LAST REVISION: 27-04-2024

TERMS OF SERVICE - Pinnacle Blooms Network unit of Bharath Healthcare Laboratories Pvt. Ltd.

1. Acceptance of Terms

By accessing and using the website located at https://www.pinnacleblooms.org ("Site") and any services provided via the Site ("Services"), you expressly, unambiguously, and unequivocally acknowledge and agree to be bound by these Terms of Service ("Terms"). These Terms constitute a legally binding agreement between you and Pinnacle Blooms Network, a unit of Bharath HealthCare Laboratories Pvt. Ltd., operated by Bharath HealthCare Laboratories Pvt. Ltd. ("Company"), the exclusive owner and operator of the Site, Pinnacle Application, and provider of specialized Multi-Sensory, Multi-Disciplinary, Integrated Autism Therapy Services ("Services"). If you do not agree to these Terms, you are prohibited from accessing or using the Site and Services, and you must immediately discontinue any use of the Site and Services.

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2. Changes to the Terms

The Company reserves the unilateral right, at its sole discretion, to modify, amend, or revise these Terms at any time, without prior notice or liability to users. Your continued access or use of the Site, App or Services following any such modifications constitutes your express, unambiguous, and unequivocal acknowledgment and acceptance of the new Terms. It is your responsibility to review these Terms periodically for updates or changes. By continuing to use the Site or App or Services, you hereby forfeit any and all rights to challenge or dispute any part of the modified Terms.

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3. Access and Use of the Site, App and Services

The Company grants you a non-exclusive, non-transferable, revocable license to access and use the Site, App, and Services strictly in accordance with these Terms, and solely for your personal, non-commercial purposes. You expressly, unambiguously, and unequivocally acknowledge and agree not to duplicate, reproduce, sell, resell, distribute, or exploit any portion of the Site, App, or Services, or any content therein, without the express written permission of the Company. Any unauthorized use automatically terminates the license granted by the Company and may subject you to civil and/or criminal penalties.

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4. User Accounts and Account Security

You are solely responsible for all activities that occur under your account and for maintaining the confidentiality and security of your account credentials. You expressly, unambiguously, and unequivocally acknowledge and agree to keep your account information accurate, complete, and up-to-date at all times. Failure to do so may result in the suspension or termination of your account and access to the Services. The Company shall not be liable for any loss, damage, or other consequences that may arise from your failure to maintain the security of your account or keep your account information accurate.

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5. User Conduct

You expressly, unambiguously, and unequivocally agree to access and use the Site, App, and Services in strict compliance with all applicable local, state, national, and international laws and regulations. Furthermore, you agree not to use the Site, App, or Services in any manner that is harmful, harassing, defamatory, or otherwise detrimental to the Company, other users, or any third party. Any violation of this provision may result in immediate termination of your account and legal action against you.

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6. User Content

If users can post content, you grant the Company a non-exclusive, royalty-free, transferable right to use, reproduce, distribute, create derivative works of, publicly display, publicly perform, and otherwise exploit such User Content on and through the Services.

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7. Intellectual Property

All content, features, and functionality on the Site and Services, including but not limited to text, graphics, logos, icons, images, processes, systems, strategies, approaches, techniques and software, are the exclusive property of the Company or its licensors and are protected by applicable intellectual property laws, including copyright and trademark laws. You expressly, unambiguously, and unequivocally acknowledge and agree not to infringe upon, misappropriate, or otherwise violate the Company's intellectual property rights, either directly or indirectly. Unauthorized use of any such content, features, or functionality may result in immediate termination of your account and legal action against you for infringement. By using the Site, App, Services, you hereby forfeit any and all rights to challenge or dispute this decision

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8. Payment Terms

If your use of the Services involves transactions, all payments are due immediately upon receipt of the invoice or as otherwise specified. You expressly, unambiguously, and unequivocally acknowledge and agree that if a payment is not received, or if the payment method is declined for any reason, your access to the Services will be terminated and your account will be blocked without prior notice. By using the Services, you hereby forfeit any and all rights to challenge or dispute this decision, and you understand that the Company reserves the right to pursue legal action for any unpaid amounts.

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9. Third-Party Links & Ads

The Company is not responsible for third parties or their content, advertisement(s), apps or sites ("Third-Party Links & Ads"). The inclusion of any link does not imply its endorsement by the Company.

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10. Disclaimer of Warranties

The Site, App, and the Services are provided on an "as is" and "as available" basis, without any warranties, representations, or guarantees of any kind, either express or implied, to the fullest extent permitted by applicable law. This includes, but is not limited to, warranties of merchantability, fitness for a particular purpose, or non-infringement. You expressly, unambiguously, and unequivocally acknowledge and agree that your use of the Site, App, and Services is at your sole risk, and the Company shall not be liable for any damages, losses, or consequences arising from such use.

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11. Limitation of Liability

To the fullest extent permitted by applicable law, the Company, its affiliates, and their respective directors, officers, employees, or agents, shall not be liable for any direct, indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation damages for loss of profits, goodwill, data, or other intangible losses. You expressly, unambiguously, and unequivocally acknowledge and agree that any such damages or losses resulting from the use or inability to use the Site, App, or Services are not the responsibility of the Company. By using the Services, you hereby forfeit any and all rights to bring any claim or action against the Company related to such matters.

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12. Indemnification

You expressly, unambiguously, and unequivocally agree to indemnify, defend, and hold harmless the Company, its affiliates, and their respective directors, officers, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that arise from or relate to your use or misuse of the Site, App, and Services, or your violation of this Agreement. This indemnification obligation will survive the termination of your account or your use of the Services.

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13. Termination

The Company reserves the unilateral right, at its sole discretion, to terminate or suspend your access to the Site, App, and Services at any time and for any reason, without prior notice or liability to you. You expressly, unambiguously, and unequivocally acknowledge and agree that upon such termination, your right to use the Site, App, and Services will immediately cease, and you will forfeit any and all rights to challenge or dispute this decision.

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14. Dispute Resolution and Arbitration

Any dispute, controversy, or claim arising out of or in relation to these Terms, including the validity, invalidity, breach, or termination thereof, shall be resolved through final and binding arbitration, administered in accordance with the applicable arbitration rules, if initiated by you. You expressly, unambiguously, and unequivocally acknowledge and agree to be bound by this arbitration provision and forfeit any and all rights to bring any claim or action against the Company in any public court.

Notwithstanding the foregoing, the Company reserves the unilateral right, at its sole discretion, to initiate legal proceedings in a court of competent jurisdiction to seek injunctive or other equitable relief, or to protect its intellectual property rights. By using the Site, App or Services, you hereby forfeit any and all rights to challenge or dispute this decision.

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15. Governing Law

These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of laws principles. Any dispute, controversy, or claim arising out of or in relation to these Terms, including any question regarding its existence, validity, or termination, shall be exclusively referred to and finally resolved by the courts located within the jurisdiction of Hyderabad, India. You expressly, unambiguously, and unequivocally acknowledge and agree to be bound by this jurisdiction clause and hereby forfeit any and all rights to challenge or dispute this decision in any other jurisdiction or forum.

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16. Privacy

Your use of the Site, App and Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review the Privacy Policy to understand our practices.

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17. International Users

The Site, App, and Services are controlled, operated, and administered by the Company from its offices within Hyderabad, India. If you access the Site, App, or Services from a location outside of Hyderabad, India, you expressly, unambiguously, and unequivocally acknowledge and agree that you are solely responsible for compliance with all local, state, national, and international laws and regulations applicable to your location. Failure to comply with such laws may result in the termination of your access to the Services and may subject you to legal consequences.

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18. Governing Law and Jurisdiction

Your use of the Site, App, and Services is also governed by our Governing Law and Jurisdiction Policy, which is hereby incorporated into these Terms by reference. You expressly, unambiguously, and unequivocally acknowledge and agree to review and be bound by the Governing Law and Jurisdiction Policy to fully understand our practices and your obligations.

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19. General

Should any provision of these Terms be deemed invalid, void, or unenforceable by a court or arbitration panel of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, while preserving its intent or, if that is not possible, severed from these Terms. In either case, such modification or severance shall not affect the validity or enforceability of the remaining provisions. You expressly, unambiguously, and unequivocally acknowledge, agree, and consent to be bound by this severability clause, and understand that the remaining provisions shall continue in full force and effect without being impaired or invalidated in any way.

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20. Contact Information

If you have any questions or concerns regarding these Terms, please refer to our Contact Information Policy for the appropriate channels of communication. You may also reach us directly at [9100 181 181] or via email at [care@pinnacleblooms.org]. You expressly, unambiguously, and unequivocally acknowledge and agree to consult our Contact Information Policy for the most accurate and updated contact details.

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21. Accessibility

The Company is committed to ensuring digital accessibility for people with disabilities. We are continually improving the user experience for everyone and applying the relevant accessibility standards. If you encounter accessibility barriers with the Site or Services, please contact us at [9100 181 181] or email [care@pinnacleblooms.org].

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22. Digital Millennium Copyright Act (DMCA) Notice

If you believe that your copyrighted work has been copied and is accessible on the Service in a way that constitutes copyright infringement, you are required to provide the following information to [9100 181 181] or via email at [care@pinnacleblooms.org]:

An electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest.

A detailed description of the copyrighted work that you claim has been infringed.

A specific description of where the material that you claim is infringing is located on the Service, including any applicable URLs or other identifying information.

Your complete address, telephone number, and email address.

A statement by you, made under penalty of perjury, that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.

You expressly, unambiguously, and unequivocally acknowledge and agree to adhere to this procedure for reporting copyright infringement and understand that failure to comply may result in the dismissal of your claim.

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23. Beta Testing and Feedback

If you participate in a Company beta test, you agree to provide honest feedback and keep all beta test details confidential as directed. Any feedback you provide shall be considered non-confidential and non-proprietary to you. The Company shall be free to use such information on an unrestricted basis.

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24. Promotions and Competitions

The Company may, from time to time, conduct promotions and competitions which you may access via the Site, App, or Services. Each promotion or competition will be subject to these Terms as well as any additional terms and conditions that the Company may apply and explicitly outline at the time of the promotion or competition. You expressly, unambiguously, and unequivocally acknowledge and agree to review and be bound by such additional terms and conditions, and understand that failure to comply may result in disqualification from the promotion or competition and may affect your continued use of the Site, App, or Services.

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25. Survival

Upon termination of your use of the Site, App, or Services, all provisions of these Terms that by their nature are intended to survive such termination shall continue in full force and effect. This includes, but is not limited to, ownership provisions, warranty disclaimers, indemnity clauses, and limitations of liability. You expressly, unambiguously, and unequivocally acknowledge and agree that these provisions are intended to survive and shall survive any termination of your use of the Site, App, or Services.

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26. Force Majeure

The Company shall not be held responsible or liable for any failure to perform or delay in performance of any part of the Services, due to unforeseen circumstances or causes beyond our reasonable control. This includes, but is not limited to, acts of God, war, riot, crime, terrorist attacks, embargoes, acts of civil or military authorities, widespread internet or utility outages, fire, floods, earthquakes, or extreme weather conditions ("Force Majeure Events"). You expressly, unambiguously, and unequivocally acknowledge and agree that in the event of a Force Majeure Event, the Company's obligations under these Terms may be suspended for the duration of such event without incurring any liability.

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27. Business Transfer

If the Company, or substantially all of its assets, were acquired, or in the unlikely event that the Company goes out of business or enters bankruptcy, user information would likely be one of the assets that is transferred or acquired by a third party. You acknowledge and agree that such transfers may occur, and that any acquirer of the Company may continue to use your personal information only as set forth in our Privacy Policy.

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28. Entire Agreement

These Terms constitute the entire agreement between you and the Company concerning your use of the Site, App, and Services, and supersede all prior or contemporaneous communications, agreements, or understandings, whether oral or written, relating to the subject matter of these Terms. You expressly, unambiguously, and unequivocally acknowledge and agree that no other agreements, promises, or representations, other than those stated in these Terms, have been made by the Company concerning the subject matter herein.

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29. Notices

The Company may provide notices, announcements, or other communications to users through various means, including but not limited to posting on the Site or App, sending messages via the Services, WhatsApp messages, or emails to the contact information provided during registration. You expressly, unambiguously, and unequivocally acknowledge and agree to keep your contact information current and accurate. You further agree that the Company's chosen methods of communication are sufficient to meet any legal communication requirements, including but not limited to, any requirements for written notice.

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30. Waiver

The failure of the Company to enforce any right or provision of these Terms at any time shall not constitute a waiver of such right or provision, nor shall it affect the Company's right to enforce such provision at a later time. You expressly, unambiguously, and unequivocally acknowledge and agree that any waiver of any provision of these Terms shall be effective only if it is in writing and duly signed by an authorized representative of the Company.

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31. Severability

If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms, and the remaining provisions shall continue in full force and effect. You expressly, unambiguously, and unequivocally acknowledge and agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and that the remaining provisions of these Terms remain valid and enforceable.

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32. Assignment

Users may not transfer or assign their rights and obligations under these Terms to any third party without the prior written consent of the Company. The Company reserves the right to transfer or assign its rights and obligations under these Terms to any third party without restriction.

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33. Headings

The headings and section titles in these Terms are for convenience only and shall not affect the interpretation of the provisions.

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34. Language Versions

In the event of any discrepancy or inconsistency between translations of these Terms in different languages, the English version shall prevail.

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35. Reservation of Rights

All rights, titles, and interests not expressly granted to users in these Terms are reserved by the Company. You expressly, unambiguously, and unequivocally acknowledge and agree that no additional rights are granted by implication, estoppel, or otherwise, beyond those expressly stated in these Terms.

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36. Consent to Electronic Communications

By accepting these Terms, you expressly, unambiguously, and unequivocally consent to receive communications from the Company through electronic means. Such electronic communications may include, but are not limited to, emails, notifications, WhatsApp messages, or other forms of electronic messages delivered through the Site, App, or Services. You agree that all agreements, notices, disclosures, and other communications provided to you electronically satisfy any legal requirement that such communications be in writing.

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37. User Age and Eligibility

Your use of the Site, App and Services is also governed by our Age Restriction Policy, which is incorporated into these Terms by reference. Please review the Age Restriction Policy to understand our practices.

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38. User Responsibilities

You are solely responsible for all activities conducted through your account and for maintaining the confidentiality of your login credentials. You expressly, unambiguously, and unequivocally acknowledge and agree to immediately notify the Company of any unauthorized use of your account, or any other breach of security. Failure to do so may result in the Company taking appropriate actions, including but not limited to account suspension or termination, without any liability to you.

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39. Acceptable Use Policy

The Company may outline an acceptable use policy, describing prohibited activities, content, or behavior while using the Site and Services. Violation of the acceptable use policy may result in the termination of your account and access to the Services.

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40. Modification or Discontinuation of Services

The Company reserves the right, at its sole discretion, to modify, suspend, or discontinue any part of the Site, App, or Services at any time and for any reason, without prior notice to you. You expressly, unambiguously, and unequivocally acknowledge and agree that the Company shall not be liable to you or any third party for any such modification, suspension, or discontinuation of the Site, App, or Services.

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41. Feedback and Suggestions

Any feedback, suggestions, or ideas provided by users to the Company regarding the Site, App or Services may be used by the Company without any obligation or compensation to the user.

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42. No Agency or Partnership

These Terms do not create any agency, partnership, joint venture, employment, or franchise relationship between you and the Company.

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43. Amendments and Waivers

No amendment to or waiver of these Terms shall be effective unless in writing and signed by both parties.

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44. User Consent for Data Processing

By using the Site and Services, you expressly, unambiguously, and unequivocally consent to the processing of your personal data in accordance with the Company's Privacy Policy. You acknowledge that you have read, understood, and agree to be bound by the terms of the Privacy Policy, which is incorporated herein by reference.

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45. Cookies and Tracking Technologies

The Company may use cookies and tracking technologies on the Site. By using the Site, you agree to the use of cookies and tracking technologies as described in the Company's Cookie Policy.

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46. No Endorsement

Any mention of specific products, services, or providers on the Site, App or in Services is for informational purposes only and does not constitute an endorsement or recommendation by the Company. You expressly, unambiguously, and unequivocally acknowledge and understand that such mentions are not a guarantee of quality, performance, or suitability for your individual needs.

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47. User Acknowledgment

By accessing or using the Site, App, and Services, you expressly, unambiguously, and unequivocally acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety. Your use of the Site, App, and Services constitutes your acceptance of these Terms as they may be amended from time to time.