Terms of Service

Classifications of Terms and Conditions 
 

I. Terms of usage

Star Fertility Private Limited, (along with its subsidiaries and affiliates (hereinafter referred to as any of the following: “we”, “us”, “our”, “Companies” or “Ferty9”) is a company registered under the Companies Act, 2013, having its registered offices at: H. No. 10-3-162, 2nd Floor, NCL Pearl, SD Road, Secunderabad, Hyderabad, Telangana – 500026, India.  We are the publisher of the internet resource – https://www.ferty9.com, and all its sub-domains, on the world wide web as well as other software and applications, including but not limited to mobile applications (Collectively, “Computer Resources”), used by us, or which aide us, in any form, and/or manner for the lawful operation of our medical clinics that are engaged in the provision of infertility medical treatments i.e., in-vitro fertilization (“IVF”), intrauterine insemination (“IUI”) and other related, and/or ancillary fertility services.

All such Computer Resources, along with the provision of infertility medical treatments, i.e., IVF, IUI and other related, and/or ancillary fertility services at our medical clinics or otherwise, etc., which are visited, accessed, availed, or used by our customers (hereinafter referred to as any of the following: “you”, “your”, “user”, or “users”, and includes any relative, guardian, caretaker, or authorised representatives acting on behalf of you, or representing you) shall individual be referred to as “Service” and jointly as “Services”. Further, Ferty9, and you, shall hereinafter, where the context so permits, be referred to individually as “Party” and jointly as “Parties”.

These terms and conditions, along with our Privacy Policy, available at the link https://www.ferty9.com/pp/ (as amended from time to time), together shall constitute a legal agreement between you and Ferty9, in connection with you availing our Services (Collectively, “Terms of Services”). Terms of Services shall be applicable to all Services made available by us at our premises, including through the internet resource, https://www.ferty9.com, and all its sub-domains, on the world wide web as well as other software and applications, including but not limited to mobile applications, as may be used from time to time by us, in connection with our Services.

These Terms of Services describe our relationship with you and will be subject to the rules, guidelines, policies, terms, and conditions applicable to any specific Service that is provided by us, and they shall be deemed to be incorporated into these Terms of Services and shall be considered as part and parcel of this Terms of Services.

Please take a moment to familiarize yourself with our Terms of Services before you proceed further to use our Services.

II. Consent Disclaimer

The Terms of Services applies to all users of our Services (whether present or past) of our Services. By using our Services, whether through Computer Resources, or at our medical clinics, with or without the aide of Computer Resources, you agree to be bound by the provisions of our Terms of Services, by such usage, If you are using our Services on behalf of someone else, or an entity, you shall at all times represent, that you are duly authorised by such person, or entity to enter into and accept and be bound by the terms of these Terms of Services.

You understand and agree that Ferty9 will treat your use of the Services as an express acceptance of these Terms of Services from such point of use.

Opt-out: If you do not agree or wish to be bound by the terms of Privacy Policy, please stop using our Services immediately.

III. Disclaimer

The Services provided by Ferty9 is provided on an “as available” and “as is” basis, and without any warranties or conditions.

We display on our website: www.ferty9.com, relevant information regarding the profile of our practitioners, which may include their qualifications, specialisation, and other similar details for your perusal and convenience. We may also, from time to time, publish suggestions, guidance, and other such related material through, or on our Computer Resources, however, such information shall not be construed to create a professional and patient relationship, between Ferty9 and you. It is hereby clarified that, such information would not constitute as a medical, or professional advice or a substitute for such advice. Please do not act on the basis of any statement contained therein, without seeking professional medical advice.

We do take reasonable efforts to ensure that such information is updated from time to time, however, we do not warrant that any content or information provided through our Computer Resources is accurate, correct, complete or up-to-date, and hereby disclaim any and all liability to any person for any actual or threatened loss or damage caused by errors or omissions, whether such errors or omissions result from negligence, accident or otherwise. We shall assume no liability for the interpretation and/or use of the content and/or information contained on our Computer Resources, nor does it offer any warranty of any kind, either expressed or implied in relation to such content or information.

IV. Ownership of Intellectual Property

All rights in and in relation to all intellectual property rights subsisting in the products, processes, etc., manufactured, developed, being developed and/or proposed to be developed by Ferty9, including all patents, patent applications, moral rights, trademarks, trade names, service marks, service names, brand names, internet domain names and sub-domains, inventions, processes, formulae, copyrights, business and product names, logos, slogans, trade secrets, industrial models, designs, methodologies, technical information, manufacturing, engineering and technical drawings, databases, knowledge, formulas, formulations, recipes, know-how, all pending applications for and registrations of patents, entity models, trademarks, service marks, copyrights, designs and internet domain names and sub-domains and all other intellectual property or similar proprietary rights of whatever nature (whether registered or not and including applications to register or rights to apply for registration) in each case anywhere in the world (Collectively, “Intellectual Property”), are held by Ferty9, and such Intellectual Property shall not be copied, modified, reproduced, republished, uploaded, transmitted, posted or distributed in any form or manner without prior written permission of Ferty9. Any unauthorized use of our Intellectual Property could result in criminal or civil penalties.

V. Termination of Terms of Services

We reserve the right, in our sole and absolute discretion, to suspend or terminate your use of our Services, without notice and without liability to your or any third party, for any reason, including violation of our Terms of Services. Upon such termination, you hereby agree to stop using our Services immediately.

VI. Indemnity

You agree to indemnify, defend and hold harmless, us, our affiliates, officers, directors, agents, and employees from and against any and all complaints, demands, claims, damage, losses, costs, liabilities, and expenses, including attorney’s fees, due to, arising out of, or relating in any way, and without limiting of the foregoing, to: (i) your breach of the Terms of Services, and/or our Privacy Policy; (ii) your access, whether improper, or otherwise, to or use of our Services; and (iii) your breach of any applicable laws or third-party rights.

VII. Limitation of liability

In no manner shall Ferty9 be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special or punitive damages, including damages for loss of use, data or profits (whether incurred directly or indirectly), any loss of goodwill or business reputation, or any other intangible losses, even if you are any third party have been advised of the possibility of such damages.

Notwithstanding anything to the contrary contained herein, Ferty9’s liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Ferty9 in relation to availing our Services. The foregoing limitation of liability shall apply to the fullest extent permitted by law.  You also agree to consent and acknowledge that Ferty9 shall not be liable for any defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.  

VIII. Governing Law and Exclusive Jurisdiction

The Terms of Services and the relationship between the Parties shall be governed by, and interpreted in accordance with the laws of India. You agree that any legal action or proceeding arising out of the above may be brought exclusively in the competent courts having jurisdiction in Hyderabad, Telangana, India, and you further and irrevocably submit to the jurisdiction of such courts.

IX. Severability

Each and every obligation under these Terms of Services shall be treated as a separate obligation and shall be severally enforceable as such in the event of any obligation or obligations being or becoming unenforceable in whole or in part. To the extent that any provision or provisions of these Terms of Services are declared invalid by a court of competent jurisdiction, they shall be deemed to be deleted from these Terms of Services and any such deletion shall not affect the enforceability of the remainder of these Terms of Services not so deleted, provided the fundamental terms of this Terms of Services are not altered.

X. Waiver and Assignment

The failure of Ferty9, or delay in exercising or enforcing any right or provision of these Terms of Services shall not constitute a waiver of such right or provision, and no single or partial exercise of any right under these Terms of Services, shall prevent any further exercise of the right or remedy or the exercise of any other right or remedy under the applicable law or equity.

Any rights or licenses granted to you in accordance with these Terms of Services, shall not be transferred or assigned by you. However, we may assign, in whole or in part, the benefits or obligations of these Terms of Services.

XI. Miscellaneous Provisions

The heading references herein are for convenience purposes only and shall not affect the construction or interpretation of any provision of these Terms of Services.

Reference to the word “include” or “including” shall be construed without limitation.

Should you require any further information with respect to our Terms of Services, you may communicate such requests at info@ferty9.com