Terms of Service

CONTRACTUAL RELATIONSHIP

The website www.nirogstreet.com (NirogStreet.com) is operated by Hinirog Healthtech Private Limited, having its registered office located at First & Second Floor, E-5, Lane no.- 1, Westend Marg, Saidulajab, New Delhi- 110030, India. PLEASE READ THE CONDITIONS HEREIN MENTIONED BEFORE ACCESSING AND USING THE SERVICES.

This document (“Terms & Conditions”) is an electronic record in terms of Information Technology Act, 2000 and rules thereunder, as applicable and the amended provisions pertaining to electronic records in various statutes, as amended from time to time by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. This document is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries Guidelines and Digital Media Ethics Code) Rules, 2021 that requires publishing of the rules and regulations, privacy policy and Terms for access or usage of www.nirogstreet.com website and its mobile application.

Your access and use of the services constitute your agreement to be bound by these terms, which establish a contractual relationship between you and NirogStreet. If you do not agree to these terms, you may not access or use the services. These terms expressly supersede prior agreements or arrangements with you. NirogStreet may immediately terminate these terms or any services with respect to you, or generally cease offering or deny access to the Services with respect to you, or generally cease offering or deny access to the services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms shall prevail over these terms in the event of a conflict with respect to the applicable Services. NirogStreet may amend the terms related from time to time. Amendments will be effective upon NirogStreet’s posting of such updated terms at this location or the amended policies or supplemental terms on the applicable Service. Your continued access or use of the services after such posting constitutes your consent to be bound by the terms, as amended. Our collection and use of personal information in connection with the services is as provided in NirogStreet’s Privacy Policy

NirogStreet may provide to a claim’s processor or an insurer any necessary information (including your contact details) if there is a complaint involving you or Third Party Provider (including a Doctor) and such information or data is necessary to resolve complaint, dispute or conflict.

USER REQUIREMENTS AND CONDUCT

Use of the Website/App is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including without limitation, minors, un-discharged insolvents etc. are not eligible to use the Website. User includes a Bachelor of Ayurvedic Medicine and Surgery (BAMS), a Bachelor of Ayurvedic Medicine and Surgery (BHMS) (or other such qualifications as deemed necessary), an Ayurvedic Practitioner or Naturopathy Practitioner or a certified and qualified Yoga Practitioner/Instructor/Teacher or a Student enrolled in the abovementioned courses. User agrees to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes. Users other than Ayurveda Doctors and Students shall be responsible for their actions for using the Website/App. NirogStreet reserves the right to refuse access to use the services offered at the Website/App to new Users or to terminate access granted to existing Users at any time without any reasons for doing so and You shall have no right to object to the same.

Users will not, in your use of the Services, cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. In certain instances you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.

If the user engages in hateful, racist, abusive or other such activities on the website or if Nirog Street suspects any kind of fraudulent or illegal activity from the account, it has the right to suspend or terminate the account with immediate effect. In no case shall the content of the website be reproduced or copied elsewhere. All content on this website is subject to copyright and intellectual property laws. By Signing Up at NirogStreet you are giving us the consent and agreeing to the terms that NirogStreet can reach out to you via Call, Whatsapp & Facebook Messenger, SMS and Email. These communications will be both transactional and promotional in nature. Our Website is operated, and services are provided in compliance with the laws in India and Company shall not be liable to deliver any Products or provide any Services purchased by You in locations outside India.

PRODUCTS AND SERVICES

NirogStreet provides services to Users without a fee (“services”). These services include:

  • User- Providing Ayurveda medicines which are available on NirogStreet Website/App.
  • Clinic- an establishment providing services related to the Indian system of medicine.

NirogStreet may make changes to these terms as and when it deems necessary. Such a change will be informed to the user immediately. The authenticity, accuracy, quality or genuineness of the Products and Services made available through the Website/App shall be sole responsibility of the brand whose product it would be. NirogStreet does not take any representation or warranty as to the legal title of the Products and Services offered on the Website/App. The right, title, claim or interest in the products sold through the Website shall not vest with the Company and the Company shall not have any obligations or liabilities in respect of any transactions on the Website/App.

NirogStreet is not responsible for delayed performance, non-performance or breach due to Logistic Partner. NirogStreet gives no guarantee that the concerned Logistic Partner will perform any transaction concluded on the Website. NirogStreet is not responsible for the Products and Services which are out of stock, back ordered or otherwise unavailable, but were shown as available on the Website at the time of placement of order by User.

CONDITIONS OF SITE USE

For Practitioners

  • You must only register to our site if you are a certified Bachelor of Ayurvedic Medicine and Surgery (BAMS), Bachelor of Ayurvedic Medicine and Surgery (BHMS) (or other such qualifications as deemed necessary), Ayurvedic Practitioner or Naturopathy Practitioner or a certified and qualified Yoga Practitioner/Instructor/Teacher.
  • All the information provided by you related to your education, degree, certification, membership of various organizations etc. should be authentic. If NirogStreet finds any discrepancies with such information, it would have the right to take down/dismiss or suspend the account of the practitioner.
  • NirogStreet has the right to monitor the content provided by the practitioners on ‘Health Feed’ and remove any hateful, racist, abusive or other such related content and comments immediately. Such actions may also result in the suspension/termination of practitioner accounts.
  • NirogStreet shall not be held liable for any losses or damages to the practitioner related to the use of their services. In case of any such incident, NirogStreet will be held harmless.
  • In no case shall the content of the website be reproduced or copied elsewhere. All content on this website is subject to copyright and intellectual property laws.
  • By Signing Up at NirogStreet, you are giving us the consent and agreeing to the terms that NirogStreet can reach out to you via Call, Whatsapp & Facebook, SMS and Email. These communications will be both transactional and promotional in nature. For Clinics
  • Only a clinic providing healthcare or allied services related to the Indian system of medicine with qualified doctors can register on the platform.
  • The clinic must employ only qualified and registered doctors with BAMS, BAHM or another relevant degree in their premises.
  • All information provided by the clinic, including the staff details, services, costs, packages and qualification of the staff should be accurate. If NirogStreet finds any discrepancies with such information, it would have the right to take down/dismiss or suspend the account of the clinic.
  • NirogStreet shall not be held liable for any losses or damages to the practitioner related to the use of their services. In case of any such incident, NirogStreet will be held harmless.
  • Clinics shall provide their correct address and costs to the users. In case of any discrepancies, NirogStreet shall have the right to take down/dismiss or suspend the account of the clinic.
  • By Signing Up at NirogStreet you are giving us the consent and agreeing to the terms that NirogStreet can reach out to you via telephone call, on Whatsapp & Facebook messenger, SMS and Email. These communications will be both transactional and promotional in nature.

INVITATION TO OFFER FOR SALE

The listing of medicines on the Website is merely an ‘invitation to an offer for sale’ and not an ‘offer for sale’. The placement of an order by User shall constitute an offer by the User to enter into an agreement.

DISCLAIMER

The services are provided “as is” and “as available.” NirogStreet disclaims all representations and warranties, express, implied or statutory, not expressly set out in these terms, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. In addition, NirogStreet makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability or availability of the services or any services or goods requested through the use of the services, or that the services will be uninterrupted or error-free. NirogStreet does not guarantee the quality, suitability, safety or ability of third party providers. You agree that the entire risk arising out of your use of the services, and any service or good requested in connection therewith, remains solely with you, to the maximum extent permitted under applicable law. In no case shall the content of the website be reproduced or copied elsewhere. All content on this website is subject to copyright and intellectual property laws.

LIMITATION OF LIABILITY

NirogStreet shall not be liable for indirect, incidental, special, exemplary, punitive or consequential damages, including lost profits, lost data, personal injury or property damage related to, in connection with, or otherwise resulting from any use of the services, even if NirogStreet has been advised of the possibility of such damages. NirogStreet shall not be liable for any damages, liability or losses arising out of: (i) your use of or reliance on the services or your inability to access or use the services; or (ii) any transaction or relationship between you and any third party provider, even if NirogStreet has been advised of the possibility of such damages. NirogStreet shall not be liable for delay or failure in performance resulting from causes beyond NirogStreet’s reasonable control. NirogStreet’s services may be used by you for tech support and place ayurvedic medicine orders but you agree that NirogStreet has no responsibility or liability to you related to any transportation, goods or logistics services provided to you by third party providers other than as expressly set forth in these terms. The limitations and disclaimer in this section do not purport to limit liability or alter your rights as a consumer that cannot be excluded under applicable law.

INDEMNITY

You agree to indemnify and hold NirogStreet and its officers, directors, employees, agents & any sister concerns harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) NirogStreet’s use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers.

GOVERNING LAWS & DISPUTE RESOLUTION

Except as otherwise set forth in these Terms, these Terms shall be exclusively governed by and construed in accordance with the laws of India. Any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the Services or these Terms, including those relating to its validity, its construction or its enforceability (any “Dispute”) shall be first between the parties in good faith and try to resolve the disputes amicably. If such Dispute has not been settled within forty five (45) days after a request for amicably resolving the dispute has been submitted under the Indian laws, such Dispute can be referred to and shall be exclusively and finally resolved by arbitration under the Arbitration and Conciliation Act, 1996 (“Act”). The Dispute shall be resolved by one (1) arbitrator to be appointed in accordance with the Act. The seat and venue for arbitration shall be New Delhi, India. The language of the mediation and/or arbitration shall be English, unless you do not speak English, in which case the arbitration shall be conducted in both English and your native language. The arbitration award delivered by the tribunal shall be final and binding on both Parties. Each Party shall bear its own costs relating to such arbitration, and the Parties shall equally share the arbitrator’s fees. The arbitration award delivered by the tribunal shall be final and binding on both Parties. Each Party shall bear its own costs relating to such arbitration, and the Parties shall equally share the arbitrator’s fees. The existence and content of the arbitration proceedings, including documents and briefs submitted by the parties, any correspondence, orders and awards issued by the sole arbitrator, shall remain strictly confidential and shall not be disclosed to any third party without the express written consent from the other party unless: (i) the disclosure to the third party is reasonably required in the context of conducting the mediation or arbitration proceedings; and (ii) the third party agrees unconditionally in writing to be bound by the confidentiality obligation stipulated herein.