These Terms and Conditions contains rules and regulations, policies and terms and conditions and agreement applicable to any Person who may access or use www.curofy.com, including any sub domains, web pages or extension of (“Website”), the mobile application ‘Curofy’ as modified from time to time (“App”) and telecommunication media like SMS, email, phone calls etc (together the “Platform”) and You hereby agree and acknowledge to be bound by these Terms and Conditions. These Terms and Conditions ("Terms and Conditions") shall come into effect on 0000 hours Indian Standard Time on 3rd February, 2015.
The use of the Platform and the services provided are subject to the rules and regulations, policies, notices, terms and conditions set forth or included by reference in these Terms and Conditions. For the purposes of these Terms and Conditions, 'User' and wherever the context may require 'You' (or any variation thereof), shall mean any natural or legal person (including any legal heirs, administrators or successors) who has agreed to become a User of the Platform by accessing or browsing the Platform or otherwise, and/or has registered as a member of the Platform by submitting identification information/ registration details using the computer system of this Platform and accepting the electronic record of the Terms and Conditions and may or may not have obtained a unique user name, a secret alpha and/or numerical key as password for using the Platform. Unless the context otherwise requires, “911 India Healthcare Private Limited’’, “Curofy”, “We” or “us” or “our Company” or “the Company” or “Website” or “Platform” shall mean 911 India Healthcare Private Limited, a company incorporated under the laws of India vide a certificate of incorporation issued by the Registrar of Companies, National Capital Territory of Delhi.
As a Registered User or other User, these Terms and Conditions shall be effective and binding upon Your ‘acceptance’. ‘Acceptance’ shall mean Your affirmative action in clicking on ‘check box’ and/or the “Accept” button and on entering information as requested on the registration page or claiming and/or verifying a pre-existing User profile or such other actions that implies Your acceptance to these Terms and Conditions and Policies. If You do not agree or are not willing to be bound by the terms and conditions of these Terms and Conditions and our Policies , please do not click on the "check box " and do not enter information as requested on the registration page or claim and/or verify pre-existing User profile on the Platform and do not seek to obtain access to, view, download or otherwise use the Website or the Platform or any information or services.
By impliedly or expressly accepting these Terms and Conditions, You also accept and agree to be bound by applicable policies of the Company or the Platform as published on the Platform (“Policies”) communicated to the Users by publication on the Platform and/or in writing.
The Company reserves the right to change the Platform and/or alter the terms and conditions of these Terms and Conditions and Policies at any time and retains the right to deny access at any time including the cancellation of membership and deletion of the account, to anyone who the Company believes has violated the provisions of these Terms and Conditions. You are advised that any amendment to the Terms and Conditions or Policies incorporated herein by reference will only be notified on the Platform on publicly accessible links and You agree by accessing, browsing or using the Platform that such publication shall immediately constitute sufficient notice for all purposes against You. The revised version/ terms shall be effective from the time that the Company publishes the same on the Platform.
In the event, that any amendments to the Terms and Conditions proposed by the Company, which in the opinion of the Company, has the effect of diminishing the User’s existing rights or imposing additional obligations, the Company will provide 7 (seven) calendar days' prior notice of such amendments by publishing the same on the Platform. You understand and hereby accept that the decision, whether any proposed amendments to the Terms and Conditions and/or Policies have the effect of diminishing the User’s existing rights or imposing additional obligations on the User, shall be decided by the Company in its sole discretion.
“Affiliate” shall mean any Person who directly or indirectly, controls, is controlled by, or is under the common control of the Company. The term “Control” is used in the sense of the possession by a Person or a group of Persons acting in concert, directly or indirectly, of the right to direct or cause the direction of the management and policies of another Person, whether through the board of directors or ownership of voting rights by such other Person, by the Articles of Association, contract or otherwise. A Person or a group of Persons acting in concert shall be deemed to be in control of a body corporate if such Person or group of Persons is in a position to appoint or appoints the majority of the directors of such body corporate.
“Authority” shall mean any union, national, state, local, or other governmental, statutory, administrative, regulatory or self-regulating authority, agency or instrumentality having jurisdiction over the relevant matter.
“Grievance Redressal Officer” means the grievance redressal officer appointed by the Company in accordance with applicable Law, from time to time.
“Information” means and shall include any confidential and/or personally identifiable information or other information provided to the Company or other Users of the Platform or at the time of registration with the Platform, or through any email/messaging feature and shall include without limitation Your name, email address, phone number, education details, experience details, MCI Registration No., practice related information, memberships, accomplishments, any information in relation to Patients or otherwise shared or provided on the Platform.
“Internal Service Provider” shall mean reputable logistics or any back end service providers of the Platform appointed by the Company that will provide various services that the Company may require in order to run operations of the Platform for example to facilitate or outsource one or more aspects of the business, product and service operations provided on the Platform, including search technology, discussion boards, payments, affiliate and rewards programs, co-branded credit cards, maintenance services, database management etc.
“Law” shall mean all statutes, enactments, acts of legislature, laws, ordinances, rules, byelaws, regulations, notifications, guidelines, policies, directions, directives and orders of any government and or any Authority.
“Losses” shall include, without limitation, losses, liabilities, actions, suits, claims, proceedings, costs, damages, judgments, amounts paid in settlement and expenses etc.
“Medical Laws” shall mean all statutes, enactments, acts of legislature, laws, ordinances, rules, byelaws, regulations, notifications, guidelines, policies, directions, directives and orders of any government and or any Authority including the Indian Medical Council, the Indian Dental Council and the Indian Nursing Council and shall specifically include the Indian Medical Council Act, 1956, the Indian Medical Council Rules, 1957, the Dentists Act, 1948, the Indian Nursing Council Act, 1947 and other rules and regulations made thereunder respectively, Code of Medical Ethics Regulations, 2002 etc and shall mean equivalent or similar Laws in the jurisdiction of a particular User that govern healthcare providers or medical professionals such as doctors, nurses, lab technicians or such other healthcare providers or medical professionals as the Company may specifically notify.
“Patients” shall mean any person receiving or registered or admitted to receiving medical advice, care or treatment, whether at a clinic, dispensary, hospital, maternity home, nursing home, sanatorium or an institution by whatever name called.
“Pay Facility” means the automated electronic payment or collection and remittance facility provided by the Company to Users to facilitate payments for paid services of the Platform directly through banks or financial institution infrastructure or indirectly through payment gateway facility providers or through any such facility authorized by the Reserve Bank of India to provide enabling support facility for collection and remittance of payment.
“Person” shall mean and include any individual, legal entity, company, body corporate, partnership firm, association, limited liability partnership or proprietorship, whether incorporated or not.
“Registered User(s)” shall mean a User who registers himself or herself on the Platform by providing the required information through the registration process of the Platform or claims and verifies a pre-existing profile on the Platform.
“Services” shall mean the services rendered by the Platform as may be specifically notified by the Company on the Platform or by other means of communication from time to time, in accordance with the applicable Law, and currently includes providing an e-platform for connecting healthcare providers or medical professionals in order to allow them to engage in meaningful discussions in relation to their profession, network and collaborate effectively.
“Service Charges” means any charges charged to the User by the Company for the use of the Platform wholly or partially or for select services, as notified on the Platform from time to time.
“User(s)” shall mean Registered User(s) as well as Visitor(s).
“Visitor” shall mean Users who visit the Platform but are not registered Users.
The Platform may only be used or accessed by such Persons who can enter into and perform legally binding contracts under Indian Contract Act, 1872. However, it is hereby specifically provided that Persons who are minors, Persons of unsound mind, and undischarged insolvents are not eligible to use the Platform Further, a Registered User shall also hold or be pursuing an MBBS, BAMS, BHMS, BUMS or BNYS degrees or AYUSH or an equivalent or higher medical degree which is recognised by the Indian Medical Council or BDS or an equivalent or higher medical degree which is recognised by the Dental Council of India, Auxiliary Nurse & Midwife, General Nursing & Midwifery or B. Sc or an equivalent or higher degree or certification which is recognised by the Indian Nursing Council or a corresponding degree in the relevant jurisdiction under the applicable Law.
Registration and Communication
A User is required to register and create a profile and/or verify his/her pre-existing profile in order to be eligible to access the online directory for searching fellow healthcare providers or medical professionals and/or to connect, add or call them or engage in any of the online discussions on the Platform.
Registration and Creation of Profile
Once a pre-existing profile with contact details of healthcare providers or medical professionals created from publicly available information and authorised sources, with information including any of but not limited to name, address, education, experience, accomplishments, clinic address, mobile number, e-mail address etc., of such healthcare providers or medical professionals (hereinafter referred to as the “Pre-Existing Profile”) is claimed by a User after becoming a Registered User, the Platform may automatically generate a password which should be changed by such Registered User in the first login.
You are solely responsible for maintaining secrecy and confidentiality of your login details including your user name, password and user code. You hereby acknowledge and accept that the Platform will grant access to any person who has obtained your username, password and User code in the same manner as it would have granted access to You and You shall be responsible for all activities conducted under your username, password and any user code. The Company, its Directors, shareholders, employees, associates, contractors or agents shall not be responsible in any manner for any Losses occurring from any breach of secrecy of your username, password and user code.
You agree that the sole purpose of registering on or using the Platform is to access an e-platform for healthcare providers or medical professionals in order to engage in meaningful discussions in relation to the medical profession, networking and collaborating effectively and keeping track on news and views in the medical world, and You shall not use this Platform in any manner for any other purpose other than as mentioned above and for purposes which are not permitted under the applicable Law. You shall not claim a Pre-Existing Profile that does not describe You.
INFORMATION OF THE USER
The Platform contains Pre-Existing Profiles, which contain the personal and professional Information of various Persons belonging to the medical profession and by registering on the Platform and claiming the Pre-Existing Profile, the concerned Users/Registered Users confirm that they have no objection to the presence of their Pre-Existing Profiles prior to their respective claim.
You have a right to access, modify, correct and eliminate the data about You, which has been collected in the Pre-Existing Profiles prior to the claim or modified pursuant to your decision to become a Registered User. If You update any of your information, we may keep a copy of the information in the Pre-Existing Profiles or which You provided us from time to time in our archives for the purposes of maintaining records.
You agree to provide true, accurate, up to date and complete information while registering or verifying Your Pre-Existing Profile or for any other purpose when prompted or requested to do so on the Platform. You are prohibited from misrepresenting your identity and agree not to represent yourself as another User or login/ register using the identity of any other Person. You are responsible to maintain and promptly update the information provided while registering or verifying or for any other purpose on the Platform to ensure that the information provided by You is true, accurate, current and complete at all times. If You provide any information that is untrue, inaccurate, not current or incomplete or the Company has reasonable grounds to believe that such information is untrue, inaccurate, not current or incomplete, or not in accordance with these Terms and Conditions, the Company reserves the right to indefinitely suspend or terminate or block Your use or access to the Platform in any manner whatsoever. Should any other User or Person act upon such untrue, inaccurate, not current or incomplete information provided or verified by You, the Company shall not be liable for any damages, losses, direct, indirect, immediate or remote, interests or claims etc. resulting from such information to You or to any third party. You shall be liable to indemnify the Company and related parties in accordance with the Indemnity clause contained in these Terms and Conditions.
Once You have registered or claimed and verified the Pre-Existing Profile, You agree and allow the Platform to get access of your contact list and/or address book on your mobile device to find and keep track of mobile phone numbers of other Users of the Service, your location, short messaging texts, calls, usage of camera, contents on your SD card, access to internet, control vibration, terms added to your dictionary, accounts on your device and such other data or information downloaded, added, edited, stored, processed, used, deleted etc on or from your device.
You agree to keep yourself updated with all data, information and communication pertaining to You made available on the Platform by the Company. You further agree that Your use of the Platform or provision of any data or information including any correspondence (by email or otherwise) to or by the Company is through electronic records and You consent to receive communication from the Company via electronic documents including emails and/or SMS, which will be deemed adequate for service of notice/ electronic record.
You understand You may have to bear/pay any charges associated with any such access (including text messaging charges for messages from Your mobile device). Our communications to You may include communication that would inform Users about various features of our services. The Company may also send You promotional information unless You have opted out of receiving such information.
You understand and agree that the Company and the Platform merely provide a platform to its Users who access the Platform for connecting healthcare providers or medical professionals in order to allow them to engage in meaningful discussions in relation to their profession, network and collaborate effectively and keeping track on news and views in the medical world. You understand that Company makes all decisions for the Platform. All unclaimed profiles of healthcare providers or medical professionals have been obtained by the Platform through a mix of public domains or from authorised sources. You understand that, for the benefit of its Users, the Company aggregates on the Platform material including articles, pieces, images, news, views, updates and such other informational items related to the medical world from publicly available resources with due acknowledgement to the ostensible owner, by using various technologies. Neither the Company nor the Platform are responsible for any contents on the Platform either derived from public domains or authorised sources or created by its Users including without limitation all data, profiles, contact details, case discussions, news, views, updates, articles, reviews or comments provided or shared by Users. Neither the Company nor the Platform have any role in creation of contents of the Platform meant to be created by the Users. The Company specifically disclaims all liability arising out of the use or reliance on the contents of the Platform. You also give permission to the Company to store details and records of Your usage of the Platform indefinitely. However, this does not constitute any obligation on the part of the Company or the Platform to do so.
The Company may charge a fee or charges, as intimated from time to time on the Platform and/or by email or SMS, for registration on the Platform as Registered Users, for availing services provided by the Company through the Platform. Currently, the Company does not levy any charges/fees for registration, access or browsing on the Platform. The Company reserves the right to introduce new services including any premium or paid services or modify or discontinue any existing services provided on the Platform or on the Website. Additionally, the Company at its sole discretion may introduce fees for the new services including for any premium services provided or amend/ introduce fees for the existing services, as the case may be. Changes to the Terms and Conditions or any of the Policies of the Company shall be published on the Platform and such changes shall automatically become effective immediately after they are published on the Platform. You are requested to visit the Platform often to keep abreast of any amendments.
The Platform is currently available only to registered or verified Users to access the online database in the form of directory of healthcare providers or medical professionals.
You agree that the Company may appoint any Internal Service Provider, including but not restricted to one or more of an Affiliate to provide backend operations and support as instructed by the Company from time to time..
The Company neither originates nor transmits any communication/ information on behalf of any User nor does it modify the contents of any communication transmitted. The Company has no control over third parties and contents generated by the Users on the Platform and does not bear any liability whatsoever arising out of such content or actions of third parties including that of an Internal Service Provider.
Any information provided by You to the Company, either electronically or physically or submitted on the Platform or provided or displayed to other Users of the Platform in the form of case discussions, news and events, reviews, comments in the feedback area or in discussion groups or through any private message or e-mail communication is solely Your responsibility. The Company or the Platform is not liable for accuracy, appropriateness or legality of such information.
Patient information and legal compliance
While using the Platform for referring Patients to other fellow Registered User(s), subject to the applicable Law, You may be asked to fill details of such a Patient including the Patient’s name, sex, age and nature of referral ("Patient Information"). In addition, the Platform may also provide a facility to chat or send private messages to fellow Registered User(s) with or to whom you may wish to discuss a particular case and/or refer a medical case. You may also be provided with an option of attaching files in the form of JPG, JPEG, TIFF, BMP, PDF, DOC, DOCX, PNG, GIF, FLV, AVI, MOV, MPG, MPEG, or any other format of pictures, videos, or documents. Sending such information to other Registered User(s) might involve revealing Patient Information or any other additional information which may be private or sensitive.
Though the Platform enables You to transmit, store, review or receive such Patient Information or any other additional information which may be private or sensitive. Countries and regional laws, as well as ethical and licensure requirements of Your profession may impose obligations with respect to patient confidentiality that may limit the ability of physicians, health care providers, and persons acting on their behalf, to make use of certain materials or to transmit certain information to third parties. You represent and warrant that You will, at all times and thereafter, comply with all Laws directly or indirectly applicable to You that may now or hereafter govern the gathering, use, transmission, processing, receipt, reporting, disclosure, maintenance, and storage of the Patient Information, and use Your best efforts to cause all persons or entities under Your direction or control to comply with such laws. You are, at all times during the term of this Agreement and thereafter, solely responsible for obtaining and maintaining all specific consents of Patients, if applicable, and all other legally necessary consents or permissions required or advisable to disclose, process, retrieve, transmit, and view the Patient Information You transmit, store, or receive in connection with the Platform, any materials carrying such Patient Information and any third party website.
We cannot and do not assume any responsibility for Your use or misuse of Patient Information or other information transmitted, monitored, stored or received while using the Platform and any materials carrying such Patient Information or other information transmitted, monitored, stored or received on the Platform. We reserve the right to amend or delete any material (along with the right to revoke any membership or restrict access to the Platform) that in our sole discretion violates these Terms and Conditions and Policies.
You will treat the Website or Platform as a mere passive channel or enabler which is used as a platform by Users to provide information for the purpose of networking and creating awareness among the Users in the medical field so that such information can be discovered and read by other Users or only Registered Users of the Website who, as per the policies of the Platform, may comment, review or share information, data, news and views pertaining to the medical profession among fellow Users.
You agree and undertake not to host, display, upload, modify, publish, transmit, update or share any information or list any information or item or services or choose a User name that: belongs to another person and to which You do not have any right to; is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, insulting, hurting religious or other sentiments, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986 (or corresponding applicable Law); harms minors in any way; infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or is fraudulent or involves the sale of or services using counterfeit or stolen items; violates any law for the time being in force; deceives or misleads the Users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; impersonates another person or uses an anonymous proxy; contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, bugs, bots, worms or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information; threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any offence or prevents investigation of any offence or is insulting any other nation; is false, inaccurate or misleading; directly or indirectly, offers, attempts to offer, trade or attempts to trade in any item/service, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable Law; may give rise to liability on part of the Platform or the Company or cause any hindrance (in whole or in part) with respect to the services of Internet Service Providers or other suppliers of the Platform or the Company including Internal Service Providers; and links directly or indirectly to or includes descriptions of items that are (i) prohibited under the Terms and Conditions or any other applicable Law including but not limited to the Indian Penal Code, 1860, Information Technology Act 2000 (or all applicable corresponding Laws) as amended time to time and rules there under. You shall not promote any website or webpage or link on the Platform.
In case of any violation of the above provisions, the Company has the right to immediately terminate the access or usage rights of the User to the Platform without any notice and any such violative information that is displayed or submitted on the Platform can be removed immediately and completely and/or report to investigating authorities if bound by applicable Law.
You shall be responsible for keeping backup versions of the information and data provided by You. You hereby agree that You will not expect the Platform to restore or keep back up of Your information and data and not hold the Platform or the Company accountable for any loss of data under any circumstances.
You will refrain from accessing information or databases in an unauthorized manner from the Platform or servers where information or databases are kept.
You shall not attempt to or circumvent or manipulate any of the obligations conferred on You by these Terms and Conditions and/or Policies. If such attempt is discovered, it will constitute sufficient ground for termination of access to the Platform and also for taking appropriate legal action.
In case of any transaction or attempted transaction which is in violation of these Terms and Conditions or applicable Laws comes to Your knowledge, You shall forthwith take all steps to inform the Company of such violation at email@example.com
If You choose to provide feedback or any comments on the Platform which is visible to other User(s), You shall exercise due care while making comments and not make any comments that are not factual in nature and shall not post defamatory or illegal or insulting or offensive/ obscene contents and to extend reasonable courtesy to other User(s).
You shall access the Platform only by using a conventional web browser or a mobile device, as facilitated by the Company from time to time.
The Platform is controlled and operated by the Company. All material on this Platform, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property and proprietary rights that are either owned and controlled by us or by other parties that have licensed their material to us or such material which has been derived or aggregated from publicly available resources with due acknowledgement to the ostensible owner. We do not guarantee the authenticity, genuineness, usefulness or ownership of the contents of such material derived or aggregated from publicly available resources. You shall use the services of the Platform solely for personal purposes and only to avail services of the Platform. You shall never copy, distribute, exchange, modify, sell or transmit anything from the Platform, including but not limited to the text, audio, video and images for any commercial purpose other than the purposes set out in these Terms and Conditions.
You undertake not to disclose or distribute any other User's Information to a third party, or use the Information for any unauthorized purpose including for the purposes of marketing unless You have obtained the User's express consent to do so.
You shall not place any advertisements on the Platform in any manner. Further, You shall not use the Platform to promote Your own or any other persons’ business or interests on the Platform except for information needed by the Platform or the Company or for the purposes set out in these Terms and Conditions.
You confirm that these Terms and Conditions hereunder will not conflict with, result in a breach of or constitute a default (or any event that, with notice or lapse of time, or both, would constitute a default) or result in the acceleration of any obligation under any of the terms, conditions or provisions of any other agreement or instrument to which You are a party or by which You are bound or to which any of Your property or assets are subject, conflict with or violate any of the provisions of its charter documents, or violate any statute or any order, rule or regulation of any Authority that would materially and adversely affect the performance of Your duties hereunder. You have obtained any consent, approval, authorization of Authority required for the execution, delivery and performance of its respective obligations hereunder. If the Company suffers any loss or damages or a claim is made by any Person against the Company or the Platform as a result of a breach or default or contravention on Your part of the Terms and Conditions and the Policies, You agree to, forthwith upon delivery of notice by the Company, make good such losses or damages or claim amounts to the Company all such losses or damages.
You confirm that you shall not transfer Your registration and shall not assign any rights and obligations under these Terms and Conditions and Policies to any third party without the specific permission of the Company.
The Platform is only a platform where Users may meet and interact with one another for the purposes set forth herein. The Platform or the Company is not and cannot be a party to or control in any manner between two Users of the Platform.
Neither the Company nor the Platform is responsible and does not recommend, endorse or make any representation about the efficacy, appropriateness or suitability of any specific tests, prescriptions, products, procedures, treatments, services, opinions, medical professionals, health care providers or other information that may be made by Users on the Platform or contained on or available through the Platform by links to other websites or otherwise including through material which has been derived or aggregated from publicly available resources. Other than providing a reasonable grievance redressal mechanism through the Grievance Redressal Officer, the Company shall not and is not required to mediate or resolve any dispute or disagreement between users.
The Company does not make any representation or warranty as to the attributes (such as quality, worth, marketability, merchantability, usefulness) of the services provided on the Platform by the Users. In particular, the Company does not implicitly or explicitly support or endorse the sale or purchase of any items/services on the Platform. The Company shall not be liable for any errors or omissions, whether on behalf of itself or third parties. It is clearly understood by You that all warranties, implied or express, in relation to the services provided on the Platform by the Users are directly between the relevant Users.
The Company does not make any representations or warranties as to the attributes (such as legal entitlement, creditworthiness, identity etc.) of any of its Users. You are advised to use Your best judgment and independently verify the bona fides of any particular User that You choose to deal with on the Platform.
You release and indemnify the Company and/or any of its officers, representatives and agents from any cost, damage, liability or other consequence of any of the actions of the Users of the Platform and specifically waive any claims that You may have in this behalf under any applicable Law. You understand that the Company is not in a position to control the information provided by other Users, which is made available on the Platform or material which has been derived or aggregated from publicly available resources notwithstanding the Company's reasonable efforts in that behalf. You may find other User's information or material has been derived or aggregated from publicly available resources to be offensive, harmful, inaccurate, or deceptive. You shall use caution and practise safe dealing when using the Platform. Please note that there may be risks in dealing with Users, under-age persons or people acting under false pretence or in relying on material which has been derived or aggregated from publicly available resources.
The Company may need to disclose your personal and other information provided by You when required by law, in relation to compliance with a court order, ongoing judicial proceeding, or any other legal process or request to the Company brought in any country throughout the world, or to exercise our legal rights or defend against legal claims.
The Company may also disclose your personal and other information You provide, to another third party as part of a re-organization or a sale of any or substantially all of the business of the Company. Any third party to which the Company or its shareholders transfer or sell the Company’s shares or assets will have the right to continue to use the personal and other information that You provide.
Limited liability of the Company
In no event shall the Company or its suppliers, affiliates, service providers and Internal Service Providers be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising (in any manner whatsoever) out of or in connection with the Platform, the Pay Facility, services provided by Internal Service Providers on behalf of the Platform or the Company or any other services.
The Company’s liability under all circumstances is limited to the amount of charges/ fees, if any, paid by You to the Company. The Company, its associates, Affiliates and Internal Service Providers and technology partners make no representations or warranties about the accuracy, reliability, completeness, and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Platform or that of the operation of the Platform or Pay Facility or that of any Internal Service Provider will be error free and/or uninterrupted. The Company assumes no liability whatsoever for any monetary or other damage suffered by You on account of: (a) the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Platform or Pay Facility; or (b) any delay, failure, interruption or errors in the operation of the Platform or Pay Facility or the Internal Service Provider.
The Platform may provide, or third parties may provide, links to other World Wide Web sites or resources. Because the Company has no control over such sites and resources, You acknowledge and agree that the Company is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that the Platform 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 use of or reliance on any such Content, goods or services available on or through any such site or resource.
Indemnity for non-compliance or breach
You shall indemnify and hold harmless the Company and the Company's parent, subsidiaries, Affiliates, Internal Service Provider and their respective officers, directors, agents, and employees, from and against any and all losses, liabilities, actions, suits, claims, proceedings, costs, damages, judgments, amounts paid in settlement and expenses (including without limitation attorneys' fees and disbursements), made by any third party or penalty imposed due to or arising out of Your breach of the Terms and Conditions including the Policies incorporated herein by reference, or Your violation of any applicable Law, rules or regulations or the rights of a third party or resulting from untrue, inaccurate, not current or incomplete information provided or verified by You .
Payment for Paid Services
In order to enable Users to use paid services on the Platform, the Company will provide Pay Facility by a third party service provider on the Platform, at its sole discretion. The Pay Facility enables automated collection and remittance services using the facilities of various Indian banks, financial institutions, credit/ debit/ cash card brands, various third party service providers and/or payment card industry issuers and through such other infrastructure and facilities as may be authorized by the Reserve Bank of India for collection, refund and remittance, as the case may be. The Payment Facility shall be availed in accordance with these Terms and Conditions and the Policies.
The Pay Facility would support online bank transfers and payments through credit/debit cards from the banks that are available while selecting the Pay Facility as the payment method or by cash cards. The Company may add or remove or suspend payments through any one or more banks directly or through any payment gateway facilitators and such change shall come into effect upon the same being published on the Platform.
The Company shall make reasonable efforts to ensure that requests for electronic debits and credits involving Issuing Bank are informed to the Nodal Bank (the nodal bank in the payments facilitation) in a timely manner. However, a number of factors that are outside of the Company's control (including without limitation actions of Issuing Bank, Nodal Bank or credit / debit/ cash card and/or banks’ or financial institution’s infrastructure or indirectly through payment gateway facility providers or through any such facility authorized by the Reserve Bank of India to provide enabling support facility for collection and remittance of payment may delay the time within which such payments are collected/ remitted by the Company through the Pay Facility. The Company neither makes any representations nor makes any warranties regarding the amount of time needed to complete processing, including delays in the banking system and nor shall the Company be liable for any actual or consequential damages arising from any claim of delay.
You agree and accept that the Company is neither acting as trustee nor acting in a fiduciary capacity with respect to the payment transaction by reason of providing the Pay Facility or any other method of payment to its Users.
The Platform and the services are hosted on cloud servers. If You are a User accessing the Platform and Service from the European Union, United States of America, Latin America, Australia, Asia or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from Indian laws, please be advised that through Your continued use of the Platform, You expressly consent to that transfer and consent to be governed by Indian law for these purposes and the Policies and these Terms and Conditions, which are in turn governed by Indian law.
The Company views the protection of User’s privacy as a very important community principle. The Company clearly understands that You and the personal information provided by You is one of the most important assets to the Company. The Company stores and processes the information provided by You that are protected by physical as well as reasonable technological security measures and procedures in compliance with the applicable Law.
Without limiting other remedies that the Company may pursue, the Company may at its sole discretion take such action as it deems fit including but not limited to cancellation of the membership and deletion of the account , limit Your activity on the Platform, immediately remove Your information or any information shared by You , or warn other Users of Your actions, forthwith temporarily/indefinitely suspend or terminate or block Your membership, and/or refuse to provide You with access to the Platform or initiate any legal action it may deem fit, particularly in the event: You breach any of the provisions of these Terms and Conditions including any of the Policies, documents, agreements between the Company and You in addition to these Terms and Conditions, terms and conditions made thereunder which are incorporated therein by reference; any misuse of Your account or the Pay Facility (if utilised), in case the Company is unable to verify or authenticate any information provided by You, if the Company believes that Your actions may cause legal liability to the Company, other Users or Yourself. No actions, omissions or decisions taken by the Company shall waive any rights or claims that the Company may have against the User. Any User that may have been suspended or blocked may not register or attempt to register with the Platform or use the Platform in any manner whatsoever until such time that such User is reinstated by the Company. Notwithstanding the above, if You breach the Terms and Conditions or the Policies and other documents incorporated therein by reference or any other agreements entered into by the Company and You in addition to the Terms and Conditions, the Company reserves the right to recover any amounts due and owed by You to the Company and to take strict legal action including but not limited to referral to the appropriate police or other authorities for initiating criminal or other proceedings against You.
Grievance Redressal Mechanism
n case of any grievance, objection or complaint on Your part with respect to the Platform, other Users or the Company, including any complaints or enquiry about suspension, termination or blocking of Your membership or right to use the Platform, You should promptly raise such grievance or complaint with the designated Grievance Officer at firstname.lastname@example.org and provide him with all necessary information and/or documents to enable the Company/Grievance Officer to try and resolve the issue.
The name and contact details of the Grievance Officer is published on the Platform as required under the provisions of the Information Technology Act, 2000 and the rules made thereunder.
None of the provisions of these Terms and Conditions shall be deemed to constitute a partnership or joint venture or agency between You and the Company and You shall have no authority to bind the Company in any manner whatsoever.
Except as explicitly stated otherwise, any notices directed to the Company shall be given by email to email@example.com followed by a notice by registered mail acknowledgement due or by courier, to the address provided by the Company on the Platform from time to time and any notices to You by the Company shall be provided to the email address provided by You during the registration process or any email ID successfully updated by You with the Platform thereafter. Notice shall be deemed to be delivered as soon as it has been given, in case of any email. It shall be the sole obligation of the User to keep the Company updated about any change in email. Failure in delivery of notices on the email address registered with the Platform due to the failure on the part of the User to update the same with the Platform shall not render such notices invalid.
The Platform reserves the right to use the data provided by You for commercial purposes and the Company reserves all the right to tie up with other stakeholders in the healthcare industry and broadcast their information to the Users in different form from time to time.
If any clause of these Terms and Conditions or the application thereof to any User or circumstance shall be deemed invalid, void or for any reason unenforceable to any extent, the remainder of these Terms and Conditions and the application of such unenforceable provision to Users or circumstances other than those as to which it is held invalid or unenforceable shall not be affected thereby, and each provision of these Terms and Conditions sh all be valid and enforceable to the fullest extent permitted by applicable Law.
These Terms and Conditions together with the Policies and the agreements entered between the Company and You, incorporated herein by reference, constitute the entire understanding and agreement between You and the Company with respect to the subject matter herein.
The Company at its sole discretion shall be entitled to assign or transfer its rights and obligations under these Terms and Conditions hereunder to any other Person without Your prior consent.
Subject to the Arbitration Clause and to any dispute resolution agreement separately agreed between the Company and You in any other agreements, all remedies of the Company and Users under these Terms and Conditions whether provided herein or conferred by statute, civil law, common law, custom or trade usage, are cumulative and not alternative and may be enforced successively or concurrently.
The Company does not represent or warrant maintaining the confidentiality of information; although our endeavour is always to ensure reasonable efforts to maintain such confidentiality.
All communications between the Parties and all confidential information given to or received by You from the Company, and all information concerning the business transactions of the Company with any entity or person with whom it may or may not have a confidentiality obligation with regard to the matter in question, shall be kept confidential by You unless specifically permitted to the contrary in writing to the Company.
Further the Company may at any time disclose any confidential information on a confidential basis to any prospective and current investors, strategic or financial, partners or service providers other than Users of the Platform.
All communications between Users in respect of Patients and all Patient Information received or shared on the Platform whether with a confidentiality obligation or not, shall be kept confidential by You unless required to be disclosed on a strictly need to know basis for the purposes of the medical treatment of the Patient concerned or as may be required to be disclosed by applicable Law or by an Authority.
This confidentiality obligation shall survive the termination of this agreement with the concerned User.
Subject to any dispute resolution agreement separately agreed between the Company and You in any other agreements, if any dispute arises between You and the Company during Your use of the Platform or the Pay Facility or any service incidental to the Platform or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the Terms and Conditions and/or any other agreement between the Company and You in addition to these Terms and Conditions, or the Policies and any other documents incorporated therein by reference, the dispute shall be referred to a sole arbitrator who shall be an independent and neutral third party identified by the Company whose decision shall be final. The place of arbitration shall be New Delhi, India. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language. For clarity, if the Company and You have agreed on any other dispute resolution mechanism in any other agreement between the Company and You in addition to these Terms and Conditions, that dispute resolution mechanism shall govern these Terms and Conditions as well.
Subject to the Arbitration Clause above, these Terms and Conditions and all Policies and documents incorporated by reference shall be governed and construed in accordance with the laws of India and the Courts in New Delhi, India shall have exclusive jurisdiction.
This document is an electronic record in terms of Information Technology Act, 2000 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 signatures.