Hospitaliz is a platform introduced by Vaidyaa Services and Solutions Private Ltd ("Vaidyaa") through its Website and or Mobile Application called 'Hospitaliz'
All Hospitals, Blood Banks, Diagnostic Centers, for the purpose of listing, including patients, prospective patients or any other Individuals, or organisations (Collectively known and referred to as "User's", "You" or "Your") who wishes to avail treatment or treatment option across the globe can be associated with the Website or Mobile Application of Hospitaliz . Hospitaliz lets you search for and discover private healthcare providers for your specific healthcondition. You can browse through their specialities, patient reviews, photos andratings to decide where you want to go for your treatment. The Services may change from time to time, at the sole discretion of Vaidyaa, and the Agreement will apply to your visit to and your use of the Website to avail the Service, as well as to all information provided by you on theWebsite at any given point in time. You acknowledge that you will be bound by this Agreement for availing any of the Servic-es offered by us. If you do not agree with any part of the Agreement, please do not use the Web-site or avail any Services.
Hospitaliz collects, directly or indirectly, and displays on the Website, relevant informa-tion relating to Hospitals and other Associates which are updated at frequent intervals. Although Hospitaliz verifies all the information submitted it cannot be held liable for any inaccuracies or incompleteness represented from it, despite such reasonable efforts. The Services provided by Hospitaliz or any of its licensors or service providers are provided on an "as is" and "as available" basis, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). Hospitaliz does not provide or make any representation, warranty or guarantee, ex-press or implied about the Website or the Services. Hospitaliz does not guarantee the accuracy or completeness of any content or information provided by Users or anyone on the Website. To the fullest extent permitted by law, Hospitaliz disclaims all liability arising out of the User's use or reliance upon the Website, the Services, representations and warranties made by other Users, the content or information provided by the Users on the Website, or any opinion or suggestion given or expressed by Hospitaliz or any User in relation to any User or services provided by such User. The Website may be linked to the website of third parties, affiliates and business partners. Hospitaliz has no control over, and not liable or responsible for content, accuracy, validity, relia-bility, quality of such websites or made available by/through our Website. Inclusion of any link on the Website does not imply that Hospitaliz endorses the linked site. User may use the links and these services at User's own risk.
As provided by the relevant Rules and regulations, Hospitaliz hereby informs Users that they are not permitted to host, display, upload, modify, publish, transmit, update or share any information that:
belongs to another person and to which the User does not have any right to;
is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, dispa-raging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; harm minors in any way;
infringes any patent, trademark, copyright or other proprietary rights;
violates any law for the time being in force;
deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; impersonate another person;
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable of-fence or prevents investigation of any offence or is insulting any other nation.
Users are also prohibited from:
violating or attempting to violate the integrity or security of the Website or any Hospitaliz Content;
transmitting any information (including job posts, messages and hyperlinks) on or through the Website that is disruptive or competitive to the provision of Services by Hospitaliz ;
intentionally submitting on the Website any incomplete, false or inaccurate information; making any unsolicited communications to other Users;
using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website; attempting to decipher, decompile, disassemble or reverse engineer any part of the Website;
copying or duplicating in any manner any of the Hospitaliz Content or other information availa-ble from the Website; framing or hot linking or deep linking any Hospitaliz Content.
circumventing or disabling any digital rights management, usage rules, or other security fea-tures of the Software.
Hospitaliz, directly and indirectly, collects information regarding the Hospitals and others Asso-ciates, and reserves the right to display or take down any information with or without notice. This information is collected for the purpose of facilitating interaction with the End-Users and other Users. If any information displayed on the Website in connection with you and your profile is found to be incorrect, you are required to inform Hospitaliz immediately to enable Hospitaliz to make the necessary amendments. Hospitaliz shall not be liable and responsible for the ranking of the Hospitals and others Associates on external websites and search engines. Hospitaliz shall not be responsible or liable in any manner to the Users for any losses, damage, injuries or ex-penses incurred by the Users as a result of any disclosures or publications made by Hospitaliz, where the User has expressly or implicitly consented to the making of disclosures or publications by Hospitaliz. Hospitals and others Associates hereby represent and warrant that you will use the Services in accordance with applicable law. Any contravention of applicable law as a result of your use of these Services is your sole responsibility, and Hospitaliz accepts no liability for the same.
Hospitaliz shall provide access to the Hospitals and others Associates by providing a tool to up-date their information. Hospitaliz reserves the right of ownership of all the information and their requested changes.However, Hospitaliz takes the independent decision whether to publish or reject the requests submitted for the respective changes or updates. You hereby represent and warrant that you are fully entitled under law to upload all content uploaded by you as part of your profile or otherwise while using Hospitaliz services, and that no such content breaches any third party rights, including intellectual property rights. Upon becoming aware of a breach of the foregoing representation, Hospitaliz may modify or delete parts of your profile informa-tion at its sole discretion with or without notice to you.
Critical Content is content created by the Users and the clients of Hospitaliz and Hospitaliz does not take responsibility for Critical Content unless it is contrary to the applicable laws under the Information Technology Act, 2000and other applicable Laws, Rules and Regulations. Hospi-taliz shall have no obligation to pre-screen, review, flag, filter, modify, refuse or remove any or all Critical Content from any Service, except as required by applicable law. Hospitaliz will take down information under standards consistent with applicable law, and shall in nocircumstances be liable or responsible for Critical Content, which has been created by the Users. The principles set out in relation to third party content in the terms of Service for the Website shall be applicable mutatis mutandis in relation to Critical Content posted on the Website.
Any information provided by Hospitals and others Associates are inaccurate information or enabled fraudulent feedback, Hospitaliz reserves the right to immediately suspend any of your accounts with Hospitaliz and makes such declaration on the website alongside your name/your clinics name as determined by Hospitaliz for the protection of its business and in the interests of Users. 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 by Hospitaliz
In no event, including but not limited to negligence, shall Hospitaliz or any of its. directors, officers, employees, agents or content or service providers (collectively, the "Protected Entities") be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive dam-ages arising from, or directly or indirectly related to, the use of, or the inability to use, the Web-site or the content, materials and functions related thereto, the Services, User's provision of in-formation via the Website, lost business or lost End-Users, even if such Protected Entity has been advised of the possibility of such damages. Hospitaliz or any of its Protected Entities in any manner or event shall be liable for failure of Service, content posted, transmitted, exchanged or received by or other person or any unauthorized access to or alteration of your transmissions or data to End User on matters relating to the Website or the Service.
Any dispute, claim or controversy arising out of or relating to this Agreement, including the de-termination of the scope or applicability of this Agreement to arbitrate, or your use of the Web-site or the Services or information to which it gives access, shall be determined by arbitration in India, before a sole arbitrator appointed by Hospitaliz. Arbitration shall be conducted in ac-cordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be Kolkata . 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. The courts at Kolkata shall have exclusive jurisdiction over any disputes arising out of or in relation to this Agreement, your use of the Website or the Services or the information to which it gives access.
You agree that this Agreement and any contractual obligation between Hospitaliz and User will be governed by the laws of India.
If any provision of the Agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from this Agreement and the remainder of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event, the Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.
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 Hospitaliz. Any consent by Hospitaliz to, or a waiver by Hospitaliz of any breach by you, whether expressed or implied, shall not con-stitute consent to, waiver of, or excuse for any other different or subsequent breach.