The given terms and conditions establish a legally binding agreement between you and [Name of the Company]. (Please note that `Company’ refers to and includes all the Licensors and Affiliates of the Company, including but not limited to the Consultants rendering the services).
The Company makes this site available solely for the purpose of facilitating communications between health service providers and consumers who choose to use the site. You agree that the terms and conditions may be updated from time to time and any such changes will be effective as soon as they are posted. It is advisable to review these terms and conditions from time to time so that you remain informed about any such changes.
The Agreement is applicable to you if you are:
The website as a part of its services also provides second opinion service, wherein specialized cancer specialists registered on the Company’s network, provide a written second opinion to the patients on the basis of their prior medical reports which are submitted on the website. This service is available for a charge and the second opinion is typically issued within 5 working days of receipt of the medical reports in the required format. A case summary will be prepared based on the information provided and the reports uploaded by you on the Platform, and will be verified by our experts. In case some important information or report is missing, the same would be notified to you. The time of 5 working days would be counted from the time experts have received all the information and reports required by them. The second opinion obtained through the website, is intended to be informative in nature and You agree that You will not treat the same as medical advice or consultation. You further agree, that a second opinion obtained on the basis of your prior medical reports cannot be treated as a substitute for an in-person medical examination by a qualified medical practitioner.
You further agree, that any reliance on the second opinion or any information supplied to You as a part of the service, shall solely be your responsibility. You shall not hold the Company or the consultants or specialists involved liable or responsible for the same.
Although, the website may be accessed from anywhere in the world, the Company does not warrant that the information contained or posted on the website, or the content which the website displays or any other service which may be a part of the website, is appropriate or available for use outside India, or complies with applicable laws outside India. Accessing the content or services of the website from jurisdictions, where they may be deemed illegal, is prohibited. If you access the content or services of the website from such jurisdictions the Company shall not be held liable or responsible for the same and you agree to bear all legal consequences which may follow as a result of such prohibited conduct. Any offer for any service or and/or any information which may be provided with regard to the website is void where prohibited. The Company shall not be liable for any such prohibited conduct.
Any content which you may access as a part of the services offered by the website including but not limited to any text, graphics, images, video or any other information in any form is only for educational/information purposes. Such content cannot replace medical advice or diagnosis which may be provided by a qualified doctor who has examined you physically in-person. You agree to not construe any such content as medical advice or consultation. You further agree, that if you act on the information provided or accessed as a part of the services of the website, then that will be on your sole discretion and responsibility. You shall not hold the Company or the website or the consultants liable or responsible for any consequences which may follow.
You agree that the website or the Company does not operate as a doctor referral service. The website or the Company does not endorse, support, recommend or approve any medical practitioner or medical organization you may come into contact with while accessing the services offered. Any and all such recommendations are from third parties and are inherently subjective in nature. The Company does not warrant any authenticity of the information you may receive from any medical practitioner or medical practitioner you approach through the website.
IF YOU DECIDE TO RELY ON ANY SUCH INFORMATION WHICH YOU MAY ACCESS THROUGH THE WEBSITE OR CHOOSE TO APPROACH A PARTICULAR MEDICAL PRACTITIONER, IT SHALL BE ON YOUR EXCLUSIVE AND SOLE DISCRETION AND THE COMPANY OR ITS CONSULTANTS SHALL NOT BE HELD LIABLE OR RESPONSIBLE FOR THE SAME.
Disbursing or distributing materials downloaded from the website on the pretext of providing medical information or using any content available on the website for any unauthorized use shall be construed as infringement of intellectual property of the Company and the Company can pursue any legal remedy it deems fit in order to prevent the same.
By using and accessing this website you agree that:
Your access and use of the website depends upon You registering and creating a Service Account. You shall be solely responsible to keep all the information including your username and password connected with your Service Account protected at all times, till your account is terminated for whatsoever reason. Any activity that may occur in connection with your Service Account shall be solely attributable to you and You shall be solely liable and responsible for the same, irrespective of unauthorized access if any. In the event, that your Service Account is being used by any third-party, You agree to immediately inform the Company of such unauthorized access. You further agree that failure to inform shall be treated as security breach and this may lead to your account being immediately terminated. You agree that all information which you provide in connection with Your Service Account will be true and accurate at all points of time. Any responsibility of updating any change in the information provided shall be solely yours. You agree that as a part of your Service Account, you may receive certain e-mail marketing or promotional messages from the Company. You consent to their receipt till the time you hold the Service Account with the website. However, please note that such consent may be withdrawn at any point of time.
Any contribution in any form (written, video, graphic or otherwise) that you make to the website
shall be in strict compliance with the following guidelines. All contributions made:
You agree to the usage of third party payment gateways (Razorpay and Paypal) by the Company for the processing of any transactions which may take place on the website. The Company shall not be held responsible or liable for any failed transactions. If any transaction initiated by the user fails to get through, the money deducted shall be refunded back to the user’s account in accordance with the payment gateway’s refund policy. Please note that for Online Second Opinion cases, the Company shall try to initiate a full refund corresponding to the amount paid or a partial refund of the amount paid, if the Company is unable to continue offering services to the patient due to reasons beyond its control. Such reasons include but are not limited to: untimely death of the patient, unavailability of doctor and incomplete data provided. Please note, that any Force Majeure event which may occur, will also be treated as events beyond the Company’s control and may affect a full refund of the amount paid.
You agree to be bound by the following Representations and Warranties:
You are responsible for any communication you may make with any person during your usage of this website. You are strictly prohibited to engage in the below:
You agree that any services offered, software used, content posted or made available or any other such functionalities which may be connected or associated with the website are the intellectual property of the Company. You agree to keep all information pertaining to these confidential at all times. You further agree that you shall not modify, re-sell, reuse, license out, distribute or use the intellectual property of the Company in any unauthorized manner. Any use of the intellectual property of the Company shall be made only upon an express written authorization and consent of the Company. Any violation of this Clause shall be considered to be a breach of the agreement and the Company is free to pursue any legal remedy it deems fit for the enforcement and protection of its rights.
You agree that all the trademarks, logos and service marks displayed on the website are property of the Company. Any unauthorized use of the same shall be treated as infringement or passing off. Nothing on the website shall be interpreted as granting any form of authorization or license, express/implied, written/unwritten, to any individual to use any trademarks belonging to the Company.
All content published or displayed on the website is the copyright of the Company. You agree that any form of copying, distribution or using for any other purpose of such content without an express written permission of the Company shall be treated as copyright infringement.
You agree to indemnify, defend and hold harmless the Company and any of its affiiliates, contractors, professionals and consultants (“The Indemnified Party) from and against any claims, damages, cost, liabilities and expenses (including, but not limited to, legal expenses) arising out of Your a) Breach of any applicable law b) posting of any unlawful or prohibited content c) Illegal or prohibited use of the website d) breach of any intellectual property or confidentiality obligations e) Any third party claims brought against the Company, arising out of your use of the website f) Inaccuracy of any data or information which you may supply to the Company g) Misuse of your Service Account h) breach of any other obligation as contained in this Agreement.
You agree that the Indemnified Parties can at any point of time, even after the expiration or termination of your Service Account with the Company can claim indemnity from you for the aforementioned purposes. This Clause shall survive the termination of this Agreement.
You further agree to provide written assurances to the Company during and after the termination of this Agreement, confirming your responsibility and obligation to indemnify the Company with regard to the aforementioned claims. Any failure to do so shall be considered as material breach of the Agreement.
You also agree to immediately notify the Company, in the event any third-party has initiated any legal proceeding against You, in connection with your use of the website.
You agree that the Company’s liability to You or any third-party who may have suffered harm as a result of Your breach of this agreement shall not exceed INR 1000. You further agree, that the Company or its Consultants shall not be liable for any direct, indirect, consequential or remote damages in connection with this Agreement. The Company shall also not be liable for any damages that may arise as a result of your misuse of the website or your breach of the obligations of this agreement. You acknowledge and agree that the Company or its consultants shall not be held liable for any damages, losses, or any other kind of liability arising out of or in connection with the actions mentioned below:
YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL USE THIS WEBSITE AT YOUR SOLE RISK. ALL CONTENT AND SERVICES WHICH YOU ACCESS AND USE ARE SOLELY ON AN ‘AS-IS’ AND ‘AS-AVAILABLE’ BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR USE AND NON-INFRINGEMENT. NEITHER THE COMPANY NOR ANY OF ITS CONSULTANTS, LICENSORS OR AFFILIATES MAKES ANY POSITIVE REPRESENTATIONS OR WARRANTIES REGARDING ANY PROFESSIONAL OR CONSULTANT, INCLUDING, WITHOUT LIMITATION, SUCH PROFESSIONAL OR CONSULTANT’S ABILITY TO BRING OUT A DESIRED RESULT.THE COMPANY DOES NOT GUARANTEE ANY CONTENT OR SERVICES OFFERED OR PROVIDED ARE ACCURATE OR COMPLETE. THE COMPANY DOES NOT GUARANTEE THAT THE SERVICES OFFERED WILL BE ERROR-FREE OR UNINTERRUPTED. YOU AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND SOLELY AT YOUR OWN RISK. YOU FURTHER AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. THE COMPANY DOES NOT PROVIDE ANY WARRRANTY EXCEPT THOSE EXPRESSLY STATED IN THIS AGREEMENT.
You agree that Your usage of this website including but not limited to the content posted, interaction with other members and the information supplied shall always be in compliance with the applicable laws. Any breach on your part of any applicable law regarding any matter or provision of this Agreement shall be construed as a material breach of this agreement. The Company can then at its sole discretion initiate legal proceedings against You and automatically terminate your Service Account with immediate effect. You agree that any such breach of applicable law may cause the Company loss of reputation and hence, You agree to reimburse the Company in terms of monetary damages for any such loss.
You agree that no provision of this agreement shall be deemed to be waived by the Company, until and unless the Company has expressly in writing consented to such waiver. Moreover, any such waiver by the Company shall not be construed as consent for any subsequent waiver.
If any provision of this agreement becomes invalid or unenforceable due the whatsoever reason, such invalidity or unenforceability shall not lead to the entire agreement becoming unenforceable. The unenforceable or invalid portion of the agreement shall be deemed to be severed from the agreement without affecting the validity of the entire agreement.
This Agreement along with any exhibits or appendices it may have shall constitute the entire agreement between the parties and supersedes any prior written or oral agreements, communications and understanding the parties may have entered into. You agree that the Company can modify this agreement at its sole discretion and You agree to consent to and abide by any such modification made.
You agree that You shall not hold the Company responsible or liable for any non-performance of any obligations under this contract including but not limited to the provision of services being offered, if such non-performance arises out of or in connection with the following events:
All matters, claims and any other such issues which may directly or indirectly arise from or in connection with this agreement shall be governed under the laws of India irrespective of its conflict of laws rules applicable to contracts to be performed within India. The courts at New Delhi shall have the sole and exclusive jurisdiction to hear all matters, claims or any such issues which may directly or indirectly arise from or in connection with the agreement. You agree to waive any objections pertaining to jurisdiction, venue or inconvenient forum. You agree that you shall not approach any other court except the Courts at New Delhi and a failure to do so shall be construed as a breach of the agreement.
Both the Parties expressly agree and consent to submitting for arbitration, all disputes or claims or any such issue which may arise from or in connection to the Agreement, including the determination of the scope or applicability of this agreement to arbitrate. Such arbitration shall be conducted before a sole arbitrator who shall be appointed solely at the discretion and determination of the Company. Arbitration proceedings shall be in compliance with and shall be conducted in accordance with the applicable arbitration law at that point of time. The venue of arbitration shall be New Delhi and the language of arbitration shall be English. The award shall be final and binding on both the parties.
You agree that for any matters or claims arising out of this agreement or Your usage of the website, Indian laws will apply.
If you have any queries regarding this notice/Agreement, you may contact our customer service personnel at the following email address: [insert email address]. The Company does not ensure but, our customer service personnel, shall try to the best of their capabilities to resolve your issue within 30 working days of your raising such an issue.