1. The Company’s Liability
The Company’s Site facilitates medical treatment for the international/local patients (hereinafter referred to as “the Users”) in Indian Hospitals. Company’s services include Medical Consultation facilities including but not limited to Medical Treatments, Visa Assistance, Airport Pick and Drop facilities, Accommodation, Tour and Travels, Interpreters, Currency Exchange, Alternate Therapies, Wellness Tourism, etc. The Users under this TOU shall mean the patients, family members of the patients, relatives, escorts to the patients, friends or any person making queries/booking on behalf of the patients. The Company provide quotations to the prospective Users on the basis of their queries, which shall only include the costs pertaining to the hospital facilities, i.e. treatment, operation/surgery, consultation, hospital room charges, investigation, nursing, patient diet, ward consumables. However, the quotation shall not include any cost towards the insurance of the patients (travel or medical), hotel accommodation, airfare, visa expenses and cost towards the treatment of any other illness which was not mentioned under the queries.
The Company has no obligation to screen or censor any of the Sites’ content, nor is the Company responsible for the actual dealing/arrangement between the hospitals and the Users. Thus, the Company has no control over the treatments provided by the hospitals to the Users; nor it has any liability towards the medical complications/negligence faced by the Users. It is the concerned hospitals/doctors who shall be solely responsible for the treatment provided to the Users. Any complications or medical requirement of whatsoever nature arises due to the present or past treatment/illness of the Users, shall be the strict and absolute responsibility of the concerned hospitals/doctors. The Company makes no representations about the truthfulness/reputation of any hospitals/ doctors or the user content on the Site and encourages all the Users to conduct their own investigation as to their suitability for treatment and trustworthiness of the hospitals/ doctors. The information provided on this Site is only for reference purposes and the same cannot be treated as the medical consultation/treatment services. Company provides facilitation services to medical tourists/patients/Users seeking customized healthcare services and does not control or operate any hospitals, hotels, service apartments or guest houses. The Company’s Site may contain inaccuracies or typographical errors. The Company makes no representations about the accuracy or completeness of any Site or its content.
Mere usage of this Site does not guarantee the medical treatment or remedies for the Users. The Company is not to be considered as the hospital/treating centers and shall not be responsible for any medical treatment/complications arises to the Users, for whatever reason, made by any third party entity, including but not limited to the hospitals/doctors. The Company cannot guarantee the treatment that any Users wishes/expect from any hospitals/doctors. No advice or information obtained by any User from the Site shall create any warranty whatsoever. It may further be noted that all baggage’s & personal property/s of the Users, shall at all times remain at the risk of the Users. However, in case of any change in the rates quoted by the hotels/guest houses or change in the ticket rates of the airlines companies, the Company shall have the right to change the rates quoted by it to the extent of the change in the rates of the hotels or flights, as the case may be, without any prior notice.
Please note that there are risks involved, including but not limited to the risk of physical harm in dealing with hospitals/doctors. You agree to assume all responsibility in connection with choosing any hospitals/doctor for the desired treatment. Company assume no responsibility or liability for any treatment or other services rendered by any such hospitals/doctors, or for any malpractice claims and other claims that may arise directly or indirectly from any such advice, treatment or other services. When you use our Site, Company assumes all risks associated with dealing with other users with whom you come in contact through Company’s Sites. By its very nature, other people’s information may be offensive, harmful, inaccurate, or untrue. Please be careful when using Company’s site.
User authentication on the Internet is impossible and therefore the Company does not warrant that each user is who they claim to be. Since the Company is not, and cannot be involved in user-to-user dealings or control the behavior of the participants on any Site, in the event that you have any dispute with one or more users, then you release the Company (and their agents and employees) from claims and damages (whether actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
You acknowledge and agree that you are solely responsible for the form, content and accuracy of any material placed by you, or your Mentor, on the Sites, and that you are 18 years of age or above. You also represent and warrant to the Company that you will use the Sites in a manner consistent with any and all applicable laws and regulations. The Company in no way either represents or guarantees the accuracy, reliability or the truthfulness of any User content.
2. Permitted Uses of Our Sites
You have the following rights to the Site(s): to put queries with regards the services available on the site, to make bookings for the services and to make searches with regards the services. All content is the property of the Company, and all content is protected by applicable trademark laws. You are not allowed to sell or modify the Sites’ content for any public or commercial use. In case of any violation, Company shall have the right to take any action permitted under law. The use of the Sites’ content on any other web site or in a networked computer environment for any purpose is also expressly prohibited.
3. Prohibited Uses of Our Site
Users may not use any Sites in order to transmit, or store material (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, (c) that is defamatory, obscene, threatening, abusive or hateful, or (d) in a manner which jeopardizes India’s national security, contributes to social unrest, or sectarian violence.
All Users agree not to engage in any activity which seeks to take advantage of or exploit other users of the Sites, or of the Sites themselves. This prohibited behavior includes, but is not limited to, the following: (a) offering business or sales opportunities; (b) offering jobs from competitors of the Company, (c) posting any inaccurate or misleading content on the Sites; (d) sending any unsolicited offer to Site users; (e) deleting any content or posting of other users; (f) engaging in any behavior which has the effect of degrading the performance of the Sites; (g) reverse engineering any portion of the Sites; (h) using or inserting a personal or corporate URL, web link, or email address, into any portion of the Sites (except where specifically requested by the Sites) and (i) duplicating, posting, or linking any Site content to other sites not belonging to the Company. Users should not use the Site(s) to transfer any money in violation of any applicable law or regulation.
4. Prohibited Content on Our Sites
Any content which is offensive, dangerous, invades the privacy of others or is unlawful is prohibited from the Sites: This includes, but is not limited to, the following: (a) pornography,; (b) solicitation of illegal activities; (c) racial, religious, or ethnic slurs (d) incitement to violence against any individual for whatever reason; (e) the sending of junk mail or spam; (f) violating or advocating the violation of copyrighted works; (g) releasing private information of another user without their consent; and (g) providing information or instruction about illegal activities.
5. Collection and use of information by Company
In some areas while making your queries, registration & bookings, Company may request that you provide personal information, including your name, address, e-mail address, telephone number, credit card number, contact information, billing information and any other information from which your identity is discernible. In other areas, Company collects or may collect demographic information that is not unique to you such as your code, age, preferences, gender and interests. Sometimes Company collect or may collect a combination of the two types of information.
Company also gather or may gather certain information about your use of Site, such as what areas you visit and what services you access. Moreover, there is information about your computer hardware and software that is or may be collected by Company. This information can include without limitation your IP address, browser type, domain names, access times and referring Web site addresses, but is not linked to your personal information.
Company may sometimes afford you the opportunity to provide descriptive, cultural, preferential and/or life style information about yourself, but it is solely up to you whether you furnish such information. If you do provide such information, you are thereby consenting to the use of that information in accordance with the policies and practices described in this Privacy Statement. For example, such information may be used for the purpose of determining your potential interest in receiving e-mail or other communications about particular products or services.
The Company has areas on this Site where you can submit feedback. Any feedback you submit in these areas becomes our property and Company can use such feedback (such as success stories) for marketing purposes or to contact you for further information.
6. Choices regarding the disclosure of personal information to others.
Company discloses information to third parties if you consent to such disclosure. Company may use data about you (such as the interests and preferences you have expressed) to determine whether you might be interested in the opportunities, products or services of a particular third-party.
Company may disclose information if legally required to do so, if requested to do so by a governmental entity or if Company believes in good faith that such action is necessary to: (a) conform to legal requirements or comply with legal process; (b) protect our rights or property; (c) prevent a crime or protect national security; or (d) protect the personal safety of users or the public.
Company discloses and transfer information to a third party who acquires all or a substantial portion of Company’s business, whether such acquisition is by way of merger, consolidation or purchase of all or a substantial portion of Company’s assets. In addition, in the event Company become the subject of a bankruptcy proceeding, whether voluntary or involuntary, Company or their trustee in bankruptcy may sell, license or otherwise dispose of such information in a transaction approved by the bankruptcy court. You will be notified of sale of all or a substantial portion of Company’s business to a third party through a prominent notice posted on the website.
8. Limitation of Liability
In no event shall the Company, its affiliates or or any of our or their directors, officers, members, employees, agents, representatives, servants, attorneys, predecessors, successors or assigns or any third parties mentioned on any of the company’s site be liable for any damages whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use any of the Company’s sites and content, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages.
The Company shall not be responsible for any delays & defaults in the program or expenses incurred directly or indirectly due to any natural hazards including but not limited to force majeure conditions, flight cancellations, accident, breakdown of machinery or equipments, lock-outs or any other similar conditions. Further, the Company cannot be held responsible for any loss, injury or damage to the person, property, or otherwise in connection with any accommodation, transportation or other services, resulting directly or indirectly from any act of GOD including but not limited to fire, accidents, breakdown in machinery or equipment, civil wars, crimes, strikes, riots, thefts, pilferage's, epidemics or any other force majeure conditions causes beyond the control of the Company.
The TOU constitute the entire agreement between Users and the Company and govern their use of the Services. The TOU and the relationship between Users and the Company shall be governed by the laws of the country of India without regard to its conflict of law provisions and courts at Delhi alone shall have the exclusive jurisdiction to try and entertain any dispute arising out between the Users and the Company. The failure of the Company to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect.
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