Terms and Conditions
You, hereinafter referred to as the "Asset Licensee" acknowledge and consent that you are engaging with oxygen4blr.in, hereinafter the “Asset Licensor”, it's team, volunteers on the following terms and conditions which shall be binding.
1. OWNERSHIP OF ASSET
The ownership of the Asset shall always remain with the Asset Licensor (for and on behalf of the Oyxgen4blr.in group) and the Asset Licensor shall have the sole right, title and interest over the Asset at all times and the Asset Licensee shall not at any time and under any circumstances whatsoever, create any charge, lien or hypothecate, pledge or otherwise encumber the title of the Asset. The Asset Licensee shall not sell, barter, trade, auction, alienate, transfer, or otherwise dispose the Assets for consideration or otherwise.
2. LICENSE OF ASSET:
The Asset Licensor hereby gives to the Asset Licensee the possession of the Asset by way of bare licensee for a maximum period of 7 days or hospitalization of the Patient or the Patient no longer being required to be administered oxygen through the Asset, whichever is earlier (“License Period”). The Asset has been made available to the Asset Licensee by the Asset Licensor, free of cost, without charging any consideration, as charitable help, to be used for the limited purpose of and in connection with the End use by the Asset Licensee for the Patient only, exclusively within the city of Bengaluru, Karnataka.
3. ELIGIBILITY AND MANDATORY DOCUMENTS:
The Asset is being licensed by the Asset Licensor to the Asset Licensee only upon submission of the following documents/details;
a. Scanned/photo copy of the original government of India issued identification proof of the Asset Licensee and Patient, such as Aadhar Card, Passport etc.;
b. Scanned/photo copy of the prescription/letter on letterhead of a registered medical professional who shall certify (stamp and seal) that the Patient requires oxygen support by way of an Oxygen Concentrator;
c. Any other such details/documents as may be required by the Asset Licensor/Oxygen4blr.in team.
This Agreement shall be valid for the License Period as mentioned hereinabove (“Term”) subject to the earlier termination or extension in writing, solely at the discretion of the Asset Licensor.
5. USE AND MAINTENANCE OF THE ASSET:
5.1. The Asset Licensee shall use and maintain the Asset during the License Period in strict conformity with all the instructions regarding the manner of usage and maintenance of the Asset as mentioned in the Operating Manual and Flyers/Pamphlet published by the manufacturer of the Asset and shared with the Asset Licensee by the Asset Licensor.
5.2. The Asset Licensee shall refer to the Oxygen4blr.in website or consult a registered medical professional/doctor in order to further understand the use and maintenance of the Asset.
5.3. The Asset Licensee shall be solely is liable for any damages to the Asset and/or it’s accessories and shall not tamper with, damage or mishandle the Asset.
5.4. The cost of damages to the Asset by the Asset Licensee will be withheld from the Security Deposit. The cost of damages will be finalized by the Asset Licensor/oxygen4blr.in team and the Asset Licensee shall not dispute the same.
6. SECURITY DEPOSIT
6.1. The Asset Licensee shall deposit with the Asset Licensor a sum of Rs. 25,000/- per Asset, upon confirmation of his/her request for the license of the Asset being approved by the Asset Licensor/Oxygen4blr.in team, as interest free security deposit for fulfilment of its obligations under this Agreement (“Security Deposit”). The Security Deposit shall be deposited by the Asset Licensee in the following Account Details;
a. UPI Handle – oxygen4blr@sbi
b. IMPS BANK Transfer: Account No- 10376816674
Account Type – Savings Bank Account IFSC Code – SBIN0008524 Beneficiary Name/Account Name – Gurpreet Walia
6.2. Upon the expiration of the Term of this Agreement or termination of this Agreement, the amount of interest free security deposit shall be returned to the Asset Licensee, subject to deductions mentioned herein, in the same bank account from which the Security Deposit was received by the Asset Licensor from the Asset Licensee.
6.3. In case of any damage/mishandling/tampering of any nature whatsoever to Asset is observed upon inspection by the Asset Licensor/Oxygen4blr.in team, then Asset Licensor/Oxygen4blr.in team shall be entitled to deduct any amount as it may deem fit against any loss or damage caused to the Asset. The decision of the Asset Licensor/ Oxygen4blr.in team shall be final.
6.4. The Security Deposit will be returned to the Asset Licensee by Asset Licensor/oxygen4blr.in team once the Asset Licensee has followed and completed the sanitization protocol and handed over the Asset either back to Asset Liecnsor/oxygen4blr.in team or to the subsequent beneficiary identified by the oxygen4blr.in team in a fully working condition with all appropriate accessories.
7. NO LIABILITY
7.1. The Asset Licensee understands and accepts completely that the Asset licensed herein by the Asset Licensor is being given on a bare license, as is where is basis, more importantly as a charitable help in good faith in this time of crisis and accordingly, the Asset Licnsor/Oxygen4blr.in team, its volunteers, team members or anyone directly or indirectly associated with them shall not be held responsible/liable in any manner whatsoever for any unforeseen/unfortunate circumstances/situations/occurrences, malfunctioning of Asset including, injury/death, worsening of symptoms/condition to/of the Patient.
7.2. The Asset Licensee shall use the Asset as prescribed by a medical professional and as per instruction manual and further shall obtain necessary medical advise with respect to the Patient.
7.3. The Asset Licensee understands and accepts that the Asset Licensor/Oxygen4blr.in team do not promote or advise use of the Asset (Oxygen Concentrator) without proper medical prescription guidance by a competent registered medical professional and further that Asset Licensor/Oxygen4blr.in do not provide any medical assistance/medical professionals or advise and are only doing charitable work for people in need by licensing free of cost the Oxygen Concentrators/Asset, on the terms and conditions in this Agreement.
8.1. This Agreement can be terminated by the Asset Licensor at his discretion, prior to the Term mentioned hereinabove.
8.2. Upon termination/expiration of this Agreement, inspection of state of the Asset will be done by oxygen4blr.in team by reviewing and comparing images posted at the time of receipt and at the time of return of the oxygen concentrator. The decision of the oxygen4blr.in team will be final.
8.3. The termination or expiration of this Agreement shall not relieve any Party of any obligation arising under this Agreement which shall have accrued prior to such expiration or termination.
9.1. Notwithstanding anything to the contrary herein, the Asset Licensee shall indemnify and keep indemnified the Asset Licensor/Oxygen4blr.in team, its volunteers, associates, owners of oxygen concentrators which are termed as Asset herein, or permitted assigns, from and against all claims, demands, actions, suits, costs, damages and proceedings, whatsoever that may be brought or made against the Asset Licensor/oxygen4blr.in team by or on behalf of any person, body, authority, whomsoever and whatsoever and all, disputes/penalties, damages, costs, charges and expenses and all other liabilities of whatsoever nature which the Asset Licensor/oxygen4blr.in team may now or hereinafter be liable to pay, incur or sustain by virtue of or as a result of the bare license granted by the Asset Licensee under this Agreement.
9.2. The indemnity in this Agreement survives the expiry or termination of this Agreement.
10.1. If any provision of this Agreement is held illegal or unenforceable by any court or other authority of competent jurisdiction, such provision shall be deemed severable from the remaining provisions of this Agreement and shall not affect or impair the validity or enforceability of the remaining provisions of the Agreement in such jurisdiction and shall not affect or impair the enforceability of such provision in any other jurisdiction.
10.2. Courts in Bengaluru shall have exclusive jurisdiction to entertain any dispute in relation to this Agreement.
By checking the box alongside, I, the Asset Licensee, hereby declare that I have read, understood and agree to all the above-mentioned terms and conditions of this Agreement between me, the Asset Licensee, and the Asset Licensor.
For queries, please email us at firstname.lastname@example.org