This Agreement is an electronic record in terms of Information Technology Act, 2000 and generated by a computer system and does not require any physical or digital signatures. This Agreement is published in compliance of, and is governed by the provisions of Indian law, including but not limited to:
1. the Indian Contract Act, 1872;
2. the (Indian) Information Technology Act, 2000; and
3. 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”).
IF YOU DO NOT AGREE TO THE AGREEMENT IN ITS ENTIRETY, YOU ARE NOT AUTHORIZED TO ACCESS, DOWNLOAD AND/OR USE, AS APPLICABLE, THE CANCERBRO SERVICES IN ANY MANNER OR FORM.
- Scope & Applicability
- No Medical Advice
- No Endorsement of Doctors/Health Centers/Hospitals
- Usage Restrictions
- Your Service Account; Email Consent
- Use of the Support Groups/Communities and News Feed/Squad
- Suspension and termination of Support Groups/Communities and News Feed/Squad access
- Content Contribution to our Site
- License of User Content to Cancerbro
- Links to Other Sites; Third Party Promotions
- Intellectual Property Rights
- Copyright Notice
- Limitation of Liability
- Disclaimer of Warranties
- Force Majeure
- Governing Law and Jurisdiction
- Entire Agreement
Scope & Applicability:
The Agreement constitutes the entire and only agreement between you and Cancerbro with respect to your use of the Cancerbro, and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to same.
The Agreement applies to you whether you are –
1. A Patient (“you” or “User”), or his/her representative(s) wishing to register/already registered on the Site.
2. Otherwise a user of the Site (“you” or “User”).
This Agreement applies to those services made available by Cancerbro on the Site, which are offered to the Users (“Services”), including the following:
1. Support Groups/Communities
2. Video Content
3. Blog Content
4. Cancer Information Related Articles
5. Stories of Hope
6. News Feed/Squad
The Services may change from time to time, at the sole discretion of Cancerbro, and the Agreement will apply to your visit to and your use of the Site to avail the Service, as well as to all information provided by you on the Site at any given point in time.
We may amend the Agreement from time to time in our sole discretion, without specific notice to you; provided, any amendment or modification to the “Dispute Resolution Provisions” shall not apply to any disputes incurred prior to the applicable amendment or modification; and
The latest Agreement will be posted on the Site, and you should review the Agreement prior to using the Cancerbro Services.
No Medical Advice
The content (which includes any text, graphics, images, videos or other material contained, accessed or entered on the Site by you or a health care provider (“Content”) is for educational/informational purposes only and is not a substitute for medical advice, diagnosis or treatment provided by a qualified health care provider. Any communication between you and health care providers on the Site (including any responses by health care providers to questions posted on the Site or through any feature available on the Site) is for general informational purposes only and does not create nor is it intended to create a physician-patient relationship as defined by law. Your reliance on any information (including any links to third party Sites containing any information about health care providers) or Content provided on the Site, whether or not it is provided by a health care provider, is solely at your own risk. You should always seek the advice of your health care provider for any questions you may have about your own medical condition.
No Endorsement of Doctors/Health Centers/Hospitals
Cancerbro is not a doctor referral service. Cancerbro does not select, approve, or otherwise endorse any particular doctor, health center, hospital, or provider of health services; nor does Cancerbro make any representation about the quality of health services or the qualifications of any doctor, health center, hospital, or provider of health services. Any and all such recommendations are from third parties and are inherently subjective in nature, could be inaccurate or incomplete, and are difficult or impossible to verify. Therefore, Cancerbro expressly disclaims any representation or warranty that such recommendations or other User Content are correct or reliable. UNDER NO CIRCUMSTANCE SHALL CANCERBRO HAVE ANY LIABILITY TO YOU FOR ANY RELIANCE ON INFORMATION CONTAINED ON OR OBTAINED THROUGH THIS SITE. SUCH RELIANCE SHALL BE SOLELY AT YOUR OWN RISK.
By offering this Site for use, Cancerbro provides you with a worldwide, nonexclusive, nontransferable, revocable, limited license to access and make personal use of the information and services on this Site, strictly subject to and in accordance with this Agreement. Cancerbro reserves the right to terminate this license at any time and for any reason. Your failure to comply with this Agreement will result in automatic termination of this license, without prior notice, and you must immediately destroy all copies of downloaded materials in your possession or control. Except for the limited license set forth in this Agreement, Cancerbro does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights or other proprietary or intellectual property rights.
By using this Site, you agree that:
1. You must be eighteen years or older. In the case of minor Consumers (under eighteen (18) years), a parent or guardian must accept this Agreement.
2. you shall not use, intentionally or unintentionally, any of the Content, information or services on this Site in a manner contrary to or in violation of any applicable international, national or local law, rule or regulation having the force of law, including privacy;
3. you shall not use this Site in any manner that could harm, infect, take over, disable, overburden or otherwise impair any of our computer systems, including, the servers, networks and other components connected to or used for this Site;
4. you shall not interfere with any other party’s use and enjoyment of this Site or any of the Content, information or services provided on this Site;
5. you shall not forge headers or otherwise manipulate identifiers in order to disguise or alter the origin of any Content transmitted through the services or develop restricted or password-only access pages, or hidden pages or images (those not linked to from another accessible page);
6. you shall not upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
7. you shall not upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
8. you shall not attempt to gain unauthorized access to any services, accounts, computer systems or networks connected to any server used for this Site, through password mining, hacking or any other means;
9. you shall not seek to gain access to any materials or information through any means not intentionally made available by us;
10. you shall not reproduce, duplicate, copy, download, sell, resell or otherwise exploit this Site, or any portion hereof, for commercial purposes without Cancerbro’s prior written consent;
11. you shall not use any framing techniques to enclose any portion of this Site (including, but not limited to, images, text, page layout and form) without Cancerbro’s prior written consent;
12. you shall not make any use of the trademarks, service marks, trade names, logos and graphics on this Site without Cancerbro’s prior written consent.
13. you shall not use any network monitoring or discovery software to determine the site architecture or extract information about usage, individual identities or users;
14. you shall not use any robot, spider, other automatic software or device or manual process to monitor or copy the Site or the Content, information or services on this Site without Cancerbro’s prior written consent;
15. you shall not collect any email addresses made available on this site for purposes of promotions or marketing campaigns and you shall not solicit any users with data retrieved from this Site or any doctor, health center, hospital, or provider of health services identified on this Site;
16. you shall not distribute, on or through this Site, any advertising; promotion; solicitation for goods, services or funds; or solicitation for others to become members of any enterprise or organization without Cancerbro’s prior written permission;
Your Service Account; Email Consent
In order to use some of the features on the Site, you are required to register and provide information about yourself to us and create a service account (“Service Account”). It is your responsibility to maintain the confidentiality of your Service Account information, including your Service Account password. In addition, you are responsible for all activities that occur in connection with your Service Account. You must tell us right away about anyone using your Service Account without your consent, or any security breach that relates to the Site or your Service Account. You agree to provide Cancerbro with accurate, current and complete information about yourself as may be prompted in any registration forms on the Site and promptly update any such information to keep it accurate, current and complete. Cancerbro reserves the right to refuse to provide services to anyone, including terminating your Service Account and/or preventing you from accessing the Site or your Service Account, with or without cause, at any time and in its sole discretion.
By using the Site, you consent to receive emails from Cancerbro, which may include commercial emails. You may change such preferences by unsubscribe link. Please note that as long as you maintain a Service Account, you may not “opt out” of receiving service or account-related emails from Cancerbro and all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Use of the Support Groups/Communities and News Feed/Squad
Whenever you use or visit our Site you must comply with the following standards. These standards apply to each part of any contribution you make to the Site (including the Support Group) and whether you do, or so not, comply will be determined by us in our sole discretion.
1. Be accurate (where they state facts).
2. Be genuinely held (where they state opinions).
3. Comply with applicable law in India (and in any country from which they are posted).
4. Be constructive and polite, not mean-spirited or contributed with the intention of causing trouble or ‘trolling’.
Contributions must not (also refer to guidelines on “Content Contribution to our Site”:
1. Contain any material which is defamatory of any person.
2. Contain any material which is obscene, offensive, hateful or inflammatory.
3. Contain any sexually explicit material.
4. Promote or incite any violence.
5. Promote or incite any discrimination (including, that which is based on race, sex, religion, nationality, disability, sexual orientation or age).
6. Infringe any copyright, database right or trade mark or any other proprietary rights of any other person.
7. Be likely to deceive any person.
8. Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
9. Be threatening, abusive or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
10. Be likely to harass, upset, embarrass, alarm or annoy any other person.
11. Be used to impersonate any person, or to misrepresent your identity or affiliation with any person. In particular, you may not register more than one account or create any alternative accounts.
12. Give the impression that they come from us, if this is not the case.
13. Given the impression that they come from a healthcare professional, if that is not the case.
14. Encourage any act or activity that in our opinion could be harmful to the health or wellbeing of another user or which raises any clinical safety concerns.
15. Advocate, promote or assist any unlawful act (such as, for example, the use of any illegal drugs or substance, copyright infringement or computer misuse).
16. Be the same as, or substantially similar to, comments which you have made in other threads or areas of the forum (including, for the purposes of promoting a particular message or agenda), i.e. no “spamming” of any discussions.
17. Include any unsolicited promotions, political campaigning, advertising or solicitations, including without limitation any advertisements for medical/health services, medical/health service providers or doctor/health center/ hospital referral services;
Please note that all contributions must be in English (so that we can effectively moderate the Support Group).
When using the Site:
1. you may link to specific URLs (web site addresses) in your contributions where these provide relevant and appropriate background reading or information. However, you must not link to advertising or sites that might cause offense to other users of the Site. Please note that any post containing a URL may be subject to review and moderation;
2. you must not use it in manner which (in our view) is intended to promote or advertise another Site, product or service (including, by inviting other users to send messages directly to you). If you wish to advertise your product or service via the Site (or otherwise) then please contact us in the first instance using the email id [email protected] ; and
3. you must not use it for any purpose which is in violation (or which is, or is likely to, cause us to be in violation) of any applicable laws or regulations.
You represent that any contribution you make to the Support Group will comply with the standards set out above, and you will be liable to us and be responsible for any loss or damage we suffer as a result of your breach of this representation.
For your safety we advise that you never reveal any personal information about yourself or anyone else on the Support Groups/Communities and News Feed/Squad (for example: full name, telephone number, home address or email address), and please do not include postal addresses of any kind. If you have a helpful address to share, please advise the site administrators.
While the administrators and moderators of the Support Groups/Communities and News Feed/Squad will attempt to remove or edit any generally objectionable material as quickly as practicable, it is not possible for us to review every message. Therefore, you acknowledge that all posts made to the Support Groups/Communities and News Feed/Squad express the views and opinions of the author. The views expressed by other users on our Site do not (necessarily) represent our views or values.
If you have any concerns regarding a post or comment on our forum then please email us at [email protected] to help bring it to our attention.
We want the forums to be a useful resource for our users but it is important to remember that the forums are not moderated or reviewed by doctors and so you should not rely on opinions or advice given by other users in respect of any healthcare matters. Always speak to your doctor before acting and in cases of emergency seek appropriate medical assistance immediately.
Suspension and termination of Support Groups/Communities and News Feed/Squad access
1. Immediate, temporary or permanent withdrawal of your right to use our Site (including the Support Group).
2. Immediate, temporary or permanent removal of any posting or material uploaded by you to our Site (including the Support Group).
3. Issuing a warning to you.
4. Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
5. Further legal action against you.
6. Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are examples, and we may take such other actions as we may reasonably deem appropriate.
Content Contribution to our Site
The Site includes areas in which users may post content and information, including personal and business profile data, messages, comments, data, text, photos, videos, blogs, graphics or other materials (the “User Content”). You are solely responsible for your use of such areas and use them at your own risk. By using the Site, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:
1. User Content that is false, misleading, unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent, including without limitation any personal profile information, recommendation, endorsement, rating or review of a doctor, health center, hospital, or provider of health services with whom you have not had direct, personal experience in a professional context or as a client of such doctor, health center, hospital, or provider of health services;
2. User Content that is nude. We at CancerBro allow users to share nudity for valid reasons only and where the intent is to protest, raise awareness for a specific educational or medical cause. Wherever such intent is reflected, we allow the content on our website.
Other than that, we strictly prohibit and restrict our users to post adult and nude content that is pornographic or intended to cause sexual arousal.
The nudity includes but limited to content displaying sexual intercourse, depictions of animals with human-like features, cartoons, hentai or anime, genitals, female nipples and close-ups of fully nude buttocks. However, we do allow users to share photos of post mastectomy scarring and women actively breastfeeding. For safety reasons, we may also remove images that show nude or partially-nude children even if they are shared with good intentions as they can be misused by others.
3. User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, violate any applicable rules of professional conduct or that would otherwise create liability or violate any local, state, national or international law or regulation;
4. User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content as provided under this Agreement;
5. User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
6. Unsolicited promotions, political campaigning, advertising or solicitations, including without limitation any advertisements for medical/health services, medical/health service providers or doctor/health center/hospital referral services;
7. Viruses, spyware, malware, corrupted data or other harmful, disruptive or destructive files; and
8. User Content that, in the sole judgment of Cancerbro, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose Cancerbro or its users to any harm or liability of any type.
Cancerbro takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Cancerbro liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Any use of the Site in violation of the foregoing violates this Agreement and may result in termination or suspension of your right to use the Site.
Cancerbro reserves the right to restrict or remove any User Content posted or stored on the Site at any time and for any reason without notice.
License of User Content to Cancerbro
Links to Other Sites; Third Party Promotions
Intellectual Property Rights
You acknowledge and agree that the Cancerbro Services and any software used in connection with the Cancerbro Services (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that the Cancerbro Content is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by us or the applicable licensor, you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform, create derivative works from, or “scrape” for commercial or any other purpose, the Cancerbro Services or the Software, in whole or in part. Any use of the Cancerbro Services not expressly permitted by this Agreement is a breach of this Agreement and may violate our and third parties’ intellectual property rights.
Unless otherwise disclosed, all of the trademarks, service marks, and logos displayed on our Sites (the “Trademarks”) are registered and unregistered trademarks of Cancerbro, its affiliates, or Third Party Providers. Nothing on our Sites should be construed as granting, by implication, estoppel, or otherwise, any license or right in and to the Trademarks without our express written permission or the express written permission of the applicable third party.
The Content on the Cancerbro Site is copyrighted by Cancerbro, or by other information providers who have licensed their content for electronic publication by Cancerbro. It is protected by copyright and trademark laws. You may not reproduce, republish or redistribute material from the Cancerbro Site without express written consent of Cancerbro or of the copyright holder, if the copyright holder is not Cancerbro.
You agree to defend, indemnify, and hold harmless Cancerbro, its corporate affiliates, independent contractors, professionals, and consultants, and each of their respective directors, employees and agents, from and against any claims, damages, cost, liabilities and expenses (including, but not limited to, advocates’ fees) arising out of or related to any User content you post, store, or otherwise transmit on or through the Site, or your use of or inability to use the Site or the Service including, without limitation, any actual or threatened suit, demand, or claim arising out of or relating to User content, your conduct, your violation of these Site Terms, or your violation of the rights of any third-party.
Limitation of Liability
In no event, including but not limited to negligence, shall Cancerbro, or any of its directors, officers, employees, agents or content or
Professionals (collectively, the “Protected Bodies”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to,
the use of, or the inability to use, the Site or the content, materials and functions related thereto, the Services, User’s provision of information via the Site, lost business or lost End-Users,
even if such Protected Body has been advised of the possibility of such damages. In no event shall the Protected Bodies be liable for:
1. provision of or failure to provide all or any service by Professionals to End- Users contacted or managed through the Site;
2. any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Site;
3. any unauthorized access to or alteration of your transmissions or data; or
4. any other matter relating to the Site or the Service.
In no event shall the total aggregate liability of the Protected Bodies to a User for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from this Agreement or a User’s use of the Site or the Services exceed, in the aggregate Rs. 1000/- (Rupees One Thousand Only).
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SITE IS AT YOUR SOLE RISK. ALL CONTENT AND SERVICES ON THE SITE IS PROVIDED SOLELY
ON AN ‘AS-IS/AS-AVAILABLE’ BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, AS TO THE
RESULTS YOU MAY ACHIEVE ON ACCOUNT YOUR USE OF THE SITE, AS TO THE RESULTS YOU MAY ACHIEVE ON ACCOUNT OF ANY RELATIONSHIP YOU ELECT TO CREATE WITH PROFESSIONAL,
AND NON-INFRINGEMENT. NEITHER CANCERBRO.COM NOR ANY OF ITS LICENSORS OR AFFILIATES MAKES ANY REPRESENTATIONS OR WARRANTIES REGARDING ANY PROFESSIONAL, INCLUDING,
WITHOUT LIMITATION, ANY PROFESSIONAL’s ABILITY TO OBTAIN A FAVORABLE RESULT FOR YOU.
WE DO NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY CONTENT OR SERVICES AND WE DO NOT GUARANTY IN ANY SERVICES OR GOODS ASSOCIATED WITH THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY SERVICE OR GOOD WILL CONTINUE TO BE AVAILABLE.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
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 Cancerbro. Any consent by Cancerbro to, or a waiver by Cancerbro of any breach by User, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
If any provision of this Agreement is held to be illegal, invalid or unenforceable, such illegality, invalidity or unenforceability shall apply only to such provision. The illegality, invalidity, or unenforceability of such provision shall not in any manner affect or render illegal, invalid or unenforceable any other provision of this Agreement, and that provision, and this Agreement generally, shall be reformed, construed and enforced so as to most nearly give lawful effect to the intent of the Parties as expressed in this Agreement. The fact that any provision of this Agreement is held to be illegal, invalid or unenforceable in a particular jurisdiction shall have no effect upon the legality, validity, or enforceability of such provision in any other jurisdiction.
Neither Party shall be liable for any failure or delay in the performance of any of their respective obligations if prevented from doing so by a Force Majeure Event. “Force Majeure Event” means (i) floods, earthquakes, or other similar elements of nature or acts of God; (ii) riots, civil disorders, rebellions or revolutions in any country; or (iii) any other cause beyond the reasonable control of the non-performing Party, provided the non-performing Party is without fault in failing to prevent or causing such default or delay, and such default or delay could not have been prevented or circumvented by the non-performing Party through the reasonable use of alternate sources, workaround plans or other reasonable precautions.
Governing Law and Jurisdiction
This Agreement, and all matters arising directly or indirectly from this Agreement, shall be governed by and construed in accordance with the laws of India, without regard to its conflict of laws rules applicable to contracts to be performed entirely within India. For all such matters, each Party irrevocably submits to the exclusive jurisdiction of courts located in New Delhi and waives any jurisdictional, venue, or inconvenient forum objections to such courts.
Any dispute, claim or controversy arising out of or relating to this Agreement, including the determination of the scope or applicability of this Agreement to arbitrate, or your use of the Site or the Services or information to which it gives access, shall be determined by arbitration in India, before a sole arbitrator appointed by Cancerbro. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be New Delhi. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the parties to the dispute.
This Agreement and its Exhibit(s) constitute the entire agreement of the Parties with respect to the subject matter hereof and supersedes any and all existing or prior agreements and communications, whether written or verbal, relating to the subject matter hereof. No modification of this Agreement shall be effective unless it is in writing and signed by an authorized representative of each Party.
Oncosure Terms & Conditions
- SCOPE AND APPLICABILITY
- SECOND OPINION SERVICE
- USAGE OUTSIDE INDIA
- NO MEDICAL ADVICE
- NO DOCTOR REFERRAL
- PROHIBITED USES
- ACCOUNTS AND REGISTRATION
- CONTRIBUTION GUIDELINES
- FEE, PAYMENT GATEWAY AND REFUNDS
- DATA PROTECTION
- REPRESENTATIONS AND WARRANTIES
- INTELLECTUAL PROPERTY
- COPYRIGHT NOTICE
- LIMITATION OF LIABILITY
- DISCLAIMER OF WARRANTIES
- COMPLIANCE WITH APPLICABLE LAWS
- ENTIRE AGREEMENT
- FORCE MAJEURE
- GOVERNING LAW AND JURISIDCTION
- INFORMATION FOR INTERNATIONAL USERS
- CHANGES TO THIS NOTICE
- QUESTIONS AND GRIEVANCES
THIS WEBSITE IS NOT TO BE USED DURING A MEDICAL EMERGENCY.
The given terms and conditions establish a legally binding agreement between you and [Name of the Company]. (Please note that `Company’ refers to and includes all the Licensors and Affiliates of the Company, including but not limited to the Consultants rendering the services).
The Company makes this site available solely for the purpose of facilitating communications between health service providers and consumers who choose to use the site. You agree that the terms and conditions may be updated from time to time and any such changes will be effective as soon as they are posted. It is advisable to review these terms and conditions from time to time so that you remain informed about any such changes.
SCOPE AND APPLICABILITY
The Agreement is applicable to you if you are:
- Any other user.
- Above 18 years of age.
- Second Opinion Service
- Support Groups/Communities
- Contact with experts
- Information pertaining to cancer.
- Videos/Blog containing articles and stories on cancer and cancer survivors.
- News Feed/Squad
SECOND OPINION SERVICE
The website as a part of its services also provides second opinion service, wherein specialized cancer specialists registered on the Company’s network, provide a written second opinion to the patients on the basis of their prior medical reports which are submitted on the website. This service is available for a charge and the second opinion is typically issued within 5 working days of receipt of the medical reports in the required format. A case summary will be prepared based on the information provided and the reports uploaded by you on the Platform, and will be verified by our experts. In case some important information or report is missing, the same would be notified to you. The time of 5 working days would be counted from the time experts have received all the information and reports required by them. The second opinion obtained through the website, is intended to be informative in nature and You agree that You will not treat the same as medical advice or consultation. You further agree, that a second opinion obtained on the basis of your prior medical reports cannot be treated as a substitute for an in-person medical examination by a qualified medical practitioner.
You further agree, that any reliance on the second opinion or any information supplied to You as a part of the service, shall solely be your responsibility. You shall not hold the Company or the consultants or specialists involved liable or responsible for the same.
USAGE OUTSIDE INDIA
Although, the website may be accessed from anywhere in the world, the Company does not warrant that the information contained or posted on the website, or the content which the website displays or any other service which may be a part of the website, is appropriate or available for use outside India, or complies with applicable laws outside India. Accessing the content or services of the website from jurisdictions, where they may be deemed illegal, is prohibited. If you access the content or services of the website from such jurisdictions the Company shall not be held liable or responsible for the same and you agree to bear all legal consequences which may follow as a result of such prohibited conduct. Any offer for any service or and/or any information which may be provided with regard to the website is void where prohibited. The Company shall not be liable for any such prohibited conduct.
NO MEDICAL ADVICE
Any content which you may access as a part of the services offered by the website including but not limited to any text, graphics, images, video or any other information in any form is only for educational/information purposes. Such content cannot replace medical advice or diagnosis which may be provided by a qualified doctor who has examined you physically in-person. You agree to not construe any such content as medical advice or consultation. You further agree, that if you act on the information provided or accessed as a part of the services of the website, then that will be on your sole discretion and responsibility. You shall not hold the Company or the website or the consultants liable or responsible for any consequences which may follow.
NO DOCTOR REFERRAL
You agree that the website or the Company does not operate as a doctor referral service. The website or the Company does not endorse, support, recommend or approve any medical practitioner or medical organization you may come into contact with while accessing the services offered. Any and all such recommendations are from third parties and are inherently subjective in nature. The Company does not warrant any authenticity of the information you may receive from any medical practitioner or medical practitioner you approach through the website.
IF YOU DECIDE TO RELY ON ANY SUCH INFORMATION WHICH YOU MAY ACCESS THROUGH THE WEBSITE OR CHOOSE TO APPROACH A PARTICULAR MEDICAL PRACTITIONER, IT SHALL BE ON YOUR EXCLUSIVE AND SOLE DISCRETION AND THE COMPANY OR ITS CONSULTANTS SHALL NOT BE HELD LIABLE OR RESPONSIBLE FOR THE SAME.
Disbursing or distributing materials downloaded from the website on the pretext of providing medical information or using any content available on the website for any unauthorized use shall be construed as infringement of intellectual property of the Company and the Company can pursue any legal remedy it deems fit in order to prevent the same.
By using and accessing this website you agree that:
- You are 18 years of age or above. Parents or guardians may access the website on behalf of minor wards or children.
- Your usage of any content posted or available on the website is not, either willfully or otherwise, in non-compliance with any applicable law, rules or regulations. (national, international or local)
- Your usage of this website shall not be in such a manner so as to adversely affect, impair, disable, infect or overburden any of the Company’s servers, computer systems, networks or any other components which are deployed to provide You a seamless service.
- Your usage of the site shall not interfere with any third-party’s use and enjoyment of the site.
- You shall not modify or alter the content posted or available on the site.
- You shall not fabricate headers or otherwise insert any identifiers to manipulate the original source of the content posted or available on the website.
- You shall not post any content to the website, to which you do not hold a legal right as per applicable law or a contractual right as per any signed contracts.
- You shall not upload any material on the website, which may contain any virus or any other such harmful substance or content which may have the effect of interrupting, destroying or limiting the functionality of any computer software, hardware or any other such communication equipment or component.
- You shall not use any fraudulent or illegal methods including but not limited to password mining or hacking to gain unauthorized access to any account registered on this site.
- You shall not copy, reverse engineer, compile or commercially or otherwise re-use (including but not limited to selling, renting, leasing, distributing) the content which you may have downloaded as a user of this site.
- You shall not without express written consent of the Company, make any use of any trademarks, logos or graphics displayed or used on the website for any purpose whatsoever.
- You shall not use the network of this site or the e-mails you may have obtained from this site for the purposes of any advertising, promotions or marketing campaigns.
- You shall not upload any content which may be violative of any third-party’s intellectual property or is obscene, pornographic, blasphemous, libelous, pedophilic or otherwise illegal or prohibited in any manner whatsoever.
ACCOUNTS AND REGISTRATION
Your access and use of the website depends upon You registering and creating a Service Account. You shall be solely responsible to keep all the information including your username and password connected with your Service Account protected at all times, till your account is terminated for whatsoever reason. Any activity that may occur in connection with your Service Account shall be solely attributable to you and You shall be solely liable and responsible for the same, irrespective of unauthorized access if any. In the event, that your Service Account is being used by any third-party, You agree to immediately inform the Company of such unauthorized access. You further agree that failure to inform shall be treated as security breach and this may lead to your account being immediately terminated. You agree that all information which you provide in connection with Your Service Account will be true and accurate at all points of time. Any responsibility of updating any change in the information provided shall be solely yours. You agree that as a part of your Service Account, you may receive certain e-mail marketing or promotional messages from the Company. You consent to their receipt till the time you hold the Service Account with the website. However, please note that such consent may be withdrawn at any point of time.
Any contribution in any form (written, video, graphic or otherwise) that you make to the website
shall be in strict compliance with the following guidelines. All contributions made:
- Shall be factually correct.
- Should be in compliance with the applicable laws.
- Should not be obscene, scandalous, libelous or unlawful or prohibited under any law.
- Should not contain any sarcastic, rude or offensive language.
- Should not hurt anyone’s religious feelings.
- Should not be defamatory.
- Should not be communal.
- Should not promote or incite any violent acts.
- Should be original and not infringing of any copyright or any other intellectual property rights.
- Should be genuine and not fraudulent in nature.
- May contain links to the original sources for background reading purposes. However, please note that no links to any advertising website may be included.
YOU AGREE THAT THE CONTENT BEING POSTED OR ANY CONTRIBUTION BEING MADE BY YOU, IS SOLELY YOUR CONTRIBUTION AND REFLECTS YOUR POINT OF VIEW OR OPINION. THE COMPANY DOES NOT HAVE ANY CONNECTION WITH THE SAME IN ANY MANNER WHATSOEVER.
Apart from following the aforementioned guidelines, you should also take certain safety measures regarding your Service Account and your usage of the website. These safety measures include but are not limited to not disclosing your personal contact details to anyone you may come in contact with during your use of the website. Though, any content posted is reviewed and moderated, however, You agree that any offensive posts or any other posted content which may harm you in any manner will not be the Company’s liability or responsibility. By agreeing to use this website, You agree to any such risks which may be ancillary to the same.
FEE, PAYMENT GATEWAY AND REFUNDS
You agree to the usage of third party payment gateways (Razorpay and Paypal) by the Company for the processing of any transactions which may take place on the website. The Company shall not be held responsible or liable for any failed transactions. If any transaction initiated by the user fails to get through, the money deducted shall be refunded back to the user’s account in accordance with the payment gateway’s refund policy. Please note that for Online Second Opinion cases, the Company shall try to initiate a full refund corresponding to the amount paid or a partial refund of the amount paid, if the Company is unable to continue offering services to the patient due to reasons beyond its control. Such reasons include but are not limited to: untimely death of the patient, unavailability of doctor and incomplete data provided. Please note, that any Force Majeure event which may occur, will also be treated as events beyond the Company’s control and may affect a full refund of the amount paid.
- The data being collected by the Company.
- The purpose for which the data is being collected.
- The entities which may process the data.
REPRESENTATIONS AND WARRANTIES
You agree to be bound by the following Representations and Warranties:
- All information which You have uploaded is genuine and accurate.
- You agree and understand that the website only serves as a connecting platform between oncologists and patients and the Company itself cannot be held to be an expert in oncology or related medical services.
- You agree that the Company is not liable for any interaction that you may have with any oncologist registered on the website, be it during your use of the website or independent of the same. The Company is only acting as a link and is not liable for the Oncologists’ actions or advice.
- You agree that a secondary medical opinion, in the nature of what you shall receive through this website cannot replace or be a substitute to a physical consultation with a qualified medical practitioner. You and not the Company shall be solely liable for any reliance placed on the same or any action taken in pursuance of the same.
- Any inaccuracy regarding the medical qualification or experience or any such other information pertaining to the oncologists shall not be the Company’s responsibility. You agree that the Company has to the best of its ability vetted and reviewed the oncologists registered on the website and shall not be held liable for any inaccuracies which may exist despite taking all reasonable precautions.
- You agree that an online and remote seeking of information is no substitute for in-person physical consultation and in the absence of a proper physical examination, the advice rendered by the Oncologists registered on the platform may sometimes not be the best to their ability. Any reliance on such advice shall be your sole responsibility and the Company or its consultants shall not be responsible for the same.
- You agree and understand that by the virtue of being registered on the website of the Company, the oncologists do not in any way become employed or connected with the Company. The Company do not endorse or support or advertise any oncologist through this website. If you decide to approach any oncologist registered on this website, independent of its services, that will be your sole responsibility and liability.
You are responsible for any communication you may make with any person during your usage of this website. You are strictly prohibited to engage in the below:
- Communicate copyrighted material which You do not own, without the express authorization or written consent of the owner.
- Communicate any material which may have the effect of infringing any intellectual property rights. Please note that for trademark violations, this prohibition extends to passing off as well.
- Communicate any material which may be or construed to be hateful, discriminatory, obscene, offensive or otherwise unlawful under any applicable law.
- Conduct fraudulent activities through the website or impersonate any other person.
You agree that any services offered, software used, content posted or made available or any other such functionalities which may be connected or associated with the website are the intellectual property of the Company. You agree to keep all information pertaining to these confidential at all times. You further agree that you shall not modify, re-sell, reuse, license out, distribute or use the intellectual property of the Company in any unauthorized manner. Any use of the intellectual property of the Company shall be made only upon an express written authorization and consent of the Company. Any violation of this Clause shall be considered to be a breach of the agreement and the Company is free to pursue any legal remedy it deems fit for the enforcement and protection of its rights.
You agree that all the trademarks, logos and service marks displayed on the website are property of the Company. Any unauthorized use of the same shall be treated as infringement or passing off. Nothing on the website shall be interpreted as granting any form of authorization or license, express/implied, written/unwritten, to any individual to use any trademarks belonging to the Company.
All content published or displayed on the website is the copyright of the Company. You agree that any form of copying, distribution or using for any other purpose of such content without an express written permission of the Company shall be treated as copyright infringement.
- Immediate and automatic termination of your Service Account.
- Immediate suspension of your right to use the account.
- Removal of any content which you may have posted to the site.
- Issuing a warning and after two warnings, taking any step as deemed appropriate by the Company.
- Initiating legal proceedings against you for damages and the recovery of costs including but not limited to administrative and legal costs on an indemnity basis and otherwise.
- Disclosing or reporting any unlawful or prohibited content you may have posted on the website to the law enforcement authorities.
- Any other action which the Company in its sole discretion deems fit.
You agree to indemnify, defend and hold harmless the Company and any of its affiiliates, contractors, professionals and consultants (“The Indemnified Party) from and against any claims, damages, cost, liabilities and expenses (including, but not limited to, legal expenses) arising out of Your a) Breach of any applicable law b) posting of any unlawful or prohibited content c) Illegal or prohibited use of the website d) breach of any intellectual property or confidentiality obligations e) Any third party claims brought against the Company, arising out of your use of the website f) Inaccuracy of any data or information which you may supply to the Company g) Misuse of your Service Account h) breach of any other obligation as contained in this Agreement.
You agree that the Indemnified Parties can at any point of time, even after the expiration or termination of your Service Account with the Company can claim indemnity from you for the aforementioned purposes. This Clause shall survive the termination of this Agreement.
You further agree to provide written assurances to the Company during and after the termination of this Agreement, confirming your responsibility and obligation to indemnify the Company with regard to the aforementioned claims. Any failure to do so shall be considered as material breach of the Agreement.
You also agree to immediately notify the Company, in the event any third-party has initiated any legal proceeding against You, in connection with your use of the website.
LIMITATION OF LIABILITY
You agree that the Company’s liability to You or any third-party who may have suffered harm as a result of Your breach of this agreement shall not exceed INR 1000. You further agree, that the Company or its Consultants shall not be liable for any direct, indirect, consequential or remote damages in connection with this Agreement. The Company shall also not be liable for any damages that may arise as a result of your misuse of the website or your breach of the obligations of this agreement. You acknowledge and agree that the Company or its consultants shall not be held liable for any damages, losses, or any other kind of liability arising out of or in connection with the actions mentioned below:
- Your use of the Second Opinion service.
- Any reliance on the advice provided in the Second Opinion service.
- Any advice or consultation which You may have received from the oncologists registered on our website, independent of the same and any reliance on such advice or consultation.
- Any other action which you may partake in connection with the services offered by the website.
DISCLAIMER OF WARRANTIES
YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL USE THIS WEBSITE AT YOUR SOLE RISK. ALL CONTENT AND SERVICES WHICH YOU ACCESS AND USE ARE SOLELY ON AN ‘AS-IS’ AND ‘AS-AVAILABLE’ BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR USE AND NON-INFRINGEMENT. NEITHER THE COMPANY NOR ANY OF ITS CONSULTANTS, LICENSORS OR AFFILIATES MAKES ANY POSITIVE REPRESENTATIONS OR WARRANTIES REGARDING ANY PROFESSIONAL OR CONSULTANT, INCLUDING, WITHOUT LIMITATION, SUCH PROFESSIONAL OR CONSULTANT’S ABILITY TO BRING OUT A DESIRED RESULT.THE COMPANY DOES NOT GUARANTEE ANY CONTENT OR SERVICES OFFERED OR PROVIDED ARE ACCURATE OR COMPLETE. THE COMPANY DOES NOT GUARANTEE THAT THE SERVICES OFFERED WILL BE ERROR-FREE OR UNINTERRUPTED. YOU AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND SOLELY AT YOUR OWN RISK. YOU FURTHER AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. THE COMPANY DOES NOT PROVIDE ANY WARRRANTY EXCEPT THOSE EXPRESSLY STATED IN THIS AGREEMENT.
COMPLIANCE WITH APPLICABLE LAWS
You agree that Your usage of this website including but not limited to the content posted, interaction with other members and the information supplied shall always be in compliance with the applicable laws. Any breach on your part of any applicable law regarding any matter or provision of this Agreement shall be construed as a material breach of this agreement. The Company can then at its sole discretion initiate legal proceedings against You and automatically terminate your Service Account with immediate effect. You agree that any such breach of applicable law may cause the Company loss of reputation and hence, You agree to reimburse the Company in terms of monetary damages for any such loss.
You agree that no provision of this agreement shall be deemed to be waived by the Company, until and unless the Company has expressly in writing consented to such waiver. Moreover, any such waiver by the Company shall not be construed as consent for any subsequent waiver.
If any provision of this agreement becomes invalid or unenforceable due the whatsoever reason, such invalidity or unenforceability shall not lead to the entire agreement becoming unenforceable. The unenforceable or invalid portion of the agreement shall be deemed to be severed from the agreement without affecting the validity of the entire agreement.
This Agreement along with any exhibits or appendices it may have shall constitute the entire agreement between the parties and supersedes any prior written or oral agreements, communications and understanding the parties may have entered into. You agree that the Company can modify this agreement at its sole discretion and You agree to consent to and abide by any such modification made.
You agree that You shall not hold the Company responsible or liable for any non-performance of any obligations under this contract including but not limited to the provision of services being offered, if such non-performance arises out of or in connection with the following events:
- Floods, fire earthquakes or any natural disaster or acts of god.
- Riots, war or any such act of violence.
- Any change in applicable laws.
- Any other reason beyond the Company’s control.
GOVERNING LAW AND JURISIDCTION
All matters, claims and any other such issues which may directly or indirectly arise from or in connection with this agreement shall be governed under the laws of India irrespective of its conflict of laws rules applicable to contracts to be performed within India. The courts at New Delhi shall have the sole and exclusive jurisdiction to hear all matters, claims or any such issues which may directly or indirectly arise from or in connection with the agreement. You agree to waive any objections pertaining to jurisdiction, venue or inconvenient forum. You agree that you shall not approach any other court except the Courts at New Delhi and a failure to do so shall be construed as a breach of the agreement.
Both the Parties expressly agree and consent to submitting for arbitration, all disputes or claims or any such issue which may arise from or in connection to the Agreement, including the determination of the scope or applicability of this agreement to arbitrate. Such arbitration shall be conducted before a sole arbitrator who shall be appointed solely at the discretion and determination of the Company. Arbitration proceedings shall be in compliance with and shall be conducted in accordance with the applicable arbitration law at that point of time. The venue of arbitration shall be New Delhi and the language of arbitration shall be English. The award shall be final and binding on both the parties.
INFORMATION FOR INTERNATIONAL USERS
You agree that for any matters or claims arising out of this agreement or Your usage of the website, Indian laws will apply.
CHANGES TO THIS NOTICE
QUESTIONS AND GRIEVANCES
If you have any queries regarding this notice/Agreement, you may contact our customer service personnel at the following email address: [insert email address]. The Company does not ensure but, our customer service personnel, shall try to the best of their capabilities to resolve your issue within 30 working days of your raising such an issue.