Phable | Terms and Conditions

This document is an electronic record in terms of the Information Technology Act, 2000 and the roles framed thereunder. 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 Role 3(1) of the Information Technology (Intermediaries Guidelines) Roles, 2011, and Role 3(1) of Information Technology (Intermediary Guideline and Digital Media Ethic Code) Roles, 2021 that require publishing the roles and regulations, Privacy Policy and Terms of Use (the "Standard Terms") for access or usage of the https://www.phablecare.com/index.html website.

ACCESSING, BROWSING OR OTHERWISE USING THE PLATFORM (DEFINED HEREINAFTER) INDICATES YOUR ACCEPTANCE OF ALL THE TERMS AND CONDITIONS IN THESE TERMS OF USE. PLEASE READ THESE TERMS OF USE carefully BEFORE PROCEEDING. YOU DECLARE YOUR WILLINGNESS TO ABIDE AND BE BOUND BY THESE TERMS OF USE THROUGH YOUR USE OF THE PLATFORM. THESE TERMS OF USE WILL BE EFFECTIVE IMMEDIATELY UPON YOUR ACCEPTANCE OF OUR TERMS AND CONDITIONS. THESE TERMS OF USE SHALL BE ENFORCEABLE IN A THE SAME MANNER AS ANY OTHER WRITTEN AGREEMENT.

IF YOU DO NOT AGREE WITH THE TERMS OF USE, PLEASE DO NOT ACCESS THIS PLATFORM FOR ANY SERVICES.

Introduction
1. www.phablecare.com - Phable (hereinafter referred to as “Phable”, “Phable Care”, “Phable Application”, “Website” or the “Platform”, which term includes the website, sub-domains of the website, software, mobile application(s) or any other medium through which Phable may provide its services) is owned and operated by Terrals Technologies Pvt. Ltd., a company incorporated under the provisions of the (Indian) Companies Act, 2013 having its registered office at No. 2734, 1st Floor, 1st Sector HSR Layout, 16th Cross, 27th Main, Bangalore-560102.
2. Phable is an internet based service provider that provides a healthcare platform intended to be used by end users/Patients to connect with doctors/physicians/pharmacies/medical service providers (together and/or individually referred to as “MSP/s”). Phable may require Patients’ personal information, including sensitive personal information for collation, mapping and analysis, however, such information shall only be collected with consent from the patients/ end users themselves and shall only be shared with trusted third parties, such as doctors and hospitals, and shall not under any circumstances be sold or shared to any other third party.
3. For the purpose of this Terms of Use, wherever the context so requires, "You" or “Your” or "User" or “Patient(s)” shall mean any natural person or legal person (subject to prior written approval of Phable) of and/or above the age of 18 (eighteen) years and who has agreed to use the Platform, whether registered or not, including Users whose accounts will expire and/or stand expired. This excludes any natural person that is under 18 (eighteen) years old and/or any legal person/merchants/corporates/entities that do not have Phable’s prior written consent.
4. The terms "We", "Us", "Our" shall mean the Platform and/or Phable as the context may so require.
5. These Terms of Use, together with the Privacy Policy, Category Specific Terms and any other terms specifically referred to in any of those documents, constitute a legally binding agreement between You and Phable in relation to Your use of the Platform.
6. Acceptance of these terms is a prerequisite for usage of services in the Platform. By virtue of using these services, it is deemed that You accept all and any of the terms specified in the Standard Terms. This Standard Terms along with relevant Category Specific Terms (“Phable Terms”) constitutes the entire agreement between You and Phable and governs Your use of the Platform's Service, superseding any prior agreements between You and Phable.
Scope Of Service
1. Phable aims to be a world-class medical Internet of Things (“IoT”) device integrator that connects smart medical devices to enable trained MSPs to monitor Patients and Patients health on a real-time basis based on scientifically collected and mapped data. Phable integrates various devices used in hospitals with Patients medical devices on a single platform. The data collected from various sources is analysed using medical algorithms. This allows doctors to gain real-time insight on Patient’s adherence to prescriptions and enables them to provide better customised care to individual Patients. Patients also are able to keep track of their ailments and treatment which helps them avoid future complications. Patients cannot see data or details of any other person/Patient or User and can only use the Platform for personal, non-commercial usage. MSP/s can use the Platform to monitor and analyse variation in or discrepancies in different parameters of Patients/Users on a real – time basis in order to better judge the effectiveness of any treatment regime and Patients’ response to such treatment.
  The Platform does not provide medical advice and should not be construed as a mechanism for Patients to self-diagnose or self-medicate. The Platform only offers a service of data collection and analyses and is meant to be used by trained healthcare professionals for better management of Patient treatment regimes. The Platform and the contents thereof are not to be construed as providing any medical advice and is not a substitute for consultation with a MSP/s.
Access And Transmission Of Contents Of The Platform
1. The Platform may provide generic and general information to persons who casually visit/peruse the Platform. The Platform shall only provide its services to Users that register with the Platform. Phable has the right to refuse services to any merchants/corporates/entities that do not have Phable’s prior written consent.
2. Registered Users are Users:
  1. who have successfully registered themselves with Phable on the Platform by providing information that is true and accurate, and who can log on to their account on the Platform by providing their username and password (“Primary User”); or
  2. whose profile has successfully been created on the Platform under the account of a Primary User, by providing information that is true and accurate (“Secondary User”).
3. Phable strives to ensure the confidentiality and security of each personal profile of Registered Users. The personal profile created by such Users may require certain personal information, including sensitive personal information. Phable does not generate or provide any information on behalf of any User. The User is wholly responsible for accuracy and correctness of the information shared or uploaded by Patient and for the creation of an accurate profile. The User shall also be responsible for ensuring that the details of all medical devices used by him/her are correctly and accurately provided to the Platform.
4. Phable may collect, collate and organize data from different devices owned or used by the User and integrate the same into a collective document/page that may be viewed by the User as well as persons authorized by the User to have access to the integrated information/data, including all selected MSP/s.
5. No person without the express consent of the User shall have access to the content, data or personal information of a User. However, demographic data in respect of Users may be shared by Phable with its trusted third parties, business partners, affiliates or other entities.
6. Phable does not access Your personal information. Phable uses proprietary software and technology to remotely analyse data and present the same in a manner easily perceptible or comprehensible to natural persons and MSP/s.
7. You acknowledge and agree that Your personal data may be stored using cloud services or off-shore. Such data may be transmitted to secure local servers and/or to devices or individual persons who have been authorized by Phable or by the User to receive such information.
8. Your Use of the content of the Platform: All the content available for public access on this Platform is protected by copyright (“Content”). Your use of the Content must therefore adhere to the following terms:
  1. Downloading of any Content is unauthorised and/or prohibited unless express written consent is obtained from Phable to authorize such download.
  2. You shall not modify any Content You download or print from the Platform or make any additional representations or warranty relating to it. Any attempt to make such modification shall be treated as hacking.
  3. You may not make or share any Content item originating from the Platform available for public access by any means whatsoever without obtaining prior written permission from Phable.
  4. You may forward Internet URLs (uniform resource locators) to third parties for private, non-commercial use, along with brief extracts that do not violate fair use guidelines.
  5. If any person/entity is found crawling the website for any commercial, business or other purposes, the same shall amount to offense and Phable shall be entitled to take appropriate action and claim damages, if any, as against such person/entity.
  6. You may post, or otherwise make publicly available, excerpts from this Platform's Content items, in any publicly accessible forum, so long as they follow standard fair use guidelines and this Platform is cited alongside the excerpt as the original source with a hyperlink to this Platform.
  7. You may view, use, copy, and distribute the Content found on the Platforms for internal, non-commercial, informational purposes only.
  8. You are prohibited from data mining, scraping, crawling, or using any process or processes that send automated queries to Phable.
  9. You may not use the Platform to compile a collection of listings, including a competing listing product or service.
  10. You may not use the Platform or any Content for any unsolicited commercial e-mail.
  11. Except as authorized in this paragraph, You are not being granted a license under any copyright, trademark, patent or other intellectual property right in the materials or the products, services, processes or technology described therein.
  12. All such rights are retained by Phable, its subsidiaries, and/or any third party owner of such rights.
  13. You shall not incorporate any portion of the software/source codes into other programs or compile any portion of it in combination with other programs, or otherwise copy, modify, create derivative works of, distribute, assign any rights to, or license Phable software in whole or in part.
  14. All software, services and features used in the Website/Platform are the property of Phable or its software suppliers and are protected by applicable copyright laws.
  15. Users are responsible for all information and content uploaded or published by them.
  16. You are solely responsible for personal information and acknowledge that You shall not furnish any false or misleading information.
  17. You acknowledge that in the event that You have furnished any such false information, Phable shall have all rights to initiate appropriate legal action against You, including sharing Your sensitive personal information with jurisdictional or governmental authorities.
9. Feedback :
  1. You are solely responsible for the content of any transmissions You make to the platform and any materials/data/information You add to the Platform, including but not limited to transmissions like Your reviews, ratings and comments posted by You (the "feedback"). Phable does not endorse or accept any of Your feedback as representative of their (Phable’s) views. By transmitting any public feedback to the Website, You grant Phable an irrevocable, non-exclusive, worldwide, perpetual, unrestricted, royalty-free license (with the right to sublicense) to use, reproduce, distribute, publicly display, publicly perform, adapt, modify, edit, create derivative works from, incorporate into one or more compilations and reproduce and distribute such compilations, and otherwise exploit such feedback, in all Platforms now known or later developed.
  2. You confirm and warrant that You have the right to grant the aforementioned rights to Phable. You hereby waive and grant to Phable all rights including intellectual property rights and also moral rights in Your feedback, posted on the Platform.
  3. Phable is free to use all Your feedback as per its requirements from time to time.
  4. You represent and warrant that You own or otherwise control all of the rights to the content that You post as feedback; that the content is accurate; that use of the content You supply does not violate these PhableTerms and shall not cause injury to any person and/or entity. For removal of doubts it is clarified that, the reference to feedback would also mean to include the reviews, ratings and comments posted by Your acquaintance's tagged by You or who respond to Your feedback. Also, Phable reserves the right to mask or unmask Your identity in respect of the feedback posted by You.
  5. Phable has the right, but not the obligation to monitor and edit or remove any content posted by You as feedback. Phable cannot review all feedback made on its Platform. However, Phable reserves the right, but has no obligation, to monitor and edit, modify or delete any feedback (or portions thereof) which Phable in its sole discretion deems inappropriate, offensive or contrary to any Phable policy, or that violate the following terms. Phable reserves the right not to upload or distribute to, or otherwise publish through the site/s or forum/s any communication/content which:
    1. constitutes or contains false or misleading indications of origin or statements of fact;
    2. slanders, libels, defames, disparages, or otherwise violates the legal rights of Phable or any third party;
    3. causes injury of any kind to any person or entity;
    4. infringes or violates the intellectual property rights (including copyright, patent and trademark rights), contract rights, trade secrets, privacy or publicity rights or any other rights of any third party;
    5. violates any applicable laws, roles, or regulations;
    6. contains software viruses or any other malicious code designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
    7. impersonates another person or entity, or that collects or uses any information about Site visitors.
    8. It is also clarified that, if there are any issues or claims due to Your feedback, then Phable reserves the right to take appropriate legal action against You. Further, You shall indemnify and protect Phable against such claims or damages or any issues arising directly or indirectly due to Your posting of such feedback. Phable takes no responsibility and assumes no liability for any content posted by You or any third party on the Platform.
10. You further acknowledge that You are prohibited from breaching or attempting to breach the security of the Platform. You shall not under any circumstances view, download or share in any manner any personal information of any other User.
You shall not host, display, upload modify, publish, transmit, store, update or share any information that:
1. belongs to another person and to which the user does not have any right;
2. is defamatory, obscene, pornographic, paedophilic, invasive of other 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;
3. is harmful to child;
4. infringes any patent, trademark, copyright or other proprietary rights;
5. violates any law for the time being in force;
6. 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;
7. impersonates another person;
8. 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 cognisable offence or prevents investigation of any offence or is insulting other nation;
9. contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;
10. 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. Notwithstanding the above, Phable reserves the right to, in accordance with applicable law, remove the content published, shared, transmitted, stored or generated on the Platform by You in the event such content is found to be in violation of Clause 4 above.
Termination
Phable (as the context warrants) reserves the right to suspend or terminate services provided through the Platform and under this Terms of Use, with or without notice and to exercise any other remedy available under applicable law, in case of the occurrence of the following events:
1. You breach any terms and conditions of the this Terms of Use or contravenes applicable laws;
2. third-party reports violation of any of its rights as a result of Your use of the services and the Platform;
3. If You are not a natural person of or above 18 years of age.
Shipping Policy
1. We put our best efforts to deliver the product within 7-14 working days after it gets dispatched from the warehouse, depending upon the location of the shipment. However, under some unavoidable circumstances, Your order might take longer to be delivered. Phable shall not be liable for any delay in the shipment or delivery of the product. For further details please refer to relevant Category Specific Terms.
Cancellation Policy
1. Phable offers online payment and COD (cash on delivery) option only. You can contact Phable sales support at +91 74061 47147.
2. It is hereby clarified that, once the order is shipped, it cannot be canceled in transit and may only be canceled and returned once it is received by the customer on such terms and conditions as may be applicable for cancellation of the order in accordance with the Category Specific Terms.
3. All the rights to cancel any order without explanation are reserved with Phable, in cases where required circumstances could not be fulfilled. Phable Care will make sure that all the communication related to the cancellation of the order and refund of the amount will be done in a reasonable time duration.
Exchange, Return, Refund
1. The conditions under which the purchased product can be exchanged and/or returned shall be dependent on the Category Specific Term. If the conditions under the respective Category Specific Terms are met, You can return the purchase product by calling us at +91 74061 47147 (Working hours: Monday to Saturday, 9.00 am to 5.30 pm) or by sending us an email at support@phablecare.com.
2. We suggest You go through all product specifications, images, description, fit/size, etc. before purchasing any product. General reasons such as not liking the color, design, fit, etc. would not be considered for return.
3. If eligible for exchange and/or return as per Category Specific Terms, You shall ensure that the product should not be damaged, must be returned with complete accessories, original packaging and invoice. Phable reserves the right to investigate and run a quality check that the returned product is received in as-is condition.
4. In case, the returned product does not meet the aforementioned conditions, return and/or exchange shall not be accepted and will be returned back to You.
5. Kindly ensure that the returned product is securely packaged in original packaging to avoid any damage during transportation.
6. Shipping charges if any shall not be refundable.
7. Our customer care executive may call You to know the exact condition of the product.
8. Please note that our pick-up facility is available in selected locations only.
9. Post the quality check has been done on the returned product and the return is confirmed, refund will be processed through the online payment method within 10 working days from the date on which return was confirmed. Processing of the refund shall be at the sole discretion of Phable and shall be initiated only if Phable is satisfied that the returned product has a manufacturing defect or damage and is returned as per the terms of the return or exchange policy as mentioned hereinabove.
Payment Terms
1. The User shall make the payments to avail the services or to make purchases through the Platform through the third-party payment gateway made available on the Platform. Phable shall have no role to play in case of any dispute related to payments/refunds. It is expected that the User shall contact the third-party payment gateway and/or the bank for any payment related issues. The collection and usage of payment related information is governed by the policies of the payment gateway provider.
2. Phable Cash: The User can use the Phable Cash for making payments for purchase of service and products on the platform.The User can use the Phable Cash either by refilling the Phable wallet or by using the promotional Phable Cash provided by the Platform. Phable Cash offered through cashbacks can be redeemed for making payments towards various products or services offered for sale by relevant third party service providers in the following manner:
  1. The User shall be allowed to use the Phable Cash on the Platform for any category.
  2. The Phable Cash shall be used by the User within two months of the date of remittance of the cash to the User’s wallet.
  3. The User shall only be allowed to use the percentage of the Phable Cash mentioned under the Category Specific Terms while making payments for the purchase of products or services under specific categories.
  4. In the event any of the services/products are canceled or returned by the User and a refund is initiated, the Phable Cash used for purchase shall not be debited to the User account upon cancellation of service or return of product.
Privacy Policy
1. DO NOT SEND US OR UPLOAD ANY CONFIDENTIAL OR PROPRIETARY INFORMATION.
2. Except for any personally identifiable information that we agree to keep confidential as provided in our Privacy Policy, any material, including, but not limited to any service, feedback, data, answers, questions, comments, suggestions, ideas or the like, which You send to us will be treated as being non-confidential and non-proprietary. We assume no obligation to protect confidential or proprietary information (other than personally identifiable information) from disclosure and will be free to reproduce, use, and distribute the information to others without restriction. We will also be free to use any ideas, concepts, know-how or techniques contained in information that You send us for any purpose whatsoever including but not limited to developing, manufacturing and marketing products and services incorporating such information.
3. Phable is committed to protecting the privacy and confidentiality of any personal information that it may request and receive from its members, Users, clients, business partners and other users of the Website. To read our privacy policy statement, please refer to the Privacy Policy. Phable tries to ensure that sensitive personal information of Users is not shared with any third party, except for persons authorized by the User to receive such information.
Disclaimer Of Warranties
1. Your use of this Platform is at Your own risk. This Platform is provided by Phable on an "as is" and "as available" basis. To the full extent permissible by applicable law, the Platform disclaims all warranties, express or implied, including, but not limited to, implied warranties of accuracy, precision and correctness of information collected or provided by the Platform.
2. This Platform, makes no representations or warranties of any kind, express or implied, as to the operation of the Platform or the information, content, materials, or products on the Platform, including that:
  1. This Platform and its services will meet Your requirements.
  2. This Platform will be uninterrupted, timely, and secure or error free.
  3. The quality of any products, services, information or other material purchased or obtained by You though this Platform will meet Your expectations, be reliable or accurate, and
  4. Errors in the software will be corrected within reasonable time.
    1. Your sole remedy for dissatisfaction with this Platform, site-related services and/or Content or information contained within the site is to stop using the site and/or its services.
    2. Any material downloaded or otherwise obtained through the use of this Platform is done at Your own discretion and risk and You will be solely responsible for any damage to Your computer system or loss of data that results from the do.
Limitation Of Liability:
1. In no event shall Phable be liable to any User on account of such User's use, misuse or reliance on the Platform for any damages whatsoever, including direct, special, punitive, indirect, consequential or incidental damages or damages for loss of profits, revenue, use, or data whether brought in warranty, contract, intellectual property infringement, tort (including negligence) or other theory, even if Phable is aware of or has been advised of the possibility of such damage, arising out of or connected with the use (or inability to use) or performance of the Platform, the materials or the internet generally, or the use (or inability to use), reliance upon or performance of any material contained in or accessed from any platforms. Phable does not assume any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, apparatus, product or process disclosed on the platforms or other material accessible from the platforms.
2. The User of the Platform assumes all responsibility and risk for the Use of this Platform and the internet generally. The foregoing limitations shall apply notwithstanding any failure of the essential purpose of any limited remedy and to the fullest extent permitted under applicable law. Some countries do not allow the exclusion or limitation of liability of consequential or incidental damages, so the above exclusions may not apply to all users; in such countries liability is limited to the fullest extent permitted by law.
3. Phable cannot authenticate or verify any of the data collected from any device owned or used by any User. Phable shall bear no liability whatsoever for any misinformation or inaccurate information provided by any device owned or used by any User, whether or not such information is relied upon by Phable and/or any MSP’s. Phable shall not in any way be liable for any defect, flaw or deficiency in the device owned or used by any User or the data generated by such device.
4. Notwithstanding anything to the contrary in the Phable Terms, in no event shall the total aggregate liability of the Phable to a User for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from the terms and conditions or a User’s use of Phable Application exceed, in the aggregate, the amount of payment against services and/or products that has been directly received by Phable from the User for the order out of which the claim arose.
Advertisements
1. Phable reserves the right to advertise on the Platforms but does not endorse any services, persons or products as advertised. Users are advised to use their discretion with respect to the advertisements and should read all the terms and conditions relating to the product as provided by the manufacturer of the product before making such purchase through the Platform.
2. By using the Platform and/or registering yourself on the Platform You authorize us to contact You via email or phone call, Whatsapp or SMS and offer You our services, imparting product knowledge, offer promotional offers running on the Platform & offers offered by the associated third parties, for which reasons, personally identifiable information may be collected. And irrespective of the fact that you have registered yourself under DND or DNC or NCPR service, You still authorize us to give You a call from Phable for the above-mentioned purposes till 365 days of Your registration with Phable.
Indemnity
1. You agree to indemnify, defend and hold Phable, its licensee/s, subsidiaries, successors, assigns and their respective office affiliates, agents, directors, officers, employees and shareholders harmless from all claims, damages, loses, costs and expenses (including reasonable attorney's fees) made by any third party arising out of and/or resulting from (a) any violation by You of the Phable Terms and/or any other related terms; (b) any activity related to Your account, be it by You or by any other person accessing Your account with or without Your consent unless such activity was caused by the act or default of Phable; (c) content / feedback generated by you, your use of this Platform, your connection to this Platform, your violation of the development, operation, maintenance, use and Contents. Notwithstanding anything contrary contained elsewhere under the Phable Terms and without prejudice to other legal remedies available, Phable shall be entitled to claim appropriate sum towards damages and compensation from You and other responsible parties in case loss of profit due to fraud.
Miscellaneous
1. Third Party Services:
  1. While using the Website/Platform, You may also be using the services of one or more third parties, such as a wireless carrier or a mobile software provider. Your use of these third party services may be subject to the separate policies, conditions of use, service terms and fees of these third parties.
  2. You shall be solely responsible for Your mode of accessing the Website and such access may involve third party fees including airtime charges or internet service provider(s)’ charges, etc., which shall be exclusively borne by You.
2. Change in Terms of Use: This Platform reserves the right to update, change, modify, add or remove the terms, conditions and notices of the Phable Terms without any prior notice to You. It is Your responsibility to periodically review the most current version of the Standard Terms as Your continued use of this Platform signifies Your acceptance of any changed terms. As long as You comply with the terms included under this Terms of Use, we grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Platform.
3. Monitoring of Materials Transmitted by You: Changes may be periodically incorporated into the Platform. Phable may make improvements and/or changes in the products, services and/or programs described in the Platform without any prior notice. We are under no obligation to monitor the material hosted or published on or transmitted to the Platform. However, anyone using the Platform agrees that Phable may monitor the Platform’s contents periodically to (1) comply with any necessary laws, regulations or other governmental requests; (2) to operate the Platforms properly or to protect itself and its users. Phable reserves the right to modify, reject or eliminate any material residing on or transmitted to its Platform that it, in its sole discretion, believes is unacceptable or in violation of the law or these Terms of Use.
4. Deletions from Service: Phable may delete any materials or content at the request of the user who submitted such material or content or at the request of a retailer/manufacturer/owner who has decided to ‘opt-out’ of the addition of materials or content to its advertising, including, but not limited to ratings and reviews provided by third parties. Phable reserves the right to delete (or to refuse to post to public forums) any material, information or content it deems detrimental to the system or is, or which may be, in the opinion of Phable, defamatory, infringing or violating applicable law. Materials submitted to the Website for publication may be edited for length, clarity and/or consistency with Phable's editorial standards
5. Notices: All notices, demands and other communications between You and Phable must be in writing and will be deemed to have been given (a) if mailed by registered post (b) if delivered by courier, (c) if sent by facsimile transmission and such transmission is confirmed as received, or (d) if sent by electronic mail, and such message is confirmed as received, in each case to the address, fax number or e-mail address specified here - No. 2734, 1st Floor, 1st Sector HSR Layout, 16th Cross, 27th Main, Bangalore-560102 Email – support@phablecare.com
6. Emergency Cases: The services facilitated over the Platform are not a replacement for emergency services offered at hospitals and should not be accessed if the patient is in a critical condition. In Medical Emergency (defined hereunder), please contact emergency services and/or rush to the nearest hospital. “Medical Emergency” will include a serious and unexpected situation that may involve illness or injury and require immediate medical attention in the absence of which, possess an imminent threat/risk to life and can potentially lead to death in the absence of the medical attention. In such situation patient may undergo through any or multiple of the following conditions (not an exhaustive list:
  1. chest pain; sudden breathing difficulty; inability to speak and/or to move any of the body parts; loss of consciousness and/or vision and/or hearing; not oriented to surrounding; sudden abnormal behavior and/or irritability; extreme lethargy and/or discomfort; worsening of any pre-existing medical conditions and/or development of severe pain.
Severability
1. should one or more provisions of these Terms of Use found to be unlawful, void or unenforceable, such provision(s) shall be deemed severable and will not affect the validity and/or enforceability of the remaining provisions of the Terms of Use, which will remain in full force and effect.
False Information
1. If at any point of time, Phable finds that the information provided by You in Your registration or web mail is false, Phable reserves the right to terminate Your account and remove all or any content previously posted by You. You hereby agree to: (a) provide true, accurate and complete information about yourself to Phable/the Platform; and (b) maintain and promptly update the details or information to keep it true, accurate, current and complete.
Dispute Resolution:
1. If any dispute, controversy or claim arises out of, or in relation to, or in connection with the Phable Terms or its termination or validity, the parties shall attempt to mutually resolve the same through mediation.
2. However, if the parties fail to resolve the above dispute within a period of 30 days, the same shall be referred to binding Arbitration under the provisions of the Arbitration and Conciliation Act, 1996, as amended from time to time.
3. The arbitration shall be conducted by a sole arbitrator, to be appointed exclusively by Phable. The place of arbitration shall be Bangalore, India and the arbitral proceedings shall be conducted in English.
4. The award of the arbitrator shall be final, conclusive and binding upon the parties.
Force Majeure:
1. Phable shall not be liable for any losses, and/or breaches caused under the Phable Terms due to occurrence of any force majeure event. Force Majeure Event shall mean an event, or a series of related events, that is outside the reasonable control of the party affected (including failures of the internet or any public telecommunications network, failures of Phable’s hosting provider, hacker attacks, denial of service attacks, virus or other malicious software attacks or infections, power failures, industrial disputes affecting any third party, changes to the law, disasters, explosions, fires, floods, riots, terrorist attacks, pandemic and its impact and wars;
Lucky Draw
1. Lucky draw is only applicable for selected orders/offerings. Only delivered orders will be considered for a lucky draw. Rewards will be shared via an email within 48 hrs of the announcement of the winner. We reserve the right to amend the related terms from time to time without further notice. Any such amendments we make shall be effective once we post a revised version of these terms on Our Website and/or Phable Application. It is Your responsibility to review these Terms of Use regularly. Winner selection and free gift for the offer will be as per Phable’s sole discretion.
Category Specific Terms
1. Phable provides facilitation for different categories of services to You. Each category along with its specific terms (“Category Specific Terms”) applicable to You in addition to these Standard Terms are listed below. To the extent of any inconsistency between the Standard Terms and the respective Category Specific Terms, the respective Category Specific Terms shall prevail over the Standard Terms.