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TERMS AND CONDITIONS

Welcome to Nth Sense!

 

We are glad You took out Your valuable time to visit Our Site and/or to undertake the Nth Sense Survey.

Nth Sense is owned and operated by Health Please, a partnership registered under Partnership Act, 1932 having registered office at C-31, Liberty Phase 2, North Main Road, Koregaon Park, Pune, 411001.

The Terms and Conditions  (“Terms”) stipulated hereunder shall govern the Your view/access of the Site and/or participation in the Nth Sense Survey  undertaken through Nth Sense website (https://www.thenthSense.com/ ), mobile/tablet applications and any other modes of undertaking the Nth Sense Survey (hereinafter referred to as “Site”).

For the purpose of the Terms, wherever the context so requires and permits, "We", "Us", “Our/s” and/or "Nth Sense" shall refer to Health Please and its affiliates and the terms "You" and "Your/s" shall refer to You, as a User/s of Our Site. By viewing/ accessing/ downloading/ registering with Site and/or undertaking the Nth Sense Survey, You are agreeing to these Terms which conclude a legally binding Agreement between You and Health Please. If You do not agree to be bound by the Terms, please abstain/ refrain from and cease/ discontinue/ stop using the access of this Site.  

Health Please and User/s and/or participation in the Nth Sense Survey shall be individually referred to as a “Party” collectively referred to as the “Parties”.

 

This electronic record is generated by a computer system and does not require any physical or digital signature for it to be binding on parties.

 

  1. DEFINITIONS:

    1. “Applicable Laws” shall mean and include means any applicable and relevant law, statute, rule, regulation, ordinances, treaty, judicial precedent, order, judgment, decree, injunction, permit or decision of  government of India, court or other legislative body, having jurisdiction over or otherwise governing these presents, as may be in force from time to time, without regard to conflict of law principles.

    2. “Client” shall mean and include Persons who have approached and have requested Nth Sense to conduct Nth Sense Survey and/or to write health blogs the Site by stipulating the detailed specifications related to the request.

    3. “Information” shall mean and include the data which may be provided by the Participant while registering with Us through creation of  online account and such data provided while participating in Nth Sense Surveys, including but not limiting to:

      1. Personally Identifiable Information (hereinafter referred to as “Personally Identifiable Information /PII”) including but not limited to: Your name, address, age and date of birth, Your gender, marital status, Your e-mail address, Your contact number, Aadhar No./ PAN .

      2. Protected health information (hereinafter referred to as “Protected health information/PHI”) which is to be protected and secured by Nth Sense, including but not limited to:

        1. the health, including an illness, disability or injury, (at any time) of an individual or previous medical history of members of his family; or

        2. a health service provided, or to be provided, to an individual;

        3. Information in connection with the donation, or intended donation, by an individual of his or her body parts, organs or body substances;

        4. the previous, current and prospective health Information or medical history and/or medical condition, uploaded by the User/s time to time.

    4. “Nth Sense Survey” shall, include without limitation, a set of questionnaire including but not limiting to short answer questions, multiple choice questions, rate cards and brief  answers, asked from the User/s through Nth Sense Survey with respect to the specifications provided by the Client.

    5. “Person/s” shall mean and include any individual, company, partnership, limited liability partnership, limited liability company, business entities, association or corporation, whether incorporated or not.

    6. “Service” shall mean and include conducting of the Nth Sense Survey with respect to detailed specification/s provided by the Client(s) of Health Please and shall also include the writing of health blogs for Our Site or Client/s.

    7. “Reward Points” shall mean and include monetary benefits, including but not limiting to digital cash, cash cards, gift cards, discount coupons, discount coupons for other applications, vouchers which the User/s shall get in return while participating in the Nth Sense Surveys.

    8. “User/s” shall mean and include the Person/s who view/ access/ download/ register with Our Site and/or undertake the Nth Sense Survey.

    9. “Third Party” shall mean and include any individual, association, body corporate, organization entities, who are not under the purview of Nth Sense Terms of Use and the Terms mentioned herein under.

    10. “Wallet” shall mean and include an electronic account of User/s including but not limited to Paytm to receive the Reward Points by undertaking and completing of the Nth Sense Survey.

 

2. SERVICES AVAILABLE ON THIS SITE:

  1. Nth Sense caters to the health, fitness and lifestyles industry by conducting of health surveys through its Site. We conduct Nth Sense Surveys for various individuals, organizations, including but not limiting to Companies, Institutes, and NGO’s, so as to spread health care awareness.

    1. We make sure that it protects the anonymity of the User/s and take utmost care and protection to protect the privacy of the User/s participating in the Nth Sense Survey. Please read Nth Sense Privacy Policy at: https://www.thenthsense.com/privacypolicy hereinafter referred to as “Our Privacy Policy”).

    2. You need to follow the procedure detailed herein below to participate in the Nth Sense Survey:

      1. You need to register through Your e-mail id or phone number and create an account (hereinafter referred to as “Nth Sense Account”) on the Site for participating in the Nth Sense Survey/s.

      2. You shall have a right to exercise Your discretion to participate in the list of Nth Sense Survey/s contained on the Site.

      3. Once You agree and tender Your acceptance to participate in the respective Nth Sense Survey, the respective Nth Sense Survey shall be unlocked and You can answer/ provide feedback/ reply for the same.

      4. While You participate in Nth Sense Survey and answer questions, such Information You submit, automatically collected by Us through Your answers in the Nth Sense Survey may be processed/ analyzed/monetized and such Information may be shared with Our Clients.  

      5. After completion of Nth Sense Survey, We shall transfer the Reward Points in Your Account wallet, created on the Site, more specifically detailed in Clause 9 (Reward Points).

 

3. USE OF THE WEBSITE

  1. We are merely facilitators in the process of conducting the Nth Sense Survey, in collecting of Information from the User/s and in sharing it with its Clients. It shall be Your responsibility to ensure the validity and accuracy of such Information and You must ensure that You have all the rights and permissions needed to use that Information in connection with the Services provided on the Site. We are not responsible for any actions You take with respect to Your Information, including sharing it publicly.

  2. You also acknowledge that, in order to ensure compliance with legal obligations, We may be required to review periodically certain Information submitted by You through the Nth Sense Survey, to determine whether it is illegal or whether it violates these Terms (such as when unlawful Information is reported to us) and/or to determine if such Information violates privacy of any other User/s. We may also modify, prevent access to, delete, or refuse to display Information that We believe violates the law or these Terms.

 

4. REPRESENTATIONS AND WARRANTIES

You while undertaking the Nth Sense Survey represent and warrant that:

  1. You are eighteen (18) years of age or above and such representation shall amount to binding contract with Us. As a minor or a person of unsound mind or as a person who is incompetent to contract, if You wish to avail the Services or undertake the Nth Sense Survey, it shall be assumed that such use is made by You in the presence of an adult or Your legal guardian (by obtaining their consent) who is capable of agreeing to these Terms and such adult/guardian shall be liable in case of breach/default/ non-adherence/ non-compliance/ non-observance of these Terms.

  2. You agree to the collection/processing/use/storage/analyzation/monetization of Your Information is in accordance with Our Privacy Policy.  

  3. You agree that Your access/view of this Site and/or participation in the Nth Sense Survey is at Your own risk, including the risk that You may be exposed to content that may be inaccurate, offensive, objectionable or otherwise inappropriate.

  4. You agree that Your access/use of the Site may be modified/altered, updated, interrupted, suspended or discontinued at any time without giving prior notice and We shall not be held liable for such discontinuation/ modification/ alteration to the Site/ content or Information for any such inconvenience in whatsoever manner caused to You from accessing/viewing/ downloading.

  5. The Information You trade/ share with Us through the Nth Sense Survey is true and correct. You shall indemnify Us and Our Clients against any loss/ damage/ injury/ harm incurred/ suffered by/ caused to Us due to the reason of inaccuracy/ false/ incorrect Information and such indemnification shall be as per the indemnification process as detailed in Clause 11 (“Indemnity”) and You shall also be bound by the obligations as mentioned thereinunder.

  6. You have read and understood Our updated/changed/modified Terms as Your continued view/access of the Site and/or undertaking the Nth Sense Survey following the updates/modifications/changes shall mean that You accept and agree to the revisions. Subject to Your strict compliance with these Terms and any other policies laid down by Us, we grant You a personal, non-exclusive, non-transferable, limited license to access and use the Site, solely for Your personal, non-commercial use.

  7. You shall not undertake the Nth Sense Survey for the purpose of building a competitive service or for any other competitive purposes.

  8. You shall not publish on any social media including but not limited to instagram, facebook, twitter, linkedIn, tumbler and reddit any content which is derogatory or demeaning to the brand name and /or goodwill of Nth Sense.

  9. You shall always endeavor to complete the Nth Sense Survey undertaken and not leave the Nth Survey incomplete.

  10. You agree to receive timely suggestions/recommendations of other Nth Sense Surveys and /or other updates via e-mail and text messages from Nth Sense.

 

5. ACCOUNT MANAGEMENT:

  1. In order to participate in the Nth Sense Survey, You shall create an Nth Sense Account with Us on (https://www.thenthsense.com/ ). You shall be solely responsible for safeguarding Your password and any other credentials required to access Your  account. Any loss/ injury/ damage/ harm caused/ incurred/ suffered by You, due to an activity occurring in Your account, whether or not authorized by You, shall not be the responsibility of Ours’.

  2. You shall notify Us if You become aware of any unauthorized access to Your account. Such accounts created by You on the Site shall be only used by You. In case You deliver Your password and any other credentials to any other Person, We shall not be liable for any loss/damage/harm/injury caused to You due to the operation/use of Your account by any other Person other than You.

  3. We may notify You regarding the notification, updates, offers on the registered email id, verified contact details as provided by You during the creating of accounts. You shall provide accurate contact details for the same.

  4. You are responsible for the Information uploaded on Your account on the Site. Any failure to store, loss or corruption of the Information shall not be Our responsibility.

  5. We may terminate Your account and delete any Information /content contained in it if there is no account activity (such as a log in event or payment) for over 12 months. We may notify You by e-mail or through any other mode of communication as We may deem fit before terminating Your Nth Sense Account to provide You with an opportunity to log in to Your account so that it remains active. But such notification by Health Please of de-activation/ termination Your Nth Sense Account cannot be claimed as a right by You and it shall be Your duty to check for the validity of Your account if there is no activity (such as login event or payment) for over twelve (12) months.

 

6. INFORMATION

  1. Our Site allows You to upload, submit Your Information. You alone are responsible for the Information on Our Site uploaded, stored, sent to, published, advertised, submitted etc. by You, and once published; Your Information cannot always be withdrawn. You assume all risks associated with Your Information, including anyone's reliance on its quality, accuracy, details, reliability and/or any disclosure by You of information in Your Information that makes You personally identifiable. You represent that You own, or have the necessary permissions to use and authorize the use of Your Information as described herein.

  2. When You upload, submit Information by availing Our Services or undertaking the Nth Sense Survey, You give Us (and those we work with), a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes We make so that Your Information works better with Our Site), communicate, publish, share publicly display, filter, flag, distribute and/or remove such Information. The rights You grant in this license are for the limited purpose of operating, promoting, conducting, continuing and improving our services, and developing new ones.

  3. You may expose Yourself to liability if, for example, Your Information contains material that is false, intentionally misleading, defamatory; violates any Third-Party right including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech, pornography etc.; exploits or otherwise harms minors/any other person; or violates or advocates the violation of any central, state and/or international laws, rules and/or regulations.

 

7. PROHIBITED USES OF THE SITE:

  1. You understand and agree to use of Our Site is only for the purpose of participating in Nth Sense Survey and not for any other commercial purpose/ any fraudulent or unlawful purpose/harmful or attempting to harm any Person/ repute of any Person (including minors and/or vulnerable adults).

  2. You understand and agree that You shall not use the Site  for knowingly/unknowingly transmitting any data, sending or uploading any material or information that contains viruses, trojan horses, worms, time-bombs, keystroke loggers, spy-ware, ad-ware, malware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware of the Site.

  3. You understand and agree that You shall not use the Site to gain unauthorized access to/tamper with/ hack into any of Our facilities.

  4. You understand and agree that You shall not use the Site  :

    1. to reproduce, duplicate, copy, rebrand or sell all or any part of Services provided on Our Site.

    2. not to access without authority, interfere with, damage or disrupt

  5. all or any part of Site;

  6. all or any device or network on which Site  is stored;

  7. all or any equipment or network or software owned or used by any Third Party.

  8. You understand that You shall not modify/ copy/ distribute, transmit/display/perform/reproduce/publish/license/create derivative works from/transfer, or sell any Information, software, products or Services from the Site except authorized by Us and You shall not reverse engineer the Site.

  9. You agree that You shall not use any foul/ abusive/ hateful/ obscene language in the content including but not limited to Your bio, name, data, comments and/or profile images;

  10. You agree to act in strict consonance with these Terms, Our Privacy Policy and other Agreements You have/ may have with Us.

  11. You agree not use any device, software or routine that interferes with the proper working of the Site, or otherwise attempt to interfere with the proper working of the Site;

  12. Do not post any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other property right of any Third Party.

 

8. CONSENT

You by undertaking the Nth Sense Survey grant Us the right:

  1. To collect, process, abstract, deduce, analyze Your Information provided through the Nth Sense Survey.

  2. To share Your Information provided through the Nth Sense Survey, at all times,  with Our Client/s/s on whose behalf We are conducting The Nth Sense Survey;

  3. To retain Your Information provided through the Nth Sense Survey;

    1. After sharing it with the Client/s, for the period until Your Account stays active.

    2. After termination of Your Account either by Us or by You, deduced in pseudonymized form (maintaining the anonymity) for Our future purposes, including without any limitation, research and development.

  4. To send You notifications:

    1. For other Nth Sense Surveys through e-mail or text which You may be interested to undertake.

    2. For the Reward Points earned and the success of such reward points from Our Site to Your Wallet or bank account.

  5. To make legal disclosure of Your Information provided through the Nth Sense Survey in cases :

    1. If a government authority requests for Information and We think disclosure is required or appropriate in order to comply with Applicable Laws, regulations, or a legal process;

    2. To comply with a legal requirement or process, including but not limited to, civil and criminal subpoenas, court orders or other compulsory disclosures;

  6. To use Your Information from time to time in writing and publishing health related and other blogs for Our Site keeping and maintaining the anonymity of Your Information.

  7. To provide details of Your Information (not pseudonymized) to Our Client/s on their specific request for the same.

  8. To share Your Information with Third Parties (pseudonymized) which would enable Us to recommend/suggest related Nth Sense Surveys based on the type of Nth Sense Surveys undertaken by You previously.

  9. To keep a track of Your total number of Nth Sense Surveys undertaken and the total Reward Points earned.

 

9. REWARD POINTS

You agree and understand that on completion of each Nth Sense Survey, You will be entitled to receive Reward Points through Your Wallet, which shall be processed in Your Wallet within 2-3 days after undertaking the Nth Sense Survey. You further agree that You will only receive the total of Reward Points that is carried by the Nth Sense Survey undertaken by You.

 

10. INTELLECTUAL PROPERTY:

  1. You acknowledge and agree that Health Please owns all legal rights, titles and interests in and to the Site, including any intellectual property rights which subsist in the Site  (whether those rights happen to be registered or not, and wherever in the world those rights may exist). These rights shall include, but not be limited to, art work, innovative technique based on art, know how, records, procedures, brands, trademarks, copyright, computer programs, circuit lay-outs, patents, designs, business names, trade secrets, innovative questionnaire methods used in Nth Sense Surveys, user interface of Nth Sense.  The same should not be shared, published or used in any manner without Our prior written permission. We take protection of intellectual property, both Our own and others, very seriously. We therefore employ measures to prevent any infringement and to promptly end any infringement that might occur.

  2. You further agree to keep in confidence and not to disclose or use for Your own benefit or for the benefit of any Third Party or for no benefit at all (except as may be required for the performance of services under these Terms or as may be required by law), any Information, documents and/or materials that are specified/marked as confidential or are reasonably considered confidential regarding Health Please its businesses, customers, clients, suppliers, or methods of operation and You shall also take such reasonable care to protect such Information as You would have taken if the Information was Your own property.


 

11. INDEMNITY:

  1. You agree to defend, indemnify, irrevocably and unconditionally, within a period of 10 (ten) days from the incurrence of any loss/damage/injury/ pronouncement of decree by the court of competent jurisdiction, hold Us harmless as a continuous obligation from and against all claims (including without limitation claims from other User/s and all other Third Party claims), actions, suits, demands, damage, obligations, settlements, judgments, service liability claims and all costs, charges, expenses, losses and damages (including without limitation reasonable attorneys’ and other professional advisors’ fees, costs and expenses) incurred or suffered or caused to or sustained by Us by reason of:

  2. any claims by government regulators or agencies for penalties or sanctions or other remedies arising from or in connection with Your  failure to comply with its regulatory/legal requirements and compliances;

  3. Your access/ view of the Site.

  4. any claims occurring on account of misconduct, negligence, wrongful acts of omission or commission, misuse of systems or failure to follow the established procedures by You and/or anyone acting on Your behalf.

  5. any claim by Third Party with respect to violation of intellectual property.

  6. violation of rights of privacy or publicity of other User/s of any Third Party by You

  7. any breach, non-observance, non-performance, violation of any of these Terms  , Our Privacy Policy or any other policy by You;

  8. Indemnification Process - 

We shall give notice as promptly as reasonably practicable, to User/s, informing User/s of such costs/loss/injury/damage and/or commencement of any action against or by Health Please; Provided herein that failure to notify User/s on occurrence of such loss or on commencement of any action against or by it shall not release the User/s from the liability contained herein. Upon such notification, the User/s shall assume the liability and shall within ten (10) days indemnify, keep indemnified and hold harmless Health Please against actions/ claims/ losses/ damages/ judgments/ costs/ expenses incurred or suffered by Health Please and/or Client and/or any other Third Party. The User/s shall not be entitled to any expenses incurred by it in the process of indemnification.

 

12. DISCLAIMER AND LIMITATION OF LIABILITIES:

THE INFORMATION AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN.

 

HEALTH PLEASE MAY MAKE IMPROVEMENTS OR CHANGES TO SITE AT ANY TIME. ANY MEDICAL ADVICE RECEIVED VIA SITE SHOULD NOT BE RELIED UPON FOR MEDICAL DECISIONS OR ADVICES AND YOU SHOULD CONSULT A REGISTERED MEDICAL PRACTITIONER FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

 

WE MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED ON “AS IS WHERE IS” BASIS WITHOUT WARRANTY OR GUARANTEE OR CONDITION OF ANY KIND. HEATH PLEASE AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

 

IT IS PRUDENT AND LOGICAL TO ASSERT THAT EACH NTH SENSE SURVEY CARRIES SEPARATE REWARD POINTS AND THEREBY NTH SENSE DISCLAIMS ANY TYPES OF CLAIMS WHATSOEVER ARISING FROM THE VARIATION IN THE REWARD POINTS.

 

NTH SENSE DISCLAIMS AND SHALL NOT BE HELD LIABLE FOR ANY LOSS OR DAMAGE SUFFERED BY YOU THROUGH ACCESS OR USE OF THE THIRD PARTY WEBSITE APPEARING ON OUR SITE.

 

USER/S AGREES THAT EACH NTH SENSE SURVEY UNDERTAKEN BY HIM/HER ARE INDEPENDENT NTH SENSE SURVEY AND ACCORDINGLY, NTH SENSE SUGGESTS/RECOMMENDS OTHER NTH SENSE SURVEYS TO USER/S. HENCE, NTH SENSE DISCLAIMS ANY CLAIM ARISING OUT OF SIMILARITIES OR DISSIMILARITIES IN SUCH SUGGESTIONS/RECOMMENDATIONS OR REWARD POINTS BETWEEN DIFFERENT USER/S.

 

WE AT NTH SENSE TAKE EVERY STEP TO KEEP OUR SYSTEM UPDATED, OPTIMISED AND FREE FROM ANY VIRUS OR ANY OTHER CONTAMINANT. NTH SENSE DISCLAIMS ANY LIABILITY/CLAIM FOR ANY CONTAMINATION TO USER/S DEVICE/MOBILE/COMPUTER FROM UNDERTAKING THE NTH SENSE SURVEY.

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, OFFICE ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF  SITE, WITH THE DELAY OR INABILITY TO USE THE  SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF  SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF HEALTH PLEASE OR  ANY OF ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING OF THE SITE.

 

THE CONTENTS DISPLAYED ON THE SITE ARE TARGETED FOR MATURE AUDIENCE.THE OBJECTIVE OF THE SITE IS NOT TO HURT ANY SENTIMENTS OR BE BIASED IN FAVOR OF OR AGAINST ANY PARTICULAR PERSON, SOCIETY, GENDER, CREED, NATION OR RELIGION. KINDLY DO NOT BROWSE THROUGH THE ARTICLES, NTH SENSE SURVEYS AND BLOGS IF YOU BELIEVE THAT CERTAIN KINDS OF CONTENT MAY BE OFFENSIVE TO YOU. VIEWING ANY CONTENT OF THE SITE IS A CONSCIOUS CHOICE OF THE USER/S AND SHALL NOT BE THE RESPONSIBILITY OF OURS’. WE RECOMMEND THAT UNLESS YOU ARE COMPLETELY CONVINCED, DO NOT READ OR PARTICIPATE ON NTH SENSE SURVEYS OR AVAIL ANY OTHER SERVICES OF OUR SITE.

 

13. THIRD PARTY WEBSITE AND CONTENT

  1. Our Services may be made available or accessed in connection with Third Party website and content (including advertising) that We do not control. You acknowledge that different terms of use and privacy policies may apply to Your use of such Third Party website and content. We do not endorse such Third Party website and content and in no event shall We be held responsible or liable for any products or services of such Third Party providers. Additionally, Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited will be a third-party beneficiary to this contract, if You access Our Services or undertaking the Nth Sense Survey using Applications developed for Apple iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices, respectively. These Third Party beneficiaries are not Parties to these Terms and are not responsible for the provision or support of Our Services in any manner. Your access to Our Services or undertaking the Nth Sense Survey using these devices is subject to Terms set forth in the applicable Third Party beneficiary's terms of service.

  2. Additionally, some of Our services are supported by advertising revenue. In consideration for granting You access to and use of the Services, You agree that We may place such advertising on the Services.

  3. The Services may allow You to link to other resources on the Internet, and other websites/sites or resources may contain links to Our Site and Our Services. These other websites/sites are not under Our control, and You acknowledge that We not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of these websites/sites or other online resources. The inclusion of any such link does not imply endorsement by Us. You further acknowledge and agree that We 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 content, goods, information, or services available on or through any such website or resource.

 

14. PRIVACY POLICY

You hereby consent, express and agree that You have read and understood Nth Sense Privacy Policy. You further accept the terms and conditions of the Privacy Policy, which also governs Your use of Site.

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  1. Termination by User/s: You can terminate the Nth Sense Account and discontinue availing the Services from the Site. Such termination will result in the deactivation or disablement of Your account and access to it, and the deletion of content You collected through use of the Services on the Site.

    1. Termination by Health Please: Health Please, at its discretion, may terminate Your account for any reason by providing You at least 30 days of written notice to You.  We shall terminate Your account if:

      1. You have materially breached these Terms and failed to cure that breach within 30 days after Health Please has so notified You in writing;

      2. You have failed to comply with these Terms of Use;

      3. You use the Services Site in a way that causes legal liability on Site and/or disrupt the Site; or

      4. We suspect any misconduct by You which is not in accordance with the Applicable Laws.

      5. If We come across repeated breach of these Terms by You, We shall take measures to prevent the further use of the Site by You, including blocking Your IP address.

      6. We may allow You with an opportunity to export a copy Your Content from Your Account so registered on the Site. However, there may be time sensitive situations where We may decide that We need to take immediate action without notice. We shall use all reasonable efforts to narrow the scope and duration of any limitation or suspension under this Section as is needed to resolve the issue that prompted such action. We have no obligation to retain Your Content upon termination of the applicable Service.

 

16. DISPUTE RESOLUTION

  1. Any dispute, controversy, difference of opinion or claim (hereinafter referred to as “Dispute”) arising between You and Health Please shall be resolved mutually by engaging in a good faith negotiation to resolve the dispute.

  2. In case the dispute is not settled within fifteen (15) days of such good faith negotiation, it shall be referred to arbitration.

  3. In the event wherein the dispute is referred for arbitration:

    1. A sole arbitrator shall be appointed by the Parties with mutual consent. If there is a difference and lack of consensus on the nomination of a sole arbitrator, then each Party shall nominate its respective arbitrator, and such nominated arbitrators shall nominate a third arbitrator by mutual consent to form a three-member arbitral tribunal.

    2. The arbitration shall be conducted in accordance with Arbitration and Conciliation act 1996. The venue of such arbitration will be Pune and the language of the arbitration shall be English. The award of arbitrator shall be binding upon both Parties. The cost of the Arbitration will be borne by both the Parties equally.

 

17. GOVERNING LAW

These Terms are governed by and construed in accordance with the Applicable Laws of India, It is deemed that You, as We do, agree to be subject to the jurisdiction of courts in the city of Pune, Maharashtra only.

 

18. MISCELLANEOUS

  1. You acknowledge and agree that We are  not liable for any loss or damage which may be incurred by You as a result of the availability of any external websites, applications or resources, which may appear on Our Site by way of advertisement or otherwise. Any reliance placed by You on the completeness, accuracy or existence of any such products/ services or other materials on, or available from, such websites, applications or resources is completely Your responsibility as We are not connected to such advertising or other material in any manner whatsoever

  2. Nth Sense reserves the right to change or otherwise modify this Terms and User/s continued access and/or undertaking Nth Sense Survey signifies acceptance to the updated or modified Terms. User/s shall periodically return to the Site to review the most current or novated version of the Terms. Additional terms (if any) shall be made available and those additional terms shall form an integral part of this Terms between Nth Sense and User/s. By continuing to undertake the Nth Sense Survey after the changes in the Terms become effective, You agree to be bound by the revised Terms.

  3. You agree that no joint venture, partnership, principal-agent and/or employment relationship exists between You and Nth Sense as a result of this Terms.

  4. Fictitious names of companies, products, people, characters, and/or data mentioned on the Site are not intended to represent any real individual, company, product, or event.

  5. If any provision of this Terms is found to be unenforceable or invalid, then only that provision shall be modified to reflect the Parties intention or eliminated to the extent necessary so that this Terms shall otherwise remain in full force and effect and enforceable and You shall remain bound by the updated this Terms.

  6. Pacta sunt servanda: Agreement must be kept: This Agreement between the Parties contains clauses which serve as law between the Parties, and the non fulfillment of respective obligation constitutes a breach of the Terms.

  7. Any rights not expressly granted herein are reserved.

 

19. HELP:

 

If You have any doubts/queries about these Terms, kindly get in touch with Us by e-mailing at: care@thenthsense.com or calling Us at +918208404739 or via written correspondence to Us at:

C-31 Liberty Phase – 2, North Main Road,

Koregaon Park, Pune, 411001

2. By clicking on 'I agree to the terms and conditions, privacy policy and disclaimer' while singing up You unconditionally consent to be bound by these Terms. Such an action is the symbol of Your signature and You have fully read and understood and are consenting to be bound by and are becoming a Party to these Terms  contained herein and agree that this agreement is enforceable like any written negotiated agreement which is read, understood and signed by You.

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