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Terms and Conditions of use

Please read these terms of use carefully by accessing or using internet based platform or through offline mode at various centers of Sterling Accuris Wellness Private Limited and its third party collection centers. You agree to be bound by the terms described herein and all terms incorporated by reference.

WHAT IS STERLING ACCURIS:

  1. The domain name www.Sterlingaccuris.com, an internet based portal and Sterling Accuris Diagnostic Mobile Application, is managed and operated by Sterling Accuris Wellness Private Limited. Sterling Accuris Wellness Private Limited a company duly incorporated under the provisions of the Companies Act, 2013 (hereinafter referred to as “Sterling Accuris” or “We” or “Our” or “Us” or “Company”) having its Registered Office situated at 101 to 109, Sankalp Square – II, Ellisbridge, Paldi, Ahmedabad, Gujarat with PAN: AAVCS1174P. The domain name Sterling Accuris and the Sterling Accuris Diagnostic Mobile Application are collectively referred to as the “Website”. It also includes owned collection centers, third party Phlebotomy Services Centers (PSCs) operated under the banner of Sterling Accuris Wellness Private Limited. The word Phlebotomy Services Centre (PSC) shall also be (hereinafter referred to as “Third Party Labs/ Third Party Service Providers”)
  2. Your access or use of the Website, transaction on the Website and use of Services (as defined herein below) hosted or managed remotely through the Website, are governed by the following terms and conditions (hereinafter referred to as the Terms of Use”), including the applicable policies which are incorporated herein by way of reference. These Terms of Use constitute a legal and binding contract between you (hereinafter referred to as “You”or “Your” or the “User”) on one part and   Sterling Accuris on the other Part.
  3. By accessing, browsing or in any way transacting on the Website, or availing any Services, You signify Your agreement to be bound by these Terms of Use. Further, by impliedly or expressly accepting these Terms of Use, you also accept and agree to be bound by Our policies, including the Privacy Policy, and such other rules, guidelines, policies, terms and conditions as are relevant under the applicable law(s) in India and other jurisdictions for the purposes of accessing, browsing or transacting on the Website, or availing any of the Services, and such rules, guidelines, policies, terms and conditions shall be deemed to be incorporated into, and considered as part and parcel of these Terms of Use.
  4. The arrangement between the Third Party Service Providers, You and Us shall be governed in accordance with these Terms of Use. The Services would be made available to such natural persons who have agreed to use the Website after obtaining due registration, in accordance with the procedure as determined by Us, from time to time, (referred to as “You” or “Your” or “Yourself” or “User”, which terms shall also include natural persons who are accessing the Website merely as visitors). The Services are offered to You through various modes which shall include issue of discount coupons and vouchers that can be redeemed for various Pathology Reports and its services offered for sale by the Sterling Accuris or its PSCs.
  5. Sterling Accuris reserves the right to change or modify these Terms of Use or any policy or guideline of the Website including the Privacy Policy, at any time and in its sole discretion. You should frequently review these Terms of Use and applicable policies to understand the terms and conditions that apply to Your use of the Website.
  6. As a condition to Your use of the Website, You must be 18 (eighteen) years of age or older to use or visit the Website in any manner. By visiting the Website or accepting these Terms of Use, You represent and warrant to Sterling Accuris that You are 18 (eighteen) years of age or older, and that You have the right, authority and capacity to use the Website and agree to and abide by these Terms of Use.
  7. Sterling Accuris authorizes You to view and access the content available on the Website solely for the purposes of availing the Pathology Laboratory Services, such as visiting, using, ordering, receiving, delivering and communicating only as per these Terms of Use. The contents on the Website including information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content, contains Phlebotomy Services Centers (PSCs) / Third Party Service Providers’ content (“Third Party Content”) as well as in-house content provided by Sterling Accuris including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals (“Sterling Accuris Content”) (collectively, “Content”). Sterling Accuris Diagnostic is the property of Sterling Accuris Wellness Private Limited and is protected under copyright, trademark and other applicable law(s). You shall not modify the Sterling Accuris Content or reproduce, display, publicly perform, distribute, or otherwise use the Sterling Accuris Content in any way for any public or commercial purpose or for personal gains.

YOUR AGREEMENT TO BE BOUND BY TERMS AND CONDITIONS MENTIONED IN WEBSITE OF STERLING ACCURIS WELLNESS PRIVATE LIMITED: 

By obtaining the Offer / Subscription and clicking to “Agree” button to move ahead for payment of  Membership Fees, you agree to be bound by these Terms and Conditions of “Sterling Accuris” Website i.e. https://sterlingaccuris.com and also agree to comply with applicable law at 'all times. The primary responsibility to ensure compliance with these Terms & Conditions shall lie with the “User” of the Offer / Subscription / Membership.

ELIGIBILITY:

  1. For the purposes of availing the Services and/or transacting with the Company/PSCs/Third Party Service Providers through the Website, you are required to obtain registration, in accordance with the procedure established by Sterling Accuris in this regard. As part of the registration process, Sterling Accuris may collect the following personal information from You:
  2. Name;
  3. User ID;
  4. Email address;
  5. Address (including country and ZIP/ postal code);
  6. Gender;
  7. Age;
  8. Phone number;
  9. Password chosen by the User;
  10. Valid financial account information; and
  11. Other details as You may volunteer.
  12. The registration on or use/ access of the Website is only available to natural persons, other than those who are ‘incompetent to contract’ under the Contract Act. That is, persons including minors, un-discharged insolvents etc. are not eligible to register on, or use/ access the Website. By registering, accessing or using the Website, You accept these Terms of Use and represent and warrant to  Sterling Accuris that you are ‘competent to contract’ under the Contract Act and have the right, authority and capacity to use the Website and agree to and abide by these Terms of Use.
  13. A registered id can only be utilized by the person whose details have been provided and Sterling Accuris does not permit multiple persons to share a single log in/ registration id. However, a registered user, being also a parent or legal guardian of a person ‘incompetent to contract’ such as minors or persons with unsound mind, would be permitted to access and use the Website for the purposes of procuring the Services, on behalf of such persons.
  14. Organizations, companies, and businesses may not become registered members on the Website or may not use the Website through individual members.
  15. You agree and acknowledge that You would (i) create only 1 (one) account; (ii) provide accurate, truthful, current and complete information when creating Your account and in all Your dealings through the Website; (iii) maintain and promptly update Your account information; (iv) maintain the security of Your account by not sharing Your password with others and restricting access to Your account and Your computer; (v) promptly notify Sterling Accuris if You discover or otherwise suspect any security breaches relating to the Website; (vi) take responsibility for all the activities that occur under Your account and accept all risk of unauthorized access; (vii) Any communication from  Sterling Accuris shall be sent only to your registered mobile number and/or email address or such other contact number or email address that you may designate and (viii) You shall be solely responsible to update your registered mobile number and/or email address on the Website in the event there is a change.
  16. The Website uses temporary cookies to store certain data (that is not sensitive personal data or information) that is used by  Sterling Accuris for the technical administration of the Website, research and development, and for User administration. In the course of serving advertisements or optimizing services to You, Sterling Accuris may allow authorized third parties to place or recognize a unique cookie on Your browser. Sterling Accuris does not store personally identifiable information in the cookies.
  17. Sterling Accuris, at its sole discretion, reserves the right to permanently or temporarily suspend Users, to bar their use and access of the Website and App, at any time while Sterling Accuris investigates complaints or alleged violations of these Terms of Use or any Services, or for any other reason.

EDITORIAL POLICY FOR THE WEBSITE:

  1. As part of the Services, Sterling Accuris provides Sterling Accuris Content on the Website targeted at general public for informational purposes only and does not constitute professional medical advice, diagnosis, treatment or recommendations of any kind. Sterling Accuris Content is subject to the following rules/ information:
  2. Sterling Accuris Content is original and is relevant to the general public;
  3. Topics for Content are selected by Our qualified experts consisting of certified medical experts and medical professionals;
  4. Topics for Sterling Accuris Content are chosen on the basis of current health news, latest medical findings published in peer-reviewed medical journals.
  5. Sterling Accuris maintains principles of fairness, accuracy, objectivity, and responsible, independent reporting;

OTHER TERMS:

  1. Your Sterling Accuris profile is created to store record of Your Consultations and Your personal health information online, including history, health conditions, allergies and medications.
  2. Any information obtained from use of the Services by You becomes part of Your Sterling Accuris record. You agree to provide accurate information to help us serve You best to Our knowledge, to periodically review such information and to update such information as and when necessary. Sterling Accuris reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the Website according to its internal record retention and/or destruction policies. You might be contacted via email to review the information provided by You for Sterling Accuris’s record or for the Services. Please make sure You provide a valid email-id and You update it as and when needed.
  3. For additional information regarding use of information about You, please refer to the Privacy Policy.
  4. The terms “personal information” and “sensitive personal data or information” are defined under the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), and are reproduced in the Privacy Policy.
  5. The Privacy Policy sets out:
    1. the type of information collected from Users, including sensitive personal data or information;
    2. the purpose, means and modes of usage of such information; and
    3. how and to whom  Sterling Accuris will disclose such information.
    4. The Users are expected to read and understand the Privacy Policy, so as to ensure that he or she has the knowledge of:
    5. the fact that the information is being collected;
    6. the purpose for which the information is being collected;
    7. the intended recipients of the information;
    8. the name and address of the agency that is collecting the information and the agency that will retain the information; and
    9. the various rights available to such Users in respect of such information.
  6. Sterling Accuris shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the Users to  Sterling Accuris or any other person acting on behalf of   Sterling Accuris.
  7. The use of the Website involves every Users’ registration information and browsing history being stored. The consent and procedure for such collection and submission is provided in the Privacy Policy. The other information collected by  Sterling Accuris from Users as part of the registration process is described in the Privacy Policy. The consent and revocation procedures in relation to the same are set out in the Privacy Policy.
  8. The Users are responsible for maintaining the confidentiality of the Users’ account access information and password. The Users shall be responsible for all uses of the Users’ account and password, whether or not authorized by the Users. The Users shall immediately notify  Sterling Accuris of any actual or suspected unauthorized use of the Users’ account or password.
  9. If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or  Sterling Accuris has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, of any data previously entered by a member has been tempered or changed,  Sterling Accuris shall have the right to suspend or terminate such account at its sole discretion.
  10. Memberships are non-transferable, and points accrued under a membership plan may only be utilized by the registered member.
  11. Users must ensure that all personal and family information is accurate and up to date before opting for membership. Incorrect or outdated information may affect membership benefits.
  12. Any profile changes made to your personal or your family members after becoming a primary member or adding them a sub-member may result in revocation of membership benefits.
  13. For members the reports of a member as well as his/her secondary members (members referred & added by him/ her) will be accessible to the members.
  14. Sterling Accuris may disclose or transfer User Information (as defined in the Privacy Policy) to its affiliates in other countries, and You hereby consent to such transfer. The SPI Rules only permit  Sterling Accuris to transfer sensitive personal data or information including any information, to any other body corporate or a person in India, or located in any other country, that ensures the same level of data protection that is adhered to by   Sterling Accuris as provided for under the SPI Rules, only if such transfer is necessary for the performance of the lawful contract between   Sterling Accuris or any person on its behalf and the user or where the User has consented to data transfer.
  15. Sterling Accuris does not guarantee cure of any ailment through the testing and all medicines should be taken as per consulting doctor's prescriptions only.
  16. By accepting these Terms of Use and by registering on the Website, You consent to be contacted by Us and/or by our third party service providers. You further consent to receive Calls, emails and messages (SMS) notifications and information from Us and from Third Party Service Providers including for promotions, discount and/or other service delivery related issues.

PAYMENT, FEES AND TAXES:

  1. Registration on the Website and the access to the information provided on the Website is free. Sterling Accuris does not charge any fee for accessing, browsing and buying through the Website except for membership purchase or for booking of diagnostics test. You agree to make all payments directly to the Company in case of purchase of “Pathology Laboratory Testing” directly from the Company.
  2. In relation to the diagnostic services being availed from the Website, the User agrees to pay all package fees, consulting fees and other fees applicable to the Third Party Labs/Centre for use of such Services and the Third Party Labs/Centre shall not circumvent the fee structure. The fee is dependent on the package that the Third Party Labs purchase and not on actual usage of the Services. In relation to the Users using the diagnostic Services, the Users agree to make all payments directly to the respective Third Party Labs for use of the diagnostic Services from the Website. User agrees and acknowledges that User shall not hold Sterling Accuris responsible for any loss or damage caused to User during the process, due to any acts or omission on the part of the Third Party Labs’ any actions/omissions which are beyond the control of Sterling Accuris.
  3. Each User is solely responsible for payment of all taxes, legal compliances, statutory registrations and reporting. Sterling Accuris is in no way responsible for any of the taxes except for its own income tax.
  4. The subscription fees for the Services, if any charged by Sterling Accuris, could be paid online through the facility made on the Website. The fees could also be paid offline and be either collected personally by the sample collecting personal, however the benefits of online purchasing will not be provided for such purchases to the patient/ user.
  5. All fees are exclusive of applicable taxes.
  6. Membership if purchased by a user/ patient is non-transferable and the points accumulated under a membership ID can be used only by the member and nobody else.
  7. Exclusive Scheme: No other discount scheme can be combined with this scheme. This membership benefits exclusively apply only on our website and mobile apps.
  8. Reward Points: Reward points are calculated based on the discounted amount, not the total amount. 1 point equals 1 rupee.
  9. Points Redemption: Reward points can only be redeemed against the value of lab tests as per these Terms & Conditions. Members may use up to 50% of the total discount amount in reward points for a single order. Points cannot be redeemed for cash or any equivalent refund.
  10. Point Expiry: Unutilized points will expire 365 days (1 year) from the accrual date. If no points are used within a continuous period of 365 days, the entire points balance for both members and non-members will lapse and cannot be used.
  11. Sterling Accuris reserves the right to modify the fee structure by providing on the Website which shall be considered as valid and agreed communication.
  12. Available payment methods: Wallets: UPI, All debit and credit cards. Cash on delivery for offline payments.
  13. Applicable payment charges: : As applicable from time to time.

CANCELLATION AND REFUND POLICY

Sterling Accuris reserves the right to reschedule or cancel an appointment without any prior notice. The time provided for consultation or conducting tests is indicative and the actual time for availing the Services may change depending on the availability of the phlebotomists. The user/customer can reschedule or cancel the service.

In case of cancellation or non-confirmation of the appointment by Sterling Accuris due to any reason, the user/customer may ask for rescheduling the appointment within 15 (fifteen) days. If the user/customer fails to reschedule the appointment within 15 (fifteen) days, then such user/customer will not be entitled to any refund or cancellation of the payment made to Sterling Accuris. No refund will be given after 15 (fifteen) days from the day the payment is made to the company.

However, in case a written request for a refund reaches the company within 15 (fifteen) days, the entire amount paid (without interest) will be credited for any further purchase of a similar or exceeding amount within a maximum of 30 (thirty) days from the date of cancellation.

The stated amount due for refund shall be processed within 15 (fifteen) business working days from the date of the cancellation, subject to all terms and conditions being met successfully. In case of cash payment, the money will be transferred through Bank a/c NEFT or Cheque.

Sterling Accuris shall not be responsible in any manner for any inconvenience or loss caused to the user as a result of such rescheduling or cancellation. Furthermore, Sterling Accuris reserves the right to refuse Service at any time without providing any reasons.

LIMITATION OF LIABILITY:

In no event shall Sterling Accuris, nor any officer, affiliate, director, shareholder, agent, sub-contractor (including without limitation technology providers and suppliers),  acting in its capacity of providing services to the “User”, or employee be liable or any third party for any direct, indirect, incidental, special, punitive, or consequential damages, or lost profits, earnings, or business opportunities, or expenses or costs, even if advised of the possibility thereof, resulting directly or indirectly from, or otherwise arising (however arising, including negligence) out of the use of the services by the client, including, but not limited to, damages resulting from or arising out of the omissions, interruptions, errors, defects, delays in operation, non-deliveries, mis-deliveries, transmissions by third parties, resulting in any failure of the performance of the portal; the termination or suspension of client’s user id and password by Sterling Accuris pursuant to specified terms and conditions; the failure, or alleged failure, of any product or service purchased or transferred pursuant to the portal to conform to any specifications or terms, whether published on the portal or not; the breach, or alleged breach, of any warranty, express or implied, relating to any such product, service or shipment; or government restrictions, strikes, war, any natural disaster or force majeure, or any other condition beyond Sterling Accuris’s reasonable control. Sterling Accuris’s liability to the “User” or any third party in any circumstances is limited to rupees NIL.

LIABILITY: 

  1. Sterling Accuris shall not be responsible or liable in any manner to the Users or any PSCs/Third Party Service Providers (collectively referred to as the “Other Parties”) for any losses, damage, injuries or expenses incurred by Other Parties as a result of any disclosures made by Sterling Accuris, where Other Parties have consented to the making of such disclosures by Sterling Accuris.
  2. The Services provided by Sterling Accuris or any of its PSCs or Third Party Service Providers are provided ‘as is’, as available, and without any warranties or conditions (express or implied, including the implied warranties of reports, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade).  Sterling Accuris does not provide or make any representations, warranties or guarantees, express or implied about the Website or the Services. Sterling Accuris does not verify any content or information provided by the Other Parties on the Website and to the fullest extent permitted by applicable law(s), disclaims all liability arising out of the Other Parties’ use or reliance upon the Website, the Services, the Sterling Accuris Content, Third Party Contents, representations and warranties made by the Other Parties on the Website or any loss arising out of the manner in which the Services have been rendered.
  3. To the maximum extent permitted by applicable law(s), Sterling Accuris, its affiliates, independent contractors, service providers, consultants, licensors, agents, and representatives, and each of their respective directors, officers or employees (“Protected Entities”), shall not be liable for any direct, indirect, special, incidental, punitive, exemplary or consequential damages, or any other damages of any kind, arising from, or directly or indirectly related to, (i) the use of, or the inability to use, the Website or the content, materials and functions related thereto; (ii) User's provision of information via the Website; even if such Protected Entity has been advised of the possibility of such damages.
  4. In no event shall the Protected Entities be liable for, or in connection with, (i) the provision of, or failure to provide, all or any products or service by a Third Party Service Provider to any User; or (ii) any comments or feedback given by any of the Users in relation to the Pathology Reports and its related or services provided by any Third Party Service Providers; or (ii) any content posted, transmitted, exchanged or received by or on behalf of any User, Third Party Service Providers or other person on or through the Website.
  5. The Users acknowledge that the Protected Entities merely act in the capacity of facilitators between the Other Parties by providing a platform for them to interact and transact. In no event shall the Protected Entities be held liable for any of the losses attributable to Services offered through the Website.
  6. In no event shall the total aggregate liability of the Protected Entities to any Other Parties for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to negligence, strict liability, product liability or otherwise) arising from these Terms of Use or any Other Parties’ use of the Website exceed an aggregate amount of INR 1000/- (Indian Rupees One Thousand only). Sterling Accuris accepts no liability for any errors or omissions on behalf of the Other Parties.
  7. In no event shall the Protected Entities be liable for failure on the part of the Users or Third Party Service Providers to provide agreed services or to make himself/herself available at the appointed time, cancellation or rescheduling of appointments. In no event shall the Protected Entities be liable for any comments or feedback given by any of the Users in relation to the services provided by a Third Party Service Providers.

INDEMNITY:

The Covenanters agree to defend, indemnify and hold harmless Sterling Accuris, the Protected Entities, independent contractors, service providers, consultants, licensors, agents, and representatives, and each of their respective directors, officers and employees, from and against any and all claims, losses, liability, damages, and/or costs (including, but not limited to, reasonable attorney fees and costs) arising from or related to (a) Covenanters access to or use of Website; (b) Covenanters violation of these Terms of Use or any applicable law(s); (c) Covenanters violation of any rights of another person/ entity, including infringement of their intellectual property rights; or (d) Covenanters conduct in connection with the Website.

MODIFICATION OF WEBSITE OR APPLICATION:

 Sterling Accuris reserves the right to modify or discontinue, temporarily or permanently, the Website or any features or portions thereof without prior notice. Other Parties agree that Sterling Accuris will not be liable for any modification, suspension or discontinuance of the Website or any other part thereof.

INTELLECTUAL PROPERTY RIGHTS:

All the intellectual property used on the Website except those which have been identified as the intellectual properties of the Other Parties shall remain the exclusive property of the Company. The Other Parties agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any materials or enforce limitations on use of the Website or the materials therein. The materials on the Website or otherwise may not be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted or transmitted in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording or other means.

 COMPLIANCE OF APPLICABLE LAW:

  1. Parties agree that it shall at all times and at its own expense (a) strictly comply with all applicable Indian laws, rules, regulations and governmental orders, now or hereafter in effect, relating to its performance of this joint offer, (b) pay all fees and other charges required by such laws, rules and regulations and orders and (c) maintain in full force and effect all licenses, permits, authorization, registration and qualifications from all Indian Governmental departments and agencies to the extent necessary to perform its obligations hereunder.
  2. The Users must also ensure that the prescription uploaded on the Website or emailed to  Sterling Accuris for processing the order for Prescription Tests is a valid prescription duly obtained from a registered medical practitioner. The Users acknowledge and accept that they shall bear all costs/ liability/ damages, caused to the Third Party Service Providers or to   Sterling Accuris, as a result of any dispensation of Prescription Tests by the Third Party Service Providers owing to the non-compliance by the User in this regard.

TERMINATION:

(Parties for the Purpose of these Terms of Use shall collectively mean the Other Parties and Sterling Accuris) The provisions of these Terms of Use shall continue to apply until terminated by either of the Party as set for below:

  1. In case of Other Parties wanting to terminate these Terms of Use, Other Parties may do so by:
    • not accessing the Website; or closing their accounts for all of the Services that they use.
    • Sterling Accuris reserves the right to, at any time, and with or without notice, terminate these Terms of Use against each of the Users or the Third Party Service Providers or the Other Parties as a whole, if there is:
      • breach any of applicable law(s), including but not limited to the Captioned Laws or the provisions of these Terms of Use or the terms of the Privacy Policy or any other terms, conditions, or policies that may be applicable to the Other Parties from time to time (or have acted in a manner that clearly shows that User(s) do not intend to, or are unable to, comply with the same); or
      • Sterling Accuris is unable to verify or authenticate any information provided to Sterling Accuris by User(s); or
      • Sterling Accuris believes, in its sole discretion, that User(s) actions may cause legal liability for Sterling Accuris (or any of its affiliates, independent contractors, service providers, consultants, licensors, agents, and representatives) or are contrary to the interests of the Website; or
      • Sterling Accuris is required to do so by law; or
      • if User(s) fail to provide (or after providing such consent, later revoke) the consents necessary or desirable for Sterling Accuris to provide the Services to the User(s); or
  2. The provision of the Services to the User(s), or to the general public, is in Sterling Accuris’s opinion, no longer commercially viable; or
  3. Sterling Accuris has elected to discontinue, with or without reason, access to the Website or the Services (or any part thereof).
  4. Sterling Accuris may also terminate or suspend (temporarily or permanently) all or a portion of User(s) account or access to the Services, with or without reason. Except as may be set forth in any of the terms applicable to a particular Service, termination of User(s) account may include: (i) removal of access to all offerings within the Website or with respect to the Services; and (ii) barring User(s) from further use or access of the Website or of any of the Services.
  5. Once terminated or suspended (temporarily or permanently), User(s) may not continue to use the Website under the same account, they will need a different account or re-register under a new account.
  6. Upon termination of these Terms of Use, Sterling Accuris shall have no obligation to maintain or provide any of User(s) data and may thereafter, unless legally prohibited, delete all of User(s) data in its systems or otherwise in its possession or under its control, including but not limited to User(s) personal information, log-in ID and password, order details (including any prescriptions uploaded) and all related information, files and materials associated with or inside User(s) account (or any part thereof).

FORCE MAJEURE:

Other Parties accept and acknowledge that   Sterling Accuris shall not be liable for any loss or damage caused to the User as a result of delay or default or deficiency or failure in the Services as a result of any natural disasters, fire, riots, civil disturbances, actions or decrees of governmental bodies, communication line failures (which are not caused due to the fault of   Sterling Accuris or the Third Party Service Providers), or any other delay or default or deficiency or failure which arises from causes beyond   Sterling Accuris’s reasonable control (“Force Majeure Event”). In the event of any Force Majeure Event arising, Sterling Accuris, depending on whose performance has been impacted under the Terms of Use, shall immediately give notice to the User(s) of the facts which constitute the Force Majeure Event. Further, delivery time periods specified on Website shall always be nonbinding under all circumstances as delivery is dependent on multiple factors that can assume uncertainty at any moment for unforeseen reasons beyond Company’s control.

GOVERNING LAW AND DISPUTE RESOLUTION:

These Terms of Use and any contractual obligation between the Parties will be governed by the laws of India, without reference to the conflict of laws principles. Any legal action or proceeding related to User(s) access to, or use of, the Website or these Terms of Use shall be subject to the exclusive jurisdiction of the courts at Ahmedabad. All disputes will be subject to arbitration at Ahmedabad in English by a sole arbitrator appointed by   Sterling Accuris under the Arbitration and Conciliation Act, 1996.

SURVIVAL:

Even after termination, certain obligations mentioned under Covenants, Liability, Indemnity, Intellectual Property, Dispute Resolution will continue and survive termination.

SEVERABILITY:

If any provision of these Terms of Use is deemed invalid, unlawful, void or for any other reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any of the remaining provisions.

WAIVER:

No provision of these Terms of Use shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by   Sterling Accuris. Any consent by   Sterling Accuris to, or a waiver by   Sterling Accuris of any breach by Other Parties, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

HEADINGS:

The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of these Terms of Use.

CONTACT INFORMATION:

If any User(s) has any grievance, comment, question or suggestion regarding any of our Services, please contact our User service at [email protected]. If any User(s) has any questions concerning Sterling Accuris, the Website, these Terms of Use, or anything related to any of the foregoing, Sterling Accuris can be reached at the following email address - [email protected] or via the contact information available from the following : Contact us.