1.1. These Terms & Conditions ("Terms") govern access to and use of the website, mobile site, mobile application and any other digital or online interface (collectively, the "Platform") through which Antara Integrated Wellness Clinic ("AIWC", "we", "us" or "our") offers information about, and facilitates booking of, its integrated wellness and preventive healthcare services ("Services").
1.2. AIWC is a brand and service vertical owned and operated by Antara Assisted Care Services Limited, a company incorporated under the Companies Act, 1956 (and continued under the Companies Act, 2013), having its registered office at Max House, 1 Dr. Jha Marg, Okhla, New Delhi – 110020, and a corporate/clinical office at Plot No. 65, Plus Office, Landmark House, 2nd Floor, Sector 44, Gurugram, Haryana – 122003 ("Antara", "Company"). All references to AIWC, "we", "us" or "our" in these Terms are references to Antara acting through its AIWC vertical, and all rights, protections, disclaimers and remedies available to AIWC under these Terms shall also and equally accrue to the benefit of Antara.
1.3. By accessing, browsing, registering on, or transacting through the Platform, including by booking an appointment, enrolling in a wellness programme, purchasing a package or Wellness Wallet, or availing any Service, you ("User", "you", "your", "Client" or "Guest") confirm that you have read, understood and agree to be bound by these Terms, our Privacy Policy, and any other applicable policies, rules or guidelines published on the Platform from time to time (collectively, the "Policies"), all of which are incorporated into and form an integral part of these Terms.
1.4. These Terms constitute an electronic record within the meaning of the Information Technology Act, 2000 and the rules made thereunder. This electronic record is generated by a computer system and does not require any physical, digital or electronic signature to be valid and binding.
1.5. If you do not agree to these Terms in their entirety, you must immediately discontinue access to and use of the Platform and refrain from availing any Services. Continued use of the Platform after any revision to these Terms constitutes your acceptance of such revision.
2.1. "Personal Data", "Data Principal", "Data Fiduciary", "Consent Manager" and related expressions shall, where used in Clause 18 (Privacy and Data Protection) of these Terms, have the meaning assigned to them under the Digital Personal Data Protection Act, 2023 ("DPDP Act") and the rules notified thereunder from time to time.
2.2. "Services" means the medical consultations, Ayurveda consultations and therapies, Panchakarma therapies, physiotherapy, acupuncture, naturopathy, nutrition counselling, IV nutritional therapy, ozone therapy, FAR infrared sauna therapy, energy medicine, lifestyle and preventive health programmes, residential wellness programmes, health assessments, diagnostics and any other service offered by AIWC from time to time, whether availed through the Platform or in person at an AIWC facility.
2.3. "User Content" means any information, feedback, review, health information, communication or other content submitted, uploaded or transmitted by a User through the Platform.
2.4. "Third-Party Content" means any content, material, product description, link or information on the Platform that originates from a person or entity other than Antara.
3.1. AIWC provides integrated wellness and preventive healthcare Services designed to support preventive health, restoration, rehabilitation and overall wellbeing. The Platform is used to publish information about such Services and to enable Users to browse, enquire about and book the same. The scope, composition, pricing and availability of Services displayed on the Platform may be modified, curtailed, discontinued or updated at AIWC's sole discretion and without prior notice, and AIWC does not warrant that any particular Service will continue to be offered or will be available at any given time or location.
3.2. The Platform is a facilitation and information tool only. No content on the Platform, including descriptions of therapies, programmes or expected benefits, constitutes a binding representation as to the availability, suitability or outcome of any Service for a particular User, and all Services remain subject to clinical assessment, professional availability and the other conditions set out in these Terms.
4.1. You must be at least 18 (eighteen) years of age and possess the legal capacity to enter into a binding contract under the Indian Contract Act, 1872 in order to register on, browse (where registration is required) or transact on the Platform. By using the Platform, you represent and warrant that you meet this requirement, that you are not otherwise disqualified from contracting under any applicable law, and that all information furnished by you is true, accurate and complete.
4.2. A registered user or their parent/legal guardian may book Services on the Platform on behalf of a minor, a person of unsound mind, or a person otherwise incapable of contracting, and by doing so the registered adult accepts full responsibility, on their own behalf and on behalf of such person, for compliance with these Terms, for the accuracy of all information furnished, and for all consequences of such booking.
4.3. Organisations, companies, agencies and other entities are not permitted to register as individual Users. Each User account is personal, may be used only by the individual to whom it relates, and may not be shared, transferred, sold or assigned. You are solely responsible for maintaining the confidentiality of your login credentials, One-Time Password (OTP) and account information, and for all activities that occur through your account, whether or not authorised by you.
4.4. You agree to: (a) provide accurate, current and complete information during registration and at all times thereafter; (b) promptly update your registered mobile number, email address and other contact and health information to keep it accurate; (c) immediately notify Antara of any unauthorised use of your account or any other breach of security; and (d) not create an account using a false identity, impersonate any person, or use a name or handle that is unlawful, offensive, obscene, or infringes the rights of a third party.
4.5. Antara reserves the right, at its sole and absolute discretion and without assigning any reason, to refuse registration, suspend, restrict or permanently terminate any User account, and to decline to provide any Service to any person, where Antara believes such action is warranted to protect the integrity, safety or lawful operation of the Platform, the safety of any Client or staff member, or Antara's legal or commercial interests. Antara shall have no liability whatsoever to any User arising from such refusal, suspension, restriction or termination.
4.6. Where identity or eligibility verification is required, you agree to furnish such documents as Antara may reasonably request within the timeframe specified. Failure to do so may result in immediate and permanent deactivation of your account without any liability to Antara.
5.1. Appointments, therapies and programmes booked through the Platform are subject to availability, professional roster, clinical assessment and such other conditions as AIWC may specify. Certain consultations, therapies and residential wellness programmes may require prior medical evaluation, documentation or clinical clearance before a booking is confirmed, and AIWC may decline, defer or modify any booking on medical or operational grounds without incurring any liability.
5.2. AIWC reserves the right to reschedule, modify or cancel any appointment or programme at any time on account of unforeseen operational, staffing, clinical or force majeure circumstances. In such cases, AIWC will make reasonable efforts to notify the User and offer an alternative slot, but shall not be liable for any loss, inconvenience or consequential damage arising from such rescheduling or cancellation.
5.3. A booking confirmation, whether through the Platform, email, SMS or telephone, does not create any guarantee as to the specific professional who will render the Service, and AIWC may substitute the assigned professional at its discretion based on operational requirements.
6.1. AIWC follows an evidence-informed, integrative approach to healthcare. Individual outcomes from any Service vary materially depending on medical history, existing health conditions, genetic and physiological factors, adherence to the prescribed protocol, and lifestyle factors that are entirely within the User's control and outside AIWC's knowledge or control.
6.2. AIWC expressly does not guarantee, warrant or represent, and no employee, consultant, therapist, practitioner or representative of AIWC is authorised to guarantee, warrant or represent, that any Service will result in: cure of any disease or condition; reversal, remission or slowing of any disease; prevention of illness; any specific clinical, therapeutic, aesthetic or wellness outcome; or any result whatsoever. Any description of expected benefits on the Platform, in marketing material or communicated verbally is illustrative and general in nature only, and is not a promise of individual outcome.
6.3. All treatment plans are personalised, based on clinical assessment available at the relevant time, and may be revised by the treating professional as circumstances require. Users acknowledge that healthcare, by its nature, involves inherent uncertainty and risk, and that no outcome can be assured.
6.4. Content on the Platform, including articles, blog posts, videos and programme descriptions, is provided for general informational purposes only, does not constitute medical advice, and does not create a doctor-patient relationship. Users must not rely on such content as a substitute for a consultation with a qualified physician and must independently seek medical advice appropriate to their individual circumstances before commencing, altering or discontinuing any treatment, medication or therapy.
7.1. To enable AIWC to provide safe and appropriate care, Users are required to provide complete, accurate and current information regarding their health, including but not limited to existing medical conditions, current medications, allergies, pregnancy, previous surgeries, implanted medical devices, infectious diseases, and cardiac, neurological or psychiatric conditions, and to promptly update AIWC of any change to such information before and during the course of any Service.
7.2. Users acknowledge and agree that any incomplete, inaccurate or withheld health information may materially compromise their safety and the efficacy of the Service rendered, and that AIWC shall bear no responsibility or liability whatsoever for any injury, complication, adverse reaction or unsatisfactory outcome that arises, directly or indirectly, from a User's failure to disclose complete and accurate health information.
7.3. Users further agree to indemnify Antara against any claim, loss or liability arising from inaccurate, incomplete or false health information furnished by them.
8.1. The AIWC clinical team retains absolute and unfettered discretion to modify a treatment plan, recommend alternative therapies, defer or discontinue any treatment, or decline to provide a Service where it is considered medically unsuitable, unsafe, or not in the User's best clinical interest, irrespective of the User's request or prior booking. Clinical judgement shall at all times take precedence over any Service requested or previously scheduled, and AIWC's exercise of such judgement shall not give rise to any claim for breach, refund (save as set out in Clause 11) or compensation, except where such exercise is proven to constitute gross negligence or wilful misconduct.
9.1. By availing any Service, Users confirm that: (a) the nature of the proposed therapy or programme has been explained to them; (b) the expected benefits, reasonably foreseeable risks and limitations of the Service have been discussed where clinically appropriate; and (c) they have had the opportunity to ask questions and are satisfied with the responses received.
9.2. Certain therapies, procedures or investigations may require separate written informed consent prior to commencement, and AIWC may decline to provide such Service in the absence of duly executed consent. Consent once given may be withdrawn by the User at any time prior to commencement of the specific procedure, save that any fee already paid shall be dealt with in accordance with Clause 11.
10.1. All applicable charges for a Service shall be communicated at the time of booking or prior to commencement of the Service. Unless otherwise specified: payment must be completed prior to commencement of Services; applicable taxes shall be charged in accordance with prevailing law; and charges for medicines, supplements, diagnostics, investigations, consumables or outsourced/third-party services are additional and payable separately unless expressly stated to be included.
10.2. Payments may be made online through third-party payment gateways, or offline as communicated by AIWC. Antara is not responsible for any loss, delay, decline or failure of a transaction arising from the acts, omissions, systems or downtime of any bank, card network, wallet provider or payment gateway, all of which operate independently of and beyond the control of Antara.
10.3. Antara reserves the right to revise pricing for any Service at any time and without prior notice; the price applicable to a booking already confirmed and paid for shall, however, not be altered save in the case of a bona fide pricing error, in which event Antara may cancel or require re-confirmation of the booking at the correct price.
10.4. Users shall not use any payment instrument that is not lawfully owned by them. Antara may undertake reasonable verification checks before processing any payment and may decline or reverse a transaction that it reasonably suspects to be fraudulent, unauthorised or in breach of these Terms, without liability to the User.
11.1. Consultations
11.1.1. Appointments may be rescheduled without charge where the request is made at least 24 (twenty-four) hours prior to the scheduled time.
11.1.2. Cancellation or rescheduling requests received less than 24 hours before the scheduled appointment may, at AIWC's discretion, be treated as consumed and no refund shall be payable in respect thereof.
11.2. Therapy Sessions
11.2.1. Therapy sessions cancelled more than 24 hours in advance may be rescheduled subject to availability.
11.2.2. Sessions cancelled within 24 hours of the scheduled time, or missed without prior intimation, will be treated as utilised and no refund or make-good shall be due.
11.3. Residential Wellness Programmes
11.3.1. Cancellation more than 7 (seven) days prior to the scheduled admission date: eligible for a refund after deduction of applicable administrative and processing charges.
11.3.2. Cancellation between 3 (three) and 7 (seven) days prior to admission: a partial refund may be provided at AIWC's discretion.
11.3.3. Cancellation less than 72 (seventy-two) hours prior to admission, or after commencement of the programme: no refund whatsoever shall be applicable, regardless of the reason for cancellation, save as set out below.
11.4. All approved refunds shall be processed to the original payment method within a reasonable period and are subject to any deductions permitted under this Clause and applicable law. AIWC may, at its sole and unfettered discretion, consider an exception in a genuine, documented medical emergency, but is under no obligation to do so, and the grant of any exception on one occasion shall not create a precedent or entitlement for any other User or occasion. Save as expressly provided in this Clause, all fees paid to AIWC are non-refundable.
12.1. Clients are requested to arrive at least 10 (ten) minutes before their scheduled appointment. Where a Client arrives late, the session duration may be reduced by AIWC to avoid impacting subsequent appointments, and the full applicable charge shall nonetheless remain payable. An appointment missed without prior intimation shall be treated as a no-show, shall be considered utilised, and no refund, credit or make-good session shall be due.
13.1. The validity period, inclusions and terms of any wellness package, membership or Wellness Wallet shall be communicated at the time of purchase. Unless otherwise expressly stated: packages are non-refundable once any session under the package has been availed; unused sessions or balances lapse automatically and without compensation upon expiry of the validity period; packages, memberships and Wellness Wallet balances cannot be redeemed, exchanged or encashed for cash or any other consideration; promotional offers and discounts cannot be combined with any other offer unless specifically stated; and any transfer of package benefits to another individual is permitted only where expressly authorised in writing by AIWC under the specific programme concerned.
13.2. Specific terms applicable to a particular Wellness Wallet, membership tier or promotional campaign, where published, shall apply in addition to, and in the event of conflict shall prevail over, this Clause, but only to the extent of such conflict.
14.1. Residential wellness programmes are offered only after clinical suitability has been assessed and confirmed by the AIWC medical team. Clients enrolled in a residential programme are required to comply with the programme schedule, dietary protocols, therapy timings, house rules and any other reasonable instruction issued by AIWC staff during the course of the stay. The AIWC medical team may modify the daily schedule at any time based on ongoing clinical assessment. Any additional service availed during the stay that is not included within the selected programme shall be charged separately at prevailing rates.
14.2. AIWC reserves the right to discharge, discontinue the programme of, or decline to admit any Client whose health condition is assessed as unsuitable for the programme, or whose conduct is inconsistent with Clause 16, and no refund beyond what is set out in Clause 11.3 shall be payable in such circumstances.
15.1. Clients are required to comply with all infection prevention, hygiene and safety protocols implemented by AIWC from time to time. AIWC reserves the right to postpone, decline or discontinue any Service where, in its reasonable assessment, providing the Service would compromise the health or safety of the Client, other guests, or AIWC staff, without any liability to the affected Client.
16.1. AIWC IS NOT AN EMERGENCY MEDICAL FACILITY AND DOES NOT HOLD ITSELF OUT AS ONE. In the event of a medical emergency arising at an AIWC facility, reasonable efforts will be made to stabilise the Client where feasible, following which the Client will be referred or transferred to an appropriate hospital or emergency medical service. Antara shall not be liable for any outcome, delay, complication or consequence arising from an emergency, from the process of stabilisation or referral, or from the unavailability of emergency infrastructure at an AIWC facility, save where the same is directly attributable to AIWC's gross negligence.
17.1. Clients are solely responsible for the safekeeping of their personal belongings while at any AIWC facility. Antara shall not be liable for the loss, theft, damage or misplacement of any personal item, valuable or belonging, except where such loss or damage is caused by the proven wilful default of AIWC staff or where liability cannot lawfully be excluded.
18.1. AIWC is committed to providing a safe, respectful and healing environment for all Clients and staff. AIWC reserves the right to refuse service to, or immediately discontinue the engagement of, any Client who engages in abusive or threatening behaviour, harassment of staff or other guests, violence, intoxication, or any other conduct that compromises safety or disrupts clinic operations, in which event no refund shall be payable for any unutilised portion of the Service save at AIWC's discretion.
19.1. The Platform may contain hyperlinks to, or Third-Party Content originating from, websites, applications and service providers operated by persons other than Antara, including payment gateways, logistics partners and diagnostic laboratories. Inclusion of such links or content is for general informational and facilitative purposes only and does not constitute or imply any endorsement, certification, partnership or association by or with Antara.
19.2. Antara has no control over, and accepts no responsibility for, the content, accuracy, availability, security practices or privacy policy of any third-party website, application or service provider. Users who navigate away from the Platform to a third-party website do so entirely at their own risk and shall be governed by the terms and privacy policy of that third party. Antarashall not be liable for any loss, damage or claim arising from a User's interaction with, or reliance upon, any Third-Party Content or third-party service.
19.3. The Platform may use cookies and similar tracking technologies, including those served by third-party analytics or advertising providers, for the purposes described in our Privacy Policy and Clause 20 below.
20.1. All content available on the Platform, including text, graphics, images, videos, software, user interfaces, programme designs, trademarks, logos, service marks, trade names and other material (collectively, "Content"), is the exclusive property of Antara or its licensors and is protected under applicable intellectual property laws. Except for the limited, revocable, non- transferable and non-exclusive licence granted to access and use the Platform for personal, non-commercial purposes, no right, title or interest in the Content is transferred to any User.
20.2. Users must not copy, reproduce, modify, distribute, publicly display, create derivative works from, reverse engineer, scrape, or commercially exploit any part of the Platform or its Content without the prior written consent of Antara. Any unauthorised use may result in civil and criminal liability under applicable law, and Antara reserves the right to pursue all available legal remedies.
20.3. Any name, logo or mark of Antara or AIWC appearing on the Platform may not be used by any User without prior written permission. Requests concerning alleged infringement of third- party copyright should be directed to Antara's designated grievance contact set out in Clause 27.
21.1. Any feedback, review, testimonial or comment submitted by a User on the Platform is treated as non-confidential, and by submitting the same, the User grants Antara an irrevocable, perpetual, royalty-free, worldwide licence to use, reproduce, adapt, publish and distribute such User Content for any purpose connected with the Services, including marketing, without any obligation of attribution, confidentiality or compensation to the User.
21.2. Antara reserves the right, at its sole discretion, to moderate, edit, decline to publish, or remove any User Content, including content that is abusive, defamatory, misleading, infringing, or contains personal or sensitive information of any third party without consent, and Antara's decision in this regard shall be final.
22.1. Users are requested not to post or transmit content that is abusive, obscene, hateful or otherwise violates these Terms. Any instance of abuse, threatening communication, or suspected violation of these Terms should be reported promptly to Antara using the contact details in Clause 27. Antara will investigate reported instances and take such action, including removal of content, suspension of accounts, or referral to law enforcement, as it considers appropriate at its sole discretion.
23.1. This Clause sets out, at a summary level, how Antara collects, uses, stores, shares and protects the personal data of Users in its capacity as "Data Fiduciary" under the Digital Personal Data Protection Act, 2023 ("DPDP Act") and other applicable data protection law in India. This Clause is supplemental to, and should be read together with, Antara's detailed Privacy Policy published on the Platform, which shall prevail in the event of any inconsistency with this Clause on matters of interpretive detail, save that the liability protections in this Clause shall always apply in Antara's favour to the fullest extent permitted by law.
23.2. Data Fiduciary: For the purposes of the DPDP Act, Antara Assisted Care Services Limited, acting through its AIWC vertical, is the Data Fiduciary in respect of personal data processed through the Platform and in connection with the Services.
23.3. Personal Data Collected: Depending on the nature of your interaction with the Platform and the Services availed, Antara may collect the following categories of personal data, including personal data relating to health, which Users acknowledge is inherently sensitive and integral to the safe delivery of the Services:
23.3.1. Identity and contact information: full name, gender, date of birth or age, residential/communication address, phone number and email address.
23.3.2. Account and authentication information: user ID, password, OTP records, and login/device information.
23.3.3. Health information: medical history, existing conditions, current medications, allergies, pregnancy status, prior surgeries, implanted devices, infectious disease status, cardiac, neurological or psychiatric conditions, clinical notes, consultation records, diagnostic and investigation reports, and treatment/therapy records.
23.3.4. Financial information: payment instrument details (processed by regulated third-party payment gateways) and transaction history, to the extent necessary to process payments and refunds.
23.3.5. Usage information: booking history, preferences, feedback, device and browser information, cookies, and analytics/log data generated through use of the Platform.
23.4. Purpose and Basis of Processing: Antara processes personal data only for specified, lawful purposes for which the User has given consent, or where processing is otherwise permitted under Section 7 of the DPDP Act (including for the performance of a contract, compliance with a legal obligation, medical emergency, or other specified legitimate uses), and only to the extent necessary for such purposes. These purposes include: registering and authenticating Users; scheduling, delivering, supervising and following up on Services; clinical assessment and treatment planning; processing payments, refunds and taxes; complying with applicable law, including healthcare, pharmacy, drugs and consumer protection regulation; improving the Platform and Services; internal record-keeping and quality assurance; communicating with Users, including service and, where consented to, promotional communications; and preventing fraud, abuse and security incidents.
23.5. Consent: Where processing is based on consent, Antara will seek free, specific, informed, unconditional and unambiguous consent through a clear affirmative action, accompanied by an itemised notice describing the personal data to be collected and the purpose of processing, in accordance with Section 6 of the DPDP Act. Users may withdraw consent at any time with prospective effect by writing to the contact provided in Clause 23.9 or through the mechanism made available on the Platform, without affecting the lawfulness of processing carried out prior to withdrawal. Users acknowledge that withdrawal of consent in respect of health information necessary for a Service already booked or in progress may result in AIWC being unable to safely continue that Service, and AIWC shall bear no liability for any consequence of discontinuing a Service on this account.
23.6. Data of Children and Persons with Disability: Where any Service is availed on behalf of a minor or a person with a disability who has a lawful guardian, Antara shall process the relevant personal data only with the verifiable consent of the parent or lawful guardian, in accordance with Section 9 of the DPDP Act, and shall not undertake tracking, behavioural monitoring or targeted advertising directed at children.
23.7. Retention and Erasure: Antara retains personal data, including health records, only for so long as is necessary for the purpose for which it was collected, or as required to comply with applicable legal, regulatory, medical record-keeping, accounting or limitation-period obligations, whichever is longer. Where a User withdraws consent or requests erasure and retention is no longer legally mandated, Antara shall erase the personal data concerned within the timelines prescribed under the DPDP Rules, save for data that Antara is legally required or permitted to retain.
23.8. Rights of Data Principals: Subject to the DPDP Act and rules made thereunder, Users may exercise the following rights by writing to the contact provided in Clause 23.9: the right to obtain a summary of personal data being processed and the processing activities undertaken; the right to correction, completion and updating of personal data; the right to erasure of personal data that is no longer necessary for the purpose for which it was processed, subject to legal retention requirements; the right to have readily available means of grievance redressal; and the right to nominate another individual to exercise these rights in the event of the User's death or incapacity. Antara will endeavour to respond to such requests within the timelines prescribed under applicable law and may require reasonable identity verification before acting on a request.
23.9. Data Breach Notification and Security Safeguards: Antara implements reasonable technical and organisational security safeguards, including access controls, encryption where appropriate, and staff confidentiality obligations, to protect personal data against unauthorised access, disclosure, alteration or loss. In the event of a personal data breach, Antara shall intimate the Data Protection Board of India and affected Data Principals in the manner and within the timelines prescribed under the DPDP Act and rules made thereunder. Notwithstanding the foregoing, Antara shall not be liable for any breach, loss or unauthorised access arising from causes beyond its reasonable control, including cyber-attacks, acts of third parties, or a User's own failure to safeguard their credentials.
23.10. Grievance Redressal and Data Protection Officer: Users may direct any question, grievance or request concerning the processing of their personal data, or any complaint under this Clause, to Antara's designated grievance/data protection contact, whose details shall be published on the Platform and in the Privacy Policy. Antara will acknowledge and address such grievances within the timeframe required under applicable law. If a User remains dissatisfied, the User may approach the Data Protection Board of India in accordance with the DPDP Act.
23.11. Cross-Border Transfer: Personal data may be stored, processed or transferred to servers or service providers located outside India for hosting, cloud storage, analytics or customer support purposes, except where the Central Government restricts such transfer to a specific country or territory by notification under the DPDP Act. Any such transfer shall be subject to contractual and technical safeguards intended to ensure a standard of protection consistent with the DPDP Act.
23.12. Cookies and Tracking: The Platform uses cookies and similar technologies, including third-party analytics and advertising cookies, to operate the Platform, remember preferences, and understand usage patterns. Users may manage or disable cookies through their browser settings, though this may affect the functionality of the Platform. Further detail is available in the Privacy Policy.
23.13. NOTHING IN THIS CLAUSE 23 SHALL BE CONSTRUED AS AN ADMISSION OF LIABILITY OR AS EXPANDING ANTARA'S OBLIGATIONS BEYOND WHAT IS MANDATORILY REQUIRED UNDER THE DPDP ACT AND APPLICABLE LAW, AND ALL DISCLAIMERS, LIMITATIONS OF LIABILITY AND INDEMNITIES SET OUT ELSEWHERE IN THESE TERMS APPLY EQUALLY TO ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THE PROCESSING OF PERSONAL DATA, TO THE FULLEST EXTENT PERMITTED BY LAW.
24.1. THE PLATFORM, ALL CONTENT, THIRD-PARTY CONTENT, AND ALL INFORMATION MADE AVAILABLE THROUGH THE PLATFORM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
24.2. ANTARA DOES NOT WARRANT THAT: (A) THE PLATFORM OR SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (B) ACCESS TO THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (C) ANY RESULTS OBTAINED FROM USE OF THE PLATFORM OR SERVICES WILL BE ACCURATE OR RELIABLE; OR (D) ANY ERRORS OR DEFECTS IN THE PLATFORM WILL BE CORRECTED. NO ADVICE OR INFORMATION, ORAL OR WRITTEN, OBTAINED FROM ANTARA OR THROUGH THE PLATFORM SHALL CREATE ANY WARRANTY NOT EXPRESSLY SET OUT IN THESE TERMS.
24.3. ANTARA SHALL NOT BE LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE ARISING FROM CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO INTERNET, TELECOMMUNICATION, EQUIPMENT OR POWER FAILURE, ACTS OF GOD, PANDEMIC, WAR, GOVERNMENTAL ACTION, OR NON-PERFORMANCE OF THIRD PARTIES.
25.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ANTARA, ITS DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR AFFILIATES BE LIABLE TO ANY USER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFIT, REVENUE, DATA, GOODWILL OR OPPORTUNITY, ARISING OUT OF OR IN CONNECTION WITH THE PLATFORM, THE SERVICES, OR THESE TERMS, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT ANTARA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
25.2. WITHOUT PREJUDICE TO THE FOREGOING, ANTARA'S AGGREGATE LIABILITY TO ANY USER ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE PLATFORM OR ANY SERVICE, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL NOT EXCEED THE TOTAL AMOUNT ACTUALLY PAID BY THAT USER TO ANTARA FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM IN THE 3 (THREE) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
25.3. Nothing in these Terms is intended to exclude or limit liability that cannot lawfully be excluded or limited under applicable law, including liability arising from death or personal injury caused by proven gross negligence or wilful misconduct of Antara. Save as aforesaid, the limitations in this Clause shall apply to the fullest extent permitted by law and shall survive termination of these Terms.
26.1. You agree to indemnify, defend and hold harmless Antara, its directors, officers, employees, consultants, agents, affiliates and group companies ("Indemnified Parties") from and against any and all claims, demands, losses, liabilities, damages, costs and expenses (including reasonable legal fees) arising out of or in connection with: (a) your breach of these Terms or any Policy; (b) your violation of any applicable law; (c) your provision of false, incomplete or inaccurate information, including health information; (d) any claim by a third party arising from your use of the Platform or Services, or from User Content submitted by you; (e) your violation of any right, including intellectual property or privacy rights, of any other person; or (f) any negligent or wrongful act or omission by you in connection with a Service.
26.2. Antara reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and you agree to cooperate with such defence. You shall not settle or compromise any claim, or admit any liability on behalf of Antara, without Antara's prior written consent.
27.1. In accordance with the Information Technology Act, 2000, the rules made thereunder, and the Consumer Protection (E-Commerce) Rules, 2020, Antara has designated a Grievance Officer to address complaints relating to the Platform, these Terms, and the Privacy Policy. Details of the Grievance Officer, including name, designation and contact information, are published on the Platform and shall be updated from time to time.
27.2. Any notice or communication required or permitted under these Terms shall be in writing and sent to the address or email address provided by the relevant party. A notice shall be deemed effective upon receipt where sent by email, or 3 (three) business days after dispatch where sent by registered post, whichever is earlier.
28.1. Governing Law and Jurisdiction: These Terms and any dispute arising out of or in connection with the Platform or the Services shall be governed by and construed in accordance with the laws of India, without regard to conflict of laws principles. The courts at New Delhi shall have exclusive jurisdiction over any dispute arising under these Terms, and the parties irrevocably submit to such jurisdiction and waive any objection on grounds of inconvenient forum.
28.2. Assignment: Antara may assign, transfer or delegate its rights and obligations under these Terms, in whole or in part, to any affiliate, successor or acquirer of its business without the User's consent. Users may not assign or transfer their rights or obligations under these Terms without Antara's prior written consent.
28.3. Independent Parties: Nothing in these Terms shall be construed to create a partnership, joint venture, agency or employment relationship between Antara and any User. Neither party has the authority to bind the other or to incur any obligation on the other's behalf.
28.4. Severability: If any provision of these Terms is held invalid, illegal or unenforceable by a court or tribunal of competent jurisdiction, that provision shall be enforced to the maximum extent permissible so as to reflect the parties' original intent, and the remaining provisions shall continue in full force and effect.
28.5. Waiver: No failure or delay by Antara in exercising any right under these Terms shall operate as a waiver of that right, nor shall any single or partial exercise preclude any further exercise of that or any other right. Any waiver must be in writing and signed by an authorised representative of Antara to be effective and shall apply only to the specific instance for which it is given.
28.6. Force Majeure: Antara shall not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from causes beyond its reasonable control, including acts of God, natural disaster, epidemic or pandemic, war, terrorism, riot, strike, lockout, or governmental action.
28.7. Entire Agreement: These Terms, together with the Policies incorporated by reference, constitute the entire agreement between the User and Antara with respect to the subject matter hereof, and supersede all prior or contemporaneous understandings, whether oral or written, on that subject matter.
28.8. Survival: The provisions of these Terms that by their nature ought to survive termination, including but not limited to intellectual property rights, confidentiality, disclaimers, limitation of liability, indemnification and dispute resolution, shall survive any termination or expiry of these Terms or of a User's account.
28.9. Amendments: Antara reserves the right to amend, revise or update these Terms at any time and without prior notice, at its sole discretion. The amended Terms shall take effect immediately upon publication on the Platform, and continued access to or use of the Platform after such publication shall constitute the User's acceptance of the amended Terms. Users are encouraged to review these Terms periodically.