This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
This document is published in line with the provisions of the Rule 3 (1) of Information Technology (Intermediaries Guidelines and Digital Media Ethics code) Rules, 2021 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of the mobile application ioncare or any website variant thereof (hereinafter referred to as “Platform” or “ioncare”).
Aena Healthcare Private Limited (“us”, “we”, or “ioncare”, which also includes its affiliates) is the author and publisher of the internet resource www.ioncare.in (“Website”) on the world wide web as well as the software and applications provided by ioncare, including but not limited to the mobile application ioncare.
Your use of the Platform shall at all times be governed by the following terms and conditions ("Terms of Use") as applicable to the Platform including the applicable policies (as amended from time to time) which are incorporated herein by way of reference. If You transact on the Platform, You shall be subject to the policies that are applicable to the Platform for such transaction. By mere use of the Platform, You shall be contracting with the Company and these Terms of Use including privacy policy and the other applicable policies as amended from time to time (“Agreement”) constitute Your binding obligations, with the Company.
For the purpose of these Terms of Use, wherever the context so requires "You" or "User" shall mean any natural or legal person who has agreed to access and use the Platform. The Platform will primarily enable Users to consult qualified and registered medical practitioners (“Doctors”), and avail nursing ,health attendant , diagnostic/ medical testing related services offered by service providers who have registered themselves on the Platform, collectively referred to as “Practitioners”. You may use the Platform to avail the services being offered by Practitioners and other health related services enabled on the Platform from time to time.
Accessing, browsing or otherwise using the Platform indicates your agreement to the Terms of Use, so please read the Terms of Use carefully before proceeding. As long as You comply with this Agreement, We grant You a personal, non-exclusive, non-transferable, limited privilege to access and use the Platform.
When You use any of the services provided through the Platform, You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. We reserve the right to change, modify, add or remove portions of these Terms of Use. In case of any updates/changes will be mentioned in terms and conditions on the platform. Your continued use of the Platform post the updates/ changes will mean that You accept and agree to the revisions. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Platform.
The Platform will broadly enable Users to avail, inter alia, the following services (“Services”):
Creation and maintenance of an account specific to you (“Health Records”), which you may use to store information, documents, reports and prescriptions pertaining to your health/medical condition, whether provided by Practitioners or external medical professionals;
Browse through profiles of Practitioners, book appointments, attend consultation sessions and avail medical/health related services offered by Practitioners through the Platform;
Be able to access, upload, store and/or download information, reports, documents. (together "User Content"),
Access health related articles and content uploaded by third parties;
Share User Content and/or other information, as permitted.
Only persons who can form legally binding contracts under Indian Contract Act, 1872 may access and/or transact on the Platform. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including un-discharged insolvent etc. are not eligible to use the Platform. If you are a minor i.e. under the age of 18 years, you may use the Platform or access content on the Platform only under the supervision and prior consent/ permission of a parent or legal guardian. As a minor if you wish to transact on the Platform, such transaction on the Platform may be made by your legal guardian or parents. We reserve the right to terminate your membership and / or refuse to provide you with access to the Platform if it is brought to our notice or if it is discovered that You are incompetent to contract.
The Platform will broadly enable Users to avail, inter alia, the following services (“Services”):
In order to avail the Services, you will be required to create a Profile. Your Profile will be personal to you, and you will control all information stored in your Health Account. For availing certain Services, Practitioners may need access to certain information in your Health Records, which you can choose to provide. Reports like prescriptions, test results generated by Practitioners that pertain to any Services you may avail through the Platform will be stored in your Health Records. During consultations with Doctors, you can choose to share these reports with the Doctors.
You shall be responsible for maintaining the confidentiality of the account credentials linked to your Health Records including your username and password and You shall be responsible for all activities that occur through your account. We recommend that you maintain accurate and updated information at all times in your Health Records, to enable Practitioners to cater your needs properly. If we detect any misuse of your Health Records or non-adherence to the Terms of Use, we may indefinitely suspend or terminate or block access to your account on the Platform and refuse to provide You with access to the Platform.
It is your responsibility to ensure that all information entered by you is up to date on the Platform at all times.
You agree that the Company shall not be liable or responsible for the activities or consequences of use or misuse of any information that occurs under your account in cases, including, where You have failed to update your contact details on the Platform.
When You use the Platform or send emails or other data, information or communication to us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from Us as and when required. We may communicate with you via email or by other mode of communication, electronic or otherwise.
You will be able to browse through the profiles of Practitioners and view certain information about each Practitioner including practice areas, specialisation, location and availability. All such information is directly provided on the Platform by the Practitioners. While the Company has done a general due diligence during onboarding of Practitioners by exercising reasonable efforts to verify the identity, qualifications and credentials of the Practitioners, the Practitioners are empanelled on the Platform basis their representations to the Company.
In order to book an appointment with a Practitioner, you will be able to view time slots indicating such Practitioner’s availability, as updated by the Practitioner. The available time slots are shown taking into consideration other appointments that such Practitioner may have been booked for, and the Company has no control over the same.
Prior to booking an appointment with a Practitioner, we recommend that you peruse the terms of service specified by such Practitioner.
Your selection of a certain time slot will constitute an offer to the Practitioner to avail Services of such Practitioner at the selected time slot and confirmation of such appointment will be subject to the Practitioner’s acceptance of the time slot selected by You. Acceptance of a time slot by a Practitioner will constitute a “Confirmed Appointment”.
For Confirmed Appointments with Doctor or Diagnostic Personnel or any ion care professional, you will need to be present at the venue communicated to us during appointment booking.
In addition to your obligation to adhere to these Terms of Use at all times during your use of the Platform, each Consultation Session will be subject to, and governed by terms of service specified by each Practitioner, over which the Company has no control.
Any prescription, diagnosis or advice provided to the User by a Practitioner through a Consultation Session on the Platform, will be provided based on the Practitioner’s analysis of the User’s condition gauged through the online video consultation between the User and the Practitioner. The User assumes full knowledge and agrees to the risks and limitations associated with the Telemedicine Services where the Practitioners on the Platform will not be conducting physical examination of the Users. However junior doctor /health care professional who have passed through training and hiring standards appointed by ion care will be conducting physical examination.The Practitioners may not have or be able to derive important information that is usually obtained through a physical examination by way of an ‘in-person consultation’ by practitioner himself/herself.
During a Consultation Session, the Practitioner may ask you to make available your medical history, reports and records with them, if any, as may be required by the Practitioner.
The Company is not in any manner responsible for any drug/medicines or therapy prescribed by the Practitioner.
Any prescription provided by the Practitioner can be stored by the User in the Account in electronic form, for access by the User at a later stage, sharing with another Practitioner on the Platform or by downloading on the device.
All interactions, communication including sharing of images/ videos of affected body parts and associated issues by the User with the Practitioner on Platform including but not limited to the User’s health issues and/or the User’s experiences is strictly between the User and the Practitioner and shall be subject to User doctor confidentiality. The Company shall not be responsible for any media or information shared by the User with the Practitioner.
In any of the abovementioned events, the Practitioner will have the option to discontinue such consultation and not address the concerns of the User. In case the Practitioner reports such User, the Account of such User or such User’s access to the Platform may be suspended or terminated.
Any interaction between a User and Practitioner in relation to any consultation or provision of services outside the Platform for exchange of money shall be at the User’s own risk and responsibility
We shall not be responsible for any interruption in communication during the interaction over video conferencing between the User and the Practitioner due to technical or network failure or other reasons.
Cancellation by the User: In an instance where the User who has booked an appointment on the Platform and has not turned up for the appointment without cancelling, rescheduling, or informing the US in advance about the same, no fees shall be refunded to the User. However, in cases where the User has decided to cancel the booking within cancellation timelines specified on the Platform, such cancellation may be subject to a cancellation charge as indicated on the Platform and decided at the sole discretion of the Practitioner.
Cancellation by the Practitioner: In the event that, the Practitioner with whom the User has booked an appointment, has not been able to connect , the User will need to write to us at support@ioncare.in within five (5) days from the occurrence of such event; in which case, the entire fees shall be refunded to the User within the next five (5) business days in the original mode of payment done by the User while booking.
The Company is providing an internet enabled technology platform, to Users to connect with Practitioners listed on the Platform for medical consultation, through means available on the Platform.
A User’s selection of a time slot for an appointment is an offer by the User for a consultation at such time, and it shall not be construed as Practitioner's acceptance of User's offer. In the event a Practitioner is unable to accept an appointment at Your selected time slot, You will be intimated of the same by way of a Platform notification/email/SMS. Any consultation fee paid by User in case of such non-acceptance by Practitioner, shall be refunded to the User by the Practitioner.
The Company does not make any representation, warranty or endorsement with respect to the services offered by Practitioners.
The Company is not responsible for any non-performance or breach of any contract entered into between Users and Practitioners. The Company shall not and is not required to mediate or resolve any dispute or disagreement between Users and Practitioners.
Creation of an account for use of the Platform is free for Users. The Company does not charge any fee for browsing and buying on the Platform. The Company reserves the right to change its fee policy from time to time. Any changes to the fee policy shall be posted on the Platform and such changes shall automatically become effective immediately after they are posted on the Platform. Unless otherwise stated, all fees shall be quoted in Indian Rupees.
The Platform is operated from India and the Company makes no representation that the Services and content on the Platform including but not limited to information, text, graphics, images, logos, button icons, illustrations, software code, design, graphics and audio, video, written and other material including programs and codes and the collection, arrangement and assembly of content (“Platform Content”) will be available in other locations. Platform may refer to products, programs and services that may not be available in your region/country. Users must comply with all laws applicable to them in relation to the use of the Platform and its information and Contents.
The Platform is primarily for and as a matter of general convenience of the User for broad informational purposes to which the Platform Contents relate. Promotions and advertisements of and use of products and services, as also access and linkages to websites and other applications (including of third parties) may also be enabled by the Company at its discretion.
By using the Services, you represent and warrant that you own or in any event have the right to post and/or submit the User Content, free of restrictions, and this will not result in infringing any right of any person or entity, including any intellectual property rights.
Further, you agree that the information provided to us by you (“Data”) generally and in some cases for you to seek certain Services including interactions with the Practitioners, which you may choose to do on a voluntary basis, through Platform will be governed by our Privacy Policy at Privacy Policy. Platform shall not be responsible in any manner for the authenticity of the Data (including personal information or sensitive personal data or any other information) supplied by the User to Platform or to any other person acting on behalf of Platform.
The User is responsible for maintaining the confidentiality of the information stored in the Account and related access information. The User shall be responsible for all usage of the Account, whether or not authorised by the User.
The User shall immediately notify Platform of any actual or suspected unauthorised use of its Account. Platform shall not be liable for any losses caused by any unauthorised use of your Health Account. If a User provides any Data and/or information that is untrue, inaccurate, infringing, not current or incomplete (or becomes untrue, inaccurate, infringing, not current or incomplete), or Platform has reasonable grounds to suspect that such Data and/or information provided by User is untrue, inaccurate, infringing, not current or incomplete, Platform has the right to delete such Data and/or information and discontinue the User Health Account and Services to such User at its sole discretion. You will be liable for our losses or losses of such other parties, as the case may be, caused due to any unauthorised use of your Health Account.
If you provide another User’s Data to create their Account to avail the Services on Platform, you represent and warrant that you have all rights, consents and authorizations required for such purpose under applicable law and you shall be deemed to be responsible for the User Content of such User and all obligations that such User would have had under this Agreement, if they created their own separate Account with Platform shall be your sole responsibility.
All information created by a Practitioner is provided on an "as-is" basis and Platform does not validate the said information and makes no representation in connection therewith. Platform is not responsible for any such information provided and/or created by a Practitioner. A User should contact the Practitioner to point out any discrepancies or add, delete, edit or modify such information in any manner. The Account is provided on a “best-efforts” and “as-is basis”. While we strive to maintain the highest levels of service availability, we and/or Platform is not liable for any interruption that may be caused to your access to the Account and/or related Services.
It is your responsibility to enter and maintain your correct updated access information and/or your updated Data in your Account. User created information and related Data shall be stored in the Account associated with the respective User provided contact mobile number. Every time you change your contact information, we may validate the same before updating such information in our systems. Platform is not responsible for any loss or inconvenience caused due to your non-performance with regards to your Health Account.
You understand that as part of your registration process as well as in course of your use of the App, you may receive SMS or email communication or both from Platform on your contact information registered with or provided to us. These communications will relate to Your registration, Services provided by Platform, transactions that you carry out through the App and any such information found suitable of your attention by Platform. Please note that Platform will send these communications only to the mobile number that you provide on the App. It is your responsibility to ensure that you provide the correct number for receiving the communication. Further, Platform may also send notifications and reminders to you for the features that you may be using on the App. You hereby consent to receive such communications from Platform.
Platform App may send notification to your device with the registered mobile number which shall only be a supplementary way of reminding you to perform your activities as prescribed by your Practitioner or Data which Platform may send as general suggestion to a User. In case you do not wish to receive the reminders/ suggestions, you can switch it off through the Platform App. However, mandatory notifications may still be sent to you.
Platform uses industry standard security measures and encryption of your Account. However, Platform cannot guarantee and/or prevent unauthorised access, if you lose your device/mobile phone or if your Account is otherwise hacked or compromised due to your actions or inactions. Safeguarding your login credentials, access information and your Data with regards to your User Account is your responsibility and Platform encourages you to report any actual or suspected breach of your Health Account to support@ioncare.in at the earliest. You shall be responsible for all activity conducted through use of your Health Account.
Platform will allow you, at your risk, option and discretion, to securely share Data and other information (as applicable), using the available share functionality within the Website and/or the App, as applicable through your Account. The User is responsible for such information, the access and sharing of the same and with whom he/she shares it with. Platform shall not be liable for any breach and/or loss resulting due to such sharing of the information by the User.
Your Practitioner is responsible for sending and/or assigning the relevant records, information and/or Data to the relevant User. Platform shall not be responsible and/or held liable for any of your Practitioner’s errors with respect to providing your information.
Users shall not access Platform, the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking, commercial or competitive purposes.
You as a User hereby represent and warrant that you will use Platform and the Services in accordance with applicable law. Any contravention of applicable law as a result of your use of Platform and related Services is your sole responsibility, and Platform accepts no liability for the same.
Your use of each Service confers upon you only the rights and obligations relating to such Service, and not to any other service that may be provided on Platform.
The Company may disclose or transfer Data and/or any information in the manner as provided for in our Privacy Policy at Privacy Policy
USE OF PLATFORM IS AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES OR UNDERTAKINGS OR GUARANTEES OF ANY KIND FOR ANY PURPOSE WHATSOEVER, AND WE DO NOT ASSUME ANY LIABILITY, IN RELATION TO THE (AND IN RELATION TO THE USE OF) PLATFORM, CONTENTS, MATERIALS, PRODUCTS, SERVICES, THIRD PARTY WEBSITES OR OTHER APPLICATIONS OR SERVICES THAT MAY BE ACCESSED THROUGH PLATFORM. WITHOUT PREJUDICE TO THE GENERALITY OF THE FOREGOING, AND IN ANY EVENT WE DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED) IN THIS REGARD WHETHER ARISING BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING ANY AND ALL REPRESENTATIONS OR WARRANTIES RELATING TO (A) MERCHANTABILITY, (B) FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT WE KNOW, OR HAVE REASON TO KNOW OR HAVE BEEN ADVISED OR ARE OTHERWISE AWARE OF ANY SUCH PURPOSE), (C) NON-INFRINGEMENT OR CONDITION OF TITLE, AND (D) THAT PLATFORM WILL OPERATE WITHOUT INTERRUPTION OR ERROR OR SHALL BE BUG OR VIRUS OR ERROR FREE. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED ON ANY REPRESENTATION OR WARRANTIES. THIS DISCLAIMER AND EXCLUSION WILL APPLY EVEN IF ANY EXPRESS REPRESENTATION OR WARRANTY IF ANY SET FORTH IN THIS AGREEMENT IS BREACHED AND/OR IS UNTRUE.
Platform Content is not intended to be complete or accurate or updated and is not a substitute for any information or other medium of providing or obtaining information. We do not represent or warrant (nor do we assume any liability in this regard) the accurateness or the completeness of Platform Content and we disclaim all liability for any errors or omissions contained in Platform Content or any failure to update or correct Platform Content and the services by Platform which is on “as-is” and “with all faults and risks basis”, and we also do not make any representations or warranties (nor do we assume any liability in this regard) for anything or any matter relating to or arising out of any promotions, advertisements of or use of any products and Services, or use by you of other websites and other applications (including of third parties) (including without limitation as to whether such third parties have all proprietary or intellectual property rights to display / use any content or material). Access to or use of such websites and other applications by you shall mean you have agreed to the relevant provider’s terms, including privacy policies, and those relating to access and use..
PLATFORM AND/OR WE ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT USER’S EQUIPMENT ON ACCOUNT OF USER’S ACCESS TO, USE OF, OR BROWSING PLATFORM OR THE DOWNLOADING OF ANY CONTENT, MATERIAL, DATA, TEXT, IMAGES, VIDEO CONTENT, OR AUDIO CONTENT FROM THE PLATFORM.
AS A USER OF PLATFORM, YOU SHOULD MAKE YOUR OWN ENQUIRIES BEFORE ENTERING INTO ANY TRANSACTION ON THE BASIS OF OR IN RELIANCE UPON THE PLATFORM CONTENT. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR EMPLOYEES, OFFICERS, AGENTS AND CONTRACTORS EXCLUDE ALL LIABILITY FOR ANY LOSS OR DAMAGE (INCLUDING WITHOUT LIMITATION, INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGE) ARISING FROM THE USE OF, OR RELIANCE UPON THE PLATFORM CONTENT WHETHER OR NOT THIS IS CAUSED BY A NEGLIGENT ACT.
By accessing, downloading and using Platform (as applicable), you agree that any information shared by you with Platform will be subject to our Privacy Policy available at Privacy Policy. You are solely responsible for all the information, Data and the User Content that you choose to submit or share on Platform. Platform disclaims all responsibility with respect to the content of critical nature And Platform shall not be liable to pay any consideration to any User for re-publishing any content across any of its platforms.
The views and opinions expressed in articles, posts and other written material as uploaded on the [Platform blog] section, are solely those which are attributable to the author and shall constitute User Content under this Agreement. All provisions of this Agreement with respect to User Content shall be applicable to all such material accessible to Users in the said section of Platform.
Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use Platform.
Force Majeure: Platform shall not be liable for any downtime or delay or unavailability of the App or Website caused by circumstances beyond Platform’s reasonable control, including without limitation, cyber-attacks, acts of God, acts of government, pandemics, epidemics, floods, fires, earthquakes, civil unrest, acts of terror, strikes or other labour problems, internet service provider failures or delays, or denial of service attacks.
Save as is otherwise permitted in the above, you shall not use Platform Content and related material or the Platform Content in any manner for any purpose.
Platform may contain links to websites operated by third parties ("Third Party Websites"). We do not have any influence or control over any such Third Party Websites and, unless otherwise stated, we are not responsible for and do not endorse any Third Party Websites or their availability or contents. We do not maintain, sponsor or recommend any Third Party Websites, though Platform may contain advertisements. We do not assume any responsibility for them or their content or accessibility. In particular, we shall not be liable for any infringement of intellectual property rights of any person, or any information or opinion on Third Party Websites. Your use of those linked sites, mobile software applications, and services are subject to the terms of use and privacy policies of each such website(s), applications and or service(s).
Usage of Youtube APIs: In order to view certain content using the IONCARE website/application, you may be redirected to Youtube. For this purpose, the Company integrates certain APIs owned or operated by Youtube with due permissions from Youtube. Your access and use of such content and provision of information shall at all times, subject to the YouTube Terms of Service https://www.youtube.com/t/terms and Google’s Privacy Policy provided at https://policies.google.com/privacy
Platform, Platform Contents and/ or any Services under Platform are accessed through the World Wide Web, which is independent of Platform. Your use of the World Wide Web is solely at your own risk and subject to all applicable laws and regulations. We have no responsibility for any information or service obtained by you on the World Wide Web.
We accept no responsibility for advertisements and/or promotional materials contained within Platform and/or provided through Platform. If you agree to purchase goods and/or services from any third party who advertises through Platform, you do so at your own risk and responsibility. The advertiser and/or related third party, not AHPL, is answerable and/or responsible for such goods and/or services purchased by you and if you have any queries or complaints in relation to them, your only recourse is against the advertiser and/or related third party.
You shall not (without limiting your other obligations under this Agreement):
restrict or inhibit any other User from using or enjoying Platform, including without limitation by means of "hacking" or defacing any portion of Platform;
transmit any information or software that contains a virus, worm, time bomb, bot, Trojan horse or other harmful or disruptive component;
indulge in cyber stalking, scraping, crawling or become or create a nuisance for any User of Platform;
use Platform to conduct, or solicit the performance of, any unlawful activity or other activity which infringes the rights of others;
interfere with or disrupt Platform or any Services provided thereon or thereby, or any servers or networks or operating systems connected to Platform, or disobey any requirements, procedures, policies or regulations of networks connected to Platform;
use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of Platform, Platform Contents, Services, Data, information or related materials provided on and/or through Platform;
reproduce, duplicate, copy, sell, resell or exploit for any commercial or unlawful purposes, the Contents, Services, Platform Content, information or related materials provided on and/or through Platform or any portion thereof, your right to use Platform, or your right to access any Services offered or made available on or through Platform; or
frame or mirror Platform or any portion thereof.
If you misuse the Website, App or Platform Content, or if your User Content infringes on another party’s intellectual property rights, or if you violate any provisions of these Terms, you understand and acknowledge that we may remove such content either in whole or in part and suspend or terminate your access/ usage rights to Platform. Further, for any such misuse you also agree to indemnify RDHL based on the indemnification provision below.
To the maximum extent permitted by law, we, as well as our affiliates and officers, directors, employees and agents, will not be liable to you or anyone else for any direct or indirect / consequential / special / punitive damages or losses, personal injury, mental anguish, emotional distress, or any other personal loss (whether under law, contract or torts) that result from the access to or use of, or inability to access or use of, Platform, websites or other applications, or relating to the products or services received / to be received by use of Platform. If you are dissatisfied with any matter in relation to any of the above, or with any of these terms of this Agreement, please cease to use the Platform.
User agrees to indemnify and hold harmless Platform its affiliates, and its and their officers, directors, employees, consultants, licensors, agents, business partners and representatives from and against any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from User’s access to or use of Platform, Platform Contents, Third Party Websites, Data, Services, applications or content, or products or services, or from posting / submitting anything and, violation of this Agreement, or infringement, or infringement by any other User of his/her/its account, of any intellectual property or other right of any person or entity. Platform will notify you of any such claim, loss, liability, or demand, and in addition to your foregoing obligations, you agree to provide us with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost. This clause will survive these Terms and will continue even after you cease to use Platform.
Disputes: Any and all claims and disputes, if cannot be amicably resolved between User and AHPL shall be finally settled by reference to arbitration under the Arbitration and Conciliation Act, 1996 including any amendments or re-enactments ("Arbitration Rules") and to be administered by a sole arbitrator and appointed pursuant to the Arbitration Rules. The arbitration proceedings shall be held in Surat, India. The arbitration proceedings shall be conducted in the English language. Notwithstanding the foregoing, we may seek appropriate interim or provisional reliefs including any injunctive reliefs in any court having jurisdiction over the subject matter thereof to enforce and/or prevent breach of our rights and remedies in and arising out of this Agreement.
Governing law and jurisdiction: This Agreement shall be governed by the laws of India without giving effect to principles of conflict of laws and all disputes and differences hereunder shall be subject to the sole and exclusive jurisdiction of the courts situated at Surat, India.
Assignment: The usage of Platform, Services, Website and the App is personal to you and you shall not assign or transfer this right to any third person.
Entire Agreement: This Agreement contains the entire understanding and supersedes all prior understandings between the parties relating to the subject matter herein and this Agreement cannot be changed except in writing or changed by AHPL in the manner as provided in this Agreement.
Waiver: Any failure by us to enforce this Agreement, for whatever reason, shall not necessarily be construed as a waiver of any right to do so at any time.
Severability: If any portion of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, that portion will be construed consistent with applicable law as nearly as possible, and the remaining portions will remain in full force and effect.
On termination of your Health Account, you shall no longer have access to information, User Content, Data, messages, files and other materials provided by you to Platform and/or maintained on Platform by you. We shall not be liable for any loss of Data on termination of your Health Account. You are responsible to maintain backup of any such Data and/or information you have provided.
Aena healthcare Private Limited,3rd floor,Sahaj Hospital,53,Navjivan Society,Opp. Dabholi BRTS,Dabholi char rasta,Ved road,Surat-395004
Disclaimer: USE OF THE SERVICE IS AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES OR UNDERTAKINGS OR GUARANTEES OF ANY KIND FOR ANY PURPOSE WHATSOEVER, AND WE DO NOT ASSUME ANY LIABILITY, IN RELATION TO THE (AND IN RELATION TO THE USE OF) SERVICE. WITHOUT PREJUDICE TO THE GENERALITY OF THE FOREGOING, AND IN ANY EVENT WE DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED) IN THIS REGARD WHETHER ARISING BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING ANY AND ALL REPRESENTATIONS OR WARRANTIES RELATING TO (A) ACCURACY, (B) FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT WE KNOW, OR HAVE REASON TO KNOW OR HAVE BEEN ADVISED OR ARE OTHERWISE AWARE OF ANY SUCH PURPOSE), (C) NON-INFRINGEMENT OR CONDITION OF TITLE, AND (D) THAT SERVICE WILL OPERATE WITHOUT INTERRUPTION OR ERROR OR SHALL BE BUG OR VIRUS OR ERROR FREE.
Limitation of Liability: To the maximum extent permitted by law, we, as well as our affiliates and officers, directors, employees and agents, will not be liable to you or anyone else for any direct or indirect / consequential / special / punitive damages or losses, personal injury, mental anguish, emotional distress, or any other personal loss (whether under law, contract or torts) that result from the access to or use of, or inability to access or use of, the Service. If you are dissatisfied with any matter in relation to any of the above, or with any of these services offered , please cease to use the Service.
20.Medical practitioners may prescribe medications when medically indicated in their sole professional judgement. In the event that a medical practitioner does prescribe a medication, it will be his/her duty to comply with all applicable laws and we advise them to prescribe a medication as determined appropriate in his/her sole discretion and professional judgement. You agree that any prescriptions that you acquire from a medical practitioner by/through the Service shall be solely for your personal use. You agree to fully and carefully read and follow all instructions provided to you by the medical practitioner and all product information and labels and to contact a physician or pharmacist if you have any questions regarding the prescription.
1. Cancellation done 12 hours prior to the time of appointment,will incur a deduction of 100/- and balance will be refunded via online mode if payment for the said appointment is done by online mode.If the payment mode is cash on delivery then patient is liable to pay 100/- cash for cancellation of appointment.
2. For cancellation and/or no presence of a patient on scheduled time of appointment at mentioned address during appointment booking ,no refund will be given.