1. What are we (i.e. Oxyjon) by Zamoora Technologies Services Pvt. Ltd.?

Oxyjon is an App and a Website that is owned and operated by Zamoora Technologies Private Limited, a company duly incorporated under the provisions of the Companies Act, 2013 (hereinafter referred to as “we” or “us” or “our” or “www.Oxyjon.com” or “Oxyjon”). We have our office at “5 th Floor, The Circle, Huda City Centre, Sector 29, Gurgaon, 12202”.

2. What do we do?

Oxyjon is a digital health company and wants to offer persons with diabetes comprehensive care in order to minimize the barriers and problems of daily therapy. Our Services aim to simplify your daily diabetes management. We also provide consultation with experts in respective fields to our users who have condition of diabetes and other chronic diseases, through our programs based on scientific guidelines.

For the purpose of these Terms, wherever the context so requires "You", “Your” or "User" shall mean any natural or legal person who accesses, uses or subscribes to our Website or App, agrees to become a buyer on the Website or App or avails or offers to avail any of our services.

Use of the Website and App is offered to You, subject to acceptance of all the terms, conditions and notices contained in these Terms including applicable policies which are incorporated herein by reference, along with any modifications made time to time by Company at its sole discretion and posted on the Website and App, including by way of imposing an additional charge for access to or use of a service(s).

Services offered by Oxyjon –

Oxyjon is a platform that helps you in maintaining good health and providing health products and services to the Users for health related information and resources. The words "Your physician" or "Your doctor" or "healthcare provider" or similar words on the Website, including in these Terms of Use, are supposed to mean Your own personal doctor with whom You have an actual, mutually acknowledged, doctor-patient relationship. Oxyjon does not provide any medical advice and in case of any emergency contact your doctor. Never disregard any professional medical advice .
You understand and agree that all RMP’s [Registered Medical Professional] working with us are independent practitioners and are not an Oxyjon employee/s. In case of any liability arising out of any medical advice or incurring any loss from such advice Oxyjon will not be held Directly or Indirectly be liable for such advice.
Oxyjon aims to provide you a healthy life style. We believe that when you keep track of your health on daily basis your health problems may reduce slowly. However, we cannot take decision on your behalf. We can help you with finding good information and can connect you with experts in their respective fields. Users of Oxyjon are supposed to take their own decision and take necessary actions according to their decision. Oxyjon is not a platform for the practice of medicine, all general information and advices that are provided here are honest and reliable.
Through the App and Website, Oxyjon makes possible the purchase of drugs and other pharmaceutical products, and blood tests are offered for sale. You understand and agree that Oxyjon only provide hosting services to You and persons browsing / visiting the App and Website. All items offered for sale on the App and Website, and the content made available by the Third Party Pharmacies, are third party user generated contents and third party products. The authenticity and genuineness of the Pharmaceutical Goods and Services and Lab tests are made available by the Third Party through the Website and it shall be the sole responsibility of the Third Party. You understand and agree that Oxyjon shall have no liability with respect to the authenticity of such Goods and Services being facilitated through the Website and App.
You acknowledge and agree that all commercial or contractual liabilities arising out of the purchase, delivery, sale etc. of pharmaceutical goods and services between You and Third Party seller shall be between You and Third Party. Oxyjon does not claim or has any control over the authenticity of blood test. These tests will be conducted by Third Party Medical Labs. Oxyjon only books the lab test and share test results. Oxyjon has no control over the accuracy of such blood tests.
In case of any breach of contract, or in case of any non performance etc. by any third party seller of Goods and Services Oxyjon shall not be held responsible for such breach. Oxyjon do not guarantee that Third Party Seller will perform its duty effectively and responsibly.

3. Terms and conditions

The following terms constitute an agreement between You and Zamoora Technologies Services Private Limited. the operator of Oxyjon. This agreement governs your use of Oxyjon, both as a casual visitor and a registered User as described below. By accessing or using the Site, you agree to be bound by the terms of this Agreement.

User Eligibility

You must be 18 years of age or older to register, use the Services, or visit or use Oxyjon in any manner. By registering, visiting and using the Oxyjon or accepting this Agreement, you represent and warrant to Oxyjon that you are 18 years of age or older, and that you have the right, authority and capacity to use Oxyjon and its Services, and agree to and abide by this Agreement. Children under the age of 18 are prohibited from registering as User. By registering as a User you represent that you are age 18 or older.

This Site Does Not Provide Medical Advice

All of the material provided by Oxyjon, such as text, treatments, dosages, outcomes, charts, patient profiles, graphics, photographs, images, advice, messages, forum postings, and any other material provided by Oxyjon are for informational purposes only and are not a substitute for professional medical advice or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding your health. Never disregard professional medical advice or delay in seeking it because of something you have read on Oxyjon. If you think you may have a medical emergency, call your doctor immediately. Oxyjon does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on Oxyjon. Reliance on any information provided by Oxyjon by persons appearing on the App or Website at the invitation of Oxyjon, or by other User is solely at your own risk.

4. Terms of Usage

Acceptable and Lawful Use of Site by Users

Users shall not post or upload any information or other content on the App or Website that (a) is false, inaccurate or misleading; (b) is obscene or indecent; (c) infringes any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy of any party; or (d) is defamatory, libellous, threatening, abusive, hateful, or contains pornography. Users shall not interfere with other Users’ use and enjoyment of the Site (for example, by harassing, threatening, soliciting, overly promoting personal interests, or stalking another participant of a chat room, forum, seminar, or threaded message, including the use of expressions of bigotry, racism, hatred, or profanity). Users may not use Oxyjon to conduct any activity that is illegal or violates the rights of others, provide instructional information about illegal activities, or promote physical harm or injury against any group or individual.

All Users represent and warrant that the information they provided when registering as a User, and all information that they subsequently provide regarding themselves and their membership, is true and accurate and not misleading.

No Interference with Operation of Oxyjon

You may not use any robot, spider, scraper, or other automated means to access Oxyjon or content or its services provided for any purposes. You may not post content on Oxyjon that contains any viruses, Trojan horses, worms, time bombs, spiders, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. You shall not attempt to make the App or Website unavailable through denial- of-service attacks or similar means. You shall not use contact information provided by Users, or collect information about our Users, to facilitate the sending of unsolicited bulk communications such as SPAM or SPIM or allow others use of your membership account to take such actions.

Privacy

You agree that you have read, understood and accept Oxyjon’s Privacy Policy . This policy explains Oxyjon’s collection of personal and non-personal information from you when using the Site and its use of and sharing of such personal and non-personal information.

Login Identity and Password

You are responsible for maintaining the confidentiality of your User password and login, and are fully responsible for all activities that occur under your password or account with or without your knowledge. If you knowingly provide your login and password information to another person, your membership privileges may be suspended temporarily or terminated. You agree to immediately notify Oxyjon of any unauthorized use of your membership password or login or any other breach of security.

Membership Termination

You agree that Oxyjon may, with or without cause, immediately terminate your Oxyjon membership or limit or terminate your access to the User Area or the Site without prior notice. Without limiting the foregoing, the following may lead to a termination by Oxyjon of a User's membership and use of the Site: (a) breaches or violations of this Agreement or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated membership cancellation), (d) unexpected technical issues or problems, and (e) extended periods of inactivity. Oxyjon has no obligation to maintain, store, or transfer to you information or data that you have posted on or uploaded to the Site.

Modifications to this Agreement

We reserve the right to modify this Agreement at any time, and without prior notice, by posting amended terms on this Site. We encourage you to review this Agreement periodically for any updates or changes, which will have an update effective date.

Fees

Oxyjon reserves the right to from time to time change the terms of this Agreement and charge for membership and/or to provide additional optional services for a fee.

5. Content Policy

Ownership of Oxyjon Content and Proprietary Right

We are the sole and exclusive copyright owners of the Services and our Content. We also exclusively own the copyrights, trademarks, service marks, logos, trade names, trade dress and other intellectual and proprietary rights throughout the world (the “IP Rights”) associated with the Services and Our Content, which may be protected by copyright, patent, trademark and other applicable intellectual property and proprietary rights and laws. You acknowledge that the Services contain original works and have been developed, compiled, prepared, revised, selected, and arranged by us and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of us and such others. You further acknowledge that the Services may contain information which is designated as confidential by Oxyjon and that you shall not disclose such information without Oxyjon's prior written consent.

You agree to protect our proprietary rights and the proprietary rights of all others having rights in the Services during and after the term of this agreement and to comply with all reasonable written requests made by us or our suppliers and licensors of content or otherwise to protect their and others’ contractual, statutory, and common law rights in the Services. You acknowledge and agree that Oxyjon (or Oxyjon's licensors) own all legal right, title and interest in and to the Services, including any IP Rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated as confidential by Oxyjon and that you shall not disclose such information without Oxyjon's prior written consent. Unless you have agreed otherwise in writing with Oxyjon, nothing in the Terms gives you a right to use any of Oxyjon's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.

You agree not to use any framing techniques to enclose any trademark or logo or other proprietary information of Oxyjon; or remove, conceal or obliterate any copyright or other proprietary notice or source identifier, including without limitation, the size, color, location or style of any proprietary mark(s). Any infringement shall lead to appropriate legal proceedings against you at appropriate forum for seeking all available/possible remedies under applicable laws of the country of violation. You cannot modify, reproduce, publicly display or exploit in any form or manner whatsoever any of the Oxyjon’s content in whole or in part except as expressly authorized by Oxyjon.

To the fullest extent permitted by applicable law, we neither warrant nor represent that your use of materials displayed on the Services will not infringe rights of third parties not owned by or affiliated with us. You agree to immediately notify us upon becoming aware of any claim that the Services infringe upon any copyright trademark, or other contractual, intellectual, statutory, or common law rights.

Your License to Oxyjon Content:

We grant you a personal, limited, non-exclusive and non-transferable license to access and use the Services only as expressly permitted in these Terms. You shall not use the Services for any illegal purpose or in any manner inconsistent with these Terms. You may use information made available through the Services solely for your personal, non-commercial use. You agree not to use, copy, display, distribute, modify, broadcast, translate, reproduce, reformat, incorporate into advertisements and other works, sell, promote, create derivative works, or in any way exploit or allow others to exploit any of Oxyjon Content in whole or in part except as expressly authorized by us. Except as otherwise expressly granted to you in writing, we do not grant you any other express or implied right or license to the Services, Oxyjon Content or our IP Rights. Any violation by you of the license provisions contained in this Section may result in the immediate termination of your right to use the Services, as well as potential liability for copyright and other IP Rights infringement depending on the circumstances.

Oxyjon License to Your or User Content:

By submitting Your Content you hereby irrevocably grant us a perpetual, irrevocable, world-wide, non-exclusive, royalty-free, sub-licensable and transferable license and right to use Your Content and all IP Rights therein for any purpose including API partnerships with third parties and in any media existing now or in future. By “use” we mean use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, promote, create derivative works, and in the case of third party services, allow their users and others to do the same. You grant us the right to use the name or username that you submit in connection with Your Content. You irrevocably waive, and cause to be waived, any claims and assertions of moral rights or attribution with respect to Your Content brought against us, any third party services and our and their users.

As far as the Personal data is concerned, we are very sensitive about your personal data. You can read about our Privacy policy that covers data usage and sharing.

Representations Regarding Your or User Content:

You are responsible for Your Content. You represent and warrant that you are the sole author of, own, or otherwise control all of the rights of Your Content or have been granted explicit permission from the rights holder to submit Your Content; Your Content was not copied from or based in whole or in part on any other content, work, or website; Your Content was not submitted via the use of any automated process such as a script bot; use of Your Content by us, third party services, and our and their third party users will not violate or infringe any rights of yours or any third party; Your Content is truthful and accurate; and Your Content does not violate the Terms or any applicable laws. If Your Content is a recommendation you represent and warrant that you are the sole author of that recommendation; you were not paid or otherwise remunerated in connection with your authoring or posting of the recommendation; and you had no financial, competitive, or other personal incentive to author or post a recommendation that was not a fair expression of your honest opinion. You assume all risks associated with Your Content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable.

Content Removal

We reserve the right, at any time and without prior notice, to remove, block, or disable access to any content that we, for any reason or no reason, consider to be objectionable, in violation of the Terms or otherwise harmful to the Services or our users in our sole discretion. Subject to the requirements of applicable law, we are not obligated to return any of Your Content to you under any circumstances. Any review, which is derogatory, defamatory or hateful and without any substantial evidence may be taken down at our sole discretion.

Third Party Content and Links

Some of the content available through the Services may include or link to materials that belong to third parties. Please note that your use of such third party services will be governed by the terms of service and privacy policy applicable to the corresponding third party. We may obtain business addresses, phone numbers, and other contact information from third party vendors who obtain their data from public sources. We have no control over, and make no representation or endorsement regarding the accuracy, relevancy, copyright compliance, legality, completeness, timeliness or quality of any product, services, advertisements and other content appearing in or linked to from the Services. We do not screen or investigate third party material before or after including it on our Services. We reserve the right, in our sole discretion and without any obligation, to make improvements to, or correct any error or omissions in, any portion of the content accessible on the Services. Where appropriate, we may in our sole discretion and without any obligation, verify any updates, modifications, or changes to any content accessible on the Services, but shall not be liable for any delay or inaccuracies related to such updates. You acknowledge and agree that Oxyjon is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.

Third party content, including that posted by our users, does not reflect our views or that of our parent, subsidiary, affiliate companies, branches, employees, officers, directors, or shareholders. In addition, none of the content available through the Services is endorsed or certified by the providers or licensors of such third party content. We assume no responsibility or liability for any of Your Content or any third party content. You further acknowledge and agree that Oxyjon is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.

Without limiting the generality of the foregoing, we expressly disclaim any liability for any offensive, defamatory, illegal, invasive, unfair, or infringing content provided by third parties.

6. Disclaimer of Warranty, Limitation of Liability and Indemnification

Disclaimer of Warranties

The Website and App and the content and services made available on these are provided on an “as is” and “as available” basis. Oxyjon does not make and disclaims all express and implied warranties and representations, including, but not limited to, any implied warranty of fitness for a particular purpose, with regard to Oxyjon, its content, or any advice or services provided through the App or Website or Oxyjon team to the extent permitted by law. Oxyjon does not warrant that access to the App or Website or its content or services will be uninterrupted or error-free or that defects in the Site will be corrected.

The advice, recommendations, information, and conclusions posted or emailed by other Users of the Site are not in any way vetted, approved or endorsed by Oxyjon , and you use such information at your own risk.

Limitation of Liability

Under no circumstances shall Oxyjon , its partners, contributors, agents, employees, directors, or affiliates be liable for any indirect, incidental, special, or consequential damages (even if it has been advised of the possibility of such damages) due to your use of this Site or due to your reliance on any of the content contained or the services provided on the Site.

Indemnification

You agree to indemnify and hold harmless Oxyjon, its officers, employees, agents, subsidiaries, affiliates and other partners, from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of this Agreement.

User Notices

If you register as a User, you agree that Oxyjon may send notices to you by email or sms at the email address and phone number you provide when registering to become a User (or which you later update using the functionality of the App and Site).

7. Refund and Cancellation

For India:

For one off Diet and Doctor consultation, there will be no refund after the consultation happens. In case of cancellation before the consultation, full refund will be given in 15 days.
For other plans like 1 month, 3 month 6 month or 12 month program, while there is no standard refund policy, We can provide specific offers including refund options that will be published on App when such refund offer is made available.
There will be no refund for Blood tests after the sample has been collected. Similarly there will be no refund for Medicines and any other physical product after order has been placed.

For Other Countries except India:

We will abide by Google’s refund policies for the Subscription service of our App.

8. General terms

Interpretation:

The section and subject headings in these Terms are included for reference only and shall not be used to interpret any provisions of these Terms.

Entire Agreement and Waiver

The Terms & Conditions, together with the ‘Privacy Policy’ shall constitute the entire agreement between you and us concerning the Services. No failure or delay by us in exercising any right, power or privilege under the Terms shall operate as a waiver of such right or acceptance of any variation of the Terms and nor shall any single or partial exercise by either party of any right, power or privilege preclude any further exercise of that right or the exercise of any other right, power or privilege.

Severability:

If any provision of these Terms is deemed unlawful, invalid, or unenforceable by a judicial court for any reason, then that provision shall be deemed severed from these Terms, and the remainder of the Terms shall continue in full force and effect.

Partnership or Agency:

None of the provisions of these Terms shall be deemed to constitute a partnership or agency between you and Oxyjon and you shall have no authority to bind Oxyjon in any form or manner, whatsoever.

Governing Law/Waiver:

For all Users: These Terms shall be governed by the laws of India. The Courts of law at Gurgaon shall have exclusive jurisdiction over any disputes arising under this agreement.

For all Users: You must commence any legal action against us within one (1) year after the alleged harm initially occurs. Failure to commence the action within that period shall forever bar any claims or causes of action regarding the same facts or occurrence, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by us to enforce or exercise any provision of these terms or any related right shall not constitute a waiver of that right or provision.