Terms & Conditions

This is an agreement between Adityavani Porter Services Pvt. Ltd., a company registered under Indian Companies Act, (Adityavani Porter Services Pvt. Ltd. includes their legal successors, heirs, representatives) with its office at # 410 5th Main Road, 2nd Block, HRBR Layout, Kalyan Nagar Bangalore - 560043 India, the owner and service provider under the brand name of the www.fortuneassists.com and FORTUNE ASSISTS mobile application, including collectively all services and data (text, graphics, videos) provided through www.fortuneassists.com and FORTUNE ASSISTS mobile application, the "FORTUNE ASSISTS", or the "Service", and you ("you" or "You"), a user of the Service.

BY USING THE SERVICE, YOU ACKNOWLEDGE AND AGREE TO THESE TERMS OF FORTUNE ASSISTS SERVICES, PRIVACY POLICY AND REFUND & CANCELLATION POLICY, WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you choose, not agree with any of these terms, you may not use the Service.

FORTUNE ASSISTS is providing services inside the Hospitals, Healthcare sector for pickup / drop from home to Hospital and Hospital Assistance services to individuals as per their needs. FORTUNE ASSISTS provide service of pickup from user location to hospital and drop services from hospital to user location and/or user may choose Hospital Assistance services for guidance & help inside hospital. FORTUNE ASSISTS services can be booked by user for single visit for multiple visits as per their needs.

FORTUNE ASSISTS Service Access
• FORTUNE ASSISTS hereby grants you permission to use the Service, provided that: your use of the Service as permitted is solely for your personal use, and you are not permitted to sale, resell or charge others for use of or access to the Service, or in any other manner inconsistent with these Terms of Service; you will not duplicate, transfer, give access to, copy or distribute any part of the Service in any medium without FORTUNE ASSISTS's prior written authorization; you will not attempt to reverse engineer, alter or modify any part of the Service; you will otherwise comply with the terms and conditions of these Terms of Service and Privacy Policy. The FORTUNE ASSISTS App is currently made available for download free of charge for your personal use. FORTUNE ASSISTS reserves the right to amend or withdraw the Application, or charge for the application or service provided to you in accordance with these FORTUNE ASSISTS terms of service and change the terms and conditions, at any time and for any reason.
• To access and use the features of the FORTUNE ASSISTS Service, you acknowledge and consent that you will have to provide FORTUNE ASSISTS with your mobile phone number, alternate phone number of family / friend , email address, GPS access and location, and other required information. You expressly acknowledge and agree that in order to provide the Service, FORTUNE ASSISTS may periodically access your contact list, email, SMS, GPS, phone storage access on your mobile device to track location of your device and keep track of mobile phone numbers of other users of the Service. When providing your mobile phone number, you must provide accurate and complete information. You hereby give your express consent to FORTUNE ASSISTS to access your contact list for mobile phone numbers in order to provide and use the Service. For removal of doubts it is clarified that, FORTUNE ASSISTS is not liable for any loss or damage caused by any unauthorized use of your account, however you would be liable for any losses or damage caused to FORTUNE ASSISTS including but not limited to any claims made on FORTUNE ASSISTS or others due to such unauthorized use.
• You agree not to use or upload, post or submit any content that contains software viruses or any computer code, files, or programs designed to interrupt, destroy, copy or limit functionality of the Application or of any mobile, hardware, or telecommunications equipment. You agree not to collect or harvest any personally identifiable information, including phone number, from the Service, nor to use the communication systems provided by the Service for any commercial solicitation or spam purposes.
• We provide you services which are based on servers, hosting, internet, electric & electronic equipment therefore, no guarantee is and can be made that our services will be available on at all times.
• You acknowledge and agree that, despite our best efforts, our services may from time to time be interrupted. Accordingly our services may not be available for access.
• In any of the above or other case FORTUNE ASSISTS will not be liable for any claim of loss, damages, liability of whatsoever nature. Nor any refund will be granted by FORTUNE ASSISTS, any refund shall be subject to refund and cancellation policy of FORTUNE ASSISTS.

User shall be responsible for maintaining all kind of mobile phone, computer hardware and other equipment to access to and use our services. We shall not be liable for any damages to the User’s equipment resulting from the use of our services.

To utilize certain portion of services on FORTUNE ASSISTS, you may be required to complete registration process and create a profile / account. You represent and warrant that all information provided by you to FORTUNE ASSISTS is correct, accurate and complete, and that you will maintain the accuracy and completeness of this information on a prompt, timely basis.

As a registered user of FORTUNE ASSISTS, you may receive or create user name and passwords. You are solely responsible for maintaining the confidentiality and security of your passwords(s) and Accounts(s). You understand and agree that you are individually and fully responsible for all actions and listings, shared information, reviews, comments, posts made from your account(s). Any account you create are non-transferrable. You agree to notify FORTUNE ASSISTS immediately if you became aware of any unauthorised use of your Account (s).

User shall not post or transmit through FORTUNE ASSISTS any material which is unlawful, threatening, abusive, defamatory, invasive of privacy or public rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability objectionable or otherwise violates any law.

You agree not to create any data backup or copy the content and data that is available to you by use of the FORTUNE ASSISTS Service that is available through any medium.

SERVICE AVAILABLITY
• FORTUNE ASSISTS will make all reasonable efforts to make the Services available at all times. However you acknowledge that the FORTUNE ASSISTS Services are provided over the internet and through mobile networks and so the quality and availability of the Services may be affected by factors outside the control of FORTUNE ASSISTS.
• FORTUNE ASSISTS does not accept any responsibility whatsoever for unavailability of the Services, or any difficulty or inability to download or access content or any other communication system failure which may result in the Application/Services being unavailable. FORTUNE ASSISTS will not be responsible for any support or maintenance for the mobile application.

We will make all efforts but we not warrant that the Services will be error-free, free of viruses or other harmful components. We do not represent or warrant that the information available on or through the FORTUNE ASSISTS website & app will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of the FORTUNE ASSISTS at any time. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the FORTUNE ASSISTS website and app. FORTUNE ASSISTS reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the FORTUNE ASSISTS services (or any part thereof) with or without notice. FORTUNE ASSISTS shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service, FORTUNE ASSISTS website or App. The version of the Application software may be upgraded from time to time to add support for new functions and services.

You may subscribe to paid services on FORTUNE ASSISTS website & App, to avail features as mentioned below or modified from time to time by FORTUNE ASSISTS.

• Cab only. If you subscribe to Cab only service, FORTUNE ASSISTS will provide pickup service from your location to desired venue and drop service from venue to your location.
• Assist only. If you subscribe to Assist only service, FORTUNE ASSISTS will provide you guidance and assistance inside venue.
• Both Cab & Assist. If you subscribe to Both Cab & Assist. Service, FORTUNE ASSISTS will provide both Cab & Assist service which includes pickup service from your location to Venue, guidance and assistance inside Venue and then drop service from Venue to your location

Note: FORTUNE ASSISTS Cab & Assist Services are provided directly or through third party and FORTUNE ASSISTS will not be liable in case of any dispute /compensation is arising out of no show, inferior services, failure to provide service. A user may inform FORTUNE ASSISTS in case a cab / Assists fails to honour any service, upon which appropriate disciplinary action will be taken by FORTUNE ASSISTS, however, any refund will be given by FORTUNE ASSISTS strictly as per refund & cancellation policy.

Standard Terms & Conditions
• FORTUNE ASSISTS shall not be responsible for the quality of services provided by Assists and the same shall be sole responsibility of the Assists.
• No refund shall be granted by FORTUNE ASSISTS except as per the refund & cancellation policy.

FORTUNE ASSISTS shall have right, but not the obligation to monitor the content of website & App including comments, posts, reviews, videos or any other date or information. FORTUNE ASSISTS shall have right to remove any material that in its sole discretion appears to be violation of the terms of usage or otherwise objectionable.

Intellectual Property Rights
• The FORTUNE ASSISTS company names, logos, all related products and service names (FORTUNE ASSISTS), design marks, slogans, trademarks, service marks, copyright, patent, database rights (and other intellectual property rights of any nature in the Application) together with the underlying software code (source code) in the App ("Intellectual Property") is owned by and used under license by Adityavani Porter Services Pvt. Ltd. or its licensee or affiliate companies. All other Intellectual Properties herein are the property of their respective owners.
• All copies that you make of the Materials on any of the Media, with the consent of FORTUNE ASSISTS, must bear any copyright, trademark or other proprietary notice located on the respective Media that pertains to the material being copied.
• You are not authorized to use FORTUNE ASSISTS's Intellectual Property in any advertising, publicity or in any other commercial manner. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by FORTUNE ASSISTS. For removal of doubts, it is clarified that, by accepting these terms, you hereby waive and grant to FORTUNE ASSISTS all rights including intellectual property rights in the Reviews, Ratings and Comments posted by you at website and App through any of mediums and that FORTUNE ASSISTS is free to use all such Review, Ratings and Comments as per its requirements from time to time.

These terms of Service apply to all users of the FORTUNE ASSISTS Service. Information provided by our users through the FORTUNE ASSISTS Service may contain links to third party websites that are not owned or controlled by FORTUNE ASSISTS. FORTUNE ASSISTS has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. Also, FORTUNE ASSISTS does not assume any liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of third party content on the website & App. In addition, FORTUNE ASSISTS will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly acknowledge and agree that FORTUNE ASSISTS shall not be responsible for any damages, claims or other liability arising from or related to your use of any third-party website. You understand that the information and opinions in the third party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect FORTUNE ASSISTS's belief.

All the services are offered directly or through third party cabs / Assists. FORTUNE ASSISTS shall not be liable for any inferior services in any case not limited to but including:-

• If Assists fails to provide any service to user.
• In case of any delay in service.
• For any issue/dispute relating to services.
• Any wheel chair failure
• Any damage to user due to negligence of Assists / due to third party property’s infrastructure failure which include floor, wall, window, ceiling, fixtures, slippery floor, water or their equipment’s failure like lift, escalator etc.
• No compensation will be given in any case(s) including above.

For convenience of User, we have provided feature of location/maps/navigation/tracking in FORTUNE ASSISTS website & app through third party service provider, We do not take responsibility of any kind of accuracy and/or correctness of such location and routes. User is advised to personally verify the location, maps, navigation routes before using same.

We Reserve any rights not expressly granted in these Terms

We may at any time vary these Terms of usage, Privacy Policy & Refund & Cancellation Policy by publishing the varied Terms of usage, Privacy Policy & Refund & Cancellation Policy and by notice to you by email. You acknowledge and agree that by continuing to use the services you accept the varied Terms & conditions.

User Rating, Reviews, Comments & posts
• By posting content, rating, reviews, comments, content or communications on or through FORTUNE ASSISTS website & app, User shall be deemed to have granted FORTUNE ASSISTS a royalty-free, perpetual, irrevocable & non-exclusive license to copy, transmit, use, reproduce, modify, publish, edit, translate, distribute, perform, display it into any form, media or technology whether now known or hereafter developed and to sublicense such rights. FORTUNE ASSISTS has right to use any and all idea you submit in any manner, without any notice or obligation to you whatsoever.
• You agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant FORTUNE ASSISTS all of the license rights granted herein;
• You agree that you will not publish falsehoods or misrepresentations that could damage the reputation and goodwill of FORTUNE ASSISTS or any third party;
• You agree that you will not submit material that is unlawful, obscene, defamatory, threatening, harassing, hateful, racially or ethnically offensive, or encourages any act that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
• You agree that you will not post advertisements or solicitations of business; impersonate another person; send or store material containing software viruses or other harmful computer code, files, scripts, agents or programs;
• You agree that you will not interfere with or disrupt the integrity or performance of the Service or the data contained therein; or
• You agree that you will not attempt to gain unauthorized access to the Service or its related systems or networks.

USE & REMOVAL OF CONTENT AND/OR SERVICES
• FORTUNE ASSISTS does not endorse any Rating and/or Review or any opinion, recommendation, or advice expressed therein, and FORTUNE ASSISTS expressly disclaims any and all liability in connection with ratings and/or submissions. FORTUNE ASSISTS does not permit copyright infringing activities and infringement of intellectual property rights via its Service, and FORTUNE ASSISTS will remove all content and Ratings and/or Reviews if properly notified that such content infringes on another's intellectual property rights.
• FORTUNE ASSISTS may also terminate a user's access to the Service, if they are determined to be a repeat infringer, or for any or no reason, including being annoying. FORTUNE ASSISTS also reserves the right to decide whether content or a Rating and/or Review is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to excessive length or limited interest. FORTUNE ASSISTS may remove such contents and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
• You understand that when using the FORTUNE ASSISTS Service you will be exposed to Ratings and Review submissions from a variety of sources, and that FORTUNE ASSISTS is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Submissions, and that such Submissions are not the responsibility of FORTUNE ASSISTS. You further understand and acknowledge that you may be exposed to Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against FORTUNE ASSISTS with respect thereto, and agree to indemnify and hold FORTUNE ASSISTS, its officers, directors, investors, employees, agents, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the FORTUNE ASSISTS Service. However, it is highly advised to report any such review, rating, submission & content to FORTUNE ASSISTS help desk for quick resolution of same.
• FORTUNE ASSISTS reserves the right to discontinue any aspect of the FORTUNE ASSISTS Service at any time.
• Right, But Not Obligation, to Monitor reviews/comments FORTUNE ASSISTS does not and shall not have any obligation to review reviews/comments, and therefore we do not guarantee the accuracy, integrity or quality of Submissions and we cannot assure you that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable Submissions will not appear on our Service. We do, however, reserve the right to review any or all Submissions in our sole discretion. In addition, we reserve the right to alter, edit or remove any Submissions, in whole or in part, at our sole discretion.
• Your Use of Submissions Posted by Others. You may not use, copy, reproduce, distribute, publish, display or perform, create derivative works of, transmit, sell, or in any way exploit any of the Submissions posted by others except as expressly set forth in these Terms of Use.

Users using any of FORTUNE ASSISTS's service across the website, App, mobile phone or any other medium are bound by this disclaimer wherein they are cautioned to make proper decision before subscribing to FORTUNE ASSISTS services. All the Users are cautioned that all and any information of whatsoever nature provided or uploaded is taken in good faith, without least suspecting the bonafides of the Assists (direct / third party service providers) FORTUNE ASSISTS does not confirm, does not acknowledge, or subscribe to the claims and representation made by the Assists listed with FORTUNE ASSISTS. Further, FORTUNE ASSISTS will attempt to provide the best services to the satisfaction of the User and has set high standard of rules and disciplines for all their employees. However, FORTUNE ASSISTS will not at all be responsible for any act of Assists listed at FORTUNE ASSISTS website and app. The FORTUNE ASSISTS shall not be liable for any compensation to any User in any case, however, User can claim refund as per our Refund and Cancellation policy if the occasion so arises.

In no event shall FORTUNE ASSISTS, its directors, partners, investors, officers, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any errors, mistakes, or inaccuracies of content, personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our service and/or through Assists, any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, any interruption or cessation of transmission to or from our servers, any bugs, viruses, which may be transmitted to or through our service by any third party, any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the FORTUNE ASSISTS client, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages, and/or the disclosure of information pursuant to these terms of service or privacy policy. the foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specifically acknowledge that FORTUNE ASSISTS shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.

You agree to defend, indemnify and hold harmless FORTUNE ASSISTS partners, investors, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to advocate fees) arising from your use of and access to the FORTUNE ASSISTS Service and/or your violation of any term of these Terms of Service, privacy policy, refund & cancellation policy and/or your violation of any third party right, including without limitation any copyright, property, or privacy right; or any claim that one of your Ratings and/or Reviews or Comments caused damage to a third party.

Users who are at least eighteen (18) years of age, are eligible to book our Services, whether for personal use or for use of any other person including kids and elders. If you are an individual, you must be fully competent to enter into and to comply with the terms, conditions, obligations, representations, and warranties set forth in these Terms of Use. By using this service, you represent and warrant that you have the right, authority, and capacity to enter into these Terms of Use and can abide by all of the terms and conditions set forth therein.

No provision of this Agreement shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by FORTUNE ASSISTS. Any consent by FORTUNE ASSISTS to, or a waiver by FORTUNE ASSISTS of any breach by you, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

In no event shall the FORTUNE ASSISTS be responsible or liable for any loss, damages or penalty as a result of failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, natural disaster or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services.

FORTUNE ASSISTS may terminate this agreement at any time. Without limiting the foregoing, FORTUNE ASSISTS shall have right to immediately terminate any profile, account, password of user without assigning any reason.

If any provision of the Agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from this Agreement and the remainder of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event, the Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.

In the event a dispute arises between the you and FORTUNE ASSISTS as per the terms of use, the parties shall attempt to amicably resolve the dispute through mutual discussions. Where the dispute is not resolved for a period of 60 days from the date of the dispute, either party can, upon giving a written notice to the other party, declare its intention to initiate arbitration proceedings. The arbitration will be conducted in English in accordance with the rules prescribed under the Arbitration and Conciliation Act, 1996. The venue for the arbitration shall be Bangalore. The arbitration shall be conducted by a sole arbitrator appointed by FORTUNE ASSISTS. The award of the arbitrator shall be final and binding on the parties. Each party shall bear its own cost of arbitration.

These Terms will be governed by and construed in accordance with the Indian laws, without giving effect to its conflict of laws' provisions or your actual state or country of residence, and you agree to submit to personal jurisdiction in India. Courts at Bangalore will have the exclusive jurisdiction. You are responsible for compliance with applicable laws. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms to be unenforceable, the remainder of the Terms will continue in full force and effect. FORTUNE ASSISTS reserves the right to seek all remedies available at law and in equity for violations of these Terms.