Terms & Conditions
This Agreement ("Agreement") and the policies referred to herein contain the terms and conditions that apply to your use of the Internet website and services rendered by Healo Medicine Private Limited (Hereinafter referred to as the Company), incorporated under the Companies Act 2013, delivered through web sites, applications owned, operated, licensed or controlled by the Company.
PLEASE READ THIS AGREEMENT CAREFULLY. THIS AGREEMENT GOVERNS YOUR USE OF THE WEBSITE ( or the “Site” for brevity). IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT OR ANY REVISED VERSION OF THIS AGREEMENT, PLEASE DO NOT USE THIS WEB SITE / mobile application.
Your access and use of the website creates a binding and enforceable legal agreement between you, the website / mobile application user, and Company and signifies your acceptance and consent to be bound by the terms and conditions contained in this Agreement.
BY USING THIS SITE, AND/OR BY REGISTERING WITH US, YOU SIGNIFY THAT YOU AGREE TO THESE TERMS OF USE.
Please note that we offer the Site "AS IS" and without warranties.
About the Site / Mobile application
Everything we offer on the Site is referred to in these Terms of Use collectively as the "Services." Some of what is on the Site is 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 and as otherwise disclosed in our Privacy Policy below.
You acknowledge that although some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, "Information") that is provided to you on the Site (including Information provided in direct response to your questions or postings) may be provided by individuals in the medical profession, the provision of such Information does not create a medical professional/patient relationship, and does not constitute a medical advice, prescription, medical practice or diagnosis or treatment of any particular condition, but is provided to assist you with locating appropriate medical care from a qualified practitioner.
Disclosure of Medical Information
The Company takes seriously the privacy of your medical records and personal information. Accordingly, we have taken all reasonable restrictions necessary to protect your confidentiality in accordance with all applicable laws.
In addition, you authorize the Company and their respective consultants, physicians, employees, contractors, business associates and/or agents ( the ‘representatives’) to access, review, research, analyze, discuss and copy your medical and personal information as may be necessary to provide the service you request. The use of your medical information will and may be used for any analysis by or any other partners appointed by he representatives . for service delivery or customised product delivery.
NO LICENSED MEDICAL PROFESSIONAL/PATIENT RELATIONSHIP IS CREATED BY USING INFORMATION PROVIDED BY OR THROUGH THE USE OF THE SITE, LINKS TO OTHER SITES OR ANY ASSISTANCE WE MAY PROVIDE TO HELP YOU MAKE AND INFORMED DECISION WITH REGARD TO YOUR MEDICAL TREATMENT IN AREAS OF YOUR CONCERN.
You acknowledge and agree that Company’s recommendation report should not in any form, shape or fashion constitute a diagnosis, prescription, medical advice, treatment, medical care, medical practice or establish any doctor-patient relationship. Furthermore, you understand that your treating physician(s) will remain at all times solely responsible for your diagnosis, care, treatment , prescription and evaluation of the second opinion radiology report.
Payment of Fees
You acknowledge that you or any authorized individual acting on your behalf and who is requesting the services is responsible for all fees charged by the Company for the services hereunder (including, but not limited to, fees for professional services). You understand that you or your authorized agent must pay these fees in advance, and that it is your responsibility to pursue any third-party insurance reimbursement at your own expense, if any. You have been informed that you have the option to withdraw consent for the second opinion report at any time. However, if you withdraw your consent after payment is made, you will remain responsible for the full amount. No money will be refunded after services are issued.
Release of Liability
You further release and hold harmless the Company and/or its respective physicians, consultants, employees, contractors, business associates and/or agents for any harm, claim, injury or damages of any kind including, but not limited to, compensatory, direct, indirect or consequential damage, directly or indirectly, as result of any and all uses of the services hereunder and any review, interpretation or analysis or and/or reliance on any and all second opinion reports. Although every effort will be made to generate a second opinion report in reasonably timely fashion, Company makes no representation or warranty as to the timeframe in which such second opinion report will be generated.
Restrictions on Use
Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips and written and other materials that are part of Company or Company's Website(s) are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Company. No material from Company's Website(s) or any other Company website may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except with express written consent of Company. In addition, you shall not commit any of the following acts through use of Company's Website(s): (a) transmit any content that is invasive of another's privacy or otherwise objectionable; (b) use foul language or post links to adult-oriented content; (c) transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes" or any other form of unrequested solicitation; (d) post advertising messages or solicitations, URLs containing a referral code or referral address, or links to businesses or pages with advertising, including "blind" or "hidden" referral links; or e. collect, store, use or disseminate personal data or information about other users in any manner whatsoever, including but not limited to, solicitation of products or services by mail, telephone or e-mail (e.g. e-mail addresses).
Violations
In addition to any and all remedies at law or in equity, any intentional violation of this Agreement shall give Company the right to immediately suspend or cancel its services to, and business relationship with, you.
Changes to Policies and Procedures
The Company reserves the right at any time, with or without notice, to change, alter, modify or delete any of its policies, procedures, terms of service, website content, fees and/or notices. Please check this Agreement periodically for changes. Continued use of the website following the posting of changes to this Agreement shall mean you have read and accept such changes.
Editorial Content
We make the Site available as a service to consumers, healthcare & medical professionals and insurance companies for the purposes of providing an informative and educational resource. We may, but have no obligation to, have non user-posted information reviewed by the Site's editorial personnel.
It is important to note, however, that the timeliness and accuracy of any or all of the Information is not guaranteed. Neither the authors, the editorial personnel, nor any other party who has been involved in the preparation or publication of this work can assure you that the Information contained herein is in every respect accurate or complete, and they are not responsible for any errors or omissions or for the results obtained from the use of such information.
You are encouraged to independently confirm the Information contained herein with other sources and to seek the advice of a qualified physician.
Procedures / Products / Services
The procedures, products, services and devices discussed and/or advertised within the Site are not applicable to all individuals, patients or all clinical situations. We make no claims as to the effectiveness of any such procedures, products, services and devices. Any products and/or services represented on the Site are presented for your awareness and do not necessarily imply appropriateness for any particular individual or prediction of effectiveness, outcome or success.
Registration
The user of our services are required to first register once they have made a choice to use our services and conditions as defined shall apply.
Your Personal Information
In order to register, you must provide certain personal and medical information about yourself. You may voluntarily submit, and hereby authorize the Company its consultants, physicians, employees, agents and others operating on its behalf, to use and/or disclose personal and health-related information about you, including, without limitation, your name, address, social security number and contact information; medical and social history; current medical needs; and other information that is either requested by the Company or volunteered by you ("Personal Information"). You have the right to refuse to authorize the use and/or disclosure of your Personal Information. However if you chose to exercise this right, you may not be able to utilize some features of the Site.
Your Responsibilities
You are responsible for all use of the Site and for all use of your Credentials, including use by others to whom you have given your Credentials. You may use the Site and the Services for lawful, non-commercial purposes only. You may not use the Site in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use and enjoyment of the Site or the Services. You may not attempt to gain unauthorized access to any of the Services, user accounts, or computer systems or networks, through hacking, password mining or any other means. Without limiting any of the foregoing, you agree that you shall not (and you agree not to allow any third party to):
- copy, modify, adapt, translate, or reverse engineer any portion of the Site, its content or materials and/or the Services;
- remove any copyright, trademark or other proprietary rights notices contained in or on the Site and/or the Services or in or on any content or other material obtained via the Site and/or the Services;
- use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Site and/or the Services;
- access, retrieve or index any portion of the Site and/or the Services for purposes of constructing or populating a searchable database of reviews related to the health care industry or medical physicians;
- reformat or frame any portion of the web pages that are part of the Site and/or the Services;
- fraudulently misuse the Services by scheduling an appointment with a physician which you have no intention of keeping;
- create user accounts by automated means or under false or fraudulent pretenses; or
- collect or store personal data about other users in connection with the prohibited activities described in this paragraph.
In addition to our rights in these Terms of Use, we may take any legal action and implement any technical remedies to prevent the violation of this provision and to enforce these Terms of Use.
Changes to these Terms of Use
We may change these Terms of Use at any time, as we reasonably deem appropriate. Upon any change in these Terms of Use, we will post the amended agreement on the Site with notice of the changes. Your continued use of the Site and/or the Services following such notification shall constitute your affirmative acknowledgement of the Terms of Use, the modification and agreement to abide and be bound by the Terms of Use, as amended. If at any time you choose not to accept these Terms of Use, including following receipt of notification of any modifications hereto, then please do not use the Site.
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 on the Site, and the users of new services will be governed by these Terms of Use. You agree that the Company will not be liable to you or any third party for any suspension or discontinuation of any of the Services.
Links to Other Sites
The Site may include links to other websites, including links provided as automated search results. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. These links are provided for your convenience only and do not mean that we 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 sites.
Additional Terms
Certain of the Services on the Site may have additional terms (such as policies, guidelines, and rules) that will further govern your use of that particular Service and supplement these Terms of Use. If you choose to register for or access any such Services, you will be presented with any relevant additional terms and conditions at that time. By using those Services, you agree to comply with such additional guidelines and rules.
No Spam
You may not use contact information provided by our users or collaborating physicians, or harvest such information for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications such as SPAM. You may not allow others to use your account to violate the terms of this section. We may terminate your membership or access to the Site immediately and take other legal action if you or anyone using your Credentials violates these provisions.
Content You Post or Submit
You will have the opportunity to submit feedback regarding your experiences with doctors who are featured on the Site, 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. In providing feedback, please give clear, honest information about the doctor and your experiences, but do not use inappropriate language, make gratuitous personal criticisms or comments or provide information that others could use to determine your identity. When participating in other interactive or community aspects of the Service, please do not post any information that another user or physician may use to identify you as an individual, but please do include all relevant information in a concise manner to help us provide you with a helpful response.
We reserve the right to publish your Posted Information as part of the Service and to also to remove your Posted Information for any reason. We are not, however, responsible for any failure or delay in removing Posted Information. Keep in mind that the Posted Information of others is simply opinion and should not be relied on. In addition:
- You are solely responsible for any Posted Information that you submit, publish or display on the Site or transmit to other members and/or other users of the Site.
- You shall not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. You shall not submit any content or material that infringes, misappropriates or violates the intellectual property, publicity, privacy or other rights of any party.
- You shall not provide any Posted Content that falsely expresses or implies that such content or material is sponsored or endorsed by the Company.
- You shall not provide any Posted Content that is unlawful or that promotes or encourages illegal activity.
- You understand and agree that the Company may (but is not obligated to) review and delete any Posted Content that in the sole judgment of the Company violates these Terms of Use or which might be offensive, illegal, or that might violate the rights of, harm, or threaten the safety of other users or members of the Site and/or other website users.
- You agree that you will only provide Posted Content that you believe to be true and you will not purposely provide false or misleading information.
- By posting Posted Content on the Site, you agree to and hereby do grant, and you represent and warrant that you have the right to grant, the company , its consultants, physicians, contractors, and the users of the Site 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 Content and to adapt, edit, translate, prepare derivative works of, or incorporate into other works, such Posted Content. This license is non-exclusive, except you agree that the Company shall have the exclusive right to practice this license to the extent of combining your Posted Content with the Posted Content of other entities or users for purposes of constructing or populating a searchable database of reviews and information related to the health care industry.
- The following is a partial list of the kind of content and communications that are illegal or prohibited on/through the Site. The Company reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Services and terminating the membership of such violators or blocking your use of the Services and/or the Site. You may not post content that:
- is false or intentionally misleading;
- harasses or advocates harassment of another person;
- involves the transmission of unsolicited mass mailing or "spamming";
- violates the intellectual property or other rights of any person;
- is threatening, obscene, defamatory or libelous; or is pornographic or sexually explicit in nature.
Your Use of Content
Except for Posted Content that you or any other visitors to the Site submit, all of the Information available on or through the Services and/or the Site, including without limitation, text, photographs, graphics and video and audio content, is owned by us and 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 contain Company’s 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 shall not copy, distribute, republish (except as permitted in this paragraph), sell, or exploit any of the content, or exploit the Site in whole or in part, for any commercial gain or purpose whatsoever. Except as is expressly and unambiguously provided herein, the Company and its suppliers do not grant you any express or implied rights, and all rights in the Site and the Services not expressly granted by the Company to you are retained by the Company.
Disclaimer of Warranties
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 SITE OR ANY OTHER DATA OR INFORMATION PROVIDED OR RECEIVED THROUGH THE SITE. EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE COMPANY MAKES NO WARRANTIES ABOUT THE INFORMATION SYSTEMS, SOFTWARE AND FUNCTIONS MADE ACCESSIBLE THROUGH THE SITE OR ANY OTHER SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION. THE COMPANY DOES NOT WARRANT THAT THE SITE OR THE SERVICES WILL OPERATE ERROR-FREE, THAT LOSS OF DATA WILL NOT OCCUR, OR THAT THE SERVICES SOFTWARE OR SITE ARE FREE OF COMPUTER VIRUSES, CONTAMINANTS OR OTHER HARMFUL ITEMS. 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 PHYSICIANS UTILIZED THROUGH USE OF THE SERVICE, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
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: (A) THE TOTAL AMOUNT OF FEES, IF ANY, THAT YOU PAID TO UTILIZE THE SITE OR THE SERVICES OR (B) $100 WHICHEVER IS GREATER. 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 PHYSICIANS UTILIZED THROUGH USE OF THE SERVICE, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Termination
We may terminate and/or suspend your registration immediately, without notice, if there has been a violation of these Terms of Use or other policies and terms posted on the Site by you or by someone using your Credentials. We may also cancel or suspend your registration for any other reason, including inactivity for an extended period, but will attempt to notify you in advance of such cancellation or suspension. The Company shall not be liable to you or any third party for any termination of your access to the Site and/or the Services. Further, you agree not to attempt to use the Site and/or the Services after any such deletion, deactivation or termination.
Indemnification
Upon a request by us, you agree to defend, indemnify, and hold harmless us, our employees, consultants, physicians, contractors, officers, directors, agents, parent, other affiliated companies, and suppliers, 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 these Terms of Use by you or any third party using your Credentials of any intellectual property or other right of any person or entity. The foregoing indemnification obligation does not apply to liabilities, claims and expenses arising as a result of our own gross negligence or intentional misconduct.
Entire Agreement
These Terms of Use and any supplemental terms, policies, rules and guidelines posted on the Site, including the Privacy Policy below, constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of the Company to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
Choice of Law and Dispute Resolution
These Terms if Use shall be deemed to have been entered into and shall be construed and enforced in accordance with the laws of the India, without giving effect to the state's conflicts of law statute. Any controversy, dispute or claim arising out of or related to these Terms of Use or your use of the Services shall be settled by final and binding arbitration to be conducted by an arbitration tribunal in the City of New Delhi, India In accordance with the rules of the Indian Arbitration Act , 1996 . . The arbitration tribunal shall consist of sole arbitrator to be appointed by the Company. The decision or award of the arbitrator shall be final and binding on both the parties, and judgment upon such decision or award may be entered in any competent court or application may be made to any competent court for judicial acceptance of such decision or award and an order of enforcement. The parties agree that the arbitrator shall have the authority to impose equitable and injunctive relief as well as to award monetary relief, as the arbitrator deems appropriate.
Assignment
We may assign this contract at any time 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. We will post a notice on the Site regarding any change of ownership so that you have the opportunity to discontinue your use of the Site or cancel your registration if you do not wish to continue to use the Site and the Services under the new ownership. You may not assign, transfer or sublicense these Terms of Use to any one else and any attempt to do so in violation of this section shall be null and void.
Eligibility
You must be 18 or over, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, to register with us or use the Site and the Services. If you are the parent or legal guardian of a child under the age of 18, you may use the Site or Services on behalf of such minor child. By using the Site or Services on behalf of a minor child, you represent and warrant that you are the parent or legal guardian of such child. If you do not qualify under these terms, do not use the Site or Services. Membership in the Services is void where prohibited by applicable law, and the right to access the Site is revoked in such jurisdictions. By using the Site and/or the Services, you represent and warrant that you have the right, authority, and capacity to enter into these Terms of Use and to abide by all of the terms and conditions set forth herein.