MOTHERS SPECIALITY HOSPITAL
Terms and Conditions
1.NATURE AND APPLICABILITY OF TERM
The Agreement applies to you whether you are -
A patient, his/her representatives/ attendant/ relative/ friend or affiliates (“you” or “User”); or A user of the Website or App (“you” or “User”).
This Agreement applies to all services made available by Mothers Speciality Hospital on the Website or App.
The Services may change from time to time, at the sole discretion of Mothers Speciality Hospital , and the Agreement will apply to your visit to and your use of the Website or App to avail the Service, as well as to all information provided by you on the Website or App at any given point in time.
This Agreement defines the terms and conditions under which you are allowed to use the Website and App and describes the manner in which we shall treat your account while you are registered as a member with us..
By downloading or accessing the App or Website to use the Services, you irrevocably accept all the terms and conditions stipulated in this Agreement and agree to fully abide by them.
This Agreement supersedes all previous oral and written terms and conditions (if any) communicated to you. By availing any Service, you signify your agreement and acceptance to this Agreement.
We reserve the right to modify or terminate any portion of the Agreement for any reason and at any time.
You should read the Agreement at regular intervals. Your use of the App or Website following any such modification constitutes your agreement to follow and be bound by the Agreement so modified. Any additional terms and conditions, disclaimers, privacy policies and other policies applicable in general and/ or to specific areas of this Website or to particular Service are also considered as part of the Agreement.
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 Mothers speciality hospital. The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but not limited to:
the Indian Contract Act, 1872,
the (Indian) Information Technology Act, 2000, and 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).
2. CONDITIONS OF USE
You must be 18 years of age or older to register, use the Services, or visit or use the Website in any manner. By registering, visiting and using the Website or accepting this Agreement, you represent and warrant to Mothers Speciality Hospital that you are 18 years of age or older, and that you have the right, authority and capacity to use the Website and the Services available through the Website, and agree to and abide by this Agreement.
3. END-USER ACCOUNT AND DATA PRIVACY
Mothers Speciality Hospital may by the Services, collect information relating to the devices through which you access the Website, location from which you access and anonymous data of your usage and record, analyses the conversation. The collected information will be used only for improving the quality of the Services and to build new services.
The Website and App allows Mothers Speciality Hospital to have access to Users’ personal email or phone number, for the purpose of communication and analytics.
The type of information collected from Users, including sensitive personal data or information;
The purpose, means and modes of usage of such information;
How and to whom Mothers Speciality Hospital will disclose such information; and,
Other information mandated by the SPI Rules.
the fact that certain information is being collected;
the purpose for which the information is being collected;
the intended recipients of the information;
the nature of collection and retention of the information; and
the various rights available to such Users in respect of such information.
Mothers Speciality Hospital shall not be responsible in any manner for the authenticity or correctness of the personal information or sensitive personal data or information supplied by the User to Mothers Speciality Hospital or to any other person acting on behalf of Mothers speciality hospital
The User is responsible for maintaining the confidentiality of the User’s account access information and password, if the User is registered on the Website or App. 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 Mothers Speciality Hospital of any actual or suspected unauthorized use of the User’s account or password. Although Mothers Speciality Hospital will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Mothers Speciality Hospital or others due to such unauthorized use.
If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Mothers Speciality Hospital has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Mothers Speciality Hospital has the right to discontinue the Services to the User at its sole discretion.
It is your responsibility to keep your correct mobile number and email ID updated in the Website or App. All reminders and notifications will be sent to the account associated with this mobile number and/or email ID. Every time you change any contact information (mobile or email), we will send a confirmation. Mothers Speciality Hospital is not responsible for any loss or inconvenience caused due to your non-updation of your contact details
Mothers Speciality Hospital may use such information collected from the Users from time to time for the purposes of debugging customer support related issues.
This facility is only enabled or created for you after you have signed up and explicitly accepted these Terms.
Information available in your Health Account is of two types:
Patient-created: Information generated and uploaded by you.
Mothers Speciality Hospital -created: Information generated by you consuming a medical service in a Mothers Speciality Hospital like consult, diagnostic test, admission, etc.
Any Mothers Speciality Hospital -created information is provided on an as-is basis and F Mothers Speciality Hospital makes no representation in connection therewith.
The accuracy, adequacy, reliability and liability of any Patient-created information generated or created by a User is the sole responsibility of the User. You fully indemnify and hold harmless Mothers Speciality Hospital with respect to any inaccuracies, inadequacy, error, loss, problem, liability or any other issue arising out of any Patient-created information entered or accessed by the You or on your behalf on the Website or App.
The personal health record facility is provided on a best-efforts as-is basis. While we strive to maintain the highest levels of service availability, Mothers Speciality Hospital are not liable for any interruption that may be caused to your access of the Services.
Any health related reminder or notification service (like medication reminder, appointment reminder, etc.) that may form part of the Services is only a supplementary way of notifying or reminding you of actions to take related to your health. Mothers Speciality Hospital is not liable if for any reason a reminder or notification is not delivered to you or are delivered late or delivered incorrectly, despite its best efforts or if your health is impacted negatively due to the same.
Mothers Speciality Hospital uses industry–level security and encryption to your personal health record. However, Mothers Speciality Hospital cannot guarantee prevention of unauthorized access if you lose your login credentials or they are otherwise compromised.
If you access your dependents’ record through your personal health record by registering your dependents with your own personal health record, you are deemed to be responsible for the records of your dependents and all obligations that your dependent’s would have had they maintained their own separate individual personal health record.
If you provide anyone else access to your personal health record, you are deemed to be responsible for all actions, access, transaction that that person takes related to your personal health record either on their own or independently. Mothers Speciality Hospital are not responsible or liable for any action, transaction, loss, leakage or any other liability arising out of this.
5.LISTING CONTENT AND DISSEMINATING INFORMATION
Mothers Speciality Hospital collects, directly or indirectly, and displays on the Website, relevant information regarding the profile and practice of the Practitioners listed on the Website, such as their specialisation, qualification, fees, location, visiting hours, and similar details. Mothers Speciality Hospital takes reasonable efforts to ensure that such information is updated at frequent intervals. Mothers Speciality Hospital cannot be held liable for any inaccuracies or incompleteness represented from it, despite such reasonable efforts.
The Services provided by Mothers Speciality Hospital or any of its licensors or Partners 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). Mothers Speciality Hospital do not provide or make any representation, warranty or guarantee, express or implied about the Website, App or the Services. Mothers Speciality Hospital do not guarantee the accuracy or completeness of any content or information provided by Users on the Website. To the fullest extent permitted by law, Mothers Speciality Hospital disclaim all liability arising out of the User’s use or reliance upon the Website, App, 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 Mothers Speciality Hospital or any User in relation to any User or services provided by such User.
The Website or App may be linked to the website of third parties, affiliates and business partners. Mothers Speciality Hospital has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through our Website or App. Inclusion of any link on the Website or App does not imply that Mothers Speciality Hospital endorses the linked site. User may use the links and these services at User’s own risk.
Mothers Speciality Hospital 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 the Website or App or the downloading of any material, data, text, images, video content, or audio content from the Website or App. If a User is dissatisfied with the Website or App, User’s sole remedy is to discontinue using the Website or App.
If Mothers Speciality Hospital determines through feedback or otherwise that you have provided fraudulent, inaccurate, incomplete or false information, Mothers Speciality Hospital reserves the right to immediately suspend your access to the Website or any of your accounts with Mothers Speciality Hospital and makes such declaration about suspension on the website alongside your name as determined by Mothers speciality hospital for the protection of its business and in the interests of Users. You shall be liable to indemnify Mothers Speciality Hospital for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected Mothers Speciality Hospital or its Users.
6. BOOKING APPOINTMENTS, DIAGNOSTIC TESTS, ORDERING MEDICINES AND INTERACTION WITH MEDICAL SERVICE PROVIDERS
While Mothers Speciality Hospital will try to ensure a confirmed appointment with a medical service provider (like doctor or diagnostic lab) for a User who requested an appointment on the Website or App, Mothers Speciality Hospital do not guarantee that the User will get a confirmed appointment. Further, Mothers Speciality Hospital have no liability if such an appointment is confirmed but later cancelled, postponed or rescheduled by the hospital or medical service provider, or the medical service provider are not available as per the given appointment time.
You understand and agree that any interactions and associated issues with other Users including but not limited to your health issues and your experiences is strictly between you and the other Users. You shall not hold Mothers Speciality Hospital responsible for any such interactions and associated issues and Mothers Speciality Hospital will not be held responsible or liable for the same. For avoidance of doubt, the Services are not to provide any healthcare or medical advice or diagnosis and hence Mothers Speciality Hospital are not responsible for any medical or other outcomes between you and the medical service providers you interact with, pursuant to any interactions on the Website or App. If you decide to engage with a medical service provider to provide medical services to you, you do so at your own risk. Mothers Speciality Hospital shall not be responsible for any breach of service or service deficiency by any medical service provider you connect, engage or transact with using the Website or App. We advise you to perform your own investigation or get feedback prior to selecting a doctor or any other service provider available on the Website or App.
Without prejudice to the generality of the above, Mothers Speciality Hospital will not be liable for:
any wrong medication or treatment quality being given by the doctor(s), diagnostic service provider(s), pharmacy(s), or any medical negligence on part of the any of the above;any type of inconvenience suffered by the User due to a failure on the part of the medical service provider including doctor to make himself/herself available at the appointed time, no show by the doctor, inappropriate treatment, or similar difficulties;cancellation or rescheduling of booked appointment or any variance in the fees charged;
any medical eventualities that might occur subsequent to using the services of a doctor, diagnostic lab services, pharmacy, whom the User has selected on the basis of the information available on the Website or App or with whom the User has booked an appointment or performed a transaction through the Website or App.
Further, Mothers Speciality Hospital shall not be liable, under any event, for any comments or feedback given by any of the Users in relation to the services provided by another User. All such feedback should be made in accordance with applicable law. The option of Users to give feedback remains at Mothers speciality hospital’s sole discretion and may be modified or withdrawn at its sole discretion. Mothers Speciality Hospital may moderate such feedback at any time. Mothers Speciality Hospital shall not be obliged to act in any manner to give effect to the content of Users’ feedback.
6. ONLINE PAYMENT ON WEBSITE AND APP
The Website and App provide you the ability to pay online through a third party payment gateway for some of the Services available on the Website or App.
7. STORAGE OF COMMUNICATION.
Providers assume no responsibility for the deletion or failure to store messages, communications, or other content maintained or transmitted through the services. The provider may establish in its sole discretion an upper limits on the extent of message, data storage it will maintain for user.
8. INTELLECTUAL PROPERTY RIGHTS
The contents of the Website and App are protected by intellectual property laws of India including without limitation to trademark and copyright laws. Reproduction, retransmission, public and/or commercial use of any or all the material on the Website and App are prohibited. The logos, service marks and trademarks ("IP Marks") displayed on the Website or App are the property of Mothers Speciality Hospital by the relevant owners for use. The User may use this material only as expressly authorized by Mothers Speciality Hospital and shall not copy, transmit or create derivative works of such material without express authorization from Mothers Speciality hospital.
The User acknowledges and agrees that they shall not upload, post, reproduce or distribute any content on or through the Website or App that is protected by copyright or other proprietary right of a third party, without obtaining the permission of the owner of such right. Any copyrighted or other proprietary content distributed on or through the Website or App with the consent of the owner must contain the appropriate copyright or other proprietary rights notice. The unauthorized submission or distribution of copyrighted or other proprietary content is illegal and could subject the User to personal liability or criminal prosecution. Nothing on the Website or App should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any trademarks without written permission from Mothers Speciality hospital.
Mothers Speciality Hospital reserves the right to suspend or terminate a User’s access to the Website and the Services with or without notice and to exercise any other remedy available under law where:
Such User breaches any terms and conditions of the Agreement;
A third party reports violation of any of its right as a result of your use of the Services;
Mothers Speciality Hospital is unable to verify or authenticate any information provided to Mothers Speciality Hospital by a User;
Mothers Speciality Hospital has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User; or
Mothers Speciality Hospital believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for Mothers Speciality Hospital or are contrary to the interests of the Website.
Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Website under the same account, a different account or re-register under a new account. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages, files and other material kept on the Website by such User. The User shall ensure that he/she/it has continuous backup of any medical services the User has rendered in order to comply with the User’s record keeping process and practices.
10. DISCLAIMER OF WARRANTIES
All information available on the Website or App, (the “Information”) is provided on the condition that the User will make independent determination in respect of its accuracy, completeness or usefulness suitability prior to use or making any decision for any loss or damage in reliance hereof. Mothers Speciality Hospital will not be responsible for the same. Further Mothers Speciality Hospital will not be responsible or liable in any manner for any data added, provided, stored or managed by the User including all personally identifiable information
The Information does not constitute an invitation or recommendation to take medical services from Mothers Speciality Hospital nor is such Information a substitute for professional advice or solicitation in respect of medical services/ products or recommendation thereof. Mothers Speciality Hospital urges the Users to seek the advice of professionals, as appropriate, regarding the evaluation of any specific opinion, advice, product, service, or other Information.
All information on the Website is provided to you "as is" without warranty of any kind either express or implied including, but not limited to implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy. In no event shall Mothers Speciality Hospital be liable for any special, direct, indirect or consequential damages or any damages whatsoever resulting from loss, whether in an action of contract, negligence or other tortuous action, arising out of or in connection with the use or performance of information. All information available on a hyper-link site and any third party is subject to the terms and conditions of the legal notices contained therein.
11. LIMITATION OF LIABILITY
The information available on the Website or App could include inaccuracies or typographic errors. Mothers Speciality Hospital has endeavored to ensure that all the information on the Website is correct, but Mothers Speciality Hospital neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data or information contained. Mothers Speciality Hospital makes no warranty, express or implied, concerning the website or App and/or its contents and disclaims all warranties of fitness for a particular purpose and warranties of merchantability in respect of Services, including any liability, responsibility or any other claim, whatsoever, in respect of any loss, whether direct or consequential, to any user or any other person, arising out of or from the use of the information contained in the website.
In no event shall Mothers Speciality Hospital be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from: (a) the use or the inability to use the Services; (b) unauthorized access to or alteration of the User's transmissions or data; (c) any other matter relating to the services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the website. Neither shall the Company be responsible for the delay or inability to use the Website, App, Services or any related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Website or App, or otherwise arising out of the use of the Website or App, whether based on contract, tort, negligence, strict liability or otherwise. Further, Mothers Speciality Hospital shall not be held responsible for non-availability or access to the Website or App during periodic maintenance operations or any unplanned suspension of access to the Website that may occur due to technical reasons or for any reason beyond hospital control. The user understands and agrees that any material and/or data downloaded or otherwise obtained through the website is done entirely at his/her own discretion and risk and the User himself/herself will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data. These limitations, disclaimer of warranties and exclusions apply without regard to whether the damages arise from (a) breach of contract, (b) breach of warranty, (c) negligence, or (d) any other cause of action, to the extent such exclusion and limitations are not prohibited by applicable law.
User agrees to indemnify and hold harmless Mothers Speciality hospital, its affiliates, officers, directors, employees, consultants, licensors, agents, representatives and Partners from 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 Service, 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. F Mothers Speciality Hospital will notify you promptly 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.
13. APPLICABLE LAW AND DISPUTE SETTLEMENT
You agree that this Agreement and any contractual obligation between the Company and User will be governed by the laws of India.
Subject to the above Paragraph above, the courts at Chennai 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.
14. CONTACT INFORMATION GRIEVANCE OFFICER
If a User has any questions concerning the Website or App, this Agreement, the Services, or anything related to any of the foregoing, please write to us at email@example.com.
In accordance with the Information Technology Act, 2000, and the rules made there under, if you have any grievance with respect to the Website or App or the Service, including any discrepancies and grievances with respect to processing of information, you can contact our Officer at:
Mothers Speciality Hospital,
No.36 , Old township office road, Venkatapuram
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 Mothers Speciality hospital. Any consent by Mothers Speciality Hospital to, or a waiver by Mothers Speciality Hospital of any breach by you, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
The Terms and Conditions doesn't just limit your legal liability. It serves as the backbone for a clear agreement between Mother Specialty Hospital and the user. Both parties understand their legal rights and responsibilities, which makes both app development and usage more enjoyable