh and the services are solely at your own risk.

Never disregard your individual health conditions, for example, allergies, adverse reaction to certain medicinal plants, herbs, ingredients and substances.  Any remedy on the website is to be followed under individual discretion and medical supervision.

Dawakosh is merely a technology platform facilitating the discovery, sharing knowledge & experience of different alternative therapies, home remedies, and alternative medicines, allied products used for treatment and sale or distribution of alternative medicines. The result of medication differs from person to person. There are several variables affecting the results of any medication, for example, water, air, temperature, sunlight, working style, eating habits, lifestyle etc. which ultimately reflects in the outcome.

We do not recommend or endorse any particular medicine, remedy, health advice whose information, reviews, or ratings appear on our platform. Rather, Dawakosh is only a “conduit” or intermediary that provides the aforementioned content regarding alternate medicines. No content or other information contained on Dawakosh or the Services should be construed as a recommendation for any remedy, health advice or medicines. The Content and other information on Dawakosh and the services include statements of opinion, which are not statements of fact or our recommendations. You should obtain any additional information necessary to make an informed decision prior to selecting and using any remedy & health articles. The opinions expressed on Dawakosh and the services are those of our users and not of Dawakosh.

The remedies displayed at Dawakosh are collected from various publically available sources or from the experience of users and Dawakosh does not endorse or recommend any of the treatments given on the website, nor do we undertake any liability thereof.
You agree to assume all responsibility in connection with choosing any use of information obtained through Dawakosh or the Services.

Registration

 As between you and others, your account belongs to you. You agree to: (a)  Try to choose a strong and secure password; (b) Keep your password secure and confidential; (c) Not transfer any part of your account; (d) Follow the law and the “Permissions and Restrictions” below; (e)  You are responsible for anything that happens through your account unless you close it or report misuse.

Minimum Age

To use the services, you agree that you must be the “Minimum Age,” which is 18 years or older. However, if law requires that you must be older in order for Dawakosh to lawfully provide the Services to you (including the collection, storage and use of your information) then the minimum age is such older age. The services are not intended for use by anyone under the age of 18 (eighteen years).

Your License to Dawakosh

As between you and Dawakosh, You own the content and information that you submit or post to the services and you are only granting Dawakosh the following non-exclusive license. By posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. These rights are limited in the ways:  (a) You can end this license for specific content by deleting such content from the Services, or generally by closing your account, except (i) to the extent you shared it with others as part of the Service and they copied or stored it and  (ii) for the reasonable time it takes to remove from backup and other systems. You may delete such content by emailing hello@dawakosh.com with the subject line, "Deletion Request";  (b) While we may edit and make formatting changes to your content (such as translating it, modifying the size, layout or file type or removing metadata), we will not modify the meaning of your expression;  (c)  Because you own your content and information and we only have non-exclusive rights to it, you may choose to make it available to others.

You agree that we may access, store and use any information that you provide in accordance with the terms of the Privacy Policy.

By submitting suggestions or other feedback regarding Our Services to Dawakosh, You agree that Dawakosh can use and share such feedback for any purpose without compensation to you.

You agree to only provide content or information if that does not violate the law or anyone's rights (e.g., without violating any intellectual property rights or breaching a contract). You also agree that your profile information will be truthful.

In order to access any of the services, you will be asked to submit certain information about yourself ("Registration Information"). You represent and warrant that all registration Information you have provided is true, accurate, current and complete.

Email Communication

You must provide your electronic mail ("email") address when registering to access any of the services. We may use your email address, when necessary, to communicate with you regarding the administration of Dawakosh. Occasionally, you may receive newsletters or updates with information that we deem to be of interest to the members of Dawakosh.

If you do not want to receive newsletters and updates, you may opt out of those Services. When you register with the Site, you are confirming that you are willing to receive commercial messages from Dawakosh.

Ownership of Intellectual Property

Dawakosh and its licensors own all rights, title and interest in and to the Dawakosh and the Services, and any Intellectual Property Rights therein and/or related thereto. "Intellectual Property Rights" means all worldwide patent, patent applications, copyrights, trade secrets, trademarks, service marks, trade names and any other intellectual property, proprietary, and database protection rights. The Dawakosh name and its logo are registered trademarks, ZENPROS LIFECARE PRIVATE LIMITED, a company incorporated in India is authorized to use and no right or license is granted to you herein to use such trademarks. The trade mark or any copyrights for the products we sell are owned by respective manufacturers or others as the case may be. We are displaying the products for sale only and we don’t have any rights over intellectual property of respective owners.

Third party Links

Dawakosh may contain links to third party sites or pages that are not under the control of Dawakosh, and Dawakosh is not responsible for any content on any such links. If you access a third party site or page from the Dawakosh, then you do so at your own risk. Dawakosh provides links only as a convenience and the inclusion of the link does not imply that Dawakosh endorses or accepts any responsibility for the content on those third party sites or pages. You may not use on your site any content or trademarks appearing on the site in establishing the link. You may not frame or otherwise incorporate into another site the content or other materials on the Site without prior written consent.

Permissions and Restrictions 

You may access and use Dawakosh and the Services only for lawful purposes and solely in accordance with the terms of this Agreement. Dawakosh reserves the right to discontinue any aspect of Dawakosh or the services at any time and without notice. All rights not expressly granted to you under this agreement are reserved by Dawakosh and its licensors.

You agree you will not:

1)       license, sublicense, rent, lease, loan, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party Dawakosh or Services

2)       Modify or make derivative works based upon Dawakosh or the Services

3)       Reverse engineer, disassemble, decompile, or otherwise attempt to derive the source code or method of operation of Dawakosh or the Services, or authorize any third party to do any of the foregoing

4)       Access or make use of the Services and Dawakosh by scripts or automated services

5)       Impersonate any person or use a name that you are not authorized to use

6)       Compromise violates or impairs system or network security or operation

7)       Act dishonestly or unprofessionally, including by posting inappropriate, inaccurate, or objectionable content

8)       Add content that is not intended for, or inaccurate for, a designated field

9)       Use or attempt to use another's account

10)   Harass, abuse or harm another person

11)   Send spam or other unwelcomed communications to others

12)   Scrape or copy profiles and information of others through any means (including crawlers, browser plugging and add-ons, and any other technology or manual work)

13)   Act in an unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable manner

14)   Disclose information that you do not have the right to disclose (such as confidential information of others)

15)   Violate intellectual property rights of others, including patents, trademarks, trade secrets, copyrights or other proprietary rights

16)   Violate the intellectual property or other rights of Dawakosh, including, without limitation, using the word “Dawakosh” or Our logos in any business name, email, or URL

17)   Post any unsolicited or unauthorized advertising, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation unauthorized by Dawakosh

18)   Post anything that contains software viruses, worms, or any other harmful code

19)   Manipulate identifiers in order to disguise the origin of any message or post transmitted through the Services

20)   Create profiles or provide content that promotes escort services or prostitution

21)   Create or operate a pyramid scheme, fraud or other similar practice

22)   Copy or use the information, content or data of others available on the Services (except as expressly authorized)

23)   Copy or use the information, content or data on Dawakosh in connection with a competitive service (as determined by Dawakosh)

24)   Copy, modify or create derivative works of Dawakosh, the Services or any related technology (except as expressly authorized by Dawakosh)

25)   Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology, or any part thereof

26)   Imply or state that you are affiliated with or endorsed by Dawakosh without Our express consent

27)   Rent, lease, loan, trade, sell/re-sell access to the Services or related any information or data

28)   Sell, sponsor, or otherwise monetize a feature of Dawakosh services, without Dawakosh consent

29)   Deep-link to Our Services for any purpose without Dawakosh consent

30)   Remove any copyright, trademark or other proprietary rights notices contained in or on Our Service

31)   Remove, cover or obscure any advertisement included on the Services

32)   Collect, use, copy, or transfer any information obtained from Dawakosh without the consent of Dawakosh

33)   Share or disclose information of others without their express consent

34)   Use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” the Services or any related data or information

35)   Use bots or other automated methods to access the Services, add or download contacts, send or redirect messages

36)   Monitor the Services' availability, performance or functionality for any competitive purpose;

37)   Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services

38)   Access the Services except through the interfaces expressly provided by Dawakosh, such as its mobile applications and Dawakosh.com

39)   Override any security feature of the Services

40)   Interfere with the operation of, or place an unreasonable load on, the Services (e.g., spam, denial of service attack, viruses, gaming algorithms)

You agree that you will (a)  Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements; (b) Provide accurate information to us and keep it updated: (c) Use the Services in a professional manner

Complaints regarding content posted on the Dawakosh 

Dawakosh respects intellectual property rights of others and desires to offer a platform which contains no content that violates those rights. Our user agreement requires that information posted by members be accurate, lawful and not in violation of the rights of third parties. To promote these objectives, Dawakosh provides a process for submission of complaints concerning content posted by our registered users. Any complaints about content posted on the site by users should be directed to hello@dawakosh.com.

Copyright Infringement

If you believe in good faith that your copyright has been infringed, communicate to hello@dawakosh.com providing details of copyrighted work that you claim has been infringed, specifying location on our website of material you claim is infringing, contact details,  authorization statement if you are not copyright owner.

Representations and Warranties

you represent, warrant and covenant for the benefit of Dawakosh that (a)  You have the legal right and authority to enter into this agreement and if you are accepting this agreement on behalf of a company or other entity, to bind the company of other entity to the terms of this agreement; (b)  You have the legal right and authority to perform your obligation under this agreement and to grant the rights and licenses described in this agreement and in any applicable additional agreement you enter into in connection with any of the services; (c) All information you provide to Dawakosh in connection with this agreement and your access to Dawakosh and use of the services is correct and current.

Indemnification

You will indemnify, defend, and hold harmless Dawakosh and each of its respective employees , officer, directors, and affiliates ("Indemnified Parties"), from any and all claims, losses, liabilities, damages, fees, expenses and costs (including attorneys' fees, court costs, damage awards, and settlement amounts) which result from any claim or allegation against any Indemnified Party arising from: (a) Your accessing Dawakosh or use of the Services, including any materials disseminated or transmitted by You and/or Your Registrants; (b) Your breach of any term of this Agreement; or (c) Your negligence or intentional misconduct hereunder. Dawakosh will provide you with notice of any such claim or allegation, and Dawakosh will have the right to participate in the defense of any such claim at its expense.

Disclaimer

the parties acknowledge that the services are provided to you strictly on “AS IS" AND "AS AVAILABLE” basis with no warranties whatsoever. You recognize that the current state of technology does not allow for error free access to the site ant use of the services and interruptions, crashed and downtime may occur from time to time. DAWAKOS does not represent or warrant that: (a)  The use of the services will be secure, timely, uninterrupted or error free or operate in combination with any other hardware, software, system or data; (b)   The services will meet customer’s requirements or expectations; or (c) Any results generated by using the services will be accurate, up-to-date, complete or reliable. Dawakosh disclaims all representations and warranties, whether express, implied warranty or merchant ability, fitness for a particular purpose, title or non-infringement of third party rights to the maximum extent permitted by applicable law.
No oral or written information given by Dawakosh will increase the scope of the above warranties or create new warranties. You agree that your access to the site and the information thereon is at your own risk and that you are solely responsible for any liability or damage you incur through access to the site or use of the services.


Limitation of Liability

in no event will Dawakosh be liable for any indirect, punitive, special, exemplary, incidental, consequential or other damages, whether in contract, tort or any other legal theory, arising out of, or in connection with the site, the information thereon, or these terms of use, including without limitation, the use or inability to use the site, even if Dawakosh has been advised of the possibility of such loss or damages and whether or not such loss or damages are foreseeable.

Your sole and exclusive remedy with respect to the use of any services provided by Dawakosh in connection with your free Registration shall be to discontinue.

Notices

Except as otherwise expressly set forth herein, all notices by you to Dawakosh under this Agreement must be delivered in writing by courier, by electronic facsimile, or by certified or registered mail (postage prepaid and return receipt requested) to Dawakosh address set forth on the Site, as appropriate. Such notice will be effective upon receipt or three business days after being deposited in the mail, whichever occurs sooner. Dawakosh may deliver a notice to you by posting of a general notice on the site, which will be effective 48 hours after posting to Dawakosh.

Termination

This agreement shall be effective for as long as you use access Dawakosh or the Services and the above sections on the Ownership of IP, Data Collection, Reps and Warranties, Indemnification, Disclaimer and General Provisions shall survive termination or expiration of this agreement.

Dawakosh reserve the right to terminate your registration & your access to any Services without citing any reason.

Neither Dawakosh nor any affiliate of Dawakosh shall be liable to you or to any third party for termination of your registration for any reason. No third party is an intended beneficiary of this agreement.

General 

This Agreement is the complete and exclusive statement of the Agreement between Dawakosh and you regarding the services and supersedes any other agreement or proposal, oral or written (including information on Dawakosh), and any other communications between Dawakosh and you. This Agreement will be governed by the laws of India without regard to conflicts of law principles. All disputes arising under this agreement are subject to JODHPUR Jurisdiction. Each party irrevocably hereby consents to the jurisdiction and venue of any such court in any such action or proceeding. There are no other third party beneficiaries under this Agreement.

The waiver of a breach of any provision of this Agreement will not operate or be interpreted as a waiver of any other or subsequent breach. If any provision of this agreement is deemed unenforceable, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

You may not assign, delegate or otherwise transfer this agreement or any of your rights or obligations under this agreement without the prior written consent of Dawakosh. Any such assignment, delegation or transfer in violation of the foregoing will be null and void.

Write to hello@dawakosh.com for any other information/query