2)Website & Services
The Website is owned and operated by [The Himalayan Eye Institute], a [registered partnership firm].
Through the Website, we provide you with the following services (“Services”):
- booking appointments with relevant medical practitioners associated with the Hospital and registered under the Indian Medical Council Act, 1956, (“Medical Practitioner”);
- virtual consultations with Medical Practitioners using video conferencing (“Telemedicine Services”);
- services available for international patients;
- information about internships and courses;
- information about the Hospital, practice specialties, and Medical Practitioners.
The Website uses “cookies”. Cookies are small data files that a website stores on your web browser. These are used for the purpose of storing your preferences, previous browsing activities, profiling, and tracking your behavior on the website. By visiting the Website you acknowledge, accept, and expressly authorize us for the placement of cookies on your web browser.
When you use the Website, you represent that you meet the following primary eligibility criteria:
You are legally competent to contract and otherwise competent to receive the Services.
You have not been previously suspended or removed by the Service Provider, or disqualified for any other reason, from availing the Services.
4)Use of the Website
As an end-user and recipient of Services, when you use the Website, you agree to the following conditions of use:
You will provide accurate and complete information everywhere on the Website, based on which you will receive the Services.
Prior to providing the Services, we reserve the right to verify, without assuming any obligation or responsibility to do so, all information and documents submitted by you, including your age and identity, and asking for such additional information and documents as we deem necessary in our sole discretion to verify your name, age, address, email address, phone number, medical / case history or any other relevant details, and you hereby acknowledge and agree that you will provide all such additional information and documents required by us promptly by uploading the same on the Website. In case of delay in uploading such additional information and documents required by us, we reserve the right to cancel your appointment, without giving any reasons and without assuming any liability whatsoever.
You may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile, or otherwise exploit the Website or any portion of it unless expressly permitted by the Service Provider in writing.
You will be solely responsible for all access to and use of this Website by anyone using the password and identification originally generated in relation to your use whether or not such access to and use of this Website is actually authorized by you, including without limitation, all communications and transmissions and all obligations (including, without limitation, financial obligations) incurred through such access or use. You are solely responsible for protecting the security and confidentiality of the password and identification generated in relation to your use.
You may not make any commercial use of any of the information provided on the Website.
You may not impersonate any person or entity, or falsely state or otherwise misrepresent your identity, age or affiliation with any person or entity.
You shall not upload to, distribute, or otherwise publish through the Website the following Prohibited Content, which includes any content, information, or other material that:
- belongs to another person and which you do not own the rights to;
- is harmful, harassing, blasphemous defamatory, obscene, pornographic, pedophilic, invasive of another’s privacy
- is hateful, racially or ethnically objectionable, disparaging of any person;
- relates to or seems to encourage money laundering or gambling,
- harms minors in any way;
- infringes any patent, trademark, copyright or other proprietary rights;
- violates any law in India for the time being in force;
- deceives or misleads the addressee about the origin of your message;
- communicates any information which is grossly offensive or menacing in nature;
- impersonates another person;
- contains software viruses and malicious programs;
- threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order;
- incites any offense or prevents investigation of any offense or insults any other nation.
You also understand and acknowledge that if you fail to adhere to the above, we have the right to remove such information and/or immediately terminate your access to the Website and/or the Services.
6)Limitation of Liability
By using our Services, you confirm that you understand and agree to the following:
- Any information on the Website insofar as it related to diseases and medical conditions, is merely reading material and intended for informational and awareness purposes. Under no circumstances should this information be construed or relied upon as medical advice or diagnosis in any manner whatsoever. Users should approach qualified medical practitioners for the same as required.
- We are not liable for any direct, indirect, punitive, incidental, special, or consequential losses or damages, including without limitation, losses, and damages arising in relation to loss of data or profits, arising out of, or in connection with, the use of the Website or availing the Services.
- In no event are we responsible for any third-party misuse of the data and for any acts, deeds, and circumstances beyond our reasonable control, including security and data theft.
- In the event that the Service Provider markets or promotes any Services to you, please note that you will be responsible for undertaking an assessment regarding the suitability of such Services for your purposes. Marketing or promotion of Services should be considered as being for informational purposes only and does not constitute expert advice on the suitability of such services for your specific healthcare needs.
This Clause 6 shall survive the termination of this agreement and the termination of your use of our Services.
You agree and undertake to indemnify and keep us and the concerned Medical Practitioner indemnified against any and all losses, damages, liabilities, costs and expenses, including reasonable attorney fees, that we or the concerned Medical Practitioner may incur or suffer on account of, in relation to, or arising from, (i) your use of the Website and, or, availing or attempting to avail Services from us; (ii) any misrepresentation, inaccuracy in or breach of any of the representations and warranties made by you under this Agreement or any breach by you of any term, covenant, undertaking or obligation contained in this Agreement and, or, breach of applicable laws; (iii) your failure to provide, in a timely manner, true, correct and complete information and documents; (iv) suppression of material facts by you or failure to provide relevant information and documents to us; (v) your failure to follow the directions / advice / prescription of the Medical Practitioner; (vi) incorrect or inaccurate payment details provided by you and, or, use of a bank account, credit / debit card which is not lawfully owned by you; and (vii) permitting a third party to use / access your account.
8)Data &Information Policy
We use secure encryption technology to keep your information safe and secure at all times and we are committed to maintaining the privacy of the information uploaded by you on the Website, which complies with the industry-standard security safeguards for the purpose of securing the Website and the information provided by you.
We use all reasonable endeavors to ensure the integrity and security of the Website and the online payment facility provided on the Website. Despite our endeavors, breaches of security and confidentiality could occur. You acknowledge that we are not liable for any loss suffered by you as a result of any breaches in security or technology breaches.
You acknowledge that we own The Himalayan Eye Institute brand name and the Website, as well as all intellectual property rights contained on the Website, including all trademarks, trade names, tag lines, logos, programs, processes, designs, software, technologies, inventions and materials therein and all the services offered by the Medical Practitioners on the Website.
You are not permitted to use the content available on the Website without our prior written permission.
10) Other conditions
Pricing & Payment
Accuracy of Information Displayed
We have made every effort to display, as accurately as possible, the information on our Website. However, any information insofar as it related to diseases and medical conditions, is merely reading material and intended for informational and awareness purposes. Under no circumstances should this information be construed or relied upon as medical advice or diagnosis in any manner whatsoever. We do not undertake any liability with respect to any information in regard to which you are capable of conducting your own due diligence to ascertain the accuracy and you are responsible for undertaking an assessment regarding the suitability of the information and Services for your purposes.
11) Third-Party Links & Resources
Where the Website contains links to other sites and resources provided by third parties (including where our social media sharing plug-ins include links to third party sites), these links are provided for your information only.
We have no control over the contents of these third-party websites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.
12) Force Majeure
We will not be liable for any non-compliance or delay in compliance with any of the obligations we assume under any Contract when caused by events that are beyond our reasonable control (“Force Majeure”). Force Majeure shall include any act, event, failure to exercise, omission, or accident that is beyond our reasonable control, including, among others, the following:
- Strike, lockout or other forms of protest
- Civil unrest, revolt, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or preparation for war.
- Fire, explosion, storm, flood, earthquake, collapse, epidemic or any other natural disaster.
- Inability to use public or private transportation and telecommunication systems.
- Acts, decrees, legislation, regulations or restrictions of any government or public authority including any judicial determination.
Our obligations deriving from any contracts should be considered suspended during the period in which Force Majeure remains in effect and we will be given an extension of the period in which to fulfill these obligations by an amount of time we shall communicate to you, not being less than the time that the situation of Force Majeure lasted.
Governing Law & jurisdiction
The use of the Website and availing the Services contracts through the Website shall be governed by the laws of India.