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TERMS AND CONDITIONS
This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to 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. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use with respect to the pre-screening questionnaire sent as part of the appointment process with respect to your booking of AI health screening at M/s. Nura located at #376, 100 Feet Rd, Indiranagar, HAL 2nd Stage,Bengaluru,Karnataka- 560038, India
The pre-screening questionnaire is governed by the following terms and conditions (“Terms of Use”) as applicable including the applicable policies which are incorporated herein by way of reference.
By filling the details in pre-screening questionnaire, You shall be contracting with M/s. Nura, these terms and conditions including the policies constitute your binding obligations, with M/s. Nura.
For this purpose, “You” shall mean any natural person while filling the pre-screening questionnaire
For this purpose, the term “we”, “us”, “our” shall mean the M/s. Nura
Pre-Screening Questionnaire
M/s. Nura is an intermediary and provides a pre-screening questionnaire as part of the appointment process with respect to your booking in relation to the AI- health screening at M/s. Nura, # 376, 100 Feet Rd, Indiranagar, HAL 2nd Stage, Bengaluru, Karnataka- 560038, India
TERMS OF USE
You agree, undertake and confirm that your use of pre- screening questionnaire shall be strictly governed by the following binding principles: You hereby undertake and agree not to use the pre-screening questionnaire for
(a) harassing or advocating harassment of another person; (b) transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming” (c) promoting illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (d) transmitting, sharing, uploading links of any software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information
Policy for Non- Hosting, Non- Storage, Non- Publication of Unlawful Information- Information Technology(Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021- Part II- Rule 3 (1) (b) – Due Diligenceby Intermediary
M/s. Nura as an Intermediary herein informs You that it shall not host, display, upload, modify, publish, transmit, store, update or share any information that
(i) belongs to another person and to which the user does not have any right; (ii) is defamatory, obscene, pornographic, paedophilic, invasive of another’s privacy, including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force; (iii) is harmful to child; (iv) infringes any patent, trademark, copyright or other proprietary rights; (v) violates any law for the time being in force; (vi) deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact; (vii) impersonates another person; (viii) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting other nation; (ix) contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource; (x) is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person
Policy for Non- Deployment of Technical Configuration of Computer Resource- Information Technology(Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 – Due Diligence by Intermediary
Rule 3(k)- Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules,2021
M/s. Nura as an intermediary shall not knowingly deploy or install or modify technical configuration of its computer resource – pre-screening questionnaire or become party to act that may change or has the potential to change the normal course of operation of its computer resource – pre-screening questionnaire than what it is supposed to perform thereby circumventing any law for the time being in force.
Further, M/s. Nura may develop, produce, distribute or employ technological means for the purpose of performing the acts of securing its computer resource – pre- screening questionnaire and information contained therein;
Policy for Voluntary Removal of Information or Disabling of Access- Rule 3 (d)- (Information Technology(Intermediary Guidelines and Digital Media Ethics Code) 2021– Due Diligence by Intermediary
M/s. Nura shall remove or disable access to any information, data, communication link as specified in Policy for Non- Hosting, Non- Storage, Non- Publication of Unlawful Information- Information Technology(Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021- Part II- Rule 3 (1) (b) – Due Diligenceby Intermediary on voluntary basis or on the basis of any grievances received thereof
Policy for Reporting Cyber Security Incidents- Rule 3 (l) (Information Technology (Intermediary Guidelines and Digital Media Ethics Code) 2021– Due Diligence by Intermediary
M/s. Nura shall report Cyber Security Incidents and share related information with the Indian Computer Response Team in accordance with the Policies and Procedures as mentioned in Information Technology (The Indian Computer Emergency Response Team and Manner of Performing Functions and Duties) Rules, 2013.
Policy for Assistance to Government Agencies- Rule 3 (j) (Information Technology (Intermediary Guidelines and Digital Media Ethics Code) 2021– Due Diligence by Intermediary
M/s. Nura shall as soon as possible but not later than seventy-two hours of the receipt of an order, provide information under its control or possession, or assistance to the Government Agency which is lawfully authorised for investigative or protective or cyber securities activities, for the purposes of verification of identity, or for the prevention, detection, investigation, or prosecution, of offences under any law for the time being in force, or for cyber security incidents, however, such order shall be in writing clearly stating the purpose of seeking information or assistance, as the case may be.
PROHIBITED USE
1. You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of prescreening questionnaire or its link or any Content, or in any way reproduce or circumvent the navigational structure or presentation of pre-screening questionnaire or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through pre-screening questionnaire .We reserve our right to bar any such activity. 2. You shall not attempt to gain unauthorized access to any portion or feature of pre-screening questionnaire or any other systems or networks connected to pre-screening questionnaire or to any server, computer, network, or through pre-screening questionnaire by hacking, password “mining” or any other illegitimate means. 3. You shall not probe, scan or test the vulnerability of pre-screening questionnaire or its link or any network connected to pre-screening questionnaire nor breach the security or authentication measures on pre-screening questionnaire or any network connected to pre-screening questionnaire. You may not reverse look-up, trace or exploit pre-screening questionnaire 4. You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about us or the brand name, domain name used by us including the terms, M/s. Nura or otherwise engage in any conduct or action that might tarnish the image or reputation of M/s. Nura or otherwise tarnish or dilute any trade or service marks, trade name and/or goodwill, M/s. Nura. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of pre-screening questionnaire or its link’s systems or networks, or any systems or networks connected to the pre-screening questionnaire or its link 5. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the pre-screening questionnaire or its link 6. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal, You send to us on or through the pre-screening questionnaire or its link. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity. 7. You may not use the pre-screening questionnaire or its link or any content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of M/s. Nura and/ others 8. You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act,2000 and rules there under as applicable and as amended from time to time and also all applicable laws, rules and regulations 9. You may not transmit any chain letters or unsolicited commercial or junk email via the pre-screening questionnaire or its link 10. You shall not reverse engineer the pre-screening questionnaire and/its link in whatsoever manner
The graphics, interfaces, visual interfaces, technology, software with respect to the pre-screening questionnaire shall be solely owned by M/s. Nura
Further, the trademarks relating to the brand name, logo of Nura displayed in the email containing the pre-screening questionnaire shall be the sole property of M/s. Nura.
GENERAL OBLIGATIONS
PRIVACY
We view protection of Your privacy as a very important principle. We understand clearly that You and Your Sensitive Personal Information is one of our most important assets. We store and process Your Sensitive Personal Information including any sensitive financial information collected (as defined under the Information Technology Act, 2000), if any, on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act 2000 and Rules there under. Our Privacy Policy is available for more details.
LEGAL DISCLAIMER
Pre-Screening Questionnaire and its links including all content, included on or otherwise made available to You thereof are provided on “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, we, M/s. Nura do not warrant that: –
i. Pre-Screening Questionnaire shall be constantly available,
M/s. Nura, we disclaim any damages, liabilities, loss, claims including ANY SPECIAL, INCIDENTAL, INDIRECT or CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION OR ARISING OUT OF the pre-screening questionnaire
REPORTS – TERMS & CONDITIONS
The AI Health Screening Reports shall be subject to the information you provide while filling the pre-screening questionnaire shared by us to you via email
OUR LIABILITY
We shall be liable for any technical and relative issue with regard to pre-screening questionnaire. However, we shall hold no liability for unforeseen circumstances, force majeure events and situations beyond our control
YOUR LIABILITY
• You shall be liable for all and all information provided by you upon while filling the pre-screening questionnaire
FORCE MAJEURE
In no event shall M/s. Nura be responsible for any failure to perform any services due to causes beyond its control,including but not limited to acts of God, war, and riot, acts of or military authorities, fire, floods or accident(s),pandemic & emergency situations etc.
INDEMNITY
You shall indemnify and hold harmless M/s. Nura, its directors, agents, and employees, from any claim or demand,or actions made by any third party or penalty imposed due to or arising out of Your breach of this Terms of Use,privacy Policy and other Policies, or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party
APPLICABLE LAW / JURISDICTION
Terms of Use shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be Bengaluru, Karnataka, India
LIMITATION OF LIABILITY
IN NO EVENT SHALL M/s. Nura BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THESE TERMS OF USE