EFFECTIVE DATE: 15th February 2025
LAST UPDATED: 15th February 2025
The following terms of service (these “Terms of Service”), govern your access to and use of the AYKA website and mobile applications, including any content, functionality and services offered on or through AYKA websites like www.aykacare.in, and/or the AYKA mobile applications both at Android and IOS platforms, and/or any electronic tools provided and use by AYKA, and/or CRM software provided and use by AYKA, and/or any third party electronic tools that is use by AYKA to engage with Users at online and offline both ways, referred hereto as “Platform”, respectively by “AYKA CARE”, a Brand of AYKA CLYVORA PRIVATE LIMITED, that collectively referred hereto as “AYKA” “we” or “us” or “our”, Whereas “you” or “user” or “visitor” means you as an user and/or visitor of our all websites, mobile applications, CRM software, other electronic tools and third party software and applications, whatsoever.
Please read the Terms of Service carefully before you start to use the Platform. By using the Platform, opening an account or by clicking to accept or agree to the Terms of Service when this option is made available to you, you accept and agree, on behalf of yourself or on behalf of your employer or any other entity (if applicable), to be bound and abide by these Terms of Service, AYKA Non-Circumvention and Non-Disclosure Agreement (“AYKA NCNDA”), AYKA Subscription Terms, AYKA Alliance Agreement, AYKA Clinic Agreement, AYKA Expert Agreement, Disclaimer, AYKA Recruitment Agreement, AYKA Privacy Policy, AYKA Alliance LOI, AYKA Clinic LOI, AYKA Branding and Management Standard Operating Procedure of AYKA Life, AYKA Branding and Management Standard Operating Procedure of AYKA Clinic, AYKA Delete My Account Terms, AYKA Payment Terms (“Payment Terms”), Agreement For Onboarding Medical Consultant, AYKA Refund Policy, AYKA Bond Investment terms, AYKA Zero Tolerance Policy, AYKA’s Community Standards, and any additional standards, conditions, policies, guidelines and in-product disclosures (collectively, the “Terms”), that may found here or written separately and available on our Platforms whatsoever, which are incorporated herein by reference. You further acknowledge, you have read and understood our Privacy Policy, found here. If you do not want to agree to these Terms or the Privacy Policy, you must not access or use the Platform. For more detailed policies surrounding the activity and usage on the platform, please access the designated articles herein.
Our Customer Support team is available 24/7 if you have any questions regarding the platform and/or Terms. Contacting our Customer Support team can be performed by submitting a request here. For additional information on our designated contact points, see here.
REPRESENTATIONS AND WARRANTIES:
- This Platform is offered and available to users who are at least 18 years of age and of legal age to form a binding contract. If you are under 18 years of age, you are only permitted to use the platform through an account owned by a parent or legal guardian with their appropriate permission. Whereas, in case of the user is under 18 years, their parent or legal guardian will take the full responsibility the user actions.
- The platform is available only to users who are not subject to any economic sanctions or trade restrictions imposed by the India, United State of America, Australia, United States, European Union or any other applicable jurisdiction.
- By using the platform, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the platform.
- Registration is required to browse the Platforms. However, certain features offered on the Platforms may require you to submit certain personal information, such as your name, your postal address, your e-mail address, mobile, and billing information. When you submit such information on a Platform you represent that you are at least 18 years of age and that you have the authority to register with such site. When you register, we may assign you a login ID and request that you choose a password. You are responsible for maintaining the confidentiality of your login ID and password. You shall be responsible for any use of your login ID and password. In addition, you agree to pay all charges, including taxes, duties or other fees, incurred by you or anyone using your login and/or password.
- If you provide us with an email address that will result in any messages we may send you being sent to you via a network or device operated or owned by a third party then you promise that you are entitled to receive those messages. You also agree that we may stop sending messages to you without notifying you.
DEFINITIONS, DESCRIPTION AND TERMS:
- AYKA
AYKA Care is a pioneering digital healthcare platform dedicated to enhancing accessibility and efficiency in medical services. By seamlessly connecting patients with healthcare professionals, AYKA Care simplifies appointment bookings, telemedicine consultations, and healthcare management. Our platform empowers medical practitioners, pharmacies, and patients through innovative digital solutions that streamline operations, improve patient care, and optimize practice management. With a comprehensive suite of services, including video consultations, clinic visits, homecare services, insurance, lab testing, and career hiring in healthcare sector, AYKA Care is committed to building a seamless healthcare ecosystem. Our user-friendly interface ensures a smooth and efficient experience, revolutionizing patient engagement and improving health outcomes nationwide.
- USER
the term “User” refers to any entity utilizing AYKA’s platforms, including the website, mobile applications, other digital services and offline establishments like Clinic and Hospitals, whatsoever.
Types of Users in AYKA:
- Expert – Healthcare professionals, consultants, or specialists using AYKA’s platform.
- End User – Patients or individuals seeking healthcare services.
- Alliance – Organizations or groups collaborating with AYKA.
- Visitor – Any individual browsing the platform without registrations.
- Third-Party Companies – External service providers integrating with AYKA.
- Buyer & Seller – Entities involved in purchasing or selling healthcare-related products/services.
- Clinic & Hospital – Medical institutions leveraging AYKA’s services.
- Partner – Individuals and/or Organisations working as a Freelancer to sale products and/or services of AYKA or AYKA Users.
In essence, a User in AYKA encompasses a broad range of individuals and organizations interacting with the platform for healthcare-related purposes.
- EXPERT
Healthcare Professionals are individuals who are trained and licensed to provide medical care, support, and services to patients in the healthcare industry referred hereto as “Expert”. They play a crucial role in maintaining public health and treating illnesses.
Key Types of Experts & Their Duties:
- Doctors (Physicians & Surgeons)
- Diagnose and treat illnesses, injuries, and medical conditions
- Prescribe medications and perform surgeries
- Provide preventive care and health advice
- Nurses (Registered Nurses, Nurse Practitioners, etc.)
- Assist in patient care and administer medications
- Monitor patient health and record vital signs
- Provide emotional support and education to patients
- Pharmacists
- Dispense medications and provide guidance on drug usage
- Educate patients about potential side effects and interactions
- Collaborate with doctors to ensure safe prescriptions
- Medical Technologists & Laboratory Technicians
- Conduct medical tests to diagnose diseases
- Analyse blood, tissue, and fluid samples
- Maintain lab equipment and ensure accurate results
- Therapists (Physical, Occupational, Speech, etc.)
- Help patients recover from injuries, disabilities, or surgeries
- Assist in improving mobility and communication skills
- Develop personalized rehabilitation programs
- Radiologic & Imaging Technicians
- Operate MRI, X-ray, CT scan, and ultrasound machines
- Assist doctors in diagnosing conditions using imaging techniques
- Medical Assistants & Administrative Staff
- Manage patient records and schedule appointments
- Handle billing, insurance claims, and hospital administration
- Assist Healthcare professionals and/or clinics and/or hospitals with basic clinical tasks
Importance in the Healthcare Industry:
Experts ensure patient well-being, disease prevention, and medical advancements. Their expertise improves public health and enhances the quality of life for individuals worldwide. Experts may also refer hereto as “User”.
c) ALLIANCE
An “Alliance” referred hereto as “Franchise Partner” in the healthcare industry is an individual or business entity that operates a healthcare facility (such as a diagnostic center, pharmacy, clinic, or home healthcare service) under an established healthcare brand. They invest in and manage the franchise while adhering to the franchisor’s business model, operational standards, and brand guidelines.
Duties of an Alliance:
- Business Setup & Investment – Invest in the franchise, acquire necessary licenses, and establish the facility.
- Brand Compliance – Follow the franchisor’s operational protocols, quality standards, and ethical guidelines.
- Operational Management – Oversee day-to-day activities, ensure staff efficiency, and maintain service quality.
- Marketing & Customer Acquisition – Promote services, attract patients/customers, and build a strong local presence.
- Staff Hiring & Training – Recruit skilled professionals and ensure they receive proper training.
- Financial Management – Handle expenses, pricing, revenue, and maintain profitability.
- Regulatory Compliance – Adhere to healthcare regulations, safety standards, and legal requirements.
- Customer Service & Patient Care – Ensure high-quality patient care and maintain customer satisfaction.
An Alliance in healthcare provide a structured business model while allowing local entrepreneurs to contribute to accessible and quality healthcare services.
- END USER
The “End User” in the healthcare industry refers to:
- End User and/or Individuals and/or business entity and/or Patients and/or Visitors referred hereto as “User”, who receive healthcare services directly from the AYKA, AYKA Experts or its third-party providers.
- Users of the website and mobile application who access healthcare-related services, book appointments, consult medical Experts, purchase medicines, or use health tracking features and/or whatsoever.
- Users availing third-party services through the company’s platform, such as diagnostic tests, telemedicine, or insurance and/or whatsoever.
Duties of the End User in Healthcare
- Providing Accurate Information – Users must share correct personal, medical, and insurance details to receive appropriate care.
- Following Medical Advice – Patients should adhere to prescribed treatments, medications, and follow-up schedules.
- Complying with Terms & Conditions – Users must respect the platform’s policies while using services.
- Maintaining Confidentiality – Patients should safeguard their login credentials and sensitive health information.
- Respecting Healthcare Providers – Users must interact respectfully with doctors, support staff, and service providers.
- Timely Payments – If required, patients should ensure timely payments for consultations, medicines, or other services.
- Providing Feedback – Users should report any issues or share feedback to improve service quality.
- VISITOR
Any Individual entity and/or Business entity may refer hereto as “User”, who visit the website and mobile application, Clinics of AYKA Brand online and/or offline. However, doesn’t take any services from AYKA or from AYKA Expert or from AYKA Third Party Partners.
- PLATFORM
the term “Platform” (may also refer hereto “SITE”), refers to the various digital and electronic systems used to manage, streamline, and enhance healthcare operations, patient care, and administrative tasks. In the context of AYKA, these platforms include:
Website – An online portal for patients, healthcare providers, Alliance and/or stakeholders to access information, book appointments, and manage healthcare services as per given authorities by AYKA.
Mobile Application – An Android, IOS application and mobile browser website on smartphone or tablet-based application that allows Users to track their health, schedule visits, receive medical updates, and access telehealth services, also works as a portal for all users to access information, book appointments, and manage healthcare services as per given authorities by AYKA.
CRM (Customer Relationship Management) – A system used to manage User interactions, streamline communication, track patient history, and improve healthcare service delivery. Also works as a portal for all users to access information, book appointments, and manage healthcare services as per given authorities by AYKA.
Electronic Tools – Digital solutions such as electronic health records (EHR), e-prescriptions, and diagnostic tools that improve efficiency and accuracy in medical processes. Also works as a portal for all users to access information, book appointments, and manage healthcare services as per given authorities by AYKA.
Third-Party Software – External healthcare software integrated with AYKA’s system to enhance functionality, such as billing software, insurance claim processing tools, or AI-driven diagnostic tools. Also works as a portal for all users to access information, book appointments, and manage healthcare services as per given authorities by AYKA.
Electronic Tools Provided by AYKA – Proprietary or customized digital tools developed and offered by AYKA to improve healthcare services, patient management, and operational efficiency. Also works as a portal for all users to access information, book appointments, and manage healthcare services as per given authorities by AYKA.
WHEREAS AYKA is providing Platforms for all kinds of User categories respectively and/or collectively.
- CLINIC
A Clinic is a medical facility that provides outpatient care, meaning patients receive treatment without being admitted to a hospital. Clinics can vary in size and specialization, offering services such as general medical consultations, diagnostic tests, minor surgical procedures, and specialized care (e.g., dental, dermatology, physiotherapy). They can be privately owned, government-run, or affiliated with hospitals. Clinics help in preventive care, routine checkups, and managing chronic diseases, often serving as the first point of contact for patients seeking medical attention. All Clinic available in the Platform will be in collaboration with AYKA as per the respective agreement signed between the Clinic and AYKA.
- BUYER
- Buyers are users who purchase products and/or services on AYKA. Users can act as buyers when paying out-of-pocket for products and/or services, medicines, or insurance plans etc whatsoever sale by Expert or AYKA.
- You may not offer direct payments to Sellers using payment systems outside of the AYKA platform.
- Buyers may also use brief features to ask for services. Services requested on AYKA must be an allowed service on AYKA.
- Users should refrain from using other features for any purpose other than looking for services on AYKA.
- When placing an Order on the AYKA platform you may only use funds that were obtained from legal sources and are not, directly or indirectly, connected to any unlawful or fraudulent activities.
- SELLER
A Users and/or an entity or individual that provides healthcare-related products or services by using AYKA Platforms. This can include Experts, Clinic, Insurance Companies, Hospitals, Manufacturers, Pharmaceuticals, Health Testing Labs, etc Whatsoever. The user who uses our seller platform and/or Expert Platform to display and sell its product and services shall be known as the Seller (may also refer as “Vendor”). As the vendor the user will get the full access of the vendor dashboard through which the user is only allowed to sell its product and services. However, to purchase any product and service of any other vendor the user has to create a buyer user account separately.
- CONSULTING PRESCRIPTION
A prescription is a formal medical order issued by a licensed healthcare professional (such as a doctor, nurse practitioner, or physician assistant) and/or Clinics and/or Hospitals for a patient to receive a specific medication or treatment.
Key Aspects of a Prescription:
- Medication Name – The name of the drug (brand or generic).
- Dosage – The amount of medication to be taken at one time.
- Frequency – How often the medication should be taken.
- Duration – How long the patient should take the medication.
- Route of Administration – How the medication should be taken (oral, injection, topical, etc.).
- Refills – The number of times the prescription can be refilled without a new doctor’s order.
- Patient Information – Name, age, and sometimes weight (especially for children).
- Prescriber Information – Doctor’s name, license number, and signature.
Types of Prescriptions:
- Paper Prescription – Handwritten or printed by the doctor.
- E-Prescription (Electronic Prescription) – Sent digitally to the pharmacy.
- Controlled Substance Prescription – For medications with higher potential for abuse, requiring stricter regulations.
- PRESCRIBED PRODUCTS AND SERVICES BY EXPERT AND ESTABLISHMENT
Refer to medical treatments, medications, or interventions recommended by Expert and/or Clinic to address specific health conditions. These can include pharmaceutical drugs, medical devices, therapeutic procedures, or lifestyle modifications tailored to individual patient needs.
- TYPES OF SERVICES AVAILABLE IN AYKA
AYKA offers a range of healthcare product and services, with ensuring comprehensive healthcare access for users. Such Product and services can be of AYKA and/or from AYKA Expert and/or from Third Party Companies, that are officially authorised under the terms of AYKA. The Product and Services sell by AYKA Expert and Third-Party Companies, shall be bind under the terms of this agreement and the agreement sign with AYKA and the subscription plans they onboard within.
AYKA Healthcare Services: –
AYKA offers tailored subscription plans for healthcare professionals and clinics, enabling them to connect with patients both online and offline.
- Subscription-Based Healthcare Plans
- AYKA Clinic Subscription Plans – Access to a range of healthcare services based on tailored subscription models.
- Dedicated platform for clinics to enhance patient engagement.
- Online and in-clinic appointment scheduling.
- Digital patient records management.
- Marketing and visibility boost through AYKA’s network.
- Access to telemedicine and home healthcare integrations.
- Expert Subscription Plans- For Healthcare Professionals like Doctors, Nurses, and others who works in Healthcare Industry.
- Doctor Subscription Plans
- Profile listing on AYKA’s platform for increased patient reach.
- Video consultations for remote patients.
- In-clinic appointment management.
- Home visit scheduling for personalized care.
- Secure patient communication and follow-ups.
- Integration with AYKA’s insurance and lab testing partners.
- Nurse Subscription Plans
- Homecare service requests from patients.
- Connection with hospitals, clinics, and private patients.
- Appointment scheduling and case tracking.
- Training and certification programs for skill enhancement.
- Digital platform for profile management and service offerings.
- Doctor Subscription Plans
- AYKA Clinic Subscription Plans – Access to a range of healthcare services based on tailored subscription models.
- Patient-Centered Services
- Online Telemedicine Services
- Standard Video Consultations – Remote medical consultations with doctors.
- Emergency Video Consultations – Immediate access to healthcare professionals for urgent medical needs.
- Hybrid Healthcare Services
- In-Clinic Consultations – Face-to-face visits at AYKA-affiliated clinics.
- Home Healthcare Services – Medical assistance and nursing care at the patient’s home.
- Consultations with Specialist Doctors – Appointments with certified healthcare professionals across various specialties.
- Nursing Services – Professional nursing care, including in-home and clinical support.
- Online Telemedicine Services
- Healthcare Career & Training
- Career Hiring Services – Recruitment and placement services for medical professionals.
- Medical Rooms & Facility Rentals – Providing fully equipped medical spaces for healthcare professionals.
- Events & Training Programs – Workshops, professional training, and medical seminars.
- Third-Party Healthcare Services
- Health Insurance Assistance – Guidance and support in selecting and managing health insurance plans.
- Diagnostic & Lab Testing Services – Collaboration with accredited laboratories for medical testing.
Whereas, The services listed above are subject to change and may be modified, expanded, or discontinued over time based on AYKA’s future growth and evolving healthcare needs.
- PRODUCT AND SERVICE’S TIMELINE AND COUNT
A decided and pre-informed timeline and the count of services by the Expert / Third Party Companies / Sellers to the User as a Patient / Buyers. Herein, the seller obliges to maintain and provide the service the timeline and count at all priorities. The Buyers must understand and respect the given timeline and count informed by the Sellers.
- PARTNER
A “Partner” in the AYKA ecosystem refers to freelance individuals or organizations working independently to sell AYKA’s products and/or services, or those offered by AYKA users. These partners operate on a commission or revenue-sharing basis, leveraging their expertise and networks to drive sales without being directly employed by AYKA. They function as external sales agents, business affiliates, or resellers, contributing to AYKA’s growth while earning based on their performance.
- THIRD-PARTY COMPANIES
Third-Party Companies are independent organizations that collaborate with AYKA to sell their products and services. These companies operate separately from AYKA but work in partnership to enhance distribution, expand market reach, and leverage AYKA’s network, resources, or branding. The collaboration may include co-branding, reselling, outsourcing, or integrating products and services to create added value for customers.
- CAREER
“Career” is a feature provided to Experts where they can create their portfolio to apply for job vacancies in Healthcare Industries through AYKA. This feature may come in Paid subscription plan under AYKA Platforms, that will be provided to the Users as per it’s subscription Terms and Conditions.
- ORDER
Orders are the formal agreements between a Buyer and Seller. Whereas the Buyer is willingly buying and/or purchasing the product and/or services of Seller. Whereas, once payment is confirmed, your Order will be created. An Order is marked as Complete after it is marked as “Complete or Delivered” and then accepted by a Buyer. An Order will be automatically marked as “Complete” if not accepted and no request for modification was submitted within 24 Hours after the Order Purchased.
- ESTABLISHMENT
“Establishment” is the term use to identify all the physical presence and/or facility of AYKA and/or under collaboration with Users and/or, Like AYKA Life, AYKA Clinic, AYKA Hospital etc whatsoever.
- AYKA LIFE
AYKA Life is the physical presence and/or the facility of AYKA that has been established with the Collaboration with Alliance and/or AYKA Directly globally. AYKA Life works and operate within its geographic location and zone provided by AYKA. In case of collaboration, AYKA Life runs as per the agreement agreed between the Alliance and AYKA, that may change time to time and as per the terms and conditions mentioned herein.
- WORK CONTRACT
The Expert who are selling their services or getting hired by the End Users through AYKA, will be bind under a work contract under which they will be obliged to provide and complete services they are promising. In case of any negligence of work promised, AYKA is authorised to take strict actions. The work contract of each service may vary as per the End User requirements and/or it will fall within the subscription plan taken by the Expert. If the work contract doesn’t fall under the subscription plans, the AYKA must send and official Email or sign a work contract specifically for that service on which the Expert will agree by replying to the email or by signing the work contract and must obey the terms of the work contract.
- ORDER PAGE
Order Page is where Buyers and Sellers communicate with each other in connection with an ordered Service.
- PROFILE
Profile is where eligible Expert / Sellers can showcase about themselves and the Services, they offer on AYKA based on specific Profession and skills. It includes all of their information, present a portfolio of other works, showcase their Professions and anything that could be helpful to Buyers / Patient / User.
- SERVICE TIMELINE
Service may come with a certain timeline and count decided and informed prior by Expert / Seller to Patient / Buyer. The User must respect the information provided before starting the work and must oblige the timeline and count the service comes under and herein. Once an Order is delivered and marked as completed, Buyers may choose to either continue with the Order and pay for the next Order, or to stop the Order. A Timeline will be automatically marked as complete if no acceptance or request for modification were submitted at the time of making the Order and after the Delivery.
- PURCHASING
Please refer to the Payment Terms for making payments through the Platform and to learn about fees and taxes. You may not offer Sellers to pay or make payment using any method other than through the Platform. In case you have been asked to use an alternative payment method, please report it immediately to Customer Support here.
- RECOMMENDATION SYSTEM
We make personalized recommendations of content to our users to enhance the experience on AYKA. To learn more about AYKA’s Recommendation System, see here.
- HANDLING ORDERS
When a Buyer places an Order, the Seller is notified by email as well as notifications on the Platform while logged into the account. Sellers are required to meet the delivery time they specified when updating their product and or services on Platform. Failing to do so will allow the Buyer to cancel the Order when an Order is marked as late and may harm the Seller’s Profile and Review. Sellers must send completed files and/or proof of work when marking the Order as “Delivered”. Order Completion may not be abused by Sellers to circumvent Order guidelines described in these Terms. Using the Order Completion when an Order was not fulfilled may result in a cancellation of that Order after review, affect the Seller’s rating and result in a warning to Seller. Users are responsible for scanning all transferred files for viruses and malware. AYKA will not be held responsible for any damages which might occur due to site usage, use of content or files transferred.
- REVIEW
Reviews provided by Buyers are an essential part of AYKA’s rating system. To Learn more about AYKA’s review system, please see here.
- Reviews will not be removed unless there are clear violations of our Terms.
- To prevent any misuse of our review system, all reviews must come from legitimate and eligible orders, as further detailed here. Purchases arranged, determined to artificially enhance Seller ratings, or to abuse the Platform, may result in a permanent suspension of all related accounts.
- Withholding the delivery of services, files, or information required to complete the Order with the intent to gain favourable reviews or additional services is prohibited. Sellers may not solicit the removal of feedback reviews from their Buyers through mutual cancellations.
- Once both Seller and Buyer have completed their reviews, or the applicable review period has passed, all posted reviews are made public.
- Work Samples are added to a Seller’s Gig gallery on their Gig Page if the Buyer chooses to publish the Work Sample while providing a public feedback review. Work Samples are the delivered images and videos sent to a Buyer in a delivery message.
OVERVIEW MAIN TERMS AND CONDITIONS:
- Only registered users may buy and sell on AYKA. In registering for an account, you agree to provide us with accurate, complete and updated information regarding your business or personal details, and update such details as required, without undue delay. In addition, you must not create an account for fraudulent or misleading purposes. You are solely responsible for any activity on your account and for maintaining the confidentiality and security of your password. We are not liable for any acts or omissions by you in connection with your account.
- Sellers determine their pricing, at their sole discretion as per the subscription terms they are bind within. AYKA reserves the right to set a higher and/or lower base price as may require and necessity notice by AYKA. The term Necessity here means the market situation, competitor analysis, current trends etc, whatsoever.
- Buyers pay AYKA in advance to create an Order, as further detailed on the Payment Terms and the process mentioned on Platform and/or agreement signed between AYKA and Buyer.
- For fees and payments please read the Order Page and Payment Terms.
- Sellers must fulfil their Orders and may not cancel Orders on a regular basis or without cause. Cancelling Orders will affect Sellers’ reputation and level. According to the service satisfaction Seller may receive reviews that will create its reputation on Platform and may open multiple other opportunities that AYKA may activate in the future.
- Users may not offer or accept payments using any method other than placing an Order through AYKA Platform and/or AYKA Providing communicating process.
- When purchasing on AYKA, Buyers are granted all rights for the delivered work, unless otherwise specified by the Seller on their Profile page or unless agreed otherwise between Seller and Buyer. Note: some Product and Services charge additional payments, that may vary and informed prior to the Buyer.
- The User rating is calculated based on the reviews posted by End User. High ratings allow Expert to obtain advanced approach to gain more orders. In certain cases, exceedingly low ratings may lead to the suspension of the User’s account.
- Sellers are responsible to cover all risks associated with the performance of their services.
- To become an Expert / Seller in AYKA, the user must provide all required documentation otherwise AYKA will not activate their profile. In case of finding fake information by Users, AYKA may restrict or suspend the account.
- Product and Services and/or Users may be removed by AYKA from the Site for violations of the Terms, which may include (but are not limited to) the following violations and/or materials:
- Illegal or fraudulent services
- Copyright Infringement, trademark infringement, and violation of a third party’s terms of service reported through our Intellectual Property Claims Policy found here
- Adult oriented services, pornographic, inappropriate/obscene
- Posting Services that doesn’t comes under User Forte and doesn’t match the skills and experience of the User.
- Spam, nonsense, violent or deceptive Services
- Service misleading to Buyers or others
- Reselling of regulated goods
- Low quality services or deliveries
- Promoting AYKA and/or AYKA Services through activities that are prohibited by any laws, regulations and/or third parties’ terms of service, as well as through any marketing activity that negatively affects our relationships with our users or partners.
- Services that are removed for violations mentioned above, may result in the suspension of the User’s account.
- Services and /or Users that have been permanently removed for violations are may not eligible to be restored or edited.
- Services may be removed from our listings due to violations of our Terms, poor performance, and/or user misconduct.
- Violations of AYKA TERMS AND CONDITIONS, may result in your account being placed on hold from progress and/or may terminated permanently from AYKA.
- Each of User as Patient / Buyer and User as Expert / Third Party Companies / Seller can terminate their work contract at any time as per the terms mentioned herein and/or on work contract and/or subscription terms and/or agreement they are coming under with AYKA.
- Expert / Sellers acknowledge and understand they will not be paid for any reported time exceeding the time Limit as well as any time significantly exceeding the time estimation.
- In case of Buying Products, AYKA does not handle or guarantee shipping, tracking, quality, and condition of items or their delivery and shall not be responsible or liable for any damages or other problems resulting from shipping. A tracking number is a great way to avoid disputes related to shipping. We require entering the tracking number if available in the Order Page when delivering your work.
USER CONDUCT AND PROTECTION:
AYKA enables people around the world to create, share, sell and purchase all Product and/or Service that are approved under AYKA Terms at an unbeatable value. AYKA maintains a friendly, community spirited, and professional environment. Users should keep to that spirit while participating in any activity or extensions of AYKA. This section relates to the expected conduct users should adhere to while interacting with each other on AYKA. To report a violation of our Terms, User Misconduct, or inquiries regarding your account, please contact our Customer Support team here;
- Basic Terms
- Requesting or providing email addresses, third party messaging applications, telephone numbers or any other personal contact details to communicate outside of AYKA in order to circumvent or abuse the AYKA messaging system or AYKA platform is not permitted.
- Any necessary exchange of personal information required to continue a service may be exchanged within the Order Page.
- AYKA does not provide any guarantee of the level of service offered by Sellers to Buyers. You may use the dispute resolution tools provided to you in the Order Page.
- AYKA does not provide protection for users who interact outside of the Platform.
- All information and file exchanges must be performed exclusively on the Site.
- Rude, abusive, or improper language, and violent or threatening messages will not be tolerated and may result in an account warning or the suspension/removal of your account.
- You undertake not to discriminate against any other user based on gender, race, age, religious affiliation, sexual orientation or otherwise and you acknowledge that such discrimination may result in the suspension/removal of your account.
- Users may not submit proposals or solicit parties introduced through AYKA to contract, engage with, or pay outside of AYKA.
- Order Terms
- Users with the intention to defame competing Sellers by ordering from competing services will have their reviews removed or further account status related actions determined by review by our Trust & Safety team.
- Users are to refrain from spamming or soliciting previous Buyers or Sellers to pursue removing/modifying reviews or cancelling Orders that do not align on Order Cancellation or Feedback policies.
- Order & Seller Page
- Sellers warrant that any content included in their Services, Order Page and Seller Page, is legally licensed, and does not infringe any third-party rights, including, without limitation, copyrights, trademarks or service marks. The Seller guarantee represent and warrant that they hold a valid license to provide such product and/or services.
- Users may report services, that may be in violation of AYKA’s Terms based on the reported services through our reporting system or to Customer Support. AYKA will respond to clear and complete notices of alleged copyright or trademark infringement.
- Reporting Violations
- If you come across any content that may violate our Terms and/or our Community Standards, you should report it to us through the appropriate channels created to handle those issues as outlined in our Terms. All cases are reviewed by our Trust & Safety team. Our decision, among others, may rely on the information that you provided to us. To protect individual privacy, the results of the investigation are not shared. You can review our Privacy Policy for more information. Any misuse of our reporting system, as further detailed here, may result in a restriction or a permanent suspension of the related accounts.
- Violations
- Users may receive a warning to their account for violations of our Terms or any user misconduct reported to our Trust and Safety team. A warning will be sent to the user’s email address and will be displayed for such user on the Site. Warnings do not limit account activity, but can result in your account being placed on hold from progress in the leveling system, excluding your account from participation in the leveling system, affect your eligibility to certain benefits and tools, remove your Product and/or Services from our listings or lead your account to becoming permanently disabled.
- If we have taken action against a user’s account or a product and/or services, for the violation of our Terms, we will send the user an email explaining the reasons and basis for such actions as well as their options regarding an additional review. For more information see our Notices and Appeals section.
- Non-Permitted Usage
- Adult Services & Pornography – AYKA does not allow any exchange of adult oriented or pornographic materials and services.
- Inappropriate Behavior & Language – Communication on AYKA should be friendly, constructive, and professional. AYKA condemns bullying, harassment, and hate speech towards others. We allow users a medium for which messages are exchanged between individuals, a system to rate orders, and to engage on larger platforms such as our Community Forum and Social Media pages.
- Phishing and Spam – Members’ security is a top priority. Any attempts to publish or send malicious content with the intent to compromise another member’s account or computer environment is strictly prohibited. Please respect our members privacy by not contacting them with offers, questions, suggestions or anything which is not directly related to their Services or Orders.
- Privacy & Identity – You may not publish or post other people’s private and confidential information or send it to someone else. Any exchange of personal information required for the completion of a service must be provided in the Order Page. Sellers further confirm that whatever information they receive from the Buyer, which is not public domain, shall not be used for any purpose whatsoever other than for the delivery of the work to the Buyer. Any users who engage and communicate off of AYKA will not be protected by our Terms of Service.
- Authentic AYKA Profile – You may not create a false identity on AYKA, misrepresent your identity, create a AYKA profile for anyone other than yourself (a real person), or use or attempt to use another user’s account or information; Your profile information, including your description, skills, location, etc., must be accurate and complete and may not be misleading, illegal, offensive or otherwise harmful. AYKA reserves the right to require users to go through a verification process in order to use the Site (whether by using ID, phone, camera, register excerpts, documents, etc.).
- Intellectual Property Claims – AYKA will respond to clear and complete notices of alleged copyright or trademark infringement, and/or violation of third party’s terms of service. Our Intellectual Property claims procedures can be reviewed here.
- Fraud / Unlawful Use – You may not use AYKA for any unlawful purposes or to conduct illegal activities, including to bypass economic sanctions or trade restrictions imposed by the United States, European Union or any other applicable jurisdiction.
- Abuse and Spam
- Multiple Accounts – To prevent fraud and abuse, users are limited to one active AYKA account. Any additional account determined to be created to circumvent guidelines, promote competitive advantages, or mislead the AYKA community will be disabled. Mass account creation may result in disabling of all related accounts. Note: any violations of AYKA’s Terms may be a cause for permanent suspension of all accounts.
- Targeted Abuse – We do not tolerate users who engage in targeted abuse or harassment towards other users on AYKA. This includes creating new multiple accounts to harass members through our message or ordering system.
- Selling Accounts – You may not buy or sell AYKA accounts.
- Disputes and Cancellations
- We encourage our Users, Expert, Alliance, Buyers and Sellers to try and settle conflicts amongst themselves. If for any reason this fails after using the Resolution Centre or if you encounter non-permitted usage on the Platform, users can contact AYKA’s Customer Support department for assistance here. For more information about disputes, Order cancellations and refunds please refer to the Payment Terms.
- Content Moderation, Notices and Appeals
- AYKA is generally not obligated to proactively check the content posted by users for its legality or compatibility with Terms. We are nonetheless entitled to carry out voluntary checks on our own initiative to identify and determine illegal or incompatible content and to take appropriate measures. We may take appropriate actions if we find, or are notified of, a violation of the Terms. For more information on our content moderation processes, see here.
- If AYKA takes action concerning you, your account or content, you can file a complaint against this decision. You may also file a complaint if you disagree with our decision following a notice you submitted. In both cases, the deadline for submitting a complaint is six months following the notification of the respective decision to you. You may file a complaint by contacting our Customer Support. Please explain in your complaint why you believe we should reverse our decision.
- We will handle complaints in a timely, non-discriminatory, diligent, and objective manner and will reverse our decision if we come to the conclusion that it has been taken erroneously.
- If you have your place of establishment or are located in the European Economic Area (EEA), you may select a out-of-court dispute settlement bodies that have been certified in accordance with Art. 21 (3) of the EU Digital Services Act (“Dispute Settlement Body”) to resolve disputes relating to our decisions concerning content you uploaded or notices you submitted, including complaints that our internal complaint-handling system did not resolve.
- We reserve the right to refuse to cooperate with the selected Dispute Settlement Body if: (i) the respective dispute has already been resolved or is already subject to an ongoing procedure before the competent court or before another competent Dispute Settlement Body; or (ii) the six-months period from notification of our decision to you has expired without you filing a complaint through our internal complaint-handling or addressing the Dispute Settlement Body.
- The decisions of Dispute Settlement Bodies are not binding on either party.
- Proprietary Restrictions
- The Site, including its general layout, look and feel, design, information, content and other materials available thereon, is exclusively owned by AYKA and protected by copyright, trademark, and other intellectual property laws. AYKA® and platform are all registered trademarks owned exclusively by AYKA. Users have no right, and specifically agree not to do the following with respect to the Site or any part, component or extension of the Site (including its mobile applications): (i) copy, transfer, adapt, modify, distribute, transmit, display, create derivative works, publish or reproduce it, in any manner; (ii) reverse assemble, decompile, reverse engineer or otherwise attempt to derive its source code, underlying ideas, algorithms, structure or organization; (iii) remove any copyright notice, identification or any other proprietary notices; (iv) use automation software (bots), hacks, modifications (mods) or any other unauthorized third-party software designed to modify the Site; (v) attempt to gain unauthorized access to, interfere with, damage or disrupt the Site or the computer systems or networks connected to the Site; (vi) circumvent, remove, alter, deactivate, degrade or thwart any technological measure or content protections of the Site; (vii) use any robot, spider, crawlers or other automatic device, process, software or queries that intercepts, “mines,” scrapes or otherwise accesses the Site to monitor, extract, copy or collect information or data from or through the Site, or engage in any manual process to do the same, (viii) introduce any viruses, trojan horses, worms, logic bombs or other materials that are malicious or technologically harmful into our systems, (ix) use the Site in any manner that could damage, disable, overburden or impair the Site, or interfere with any other users’ enjoyment of the Site or (x) access or use the Site in any way not expressly permitted by the Terms. Users also agree not to permit or authorize anyone else to do any of the foregoing.
- Except for the limited right to use the Site according to these Terms of Service, AYKA owns all right, title and interest in and to the Site (including any and all intellectual property rights therein) and you agree not to take any action(s) inconsistent with such ownership interests. We reserve all rights in connection with the Site and its content (other than UGC) including, without limitation, the exclusive right to create derivative works.
- Feedback Rights
- To the extent that you provide AYKA with any comments, suggestions or other feedback regarding the platform, as well as other AYKA products or services (collective, the “Feedback”), you will be deemed to have granted AYKA an exclusive, royalty-free, fully paid up, perpetual, irrevocable, worldwide ownership rights in the Feedback. AYKA is under no obligation to implement any Feedback it may receive from users.
- Confidentiality
- Sellers should recognize that there might be a need for Buyers to disclose certain confidential information to be used by Sellers for the purpose of delivering the Services, and to protect such confidential information from unauthorized use and disclosure. Therefore, Sellers agree to treat any information received from Buyers as highly sensitive, top secret and classified material. Without derogating from the generality of the above, Sellers specifically agree to (i) maintain all such information in strict confidence; (ii) not disclose the information to any third parties; (iii) not use the information for any purpose except for delivering the Services; and (vi) not to copy or reproduce any of the information without the Buyer’s permission.
YOUR SUBMISSIONS:
The Platform may invite users to communicate with one another via chat areas and bulletin boards. Some Platform may also enable users to submit materials to be viewed by or shared with other users. Any communication and/or submission(s) (collectively, “Submissions”) made on any Platform, including, but not limited to, any notes, reviews, bulletin board postings, ideas, suggestions, concepts, artwork, photographs and will become the property of AYKA and can be used in any manner or form throughout the world without any time or other restrictions. AYKA shall be entitled to edit such Submissions as it sees fit, and it shall have no obligation to use material submitted. You are solely and fully responsible for the content of any of your Submissions to any AYKA Platform. Your Submissions must strictly conform to the following guidelines:
- Your Submissions to the Platform must originate with you and be accurate and current. Your Submissions must not infringe any third-party rights, including, but not limited to, copyright, trademark, publicity, or privacy rights.
- Your Submissions must not be fraudulent, libellous, defamatory, obscene, pornographic, harassing, abusive, threatening, racially offensive, offensively directed towards people based on their gender or sexual orientation or be otherwise objectionable. If there is any question as to what constitutes objectionable material under these Terms of Use, AYKA is the final arbiter of what does or does not constitute objectionable material.
- Your Submissions must not be harmful to minors in any way.
- Your Submissions must not advertise or solicit funds.
- Your Submissions must not use the AYKA Medicare Services Sites to advocate or offer instructions as to illegal activities or to violate any applicable laws.
- You may not make Submissions if you are under the age of 13.
Your Submissions must not be in violation of the guidelines set forth in these Terms of Use. Any such violation shall be a material breach of these Terms of Use. AYKA will remove from any AYKA Platform without prior notice any Submissions that violate any provision of these Terms of Use and will cooperate fully with any law enforcement officials and/or agencies in the investigation of any violations. In addition, AYKA may immediately and without prior notice terminate the right to access the Platform of any user who violates these Terms of Use. You further agree that you will not circumvent our security features, corrupt any content or files on or obtained from any AYKA, interfere with or in any way disrupt our service or servers, or networks connected to our service or servers, or otherwise violate any applicable law or regulation or these Terms of Use.
DOWNLOADING MATERIAL FROM THE AYKA:
You are permitted to download only those materials specifically available to download from any AYKA Platform for your personal use. Any material available for downloading from a AYKA Platform may not be used for any other purpose other than your personal non-commercial home use. You must not remove any notices or credits on the downloaded materials or delete, add, or otherwise modify the content of any such downloaded materials, unless you have prior written permission from AYKA to do so.
PARTNER PLATFORMS/LINKED PLATFORMS:
This Platform may contain links to other Platforms. Unless expressly stated, these Platforms are not under our control or that of our affiliates. We assume no responsibility for the content of such Platforms and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another Platform on this Platform does not imply any endorsement of the Platforms themselves or of those in control of them. AYKA does not review, endorse, or control any content, advertising, products, services, or other materials on or available through those Platforms, nor is it responsible for any viruses, Trojan horses, or other items of a potentially destructive nature that they may contain.
Your correspondence or business dealings with advertisers, partners, or other third parties through any AYKA Platform, including payment for and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third parties. You agree that AYKA and the AYKA Platforms will not be responsible or liable for any loss or damage of any sort arising out of any such dealings or as a result of the link to their Platforms on any AYKA Platform.
USER CONTENT:
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this Platform, for whatever purpose. You grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights. Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law). You must not submit any user content to the Platform that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint. We reserve the right to edit or remove any material submitted to this Platform, or stored on our servers, or hosted or published upon this Platform. Notwithstanding our rights under these terms and conditions in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, this Platform.
USER GENERATED CONTENT:
User Generated Content (“UGC”) refers to the content uploaded by users as opposed to content created by the Site. All content uploaded to the Site by our users (Buyers and Sellers) is User Generated Content. AYKA does not proactively check UGC for appropriateness, violations of copyright, trademarks, other rights or violations and the user uploading/creating such content shall be solely responsible for it and the consequences of using, disclosing, storing, or transmitting it. By uploading to, or creating content on, the Site, you represent and warrant that you own or have obtained all rights, licenses, consents, permissions, power and/or authority, necessary to use and/or upload such content and that such content or the use thereof in the Site does not and shall not (a) infringe or violate any intellectual property, proprietary or privacy, data protection or publicity rights of any third party; (b) violate any applicable local, state, federal and international laws, regulations and conventions; and/or (c) violate any of your or third party’s policies and/or terms of service. We invite everyone to report violations together with proof of ownership as appropriate. Violating content may be removed or disabled. To learn more on our reporting tools, see here.
Furthermore, AYKA is not responsible for the content, quality or the level of service provided by the Sellers, User, Experts, Alliance whatsoever. We provide no warranty with respect to Services on AYKA, their delivery, any communications between Buyers and Sellers. We encourage users to take advantage of our rating system, our community and common sense in choosing appropriate services. By offering a Service, the Seller undertakes that they have sufficient permissions, rights and/or licenses to provide, sell or resell the service that is offered on AYKA. Sellers advertising online their Services, including Order Page, Seller Page, or product and/or services must comply with laws and terms of service of the advertising platform or relevant website used to advertise. Failing to do so may result in removal of the product and/or services and/or the user, as applicable, and may lead to the suspension of Seller’s account.
For specific terms related to Intellectual Property rights and for reporting claims of copyright infringement or trademark infringement – please see our Intellectual Property Claims Policy which forms an integral part of the Terms. Note that it is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
OWNERSHIP:
Ownership and limitations: When purchasing a Service on AYKA, unless clearly stated otherwise on the Seller’s Service page/description or in the Custom Offer, when the work is delivered, and subject to payment, the Buyer is granted all intellectual property rights, including but not limited to, copyright in the work delivered from the Seller, and the Seller waives any and all moral rights (to the extent permitted by applicable law) therein. Accordingly, the Seller expressly assigns to the Buyer the copyright in the delivered work. All transfer and assignment of intellectual property to the Buyer shall be subject to full payment, and the delivery may not be used if payment is cancelled for any reason. If you intend to use it for any charge or other consideration, or for any purpose that is directly or indirectly in connection with any business, or other undertaking intended for profit, such cases straight lead towards the violation of AYKA terms and gives the permission to AYKA act legally against the User.
Furthermore, users (both Buyers and Sellers) agree that unless they explicitly indicate otherwise, the content users voluntarily create/upload to AYKA, including profile text, other page texts, photos, videos, usernames, user photos, user videos and any other information, including the display of delivered work, may be used by AYKA for no consideration for marketing purposes and/or other purpose relevant for the operation and function of the Site.
DISCLAIMER OF WARRANTIES:
Your use of the platform and AYKA services, its content and any services or items obtained through the site is at your own risk. The site, its content and any services or items obtained through the site are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied, provided that we have acted with reasonable professional diligence. Neither AYKA nor any person associated with AYKA makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the site.
The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.
MACHINE TRANSLATION:
Certain user-generated content on the Site has been translated for your convenience using translation softwares powered by third party companies. Reasonable efforts have been made to provide an accurate translation, however, no automated translation is perfect nor is it intended to replace human translators. Such translations are provided as a service to users of the Site, and are provided “as is”. No warranty of any kind, either expressed or implied, is made as to the accuracy, reliability, or correctness of such translations made from English into any other language. Some user-generated content (such as images, videos, Flash, etc.) may not be accurately translated or translated at all due to the limitations of the translation software. Third Party Companies disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties of merchantability, fitness for a particular purpose and noninfringement.
The official text is the English version of the Site. Any discrepancies or differences created in the translation are not binding and have no legal effect for compliance or enforcement purposes. If any questions arise related to the accuracy of the information contained in the translated content, please refer to the English version of the content which is the official version.
LIMITATION ON LIABILITY:
Provided that we have acted with reasonable professional diligence, in no event will AYKA, its affiliates or their licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the site, any websites linked to it, any content on the site or such other websites or any services or items obtained through the site or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
The foregoing does not affect any liability which cannot be excluded or limited under applicable law.
We will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
- For any direct loss;
- For any indirect, special or consequential loss; or
- For any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if we have been expressly advised of the potential loss. Content found on AYKA does not constitute any form of advice, recommendation, representation, endorsement or arrangement. The term “affiliate” referred to herein, is an entity that, directly or indirectly, controls, or is under the control of, or is under common control with AYKA.
DEACTIVATE AND DISABLE ACCOUNT:
AYKA reserves the right to put any account on hold or permanently disable accounts due to breach of the Terms, including low quality services or deliveries, or due to any illegal or inappropriate use of the Platforms or services.
Violation of AYKA’s Terms may get your account permanently disabled.
Users with disabled accounts will not be able to sell or buy on AYKA and related content may be removed. Please refer to the Terms, in particular the Content Moderation, Notices and Appeals section, for your rights to object to our decisions, or contact our Customer Support team for more information surrounding the violation and status of your account. Users may also deactivate their account with AYKA at any time from their account settings. Users that deactivate their account will still be responsible for any outstanding payment obligations. Any provisions of the Terms that relate to the relation between a Seller and a Buyer regarding Orders on AYKA will remain in effect even after you deactivate your account, or after your access to AYKA is disabled.
GENERAL TERMS:
AYKA may make changes to these Terms from time to time. When these changes are made, AYKA will make a new copy of the Terms available on the respective page.
You understand and agree that if you use AYKA after the date on which the Terms have changed, AYKA will treat your use as acceptance of the updated Terms. If you do not agree to the changes of the Terms, you will have to deactivate your account. AYKA Platform is an aggregate platform where buyers and sellers can connect and interact under their respective terms and laws created by the company. Viewing each page of the Platform or using this platform will carry below terms as per each category.
- Company shall consider vendor and the buyer both as the user of this platform. However, vendor buyer shall get their different user login to provide best support as per the category the user is joining the platform.
- The user who use our vendor platform to display and sell its product and services shall be known as the vendor(s). As the vendor the user will get the full access of the vendor dashboard through which the user is only allow to sell its product and services however to purchase any product and service of any other vendor the user has to create a buyer user account separately.
- The user who use our buyer platform to check and purchase the product and services of vendors shall be known as the buyer(s). As the buyer the user will get the full access of the buyer dashboard through which the user can check all the products and services and can place an order at its own will and interest. However, to sell its product and services the user have to create a vendor user account separately.
MANAGEMENT FEES AND TRANSACTION FEES:
“Management Fees” and Transaction Fees (collectively may refer means the “Fees”, AYKA Fees”) AYKA shall charge on total selling price of the product and services order place by a buyer. It means AYKA will charge fees on total amount paid by the buyer on each respective order.
SUBSCRIPTION PACKAGE:
Subscription Package (refer as “Subscription”), AYKA offers specialized subscription packages designed for Buyer, Seller, Experts, Users and Establishments, whatsoever, enabling them to connect with each other, both online and offline. These packages provide healthcare professionals with enhanced visibility, appointment management, and patient engagement opportunities, ensuring a seamless and efficient practice. These Subscriptions will be available on AYKA Platform from where all Users can buy directly get the benefits as per each subscription and choose from monthly, quarterly, or annual subscriptions based on your needs. AYKA reserves the right to modify, expand, or discontinue these services over time based on future growth and industry trends.
When you purchase a subscription, you must provide us with complete and accurate payment information. By submitting payment details you promise that you are entitled to purchase a subscription using those payment details. If we do not receive payment authorization or any authorization is subsequently cancelled, we may immediately terminate or suspend your access to your subscription. In suspicious circumstances we may contact the issuing bank/payment provider and/or law enforcement authorities or other appropriate third parties.
We reserve the right to review and change the fees payable under these terms and conditions. We will notify you as soon as reasonably practicable of any proposed change to the fees payable under these terms and conditions. If you do not accept the proposed change, you may, within 30 days of receipt of such notice cancel your subscription upon written notice to AYKA communication electronical mails.
RENEWALS & CANCELLATIONS:
AYKA offers daily, weekly and annual subscriptions. Annual subscriptions are renewed automatically, unless you cancel your membership in your account settings. Daily and weekly subscriptions are not renewed automatically.
You do not have any right to cancel your subscription or any part of it until the end of your current subscription period. Although you may notify us of your intention to cancel at any time, such notice will only take effect at the end of your current subscription period, and you will not receive a refund. If you cancel your whole account before the full subscription period finishes, you will have no right for a refund and will lose access to AYKA Care.
We reserve the right to suspend or terminate your subscription, if you breach these terms and conditions, with or without notice and without further obligation to you. We may also suspend or terminate your subscription if we are prevented from providing services to you by circumstances beyond our control. In these extraordinary circumstances, no refund will be due.
ORDER PLACEMENT AND SHIPPING:
User as buyer can check out the products and services and can file order form and make payment to place an order. AYKACARE, only provides a platform with best technical support. However, after placing the order the order information will be provided to the vendor of that particular product and Service. The vendor will have complete responsibility to packaging, shipping / delivery of the product and service on time with its best. Any fault in order, product, service, shipping, delivery, packaging in whatsoever, the AYKA will not be responsible and vendor must take the full responsibility to resolve the concern of its buyer by its own. The AYKA will deduct AYKA Fees and transfer the amount to the vendor account under the applicable days but only in the case of satisfied delivery. Satisfied delivery means where the buyer place and order, vendor delivered the product and service of that order, buyer received the product and service of that order- both party vendor and the buyer has successfully completed the task and declared that they are satisfied.
REFUND & EXCHANGE POLICY:
Company is not authorized for any refund or exchange or money transfer against any fault. If buyer is not satisfied with the product and service received by the vendor, in this case, vendor will be responsible. Under this scenario, both vendor and buyer must handle this case by their own and share the final conclusion with the company so that the company can transfer the order amount to the party they both decided shall receive. In the case of refund of the order amount, the company will deduct the require taxes whatever arrives in terms of receiving of the amount, transferring of the amount, company work fees and taxes of the government law under which the company is registered. For the best support, the company will provide the complete details of vendor and buyer to each other so that they can interact with each other directly and give the company the final result of conclusion to act.
REFERRAL POLICY:
Any user bring another user shall receive referral benefits. These will be monetary or non-monetary or both kind of benefits which company keep informing to the users as per company own decided timeframes. Such benefits are not fix and AYKA can open or close it at any point of time.
LEGAL SUIT AND LAW POLICY:
Under no circumstances, company is responsible for any kind of fault or fraudulent happened with any party /user. Company is only providing a platform to interact and sell/purchase product and service to all kind of users. Any case where any legal action taken against the company or company name is appearing on any legal cases, company is authorized to take legal action against that user(s). The user may loss it’s reputation and/or money if any such scenario arrives. Company can only support by giving the profile information’s of both users to respective users who are facing such issues.
AYKA may change these Terms due to changes in the Platform, the AYKA’s policies, the services and in the usual course of developing our product, changes in any relevant feature or functionality of the Platform, changes in circumstances beyond our reasonable control, to adapt to new technologies, and to address changes in law and regulatory requirements as well as security and fraud issues.
LAW AND JURISDICTION:
These terms and conditions will be governed by and construed in accordance with the law, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Saharanpur, Uttar Pradesh, India.
DISCLAIMER:
AYKA is not responsible for your use of any content found on or through any AYKA platform, including, without limitation, advertising and links. By using any AYKA platform you expressly agree that such use is at your sole risk. You agree that the content is offered “as is” and without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, noninfringement or fitness for a particular purpose. Some jurisdictions do not permit the exclusion of implied warranties, so this exclusion may not apply to you in full. This platform is the only a platform to connect vendors and service providers to their customers. For this platform everyone who is using the platform is the user and whatever sale of a product or service is taking place between the customer / consumer and product seller / service provider is and will be the deal of their own. AYKA will not take any responsibility and neither liable to pay against any false commitments or fraudulent happening with any party. Company can any time at any situations is authorised to make changes in its terms and conditions, policies and disclaimer. Under this, user must have full awareness that they has to keep checking the company terms and conditions, policies and disclaimer. Without reading all the legal terms, clauses, policies available in AYKA Platform if user is dealing with another user and issue arrive. In this case AYKA never be responsible.
AYKA will not be liable for any indirect, incidental, consequential, special, or exemplary damages (even if such damages are foreseeable or if we have been advised or have constructive knowledge of the possibility of such damages).
INDEMNIFICATION:
To the fullest extent possible pursuant to applicable law, you agree to defend, indemnify, and hold AYKA harmless, including its officers, directors, or shareholders, employees, affiliates and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including attorneys’ fees) arising from: (1) your violation of any of these Terms or any other AYKA Terms, policies and standards; (2) your violation of any third-party right, including any intellectual property right, access rights, property, or privacy right; and/or (3) any other type of claim that your Profile Page, Service Page, Seller Page, Services, your profile and/or your use of the Platform or AYKA services caused to a third party, provided that AYKA acts with reasonable professional diligence. AYKA reserves the right to handle its legal defense however it deems fit, even if you are indemnifying AYKA, in which case you agree to cooperate with AYKA so it can execute its strategy.
SEVERABILITY:
If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect. AYKA’s failure to enforce any part of the Terms is not a waiver of its right to later enforce that or any other part of the Terms.
ACCEPTANCE OF TERMS:
As per below mention points of acceptance, the user confirms that they have read, understood, and agreed to the terms and conditions outlined in this Agreement.
- By signing this agreement
- By becoming the user on our platform www.aykacare.in
- By buying the subscription package on our platform
- By responding via Electronic Mail (Email)
- By responding via WhatsApp and text messages
DATE OF AGREEMENT ACCEPTANCE TERMS:
Whenever the User joins the AYKA as per this agreement terms and conditions. Whereas, AYKA all terms and conditions and policies whatsoever, will be effective from the date mentioned here and this effective date will be applicable for all legal Terms created by AYKA. And can be modify time to time as AYKA requirement.
ENTIRE AGREEMENT:
Our Terms constitute the entire agreement concerning the subject matter therein, and supersede any other agreement regarding the Platform or services. This Agreement constitutes the entire understanding between the parties with respect to the subject matter herein and supersedes all prior agreements, whether written or oral, relating to such subject matter.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written.
INTERPRETATION:
Any heading, caption or section title contained herein, and/or any explanation or summary columns, is provided only for convenience, and in no way alters and/or amend the provisions within the Terms nor shall it legally bind us in any way. The original language of the Terms is English. AYKA makes this translation available for convenience only. In case of conflicts between the original English version and any translation, the English version shall prevail. For consumers only, if you are residing in the EEA, the interpretation more favourable with the consumer shall prevail.