Please read these terms and conditions carefully before using Our Service.
Interpretation and Definitions
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of these Terms and Conditions:
Application means the software program provided by the Company downloaded by You on any electronic device, named ORBISLIVES
Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the Application has been downloaded.
Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Country refers to: India
Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Orbislives Services Private Ltd, Orbislives Services Private Ltd.
Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
Free Trial refers to a limited period of time that may be free when purchasing a Subscription.
Services/Goods refer to the items or Services offered for sale.
Orders mean a request by You to purchase Services or Goods from Us.
Service refers to the Application.
Subscriptions refer to the services or access to the Service offered on a subscription basis by the Company to You.
Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
Responsible Use and Conduct
- In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.
- You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account/s.
- Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.
- Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.
- Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.
- You are solely responsible any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
- We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:
- Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
- Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
- Contains any type of unauthorized or unsolicited advertising.
iii. Impersonates any person or entity, including any Orbislives employees or representatives.
We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.
- You agree to indemnify and hold harmless ORBISLIVES and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.
ORBISLIVES (Marketplace) Platform
ORBISLIVES is a venue for connecting individuals/businesses (Customers) with Medical Professionals (Independent Contractors). As such; ORBISLIVES neither warrants nor has control over scheduling, quality, timeliness, failure to provide service, individual actions/behaviour, or legality of services provided by the Medical Professionals. Both customer and Medical Professionals are responsible for verifying state and local laws, codes, permits or other requirements in regards to requested/performed service.
Medical Professionals Credentials
Any and all background checks and drug screens are executed and maintained by
Medical Professionals displaying the Safe Tech badge have had their qualifications, certifications and/or references review and approved by authorized compliance analyst of ORBISLIVES.
Medical Professionals Profile Requirements
The Medical Professionals Profile must contain person specific, factual, and accurate information. All skills and capability listed will be verified. Falsified information may result in suspension and/or removal from the system. The Medical Professionals “About me” section may contain relevant personal information about the provider, work history, skill sets, capability, and experience. The Medical Professionals “profile image” if uploaded, must be a verifiable image of said provider.
Placing Orders for Goods or Services
By placing an Order for Goods or Services through the ORBISLIVES, you warrant that You are legally capable of entering into binding contracts.
If You wish to place an Order for Goods or Services available on the ORBISLIVES App, you may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information.
You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to us is true, correct and complete.
By submitting such information, you grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.
Confirmation of Booking
ORBISLIVES App shall, upon receiving the booking request from You, proceed to confirm or decline the booking based on the availability of Medical Professionals, which shall be informed to You vide an SMS or email or Push notifications. In the event the booking is confirmed, you shall check the booking details including but not limited to time and schedule, and if there is incorrect detail, the same needs to be informed to us immediately by calling our call center or Area Coordinators.
You shall bear the consequences and damages for any delay that may be caused to You due to Your failure to check the confirmation SMS or email or failure to inform ORBISLIVES App of the incorrect details immediately.
Prices, Fees and Contract Value
ORBISLIVES App shall charge Service Fee or Contract Value for the Service or Work rendered to you which shall be determined and amended at the sole and absolute discretion of ORBISLIVES App management team. The per diem rate/unit cost/Contract value finalized by ORBISLIVES is firm and final. The Convenience cost or Service Fees or base of Contract Value calculation shall be mentioned in our rate card or informed to you by ORBISLIVES App before our Medical Professionals start their activity based on your bookings.
Maximum service charge payable by End Customer on per services is 10% of the total bill excluding GST which will be paid to Company along with total bill.
Maximum service charge payable by Medical Professionals to company is same as per MEMORANDUM OF UNDERSTANDING (MOU) or 20% of the total bill on per services which will be paid to ORBISLIVES or deducted by ORBISLIVES from the total payout amount/Bill amount.
In addition to the Total Contract Value, Service Cost applicable Government Taxes or Duties You are not required to pay any such other charges.
The Total service fee or contract value will be collected by the Medical Professionals or through online payment system from You at the end or before of the contract or particular service.
ORBISLIVES App shall provide a receipt of the Total cost payable by You at the end of the service or contract.
All applicable taxes in respect of the contract, Convenience Fee, Additional Fee, Cancellation Fee shall be borne and payable by You to the ORBISLIVES App, as the case may be.
The Company reserves the right to revise its prices at any time prior to accepting an Order.
The prices quoted may be revised by the Company subsequent to accepting an Order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs and any other matter beyond the control of the Company. In that event, you will have the right to cancel Your Order.
All Goods purchased are subject to a one-time payment or Various Milestone base. Payment can be made through various payment methods we have available, such as Internet Banking, Visa, Master Card, Rupay Card, or online payment methods (UPI: PayPal/Paytm/Google Pay, for example).
Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If we do not receive the required authorization, we will not be liable for any delay or non-delivery of Your Order.
At no time will the Customer pay a Medical Professionals directly unless otherwise approved by ORBISLIVES. All transactions for service, parts, materials, and/or gratuity will be processed through ORBISLIVES.
Change orders- A change to the scope of work, parts or materials needed, price of services and /or any other modification to the original requested service. All change orders must be submitted through the ORBISLIVES platform.
The MEDICAL PROFESSIONALS shall be considered in default of their obligations under this terms & Conditions where:
- Fails to commence the work/Services as per agreed schedule with Customer without valid reason or negligence.
- The MEDICAL PROFESSIONALS fails to timely commence and proceed with the performance of the Work /Service or a part thereof which may, in the reasonable opinion of the END USER, substantially delay the completion beyond agreed schedule.
- The MEDICAL PROFESSIONALS fails to consistently meet the quality assurance or Safety requirements (such as Covid19 Protection Guidelines issued by Government or local authority) during the execution of the WORKS.
- The MEDICAL PROFESSIONALS dissolves, liquidates or terminates the MEDICAL PROFESSIONALS’s legal existence, other than by merger, sale, acquisition or re-organization into an AFFILIATE, or an order is made by a court or an effective resolution is passed for the dissolution, liquidation or winding up of their legal entity.
- Provided in the reasonable opinion of the END USER the default can be remedied by the MEDICAL PROFESSIONALS, the END USER/ORBISLIVES Customer care shall notify the MEDICAL PROFESSIONALS through ORBISLIVES specifying the default and requiring the MEDICAL PROFESSIONALS to commence the remedy of the default as soon as possible but in any event not later than two (2) days from the date of the notice and to remedy the default within a reasonable period as determined by the END USER.
- The MEDICAL PROFESSIONALS shall be responsible for obtaining all necessary approvals from the END USER. The MEDICAL PROFESSIONALS shall attend all necessary technical clarification meetings/Visits with the END USER. The MEDICAL PROFESSIONALS shall not proceed with any procurement, fabrication, assembly, or booking activity without obtaining the END USER’s approval of the relevant drawings/samples or other documents.
SUSPENSION OF SUBSCRIPTION
The ORBISLIVES management may, at its sole discretion and at any time, suspend the SUBSCRIPTION or any part of the SUBSCRIPTION by giving written suspension notice to the MEDICAL PROFESSIONALS specifying the part of the subscription to be suspended with reason for suspension and the effective date of suspension. If any of the Medical Professionals has been escalated for any of the default as mentioned above for more than 3 times or for any criminal offences.
We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited to:
- Goods availability
- Errors in the description or prices for Goods
- Errors in Your Order
We reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal transaction is suspected.
Your Order Cancellation Rights for Services
You agree and acknowledge that You may cancel Your service request at any point of time subject to a Cancellation Fee as explained below:
Cancellation Fee will not be charged for following situations
- If you cancel within 10 minutes after bookings confirmed.
- If a Medical Professionals/ORBISLIVES App cancel the services by themselves due to Technical problems or other internal issues.
- Resulted from the MEDICAL PROFESSIONALS’s breach of, or default under, the Terms & Conditions or failure to perform any of the MEDICAL PROFESSIONALS’s obligations under, the Terms & Conditions; or
- became necessary because of any negligence, error or other default on the part of the MEDICAL PROFESSIONALS; or
- was necessary for the health or safety of personnel or for the protection of the WORKS, any property or environment.
Cancellation Fee will be charged:
- 10% of Cancellation Fees If you cancel after 10 Minutes of bookings confirmed by Medical Professionals.
- 25% of Cancellation Fees If you cancel after 1 hour of any pre booked services confirmed by Medical Professionals.
- 50% of Cancellation Fees If you cancel after 8 hours of any pre booked services confirmed by Medical Professionals.
- 70% of Cancellation Fees If you cancel just 1 hour prior to scheduled date and Time.
- 90% of Cancellation Fees If you cancel from 1 hour prior to scheduled date and Time.
You shall be notified of the applicable Cancellation policy in advance whenever You attempt to cancel a booking/service request. The notification shall be on the Application and/or the Site.
ORBISLIVES App shall provide a receipt of the Cancellation Fee, if any, payable by You for every cancellation in terms of the table above for such cancellations,
The Cancellation Fee shall be payable by You at the completion period of Your subsequent services.
Your Order Cancellation Rights for Goods
Any Goods you purchase can only be returned in accordance with these Terms and Conditions and Our Returns Policy.
Our Returns Policy forms a part of these Terms and Conditions. Please read our Returns Policy to learn more about your right to cancel Your Order.
Your right to cancel an Order only applies to Goods or Services that are returned in the same condition as You received them. You should also include all of the products instructions, documents and wrappings. Goods that are damaged or not in the same condition as You received them or which are worn simply beyond opening the original packaging will not be refunded. You should therefore take reasonable care of the purchased Goods while they are in Your possession.
We will reimburse You no later than 14 days from the day on which We receive the returned Goods. We will use the same means of payment as You used for the Order, and You will not incur any fees for such reimbursement.
You will not have any right to cancel an Order for the supply of any of the following Goods:
- The supply of Goods made to Your specifications or clearly personalized.
- The supply of Goods which according to their nature are not suitable to be returned, deteriorate rapidly or where the date of expiry is over.
- The supply of Goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.
- The supply of Goods which are, after delivery, according to their nature, inseparably mixed with other items.
- The supply of digital content which is not supplied on a tangible medium if the performance has begun with Your prior express consent and You have acknowledged Your loss of cancellation right.
Availability, Errors and Inaccuracies
We are constantly updating Our offerings of Goods and Services. The Goods available on Our Service may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information regarding our Goods and Services and in Our advertising on other websites.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Force Majeure shall be limited to the following, and only insofar as there is material effect upon the performance of the work or any services:
- riot, war, invasion, act of foreign enemies, hostilities (whether war be declared or not), acts of terrorism, civil war, rebellion, revolution, insurrection of military or usurped power.
- Ionising radiations or contamination by radioactivity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel or radioactive, toxic, explosive, or other hazardous properties of any explosive nuclear assembly or nuclear component thereof;
- pressure waves caused by aircraft or other aerial devices travelling at sonic or supersonic speeds;
- earthquake, fire, named cyclone/hurricane/typhoon, tidal wave, explosion, and/or other natural physical disaster (but excluding other weather conditions, such as Inclement Weather, regardless of severity, which do not lead to one of the aforementioned events);
- strikes at a national level or industrial disputes at a national level, or strikes or industrial disputes by labour not employed by the affected party, its subcontractors or its suppliers and which affect a substantial or essential portion of the Work;
- maritime or aviation disasters;
- changes to any general or local Statute, Ordinance, Decree, or other Law, or any regulation or bye-law of any local or other duly constituted authority or the introduction of any such Statute, Ordinance, Decree, Law, regulation or bye-law.
- Boycotts or strikes, lockouts or other industrial disputes between the MEDICAL PROFESSIONALS or the SUB MEDICAL PROFESSIONALS and their employees or agents.
It is agreed by the PARTIES that the following events do not constitute FORCE MAJEURE:
- delays due to (in whole or in part) the lack of performance on the part of the MEDICAL PROFESSIONALS.
- insolvency or financial distress of either PARTY;
- contractual commitments made by the MEDICAL PROFESSIONALS to other customers or clients, which limit the ability of the MEDICAL PROFESSIONALS to complete the Works or Services in accordance with the terms and conditions and specific contract between parties;
- boycotts or strikes, lockouts or other industrial disputes between the MEDICAL PROFESSIONALS or the SUB MEDICAL PROFESSIONALS and their employees or agents;
- weather conditions, regardless of severity;
- breakdown of any equipment, plant or machinery used by the MEDICAL PROFESSIONALS or the SUB-MEDICAL PROFESSIONALS; and
- anything which results from compliance with any APPLICABLE LAW or the MEDICAL PROFESSIONALS’s inability to obtain any permit, quota, license or clearance from any authority.
The Service or some parts of the Service are available only with a paid Subscription. You will be billed in advance on a recurring and periodic basis (such as daily, weekly, monthly or annually), depending on the type of Subscription plan you select when purchasing the Subscription.
At the end of each period, Your Subscription will automatically renew under the exact same conditions unless You cancel it or the Company cancels it.
You may cancel Your Subscription renewal either through Your Account settings page or by contacting the Company. You will not receive a refund for the fees You already paid for Your current Subscription period and You will be able to access the Service until the end of Your current Subscription period.
You shall provide the Company with accurate and complete billing information including full name, address, state, Pin code, telephone number, and a valid payment method information.
Should automatic billing fail to occur for any reason, the Company will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
The Company, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period.
The Company will provide You with reasonable prior notice of any change in Subscription fees to give You an opportunity to terminate Your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes Your agreement to pay the modified Subscription fee amount.
Except when required by law, paid Subscription fees are non-refundable.
Certain refund requests for Subscriptions may be considered by the Company on a case-by-case basis and granted at the sole discretion of the Company.
The Company may, at its sole discretion, offer a Subscription with a Free trial for a limited period of time.
You may be required to enter Your billing information in order to sign up for the Free trial.
If You do enter Your billing information when signing up for a Free Trial, you will not be charged by the Company until the Free trial has expired. On the last day of the Free Trial period, unless You cancelled Your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription You have selected.
At any time and without notice, the Company reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free trial offer.
The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.
The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.
Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, your right to use the Service will cease immediately.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven’t purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.
"AS IS" and "AS AVAILABLE" Disclaimer
The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and Medical Professionals, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
Severability and Waiver
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, you agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
If you have any questions about these Terms and Conditions, you can contact us:
By email: email@example.com
By phone number: 08590490822
By mail: Serveeto Technologies Private Ltd, 1st Floor,
C/O (PAREETH A. A) ADAMBAYIL HOUSE MOOLEOADAM ROAD KOCHI Ernakulam KL 683104 IN