TERMS & CONDITIONS OF USE
Bhatia Hospital (referred to as“we”,us”,“BH”) is the author and publisher of the internet resource www.bhatiahospital.org referred to as “Websites” on the world wide web as well as other connected software and applications provided by BH, including but not limited to the mobile applications (referred to as “App”, and together with Websites referred to as “Services”). BH providestheServicesinpartnershipwithitsagents,affiliates,associates,representativesorotherthirdparties (together referred to as “Partners”)
1. NATURE AND APPLICABILITY OF TERM
The Agreement applies to you whether you are -
A patient, his/her representatives/ attendant/ relative/ friend or affiliates (“you” or “User”);or
A user of the Website or App (“you” or“User”).
This Agreement applies to all services made available by BH on the Website or App.
The Services may change from time to time, at the sole discretion of BH, and the Agreement will apply toyourvisittoandyouruseoftheWebsiteorApptoavailtheService,aswellastoallinformationprovided by you on the Website or App at any given point intime.
This Agreement defines the terms and conditions under which you are allowed to use the Website and App and describes the manner in which we shall treat your account while you are registered as a member with us. If you have any questions about any part of the Agreement, feel free to contact us at [email protected].
By downloading or accessing the App or Website to use the Services, you irrevocably accept all the terms and conditions stipulated in this Agreement and agree to fully abide by them.
ThisAgreementsupersedesallpreviousoralandwrittentermsandconditions(ifany)communicatedtoyou. By availing any Service, you signify your agreement and acceptance to thisAgreement.
We reserve the right to modify or terminate any portion of the Agreement for any reason and at any time.
You should read the Agreement at regular intervals. Your use of the App or Website following any such modification constitutes your agreement to follow and be bound by the Agreement so modified. Any additional terms and conditions, disclaimers, privacy policies and other policies applicable in general and/ or to specific areas of this Website or to particular Service are also considered as part of the Agreement.
You acknowledge that you will be bound by this Agreement for availing any of the Services offered by us. If you do not agree with any part of the Agreement, please do not use the Website or avail any Services.
YouraccesstouseoftheWebsiteandtheServiceswillbesolelyatthediscretionof BH.TheAgreement ispublishedincomplianceof,andis governedbytheprovisionsofIndianlaw,includingbutnotlimitedto:
the Indian Contract Act,1872,
the (Indian) Information Technology Act, 2000,and
the rules, regulations, guidelines and clarifications framed there under, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IGRules”).
2. CONDITIONS OFUSE
Youmustbe18yearsofageoroldertoregister,usetheServices, orvisitor usetheWebsiteinanymanner. By registering, visiting and using the Website or accepting this Agreement, you represent and warrantto
BH that you are 18 years of age or older, and that you have the right, authority and capacity to use the Website and the Services available through the Website, and agree to and abide by this Agreement.
3. END-USER ACCOUNT AND DATAPRIVACY
The terms “personal information” and “sensitive personal data or information” are defined under the SPI Rules, and are reproduced in the PrivacyPolicy.
BH and its Partners may by the Services, collect information relating to the devices through which you access the Website, location from which you access and anonymous data of your usage. The collected information will be used only for improving the quality of the Services and to build newservices.
The Website and App allows BH and its Partners to have access to Users’ personal email or phone number, for the purpose of communication andanalytics.
The type of information collected from Users, including sensitive personal data or information;
The purpose, means and modes of usage of suchinformation;
How and towhom BH will disclose such information; and,
Other information mandated by the SPIRules.
the fact that certain information is beingcollected;
the purpose for which the information is beingcollected;
the intended recipients of theinformation;
the nature of collection and retention of the information;and
the various rights available to such Users in respect of suchinformation.
BH and its Partners shall not be responsible in any manner for the authenticity or correctness of the personal information or sensitive personal data or information supplied by the User to BH or to any other person acting on behalf of BH or itsPartners.
TheUserisresponsibleformaintainingtheconfidentialityoftheUser’saccountaccessinformation andpassword,iftheUserisTheUsershallberesponsibleforall usage of the User’s account and password, whether or not authorized by the User. The User shall immediately notify BH of any actual or suspected unauthorized use of the User’s account or password.AlthoughBHwillnotbeliableforyourlossescausedbyanyunauthorizeduseofyour account, you may be liable for the losses of BH or others due to such unauthorizeduse.
IfaUserprovidesanyinformationthatisuntrue,inaccurate,notcurrentorincomplete(orbecomes untrue,inaccurate,not currentorincomplete),orBHhasreasonablegroundstosuspectthatsuch information is untrue, inaccurate, not current or incomplete, BH has the right to discontinue the Services to the User at its solediscretion.
Itis your responsibility to keep your correct mobile number and email ID updated in the Website or All reminders and notifications will be sent to the account associated with this mobile number and/or email ID. Every time you change any contact information (mobile or email), we will send a confirmation. BH is not responsible for any loss or inconvenience caused due to your non- updation of your contactdetails
BH anditsPartnersmayusesuchinformationcollectedfromtheUsersfromtimetotimeforthe purposes of debugging customer support relatedissues.
Youmaybeprovidedwithapersonalhealthrecordfacilitytoadd,modify,deleteandmanageyour health related records and information. The specific terms relating to this are as below, without prejudice to the rest of these Terms and the PrivacyPolicy:
This facility is only enabled or created for you after you have signed up and explicitly accepted theseTerms.
Information available in your Health Account is of twotypes:
Patient-created: Information generated and uploaded byyou.
BH-created: Information generated by your consuming a medical service in a BH hospital like consult, diagnostic test, admission, etc.
Any BH-created information is provided on an as-is basis and BH makes no representation in connectiontherewith.
The accuracy, adequacy, reliability and liability of any Patient-created information generated or created by a User is the sole responsibility of the User. You fully indemnify and hold harmless BH and its Partners with respect to any inaccuracies, inadequacy, error, loss, problem, liability or any other issue arising out of any Patient-created information entered or accessed by the Youor on your behalf on the Website or App.
Thepersonalhealthrecordfacilityisprovidedonabest-effortsas-isbasis. Whilewestrive tomaintainthe highestlevelsofservice availability,BHoritsPartnersarenotliablefor any interruption that may be caused to your access of theServices.
Anyhealthrelatedreminderornotificationservice(likemedicationreminder,appointment reminder,etc.)thatmayformpartoftheServicesis onlyasupplementarywayofnotifying or reminding you of actions to take related to your health. BH is not liable if for any reason a reminder or notification is not delivered to you or are delivered late or delivered incorrectly,despiteitsbesteffortsorifyourhealthisimpactednegativelydueto
BHusesindustry–levelsecurityandencryptiontoHowever, BH cannot guarantee prevention of unauthorized access if you lose your login credentialsortheyareotherwisecompromised.Pleasesafeguardyourlogincredentialsand report any actual suspected breach of account to [email protected].
If you access your dependents’ record through your personal health record by registering your dependents with your own personal health record, you are deemed to be responsible for the records of your dependents and all obligations that your dependent’s would have had had they maintained their own separate individual personal healthrecord.
If you provide anyone else access to your personal health record, you are deemed to be responsibleforallactions,access,transactionthatthatpersontakesrelatedto yourpersonal healthrecordeitherontheirownorindependently.BHoritsPartnersarenotresponsible or liable for any action, transaction, loss, leakage or any other liability arising out ofthis.
4. LISTING CONTENT AND DISSEMINATING INFORMATION
BH collects, directly or indirectly, and displays on the Website, relevant information regarding the profile and practice of the Practitioners listed on the Website, such as their specialisation, qualification, fees, location, visiting hours, and similar details. BH takes reasonable efforts to ensure that such information is updated at frequent intervals. BH cannot be held liable for any inaccuracies or incompleteness represented from it, despite such reasonableefforts.
The Services provided by BH or any of its licensors or Partners are provided on an "as is" and “as available’ basis, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and n on- infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). BH and its Partners do not provide or make any representation, warranty or guarantee, express or implied about the Website, App or the Services. BH and its Partners do not guarantee the accuracy or completeness of any content or information provided by Users on the Website. To the fullestextentpermittedbylaw,BHanditsPartners disclaimallliabilityarisingoutoftheUser’s use or reliance upon the Website, App, the Services, representations and warranties made by other Users, the content or information provided by the Users on the Website, or any opinion or suggestiongivenorexpressedbyBHoritsPartnersoranyUserinrelationtoanyUserorservices provided by suchUser.
The Website or App may be linked to the website of third parties, affiliates and business partners. BH has no control over, and not liable or responsible for content, accuracy, validity, reliability, qualityofsuch websitesor madeavailableby/throughourWebsiteorApp.Inclusionofanylinkon the Website or App does not imply that BH endorses the linked site. User may use the links and these services at User’s ownrisk.
BH and its Partners assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect User’s equipment on account of User’s access to, use of, or browsing the Website or App or the downloading of any material, data, text, images, video content, or audio content from the Website or App. If a User is dissatisfied with the Website or App, User’s sole remedy is to discontinue using the Website orApp.
If BH determines through feedback or otherwise that you have provided fraudulent, inaccurate, incompleteorfalseinformation,BHreservesthe righttoimmediatelysuspendyouraccesstothe Website or any of your accounts with BH and makes such declaration about suspension on the website alongside your name as determined by BH for the protection of its business and in the interests of Users. You shall be liable to indemnify BH and its Partners for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected BH, its Partners or itsUsers.
5. BOOKING APPOINTMENTS, DIAGNOSTIC TESTS, ORDERING MEDICINES AND INTERACTION WITH MEDICAL SERVICE PROVIDERS
WhileBHwilltrytoensureaconfirmedappointmentwithamedicalserviceprovider(likedoctor ordiagnosticlab)foraUserwhorequestedanappointmentontheWebsiteorApp,BHorits Partnersdo notFurther,BHanditsPartnershavenoliability ifsuchanappointmentisconfirmedbutlatercancelled,postponedorrescheduledbythehospitalormedical service provider, or the medical service provider are not available as per the given appointmenttime.
BHoritsPartnersmayprovidevalueaddedserviceswhichconnectUsersdirectlytothemedical service providers via video call, voice call, text message, online chat or other electronic means and theinformationexchangedbetweentheUserandthemedical serviceproviderisstoredandusedin However,itisatthediscretionoftheUser,toavailsuchService if it isavailable.
Youunderstandandagreethat anyinteractionsandassociatedissueswithotherUsersincludingbut not limited to your health issues and your experiences is strictly between you and the other Users. You shall not hold BH or its Partners responsible for any such interactions and associated issues and BH will not be held responsible or liable for the same. For avoidance of doubt, the Services are not to provide any healthcare or medical advice or diagnosis and hence BH and its Partners are not responsible for any medical or other outcomes between you and the medical service providers you interact with, pursuant to any interactions on the Website or App. If you decide to engage with a medical service provider to provide medical services to you, you do so at your own risk. BH or its Partners shall not be responsible for any breach of service or service deficiency byanymedicalserviceprovideryouconnect,engageortransactwithusingtheWebsiteorApp.We adviseyoutoperformyourowninvestigationorgetfeedbackpriortoselectingadoctororanyother service provider available on the Website orApp.
Without prejudice to the generality of the above, BH or its Partners will not be liablefor:
anywrongmedicationortreatmentqualitybeinggivenbythedoctor(s), diagnosticservice provider(s), pharmacy(s), or any medical negligence on part of the any of theabove;
any type of inconvenience suffered by the User due to a failure on the part of the medical service provider including doctor to make himself/herself available at the appointed time, no show by the doctor, inappropriate treatment, or similardifficulties;
cancellation or rescheduling of booked appointment or any variance in the feescharged;
any medical eventualities that might occur subsequent to using the services of a doctor, diagnostic lab services, pharmacy, whom the User has selected on the basis of the information available on the Website or App or with whom the User has booked an appointment or performed a transaction through the Website orApp.
1.Further, BH shall not be liable, under any event, for any comments or feedback given by any of the Users in relation to the services provided by another User. All such feedback should be made in accordance with applicable law. The option of Users to give feedback remainsatBH’ssolediscretionandmaybemodifiedorwithdrawn atitssolediscretion. BH may moderate such feedback at any time. BH shall not be obliged to act in any manner to give effect to the content of Users’feedback.
6. ONLINE PAYMENT ON WEBSITE AND APP
The Website and App provide you the ability to pay online through a third party payment gateway for some of the Services available on the Website orApp.
Cancellation and RefundPolicy:
The cancellation and refund policy is only applicable to all online payments made through mobile app and website for bookingappointments.
In case cancellation is initiation by end user:
Before Schedule Appointment Time- 100% of Consultation Fees will berefunded. However, please note that convenience fees will not
After Scheduled Appointment Time- neither Consultation Fees nor ConvenienceFees will berefunded.
In case Cancellation is initiated by relevant hospital due to unavailability of Doctor:
100% of consultation Fees and Convenience fees will be refunded to
At the time of cancellation, amount will be refunded via same source of payment and will be subject to the payment terms of the source only. Amount will be refunded within 7 working days.
7. NO DOCTOR PATIENT RELATIONSHIP NOT FOR EMERGENCY USE
Some of the content, text, data, graphics, images, information, suggestions, guidance, and other material(collectively,“Information”)thatmaybe availableontheWebsite(includinginformationprovided 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 licensed medical professional/patient relationship, betweenBHandyou anddoesnotconstitute anopinion,medical advice,ordiagnosisortreatmentofany particularcondition,butisonlyprovidedtoassistyouwithlocatingappropriatemedicalcarefromaqualified practitioner.
It is hereby expressly clarified that, the Information that you obtain or receive from BH, and its employees,contractors,partners,sponsors,advertisers,licensorsorotherwiseontheWebsiteisfor informationalpurposesonly.InnoeventshallBHbeliabletoyouoranyoneelseforanydecision made or action taken by you in reliance on suchinformation.
The Services are not intended to be a substitute for getting in touch with emergency healthcare. If you are an User facing a medical emergency (either on your or a another person’s behalf), please contact an ambulance service, hospital, doctor or appropriate medical professionaldirectly.
8. CONTENT OWNERSHIP AND COPYRIGHT CONDITIONS OF ACCESS
The contents listed on the Websiteare
User generated content,or
Belong to BH and itsPartners.
TheinformationthatiscollectedbyBHdirectlyorindirectlyfromtheUsersshallbelong to BH and its Partners. Copying of the copyrighted content published by BH or its Partners on the Website for any commercial purpose or for the purpose of earning profit willbeaviolationofcopyrightandBHanditsPartnersreservetheirrightstotakeaction under applicable lawaccordingly.
BH authorizestheUsertoviewandaccessthecontentavailableonorfromtheWebsite solely for ordering, receiving, delivering, sharing, storing and communicating only as per this Agreement. The contents of the Website, App, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the Website (collectively, "BH Content"), are the property of BH or its Partnersandareprotectedundercopyright,trademarkandotherapplicablelaws.Usershall not modify the BH Content or reproduce, display, publicly perform, distribute, or otherwise use the BH Content in any way for any public or commercial purpose or for personalgain.
User shall not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitivepurposes.
9. REVIEWS AND FEEDBACK
YouaresolelyresponsibleforthecontentthatyouchoosetosubmitforpublicationontheWebsite,including any feedback, ratings, or reviews (“Critical Content”). The role of BH in publishing Critical Content is restricted to that of an ‘intermediary’ under the Information Technology Act, 2000. BH disclaims all responsibility with respect to the content of Critical Content, and its role with respect to such content is restricted to its obligations as an ‘intermediary’ under the said Act. BH shall not be liable to pay any consideration to any User for re-publishing any content across any of its or its Partnersplatforms.
Your publication of reviews and feedback on the Website is governed by Clause 10 stated hereinafter. Without prejudice to the detailed terms stated in Clause 10, you hereby agree not to post or publish any content on the Website that (a) infringes any third-party intellectual property or publicity or privacyrights, or(b)violatesanyapplicablelaworregulation,includingbutnotlimitedtotheIGRules and SPIRules.BH,atitssolediscretion,maychoosenottopublishyourreviewsandfeedback,ifsorequired by applicable law, and in accordance with Clause 5 of these Terms. You agree that BH may contact you throughtelephone,email,SMS,orany otherelectronicmeans ofcommunicationforthepurposeof:
Obtaining feedback in relation to Website, App or BH’s services;and/or
Obtaining feedback in relation to any medical service providers on the Website or App;and/or
Resolving any complaints, information, or queries by medical service providers regarding your CriticalContent;
and you agree to provide your fullest co-operation further to such communication by BH.
10. RIGHTS AND OBLIGATIONS RELATING TO CONTENT
As mandated by Regulation 3(2) of the IG Rules, BH hereby informs Users that they are not permitted to host, display, upload, modify, publish, transmit, update or share any informationthat:
belongs to another person and to which the User does not have any rightto;
is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any mannerwhatever;
harm minors in anyway;
infringes any patent, trademark, copyright or other proprietaryrights;
violates any law for the time being inforce;
deceivesormisleadstheaddresseeabouttheoriginofsuchmessagesorcommunicatesany information which is grossly offensive or menacing innature;
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computerresource;
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 cognisableoffenceorpreventsinvestigationofanyoffenceoris
copying or duplicating in any manner any of the BH Content or other information available from the Website orApp;
framing or hot linking or deep linking any BHContent.
BH or its Partners, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email signed with electronic signatureaboutanysuchinformation(asmentionedabove)generatedbyUsers,oronbeing notifiedbytheappropriateGovernmentoritsagencythattheWebsiteorAppisbeingused by the User to commit any unlawful act and/or is being used in violation of Clauses 10.a and10.babove,shallbeentitledtoremoveordisable accesstothematerialorinformation that is in contravention of Clause 10. BH is entitled to act, as required by the IG Rules, withinthirtysixhoursofobtainingsuchknowledgeand,whereapplicable,workwithUsers to disable such information that is in contravention of applicable law. BH shall also be entitledtopreservesuchinformationandassociatedrecordsforatleast90(ninety)daysfor production to governmental authorities for investigationpurposes.
BH may disclose or transfer User-generated information to its affiliates or governmental authorities in such manner as permitted or required by applicable law, and you hereby consent to such transfer. BH will comply with any duly-issued government or court directions to disable access to the User-generated information, should it be found to be illegal by a competent governmentalauthority.
11. INTELLECTUAL PROPERTY RIGHTS
The contents of the Website and App are protected by intellectual property laws of India including withoutlimitationtotrademarkandcopyrightlaws.Reproduction,retransmission,publicand/orcommercial useofanyorallThelogos,servicemarksandtrademarks ("IPMarks")displayedontheWebsiteorApparethepropertyofBHoritsPartnersorhavebeenlicensed to BH or its Partners by the relevant owners for use. The User may use this material only as expressly authorized by BH or its Partners and shall not copy, transmit or create derivative works of such material without express authorization from BH or itsPartners.
The User acknowledges and agrees that they shall not upload, post, reproduce or distribute any content on or through the Website or App that is protected by copyright or other proprietary right of a third party, without obtaining the permission of the owner of such right. Any copyrighted or otherproprietarycontentdistributedonorthroughtheWebsiteorAppwiththeconsentoftheowner must contain the appropriate copyright or other proprietary rights notice. The unauthorized submission or distribution of copyrighted or other proprietary content is illegal and could subject the User to personal liability or criminal prosecution. Nothing on the Website or App should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any trademarks without written permission fromBH.
BH reserves the right to suspend or terminate a User’s access to the Website and the Services with or without notice and to exercise any other remedy available under lawwhere:
Such User breaches any terms and conditions of theAgreement;
A third party reports violation of any of its right as a result of your use of theServices;
BH has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User;or
BH believes in its sole discretion that User’s actions may cause legal liability for such User,otherUsersorforBHoritsPartnersorare
Once temporarily suspended, indefinitely suspended or terminated, the User may not continuetousetheWebsiteunderthesameaccount,adifferentaccountorre-registerunder a new account. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages, files and other material kept on the Website bysuch User. The User shall ensure that he/she/it has continuous backup of any
medical services the User has rendered in order to comply with the User’s record keeping process and practices.
13. DISCLAIMER OF WARRANTIES
AllinformationavailableontheWebsiteorApp,(the“Information”)isprovidedonthecondition that the User will make independent determination in respect of its accuracy, completeness or usefulness suitability prior to use or making any decision for any loss or damage in reliance hereof. BH and its Partnerswillnotberesponsibleforthesame.FurtherBHanditsPartnerswillnotberesponsibleorliable in any manner for any data added, provided, stored or managed by the User including all personally identifiableinformation
TheInformationdoesnot constituteaninvitationorrecommendationtotakemedicalservicesfrom BH or its Partners nor is such Information a substitute for professional advice or solicitation in respectofmedicalservices/productsorrecommendationthereof.BHurgestheUserstoseekthe advice of professionals, as appropriate, regarding the evaluation of any specific opinion, advice, product, service, or otherInformation.
AllinformationontheWebsiteisprovidedtoyou"asis"withoutwarrantyofanykindeitherexpress or implied including, but not limited to implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy. In no event shall BH or its Partners be liable for any special, direct, indirect or consequential damages or any damages whatsoeverresultingfromloss,whetherinanactionofcontract,negligenceorothertortuousaction, arisingoutoforinconnectionwiththeuseAllinformationavailable on a hyper-link site and any third party is subject to the terms and conditions of the legal notices contained therein.
14. LIMITATION OFLIABILITY
The information available on the Website or App could include inaccuracies or typographic errors. BHhasendeavoredtoensurethatalltheinformationontheWebsiteiscorrect,butBHneitherwarrants nor makes any representations regarding the quality, accuracy or completeness of any data or information contained.BH makesnowarranty,expressorimplied,concerningthe websiteorAppand/oritscontents and disclaims all warranties of fitness for a particular purpose and warranties of merchantability in respect of Services, including any liability, responsibility or any other claim, whatsoever, in respect of any loss, whether direct or consequential, to any user or any other person, arising out of or from the use of the information contained in thewebsite.
Innoevent shallBHoritsPartnersbeliable foranydirect,indirect,punitive,incidental,special, consequential damages or any other damages resulting from: (a) the use or the inability to use the Services; (b) unauthorized access to or alteration of the User's transmissions or data; (c) any other matterrelatingtotheservices;including,withoutlimitation,damagesforlossofuse,dataorprofits, arisingoutoforinanywayconnectedwiththeuseNeithershallthe Company be responsible for the delay or inability to use the Website, App, Services or any related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Website or App, or otherwise arising out of the use of the Website or App, whether based on contract, tort, negligence, strict liability or otherwise. Further, BH shall not be held responsible for non-availability or access to the Website or App during periodic maintenance operations or any unplanned suspension of access to the Website that may occur due to technical reasons or for any reason beyond BH control. The user understands and agrees that any material and/or data downloaded or otherwise obtained through the website is done entirely at his/her own discretion and risk and the User himself/herself will be solely responsibleforanydamagetotheircomputersystemsorlossofdatathatresultsfromthedownload of such material and/or data. These limitations, disclaimer of warranties and exclusions apply withoutregardtowhetherthedamagesarisefrom(a)breachofcontract,(b)breachofwarranty,(c) negligence, or (d) any other cause of action, to the extent such exclusion and limitations are not prohibited by applicablelaw.
UseragreestoindemnifyandholdharmlessBH,itsaffiliates,officers,directors,employees,consultants, licensors,agents,representativesandPartnersfromanyandallthirdpartyclaims,losses,liability,damages, and/or costs (including reasonable attorney fees and costs) arising from User’s access to or use of Service, violationofthisAgreement,orinfringement,orinfringementbyanyotherUserofhis/her/itsaccount,of
any intellectual property or other right of any person or entity. BH will notify you promptly of any such claim, loss, liability, or demand, and in addition to your foregoing obligations, you agree to provide us with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
16. APPLICABLE LAW AND DISPUTESETTLEMENT
You agree that this Agreement and any contractual obligation betweenthe Company and User will be governed by the laws ofIndia.
SubjecttotheaboveParagraphabove,thecourtsatHyderabadshallhaveexclusivejurisdictionover anydisputes arisingoutoforinrelationtothis Agreement,youruseoftheWebsiteortheServices or the information to which it givesaccess.
17. CONTACT INFORMATION GRIEVANCE OFFICER
If a User has any questions concerning the Company, the Website or App, this Agreement, the Services, or anything related to any of the foregoing, please write to us at [email protected]
In accordance with the Information Technology Act, 2000, and the rules made there under, if you have any grievance with respect to the Website or App or the Service, including any discrepancies andgrievanceswithrespecttoprocessingofinformation,you can contactourGrievanceOfficerat:
The Grievance Officer,
Krishna Institute of Medical Sciences Ltd.
1-8-31/A, Minister Road, Krishna Nagar Colony Ramgopalpet, Secunderabad – 500003, Telangana State.
Email: [email protected]
In the event you suffer as a result of access or usage of our Website by any person in violation of Rule 3 of the IG Rules, please address your grievance to the above person.
If any provision of the Agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from this Agreement and the remainder of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event, the Agreement shall be interpretedsoastogiveeffect,tothegreatest extent consistent withandpermittedbyapplicablelaw,tothe meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitraltribunal.
NoprovisionofthisAgreementshallbedeemedtobe waivedandnobreachexcused,unlesssuchwaiveror consent shall be in writing and signed by BH. Any consent by BH to, or a waiver by BH of any breach by you, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
ONLINE PAYMENT ON WEBSITE AND APP
The Website and App provide you the ability to pay online through a third-party payment gateway for some of the Services available on the Website orApp.
if any transaction does not fructify or may not be completedor
for any failure on part of the bank or the credit card or the third-party site or agency to perform any of its obligationsor
in respect of any loss or damage arising directly or indirectly arising out of the decline or acceptance of authorization for any transaction, for any reasonwhatsoever.
Cancellation and RefundPolicy:
The cancellation and refund policy is only applicable to all online payments made through mobile app and website for booking appointments.
In case cancellation is initiation by end user:
Before Schedule Appointment Time- 100% of Consultation Fees will be refunded. However, please note that convenience fees will not