thevaidyar.com - Terms & Conditions - Feb-2023
These Terms and Conditions (“Terms”) are with reference to your access to and use of the Website, http://www.thevaidyar.com/ (“Website”) and "thevaidyar" mobile application (“App”) (Website and App together referred to as the "Platform"). The Platform is owned and operated by Elcanos Tech Private Limited (“Company”), having its registered office at VIII/366A, Pullut P O, Kodungallur, Thrissur, Kerala, India - 680663.
The term ‘you’ refers to the user or viewer of our Platform. Through the Platform, the Company shall provide the following services across India: (i) list the profile of health care practitioners (“HCP”) on the Platform based on the specialties/ therapeutic areas of HCPs; (ii) From the results displayed, allow the User to book an appointment on the Platform for consultation with the HCP as per the available time slots; (iii) Pursuant to booking, a communication will be sent to the User, informing the booking details with token number; (iv) Tentative appointment time will be informed to the User at a later point of time; and (v) Online payment will be facilitated to the Users availing the services of HCP (cumulatively, the “Services”).
ACCESSING, BROWSING OR OTHERWISE USING THE PLATFORM INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THESE TERMS, AS MODIFIED FROM TIME TO TIME. THEREFORE, PLEASE READ THESE TERMS CAREFULLY BEFORE PROCEEDING.
- You will be eligible to subscribe to the Services on the Platform only if you are competent to contract under applicable law. You must be above eighteen (18) years of age or above the age of majority as per the law applicable to you and not disqualified from contracting by any law to which you are subject.
- While you may visit the Platform without registration or subscription, some Services on the Platform may be accessible by registration and/or subscription only. You may avail such Services on the Platform only after registering with the Platform.
- The information sought at the time of registration may include your username, email address, password, date of birth and mobile number. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or mobile phone and agree to accept responsibility for all activities that occur under your account or password. All actions performed by any person using your account and password shall be deemed to have been committed by you and you shall be liable for the same. The Company reserves the right to terminate the registration or cancel your access to the Services at any time, if it is found that you have been sharing the password with any unauthorised user.
- You understand that the Platform is merely an intermediary that patients and HCP utilize to meet and interact with one another for health care related requirements. Platform act as aggregators who display to you, the content provided on the Website, by the HCP, including without limitation content relating to area of HCP’s specialization, expertise, experience, availability, fee and geographic location.
- You acknowledge and agree that Services that the Platform is facilitating shall not constitute medical care, diagnosis and/or treatment and no healthcare provider-patient relationship will be established between Platform and you.
- You understand that the Platform shall be under no obligation to arrange for fresh appointment, in the event, any scheduled appointment is subsequently cancelled by HCP or the HCP is not available for providing the Services on the scheduled date and time of appointment.
- You acknowledge and agree that the concerned HCP from whom the services in relation to consultation via video call or otherwise (“HCP Services”) are booked/ordered/availed shall solely be liable and responsible for any act or omission or commission on part of the HCP, including but not limited to (i) the treatment, prescription, medication or (ii) for medical negligence arising out of such HCP Services.
- In the event, you choose any wrong specialty or therapeutic area for consultation, you give wrong or unauthorized information, Company shall not be responsible or liable for any consequences arising there from. In the event there are disruptions, blurring, call break down or any other connectivity issues, during the consultation resulting in non-completion of the HCP Services, Company although under no obligation, shall make reasonable efforts to arrange for a fresh consultation appointment for you.
- You acknowledge that Platform shall not be liable in any way for any claims with respect to HCP Services and confirm that you shall not make any claim on the Platform.
- Online Payment
- In order to facilitate payments of convenience fee and / or consultation fee by Users through the Platform, Company, offers an online payment gateway facility that will enable the User to make payments in respect thereof to HCP using a credit/debit card or net banking account, subject to the User’s complete acceptance and adherence to the Terms hereof as well as the terms and conditions of the payment gateway service providers.
- In a credit card transaction, you must use your own credit/debit card. You undertake to ensure that the credit/debit card details provided by you for making payments for appointments/consultation fixed through the Platform, through the on-line payment gateway mechanism will be correct, current and complete and you shall not use any other credit card/debit card or any bank account. The aforesaid information provided by you will not be shared by Company with any third party unless required by law, regulation or court order or for facilitating and completing the purchases made by the User. Company shall not be responsible for any loss or damage of any kind, resulting from misuse by any third party of your user ID/password/credit card/debit card, bank account and/or account details in any way.
- You confirm that the you are the authorized holder of the credit/debit card or the account holder/authorized signatory of the bank account used for any transactions through the Platform.
- Additional Payment policy information can be found at Refund and Cancellation
You agree and understand that the content presented to you as part of the Platform or the Services, including but not limited to advertisements and promotional material of Company or other companies, is protected by intellectual property rights which are owned by the Company, sponsors or advertisers who provide that content to the Company (or by other persons or companies on its behalf). You may not modify, rent, lease, loan, sell, distribute, copy or create derivative work based on this content (either in whole or in part) unless you have been specifically told that you are expressly permitted do so by the Company or by the owners of that content, in a separate written agreement.
- Intellectual Property rights
- You acknowledge and agree that the Company (and/or the licensors of the Company) own all legal right, title and interest in and to the Platform/Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist) and that you are not the owner thereof. You further acknowledge and agree that the Services may contain information which is designated confidential by the Company and that you shall not disclose such information without the Company’s prior written consent.
- You are not entitled to commercially exploit, either directly or by sale, or transfer commercially, the Services.
- Unless the Company has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Services or otherwise transfer any part of your rights to use the service.
- The term will continue to apply until terminated by either you or the Company as set out below.
- The Company may at any time, terminate the legal agreement hereunder with you or revoke your access and license to use the Services if:
- you have breached any provision of these Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms);
- during the consultation with the HCP, you disregard decency, commit any act or does anything that is an offense or involves moral turpitude under national, state and local laws;
- the provision of the Services to you is, or becomes, unlawful under applicable law; or
- the Platform is used for illegal, unlawful, or immoral purposes by you.
- Upon termination,
- all of the legal rights, obligations and liabilities that you and the Company are subject to in relation to the obligation to maintain confidentiality or such other legal rights, obligations and liabilities which are expressed to continue indefinitely, shall be unaffected by this cessation; and
- the Company shall not be liable to refund any amount transferred by you prior to the termination, in relation to the Services and HCP Services.
- Exclusion of warranties
- You expressly understand and agree that your use of the Platform is at your sole risk and that the Platform and the Services are provided as is and as available. The Company, its licensors, partners, consultants, suppliers, employees and agents make no representations or warranties with respect to the accuracy, reliability, usefulness, completeness or timeliness of the Services made available to you or communications provided to you as a result of your use of the Services. To the maximum extent permitted by applicable law, the Company, its licensors, partners, consultants, suppliers, employees and agents, expressly disclaim all warranties, whether express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non- infringement and fitness for a particular purpose.
- To the extent permitted by law, the Company make no representations or warranties as to the quality, suitability or merchantability of the Services and shall not be liable in respect of the same. In particular, the Company does not represent or warrant to you that:
- Your use of the Services will meet your requirements,
- Your use of the Services will be uninterrupted, timely, secure, or free from error, including specifically from server downtime, or
- Any information obtained by you as a result of your use of the Services will be accurate or reliable.
- The Company does not warrant that the Platform, information, content, materials, or Services included on or otherwise made available to you through the Platform, the servers hosting the Platform are free of viruses or other harmful components. Any material downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk and the Company will not be responsible for any damage to your computer system or other device or loss of data that results from the download of any such material.
- Company makes no representations or warranties about the validity, quality, reliability, stability and completeness of the HCP Services. HCP Services are solely that of the HCPs and not endorsed in any manner by the Company. Company shall not be responsible for or be liable in any manner whatsoever for the HCP Services.
- No advice or information, whether oral or written, obtained by you from the Company or through or from the Platform shall create any warranty not expressly stated in these Terms.
- The Company in no way takes responsibility or liability in respect of any loss or damage arising directly or indirectly to you, out of the booking/appointment requests and/or cash/digital transactions made by you with respect to your booking.
- Limitation of Liability
- You expressly understand and agree that the Company, its licensors, partners, consultants, suppliers, employees and agents shall not be liable to you for:
- Any direct, indirect, incidental, special, consequential, or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), costs of delay, any failure of delivery, business interruption, any loss of goodwill or business reputation, any loss or damage of data or documentation suffered, cost of procurement of substitute goods, other intangible loss, or liabilities to third parties arising from any source, whether based on warranty, contract, tort or any other legal theory, and whether or not the Company has been advised of the possibility of such damages;
- Any loss or damage which may be incurred by you, including but not limited to loss or damage as a result of:
- Any changes which the Company may make to the Services, or for any permanent or temporary cessation in the provision of the Services;
- he deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of the Services; or
- Your failure to keep your registration details including password or other account details secure and confidential.
- This limitation upon damages and claims is intended to apply without regard to whether other provisions of these Terms have been breached or have proven ineffective. By entering into these Terms, you hereby waive and release the Company from any injury, including any bodily injury that may be caused by your use of the Services, including any claims for intentional misconduct, negligence or gross negligence. You hereby acknowledge your full understanding and willingness to accept any risks associated with your use of the Services and waive the Company from liability in relation thereto.
- You represent, warrant and covenant (a) that you will fulfil your obligations under these Terms in good faith; (b) you hereby indemnify, defend and hold harmless Company and its officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all liability and costs, Parties in connection with any claim arising out of any breach by you of these Terms or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any such claim. The Company reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you.
- Applicable Law
- These Terms, and your relationship with the Company under these Terms shall be governed by the laws of the Republic of India and the courts of Kerala, India shall retain exclusive jurisdiction to entertain any proceedings in relation to any disputes arising out of the same.
- You agree that if the Company does not exercise or enforce any legal right or remedy which is contained in these Terms (or which the Company have the benefit of under any applicable law), this will not be taken to be a formal waiver of the Company’s rights and that those rights or remedies will still be available to the Company.
- If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these terms is invalid, then that provision will be removed from the terms without affecting the rest of the terms. The remaining provisions of the terms will continue to be valid and enforceable.
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TheVaidyar Admin Team