HomeopathyOne (referred to as “we”, us”, “HomeopathyOne”) is the author and publisher of the internet resource https://www.HomeopathyOne.com and its sub domain’s (together referred to as “Websites”) on the world wide web as well as other connected software and applications provided by HomeopathyOne, including but not limited to the mobile applications (referred to as “App”, and together with Websites referred to as “Services”). HomeopathyOne provides the Services in partnership with its agents, affiliates, associates, representatives or other third parties (together referred to as “Partners”). All references to the Website shall be deemed to mean a reference to HomeopathyOne and vice versa, as the context may require. Except as stated herein, HomeopathyOne is the sole owner of all information and content provided on the Website.
I acknowledge that HomeopathyOne, 301, 3rd Floor, Tryksha Desire, Opp. Shiv Shakti Nagar BRTS, Beside Kirtidham Jain Derasar, Ahmedabad – Patan Highway, Chandkheda, Ahmedabad, Gujarat, India – 382424. is the owner/ proprietor of the domain name and Website, “www.HomeopathyOne.com” (hereinafter referred to as, “the Website”). I also absolve professionals engaged /contracted by HomeopathyOne shall include its affiliate and associate companies, directors, officers, employees or cyber doctors who offer services through the Website from any responsibility or liability whatsoever, for any medical, legal or financial events or outcomes related to services attained by me through the use of online video consultation or any form of communication.
NATURE AND APPLICABILITY OF TERM
- The Agreement applies to you whether you are –
- Any person accessing the Website and/or availing of the services provided by HomeopathyOne through the Website shall be referred to as “the User”. 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 HomeopathyOne on the Website or App.
- The Services may change from time to time, at the sole discretion of HomeopathyOne, and the Agreement will apply to your visit to and your use of the Website or App to avail the Service, as well as to all information provided by you on the Website or App at any given point in time.
- 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 firstname.lastname@example.org.
- 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.
- This Agreement supersedes all previous oral and written terms and conditions (if any) communicated to you. By availing any Service, you signify your agreement and acceptance to this Agreement.
- 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.
- Your access to the Website and the Services will be solely at the discretion of HomeopathyOne. The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but not limited to:
- 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 “IG Rules”).
END-USER ACCOUNT AND DATA PRIVACY
- HomeopathyOne 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 new services.
- The Website and App allows HomeopathyOne and its Partners to have access to Users’ personal email or phone number, for the purpose of communication and analytics.
- The type of information collected from Users, including sensitive personal data or information;
- The purpose, means and modes of usage of such information;
- How and to whom HomeopathyOne will disclose such information; and,
- Other information mandated by the SPI Rules.
- the fact that certain information is being collected;
- the purpose for which the information is being collected;
- the intended recipients of the information;
- the nature of collection and retention of the information; and
- the various rights available to such Users in respect of such information.
- HomeopathyOne 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 HomeopathyOne or to any other person acting on behalf of HomeopathyOne or its Partners.
- The User is responsible for maintaining the confidentiality of the User’s account access information and password, if the User is registered on the Website or App. The User shall be responsible for all usage of the User’s account and password, whether or not authorized by the User. The User shall immediately notify HomeopathyOne of any actual or suspected unauthorized use of the User’s account or password. Although HomeopathyOne will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of HomeopathyOne or others due to such unauthorized use.
- If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or HomeopathyOne has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, HomeopathyOne has the right to discontinue the Services to the User at its sole discretion.
- It is your responsibility to keep your correct mobile number and email ID updated on the Website or App. 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. HomeopathyOne is not responsible for any loss or inconvenience caused due to your non-updation of your contact details.
- HomeopathyOne and its Partners may use such information collected from the Users from time to time for the purposes of debugging customer support related issues.
- This facility is only enabled or created for you after you have signed up and explicitly accepted these Terms.
- Information available in your Health Account is of two types:
- Patient-created: Information generated and uploaded by you.
- HomeopathyOne-created: Information generated by your consuming a medical service in a HomeopathyOne hospital like consult, diagnostic test, admission, etc.
- Any HomeopathyOne-created information is provided on an as-is basis and HomeopathyOne makes no representation in connection therewith.
- 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 HomeopathyOne 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 You or on your behalf on the Website or App.
- The personal health record facility is provided on a best-efforts as-is basis. While we strive to maintain the highest levels of service availability, HomeopathyOne or its Partners are not liable for any interruption that may be caused to your access to the Services.
- Any health-related reminder or notification service (like medication reminder, appointment reminder, etc.) that may form part of the Services is only a supplementary way of notifying or reminding you of actions to take related to your health. HomeopathyOne is not liable if for any reason a reminder or notification is not delivered to you or is delivered late or delivered incorrectly, despite its best efforts or if your health is impacted negatively due to the same.
- HomeopathyOne uses industry–level security and encryption to your personal health record. However, HomeopathyOne cannot guarantee prevention of unauthorized access if you lose your login credentials or they are otherwise compromised. Please safeguard your login credentials and report any actual suspected breach of account to email@example.com.
- 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 health record.
- If you provide anyone else access to your personal health record, you are deemed to be responsible for all actions, access, transaction that that person takes related to your personal health record either on their own or independently. HomeopathyOne or its Partners are not responsible or liable for any action, transaction, loss, leakage or any other liability arising out of this.
- The user agrees that the user is solely responsible for anything posted by him/ her on the Site. The user further agrees to defend, indemnify, compensate and hold HomeopathyOne, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against all claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, the user’s violation of these Terms and Conditions or any claims based upon the user posts/submissions on the Site. The user also consents to abide by the spam policies and undertakes one not to forward unsolicited mails using the “Refer a Friend” feature from HomeopathyOne server to any of the user contacts without their prior consent. Failure to do so may result in cancellation of the users account with HomeopathyOne.
LISTING CONTENT AND DISSEMINATING INFORMATION
- HomeopathyOne 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. HomeopathyOne takes reasonable efforts to ensure that such information is updated at frequent intervals. HomeopathyOne cannot be held liable for any inaccuracies or incompleteness represented from it, despite such reasonable efforts.
- The Services provided by HomeopathyOne 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 non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). HomeopathyOne and its Partners do not provide or make any representation, warranty or guarantee, express or implied about the Website, App or the Services. HomeopathyOne and its Partners do not guarantee the accuracy or completeness of any content or information provided by Users on the Website. To the fullest extent permitted by law, HomeopathyOne and its Partners disclaim all liability arising out of the User’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 suggestion given or expressed by HomeopathyOne or its Partners or any User in relation to any User or services provided by such User.
- The Website or App may be linked to the Website of third parties, affiliates and business partners. HomeopathyOne has no control over, and is not liable or responsible for content, accuracy, validity, reliability, quality of such Websites or made available by/through our website or App. Inclusion of any link on the Website or App does not imply that HomeopathyOne endorses the linked site. Users may use the links and these services at User’s own risk.
- HomeopathyOne 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, the User’s sole remedy is to discontinue using the Website or App.
- If HomeopathyOne determines through feedback or otherwise that you have provided fraudulent, inaccurate, incomplete or false information, HomeopathyOne reserves the right to immediately suspend your access to the Website or any of your accounts with HomeopathyOne and makes such declaration about suspension on the Website alongside your name as determined by HomeopathyOne for the protection of its business and in the interests of Users. You shall be liable to indemnify HomeopathyOne and its Partners for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected HomeopathyOne, its Partners or its Users.
- The contents on the portal are provided by HomeopathyOne for use by the online users as a quick reference of information about doctors, hospitals and other healthcare services providers. The listing of the doctors, hospitals and other healthcare services providers on the portal is not intended as a tool for verifying the credentials, qualifications, or abilities of any person or organization. Inclusion in the Directory Listing does not imply recommendation or endorsement nor does omission in the Directory Listing imply HomeopathyOne disapproval. The Doctors in HomeopathyOne medical panel are board certified practitioners (Registered Medical Practitioners) in their respective countries.
- Any information provided by HomeopathyOne employees including the doctors on helpline (video consulting, Phone, Live Chat and Email) will be provided to general public to make a more informed decision. HomeopathyOne will not be responsible or liable in any manner whatsoever for any damages or any loss (including that of health, life, limb or livelihood) of any kind because of following the advice or instruction given by HomeopathyOne employees, associates, contractors and online users.
- The user is prohibited from republishing, selling, duplicating, or “scraping” for commercial or any other purpose whatsoever, the Directory Listing or any of the data or other information contained in the site, in whole or in part, in any medium whatsoever, and all such information and content posted on the site either by HomeopathyOne or any user or anyone else authorized by HomeopathyOne to this extension, shall form exclusive property of HomeopathyOne.
- The Content is for informational purposes only. The Content is not intended to be a substitute for face-to-face professional advice, diagnosis, or treatment. The user shall always seek the advice of an attorney, physician financial professional or such other professional within the user’s jurisdiction with any questions regarding a legal, medical or financial condition. Never disregard professional legal, medical or financial advice or delay in seeking it because of information provided by a professional through the Site.
- The user agrees that the user will not use the Site to post any advertisement or other commercial message. The user further agrees that it will not post or attempt to post any content whatsoever on the Website of HomeopathyOne, which to the knowledge of the user is knowingly false, defamatory, inaccurate, abusive, harassing, obscene, sexually oriented or threatening message or material irrespective of whether the same is defamatory or illegally invasive of another person’s privacy. If any complaint is received against a user to this effect, then upon receiving such complaint HomeopathyOne will delete any inappropriate posts as quickly as possible; however, the submissions are generally posted in real-time and are not reviewed by HomeopathyOne before they are posted to the Site.
- Information or advice provided on the site by professionals should be used merely as a guide rather than a definitive recommendation to adopt any specific action or treatment. Nothing transmitted to or from this Site constitutes the establishment of a doctor-patient relationship between you and any professional providing information or advice through the site. The site is not intended to diagnose a medical condition
- For all consultations including medical consultations in particular, before acting on any of the advice offered in/through the site, I should confirm that such action is applicable and suitable to me, by referring to my own medical practitioner or by obtaining a second and third opinion of other medical practitioners. The limitations associated with consultations or other services exclusive of physical examination, in person legal advice or onsite and extensive investigations are hereby accepted and agreed to by me. I further absolve from all liability, HomeopathyOne and its owners, managers, directors, employees, panel doctors, consultants, agents, partners, advertisers and/ or affiliates from any legal responsibility for any incorrect or misleading information provided by any professional or contained within the Site.
BOOKING APPOINTMENTS, DIAGNOSTIC TESTS, ORDERING MEDICINES AND INTERACTION WITH MEDICAL SERVICE PROVIDERS
- While HomeopathyOne will try to ensure a confirmed appointment with a medical service provider (like doctor or diagnostic lab) for a User who requested an appointment on the Website or App, HomeopathyOne or its Partners do not guarantee that the User will get a confirmed appointment. Further, HomeopathyOne and its Partners have no liability if such an appointment is confirmed but later cancelled, postponed or rescheduled by the hospital or medical service provider, or the medical service provider are not available as per the given appointment time.
- You understand and agree that any interactions and associated issues with other Users including but not limited to your health issues and your experiences is strictly between you and the other Users. You shall not hold HomeopathyOne or its Partners responsible for any such interactions and associated issues and HomeopathyOne 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 HomeopathyOne 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. HomeopathyOne or its Partners shall not be responsible for any breach of service or service deficiency by any medical service provider you connect, engage or transact with using the Website or App. We advise you to perform your own investigation or get feedback prior to selecting a doctor or any other service provider available on the Website or App.
- Without prejudice to the generality of the above, HomeopathyOne or its Partners will not be liable for:
- any wrong medication or treatment quality being given by the doctor(s), diagnostic service provider(s), pharmacy(s), or any medical negligence on part of the any of the above;
- 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 similar difficulties;
- cancellation or rescheduling of booked appointment or any variance in the fees charged;
- 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 or App.
- Further, HomeopathyOne 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 remains at HomeopathyOne’s sole discretion and may be modified or withdrawn at its sole discretion. HomeopathyOne may moderate such feedback at any time. HomeopathyOne shall not be obliged to act in any manner to give effect to the content of Users’ feedback.
- The user also agrees to always seek the advice of a physician or other qualified health provider with any questions that he/ she may have regarding a medical condition. The user further agrees never to disregard professional medical advice or delay in seeking it because of something that has been read on HomeopathyOne’s Website or have had Live video consulting or online chat or phone call or Email communication with a HomeopathyOne team member including the HomeopathyOne doctors.
ONLINE PAYMENT ON WEBSITE AND APP
- The Website and App provide you with the ability to pay online through a third-party payment gateway for some of the Services available on the Website or App.
- The user also agrees and states that he/she has understand that the professionals that participate in the site may or may not be affiliated with, employed by or agents of HomeopathyOne and that HomeopathyOne makes no representations as to the qualifications of any of the physicians who participate in the network. Any listing, name, content, material of any professional or firm found on this site does not constitute any endorsement or recommendations. When deciding to take advice and/or hire any professional or firm, the user shall conduct prior independent research as to the accuracy of the credentials expressed in the Content. The client agrees to pay an annual membership fee if applicable and the necessary consultation fee, pursuant to the schedule of memberships and fees set forth on the HomeopathyOne Website. HomeopathyOne reserves the right to modify its pricing structure at any time and implement the new price structure at any time prior to billing the client for his or her initial payment or for future payments that are due pursuant to this agreement.
- HomeopathyOne reserves the right to place any third-party advertisements on the Site at any time and without notice or consent of the user or without attracting any liability in this regard. HomeopathyOne reserves the right to charge HomeopathyOne Account holders in the future with prior notice. HomeopathyOne Account holders are not, however, obliged to pay for such account membership retrospectively. HomeopathyOne reserves the right to release professionals’ responses in circumstances where a client has paid (or a professional has waived) the requisite fee owing to technical difficulties, if and when necessary. HomeopathyOne reserves the right to limit account holders use of HomeopathyOne. Questions or comments regarding the Site should be directed by electronic mail to firstname.lastname@example.org.
Cancellation and Refund Policy:
- The cancellation and refund policy are only applicable to all online payments made through mobile app and Website for booking appointments.
- The calendar as seen on the HomeopathyOne is based on Indian Standard Time (I.S.T.). If a client is outside of the IST time zone, it is that Client’s responsibility, at the time of scheduling and at the time of attendance of their consultation, to accommodate for this difference. HomeopathyOne will not refund or reschedule appointments based on an error made by the client regarding this issue.
- 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 be refunded.
- After Scheduled Appointment Time- neither Consultation Fees nor Convenience Fees will be refunded.
- In case Cancellation is initiated by relevant hospital due to unavailability of doctor – 100% of consultation Fees and Convenience fees will be refunded to end user.
- At the time of cancellation, the amount will be refunded via the same source of payment and will be subject to the payment terms of the source only. The amount will be refunded within 7 working days.
- HomeopathyOne will not, under any circumstances, issue cash refunds or credits for early contract cancellation or refund payment for any consultation, once charged. If the Client has a question about charges made to your account, he or she should contact us immediately. If the charges were made in error, we will immediately credit the account or credit card account for the appropriate or corresponding amount. HomeopathyOne has a zero-tolerance policy for chargebacks. Any Client who disputes a credit card payment that is found to be valid is subject to a fine, suspension and account termination subject to HomeopathyOne’s discretion. A minimum charge of Rs. 2000 per chargeback will be assessed for all accounts that receive a chargeback. Any chargeback fees, past due fees and costs will be sent to collections. If our collection efforts fail, unpaid debts will be reported to all available credit reporting agencies. Booking and cancelling an appointment within 24 hours at any particular point of time will not allow a refund of the Consultation fee.
NO DOCTOR PATIENT RELATIONSHIP, NOT FOR EMERGENCY USE
- Some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, “Information”) that may be available on the Website (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 licensed medical professional/patient relationship, between HomeopathyOne and you and does not constitute an opinion, medical advice, or diagnosis or treatment of any particular condition, but is only provided to assist you with locating appropriate medical care from a qualified practitioner.
- It is hereby expressly clarified that, the Information that you obtain or receive from HomeopathyOne, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Website is for informational purposes only. In no event shall HomeopathyOne be liable to you or anyone else for any decision made or action taken by you in reliance on such information.
- The Services are not intended to be a substitute for getting in touch with emergency healthcare. If you are a User facing a medical emergency (either on your or another person’s behalf), please contact an ambulance service, hospital, doctor or appropriate medical professional directly.
- If you think you may have a medical emergency, call your doctor or emergency services immediately. HomeopathyOne does not recommend or endorse any specific tests, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by any professional through the Site, HomeopathyOne employees, others appearing on the Site at the invitation of HomeopathyOne, or other visitors to the Site is solely at the users own risk.
CONTENT OWNERSHIP AND COPYRIGHT CONDITIONS OF ACCESS
- The contents listed on the Website are
- User generated content, or
- Belong to HomeopathyOne and its Partners.
- The information that is collected by HomeopathyOne directly or indirectly from the Users shall belong to HomeopathyOne and its Partners. Copying of the copyrighted content published by HomeopathyOne or its Partners on the Website for any commercial purpose or for the purpose of earning profit will be a violation of copyright and HomeopathyOne and its Partners reserve their rights to take action under applicable law accordingly.
- HomeopathyOne authorizes the User to view and access the content available on or from the Website 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, “HomeopathyOne Content”), are the property of HomeopathyOne or its Partners and are protected under copyright, trademark and other applicable laws. User shall not modify the HomeopathyOne Content or reproduce, display, publicly perform, distribute, or otherwise use the HomeopathyOne Content in any way for any public or commercial purpose or for personal gain.
- Users shall not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
- I understand/ agree that HomeopathyOne makes no claim that the contents of the Site, such as text, graphics, images and information obtained from service providers and any other material contained on the Site (the “Content”) is appropriate or may be downloaded in a particular jurisdiction. Access to the Site and Content may not be legal by certain persons or in certain states or countries. If you access the Site from outside India, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. Provisions relating to the liability of HomeopathyOne and its licensors, user submissions, Indemnity, Jurisdiction, and Complete Agreement, survive the expiration or termination of these Terms and Use for any reason whatsoever.
- The user agrees and affirms that the Content (excluding all correspondence between the user and professional through the messaging system, including any and all attachments) (“Copyright Content”) is protected by copyright under Central and State laws of the republic of India, and foreign laws as applicable. Title to the Copyright Content remains with HomeopathyOne or its licensors. Any use of the Copyright Content not expressly permitted by these Terms and Conditions is a breach of the Terms and Conditions and may violate copyright, trademark, and other laws. Inquiries or applications for permission to copy any Copyright Content otherwise than is permitted by these Terms and Conditions should be directed to email@example.comContent and features on the Site, including these Terms and Conditions are subject to change or termination without notice in the editorial discretion of HomeopathyOne . All rights not expressly granted herein are reserved to HomeopathyOne and its licensors. If the user violates any of these Terms and Conditions, then the user’s permission to use the Copyright Content automatically terminates and the user must immediately destroy any copies that the user has of any portion of the Copyright Content, lest the user shall be liable for infringement of copyright.
- HomeopathyOne does not endorse any professional and does not intend to be a source of advertising, solicitation or legal advice on the behalf of any professional. To the fullest extent permitted by law, HomeopathyOne is not responsible for the content of linked third-party sites, sites framed within the Site, or third-party advertisements, and does not make any representations regarding their legality, content or accuracy. The user by the user of third-party Websites is at the user’s own risk and subject to the terms and conditions of use for such sites. HomeopathyOne does not endorse any product advertised on the Site.
- The contents listed on the Website are
REVIEWS AND FEEDBACK
- You are solely responsible for the content that you choose to submit for publication on the Website, including any feedback, ratings, or reviews (“Critical Content”). The role of HomeopathyOne in publishing Critical Content is restricted to that of an ‘intermediary’ under the Information Technology Act, 2000. HomeopathyOne 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. HomeopathyOne shall not be liable to pay any consideration to any User for re-publishing any content across any of its or its Partners platforms.
- 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 privacy rights, or (b) violates any applicable law or regulation, including but not limited to the IG Rules and SPI Rules. HomeopathyOne, at its sole discretion, may choose not to publish your reviews and feedback, if so, required by applicable law, and in accordance with Clause 5 of these Terms. You agree that HomeopathyOne may contact you through telephone, email, SMS, or any other electronic means of communication for the purpose of:
- Obtaining feedback in relation to Website, App or HomeopathyOne’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 Critical Content; and
- you agree to provide your fullest co-operation further to such communication by HomeopathyOne.
RIGHTS AND OBLIGATIONS RELATING TO CONTENT
- As mandated by Regulation 3(2) of the IG Rules, HomeopathyOne hereby informs Users that they are not permitted to host, display, upload, modify, publish, transmit, update or share any information that:
- belongs to another person and to which the User does 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, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
- harm minors in any way;
- infringes any patent, trademark, copyright or other proprietary rights;
- violates any law for the time being in force;
- deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- impersonate another person;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
- threatens the unity, integrity, defense, 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.
- Users are also prohibited from:
- violating or attempting to violate the integrity or security of the Website, App or any HomeopathyOne Content;
- transmitting any information (including job posts, messages and hyperlinks) on or through the Website or App that is disruptive or competitive or prejudicial to the provision of Services by HomeopathyOne;
- intentionally submitting any incomplete, false or inaccurate information;
- making any unsolicited communications to other Users;
- using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website;
- attempting to decipher, decompile, disassemble or reverse engineer any part of the Website or App;
- copying or duplicating in any manner any of the HomeopathyOne Content or other information available from the Website or App;
- framing or hot linking or deep linking any HomeopathyOne Content.
- Users are also prohibited from:
- HomeopathyOne 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 signature about any such information (as mentioned above) generated by Users, or on being notified by the appropriate Government or its agency that the Website or App is being used by the User to commit any unlawful act and/or is being used in violation of Clauses 10.a and 10.b above, shall be entitled to remove or disable access to the material or information that is in contravention of Clause 10. HomeopathyOne is entitled to act, as required by the IG Rules, within thirty-six hours of obtaining such knowledge and, where applicable, work with Users to disable such information that is in contravention of applicable law. HomeopathyOne shall also be entitled to preserve such information and associated records for at least 90 (ninety) days for production to governmental authorities for investigation purposes.
- The information on this Website (including but not limited to video consult, live chat, emails, phone support) is provided for general informational purposes only and SHOULD NOT be relied upon as a substitute for sound professional medical advice, evaluation or care from your physician or other qualified healthcare provider. Nothing on this Website should be used for treating or diagnosing a medical or health condition or for replacing any relationship with your physician or other qualified healthcare provider. The health information furnished on this Website and the interactive responses (if any) furnished by or through, this Website are not intended to or implied to be professional medical advice. I shall consult other sources and confirm the information contained within this Website. This shall include consulting my own physician regarding the applicability of any opinions or recommendations with respect to your symptoms or medical condition. For medical concerns, including decisions about medications and other treatments, I shall always consult my physician or other qualified healthcare professional. In serious cases, I shall seek immediate assistance from emergency personnel. If I suspect that I have a medical problem or condition, I shall contact a physician or other qualified healthcare provider immediately. I SHALL NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING I HAVE READ ON THIS Website (including but not limited to video consult, live chat, emails, phone support). No medications, diet supplements or treatments as may be described on this Website shall be taken or begun without first consulting my physician or other healthcare provider.
- It is my choice to decide to take Online homoeopathic treatment, guidance, advice, suggestion.
- The user agrees that the user shall use the Site on his/ her own free will and shall not be guided in any manner including by way of any promotional emails, phone calls and advertisements from HomeopathyOne and its affiliates and partners. The use of the Site and the Content is therefore entirely at the users own risk. When using the Site, information will be transmitted over a medium which, in many cases, is beyond the control and jurisdiction of HomeopathyOne and its suppliers. Accordingly, HomeopathyOne assumes no responsibility or liability whatsoever for or relating to the delay or failure of delivery of data, interruption or corruption of any data or other information transmitted in connection with use of the Site. The Site and the Content are provided on an “as is” basis. HomeopathyOne , its licensors, and its suppliers, to the fullest extent permitted by law, disclaim all warranties, either express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties’ rights, and fitness for particular purpose. Specifically, HomeopathyOne, its licensors, and its suppliers make no representations, warranties or guarantees about the following:
- The accuracy, reliability, completeness, correctness, authenticity or timeliness of the Content, software, text, graphics, links, or communications provided to the user on or through the use of the Site.
- Compliance by HomeopathyOne, with government laws, rules, regulations and notifications in force in any country, or the laws of any jurisdiction with regard to the ability to use the Site or requiring disclosure of information contained on the Site.
INTELLECTUAL PROPERTY RIGHTS
- The contents of the Website and App are protected by intellectual property laws of India including without limitation to trademark and copyright laws. Reproduction, retransmission, public and/or commercial use of any or all the material on the Website and App are prohibited. The logos, service marks and trademarks (“IP Marks“) displayed on the Website or App are the property of HomeopathyOne or its Partners or have been licensed to HomeopathyOne or its Partners by the relevant owners for use. The User may use this material only as expressly authorized by HomeopathyOne or its Partners and shall not copy, transmit or create derivative works of such material without express authorization from HomeopathyOne or its Partners.
- 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 other proprietary content distributed on or through the Website or App with the consent of the owner 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 from HomeopathyOne.
- HomeopathyOne 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 law where:
- Such User breaches any terms and conditions of the Agreement;
- A third-party reports violation of any of its rights as a result of your use of the Services;
- HomeopathyOne is unable to verify or authenticate any information provided to HomeopathyOne by a User;
- HomeopathyOne has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User; or
- HomeopathyOne believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for HomeopathyOne or its Partners or are contrary to the interests of the Website.
- Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Website under the same account, a different account or re-register under 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 by such 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.
DISCLAIMER OF WARRANTIES
- All information available on the Website or App, (the “Information”) is provided on the condition 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. HomeopathyOne and its Partners will not be responsible for the same. Further HomeopathyOne and its Partners will not be responsible or liable in any manner for any data added, provided, stored or managed by the User including all personally identifiable information
- The Information does not constitute an invitation or recommendation to take medical services from HomeopathyOne or its Partners nor is such Information a substitute for professional advice or solicitation in respect of medical services/ products or recommendation thereof. HomeopathyOne urges the Users to seek the advice of professionals, as appropriate, regarding the evaluation of any specific opinion, advice, product, service, or other Information.
- All information on the Website is provided to you “as is” without warranty of any kind either express 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 HomeopathyOne or its Partners be liable for any special, direct, indirect or consequential damages or any damages whatsoever resulting from loss, whether in an action of contract, negligence or other tortuous action, arising out of or in connection with the use or performance of information. All information available on a hyper-link site and any third party is subject to the terms and conditions of the legal notices contained therein.
- Disclaimer of Liability of the Medical Center, if any, for damages (including without limitation liability arising out of tort, strict liability, negligence, contract or patent or copyright infringement) shall not exceed the lesser of
LIMITATION OF LIABILITY
- The information available on the Website or App could include inaccuracies or typographic errors. HomeopathyOne has endeavored to ensure that all the information on the Website is correct, but HomeopathyOne neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data or information contained. HomeopathyOne makes no warranty, express or implied, concerning the Website or App and/or its contents 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 the Website.
- In no event shall HomeopathyOne or its Partners be liable for any direct, 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 matter relating to the services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website. Neither shall the 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, HomeopathyOne 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 HomeopathyOne 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 responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data. These limitations, disclaimer of warranties and exclusions apply without regard to whether the damages arise from (a) breach of contract, (b) breach of warranty, (c) negligence, or (d) any other cause of action, to the extent such exclusion and limitations are not prohibited by applicable law.
- The user agrees that, to the fullest extent permitted by law, neither HomeopathyOne , its licensors, its suppliers, nor any third parties mentioned on the Site shall, in any event whatsoever, be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption, including any computer virus) resulting from the use or inability to use, by the user, of the Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not HomeopathyOne is advised of the possibility of such damages.
- To the extent permitted by law, all legal claims, if any, arising in connection with the use by the user of the Site and any of its Content, shall be brought within one (1) year of the date of occurrence of the event giving rise to such action.
- User agrees to indemnify and hold harmless HomeopathyOne, its affiliates, officers, directors, employees, consultants, licensors, agents, representatives and Partners from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from User’s access to or use of Service, violation of this Agreement, or infringement, or infringement by any other User of his/her/its account, of any intellectual property or other right of any person or entity. HomeopathyOne 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.
- In no event shall HomeopathyOne be liable for any damages other than the amount referred to above. All other damages, direct or indirect, special, incidental, consequential or punitive are hereby waived by the user to the fullest extent permitted by law, even if HomeopathyOne.com has been advised of the possibility of such damage. The HomeopathyOne expressly disclaims and DOES NOT WARRANT that the functioning of this Website will be uninterrupted or error free or that they are correct; that any errors will be corrected; that any information on this Website is complete, accurate (although the Medical Centre strives for accuracy), or timely (or will be updated); and that this Website, or the server that makes it available, is or will be free of viruses or other harmful components. The user is solely responsible for any damage to your computer system or loss of data that results from downloading any material from this Website.
- The ser expressly acknowledge and agree that HomeopathyOne , its licensors, suppliers and business partners are not responsible in any way and in any manner whatsoever for the results of users decisions resulting from the use of this Website or the information contained herein, including but not limited to, the user’s choosing to seek or not to seek professional medical care, or choosing or not choosing specific treatment based on the information on or accessed through this Website (Including but not limited to video consult, Live Chat, Email, Phone).
APPLICABLE LAW AND DISPUTE SETTLEMENT
- You agree that this Agreement and any contractual obligation between the Company and User will be governed by the laws of India.
- Subject to the above Paragraph above, the courts at Ahmedabad, Gujarat, India shall have exclusive jurisdiction over any disputes arising out of or in relation to this Agreement, your use of the Website or the Services or the information to which it gives access.
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 firstname.lastname@example.org.
The Grievance Officer,
301, 3rd Floor, Tryksha Desire,
Opp. Shiv Shakti Nagar BRTS Station, Opp. Kirtidham Jain Derasar,
Ahmedabad – Patan Highway, Chandkheda, Ahmedabad,
Gujarat, India – 382424
Phone: +91 730 365 7000
- 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 interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.
- No provision of this Agreement shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by HomeopathyOne. Any consent by HomeopathyOne to, or a waiver by HomeopathyOne 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.
- These Terms and Conditions are governed by the internal substantive Indian laws of the land, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions at any one point of time shall be deemed as a further or continuing waiver of such term or condition or any other term or condition on a subsequent occasion.
- HomeopathyOne 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. HomeopathyOne 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 governmental authority.
- If any dispute, difference, claim or question shall at any time arise between HomeopathyOne and you, in relation to the use of the Website (in any manner whatsoever) such dispute, difference, claim or question shall be referred to arbitration. HomeopathyOne and you shall mutually appoint a sole arbitrator. Such arbitration shall be held in accordance with the provisions of the Arbitration and Conciliation Act, 1996 or any statutory modification or re-enactment thereof. The venue of arbitration shall be Mumbai and the proceedings shall be in the English language.
FAIR USAGE POLICY
- HomeopathyOne reserves the right to suspend a user’s account if we detect unusual operations or malicious intention without any notice. And no explanation is needed by HomeopathyOne to be given to the user.
- HomeopathyOne will not be liable for any damages of any kind arising from the use of this site or video consulting or phone service or email communication, including, but not limited to, direct, indirect, incidental, punitive or consequential damages.
ACCEPTANCE BY USER
- In the event that the User is not 18 years old or is incapable of entering into a contract under the Indian laws or other countries including the country in which the User is resident or from which the User uses the services available on the Website. The User agrees that it is acting on its free will and consents to the contents herein.
- These Terms and Conditions constitute the entire agreement between the parties and supersede all other agreements relating to this subject matter, and set out the complete legal relationship between HomeopathyOne and the user arising from or connected with this subject matter. For the voidance of doubt, in the case of any conflict between these Terms and Conditions, and any other agreement, these Terms and Conditions will prevail over all or any of them.
- I have read, acquainted myself and understood the above-mentioned terms and conditions and that by using the HomeopathyOne site and/or Portal and the Video Consulting, Phone and Email services, I agree to the Terms and Conditions set forth above.