AVOCURE TERMS OF SERVICE
In terms of Information Technology statutes, this document is an electronic record. Being generated by a computer system it does not require any physical or digital signatures.
- The website http://avocure.com (hereinafter referred to as ‘Website’), owned by Avocure Research Private. Limited, a private limited company registered under the Companies Act 1956/2013 having its registered office at 226, Sant Nagar East Of Kailash Delhi South Delhi - 110065, India (hereinafter referred to as the “Company”)represented by its members, where such expression shall, unless repugnant to the context thereof, be deemed to include its respective legal heirs, representatives, administrators, permitted successors and assigns;
- For the purpose of these Terms of Service, along with any amendments to the same, and wherever the context so requires:
- "You" or "User" shall mean any natural or legal person who has agreed to become a user of the Website by logging into the Website. The Website also provides certain services without registration/acceptance, and such provision of services does not absolve You of this contractual relationship.
- "We", "Us", "Our" shall mean and refer to the Company and its Website.
- “Agreement” shall mean and refer to this Terms of Service, including any amendments that may be incorporated into it.
- “Agreement Period” shall refer to the period for which the User engages the services of the Website.
- “Services” shall mean and refer to medical services, wellness care, treatment and such other services provided by the Service Provider through the Company and/or its Website.
- “Service Providers” shall mean and include hospitals and/or clinics and/or medical and wellness providers, but not limited to such other services.
- “Third Party” shall mean and refer to any individual(s), company or entity apart from the User and the Company.
- “Affiliates” shall mean and refer to a person, any company or other entity, whether or not with legal personality, which directly or indirectly controls, is controlled by or is under joint control with that person.
- The headings of each section in this Agreement are only for the purpose of organising the various provisions under this Agreement in an orderly manner. These headings shall not be used by either party to interpret the provisions contained under them in any manner. Further, the headings have no legal or contractual value.
- If You do not agree with any of these terms, please discontinue using the Website.
- We hold the sole right to modify the Agreement without prior permission from You or providing notice to You. The relationship creates on You a duty to periodically check the Agreement and stay updated on its requirements. If You continue to use the Website or avail any of its Services without registration following such change, this is deemed as consent by You to the so amended policies. Your continued use of the Website is conditioned upon Your compliance with the Agreement, including but not limited to compliance with the Agreement even after alterations, if any.
The Company is a tech-based platform which facilitates in providing an end to end journey to Users, who travel across the country in search for better quality of Services. The Company ensures that such Services are easily affordable and are within the reach of the Users.
The Company aims to help the Users connect directly with the Service Providers and strives for providing a much more transparent experience in terms of treatment and billing transactions, so that the Users are not deceived by any Third party.
The Company also helps the Users to share the diagnosis with the Service Providers from their place, if in case of any emergency/complications arising, the Users don’t feel helpless.
We aim at providing a platform where Users from different country across the world can find aggregated information of various Service Providers along with a detailed description of the services. One of the main Service provided by Us includes providing a platform where Users shall have access to search for exact services based on the their requirement. The User shall enquire the geographical location, availability, etc of the Service Provider through our Website. The User shall select the exact Service from the pool of Services provided by the Service Providers, listed in the Website and shall choose and fix an appointment for that Service through Our Website. The unique feature of Our Website is that the User shall upload all their medical records in our platform and the billing transactions with the Service Provider shall be transparent to avoid confusions. The Users shall, post their treatment, review the Services and share the feedback on the Services provided to them.
We shall manage a separate portal for the Service Provider where the Users reports and bills, during the course of treatment, shall be uploaded on daily basis. And thus, the User shall have access to the above-mentioned platform. Our team shall assist the Users in finding the Service as per their requirements.
There shall be additional Services like planning patient travel, on-demand translation services, and other concierge services not limited to.
The Users shall be from any category and geographical locations. Registration on the Website is not mandatory.
You shall access the Services by providing the following information which shall include but not limited to Name, Address with Postal Code, Mobile Number, Email id, health information, previous medical Reports, other medical tests and history, blood group, gender, referring physician (Might be Company’s Affiliate),referring facilitator (Might be Company’s Affiliate) etc.
The Users have an option of registering with the Website, which would help them in experiencing the Services personally.
If You are a minor and wish to use the Website, You may do so through Your legal guardian and the Company reserves the right to terminate Your account on knowledge of You being a minor and having registered on the Website or availing any of its Services. Under this license you may not modify or copy the materials, transfer the materials to another person or “mirror” the materials on any other server.
Further, at any time during Your use of this Website, including but not limited to the time of registration, You are solely responsible for protecting the confidentiality of Your username and password, and any activity under the account shall be deemed to have been done by You. In the case that You provide Us with false and/or inaccurate details or We have reason to believe You have done so, We hold the right to permanently suspend Your account. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your account, whether or not you have authorized such activities or actions. You will immediately notify us of any unauthorized use of your account.
The prices of each service are visible to the Users on the Website. Price variation subsequent to order placement may occur in rare cases like order placement by User and price modification on the Website taking place simultaneously (before User proceeds to checkout). The membership of this Website is free and this includes the browsing of the Website. However, we reserve the right to amend the charges for the services rendered. In such situations, the Users will be intimated of the same, and it will be up to you to decide whether or not you will continue with services offered by us. Such changes are effective as soon as they are posted on the Website.
The Company reserves the right to amend the fee policy for use of the Website, the download of the application and the charges for any or all Services rendered. In such an event, the User will be intimated of the same when it attempts to access the Website, and the User shall have the option of declining to avail the Services offered on the Website. Any such change, if made, shall come into effect immediately upon such change being notified to the User, unless specified otherwise. Security deposit refundable amount.
The User takes full responsibility for payment of all taxes and fees that are levied or arise in the course of use of the Website, including but not limited to downloading content and availing its service partner’s service.
Transactions on the Website are secure and protected. Any information entered by the User when transacting on the Website is encrypted to protect the User against unintentional disclosure to third parties. The User’s credit and debit card information is not received, stored by or retained by the Company / Website in any manner.
The User undertakes to fulfill the following obligations. Failure to satisfy any of these obligations gives Us the right to permanently suspend Your account and/or claim damages for any losses that accrue to Us or additional costs that may be imposed on us.
- You hereby certify that You are at least 18 years of age.
- You agree to ensure the email address provided in Your account registration is valid at all times and shall keep Your contact information accurate and up-to-date.
- You agree to comply with all local laws and regulations governing the downloading, installation and/or use of the Website, including, without limitation to, any usage rules set forth in this Agreement.
- You undertake not to:
- Cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate post, publish or create derivative works from, transfer, or sell any information or software obtained from the Website. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted. Should You want to engage in one or more such actions, prior permission from Us must be obtained;
- Access (or attempt to access) the Website and/or the materials or services by any means other than through the interface that is provided by the Website. The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or , materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website is prohibited. You acknowledge and agree that by accessing or using the Website Services, You may be exposed to content from other Users or Third Parties that You may consider offensive, indecent or otherwise objectionable. We disclaim all liabilities arising in relation to such offensive content on the Website. Further, You may report such offensive content;
- Use the Website or in any manner that may impair, overburden, damage, disable or otherwise compromise (i) Company’s Services; (ii) Any other party's use and enjoyment of the Company’s Services; or (iii) The services and products of any Third Party (including, without limitation to, the Authorized Device);
- Use the Services or materials for any unlawful purposes or to conduct any unlawful activity, including, but not limited to, fraud, embezzlement, money laundering or identity theft;
- Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;
- Engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the );
- Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's mobile phone;
- Download any file posted on the Website that You know, or reasonably should know, cannot be legally distributed in such manner;
- Neither there is probe, scan to test the vulnerability of the Website or any connected network, nor breach the security or authentication measures on the Website. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website , or exploit the Service or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the ;
- Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, servers or networks connected to or accessible through the Website or any affiliated or linked s;
- Use the Website or any material or Content for any purpose that is unlawful or prohibited by these Agreement, or to solicit the performance of any illegal activity or other activity which infringes the rights of this Website or other Third Parties;
- Violate any applicable laws or regulations for the time being in force within or outside Your home country;
- Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
- Publish, post, disseminate, any information which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986.
- Threaten the unity, integrity, defence, security or sovereignty of Your home country, 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;
- Disseminate information through the Website that is false, inaccurate or misleading, or violate any applicable laws or regulations for the time being in force in or outside Your home country.
- All information, content, services and software displayed on, transmitted through, or used in connection with the Website, including for example news articles, reviews, directories, guides, text, photographs, images, illustrations, audio clips, video, html, source and object code, trademarks, logos, and the like (collectively and hereinafter referred to as the "Content"), as well as its selection and arrangement, is owned by Us. You may use the Content only through the Website, and solely for Your personal, non-commercial use.
- You may not, republish any portion of the Content on any Internet, Intranet or extranet site or incorporate the Content in any database, compilation, archive or cache. You may not distribute any Content to others, whether or not for payment or other consideration, and You may not modify copy, frame, cache, reproduce, sell, publish, transmit, display or otherwise use any portion of the Content. You may not scrape or otherwise copy our Content without permission. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Website, not to insert any code or product or manipulate the content of the Website in any way that affects the user's experience, and not to use any data mining, data gathering or extraction method.
We respect the intellectual property of others. If You believe Your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material on the Website, please contact Us at [email protected] Information and Content provided by the User by providing information to, communicating with, and/or placing material on, the Website, including for example but not limited to, communication during any registration, You represent and warrant:
- i.You own or otherwise have all necessary rights to the content You provide and the rights to use it as provided in this Agreement;
- ii.all information You provide is true, accurate, current and complete, and does not violate these Agreement; and
- iii.the information and Content shall not cause injury to any person or entity. Using a name other than Your own legal name is prohibited.
You authorize us to share the information across all our affiliated Websites, to include the information in a searchable format accessible by users of the Website, and to use Your name and any other information in connection with its use of the material You provide. You also grant the right to use any material, information, contained in any communication You send to us for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information. All rights in this paragraph are granted without the need for additional compensation of any sort to You.
- We may modify, replace, refuse access to, suspend or discontinue the Services, partially or entirely, or add, change and modify prices for all or part of the Services for You or for all Users at any time and in Our sole discretion. These changes shall become effective upon providing a notice of the same to You via email/ the home screen of the Website. We further reserve the right to withhold, remove and or discard any content available as part of Your account, with or without notice, if deemed by Us to be contrary to this Agreement.
- The Website has no obligation to provide You with a copy of the information You or any other User provides on the Website or that the Website has accessed.
- Further, We reserve the right, in Our sole discretion, to modify or replace any part of this Agreement at any time, effective upon the date of giving Users notice of the same. Notice shall be provided of such change via email to the Users and/ or by posting a notice on the home screen of the Website.
You and We both understand that there may be instances of difficulty in accessing or receiving email communication. We are not responsible if any email notice gets caught by Your SPAM folder, or if You do not see the email, or if You have given us an incorrect email id or if for any other reason You do not receive the email notice. Therefore, we encourage You to frequently open the Website to monitor any changes. Your continued use of or access to the Services following the posting of any changes to this Agreement constitutes acceptance of those changes. We may also, in the future, offer new Services and/ or features through the Website. Such new features and/ or services shall be subject to the terms and conditions of this Agreement.
- You agree to indemnify, hold harmless, and defend Us from and against any and all liability, loss, claim, damages, expense, or costs (including but not limited to attorneys' fees), incurred by or made Us in connection with any claim arising from or related to :
- i.Your use or any Third Party’s use via Your account of the Service provided by the Website and its Content;
- iii.Any breach or violation of this Agreement, including any amendment, or of any statute or regulation by You, or any Third Party through Your account.
- You agree to fully cooperate in indemnifying Us at Your expense. You also agree not to reach a settlement with any party without Our consent.
14.DISCLAIMER OF WARRANTIES AND LIABILITIES
This Website is solely for non – commercial use. The material on this Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information .Occasionally there may be information on Our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to Service descriptions, pricing, promotions, offers and availability. This website is a service platform that provides general information about the Service Providers. The Website does not provide services on its own and thus any information including but not limited to the information provided by the Providers (and other third parties) shall not constitute a consultation or diagnosis. The website’s content is not a substitute for direct, personal, professional medical care and diagnosis .We are not medical professionals and the User shall independently decide whether to initiate, continue and/or terminate the course of treatment.
We shall take all reasonable care to ensure that all details, descriptions and prices of products are as accurate as possible, however We shall neither verify if, and cannot guarantee that, all information provided is accurate, complete or correct, nor be held responsible for any errors, inaccurate, misleading or untrue information provided by the Providers or non-delivery of information by the Providers. The website shall neither be constitute nor be regarded as a recommendation or endorsement of the quality, service level or qualification of any Service Provider.
a) Except as otherwise expressly stated on the Website, all services offered on the Website are offered on an "as is" basis without any warranty whatsoever, either express or implied. Exercise by nature is strenuous and in case of any hurt or injury, We won’t be held responsible.
b) The User agrees and undertakes that he is accessing the Website and transacting at his/her sole risk and that he is using his/her best and prudent judgment before availing any service listed on the Website, or accessing/using any information displayed thereon. You should consult with Your doctor before beginning any new exercise or diet program.
c) The User agrees that any kind of information, resources, activities, recommendations obtained/availed from website, written or oral, will not create any warranty and the Website disclaims all liabilities resulting from these. You are solely responsible for your communication/interaction with other Users on the Website and the Website doesn’t make any warranty about the conduct of Users on the Website.
d) The Company and the Website creates only a platform between the User and Service Providers and shall not form any contractual obligation between both the User and the Service Provider. Thus if any contractual relationship is binding between the User and Service Providers, both the Company and the Website shall not held liable for any acts arising out of such relationship.
e) The Website does not guarantee that the functions and services contained in the Website will be uninterrupted or error-free, or that the Website or its server will be free of viruses or other harmful components, and the User hereby expressly accepts any and all associated risks involved with the User’s use of the Website. In the event of cancellation or termination, you are no longer authorized to access the part of the Site affected by such cancellation or termination.
f) The Website may avail services from third party or may provide links for sharing Our content on Face book, Twitter or other such third party websites, this is done to serve you better and these services will be provided on “as is” basis and the Website disclaims any liabilities resulting from these third party services. The Website will not be responsible for any internet delays and damages caused by such problems. We also disclaim all liabilities and take no responsibility for the content that may be posted on such third party websites by the users of such websites in their personal capacity on any of the above mentioned links for sharing and/or listing purposes as well as any content and/or comments that may be posted by such user in their personal capacity on any official webpage of http://avocure.com/ on any social networking platform.
g) It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy. Unless otherwise stated on the specific products sales page and order form all of our products, programs and services come with no action.
h) The Company shall not charge for the Services provided by it to the Users. The Company shall charge commission from the Service Provider for each Service availed through our Website.
i) The Company shall not entertain any monthly installments / down payments from the Users.
Any and all communication relating to any dispute or grievance experienced by the User may be communicated to the Company by the User reducing the same to writing, and sending the same to the registered office of the Company by Registered Post, or drop a message at [email protected]
16.DISPUTES ARISING OUT OF THIS AGREEMENT
All disputes involving but not limited to rights conferred, compensation, refunds, and other claims will be resolved through a two-step Alternate Dispute Resolution mechanism.
- Stage 1: Mediation. In case of a dispute, the matter will first be attempted to be resolved by a sole mediator who is a neutral third party and will be selected at the mutual acceptance of a proposed mediator by both parties. Both parties may raise a name for the sole mediator and in the case both parties accept the proposed name, the said person shall be appointed as sole mediator. In case the parties are not able to reach a consensus within two proposed mediators, the Company reserves the right to decide the final mediator. The decision of the mediator is binding on both parties.
- Stage 2: Arbitration. In case that mediation does not yield a suitable result or preferred by any one of the parties, arbitration may follow, the award of which is binding on both parties. The Arbitration Board shall comprise three members – one appointed by each party and the third member to be nominated by the two appointed members by mutual consent. Arbitration shall be held at Delhi, India. The proceedings of arbitration shall be in the English language. The arbitrator’s award shall be final and binding on the Parties.
The formation, interpretation and performance of this Agreement and any disputes arising out of it shall be governed by the law, rules and regulations of Delhi, India. The exclusive jurisdiction and venue for actions and disputes may be as mentioned above, and You hereby submit to the jurisdiction of such courts.
- Entire Agreement: This Agreement is the complete and exclusive statement of the agreements between You and Us with respect to the subject matter hereof and supersedes all other communications or representations or agreements (whether oral, written or otherwise) relating thereto.
- Waiver: The failure of either party at any time to require performance of any provision of this Agreement in no manner shall affect such party's right at a later time to enforce the same. No waiver by either party of any breach of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or construed as, a further or continuing waiver of any other such breach, or a waiver of any other breach of this Agreement.
- Severability: If any provision of this Agreement shall to any extent be held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement shall in no way be affected or impaired thereby and each such provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. In such case, this Agreement shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the rights and commercial expectations of the parties hereto, as expressed herein.
- Liability: The Company shall not be liable in any way for User Content, including, but not limited to, any errors or omissions contained therein, or any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, transmitted or otherwise made available via the Service or broadcast elsewhere. Unless otherwise stated on the specific products sales page and order form, all of our products, programs and services come with no action which means there is no refund policy.
If you have any questions about this Agreement, the practices of the Website, or your experience with the Service, you can drop in a message at [email protected]