Welcome To Healthray HMS’s Terms Of Use​

DEFINITION

1. For the purpose of these Terms of Use (“Terms”), wherever the context so requires,
   1. “We”, “Our”, and “Us” shall mean and refer to the Platform and/or the Firm, as the context so requires.
   2. “You”, “Your”, “Yourself’, “User”, shall mean and refer to natural and legal individuals who shall be Users of this Platform and who is competent to enter into binding contracts, as per Indian laws.
   3. “Third Parties” refer to any Application, Firm or individual apart from the Users and the creator of this platform.
   4. “Platform” refers to the Website and the mobile Application created and operated by the Firm.
   5. The headings of each section in these Terms are only for the purpose of organizing the various provisions under these Terms in an orderly manner and shall not be used by either Party to interpret the provisions contained herein in any manner. Further, it is specifically agreed to by the Parties that the headings shall have no legal or contractual value.
   6. The use of this Platform by the Users is solely governed by these Terms as well as the Privacy Policy and other policies as listed on the Platform, and any modifications or amendments made thereto by the Firm, from time to time, at its sole discretion. If the User continues to access and use this Platform, User is agreeing to comply with and be bound by the following Terms and Conditions of Use and the Privacy Policy. The User expressly agrees and acknowledges that these Terms and Policy are co-terminus in nature and that expiry/termination of either one will lead to the termination of the other.
   7. The User unequivocally agrees that these Terms and the aforementioned Policy constitute a legally binding agreement between the User and the Firm, and that the User shall be subject to the rules, guidelines, policies, terms, and conditions applicable to any service of the platform and that is provided by the Platform or the Vendors, and that the same shall be deemed to be incorporated into these Terms, and shall be treated as part and parcel of the same. The User acknowledges and agrees that no signature or express act is required to make these Terms and the Policy binding on the User and that the User’s act of visiting any part of the Platform constitutes the User’s full and final acceptance of these Terms and the aforementioned Policy.
2. The Firm reserves the sole and exclusive right to amend or modify these Terms without any prior permission or intimation to the User, and the User expressly agrees that any such amendments or modifications shall come into effect immediately. The User must periodically check the terms and stay updated on its requirements. If the User continues to use the Platform following such a change, the User will be deemed to have consented to any amendments/modifications made to the Terms. In so far as the User complies with these Terms, it is granted a personal, non-exclusive, non-transferable, revocable, limited privilege to access and use the Platform and the Services of the platform. If the User does not adhere to the changes, User must stop using the Services of the platform at once. User’s continued use of the Services of the platform will signify your acceptance of the changed terms.

GENERAL TERMS

1. The headings of each section in these Terms are only for the purpose of organizing the various provisions under these Terms in an orderly manner and shall not be used by either Party to interpret the provisions contained herein in any manner. Further, it is specifically agreed to by the Parties that the headings shall have no legal but a contractual value.
2. The use of this Platform by the Users is solely governed by these Terms as well as the Privacy Policy, and any modifications or amendments made thereto by the Platform, from time to time, at its sole discretion. If you continue to access and use this Platform, you are agreeing to comply with and be bound by the following Terms and the Privacy Policy. The User expressly agrees and acknowledges that these Terms and Policy are co-terminus in nature and that expiry/termination of either one will lead to the termination of the other.
3. The User unequivocally agrees that these Terms and the aforementioned Policy constitute a legally binding agreement between the User and the Platform, and that the User shall be subject to the rules, guidelines, policies, terms, and conditions applicable to use of the platform that is provided by the Platform, and that the same shall be deemed to be incorporated into these Terms, and shall be treated as part and parcel of the same. The User acknowledges and agrees that no signature or express act is required to make these Terms and the Policy binding on the User and that the User’s act of visiting any part of the Platform constitutes the User’s full and final acceptance of these Terms and the aforementioned Policy.
4. The Platform reserves the sole and exclusive right to amend or modify these Terms without any prior permission or intimation to the User, and the User expressly agrees that any such amendments or modifications shall come into effect immediately. If the User does not adhere to the changes, they must stop using the Platform at once. Their continuous use of the Platform will signify your acceptance of the changed terms.

ABOUT US​

1. The Platform is a cloud-based lightweight Medical Practice Management app for Clinics and Practitioners/Doctors. The platform offers its services to thousands of doctors, helping them with crucial things like managing practice, boosting their incomes, enhancing their credibility, and connecting with patients across the world. Build a strong online presence with the main platform and start reaching out to the patients they cannot reach physically.
2. The platform is the new dawn in healthcare and is an extremely powerful app for doctors that uses the convenience of technology (practice management software and more) to make healthcare simpler for doctors and patients alike. Every task that was once manual and repetitive gets automated to help the doctors and healthcare professionals focus better on their patients. The platform is the perfect software for General Physicians, Dentists, Pediatrician, General Practitioners, Nephrologist, Diabetologist, Urologist specialty.
3. Using the Platform, Doctor scan give a boost to their practice by giving instant consultations through chat and efficient delivery of medical care online. Doctors create a strong online presence, grow their practice beyond borders, and increase their earnings by better utilizing their time.
4. Using the Platform’s practice management tab, Doctors can manage all the patient records such as personal information, medical reports, medication, visit history, clinical notes, patient history, and other notes. Appointments for patients can be easily handled using the Platform.

   Features :

   1. Patient Engagement features include but are not limited to Video Consultations, Remote Patient Monitoring, Text-based consultations
   2. Patient Health Record can be stored and viewed by the Doctors for reference and such other performance of services
   3. Practice Management mainly involves scheduling and management of appointments for both walk-ins as well as online consultation, Electronic Medical Record, Appointment Scheduling and SMS/email reminders, E-Prescription, Seamless Experience, Multi-Language Prescriptions.

   Here is how a User can use Platform app in everyday practice :

   1. View and manage patient appointment schedule.
   2. Single dashboard to manage practice across clinics.
   3. Know daily appointments for coming weeks in advance and plan activities better.
   4. Unleash the potential of Virtual Practice and choose suitable timings and availability to earn extra income.
   5. Book new patient appointments or reschedule existing ones.
   6. Send appointment confirmation and reminders to patients through SMS and Email.
   7. View and manage patient health information. Easily search and view patient history and previous treatments. Call and message patients from within the app.
   8. Add Patients to Clinic Practice Management Software and switch to smart patient care with no hassle.
   9. Add files to existing patient records (EMR – Electronic Medical Record) using the phone’s camera – digitize patient health records and diagnostic reports.
   10. Access practice offline when the phone is not connected to the Internet.
   11. Easily synchronize practice data between cloud storage and mobile.
   12. Create appointments and automatically send reminders to patients for upcoming visits, health checkups, etc.
   13. Manage multiple practices on-the-go.
   14. Manage multiple clinics or hospital visits with a single platform and enhance efficiency.
   15. Invite nurses, assistants, or other doctors as a member to work on clinical data (members have limited admin access).
   16. Healthray Profile: One profile that controls everything.
   17. Edit and control all information related to practice and connect with the patients who can be treated, with the help of an in-built editor – update working hours, fees, treatments offered, etc. on-the-go.
   18. Build credibility online through the patient feedback.

Above all, User can save all their clinical data in a secure encrypted cloud.

PLATFORM OPERATIONS

The Platform is a one-stop solution for all healthcare needs of any patient. With seamlessly integrated platforms, performing the following operations :

• Health Consultation / Video Call / Chat Appointment
• Healthray Search / Find Doctors
• Consult Doctor / Book Appointment
• Order Medicines
• Doctor consultation
• Clinics & Hospital search
• Healthray Ray / Complete Practice Management
• Healthray Consult / Manage Appointments
• Healthray Profile / Build Doctor Profile

REGISTRATION

The User/doctors registration is mandatory for the accessibility of the platform. Linking of Gmail and Facebook accounts are not mandatory. All registrations on the platform are free of cost and no User shall be charged for any such registration on the platform

ELIGIBILITY

1. The Users jointly represents and warrants that they are competent and eligible to enter into legally binding agreements and of 18 years of age and that they have the requisite authority to bind themselves to these Terms following the Law.
2. The Users further represents that they will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations.
3. The Users may not use the Platform if they are not competent to contract or are disqualified from doing so by any other applicable law, rule or regulation currently in force.

CONTENT

1. All text, graphics, User interfaces, visual interfaces, photographs, trademarks, logos, brand names, descriptions, sounds, music and artwork (collectively, ‘Content‘), is generated/provided or based on information provided by financial institutions or third parties and the Platform has no control and make no guarantees regarding, the accuracy, integrity or genuineness f such statements or such other information provided by the third parties on the Platform.
2. All the Content displayed on the Platform is subject to copyright and shall not be reused by any party (or a third party) without the prior written consent of the Platform and the copyright owner.
3. The Users are solely responsible for the integrity, authenticity, quality and genuineness of the content provided on the Platforms and whilst feedback and comments by Users can be made via the Platform, the Platform bears no liability whatsoever for any feedback or comments made by the Users or made in respect of any of the content on the Platform. Further, the Platform reserves its right to suspend the account of any User for an indefinite period to be decided at the discretion of the Platform or to terminate the account of any User who is found to have created or shared or submitted any Content or part thereof that is found to be untrue/inaccurate/misleading or offensive/vulgar. The User shall be solely responsible for making good any financial or legal losses incurred through the creation/sharing/submission of Content or part thereof that is deemed to be untrue/inaccurate/misleading.
4. The Users have a personal, non-exclusive, non-transferable, revocable, limited privilege to access the Content on the Platform. Users shall not copy, adapt, and modify any content without written permission of the Platform.

INDEMNITY

1. The Users of this Platform agree to indemnify, defend and hold harmless the Platform, and their respective directors, officers, employees and agents (collectively, “Parties”), from and against any losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by us that arise out of, result from, or maybe payable by, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed according to these terms of use. Further, the User agrees to hold the Platform harmless against any claims made by any third party due to, or arising out of, or in connection with :
   1. User’s use of the Platform;
   2. User’s violation of these Terms and Conditions;
   3. User’s violation of any rights of another;
   4. User’s alleged improper conduct according to these Terms;
   5. User’s conduct in connection with the Platform;
2. User agrees to fully cooperate in indemnifying the Platform at the User’s expense. The user also agrees not to settle with any party without the consent of the Platform.
3. In no event shall the Platform be liable to compensate the User or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable, and whether or not the Platform had been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in connection with the User’s use of or access to the Platform or materials contained therein.

LIMITATION OF LIABILITY

1. The Founders/ Promoters/ Partners/ Associated people of the Platform are not responsible for any consequences arising out of the following events :
   1. If the Platform is inoperative/non-responsive due to any connectivity errors associated with the internet connection such as but not limited to slow connectivity, no connectivity, server failure.
   2. If the User has fed incorrect information or data or for any deletion of data.
   3. If there is an undue delay or inability to communicate through email.
   4. If there is any deficiency or defect in the Platform managed by Us.
   5. If there is a failure in the functioning of any other provisions provided by the Platform.
2. The Platform accepts no liability for any errors or omissions, on behalf of itself, or any damage caused to the User, the User’s belongings, or to any third party, resulting from the use or misuse of the Platform by the User through the Platform. The Content or material displayed on is provided without any guarantees, conditions or warranties as to its accuracy, suitability, completeness or reliability. The Platform will not be liable to you for the unavailability or failure of the Platform.
3. Users are to comply with all laws applicable to them or their activities, and with all Policies, which are hereby incorporated into this Agreement by reference.
4. The Platform expressly excludes any liability for any loss or damage that was not reasonably foreseeable by the Platform and which is incurred by you in connection with the Platform, including loss of profits; and any loss or damage incurred by you as a result of your breach of these terms.

To the fullest extent permitted by law, the Platform shall not be liable to you or any other party for any loss or damage, regardless of the form of action or basis of any claim. You acknowledge and agree that your sole and exclusive remedy for any dispute with us is to terminate your use of the Platform.

REFUND POLICY

Once a purchase is made, it is considered final and non-refundable. Healthray strive to provide the best possible service and products to our clients, and we encourage you to reach out to our customer support team for any assistance or inquiries regarding your purchase.

TERM

1. These Terms shall continue to form a valid and binding contract between the Parties and shall continue to be in full force and effect until the User continues to access and use the Platforms.
2. The Users may terminate their use of the Platform at any time.
3. The Platform may terminate these Terms and close any account at any time without notice and/or suspend or terminate a User’s access to the Platform at any time and for any reason, if any discrepancy or legal issue arises.
4. Such suspension or termination shall not limit our right to take any other action against you that the Platform considers appropriate.
5. It is also hereby declared that the Platform may discontinue the platform and Platforms without any prior notice.

TERMINATION

1. The Platform reserves the right, in its sole discretion, to unilaterally terminate the User’s access to the Platform, or any portion thereof, at any time, without notice or cause.
2. The Platform also reserves the universal right to deny access to particular users, to any/all of are on its Platform without any prior notice/explanation to protect the interests of the Platform and/or other visitors to the Platform.
3. The Platform reserves the right to limit, deny or create different access to the Platform and its features concerning different Users, or to change any of the features or introduce new features without prior notice.
4. The User shall continue to be bound by these Terms, and it is expressly agreed to by the Parties that the User shall not have the right to terminate these Terms till the expiry of the same.

COMMUNICATION

1. By using this Platform and providing his/her identity and contact information to the Platform through the Platform, the Users hereby agree and consent to receive calls, e-mails or SMS from the Platform and/or any of its representatives at any time.
2. Users can report to Healthray Technologies Pvt. Ltd. if they find any discrepancy with regard to Platform or content-related information and the Platform will take necessary action after an investigation. The response with resolution (if any issues found) shall be dependent on the time is taken for investigation.
3. The User expressly agrees that notwithstanding anything contained hereinabove, it may be contacted by the Platform or any representatives relating to the use of the platform by the User on the Platform or anything pursuant thereto and the Users agrees to indemnify the Platform from any harassment claims. It is expressly agreed to by the Parties that any information shared by the User with the Platform shall be governed by the Privacy Policy.

USER OBLIGATIONS AND FORMAL UNDERTAKINGS AS TO CONDUCT

1. The User agrees and acknowledges that they are a restricted user of this Platform and that they :
   1. Agree to provide genuine credentials during the process of registration on the Platform. You shall not use a fictitious identity to register. The platform is not liable if the User has provided incorrect information.
   2. Agree to ensure the Name, Email address, Address, Mobile number and any such other information provided during account registration is valid at all times and shall keep your information accurate and up-to-date.
   3. Users agree that they are solely responsible for maintaining the confidentiality of your account password. You agree to notify us immediately of any unauthorized use of your account. Platform reserves the right to close your account at any time for any or no reason.
   4. Understand and acknowledge that the data submitted is manually entered into the database of the Platform. The User also acknowledges the fact that data so entered into the database is for easy and ready reference for the User, and to streamline the use of the Platform.
   5. Authorize the Platform to use, store or otherwise process certain personal information and all published Content, comments, reviews and ratings for personalization, marketing and promotional purposes and for optimization of User-related options.
   6. Understand and agree that, to the fullest extent permissible by law, the Platform and their successors and assigns, or any of their affiliates or their respective officers, directors, employees, agents, licensors, representatives, operational service providers, advertisers or suppliers shall not be liable for any loss or damage, of any kind, direct or indirect, in connection with or arising from the use of the Platform or this terms of use, including, but not limited to, compensatory, consequential, incidental, indirect, special or punitive damages.
   7. Are bound not to cut, copy, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or obtained from the Platform. Any such use/limited use of the Platform will only be allowed with the prior express written permission of the Platform.
   8. Agree not to access (or attempt to access) the Platform and/or the materials or by any means other than through the interface provided by the Platform. The use of deep-link, robot, spider or other automatic devices, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or its content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform, materials or any content, or to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Platform will lead to suspension or termination of the User’s access to the Platform. The User acknowledges and agrees that by accessing or using the Platform provided therein, it may be exposed to content that it may consider offensive, indecent or otherwise objectionable. The Platform disclaims any liabilities arising concerning such offensive content on the Platform.
   9. Expressly agree and acknowledge that the Content generated by the Users and displayed on the Platform is not owned by the Platform and that the Platform is in no way responsible for the content of the same. The User may, however, report any offensive or objectionable content, which the Platform may then remove from the Platform, at its sole discretion.
2. The User further undertakes not to :
   1. 1. Engage in any activity that interferes with or disrupts access to the Platform provided therein (or the servers and networks which are connected to the Platform);
      2. Impersonate any person or entity, or falsely state or otherwise misrepresent his/her affiliation with a person or entity;
      3. Probe, scan or test the vulnerability of the Platform or any network connected to the Platform, nor breach the security or authentication measures on the Platform or any network connected to the Platform. The User may not reverse look-up, trace or seek to trace any information relating to any other User of, or visitor to, the Platform, or any other viewer of the Platform, including any User account maintained on the Platform not operated/managed by the User, or exploit the Platform or information made available or offered by or through the Platform, in any manner;
      4. Disrupt or interfere with the security of, or otherwise cause harm to, the Platform, systems resources, accounts, passwords, servers or networks connected to or accessible through the Platform or any affiliated or linked Platforms;
      5. Use the Platform or any material or content therein for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of this Platform or any other third party (s);
      6. Violate any code of conduct or guideline which may apply for the use of the Platform;
      7. Violate any applicable laws, rules or regulations currently in force within or outside India;
      8. Violate any portion of these Terms or the Privacy Policy, including but not limited to any applicable additional terms of the Platform contained herein or elsewhere, whether made by amendment, modification, or otherwise;
      9. Commit any act that causes the Platform to lose (in whole or part) of its Internet Establishment (“ISP“) or in any manner disrupts the accessibility of any other Platform;

   Further :

   1. The User hereby expressly authorizes the Platform to disclose any and all information relating to the User in the possession of the Platform to law enforcement or other government officials, as the Platform may in its sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those involve personal injury and theft/infringement of intellectual property. The User further understands that the Platform might be directed to disclose any information (including the identity of persons providing information or materials on the Platform) as necessary to satisfy any judicial Order, law, regulation or valid governmental request.
   2. The User agrees to use the Platform, its affiliates, consultants and contracted companies, for lawful purposes only.
   3. The User agrees not to make any bulk purchase to indulge in any resale activities. In case of any such instances, the Platform reserves all rights to cancel the current and future orders and block the concerned User account.
   4. The User agrees to provide authentic and true information. The Platform reserves the right to confirm and validate the information and other details provided by the User at any point of time. If upon confirmation such User details are found to be false, not to be true (wholly or partly), the Platform shall in its sole discretion reject the registration and debar the User from using the Platform, and/or other affiliated websites without prior intimation whatsoever.
   5. The User agrees not to post any material on the website or the application that is defamatory, offensive, obscene, indecent, abusive, or needlessly distressful, or advertising any goods or services. More specifically, the User agrees not to host, display, upload, update, publish, modify, transmit, or in any manner share any information that:

SUSPENSION OF USER ACCESS AND ACTIVITY

1. Notwithstanding other legal remedies that may be available, the Platform may in its sole discretion, limit the User’s access and/or activity by immediately removing the User’s access credentials either temporarily or indefinitely, or suspend/terminate the User’s association with the Platform, and/or refuse to the usage of the Platform to the User, without being required to provide the User with notice or cause :
   1. If the User is in breach any of these Terms or the Policy;
   2. If the User has provided wrong, inaccurate, incomplete or incorrect information; If the User’s actions may cause any harm, damage or loss to the other Users or the Platform, at the sole discretion of the Platform.

INTELLECTUAL PROPERTY RIGHTS

1. Unless expressly agreed to in writing, nothing contained herein shall give the User a right to use any of the Platform’s trade names, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports and other distinctive brand features, save according to the provisions of these Terms. All logos, trademarks, brand names, service marks, domain names, including material, designs, and graphics created by and developed by the Platform and other distinctive brand features of the Platform are the property of the Platform or the respective copyright or trademark owner. Furthermore, concerning the Platform created by the Platform, the Platform shall be the exclusive owner of all the designs, graphics and the like, related to the Platform.
2. The User may not use any of the intellectual property displayed on the Platform in any manner that is likely to cause confusion among existing or prospective Users of the Platform, or that in any manner disparages or discredits the Platform, to be determined in the sole discretion of the Platform.
3. The User is aware all intellectual property, including but not limited to copyrights, relating to said services resides with the owners, and that at no point does any such intellectual property stand transferred from the aforementioned creators to the Platform or any other User. The User is aware that the Platform merely provides a platform through which the Users can communicate and schedule meetings, and the Platform does not own any of the intellectual property relating to the independent content displayed on the Platform, apart from created graphics and specified content.
4. The User is further aware that any reproduction or infringement of the intellectual property of the aforementioned owners by the User will result in legal action being initiated against the User by the respective owners of the intellectual property so reproduced/infringed upon. It is agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.

DISCLAIMER OF WARRANTIES AND LIABILITIES

1. The User agrees and undertakes that they are accessing the Platform at their sole risk and are that they are using their best and prudent judgment on the use of the Platform or accessing/using any information displayed thereon.
2. The User agrees that any kind of information, resources, activities, recommendations obtained/availed from Platform, written or oral, will not create any warranty and the Platform disclaims all liabilities resulting from these.
3. The Platform does not guarantee that the Platform will be uninterrupted or error-free, or that the Platform or its server will be free of viruses or other harmful components, and the User hereby expressly accepts any associated risks involved with the User’s use of the Platform.
4. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.

DISCLAIMER POLICY

YOU ACKNOWLEDGE THAT ACCESS TO THE SYSTEM WILL BE PROVIDED OVER VARIOUS FACILITIES AND COMMUNICATION LINES, AND INFORMATION WILL BE TRANSMITTED OVER LOCAL EXCHANGE AND INTERNET BACKBONE CARRIER LINES AND THROUGH ROUTERS, SWITCHES, AND OTHER DEVICES (COLLECTIVELY, “CARRIER LINES “) OWNED, MAINTAINED, AND SERVICED BY THIRD-PARTY CARRIERS, UTILITIES, AND INTERNET SERVICE PROVIDERS, ALL OF WHICH ARE BEYOND OUR CONTROL. WE ASSUME NO LIABILITY FOR OR RELATING TO THE INTEGRITY, PRIVACY, SECURITY, CONFIDENTIALITY, OR USE OF ANY INFORMATION WHILE IT IS TRANSMITTED ON THE CARRIER LINES, OR ANY DELAY, FAILURE, INTERRUPTION, INTERCEPTION, LOSS, TRANSMISSION, OR CORRUPTION OF ANY DATA OR OTHER INFORMATION ATTRIBUTABLE TO TRANSMISSION ON THE CARRIER LINES. USE OF THE CARRIER LINES IS SOLELY AT YOUR RISK AND IS SUBJECT TO ALL APPLICABLE LOCAL, STATE, NATIONAL, AND INTERNATIONAL LAWS.

THE SERVICES, THE PLATFORM THE SYSTEM, ACCESS TO THE SYSTEM AND THE INFORMATION CONTAINED ON THE SYSTEM IS PROVIDED “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ARE SOLELY RESPONSIBLE FOR ANY AND ALL ACTS OR OMISSIONS TAKEN OR MADE IN RELIANCE ON THE SYSTEM OR THE INFORMATION IN THE SYSTEM, INCLUDING INACCURATE OR INCOMPLETE INFORMATION. IT IS EXPRESSLY AGREED THAT IN NO EVENT SHALL WE BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, REMOTE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS OR REVENUES, LOSS OF USE, OR LOSS OF INFORMATION OR DATA, WHETHER A CLAIM FOR ANY SUCH LIABILITY OR DAMAGES IS PREMISED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER THEORY OF LIABILITY, EVEN IF WE HAVE BEEN APPRISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES OCCURRING. WE DISCLAIM ANY AND ALL LIABILITY FOR ERRONEOUS TRANSMISSIONS AND LOSS OF SERVICE RESULTING FROM COMMUNICATION FAILURES BY TELECOMMUNICATION SERVICE PROVIDERS OR THE SYSTEM.

YOU ACKNOWLEDGE THAT OTHER USERS HAVE ACCESS TO THE SYSTEM AND ARE RECEIVING OUR SERVICES. SUCH OTHER USERS HAVE COMMITTED TO COMPLY WITH THESE TERMS & CONDITIONS AND OUR POLICIES AND PROCEDURES CONCERNING USE OF THE SYSTEM; HOWEVER, THE ACTIONS OF SUCH OTHER USERS ARE BEYOND OUR CONTROL. ACCORDINGLY, WE DO NOT ASSUME ANY LIABILITY FOR OR RELATING TO ANY IMPAIRMENT OF THE PRIVACY, SECURITY, CONFIDENTIALITY, INTEGRITY, AVAILABILITY, OR RESTRICTED USE OF ANY INFORMATION ON THE SYSTEM RESULTING FROM ANY USERS’ ACTIONS OR FAILURES TO ACT.

WE ARE NOT RESPONSIBLE FOR UNAUTHORIZED ACCESS TO YOUR, DATA, FACILITIES OR EQUIPMENT BY INDIVIDUALS OR ENTITIES USING THE SYSTEM OR FOR UNAUTHORIZED ACCESS TO, ALTERATION, THEFT. CORRUPTION, LOSS OR DESTRUCTION OF YOUR, DATA FILES, PROGRAMS, PROCEDURES, OR INFORMATION THROUGH THE SYSTEM, WHETHER BY ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER MEANS. YOU ARE SOLELY RESPONSIBLE FOR VALIDATING THE ACCURACY OF ALL OUTPUT AND REPORTS, AND FOR PROTECTING YOUR DATA AND PROGRAMS FROM LOSS BY IMPLEMENTING APPROPRIATE SECURITY MEASURES, INCLUDING ROUTINE BACKUP PROCEDURES. YOU HEREBY WAIVE ANY DAMAGES OCCASIONED BY LOST OR CORRUPT DATA, INCORRECT REPORTS, OR INCORRECT DATA FILES RESULTING FROM PROGRAMMING ERROR, OPERATOR ERROR, EQUIPMENT OR SOFTWARE MALFUNCTION, SECURITY VIOLATIONS, OR THE USE OF THIRD-PARTY SOFTWARE. WE ARE NOT RESPONSIBLE FOR THE CONTENT OF ANY INFORMATION TRANSMITTED OR RECEIVED THROUGH OUR PROVISION OF THE SERVICES.

WE EXPRESSLY DISCLAIM ANY LIABILITY FOR THE CONSEQUENCES TO YOU ARISING BECAUSE OF YOUR USE OF THE SYSTEM OR THE SERVICES.

WE DO NOT WARRANT THAT YOUR USE OF THE SYSTEM AND THE SERVICES UNDER THESE TERMS WILL NOT VIOLATE ANY LAW OR REGULATION APPLICABLE TO YOU.

Express Disclaimers:

1. The platform is intended for general purposes only and is not meant to be used in emergencies/serious illnesses requiring physical consultation. Further, if the Practitioner adjudges that a physical examination would be required and advises ‘in-person consultation’, it is the sole responsibility of the User, to book an appointment for physical examination and in-person consultation whether the same is with the Practitioner listed on the Platform or otherwise. In case of any negligence on the part of the User is acting on the same and the condition of the User deteriorates, Healthray shall not be held liable.
2. Platform made available to Users to assist them to obtain consultation from Practitioners and does not intend to replace the physical consultation with the Practitioner.
3. While we ensure that all product information on the platform is complete and accurate, however, we advise you not to solely rely on this information. It is recommended to refer to the product manual and/or specifications provided by the manufacturer either on their Platform or along with the product.
4. This is applicable for all warnings, labels, ingredients and usage directions as well.
5. The use of any information provided on this platform is solely at the user’s risk. Nothing contained on this platform shall be considered as medical advice.

Consumers are advised to contact the manufacturer for any further information and assistance.

FORCE MAJEURE

Neither the Platform nor the Platform shall be liable for damages for any delay or failure to perform its obligations hereunder if such delay or failure is due to cause beyond its control or without its fault or negligence, due to Force Majeure events including but not limited to acts of war, acts of God, earthquake, riot, fire, festive activities sabotage, labour shortage or dispute, internet interruption, technical failure, breakage of sea cable, hacking, piracy, cheating, illegal or unauthorized.

DISPUTE RESOLUTION AND JURISDICTION

1. It is expressly agreed to by the Parties hereto that the formation, interpretation, and performance of these Terms and any disputes arising therefrom will be resolved through a two-step Alternate Dispute Resolution (“ADR “) mechanism. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
   1. Mediation : In case of any dispute between the parties, the Parties will attempt to resolve the same amicably amongst themselves, to the mutual satisfaction of all parties. In the event that the Parties are unable to reach such an amicable solution within thirty (30) days of one Party communicating the existence of a dispute to any other Party, the dispute will be resolved by arbitration, as detailed hereinbelow;
   2. Arbitration : In the event that the Parties are unable to amicably resolve a dispute by mediation, said dispute will be referred to arbitration by a sole arbitrator to be appointed by the Platform, and the award passed by such sole arbitrator will be valid and binding on all parties. The Parties shall bear their own costs for the proceedings, although the sole arbitrator may, in his/her sole discretion, direct either Party to bear the entire cost of the proceedings. The arbitration shall be conducted in English, and the seat of Arbitration shall be the city of Gujarat, India.

The Parties expressly agree that the Terms, Policy and any other agreements entered into between the Parties are governed by the laws, rules, and regulations of India.

NOTICES/GRIEVANCES

Any and all communication relating to any dispute or grievance experienced by the User may be communicated to the Platform by the User by emailing to [email protected]

MISCELLANEOUS PROVISIONS

1. Entire Agreement : These Terms, read with the Policy, form the complete and final contract between the User and the Platform with respect to the subject matter hereof and supersedes all other communications, representations, and agreements (whether oral, written or otherwise) relating thereto.
2. Waiver : The failure of either Party at any time to require performance of any provision of these Terms shall in no manner affect such Party’s right at a later time to enforce the same. No waiver by either party of any breach of these Terms, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such breach, or a waiver of any other breach of these Terms.
3. Severability : If any provision/clause of these Terms is held to be invalid, illegal or unenforceable by any court or authority of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions/clauses of these Terms shall in no way be affected or impaired thereby, and each such provision/clause of these Terms shall be valid and enforceable to the fullest extent permitted by law. In such case, these Terms shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the original rights, intentions and commercial expectations of the Parties hereto, as expressed herein.
4. Contact Us : If you have any questions about this Policy or any other policy, the practices of the Platform, or your experience on the platform, you can contact us at [email protected]