Terms of service 

Terms & Conditions of Use and Sale 

Please carefully review these Terms & Conditions of Use and Sale ("Terms & Conditions") before accessing the Kayna Healthcare website via any link, application, or media platform ("Website"). These terms govern your website usage, including content such as text, data, information, software, graphics, audio, video, or images ("Materials") provided by Kayna Healthcare and/or its subsidiaries or affiliates on the Website, as well as any services offered through the Website or otherwise. If you disagree with any of the Terms & Conditions below, please refrain from using the Website or engaging in transactions via the Website. 

Acceptance 

This document constitutes an electronic record under the Information Technology Act, 2000, and the associated rules, as applicable and amended from time to time, concerning electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. 

Introduction 

By using the website, you are considered to have accepted the following Terms and Conditions. Your use of the Website signifies your consent to receive calls and messages, including marketing and promotional calls and messages, auto-dialed and/or pre-recorded messages, from Kayna Healthcare at any time, using the telephone number or contact information provided by you. You unconditionally consent that such communications via SMS, WhatsApp, and/or voice calls are: (a) upon your request and authorization, (b) 'transactional' and not 'unsolicited commercial communication' as per the guidelines of the Telecom Regulation Authority of India (TRAI), and (c) in compliance with the relevant guidelines of TRAI or such other authority in India and abroad. 
 

Scope of Kayna Healthcare Website 

The website operates as a technology-driven platform through which Kayna Healthcare sells its products ("Products") on a non-exclusive and principal-to-principal basis. Therefore, the sale of Products by Kayna Healthcare to you is subject to these Terms and Conditions. Kayna Healthcare reserves the sole and absolute discretion to refuse, suspend, or terminate the sale of any Products to any person as it deems appropriate. 

 

Your Account and Placing Orders 

All products and information presented on the website are considered an "invitation to order." Your purchase order constitutes your "order," which is subject to written acceptance by Kayna Healthcare and these Terms and Conditions. If you have provided your email address to Kayna Healthcare, the company may promptly notify you via email to acknowledge the receipt of your order. Additionally, Kayna Healthcare will email you to confirm order details and subsequently process the order. 

 

User Eligibility 

The use of the website is exclusively available to duly constituted legal entities or adult individuals with the capacity to contract under prevailing Indian laws. Individuals considered "incompetent to contract" as defined by the Indian Contract Act of 1872, are not eligible to use the website. If you are under 18 years of age, your parents or legal guardians, if registered users, may transact on your behalf. Kayna Healthcare reserves the right to terminate your membership and deny access to the website if it determines that you are under 18 years old. The website is also inaccessible to individuals whose memberships have been suspended or terminated by Kayna Healthcare for any reason. If you are registering on behalf of a business entity, you affirm that you have the authority to bind the entity to these Terms and Conditions. 
 

Account and Registration Obligations 

"Your Information" refers to any data you provide to Kayna Healthcare during registration, the purchasing process, in the feedback section, or through any email communication. Kayna Healthcare will safeguard your information by our Privacy Policy. When using the website, it's your responsibility to maintain the confidentiality of your account and password and to limit access to your computer. You agree to take responsibility for all activities conducted under your account or password. Kayna Healthcare is not liable for any loss or damage resulting from your failure to secure your password or account. If you suspect that someone else knows your password, promptly contact Kayna Healthcare through the customer care email ID. If Kayna Healthcare suspects a security breach or misuse of the Website, it may require you to change your password or suspend your account without liability. 

You also commit to providing accurate, up-to-date, and complete information about yourself as requested in Kayna Healthcare's registration form. If Kayna Healthcare has reasonable grounds to suspect that your information is untrue, inaccurate, or not current, it reserves the right to indefinitely suspend or terminate your registration and deny you access to the Website. 

 

Fees and Services 

Registration on the Website is free. Browsing the Website incurs no charges. Kayna Healthcare may, at its sole discretion, introduce new products and modify existing ones. In such cases, Kayna Healthcare may introduce fees for new products or amend/introduce fees for existing Products, with changes posted on the website becoming effective immediately upon posting. 
 

 Our Products 

All Products offered by Kayna Healthcare are described and depicted as accurately as possible and in good faith. Despite our precautions, Kayna Healthcare cannot be held liable for potential errors, and you acknowledge that the delivered Product(s) may differ from the one displayed on the website. The Products available on the Website, along with any samples provided, are intended for personal and/or professional use only. Products or samples received from Kayna Healthcare should not be sold or resold for any commercial purposes. 

Please note that Kayna Healthcare is not responsible for any side effects that may arise from the use of purchased or received products. You should carefully read the individual terms and conditions related to the products and use them at your own risk. 

The products are not intended to diagnose, cure, treat, or prevent any diseases. 
 

Pricing Information 

While Kayna Healthcare endeavors to maintain accurate product and pricing details, errors in pricing or typographical errors may occur. The actual price of a product can only be confirmed once the order is accepted. If a Product is listed at an incorrect price or with incorrect information due to pricing or Product information errors, Kayna Healthcare, at its sole discretion, reserves the right to decline or cancel any orders for that product, unless the Product has already been dispatched. In the event of a mispriced item, Kayna Healthcare may, at its discretion, contact you for instructions or cancel your order and inform you of the cancellation. Unless the Product has been dispatched, your offer will not be considered accepted, and Kayna Healthcare may adjust the product's price, contact you for further instructions via the provided email address during registration, or cancel the order and inform you accordingly. If Kayna Healthcare must cancel the order after processing the payment, the amount will be refunded to you. 

 

Payment Process 

Payments for the Products available on the website can be made using various payment modes provided on the website. 

 

Fraudulent or Declined Transactions 

Kayna Healthcare reserves the right to recover all expenses incurred due to fraudulent use of the Website, including but not limited to product costs, collection charges, cancellation charges, delivery charges, and legal fees. Kayna Healthcare also reserves the right to initiate legal action against individuals engaged in fraudulent use of the website or any other unlawful acts that breach these Terms and Conditions. 

 

Your Agreement and Undertaking: 

In case of non-delivery of Products related to an order accepted by Kayna Healthcare due to reasons attributable to you (e.g., incorrect name or address), any additional costs incurred by Kayna Healthcare for redelivery or cancellation will be your responsibility and must be paid to Kayna Healthcare. 

You will use the Products provided by Kayna Healthcare exclusively for lawful purposes. 

You will provide authentic and accurate information whenever requested. Kayna Healthcare reserves the right to verify the information and details you provide at any time. 

You access the services on this website and engage in transactions at your own risk, using your best judgment before entering into any transaction through this website. 

Before placing an order, you will carefully review the Product description. By ordering a Product, you agree to be bound by the conditions of sale outlined in the item's description. 

 

Prohibited Use of the Website: 

Unauthorized access to computer systems. 

Interfering with others' use of the Website. 

Violating applicable laws. 

Disrupting networks or websites connected to the Website. 

Making, transmitting, or storing electronic copies of copyrighted materials without permission. 

 

User Submissions: 

Certain sections of the Website allow you to submit feedback, information, data, text, messages, or other materials (called "User Submissions"). By submitting a User Submission, you grant Kayna Healthcare an irrevocable, worldwide, non-exclusive license to use, distribute, reproduce, modify, adapt, publish, display, and perform your User Submissions in any format or medium, now known or developed later. This includes using your User Submission for commercial purposes, incorporating it into products or services, and displaying advertisements alongside User Submissions. 

Kayna Healthcare may pre-screen User Submissions but is not obliged to. You are responsible for all your User Submissions, and Kayna Healthcare can remove or refuse any User Submissions at its discretion. User Submissions are not confidential, and Kayna Healthcare can disclose them to third parties without confidentiality obligations. Kayna Healthcare does not guarantee your ability to edit or delete User Submissions. 

 

By submitting any User Submission, you make the following representations and warranties: 

Ownership or Necessary Rights: You either own all rights to your User Submissions, including rights to any audio, video, or digital recordings and performances within them, or you have acquired all required rights to grant Kayna Healthcare the described rights. 

Payment Obligations: You have paid or will pay all necessary license fees, clearance fees, and any other financial obligations related to the use or commercial exploitation of your User Submissions. 

No Infringement: Your User Submissions do not infringe upon the copyright, trademark, patent, trade secret, or any other intellectual property rights, privacy rights, or legal/moral rights of any third party. 

Waiver of Moral Rights: You voluntarily waive any "moral rights" you may have in your User Submission. 

Accuracy: All information in your User Submission is accurate, and you do not knowingly include false, inaccurate, or misleading information. 

 Legal Compliance: Your User Submission complies with all applicable laws. 

 Non-Offensive Content: Your User Submission is not defamatory, libelous, hateful, racially, ethnically, religiously, or otherwise biased or offensive. It is not unlawfully threatening or harassing, vulgar, pornographic, obscene, or invasive of others' privacy. 

No Third-Party Compensation: You have not received and will not receive compensation or consideration from any third party for your User Submission. 

No Third-Party Materials: Your User Submission does not incorporate materials from third-party websites or include addresses, email addresses, contact information, or phone numbers, except for your own. 

Free from Harmful Software: Your User Submission does not contain viruses, worms, spyware, adware, or other potentially damaging programs or files. 

Non-Confidential Information: Your User Submission does not contain confidential, proprietary, or personal information. 

No Unauthorized Solicitation: Your User Submission does not constitute unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation. 

 

Copyright & Trademark 

Kayna Healthcare asserts its exclusive intellectual property rights over all materials, including text, photographs, images, illustrations, designs, icons, programs, video clips, products, processes, technology, content, and any other materials displayed on this website. Accessing this website does not grant, nor should it be considered as granting, any license under the intellectual property rights of Kayna Healthcare or any third party. All rights, including copyrights, related to this website are either owned by Kayna Healthcare or licensed to it. Any use of this website or its contents, except for personal, non-commercial use, is strictly prohibited without the prior written permission of Kayna Healthcare. You may not alter, distribute, or repost any content from this website for any purpose. The compilation, which includes the collection, arrangement, and assembly of all content on this website, is the exclusive property of Kayna Healthcare and is protected by Indian and International copyright laws. 

The names, logos, product and service names, design marks, and slogans associated with Kayna Healthcare are trademarks or service marks owned by Kayna Healthcare. The use of these trademarks or service marks is not permitted in connection with the materials found on this website, and access to this website does not grant any right to use these trademarks, names, logos, or marks in any manner. 
 

 Procedure to make claims of infringement 

Kayna Healthcare respects the intellectual property rights of others. Therefore, Kayna Healthcare has established a policy to address copyright violations. This policy includes removing User Submissions that infringe on copyright laws, suspending access to the website for users who violate copyright laws, and potentially terminating the accounts of users who repeatedly violate copyright laws.  

If you believe that your copyright or other intellectual property rights are being infringed by a user of this Website, please send a written notice to the following designated Kayna Healthcare officer: 

Attention: kaynahealthcareofficial@gmail.com 
 

Your written notice should include the following: 

Your physical or electronic signature. 

Identification of the copyrighted work or other intellectual property that is allegedly being infringed. 

Sufficient details to locate the allegedly infringing material on the Website. 

Adequate contact information for Kayna Healthcare to reach you, including your postal address, telephone number, and email address. 

A statement indicating your good faith belief that the use of the copyrighted material or other intellectual property is not authorized by the owner, their agent, or the law. 

A statement affirming the accuracy of the information in your written notice. 

A statement, made under penalty of perjury, that you are authorized to act on behalf of the owner of the copyright or other intellectual property rights. 

Please refrain from sending unrelated notices or inquiries to Kayna Healthcare's designated agent, as they will be disregarded upon receipt. 

 
 

Disclaimers & Limitation of Liability 

The website and the products are provided "AS IS" and "WITH ALL FAULTS" without any warranties or guarantees. You must bear the risks associated with using the website and the products. While Kayna Healthcare aims to ensure that the material on the website is correct, reputable, and of high quality, it cannot be held responsible if this is not the case. Kayna Healthcare will not be liable for any errors or omissions or for any technical problems you may encounter on the website. 

You understand and agree that any material or data downloaded or obtained through the website is done entirely at your discretion and risk, and you are solely responsible for any damage to your computer systems or loss of data resulting from the download of such material or data. Kayna Healthcare shall not be liable for any errors or omissions in any information provided to you, whether on behalf of itself or third parties. 

Kayna Healthcare shall not be liable for any indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses arising out of or in connection with the website, its services, its products, and/or these Terms and Conditions. 

Regardless of anything contained in these Terms and Conditions or any other agreement between you and Kayna Healthcare, the total, aggregate, and cumulative liability of Kayna Healthcare to you for all liabilities arising out of these Terms and Conditions or in terms of tort or contract or otherwise, howsoever arising, is limited to the value of the product ordered by you. 

Kayna Healthcare makes no representations or warranties about the accuracy, reliability, completeness, and/or timeliness of any content, information, software, text, graphics, links, or communications provided on or through the use of the Website or that the operation of the website will be error-free and/or uninterrupted. Consequently, Kayna Healthcare assumes no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with the use of the website, and/or any interruption or errors in the operation of the website. 

 

Force Majeure 

In the event Kayna Healthcare is prevented, in whole or in material part, from performing its obligations under these Terms and Conditions solely as a result of force majeure, Kayna Healthcare will promptly notify you detailing such force majeure event and its anticipated duration. The obligations of Kayna Healthcare so prevented shall be excused during such period of delay, and Kayna Healthcare shall take whatever reasonable steps are necessary to relieve the effect of such cause as rapidly as possible. 

 

Website Security 

You are prohibited from violating or attempting to violate the security of the website, including, without limitation: (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any other user, host, or network, including, without limitation, via means of submitting a virus to the Website, overloading, "flooding," "spamming," "mail bombing," or "crashing;" or (d) sending unsolicited email, including promotions and/or advertising of products or services. Violations of system or network security may result in civil and/or criminal liability.  

 Kayna Healthcare will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of this website or any activity being conducted on this website. 

 
Electronic Communications 

 When you visit the website or send emails to Kayna Healthcare, you are communicating with Kayna Healthcare electronically. You consent to receive communications from Kayna Healthcare electronically. Kayna Healthcare will communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. 

 

Modification of User Agreement 

Kayna Healthcare may, at any time, modify these Terms and Conditions without any prior notification from you. After modifying these Terms and Conditions, Kayna Healthcare will inform you of the modifications via email at the address provided by you during registration on the website. You can access the latest version of these Terms and Conditions at any time on the website. You should regularly review these Terms and Conditions of Kayna Healthcare. If the modified Terms and Conditions are not acceptable to you, you should discontinue using the service. However, if you continue to use the services, you shall be deemed to have agreed to accept and abide by the modified Terms and Conditions. 

 

Governing Law and Jurisdiction 

These Terms and Conditions shall be construed by the applicable laws of India. The Courts at Mumbai, Maharashtra shall have exclusive jurisdiction over any proceedings arising out of the use of the website and these Terms and Conditions. Any dispute or difference, either in interpretation or otherwise, of any terms and Conditions mentioned herein between the parties hereto shall be referred to an independent arbitrator who will be appointed by Kayna Healthcare, and their decision shall be final and binding on the parties hereto. This arbitration shall be by the Arbitration and Conciliation Act, 1996, as amended from time to time. Either Party shall be entitled to apply to the competent courts for interim or interlocutory relief in respect of such arbitration. The arbitration shall be held in Mumbai. 

Indemnity 

You agree to defend, indemnify, and hold harmless Kayna Healthcare, its employees, executives, directors, officers, agents, and their successors and assigns from and against any claims, liabilities, damages, losses, costs, and expenses, including attorney's fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to Kayna Healthcare or any third party, including but not limited to the breach of any warranties, representations, or undertakings or about the non-fulfillment of any of your obligations under these Terms and Conditions or arising out of your violation of any applicable laws, regulations, including but not limited to intellectual property rights, payment of statutory dues and taxes, fraudulent transactions, or other rights. This clause shall survive the expiry or termination of these Terms and Conditions. 

 

Termination 

These Terms and Conditions are effective until and unless terminated by either you or Kayna Healthcare. You may terminate these Terms and Conditions at any time by discontinuing any further use of this website. Kayna Healthcare may terminate these Terms and Conditions at any time and may do so immediately without notice, thereby denying you access to the website. Such termination will be without any liability to Kayna Healthcare. Upon any termination of these Terms and Conditions by either you or Kayna Healthcare, you must promptly destroy all materials downloaded or otherwise obtained from this website, as well as all copies of such materials, whether made under these Terms and Conditions or otherwise. Any such termination of these Terms and Conditions shall not cancel your obligation to pay for the product already ordered from the Website or affect any liability that may have arisen under these Terms and Conditions. 

Entire Agreement 

Except where additional terms and conditions are provided that are product-specific, these Terms and Conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order submitted. By using the services of Kayna Healthcare, you agree to be bound by the Terms and Conditions mentioned herein. 

Severability 

If any part of this agreement is determined to be invalid or unenforceable under applicable law, including, but not limited to, the liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the agreement shall continue in effect. 

General 

Kayna Healthcare shall neither be liable to the other nor shall be in default if, and to the extent that, the performance or delay in performance of any of its obligations under these Terms and Conditions is prevented, restricted, delayed, or interfered with due to circumstances beyond the reasonable control of Kayna Healthcare or any force majeure event. These Terms and Conditions and the relationship between you and Kayna Healthcare shall be governed by the laws of India as applied to agreements made, entered, and performed entirely in India, notwithstanding your actual place of residence. The failure of Kayna Healthcare to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions of Kayna Healthcare and you as reflected in the provision, and that the other provisions of these Terms and Conditions remain in full force and effect. The Clause titles in these Terms and Conditions are for convenience only and have no legal or contractual effect. These Terms and Conditions shall remain in full force and effect notwithstanding any termination of your use of the website. These Terms and Conditions will be interpreted without the application of any strict construction in favor of or against you or Kayna Healthcare. These Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by Kayna Healthcare without restriction.