Terms of Service

1. Who these Terms apply to

These Terms apply to every visitor to the Website, whether you are reading about our services, submitting an enquiry, subscribing to our insights, or applying for a role with us.

If you access the Website on behalf of an organisation, you confirm that you are authorised to accept these Terms on that organisation’s behalf.

2. Eligibility

You must be at least 18 years of age and legally capable of entering into a binding contract under the Indian Contract Act, 1872 in order to use the Website or to submit information through it.

3. Informational purpose — no professional advice

The content on the Website — including service descriptions, insights, articles, case examples, frameworks and any downloadable material — is provided for general information only. It describes the kind of work we do; it is not advice on your particular circumstances.

Nothing on the Website constitutes management, financial, legal, regulatory, tax, architectural, accreditation or medical advice, and nothing on it should be relied upon as a substitute for professional advice obtained on the facts of your situation. You should not act, or refrain from acting, on the basis of Website content alone.

In particular, no content on the Website is medical advice, a diagnosis, or a recommendation for treatment, and none of it is directed at patients.

4. No consultant-client relationship

Visiting the Website, reading our insights, submitting the contact form or corresponding with us about a possible engagement does not create a consultant-client relationship between you and Kiwi Consulting, and does not oblige us to accept an engagement.

A consultant-client relationship arises only when we and your organisation sign a written engagement letter, proposal acceptance or master services agreement. The services we then provide are governed by that agreement, which prevails over these Terms in respect of the engagement.

Please do not send us confidential or sensitive information through the Website before an engagement is in place. Information submitted through the contact form is not treated as confidential or privileged until we have confirmed an engagement in writing.

5. Acceptable use

You agree to use the Website lawfully and in good faith. You must not:

1. use the Website for any unlawful, fraudulent or misleading purpose, or in breach of any applicable law, including the Information Technology Act, 2000 and the rules made under it;
2. submit information that is false, impersonates another person, or misrepresents your affiliation with any person or organisation;
3. submit content that is defamatory, obscene, harassing, hateful, invasive of another person’s privacy, or that infringes any intellectual property right;
4. upload or transmit any virus, malware or other code intended to disrupt or damage the Website, or to gain unauthorised access to any system or data;
5. attempt to gain unauthorised access to any part of the Website, our servers, or any system connected to them, or probe, scan or test their vulnerability;
6. use any automated means — including robots, scrapers or crawlers — to access, extract or copy content from the Website, other than search-engine crawlers operating in accordance with our published robots directives;
7. interfere with the proper working of the Website, including by placing an unreasonable load on our infrastructure;
8. reproduce, republish, sell, licence or commercially exploit any part of the Website without our prior written permission.

We may suspend or terminate your access to the Website, without notice, if we reasonably believe you have breached this section.

6. Intellectual property

All content on the Website — including text, graphics, logos, icons, images, page layouts, design elements, frameworks, methodologies and software — is owned by, or licensed to, Agastya Healthcare Consulting Pvt. Ltd. and is protected by Indian and international intellectual property laws.

“Kiwi Consulting Group”, the Kiwi Consulting logo, and “Agastya Healthcare Consulting” are our marks. You may not use them without our prior written consent.

You may view, download and print Website content for your own internal, non-commercial reference, provided you do not modify it and you retain all proprietary notices. Any other use — including reproduction, distribution, public display, or the creation of derivative works — requires our prior written permission.

7. Information you submit to us

When you submit an enquiry, subscribe to our insights, or send us an application, you confirm that the information you provide is accurate and that you are entitled to share it.

You grant us a non-exclusive, royalty-free right to use the information you submit for the purpose for which you submitted it — to respond to your enquiry, to send you the updates you asked for, or to assess your application. We handle that information in accordance with our Privacy Policy.

If you send us unsolicited ideas, proposals or suggestions about our business, we may use them without restriction and without any obligation to you.

8. Availability of the Website

We aim to keep the Website available, but we do not guarantee that it will be uninterrupted, timely, secure or error-free. We may change, suspend, restrict or discontinue any part of the Website at any time, including for maintenance, upgrades, or for reasons outside our control.

We are not liable for any unavailability of the Website or for any loss arising from it.

9. Disclaimer of warranties

The Website and its content are provided “as is” and “as available”. To the fullest extent permitted by law, we disclaim all warranties, whether express or implied, including any implied warranty of merchantability, fitness for a particular purpose, non-infringement, or the accuracy, completeness or currency of content.

While we take care in preparing our content, healthcare regulation, accreditation standards and market conditions change. We do not warrant that Website content is current, and we are under no obligation to update it.

10. Limitation of liability

To the fullest extent permitted by law, neither Kiwi Consulting nor Agastya Healthcare Consulting Pvt. Ltd., nor our directors, employees, consultants or agents, will be liable for any indirect, incidental, special, consequential or punitive loss, or for any loss of profits, revenue, business, goodwill, data or anticipated savings, arising out of or in connection with your use of, or inability to use, the Website — whether in contract, tort (including negligence), under statute or otherwise, and whether or not we were advised of the possibility of such loss.

Our total aggregate liability arising out of or in connection with the Website is limited to INR 10,000 (ten thousand rupees).

Nothing in these Terms excludes or limits any liability that cannot lawfully be excluded or limited, including liability for fraud or for death or personal injury caused by negligence.

This section does not apply to services delivered under a signed engagement agreement. Liability for those services is governed exclusively by that agreement.

11. Indemnity

You agree to indemnify and hold harmless Agastya Healthcare Consulting Pvt. Ltd., its affiliates, and their respective directors, employees, consultants and agents against any claim, demand, loss, liability, cost or expense (including reasonable legal fees) arising out of your breach of these Terms, your misuse of the Website, or your violation of any law or of the rights of any third party.

12. Third-party links and content

The Website may contain links to third-party websites, resources or publications. We provide those links for convenience. We do not control, endorse or take responsibility for the content, products, services or privacy practices of any third-party website, and your use of them is at your own risk and subject to their terms.

13. Privacy

Our collection and use of personal data through the Website is described in our Privacy Policy, which forms part of these Terms. By using the Website, you acknowledge that you have read it.

14. Changes to these Terms

We may revise these Terms from time to time. The revised version takes effect when it is published on this page, and the “Last updated” date will be changed accordingly. Continuing to use the Website after that date means you accept the revised Terms. Please check this page periodically.

15. Governing law and jurisdiction

These Terms, and any dispute or claim arising out of or in connection with them or their subject matter, are governed by and construed in accordance with the laws of India.

The courts at Mumbai, Maharashtra shall have exclusive jurisdiction over any dispute arising out of or in connection with these Terms or your use of the Website.

16. General

• Severability — if any provision of these Terms is found to be invalid or unenforceable, the remaining provisions continue in full force.
• No waiver — our failure to enforce any provision is not a waiver of our right to enforce it later.
• Entire agreement — these Terms, together with our Privacy Policy, form the entire agreement between you and us in relation to your use of the Website, and supersede any prior understanding on that subject.
• Assignment — you may not assign or transfer your rights under these Terms. We may assign ours in connection with a reorganisation, merger or transfer of our business.
• Force majeure — we are not liable for any failure or delay in performance caused by events outside our reasonable control.

17. Contact us

For questions about these Terms, or to raise a complaint about content on the Website, contact our Grievance Officer, appointed in accordance with the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, using the details below.

We will acknowledge your complaint within 24 hours of receipt and resolve it within 15 days, in accordance with applicable law.