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Terms & Conditions

 

Welcome to Hospitalize Portal!

 

Hospitaliz is a platform introduced by Vaidyaa Services and Solutions Private Ltd ("Vaidyaa") through its Website and or Mobile Application called 'Hospitaliz'

 

APPLICABILITY OF TERMS

 

The following Terms and Condition along with the Privacy Policy together constitute a legal agreement ("Agreement") between you and Hospitaliz in connection with your visit to the Website and your use of the Services as laid down:-

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.

Your access to use of the Website and the Services will be solely at the discretion of Vaidyaa. This Agreement defines the terms and conditions under which you are allowed to use the Website and describes the manner in which we shall treat your account while you are regis-tered as a member with us. If you have any questions about any part of the Agreement, feel free to contact us at support@vaidyaa.com. By downloading or accessing the Website to use the Services, you irrevocably accept all the conditions stipulated in this Agreement, the Subscription Terms of Service and Privacy Policy, as available on the Website, and agree to abide by them.This Agreement supersedes all previous oral and written terms and conditions (if any) communicated to you relating to your use of the Website to avail the Services. By availing any Service, you signify your acceptance of the terms of this Agreement. We reserve the right to modify or terminate any portion of the Agreement for any reason and at any time, and such modifications shall be informed to you in writing You should read the Agreement at regular intervals. Your use of the Website following any such modification constitutes your agreement to follow and be bound by the Agreement so modified. You acknowledge that you will be bound by this Agreement for availing any of the Services offered by us. If you do not agree with any part of the Agreement, please do not use the Website or avail any Services. Your access to use of the Website and the Services will be solely at the discretion of Hospitaliz.

 

DATA PRIVACY

 

Hospitaliz may by its Services, collect information or have access to registered Users' personal email or phone number, or any other data for communication purpose. The collected information will be used only for improving the quality of Hospitaliz services and to build new services. The User is expected to read and understand the Privacy Policy, so as to ensure that he or she has the knowledge that such information has been collected to retain the information required for the purpose stated. Hospitaliz shall not be responsible in any manner for the authenticity of the per-sonal information or sensitive personal data or information supplied by the User to Hospita-liz or to any other person acting on behalf of Hospitaliz. The User is responsible for maintaining the confidentiality of the User's account access information and password, if the User is regis-tered on the Website. The User shall be responsible for all usage of the User's account and password, whether or not authorized by the User. The User shall immediately notify Hos-pitalise of any actual or suspected unauthorized use of the User's account or password. Although Hospitaliz will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Hospitaliz or such other parties as the case may be, due to any un-authorized use of your account.

 

LISTING CONTENT AND DISSEMINATING INFORMATION

 

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.

 

REVIEWS AND FEEDBACK

 

By using this Website, you agree that any information shared by you with Hospitaliz will be sub-ject to our Privacy Policy. You are solely responsible for the content that you choose to submit for publication on the Website, including any feedback, ratings, or reviews ("Critical Content") relating to Hospitals and others Associates. The role of Hospitaliz in publishing Critical Content is restricted to that of an 'intermediary' under the Information Technology Act, 2000 and other permissible laws. Hospitaliz disclaims all responsibility with respect to the content of Critical Content, and its role with respect to such content is restricted to its obligations as an 'intermediary' under the said the rules, regulations, guidelines and clarifications framed there under, including the (Indian) Information Technology (Reasonable Security Practices and Proce-dures and Sensitive Personal Information) Rules, 2011(the "SPI Rules"), and the (Indian) Infor-mation Technology (Intermediaries Guidelines) Rules, 2011 (the "IG Rules"). Hospitaliz shall not be liable to pay any consideration to any User for re-publishing any content across any of its platforms. Your publication of reviews and feedback on the Website is governed by applicable laws.

 

AND OBLIGATIONS RELATING TO CONTENT

 

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.

 

GUIDELINES FOR HEALTHCARE PROVIDERS AND OTHER ASSOCIATES

 

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

 

LIMITATION OF LIABILITY

 

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.

 

APPLICABLE LAW AND DISPUTE SETTLEMENT

 

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.

 

SEVERABILITY

 

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.

 

WAIVER

 

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.

 

 

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