Full use of the Site is available only to persons who can form legally binding contracts with Healclinic under the applicable law. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Site. The Site is not available to persons whose membership has been suspended or terminated by Healclinic. If you are registering as a business entity, you represent that you have the authority to bind the entity to this User Agreement.
Your Account and Registration Obligations
If you use the Site, you are responsible for maintaining the confidentiality of your account like email ID , Password, etc. and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or Password. You agree to:
- Provide true, accurate, current and complete information about yourself as prompted by registration form available on the Site (such information being the “Registration Data”); and
- Maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete or Healclinic has a reasonable ground to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the User Agreement, Healclinic has the right to indefinitely suspend or terminate your membership and refuse to provide you with access to the Site.
When you visit the Site, send SMSs, notifications or emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email, SMS or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Fees and Services
Membership on the Site is free. Healclinic does not charge any fee for browsing on the Site. However, Healclinic reserves the right to change its fee charging and credit policies from time to time. In particular, Healclinic may at its sole discretion introduce new services and modify some or all of the existing services offered on the Site. In such an event, Healclinic reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the fee and credit policies shall be posted on the Site and such changes shall automatically become effective immediately after they are posted on the Site. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You are responsible for paying all fees associated with the use of the Site and you agree to bear any and all applicable taxes, charges etc. levied thereon. Healclinic reserves the right to issue a warning, temporarily /indefinitely suspend or terminate your membership and refuse to provide you with access to the Site in case of non-payment of fees by you to Healclinic. Healclinic also reserves the right to take legal action in case of non-payment of fees by you to Healclinic.
- The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but limited to:
- The Indian Contract Act, 1872,
- The (Indian) Information Technology Act, 2000, and
- You agree that any registration information you give to Healclinic will always be true, accurate, correct, complete and up to date, to the best of our knowledge. Any phone number used to register with the Subscription Services be registered in your name and you might be asked to provide supporting documents to prove the same.
- You agree that you will not use the services provided by Healclinic for any unauthorized and unlawful purpose. You will not impersonate another person, including, without limitation, a Practitioner, a Practice or User.
- You agree not to access (or attempt to access) any of the services by any means other than through the interface that is provided by Healclinic, unless you have been specifically allowed to do so in a separate agreement with Healclinic.
- You agree that you will not engage in any activity that interferes with or disrupts the services (or the servers and networks which are connected to the services).
- You shall indemnify Healclinic for any claims, losses or damages, or for the costs of any regulatory or court proceedings suffered by Healclinic as a result of your breach under any applicable law.
- You expressly acknowledge and agree that your use of the services is at your sole risk and that the services are provided “as is” and “as available”.
- You agree that this Agreement and the services of Healclinic are subject to any modification, or may be removed by Healclinic, as a result of change in government regulations, policies and local laws as applicable.
- You further agree, undertake and confirm that while providing Your Information on the Site you shall not host, display, upload, modify, publish, transmit, update or share any information that belongs to another person and to which you do not have any right to;is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, religious relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;may harm minors in any way;infringes any patent, trademark, copyright or other third party proprietary rights;violates any law for the time being in force;deceives or misleads Healclinic and/or Users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;impersonate any other person;contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; andthreatens 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 cognizable offence or prevents investigation of any offence or is insulting any other nation.
Without limiting other remedies, Healclinic may limit your activity, suspend or terminate your membership, and/or refuse to provide you with access to the Site:
- If you breach the User Agreement or the documents it incorporates by reference;
- If Healclinic is unable to verify or authenticate any information you provide; or
- If it is believed that your actions may cause legal liability for you, other Users or Healclinic; or
Healclinic may at any time at its sole discretion reinstate suspended Users. A User that has been indefinitely suspended may not register or attempt to register with Healclinic or use the Site in any manner whatsoever until such time that such User is reinstated by Healclinic. Notwithstanding the foregoing, if you breach the User Agreement or the documents it incorporates by reference, Healclinic reserves the right to recover any damages and amounts due and owing by you to Healclinic and to take strict legal action including but not limited to a referral to the Cyber Crime Division / initiating criminal proceedings against you.
Limitation of Liability
In no event shall Healclinic or the medical practitioners 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 out of or in connection with the Site, its services or this User Agreement (however arising,including negligence). Healclinic’s liability in any circumstance is limited to the amount of fees, if any, paid by you to Healclinic. Healclinic, its associates and technology partners make no representations or warranties about the accuracy, reliability, completeness, correctness and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Site or that the operation of the Site will be error free and/or uninterrupted. Consequently, Healclinic assumes no liability whatsoever for any monetary or other damage suffered by you on account of:
- Any accident or damage, however major or minor, caused to you by the practitioner. The entire liability of such act/acts is that of the Practitioner himself/herself as the Practitioner is not an agent of Healclinic and Healclinic is just a facilatator.
- Healclinic cannot be held liable for the accurateness/correctness of the Practitioner
- Any content on the website shall be taken as it is and cannot be construed as an advice. The User should do their own due diligence
- Any response by the practitioner for a specific or a general query by the user is solely the responsibility of the Practitioner and Healclinic cannot be liable for the same.
- Medical fees charged to you by the Practitioner, whether it is excessive or not.
- The delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site; and/or
- Any interruption or errors in the operation of the Site. You expressly understand and agree that Healclinic shall not 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 (even if Healclinic has been advised of the possibility of such damages).
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of or in connection with your breach of the User Agreement or the documents it incorporates by reference, or your use of the Site or your violation of any law or the rights of a third party.
Relationship and Notice
None of the provisions of the User Agreement shall be deemed to constitute a partnership or agency between you and Healclinic and you shall have no authority to bind Healclinic in any manner whatsoever.
Except as explicitly stated otherwise, any notices shall be given by email to firstname.lastname@example.org (In the case of Healclinic) or to the email address you provide to us during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to us during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
If any dispute arises between you and Healclinic during your use of the Site or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the User Agreement, the dispute shall be referred to a sole arbitrator who shall be an independent and neutral third party identified by Healclinic. The place of arbitration shall be in Bangalore. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language.
The User Agreement shall be governed and construed in accordance with the laws of India.