a) This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signature.
c) The Website and the Application are owned and operated by NIZCARE PRIVATE LIMITED (“Company”), a private company limited by shares, incorporated under the provisions of the Companies Act, 2013, and having a branch office located at Regus KRM Plaza, South Towers, 8th Floor, No.2, Harrington Road, Chetpet, Chennai – 600 031, where such expression shall, unless repugnant to the context thereof, be deemed to include its respective representatives, administrators, employees, directors, officers, agents and their successors and assigns.
e) The features / services of this Application, Website, and Service are only meant to be available and used within the sovereign territory of India. Users (defined below)located outside India are not permitted to use / view / access the same.
f) These Terms have been made and published in accordance and compliance with, and governed by the provisions of Indian law, including without limitation, the provisions of (i) The Indian Contract Act, 1872; (ii) The Information Technology Act, 2000; (iii) The Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011; and (iv) The Information Technology (Intermediaries Guidelines) Rules, 2011.
g) For the purpose of these Terms, wherever the context so requires:
i) The term “the User”&“User” shall mean any legal person or entity accessing or using the Services (defined below) provided on the Application, who is competent to enter into binding contracts, as per the provisions of the Indian Contract Act, 1872. For the purposes of these Terms, the collective gender neutral pronouns ‘it’, ‘its’ and ‘itself’ shall be used to reference the User;
ii) The terms “Party”&“Parties” shall respectively be used to refer to the User and the Company individually and collectively, as the context so requires.
iii) The term “Hospital” shall mean any hospital frequented by the User for its medical needs, specifically any hospital that the User visits pursuant to booking an appointment on the Application, or any hospital in which a Physician (defined below) practices. The term ‘Hospital’ shall also include the private clinic of a Physician, or a private clinic in which a Physician consults / practices.
iv) The term “Physician” shall mean and include each and every medical practitioner, including without limitation doctors, physicians, surgeons, dentists, imaging technicians, phlebotomists, nurse practitioners, and lab technicians who are registered on the Application, whether or not they directly provide Service(s) to the User.
h) The headings of each section in these Terms are only for the purpose of organizing the various provisions under these Terms in an orderly manner, and shall not be used by either Party to interpret the provisions contained herein in any manner. Further, it is specifically agreed to by the Parties that the headings shall have no legal or contractual value.
i) The Application has been designed by the Company to assist the User by providing it with a multitude of options and services to taking care of its medical needs, including without limitation (i) facilitating the answering of the User’s medical queries by Physicians;(ii) enabling the User to book a virtual appointment to avail of private text, audio, and/or video consultation services from Physicians, including online medical prescriptions (“e-Appointment”);(iii) enabling the User to have its queries posted and answered on a public forum and answered by a panel of Physicians (“Forum”); (iv) enabling the User to access and view blog posts, videos, links, and other material posted by Physicians; (v) enabling the User to book an offline / real life face-to-face appointment with Physicians, in a Hospital Setting (“Appointment”); (vi) enabling the User to book an appointment for home visit / consultation from Physicians (“Home Consult”); (vii) enabling the User to book an appointment for home collection of blood / urine / hair / stool samples for pathological tests and various other diagnostic and testing services, and / or to measure the User’s vitals (including but not limited to blood pressure, temperature, weight, blood sugar, pulse, activity, oxygen saturation, hearing, and eyesight), readings, symptoms, and various other test results, including without limitation echocardiograms, ultrasounds, CT scans, and PET scans (collectively, ‘Vitals’); (viii) enabling the User to have a Physician interpret the Vitals; (ix) providing alternative strictly non medical services, with no proven or claimed medicinal / therapeutic effect whatsoever, including without limitation yoga, mediation, massages, and ayurveda (“Wellness”); and (x) enabling the User to search for Physicians by name, specialty, and geographical area, or any other criteria that may be developed and made available by the Company, and thereafter view their profile and any information/videos/blog posts made by each such Physician, and book Appointments, e-Appointments, and/or Home Consult visits with such Physicians (collectively, the “Service”).
k) The User unequivocally agrees that these Terms and the aforementioned Policy constitute a legally binding agreement between the User and the Company, and that the User shall be subject to the rules, guidelines, policies, terms, and conditions applicable to any Service that is provided by the Company through the Application, and that the same shall be deemed to be incorporated into the Terms, and shall be treated as part and parcel of the same. The User acknowledges and agrees that no signature or express act is required to make the Terms and the Policy binding on the User, and that the User’s act of using any part of the Application or Service constitutes the User’s full and final acceptance of these Terms and the aforementioned Policy.
l) The Parties expressly agree that the Company retains the sole and exclusive right to amend or modify the Terms and the aforementioned Policy without any prior permission or intimation to the User, and the User expressly agrees that any such amendments or modifications shall come into effect immediately. The User has a duty to periodically check the Policy and Terms, and stay updated on their provisions and requirements. If the User continues to use the Application following such a change, the User will be deemed to have consented to any and all amendments / modifications made to the Policy and Terms. In so far as the User complies with the Policy and Terms, he/she is granted a personal, non-exclusive, non-transferable, revocable, limited privilege to enter, access and use the Application, and avail of the Services provided therein.
2. ACCEPTANCE OF TERMS
a) These Terms form an electronic contract that establishes legally binding terms that the User must accept to use the Service provided through the Application. These Terms include by reference the Company’s Policy, and any other terms disclosed and agreed to by the User in the event the User purchases or accepts additional features, products or services in addition to the Service, including but not limited to terms governing special features, billing, free trials, discounts, promotions, home consultations, and medical prescriptions.
b) The User is aware and agrees that the Company reserves the sole and exclusive right to amend or modify these Terms without any prior permission or intimation to the User, and the User expressly agrees that any such amendments or modifications shall come into effect immediately. The User has a duty to periodically check the Terms and stay updated on its requirements. If the User continues to use the Application following such a change, the User will be deemed to have consented to any and all amendments / modifications made to the Terms. In so far as the User complies with these Terms, it is granted a personal, non-exclusive, non-transferable, revocable, limited privilege to access and use the Application.
The User represents and warrants that it is competent and eligible to enter into legally binding agreements and that it has the requisite authority to bind itself to these Terms, as determined solely by the provisions of the Indian Contract Act, 1872. The User may not use the Application if it is not competent to contract under the Indian Contract Act, 1872, or is disqualified from doing so by any other applicable law, rule, regulation or judicial verdict currently in force.
4. CREATION OF AN ACCOUNT
In order to avail of the Service, the User must first provide certain details to the Company through the Application, including but not limited to the User’s name, age, gender, mobile phone number, email address, photographs, user-name, password, geographical location, blood group, medical history, allergies, other medical information, Vitals, etc., to create an account, that can subsequently be used to avail of the Service. If the User chooses to do so, the User hereby authorises the Company to access and use any and all such information provided, as governed by the terms of the Policy.
5. TERM AND TERMINATION
These Terms will remain in full force and effect while the User avails of the Service and/or is in possession of an active account. The User is aware that the Company may terminate or suspend the User’s account at any time, without cause or notice, if the Company believes that the User has breached the Terms, or for any other reason, in its sole discretion. The User is further aware and expressly agrees that even after the User’s account is terminated for any reason, these Terms shall survive such termination, and continue to operate in full force and effect, except for any terms that by their nature expire or are fully satisfied.
6. NON-COMMERCIAL USE
The Service is only for the personal use of the User. The User may not use the Service or any content contained in the Service (including, but not limited to the designs, concept, text, graphics, images, videos, blogs, medical advice, prescriptions, idea, information, logos, software, audio files and/or computer code) in connection with any commercial endeavours, including but not limited to advertising or soliciting any individual to buy or sell any products or services not offered by the Company or through the Application. The User may not use any information obtained from the Service to contact, advertise, solicit, or sell any product/service to any individual, either within the Application or otherwise. The User is also expressly and categorically prohibited from offering or posting about any products or services that are in competition with the Service, or otherwise promote or furnish contact details with respect to Physicians / Hospitals not listed / registered on the Application. The User expressly and unconditionally agrees to not use the Application or Service for any use not intended or specifically provided fo by these Terms without the express written permission of the Company. Organizations, companies, and/or businesses may not use / view / access the Application or the Service for any purpose, or in any manner whatsoever. Individuals representing such organizations, companies, and/or businesses are also similarly expressly and categorically prohibited from using / viewing / accessing the Application. The Company may investigate and take any available legal action in response to illegal and/or unauthorized uses of the Application / Service, including without limitation the collection of usernames and/or email addresses of Users by electronic or other means, for the purpose of sending unsolicited emails. The User hereby expressly agrees and undertakes not to disseminate or make available to any individual, any and all information and material the User may come into contact with or receive, whether directly or indirectly, during its use of the Application and Service, whether or not such information / material is sent to / targeted at the User.
7. ACCOUNT SECURITY
The User is responsible for maintaining the confidentiality of its username and password, assigned to the User during the registration process, and the User is solely responsible for all activities that occur under the same. The User agrees to immediately notify the Company of any disclosure or unauthorized use of the User’s username or password, or any other breach of security with respect to the User’s account, and also ensure that it logs out from its account at the end of each session. The User expressly acknowledges and agrees that neither the Company nor the Hospitals or Physicians shall be liable in any manner whatsoever for any guidelines / instructions / information sent to the User, or any manner of injury, loss or damage suffered by the User as a result of the User following such guidelines / instructions / information, and that the use of the Application and the Service is in no way intended to be a substitute for the User undergoing periodical health checkups by a certified medical practitioner. The User is expressly aware and unconditionally agrees that no part of the Service is in any way indented to constitute medical advice, and that the responsibility for any act or omission by the User arising from the User’s use of the Application / Service is solely attributable to the User. The User agrees to absolve the Company from, and indemnify the Company against, all claims that may arise as a result of the User’s actions resulting from the User’s use of the Application / Service. The User shall also be completely and solely responsible for any and all charges that are registered for / subscribed to using the User’s account, and the User expressly and unconditionally agrees that it shall have no recourse or option of a refund for any services availed of through the account, on the grounds of breach of security.
8. PROPRIETARY RIGHTS
a) The User is aware that the Company owns and retains all proprietary rights in the Application and Service, and in all content, copyrights, trademarks, trade names, service marks and other intellectual property rights related thereto, whether or not the Company has applied for / obtained registration for such intellectual property. The Application and Service contain the copyrighted material, trademarks, and other proprietary information of the Company and its licensors, and the User agrees not to copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible through the Service, without first obtaining the prior written consent of the Company, or if such property is not owned by the Company, the owner of such intellectual property or proprietary rights. The User agrees to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.
b) The User is further aware that all images, content, trademarks, trade names, service marks and other intellectual property rights used in relation to the Hospital are the proprietary information of the Hospital, and the User agrees not to copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible through the Service, without first obtaining the prior written consent of the Hospital, or if such property is not owned by the Hospital, the owner of such intellectual property or proprietary rights. The User agrees to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.
c) The User is aware and expressly acknowledges that all videos, blog posts, and other material shared by Physicians, including without limitation medical opinions, advice, and prescriptions, are the sole and exclusive proprietary content and intellectual property of the Company. The User is categorically prohibited from copying or disseminating the same, and/or from making the same available to any other person or entity. The aforesaid materials are solely and exclusively meant for the personal use of the User, and the User is only entitled to view and access the same for the duration that the it maintains an active account on the Application, and remains eligible to avail of the Service.
9. INFORMATION SUPPLIED BY THE USER
a) The User expressly acknowledges and agrees that it is solely and entirely responsible for the content and information that it shares, supplies, posts, uploads, publishes, links to, transmits, records, displays or otherwise divulges / makes available to the Company / Physician / Hospital through the Application, directly or indirectly, including without limitation queries, symptoms, Vitals, readings, test results, geographical location, pictures, videos, contacts, purchase history and web browsing history(“Information”), whether publicly posted or privately transmitted, and whether or not such Information is directly supplied by the User through the Application, or indirectly collected by the Application from the User’s mobile device / computer / platform, or account history. The User expressly acknowledges and agrees that the Company shall not in any manner whatsoever be liable for any guidelines / instructions / information / advice / prescriptions / course of treatment / opinion / impression / interpretation given to the User by a Physician / Hospital, or any manner of injury, loss, or damage suffered by the User as a result of the User following any of the aforesaid or the User acting in any manner pursuant thereof, and that the use of the Application and the Service is in no way intended to be a substitute for the User visiting a certified medical practitioner qualified to diagnose the User, or for the User undergoing periodical health checkups by a certified medical practitioner. The User is expressly aware and unconditionally agrees that no part of the Service is in any way indented to constitute medical advice, and that the responsibility for any act or omission by the User arising from the User’s use of the Application / Service is solely attributable to the User. The User agrees to absolve the Company from, and indemnify the Company against, all claims that may arise as a result of the User’s actions resulting from the User’s use of the Application / Service.
b) The User may not Post as part of the Service, or transmit to the Company / Physician / Hospital (either on or off the Application), any offensive, inaccurate, incomplete, abusive, obscene, profane, threatening, intimidating, harassing, racially offensive, or illegal material, or any material that infringes or violates another person’s rights (including intellectual property rights, and rights of privacy and publicity). The User represents and warrants that (i) all information that the User submits upon creation of the account is accurate and truthful, and that the User will promptly update any information that subsequently becomes outdated, inaccurate, incomplete, misleading or false and (ii) the User has the right to post the Information on the Application and grant the licenses set forth below, and all of the aforesaid Information pertains to the User.
c) The User understands and agrees that neither the Company nor the Physician / Hospital is obligated to monitor, review, or respond to any Information the User posts as part of the Service. The User further understands and agrees that neither the Company nor the Physician / Hospital makes any guarantees or assurances with respect to the swiftness of the Physician / Hospital to monitor, review, or respond to any information posted by the User, or the accuracy / correctness of any such response, if any. Further, the Company may delete any Information, in whole or in part, that in the sole judgment of the Company violates these Terms or may harm the reputation of the Application, Website, Service, Company, Physician, or Hospital. The User is fully aware that the use of the Application and the Service is in no way intended to be a substitute either for the User immediately informing its medical practitioner of any developments / symptoms that might occur and immediately seeking professional medical assistance in that respect, or for the User undergoing periodical health checkups by a certified medical practitioner. The User is expressly aware and unconditionally agrees that no part of the Service is in any way indented to constitute medical advice, and that the responsibility for any act or omission by the User arising from the User’s use of the Application / Service is solely attributable to the User. The User agrees to absolve the Company from, and indemnify the Company against, all claims that may arise as a result of the User’s actions resulting from the User’s use of the Application / Service.
d) By posting Information as part of the Service, the User automatically grants to the Company, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, transferable, sub-licensable, fully paid-up, worldwide right and license to (i) use, copy, store, perform, display, reproduce, record, play, adapt, modify and distribute the content, (ii) prepare derivative works of the content or incorporate the content into other works, and (iii) grant and authorize sublicenses of the foregoing in any media now known or hereafter created. The User represents and warrants that any posting and use of the User’s Information by the Company will not infringe or violate the rights of any third party.
e) The User may not post, upload, display or otherwise make available content that:
i. promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
ii. advocates harassment or intimidation of another person;
iii. requests money from, or is intended to otherwise defraud, other users of the Service;
iv. involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming” (or “spimming”, “phishing”, “trolling” or similar activities);
v. promotes information that is false or misleading, or promotes illegal activities or conduct that is defamatory, libellous or otherwise objectionable;
vi. promotes an illegal or unauthorized copy of another person’s copyrighted work, including without limitation providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files;
vii. contains video, audio, photographs, or images of another person without his or her permission (or in the case of a minor, the minor’s legal guardian);
viii. contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
ix. provides material that exploits people in a sexual, violent or other illegal manner, or solicits personal information from anyone under the age of 18;
x. provides instructional information about illegal activities such as making or buying illegal weapons or drugs, violating someone’s privacy, or providing, disseminating or creating computer viruses;
xi. contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices;
xii. impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity;
xiii. provides information or data the User do not have a right to make available under law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information);
xiv. disrupts the normal flow of dialogue, causes a screen to “scroll” faster than other users are able to type, or otherwise negatively affects other users’ ability to engage in real time exchanges;
xv. solicits passwords or personal identifying information for commercial or unlawful purposes from other users or disseminates another person’s personal information without his or her permission; and
xvi. publicizes or promotes commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
xvii. the Company, in its sole and exclusive determination, deems to be a violation of these Terms or an otherwise undesirable addition to the Service / Application.
f) The Company reserves the right, in its sole discretion, to investigate and take any legal action against any User who violates these provisions, including removing the offending Information from the Service and terminating or suspending the account of the User. Provided however, that the Company shall be under no obligation to investigate any such incident in order to take the aforesaid action.
g) The User’s use of the Service, including all Information posted by the User through the Service, must comply with all applicable laws and regulations. The User agrees and acknowledges that the Company may access, preserve and disclose the User account information and Information if required to do so by law, or if it in good faith believes that such access, preservation or disclosure is reasonably necessary, to: (i) comply with any legal process; (ii) enforce these Terms; (iii) respond to claims that any content violates the rights of third parties; (iv) respond to the User’s requests for customer service, or allow the User to use the Service in the future; or (v) protect the rights, property or personal safety of the Company, Hospital, or any other person.
h) The User agrees that any Information the User posts on the Service may be used by the Company and may be disclosed to third parties at the sole discretion of the Company, and as governed by the Policy, and the User hereby expressly consents to the same.
10. THE FORUM
The User is aware and expressly acknowledges that no doctor-patient relationship is established between any Physician and User on the Forum. Physicians will not issue and/or prescribe any medication on the Forum, and the User is aware and expressly acknowledges that the Company makes no guarantee that any Physician will respond to the User’s query at all. The Forum is a platform only meant for the exchange of basic information, and is not in any manner intended to be a consultation or any other form of medical advice.
a) The User may book an e-Appointment with any Physician registered on the Application, either immediately or at a particular time slot, based on the availability of the Physician in question. Each Physician’s rates for text, audio, and video calls will be displayed prominently on the Physician’s profile, and the User will be required to make complete payment in advance in order to avail of the e-Appointment Service. In the event of the User not being present online and on time for its e-Appointment, the same will be considered as a no-show (“No-Show”). In the event of a No-Show, the User will not be entitled to a refund under any circumstances. Notwithstanding the foregoing, the User may cancel or reschedule an Appointment / e-Appointment within six (6) hours of booking the Appointment / e-Appointment. In such case, the User will be entitled to a full refund, less the Company’s handling fees, if any.
b) In the event of a No-Show in respect of a physical in-person Appointment, the User shall be required to pay the full amount payable for such Appointment, and the User does hereby expressly and unconditionally authorize and permit the Company to debit such amount from the User’s wallet or deduct / offset the same from any credit payable to the User, and/or charge the same to the User’s credit card. If the User fails or refuses to make such payment within three (3) days of the No-Show, the Company shall, in addition to its other remedies in law and equity, be entitled to suspend / terminate / disable the User’s account, preventing the User from being able to access the Application / avail of the Service. Notwithstanding the foregoing, the User shall have one (1) days from the date of No-Show to establish that it had a legitimate reason for the No-Show. Any such legitimate and genuine reasons may result, at the sole discretion of the Company, a waiver of any fees payable in respect of the Appointment, and/or the rescheduling of the Appointment / e- Appointment.
c) The provisions of Clause 11 b) hereinabove shall apply (as modified to suit the context) t0 Home Consult visits in which the User is not present, or refuses to avail of the Service.
d) In the event of the Physician with whom User has booked an Appointment or e-Appointment being absent or otherwise unable to meet the User, the User will be required to notify the Company of the same within one (1) day from the occurrence of such event, in order to avoid any of the aforementioned penalties and/or obtain a refund, if applicable.
The User is aware that any refund made will at most be equal to the amount actually paid by the User, and shall not include any discount value / promotion applied or provided by the Company.
12. PROHIBITED ACTIVITIES
The Company reserves the right to investigate, suspend and/or terminate the User’s account if the User has misused the Service or behaved in a manner the Company determines to be inappropriate or unlawful, including actions or communications that occur outside the Application, but involves the Service or information obtained through the Service, at the Company’s sole and exclusive determination. The following is a non exclusive list of actions and activities that the User is not permitted to engage in while availing of the Service:
a) impersonate any person or entity;
b) solicit / extort money from any individual(s);
c) Offer money to any individual, for any reason whatsoever;
d) post any content that is prohibited by these Terms or any applicable law currently in force;
e) stalk or otherwise harass any person;
f) harm a minor, or minors in general, in any manner whatsoever;
g) engage in any manner of activity that is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, racially / ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
h) engage in any manner of activity that threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, public order, causes incitement to the commission of any cognizable offence, prevents the investigation of any offence, or is insulting any other nation;
i) engage in any form of antisocial, disrupting, or destructive acts, including without limitation "flaming", "spamming", "flooding", "trolling", "phishing" and "griefing";
j) express or imply that any statements the User makes are endorsed by the Company / Physician / Hospital without the Company’s / Physician / Hospital’s specific prior written consent;
k) use the Service in an illegal manner, or to commit an illegal act;
l) access the Service in a jurisdiction in which it is illegal, unauthorized, or not intended to be used;
m) conceal the identity, source, or destination of any illegally gained money or products;
n) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Application / Service or its contents;
o) collect usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Application / Service;
p) interfere with or disrupt the Application / Service or the servers or networks connected to the Application / Service;
q) email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
r) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Application / Service (either directly or indirectly through use of third party software);
s) “frame” or “mirror” any part of the Application / Service, without the Company's prior written authorization;
t) use meta tags or code or other devices containing any reference to the Company / Physician / Hospital / Application/ Service (or any trademark, trade name, service mark, logo or slogan of the Company) to direct any person to any other website for any purpose;
u) modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Application / Service any software used on or for the Service, or cause others to do so;
v) post, use, transmit or distribute, directly or indirectly, (e.g. screen scrape) in any manner or media any content or information obtained from the Application / Service other than solely in connection with the User use of the Service in accordance with these Terms; and
w) access the Application / Service through a virtual private network (VPN), web proxy, tunnelling, onion router / browser, or through any manner of software / hardware that masks or disguises the User’s information, location, and other internet based identifiers.
13. CUSTOMER SERVICE
By using the Application/Service and/or being in possession of an active account, the User hereby expressly and unconditionally authorizes the Company to contact it by any manner the Company deems fit, including without limitation emails, text messages, phone calls, and Whatsapp messages. The User is aware and expressly agrees that such communication may be for a variety of reasons, including in relation to a Service the User has opted for; imparting product knowledge; offering promotional or limited time offers; offering reminders about upcoming Appointments, e-Appointments, or Home Consults; and to request feedback or an experience survey relating to any Service the User has availed of. The User is aware and expressly agrees that such communication shall be made irrespective of whether the User has registered itself under DND, DNC or any similar service, and the User does hereby authorize the Company and its employees / agents / customer service representatives to communicate with it for the duration that the User maintains an active account, and for a period of 2 (two) years thereafter. When communicating with the said customer care representatives, the User agrees to not be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, and to not otherwise behave inappropriately. If the Company is of the impression that the User’s behaviour towards any of the said customer care representatives or other employees of the Company is at any time threatening or offensive as described hereinabove, the Company reserves the right to immediately terminate the User’s account. The User is aware and agrees that all interactions with the Company’s customer care representatives, including text chats, emails, and voice calls, may be recorded and stored indefinitely for future use, even after the user ceases to maintain an active account on the Application.
14. MODIFICATIONS TO SERVICE
The Company reserves the right at any time to modify or discontinue, temporarily or permanently, the Application or Service (or any part thereof) with or without notice. The User agrees and acknowledges that the Company shall not be liable to the User, or to any third party for any modification, suspension or discontinuance of the Service. To protect the integrity of the Service, the Company reserves the right to block users from certain IP addresses from accessing the Service, at any time and at its sole discretion.
a) The User expressly and unconditionally acknowledges and agrees that neither the Company, nor its affiliates or third party partners, shall be responsible for, nor shall they be deemed to have any liability - directly or indirectly, for any loss or damage, including personal injury or death, as a result of or alleged to be the result of (i) any response to Information posted in the Application, whether or not caused by the User posting incorrect or inaccurate Information, delay in the Physician monitoring / responding to such Information posted by the User, any equipment or programming associated with or utilized in the Application / Service, or otherwise; (ii) the timeliness, deletion or removal, incorrect delivery, failure to store, or failure to communicate to Physicians, any Information, content, communications or personalization settings of the User; (iii) the conduct, whether online or offline, of any user or employee / affiliate of the Company, or the Physician; (iv) any error, omission or defect in, interruption, deletion, alteration, delay in operation or transmission, theft or destruction of, or unauthorized access to, the User, User communications or Information; (v) any problems, failure or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software or failure of the Application / Service, on account of technical problems or traffic congestion on the internet or at any website or combination thereof, including death, injury or damage to Users or to any other person’s computer or device related to or resulting from participating or downloading materials in connection with the internet and/or in connection with the Application / Service. (vi) Any loss, damage, death or injury whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, caused due to or alleged to be caused due to the actions or inactions of the Physician / Hospital or Company, or any of their employees/personnel, or any unrelated third party; (vii) any manner of injury, damage, or loss caused to the User or any third party connected to the User (either directly or indirectly), as a result (either directly or indirectly) of the User failing to comply with the precise instructions given to the User by the Physician / Hospital; (viii) any manner of injury, damage, or loss caused to the User or any third party connected to the User (either directly or indirectly), as a result (either directly or indirectly) of the User complying with the precise instructions given to the User by the Physician / Hospital, including without limitation any misdiagnoses, side effects from treatment, effects of incorrect treatment, and any delays caused in starting the correct treatment; and the User hereby expressly and unconditionally acknowledges and agrees that the Company shall not have any responsibility or liability whatsoever with respect to the same, or in any other manner whatsoever.
b) The User is aware and acknowledges that to the maximum extent allowed by applicable laws, the Company provides the Service on an “as is” and “as available” basis, and grants no warranties of any kind, whether express, implied, statutory or otherwise with respect to the Service (including all content contained therein), including (without limitation) any implied warranties of satisfactory quality, merchantability, fitness for a particular purpose or non-infringement. The Company does not represent or warrant that the Service will be uninterrupted or error free, secure or that any defects or errors in the Service will be corrected. The User further agrees and understands that the Company is in no manner involved with or responsible for the information / guidance / instructions provided by the Physician / Hospital, and merely provides a means of communication and facilitation between the Physician / Hospital and the User. The User is expressly aware and unconditionally agrees that the Company in no manner provides any warranties or guarantees in respect of the Service, or the Physician’s / Hospital’s aptitude, qualifications, permissions, licences, or eligibility to practice medicine / provide services.
c) The User is further aware and acknowledges that any material downloaded or otherwise obtained through the use of the Application/ Service is accessed by the User at its own discretion and risk, and the User will be solely responsible for and does hereby waive any and all claims and causes of action with respect to any damage to the User’s device, computer system, internet access, download or display device, or loss or corruption of data that results or may result from the download of any such material.
d) The Company may make content posted by Physicians, third party opinions, advice, statements, offers, or other third party information or content available through the Service. The User is aware that all such content is the responsibility of the respective authors thereof, and the Company does not make any warranties or guarantees with respect to the same. The User is further aware that the Company does not: (i) guarantee the accuracy, completeness, or usefulness of any content provided through the Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears in the Service. The User agrees and acknowledges that under no circumstances will the Company or its affiliates be responsible or liable for any loss or damage resulting from the user reliance on information or other content posted in the Service / Application, or transmitted to or by any other users.
e) The User is aware and expressly and unconditionally agrees that any advice / treatment / instructions / guidance provided as part of Wellness under the Service is purely meant to be placebo at best, and has no proven scientific or medical benefits. The Company makes absolutely no warranties or guaranties with respect to the same, and all the provisions of these terms shall also apply to any Wellness related Services availed of by the User. Wellness Services are in absolutely no manner intended to provide any manner of therapeutic effect or benefit, and in not any means of substitute for actual medical treatment from a certified medical practitioner, irrespective of what might be claimed by any individual or entity on the Application, including Physicians. The User is expressly aware and unconditionally agrees that no part of the Service is in any way indented to constitute medical advice, and that the responsibility for any act or omission by the User arising from the User’s use of the Application / Service is solely attributable to the User. The User agrees to absolve the Company from, and indemnify the Company against, all claims that may arise as a result of the User’s actions resulting from the User’s use of the Application / Service.
f) The User is express aware, and unconditionally agrees that the Company is not in any manner involved in the provision of any healthcare or medical advice or diagnosis, and hence is not responsible for any outcome between the User and the Physician. If the User elects to engage with a Physician to avail of Services, the User does so at its own risk. The User shall be required to perform its own investigation and diligence with respect to the Physician’s qualifications, licence to practice, and ability prior to availing of any Service from such Physician. The Company shall not be responsible for any breach of service, deficiency of service, malpractice, negligence (whether civil, criminal, or tortuous), or be otherwise liable for Physicians in any manner whatsoever.
g) The User is expressly aware and unconditionally agrees that the Company’s role is limited to providing a platform for the Services, and facilitating the interaction between the User and Physicians / Hospitals. The User expressly and unconditionally agrees that the Company’s role is that of an 'intermediary' as defined under the Information Technology Act, 2000, and the rules thereunder. The User is further expressly aware that being an intermediary, the Company has absolutely no responsibility and/or liability in respect of the Services /Application. The User is expressly aware and unconditionally agrees that the Company does not endorse / influence control over any particular branch of medicine, theory, opinion, viewpoint or position on any topic, and that the same are solely and exclusively attributable to the Physicians who propagate the same.
h) The User is expressly aware and unconditionally agrees that the Company does not have any obligation to pre-screen or monitor any content posted on the Application at any time. Further, the Company is also under absolutely no obligation to remove any content available on the Application, irrespective of whether the same has been posted by a User/Physician, or whether the same violates these Terms, even if the Company has been notified of the same in writing. Notwithstanding the foregoing, the Company retains the right to monitor and/or remove any content that the Company determines in its sole discretion to be in violation of these Terms, any applicable law, or contrary to the Company’s own business practices.
i) The Company retains the right to inform relevant government or law enforcement authorities in the event of any suspected illegal, wrongful or fraudulent activity on the Application. The User is expressly aware that the Company will cooperate in all investigative procedures or requests for access or information initiated by any such government or law enforcement authority, without any obligation to notify the User of the same.
If the User does not accept these disclaimers, the User is not authorized to download or obtain any material or content through the Service, and is required to immediately cease using the Application and delete the same from its mobile device / computer / platform.
The User is aware that the Service / Application may contain or provide advertisements and/or promotions offered by third parties and links to other websites or resources. The User acknowledges and agrees that the Company is not responsible for the availability of such external websites or resources, and that the Company does not endorse and is not responsible or liable for any content, information, statements, advertising, goods or services, or other materials on or available from such websites or resources. User correspondence or business dealings with, or participation in promotions of, third parties found in or through the Application / Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between the User and such third party. The User further acknowledges and agrees that the Company 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 upon, any such content, information, statements, advertising, goods or services or other materials available on or through any such website or resource.
17. LIMITATION OF LIABILITY
To the fullest extent allowed by applicable law, in no event will the Company, or any of its affiliates, business partners, licensors or service providers be liable to the User or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including, without limitation, death, injury, trauma, loss of profits, loss of goodwill, damages for loss, corruption or breaches of data or programs, service interruptions and procurement of substitute services, even if the Company has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, the Company's liability to the User for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by the User to the Company for the Service while the User maintains an account. The User agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms must be filed within One (1) year after such claim or cause of action arose or be forever barred. The Parties expressly agree that in the event of any statute, rule, regulation or amendment coming into force that would result in the Company/ Website/Application incurring any form of liability whatsoever, these Terms and the Policy will stand terminated one (1) day before the coming into effect of such statute, rule, regulation or amendment, and the User shall be categorically prohibited from using the Application / Service with immediate effect, even if the same has not been taken offline by the Company.
18. INFORMATION COLLECTED FROM THE USER'S DEVICE
The User is aware and hereby expressly acknowledges and agrees that the Company may access, store and disseminate information collected from the User's device through the Application, whether or not such information/material is supplied directly by the User or has been collected by the Application, including without limitation the User's Information.
19. DISPUTE RESOLUTION AND JURISDICTION
It is expressly agreed to by the Parties hereto that the formation, interpretation and performance of the Terms and/or Policy, and any disputes arising therefrom, will be resolved through a two-step Alternate Dispute Resolution (“ADR”) mechanism.
a) Mediation: In case of any dispute between the Parties, the Parties will attempt to resolve the same amicably amongst themselves, to the mutual satisfaction of both Parties. In the event that the Parties are unable to reach such an amicable solution within thirty (30) days of one Party communicating the existence of a dispute to the other Party, the dispute will be resolved by arbitration, as detailed hereinbelow;
b) Arbitration. In the event that the Parties are unable to amicably resolve a dispute by mediation, said dispute will be referred to arbitration by a sole arbitrator to be appointed by the Company, and the award passed by such sole arbitrator will be valid and binding on both Parties. The Parties shall bear their own costs for the proceedings, although the sole arbitrator may, in its sole discretion, direct either Party to bear the entire cost of the proceedings. The arbitration shall be conducted in English, and the seat of Arbitration shall be Chennai, Tamil Nadu, India.
The Parties expressly agree that the Terms, Policy and any other agreements entered into between the Parties are governed by the laws, rules and regulations of India, and that the courts at Chennai, Tamil Nadu, India, at shall have exclusive jurisdiction over any disputes arising between the Parties.
20. INDEMNITY BY THE USER
The User agrees to indemnify and hold the Company, and its subsidiaries, affiliates, officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of the User’s breach of or failure to comply with these Terms, any Information the User posts in the Application, as well as any violation by the User of any law or regulation currently in force. The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, in which event the User will fully cooperate with the Company in connection therewith, and hereby expressly agrees to bear the entire cost thereof.
Any and all communication relating to any dispute or grievance experienced by the User may be communicated to the Company by the User reducing the same to writing, and sending the same to the registered office of the Company by Registered Post Acknowledgement Due / Speed Post Acknowledgement Due (RPAD / SPAD). The User may also directly contact the Company’s grievance officer at email@example.com. All communication to the User shall be to the User’s registered email id, or directly through the Application, and shall be deemed delivered on the same date it was sent to the User.
22. MISCELLANEOUS PROVISIONS
a) Entire Agreement: These Terms, read with the Policy and any specific guidelines or rules that are separately posted for particular services or offers in the Service, comprises the entire agreement between the User and the Company regarding the User’s use of the Application and Service. If any provision of these Terms or the Policy is held invalid by any court or governmental authority of requisite jurisdiction, the remainder of these Terms shall continue in full force and effect and the Parties shall attempt to give full effect to their original intention.
b) Waiver: The failure of either Party at any time to require performance of any provision of these Terms shall in no manner affect such Party's right at a later time to enforce the same. No waiver by either Party of any breach of these Terms, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such breach, or a waiver of any other breach of these Terms.
c) Severability: If any provision/clause of these Terms is held to be invalid, illegal or unenforceable by any court or authority of competent jurisdiction, the validity, legality and enforceability of the remaining provisions/clauses of these Terms shall in no way be affected or impaired thereby, and each such provision/clause of these Terms shall be valid and enforceable to the fullest extent permitted by law. In such case, these Terms shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the original rights, intentions and commercial expectations of the Parties hereto, as expressed herein.
d) Non-Transferability: The User agrees that its account is non-transferable and all of the User’s rights to the profile or contents within the account shall terminate upon the User’s death, deletion of the User’s account, or termination of the User’s access to the Service. The User is aware that it is not permitted to allow another individual to use of access its personal account, or use the Application / Service in any manner whatsoever, except as provided for in this Clause 22 (d). The User is specifically and categorically prohibited from making any manner of booking on the Application for any individual other than the User itself, except as provided for in this Clause 22 (d). Notwithstanding the foregoing, the User shall be permitted to avail of the Services for its immediate family, i.e., the User’s parents, spouses, siblings, children, and their respective spouses (“Family”), provided however that the User shall compulsorily be required to disclose the same prior to availing of the Services, by using the distinct and separate options to book for ‘Family and Loved Ones’ on the Application. In such an event, the User is aware that the Application may require the User to input Information regarding the Family member in question. The User is expressly aware and unconditionally agrees that it alone shall be responsible and liable for any Family member that avails of the Service, and that all the provisions of these Terms shall continue to valid and binding on the User and its Family. The User does hereby expressly and unequivocally agree and guarantee to indemnify and hold harmless the Company from any and all claims arising from the use of the Service by any Family member, and the User does hereby expressly and unconditionally assume all liability relating thereto.
e) Penalty: In the event of any breach in of these Terms, and notwithstanding the Company’s other options in law and equity, the User expressly agrees to be liable to pay to the Company a sum of INR 5,000/- as penalty, without demur or delay, and without being entitled to avail of the Service. In such an event, the Company shall also retain the right to suspend / block / delete the User’s account.
f) Relationship between the Parties: The User is aware and agrees that no agency, partnership, joint venture or employment is created as a result of these Terms, and the User may not make any representations or bind the Company in any manner whatsoever.
g) No Professional Relationship: The User is aware that various content, including text, data, graphics, images, information, suggestions, guidance, and other material that may be available on the Application (including information provided in direct response to the User’s questions or posts) may be provided by Physicians. The User is however aware and unconditionally agrees that the provision of such content to it does not constitute delivery of health care or diagnostic services to the User, and does not create a professional relationship between the User and the Company.
h) Advice of Counsel: Each Party expressly and unconditionally acknowledges to having fully read the Terms in its entirety, and having had full opportunity to have the same studied and reviewed by a licensed legal professional.
i) No Medical Advice Provided: The content provided on the Application, either by the Company or by Physicians, should not be construed under any circumstances to be an opinion, medical advice, diagnosis, or treatment of any particular condition. The User is expressly aware and unconditionally agrees that if it relies on any of the information/content displayed on the Application, it does so solely at its own risk. The aforesaid content / information is solely intended for informational and scheduling purposes only.
j) Non-substitution of professional medical advice: The information provided on the Application and in any other communications from or through the Service / Physicians is not intended to be substitutes for, nor does it replace, professional medical advice, diagnosis, and/or treatment. The User is expressly directed not to disregard, avoid or delay obtaining medical advice from a qualified medical professional because of advice that the User might have obtained through the Application / Service. The User’s use of information provided on the Application is solely at its own risk. Nothing stated or published / posted on the Application or available through the Service is intended to be the practice of medicine, or the provision of medical care. The User is expressly aware and unconditionally agrees and confirms that the Company shall not be responsible for the User’s treatment, or be treated as a health care provider on account of the Company’s collection of consultation fees or any other fees on behalf of a Physician, for any reason whatsoever.