Terms & Conditions
EFFECTIVE DATE: APRIL 02, 2015
By using or otherwise accessing the Services, and/or by registering with us, you agree to the terms of this Agreement, and to resolve any dispute that you may have with us or the Services in Delhi/NCR. If you do not agree with this Agreement, you cannot use the Services. Please note that we offer the Services "AS IS" and without warranties. If you are registering an account or using the Services on behalf of an individual or entity other than yourself, you represent that you are authorized by such individual or entity to accept this Agreement on such individual's or entity's behalf. We reserve the right to deny access to anyone whom we believe has violated any of the terms of this Agreement.
ABOUT THE SITE
We merely provide a gateway to users/patients to connect with healthcare service providers. Portions of the Services are viewable without registering with us, but to actively participate or store your information, you must register as a member and authorize the use and disclosure of your personal and health information for purposes of allowing us to provide the Services.
You acknowledge that although some content may be provided by individuals in the medical profession, the provision of such content does not create a medical professional/patient relationship, and does not constitute an opinion, medical advice, or diagnosis or treatment, but is provided to assist you with locating appropriate medical care from a doctor, dentist or other healthcare specialist, professional or provider (collectively, “Healthcare Service Provider”). “Content” means content, text, data, graphics, images, photographs, video, audio, information, suggestions, guidance, and other materials provided, made available or otherwise found through the Services and/or Site, including without limitation Content provided in direct response to your questions or postings.
We make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, expertise, quality of work, price or cost information, insurance coverage or benefit information, or other content through the Services. In no event shall we be liable to you or anyone else for any decision made or action taken by you in reliance on any such content. Furthermore, we do not in any way endorse or recommend any individual listed or accessible through the Services.
WE DO NOT PROVIDE MEDICAL ADVICE
The Content that you obtain or receive from us, our employees, contractors, partners, sponsors, advertisers, licensors or otherwise through the Services are for informational, scheduling and payment purposes only. All medically related information comes from independent healthcare professionals and organizations. If you submit a medically related question to us, answers will be (a) provided by independent healthcare professionals and organizations, (b) for informational purposes only, and (c) do not establish any patient/doctor relationship.
The content, whether such content is provided by or through the use of the Services or through any other communications from us, is not intended as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. Do not disregard, avoid or delay obtaining medical advice from a qualified healthcare professional/ provider because of something you may have read on the Site. Do not use the Services for emergency medical needs. If you experience a medical emergency, immediately call a healthcare professional and/or dial 100 if necessary. Your use of the content is solely at your own risk. Nothing stated or posted on the Site or available through any Services is intended to be, and must not be taken to be, the practice of medicine, dentistry, nursing, or other professional healthcare advice, or the provision of medical care.
We do not recommend or endorse any specific tests, Healthcare Service Providers, procedures, opinions, or other information that may appear through the Services. If you rely on any Content provided through the Services, you do so solely at your own risk.
NO DOCTOR PATIENT RELATIONSHIP
No licensed medical professional/patient relationship is created by using the content, whether such content is provided by or through the use of the Services or through any other communications from us including, but not limited to, the “find a doctor” and/or the answers, links to other sites or any assistance we may provide to help you find an appropriate healthcare service provider in any field.
We have no control over, and cannot guarantee the availability of any Healthcare Service Provider at any particular time. We will not be liable for cancelled or otherwise unfulfilled appointments, or any injury resulting therefrom, or for any other injury resulting or arising from or related to the use of the Site or Services whatsoever.
You are strongly advised to perform your own investigation prior to selecting a Healthcare Service Provider by making confirming telephone calls to the appropriate licensing or certification authorities to verify listed credentials and education, and to further verify information about a particular Healthcare Service Provider by confirming with the Healthcare Service Provider’s office, your current Healthcare Service Providers, the medical association(s) relevant to the Healthcare Service Provider’s specialty and your concerned medical board(s) etc.
AUTHORIZATION AND ACKNOWLEDGEMENT, IMPORTANT INFORMATION ABOUT HEALTHCARE SERVICE PROVIDER RELATIONSHIPS AND LISTS
In connection with using the Site and the Services to locate and schedule appointments with Healthcare Service Providers, you understand that:
You are ultimately responsible for choosing your own healthcare service provider.
We will provide you with lists and/or profile previews of Healthcare Service Providers who may be suitable to provide the healthcare services you seek based on information that you provide to us (such as insurance information, geographical location, and healthcare specialty). In an effort to aid in the discovery of Healthcare Service Providers and enable the maximum choice and diversity of Healthcare Service Providers participating in the Services, these lists and/or profile previews may also be based on other criteria (including, for example, Healthcare Service Provider availability, past selections by and/or ratings of Healthcare Service Providers by you or by other users, and past experience of our users with Healthcare Service Providers); but we (a) do not recommend or endorse any Healthcare Service Providers, (b) do not make any representations or warranties with respect to these Healthcare Service Providers or the quality of the healthcare services they may provide, and (c) do not receive any additional fees from Healthcare Service Providers for featuring them (i.e., higher or better placement on lists) through the Services. Note, however, to the extent that you use the Services as provided by your employer, we may provide lists and/or profile previews based also on criteria determined by your employer and your employer’s agents or advisors.
We use reasonable efforts to ensure that Healthcare Service Providers only participate in the Services if they hold all active licenses required by law to practice the specialties of the services offered by them, and are not excluded from participation in the Medicare and Medicaid programs. We may exclude Healthcare Service Providers who, in our discretion, have engaged in inappropriate or unprofessional conduct.
THE SERVICES AND CONTENT AS INFORMATIONAL AND EDUCATIONAL RESOURCES
We make the Services available as a service to consumers and Healthcare Service Providers for the purposes of providing an informational and educational resource. We may, but have no obligation to, have Content posted through the Services reviewed by our editorial personnel. It is important to note, however, that the timeliness, accuracy, and completeness of any or all of the Content is not guaranteed. Neither the authors, the editorial personnel, nor any other party involved in the preparation or publication of this work can guarantee that the Content contained herein is accurate or complete, and they will not be responsible for any errors or omissions or for the results obtained from the use of such Content.
You are encouraged to independently confirm the Content contained herein with other sources and to seek the advice of a qualified Healthcare Service Provider.
Healthcare Service Provider Content: Healthcare Service Provider and practice Content is intended for general reference purposes only. Healthcare Service Provider Content is both provided by the Healthcare Service Provider and/or office staff, and collected from multiple other data sources that may not be confirmed by the Healthcare Service Provider. Such Content often changes frequently and may become out of date, incomplete or inaccurate. Neither the Site nor we provide any advice or qualification certification about any particular Healthcare Service Provider. You are encouraged to independently verify such Content.
Procedures/Products/Services: The procedures, products, services and devices discussed and/or marketed through the Services are not applicable to all individuals, patients or all clinical situations. We make no claims as to the safety, appropriateness, or effectiveness of any such procedures, products, services or devices. Any products and/or services represented through the Services by advertisers, sponsors, and other participants of the Services, either paid or unpaid, are presented for your awareness and do not necessarily imply safety or appropriateness for any particular individual or prediction of effectiveness, outcome or success.
Insurance Content: The insurance and insurance related Content (including, without limitation, insurance coverage and benefit Content) is intended for general reference purposes and for your convenience only (“Insurance Content”). Such Insurance Content is based on Personal Information (as defined below) you provide to us as well as Healthcare Service Provider Content. The Insurance Content is provided either directly by the insurance provider identified by you or via a third-party clearinghouse. Insurance Content often changes frequently and may become out of date, incomplete or inaccurate. In order to improve (but not guarantee) the accuracy of the Insurance Content, you acknowledge and agree that you will (a) provide accurate and complete insurance-related Personal Information, and (b) verify and update your insurance-related Personal Information (including, without limitation, verifying such Personal Information obtained by automated means from an insurance card you provide); We will not be responsible for your failure to comply with subparts (a) or (b) hereof, nor for any inaccurate, incomplete or outdated Insurance Content, regardless of the reason.
As part of the registration process, you will provide an e-mail address and create a password. These are your credentials for accessing the Services that are only available to members ("Credentials"). You should keep your Credentials private and not share your Credentials with anyone else. You must immediately contact us if your password has been stolen or compromised.
YOUR PERSONAL INFORMATION
8.1 Your Responsibilities Generally Even though the Services are provided free of charge, usual, customary and any other charges for any medical or related services rendered by Healthcare Service Providers will apply and will be entirely your responsibility. You must resolve any dispute between you or any Healthcare Service Provider arising from any transaction hereunder directly with the Healthcare Service Provider.
8.2 Responsibilities of Healthcare Service Providers and Others in the Healthcare or Medical Industries Regardless of whether you are a member or whether you schedule or intend to schedule appointments through the Services, if you are a Healthcare Service Provider or other person or entity in the healthcare or medical industries, you acknowledge and agree that: (A) You will not use the Services to view, access or otherwise use, directly or indirectly, price, availability, or other Content for any purpose other than your own personal use as a patient or prospective patient. (B) You will not use the Services to establish, attempt to establish, or enforce, directly or indirectly, any agreement or coordination of the prices charged for any product or service; the kinds, frequencies or amounts of any product or service offered; or the customer or customer categories for any product or service, or otherwise engage or attempt to engage in price fixing, output restriction, or customer or market allocation. (C) You will not use the Services, directly or indirectly, to engage in any anti-competitive, deceptive or unfair practices, or otherwise violate applicable antitrust, competition or consumer protection laws, or regulations.
CHANGES TO THE SERVICES, NEW SERVICES, ADDITIONAL TERMS
9.1 Changes to the Services We may from time to time add new services to the Services, substitute a new service for one of the existing Services, or discontinue or suspend one of the existing Services. Information about the new services will be included through the Services, and the use of new services will be governed by this Agreement. You agree that we will not be liable to you or any third party for any suspension or discontinuation of any of the Services or portion thereof.
9.2 Additional Terms Certain of the Services may have additional terms (including without limitation policies, guidelines, and rules) that will further govern your use of that particular Service, and supplement this Agreement. If you choose to register for, access or use any such Services, you may be presented with additional terms. By using those Services, you agree to comply with any such additional terms, which are incorporated by reference into this Agreement.
LINKS TO OTHER SITES
The Site may include links to other websites, including links provided as automated search results. Some of these websites may contain materials that are objectionable, unlawful, or inaccurate. These links are provided for your convenience only and we do not endorse these sites or the products and services they provide. You acknowledge and agree that we are not responsible or liable for the content or accuracy of these other websites.
CONTENT YOU POST OR SUBMIT
You will have the opportunity to submit feedback regarding your experiences with Healthcare Service Providers featured through the Services, to submit inquiries concerning possible medical needs and to participate in the other interactive and community features of the Site (collectively “Posted Information”). It is important that you act responsibly when providing Posted Information.
We reserve the right to investigate and take appropriate legal action in our sole discretion against anyone who violates this provision, including without limitation, removing any offending communication from the Services and terminating the membership of such violators or blocking your use of the Services.
By posting Posted Information through the Services, you agree to and hereby do grant, and you represent and warrant that you have the right to grant, to us and our contractors an irrevocable, perpetual, royalty-free, fully sub-licensable, fully paid up, worldwide license to use, copy, publicly perform, digitally perform, publicly display, and distribute such Posted Information and to adapt, edit, translate, prepare derivative works of, or incorporate into other works, such Posted Information. This license is non-exclusive, except you agree that we shall have the exclusive right to practice this license to the extent of combining your Posted Information with the Posted Information of our other users for purposes of constructing or populating a searchable database of reviews and information related to the healthcare industry.
YOUR USE OF CONTENT
All of the Content is owned by us or our licensors and is protected by copyright, trademark, patent, and trade secret laws, other proprietary rights, and international treaties. You acknowledge that the Services and any underlying technology or software used in connection with the Services contains our proprietary information. We give you permission to use the aforementioned content for personal, non-commercial purposes only and do not transfer any intellectual property rights to you by virtue of permitting your use of the Services. You may print, download, and store information from the Site for your own convenience, but you may not copy, distribute, republish (except as permitted in this paragraph), sell, or exploit any of the content, or exploit the Site or Services in whole or in part, for any commercial gain or purpose whatsoever. Except as expressly and unambiguously provided herein, neither we nor our suppliers grant you any express or implied rights, and all rights in the Site and the Services not expressly granted by us to you are retained by us.
DISCLAIMER OF WARRANTIES
We have no special relationship with or fiduciary duty to you. You acknowledge that we have no control over, and no duty to take any action regarding: which users gain access to the Site and/or the Services; what content you access via the Site and/or the Services; what effects the content on the Site and/or the Services may have on you; how you may interpret or use the content on the Site and/or the Services; or what actions you may take as a result of having been exposed to the content on the Site and/or the Services. You release us from all liability for you having acquired or not acquired content through the Site and/or the Services. The Site and/or the Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. We make no representations concerning any content contained in or accessed through the Site and/or the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site and/or the Services. We make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Site and/or the Services. We provide the Site and the Services “AS IS”, “WITH ALL FAULTS” and “AS AVAILABLE.”
We make no express or implied warranties or guarantees about the services. To the maximum extent permitted by law, we hereby disclaim all such warranties, including all statutory warranties, with respect to the Services and the Site, including without limitation any warranties that the Services are merchantable, of satisfactory quality, accurate, fit for a particular purpose or need, or non-infringing. We do not guarantee that the results that may be obtained from the use of the Services will be effective, reliable or accurate or will meet your requirements. We do not guarantee that you will be able to access or use the Services (either directly or through third-party networks) at times or locations of your choosing. We are not responsible for the accuracy, reliability, timeliness or completeness of information provided by users of the Services or any other data or information provided or received through the Services. Except as expressly set forth herein, we make no warranties about the information systems, software and functions made accessible through the Services or any other security associated with the transmission of sensitive information. We do not warrant that the Site or the Services will operate error-free, bug-free or free from defects, that loss of data will not occur, or that the Services, software or Site are free of computer viruses, contaminants or other harmful items.
GENERAL LIMITATION OF LIABILITY
Your sole and exclusive remedy for any dispute with us is the cancellation of your registration. In no event shall our total cumulative liability to you for any and all claims relating to or arising out of your use of the Services or the Site, regardless of the form of action, exceed the greater of INR 500; except that, for any and all claims relating to or arising out of your use of the transaction processing services, in no event shall our cumulative liability thereof regardless of the form of action exceed the total amount of transaction processing fees, if any, remitted to and retained by us for providing transaction processing services for appointments made by you in the six (6) months prior to the event giving rise to the applicable claim.
In no event shall we be liable to you (or to any third party claiming under or through you) for any indirect, special, incidental, consequential or exemplary damages arising from your use of, or inability to use, the Site and/or the Services. These exclusions apply to any claims for lost profits, lost data, loss of goodwill, work stoppage, computer failure or malfunction, any other commercial damages or losses, or medical malpractice or negligence of healthcare service providers utilized through use of the service, even if we knew or should have known of the possibility of such damages.
Upon a request by us, you agree to defend, indemnify, and hold harmless us, our employees, contractors, officers, directors, agents, parent, other affiliated companies, suppliers, successors, and assigns from all liabilities, claims, demands and expenses, including attorney's fees, made by any third party that arise from or are related to (a) your access to the Site, (b) your use of the Services, or (c) the violation of this Agreement, or of any intellectual property or other right of any person or entity, by you or any third party using your Credentials. The foregoing indemnification obligation does not apply to liabilities, claims and expenses arising as a result of our own gross negligence or intentional misconduct.
17.3 Limitation of Claims No action arising under or in connection with this Agreement, regardless of the form, may be brought by you more than one (1) year after the cause of action arose; actions brought thereafter are forever barred.
17.5 Headings The headings of the sections of this Agreement are for convenience only, do not form a part hereof, and in no way limit, define, describe, modify, interpret or construe the meaning, scope or intent of this Agreement or any terms or conditions therein.
17.7 Assignment We may assign this contract at any time, including without limitation to any parent, subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of our company to another entity. You may not assign, transfer or sublicense this Agreement to anyone else and any attempt to do so in violation of this section shall be null and void.