Effective 5th September 2020
websites, content, products, and services (the “Services”) made available by AmbiPalm Health Private
Limited (“ AmbiPalm Health”) a private limited liability company established in India , having its
registered office at 1st Floor, SANJAR PLAZA, Beside : ANDHRA BANK, OPP : OLD AIRPORT ROAD,
BEGUMPET, HYDERABAD - 500016. along with office in other states with Corporate Identification
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.
The Services constitute a technology platform that enables users of AmbiPalm Health’s mobile
applications or websites provided as part of the Services (each, an “Application”) to arrange and
schedule transportation and/or medical services with independent third party providers of such
services, including independent third party ambulance providers under agreement with AmbiPalm Health
or certain of AmbiPalm Health’s affiliates (“Third Party Providers”). Unless otherwise agreed by
AmbiPalm Health in a separate written agreement with you, the Services are made available solely for
your personal, noncommercial use. YOU ACKNOWLEDGE THAT AMBIPALM HEALTH DOES NOT PROVIDE AMBULANCE
SERVICES OR FUNCTION AS A TRANSPORTATION CARRIER AND THAT ALL SUCH TRANSPORTATION SERVICES ARE
PROVIDED BY INDEPENDENT THIRD-PARTY CONTRACTORS WHO ARE NOT EMPLOYED BY AMBIPALM HEALTH OR ANY OF
Subject to your compliance with these Terms, AmbiPalm Health grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by AmbiPalm Health and AmbiPalm Health’s licensors. RESTRICTIONS.
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by AmbiPalm Health; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
THIRD PARTY SERVICES AND CONTENT.
In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Account registration requires you to submit to AmbiPalm Health certain personal information, such as your name, address, mobile phone number and age, medical information as well as at least one valid payment method (either a credit card or accepted payment partner). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services of AmbiPalm Health’s and lead to termination of these Terms with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by AmbiPalm Health in writing, you may only possess one Account.
USER REQUIREMENTS AND CONDUCT.
The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive transportation or logistics services from Third Party Providers unless they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes. You will not, in your use of the Services, cause nuisance, annoyance, inconvenience, or property damage, whether to the Third-Party Provider or any other party. In certain instances you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.
By creating an Account, you agree that the Services may send you informational text (SMS) messages as part of the normal business operation of your use of the Services. You may opt-out of receiving text (SMS) messages from AmbiPalm Health at any time by sending an email to email@example.com indicating that you no longer wish to receive such messages, along with the phone number of the mobile device receiving the messages. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services.
AmbiPalm Health may, in AmbiPalm Health’s sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to the Services and/or a Third Party Provider’s services, subject to any additional terms that AmbiPalm Health establishes on a per promotional code basis (“Promo Codes”). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by AmbiPalm Health; (iii) may be disabled by AmbiPalm Health at any time for any reason without liability to AmbiPalm Health; (iv) may only be used pursuant to the specific terms that AmbiPalm Health establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. AmbiPalm Health reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that AmbiPalm Health determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.
USER PROVIDED CONTENT.
AmbiPalm Health may, in AmbiPalm Health’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to AmbiPalm Health through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to AmbiPalm Health, you grant AmbiPalm Health a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and AmbiPalm Health’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity. You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant AmbiPalm Health the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor AmbiPalm Health’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by AmbiPalm Health in its sole discretion, whether or not such material may be protected by law. AmbiPalm Health may, but shall not be obligated to, review, monitor, or remove User Content, at AmbiPalm Health’s sole discretion and at any time and for any reason, without notice to you.
NETWORK ACCESS AND DEVICES.
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. AmbiPalm Health does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
You understand that use of the Services may result in charges to you for the services or goods you
receive from a Third-Party Provider (“Charges”). After you have received services or goods obtained
through your use of the Service, AmbiPalm Health will facilitate your payment of the applicable
Charges on behalf of the Third-Party Provider as such Third-Party Provider’s limited payment
collection agent. Payment of the Charges in such manner shall be considered the same as payment made
directly by you to the Third Party Provider. Charges will be inclusive of applicable taxes where
required by law. AmbiPalm Health reserves the right to charge you an additional amount for pickup
facility provided at various places along with applicable taxes (including but not limited to GST).
Charges paid by you are final and non-refundable, unless otherwise determined by AmbiPalm Health.
AmbiPalm Health will respond accordingly to any request from a Third Party Provider to modify the
Charges for a particular service. All Charges are due immediately and payment will be facilitated by
AmbiPalm Health using the preferred payment method designated in your Account, after which AmbiPalm
Health will send you a receipt by email. If your primary Account payment method is determined to be
expired, invalid or otherwise not able to be charged, you agree that AmbiPalm Health may, as the
Third-Party Provider’s limited payment collection agent, use a secondary payment method in your
Account, if available. As between you and AmbiPalm Health, AmbiPalm Health reserves the right to
establish, remove and/or revise Charges for any or all services or goods obtained through the use of
the Services at any time in AmbiPalm Health’s sole discretion. Further, you acknowledge and agree
that Charges applicable in certain geographical areas may increase substantially during times of
high demand. AmbiPalm Health will use reasonable efforts to inform you of Charges that may apply,
provided that you will be responsible for Charges incurred under your Account regardless of your
awareness of such Charges or the amounts thereof. AmbiPalm Health may from time to time provide
certain users with promotional offers, subscriptions and discounts that may result in different
amounts charged for the same or similar services obtained through the use of the Services, and you
agree that such promotional offers, subscriptions and discounts, unless also made available to you,
shall have no bearing on your use of the Services or the Charges applied to you. You may elect to
cancel your request for services from a Third-Party Provider at any time prior to such Third Party
Provider’s arrival, in which case you may be charged a cancellation fee. This payment structure is
intended to fully compensate the Third-Party Provider for the services provided. Any representation
by AmbiPalm Health (on AmbiPalm Health’s website, in the Application, or in AmbiPalm Health’s
marketing materials) to the effect that tipping is “voluntary,” “not required,” and/or “included” in
the payments you make for services provided is not intended to suggest that AmbiPalm Health provides
any additional amounts, beyond those described above, to the Third-Party Provider. You understand
and agree that, while you are free to provide additional payment as a gratuity to any Third-Party
Provider who provides you with services obtained through the Service, you are under no obligation to
do so. Gratuities are voluntary. After you have received services obtained through the Service, you
will have the opportunity to rate your experience and leave additional feedback about your
REPAIR OR CLEANING FEES.
You shall be responsible for the cost of repair for damage to, or necessary cleaning of, Third Party Provider vehicles and property resulting from use of the Services under your Account in excess of normal “wear and tear” damages and necessary cleaning (“Repair or Cleaning”). In the event that a Third Party Provider reports the need for Repair or Cleaning, and such Repair or Cleaning request is verified by AmbiPalm Health in AmbiPalm Health’s reasonable discretion, AmbiPalm Health reserves the right to facilitate payment for the reasonable cost of such Repair or Cleaning on behalf of the Third-Party Provider using your payment method designated in your Account. Such amounts will be transferred by AmbiPalm Health to the applicable Third-Party Provider and are non-refundable.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” AMBIPALM HEALTH DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, AMBIPALM HEALTH MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. AMBIPALM HEALTH DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD-PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY.
AMBIPALM HEALTH SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF AMBIPALM HEALTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. AMBIPALM HEALTH SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF AMBIPALM HEALTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. AMBIPALM HEALTH SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND AMBIPALM HEALTH’S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT THIRD-PARTY TRANSPORTATION PROVIDERS PROVIDING TRANSPORTATION SERVICES REQUESTED THROUGH SOME REQUEST BRANDS MAY OFFER SERVICES AND MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED. IN NO EVENT SHALL AMBIPALM HEALTH’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED FIVE HUNDRED EUROS ($500). AMBIPALM HEALTH’S SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT AMBIPALM HEALTH HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION SERVICES PROVIDED TO YOU BY THIRD-PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS. THE LIMITATIONS AND DISCLAIMER IN THIS SECTION 5 DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. INDEMNITY.
You agree to indemnify and hold AmbiPalm Health and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) AmbiPalm Health’s use of your User Content; or (iv) your violation of the rights of any third-party, including Third-Party Providers.
Except as otherwise set forth in these Terms, these Terms shall be exclusively governed by and construed in accordance with the laws of India. Any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the Services or these Terms, including those relating to its validity, its construction or its enforceability (any “Dispute”) shall be first mandatorily submitted to mediation proceedings in terms of the Indian law. If such Dispute has not been settled within sixty (60) days after a request for mediation has been submitted under the Indian laws, such Dispute can be referred to and shall be exclusively and finally resolved by arbitration under the Arbitration and Conciliation Act, 1996 (“Act”). The Dispute shall be resolved by one (1) arbitrator to be appointed in accordance with the Act. The place of both mediation and arbitration shall be Hyderabad, India. The language of the mediation and/or arbitration shall be English, unless you do not speak English, in which case the mediation and/or arbitration shall be conducted in both English and your native language. The existence and content of the mediation and arbitration proceedings, including documents and briefs submitted by the parties, any correspondence from the mediator, and correspondence, orders and awards issued by the sole arbitrator, shall remain strictly confidential and shall not be disclosed to any third-party without the express written consent from the other party unless: (i) the disclosure to the third party is reasonably required in the context of conducting the mediation or arbitration proceedings; and (ii) the third-party agrees unconditionally in writing to be bound by the confidentiality obligation stipulated herein.
CLAIMS OF COPYRIGHT INFRINGEMENT.
Claims of copyright infringement should be sent to AmbiPalm Health’s designated agent. Please visit AmbiPalm Health’s web page at https://www.ambipalmmedicare.lite/legal for the designated address and additional information. NOTICE. AmbiPalm Health may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent to your address as set forth in your Account. You may give notice to AmbiPalm Health by written communication to AmbiPalm Health's address as mentioned above GENERAL. You may not assign or transfer these Terms in whole or in part without AmbiPalm Health’s prior written approval. You give your approval to AmbiPalm Health for it to assign or transfer these Terms in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of AmbiPalm Health’s equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment or agency relationship exists between you, AmbiPalm Health or any Third-Party Provider as a result of the contract between you and AmbiPalm Health or use of the Services. If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms. These Terms constitute the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. In these Terms, the words “including” and “include” mean “including, but not limited to.”
AMBIPALM HEALTH GUIDELINES FOR LAW ENFORCEMENT AUTHORITIES
The following guidelines are intended to inform law enforcement about the legal process for seeking records from AmbiPalm Health. These are merely guidelines, and this information may change at any time. For private party requests, including requests from civil litigants and criminal defendants, we recommend browsing Guidelines for Third-Party Data Requests.
WHAT IS AMBIPALM HEALTH AND WHAT RECORDS DO WE HAVE?
WHAT TYPE OF LEGAL PROCESS DOES AMBIPALM HEALTH REQUIRE BEFORE PRODUCING USER OR PARTNER INFORMATION?
For Indian Law Enforcement, we require valid and sufficient legal process before we can disclose business records regarding partners, users, or trips. In most instances, we won’t be able to provide any information without a valid subpoena, court order, or search warrant. We accept law enforcement requests via email to legal@AmbiPalm Health.com or via personal service through our corporate agent, National Registered Agents, 1st Floor, SANJAR PLAZA, Beside : ANDHRA BANK, OPP : OLD AIRPORT ROAD, BEGUMPET, HYDERABAD - 500016. Our acceptance of legal process does not waive any legal objections AmbiPalm Health may have and may raise in response to the request.
WHAT FORM OF REQUESTS DOES AMBIPALM HEALTH REQUIRE, AND HOW ARE REQUESTS PROCESSED?
To respond to a request, we will need to receive the applicable process described above, as well as a valid return email address from an official government domain. We review each request for facial and substantive validity, and will reject requests that are not facially and substantively valid. Among other things, we require requests to be narrowly tailored to a legitimate law enforcement need and will reject overly broad, vague, or unduly burdensome requests. In order to make sure your Law Enforcement Request is valid and does not seek more information than necessary, we ask for the following: A sufficiently narrow/defined time period; A specific event or action that the subject took; A specific reference (i.e., you must uniquely identify a user or driver partner) We disclose data to law enforcement when we determine that we are required to do so by law. In those instances, we will search for and disclose data that we are reasonably able to locate and retrieve.
HOW DOES AMBIPALM HEALTH HANDLE EMERGENCY REQUESTS?
We have a process for evaluating requests on an emergency basis where there is an emergency that involves protecting a user, driver partner, or third-party or stopping illegal activity that poses an immediate threat of death or serious bodily harm. Requestors must submit an Emergency Request Form (which can be requested through firstname.lastname@example.org) that describes in detail the nature of the emergency, and we review these requests on a case-by-case basis. Law enforcement can submit an emergency request by emailing email@example.com. Please note that we will only review and respond to emergency requests from law enforcement, and will not respond to emergency requests sent to this address by non-law enforcement officials. Non-law enforcement officials aware of an emergency situation should immediately and directly contact local law enforcement officials.
DOES AMBIPALM HEALTH NOTIFY INDIVIDUALS OF A LAW ENFORCEMENT REQUEST FOR INFORMATION RELATING TO THEM?
Yes, we may notify subjects before producing their information to law enforcement, unless we are prohibited by law from doing so, or in exceptional circumstances such as emergencies. Law enforcement officials who believe that notification would jeopardize an investigation should obtain an appropriate court order or other appropriate process establishing that notice is prohibited.
DOES AMBIPALM HEALTH PROVIDE A CERTIFICATE OF AUTHENTICATION OR EXPERT TESTIMONY?
We may provide a certification from our records custodian but are not generally able to provide in-person or expert witness testimony. Law enforcement officials with questions about these guidelines should email firstname.lastname@example.org. Please note that we will not respond to non-law enforcement inquiries received at this email address. For non-law enforcement inquiries, please see Guidelines for Third-Party Data Requests.
Please note that we update our Terms and Conditions on a regular basis. Therefore, we request that you keep checking on the same to remain up to date with our terms.