Medi360™ - TERMS OF USE

Terms of use for the Site

By using our website, you hereby consent to our terms, as detailed below.

All the information on this website is published in good faith and for general information purpose only. We do not make any warranties about the completeness, reliability and accuracy of this information. Any action you take upon the information you find on this website, is strictly at your own risk. We will not be liable for any losses and/or damages in connection with the use of our website.

From our website, you can visit other websites by following hyperlinks to such external sites. The Website provides content from other Internet websites or resources and while we try to ensure that material included on the Website is correct, reputable and of high quality, we shall not be held liable or responsible if this is not the case. We will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Website.

Please be aware that when you leave our website, other sites may have different privacy policies and terms which are beyond our control. Please be sure to check the “Privacy Policies” of these sites as well as their “Terms of Service” before engaging in any business or uploading any information.

If you require any more information or have any questions about our site’s terms of service, please feel free to contact us by email at support@medi360.in.

Terms of use for Subscribers

If you think you may have a medical emergency, call your doctor or emergency services immediately.

Introduction

Medi360 refers to a set of online and door to door services operated and managed by Prosperita Medi360 Pvt. Ltd. (“We”, “Us”, “Company”). We offer a variety of online products and services enabled by telephone, internet, online messaging, online chat, smartphone apps and other methods (“Services”).

The following terms and conditions of use (“Terms”, “Terms of use”, “Agreement”) govern your use of www.medi360.in and all its sub-domains and related sites as well as the mobile apps on several platforms offered by the Company. Collectively, all of these sites and apps and the services offered through them will be referred to in this document hereafter by the terms “website” or “Site”. These terms form an agreement between you (“user”, “I”) and the website. By using this website, it is implied that you accept to be bound by all the terms and conditions. We reserve the right to change the terms and conditions of this User Agreement from time to time without any obligation to inform you and it is your responsibility to look through them as often as possible. You understand that the terms may be revised from time to time, and you understand and agree that you are bound by such terms till you access this website. If you have any queries about the terms and conditions of this Agreement or have any complaints, comments on or about the website, please email us at support@medi360.in.

Eligibility to use

Use of the Website is available only to persons who can form legally binding contracts under applicable law. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 are not eligible to use the Website. We reserve the right to terminate your membership and refuse to provide you with access to the Website at our sole discretion. The Website is not available to persons whose membership has been suspended or terminated by us for any reason whatsoever. If you are registering as a business entity, you represent that you have the authority to bind the entity to this User Agreement. We make no representation that any products or services referred to in the materials on this Website are appropriate for use, or available outside India. Those who choose to access this Website from outside India are responsible for compliance with local laws if and to the extent local laws are applicable.

Registration

In order to use the Website, you must register for an account with us (“Account”). You represent and warrant that the registration and any Account-related information you provide is accurate and will be kept up-to-date. You alone are responsible for any and all activity that occurs in the Website through your Account, and you agree to immediately notify us upon becoming aware of any unauthorized use of your Account or any other breach of security related to the Website.

Ownership/Restrictions

The Website is owned and provided by us. You are granted a limited, revocable, non-transferable, non-exclusive license to use the Website on computers, smartphones or other mobile devices that you own or control. We can terminate this license at any time and with or without any reason. The Website’s layout, content, graphics, photographs, images, audio, video, processes, trademarks, service marks, trade names and other information including, without limitation, the “look and feel” of the Website (“Content”) contained in the Website are proprietary to us, our affiliates and/or third-party licensors. The Content is protected by Indian and international copyright and trademark laws, and you may not modify, copy, reproduce, publish, post, transmit, distribute, display, perform, create derivative works from, transfer or sell any Content.

Any use of this Website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the explicit permission of us . All information displayed, transmitted or carried on the Website is protected by copyright and other intellectual property laws. Copyrights and other intellectual property in respect of the some of the content on the Website may be owned by the third parties. This site is designed, updated and maintained by us or our licensors. You shall not modify, publish, transmit, transfer, sell, reproduce, create derivative work from, distribute, repost, perform, display or in any way commercially exploit any of the content available on the Website.

Intent of Website

The material and information available on this Website is intended for informational purposes only, and does not constitute health or other advice nor should it replace consultations with qualified medical or other relevant professionals in your jurisdiction. Do not use this site or any of our services for emergency medical needs. You understand that, in case of a medical emergency, you must consult a qualified medical provider or other relevant professionals in your jurisdiction. Please consult a healthcare professional or other advisor for specific recommendations about your condition.

We do not recommend or endorse any specific tests, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by any professional through the Site, employees, others appearing on the Site at our invitation, or other visitors to the Site is solely at the user’s own risk.

THIS WEBSITE IS NOT INTENDED TO BE USED TO:

1. Treat a medical emergency or medical condition.

2. Advise or resolve legal, medical or financial issues outside the scope of what has been agreed or provided.

Information or advice provided on the Site by professionals should be used merely as a guide rather than a definitive recommendation to adopt any specific action or treatment. Nothing transmitted to or from this Site constitutes the establishment of a doctor-patient relationship between you and any professional providing information or advice through the site. The site is not intended to diagnose a medical condition.

Content Accuracy

Though we have taken precaution to provide accurate data and information, we cannot and do not monitor post’s by the professionals registered on this website as the content is posted in real time and not reviewed by us prior to posting. The Content is not intended to be a substitute for face-to-face professional advice, diagnosis, or treatment. The user shall always seek the advice of an attorney, physician, financial professional or such other professional within the user’s jurisdiction with any questions regarding a legal, medical or financial condition. Never disregard professional legal, medical or financial advice or delay in seeking it because of information provided by a professional through the Site. The information made available on this Website changes rapidly and therefore, some of the information may be out of date. You agree to bear all risk associated with the use of or reliance on any such information, and release and hold us harmless from cause of action that may arise in connection with your reliance on information contained in this Website.

You understand and agree that we do not regularly review the posts on the Site and the views expressed therein are those of the posters and do not necessarily reflect those of the owners, managers, directors, employees, agents, partners, advertisers or affiliates of Medi360. We assume no responsibility for the posts or the information contained therein, nor do we make any claims, promises or guarantees about the accuracy, suitability or completeness of any of the information on the Site or in the posts. All advice and/or information obtained directly or indirectly from the Site are provided at the user’s own risk.

Objectionable Content

You understand that by using this Website or any services provided on the Website, you may encounter Content that may be deemed by some to be offensive, indecent, or objectionable, which Content may or may not be identified as such. You agree to use the Website and any service at your sole risk and that to the fullest extent permitted under applicable law, we and our affiliates shall have no liability to you for Content that may be deemed offensive, indecent, or objectionable to you.

User Conduct

As a condition of your continued access to and use of the Website, you agree to abide by all applicable laws and regulations and these Terms of Use. Your failure to comply with these Terms of Use, including the following “Code of Conduct” may result in the termination of your Account and may expose you to civil and/or criminal liability under applicable laws. Specifically, in addition, without limiting the foregoing, you agree not to:

→ Infringes any patent, trade-mark, trade secret, copyright or other proprietary or privacy rights of any party;

→ Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource including the Website;

→ Is unlawful, harmful, threatening, blasphemous, abusive, harassing, tortious, defamatory, vulgar, obscene, pedophilic , pornographic, libelous, invasive of another’s privacy, hateful, racially, ethnically, relating or encouraging money laundering or gambling, or otherwise objectionable;

→ Constitutes unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes” or any other form of duplicative or unsolicited messages, whether commercial or otherwise or Violates any law, regulation or contractual obligations.

→ 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 offence or prevents investigation of any offence or is insulting any other nation.

→ Encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.

Enforcement

We reserve the right (but have no obligation) to review any content that you upload to the Website. We may remove any content that violates the Code of Conduct, and suspend or terminate your Account at any time for any reason in our sole discretion with or without notice to you.

If any complaint is received against a user to the effect he/she has used the website for the above purposes, then upon receiving such complaint we will delete any inappropriate posts as quickly as possible; however, the submissions are generally posted in real-time and are not reviewed by us before they are posted to the Site. We reserve the right to terminate the account in question. We also reserve the right to initiate legal action against you.

Website Security

You are prohibited from violating or attempting to violate the security of the Website by:

Communication

When you visit the Website or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Website. When you submit your phone number along with your address or to request our call back, you consent to receive calls on that number for communication related to your order/request and other site related communication.

Financial Details

You agree, understand and confirm that the credit / debit card details or other financial details provided by you for availing of services on the Website will be correct and accurate and you shall not use the credit /debit card or financial facility which is not lawfully owned / obtained by you. You also understand that any financial information submitted by you is directly received by our acquiring bank or other payment wallet service providers that may be used and not taken by us. We will not be liable for any credit / debit card fraud. The liability for use of a card fraudulently will be on you and the onus to ‘prove otherwise’ shall be exclusively on you. We and our associated acquiring bank or financial institutions reserve the right to recover the cost of goods, collection charges and lawyers’ fees from persons using the Website fraudulently. We and our associated acquiring banks or financial institutions reserve the right to initiate legal proceedings against such persons for fraudulent use of the Website and any other unlawful acts or acts or omissions in breach of these terms and conditions in accordance with applicable laws.

Privacy

We respect your right to the privacy of your personal information. Please review our Privacy Policy for details on the manner in which we collect, use, disclose and otherwise manage your personal information.

Refusal of Service

We reserve the right to refuse service to anyone at any time. We reserve the right, in our sole discretion, at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part or function thereof) with or without notice if a computer virus, bug, or other technical problem corrupts the security, or for proper administration of the service.

Changes

We reserve the right to change these Terms of Use at any time. You are responsible for regularly reviewing these Terms of Use, including, without limitation, by checking the date of “Last Updated” at the bottom of this document. Continued use of the Website after any such changes will constitute your consent to be bound by such changes, with continued provision of the use of the Website constituting consideration from us to you for so being bound.

Termination

This User Agreement is effective unless and until terminated by either you or us. You may terminate this User Agreement at any time by informing us in writing through Indian postal system by registered post that you no longer wish to be associated with this Website, provided that you discontinue any further use of this Website. We may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Website. Such termination will be without any liability to us. Upon any termination of the User Agreement by either you or us, you must promptly destroy all materials downloaded or otherwise obtained from this Website, as well as all copies of such materials, whether made under the User Agreement or otherwise. Our right to any Comments shall survive any termination of this User Agreement. Any such termination of the User Agreement shall not cancel your obligation to pay for any service already ordered from the Website or affect any liability that may have arisen under the User Agreement.

Applicable Laws

These Terms of Use will be governed by and construed in accordance with the laws of the Union of India applicable therein.

DISCLAIMER / LIMITATION OF LIABILITY

THE WEBSITE IS BEING PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT YOUR USE OF THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE MAY CORRECT, MODIFY, AMEND, ENHANCE, IMPROVE AND MAKE ANY OTHER CHANGES TO THE WEBSITE AT ANY TIME WITH OR WITHOUT NOTICE. IN NO EVENT WILL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM OR ARE IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE THE WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE MAKES NO WARRANTIES REGARDING ANY THE ACCURACY OF INFORMATION ON THIS WEBSITE. YOU EXPRESSLY RELEASE AND HOLD US HARMLESS FROM ANY AND ALL CLAIMS, LOSSES, LIABILITY, DAMAGES, INJURIES AND EXPENSES (INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY CLAIMS) ARISING OUT OF OR RELATING TO YOUR USE OF THE WEBSITE, ANY INFORMATION OBTAINED THROUGH THE WEBSITE OR ANY ALLEGED VIOLATION BY YOU OF THESE TERMS OF USE.

The user EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE COMPANY , ITS LICENSORS, SUPPLIERS AND BUSINESS PARTNERS ARE NOT RESPONSIBLE IN ANY WAY AND IN ANY MANNER WHATSOEVER FOR THE RESULTS OF users DECISIONS RESULTING FROM THE USE OF THIS WEBSITE OR THE INFORMATION CONTAINED HEREIN, INCLUDING BUT NOT LIMITED TO, THE USER’S CHOOSING TO SEEK OR NOT TO SEEK PROFESSIONAL MEDICAL CARE, OR CHOOSING OR NOT CHOOSING SPECIFIC TREATMENT BASED ON THE INFORMATION ON OR ACCESSED THROUGH THIS WEBSITE (Including but not limited to Live Chat, Email, Phone or any other Service).

When using the Site, information will be transmitted over a medium which, in many cases, is beyond the control and jurisdiction of the Company and its suppliers. Accordingly, the Company assumes no responsibility or liability whatsoever for or relating to the delay or failure of delivery of data, interruption or corruption of any data or other information transmitted in connection with use of the Site. The Site and the Content are provided on an “as is” basis. The Company, its licensors, and its suppliers, to the fullest extent permitted by law, disclaim all warranties, express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties’ rights, and fitness for particular purpose. Specifically, the Company, its licensors, and its suppliers make no representations, warranties or guarantees about the following:

1. The accuracy, reliability, completeness, correctness, authenticity or timeliness of the Content, software, text, graphics, links, or communications provided to the user on or through the use of the Site.

2. The compliance by the Company, with government laws, rules, regulations and notifications in force in any country, or the laws of any jurisdiction with regard to the ability to use the Site or requiring disclosure of information contained on the Site.

I understand/ agree that we make no claim that the contents of the Site, such as text, graphics, images and information obtained from service providers and any other material contained on the Site is appropriate or may be downloaded in a particular jurisdiction. Access to the Site and Content may not be legal by certain persons or in certain states or countries. If you access the Site from outside India, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. Provisions relating to the liability, user submissions, Indemnity, Jurisdiction, and Entire Agreement, survive the expiration or termination of these Terms and Use for any reason whatsoever.

At present, XpertReview provides XpertReview Services to candidates on a complimentary basis at no charge (XpertReview does bill its Employer Customers and Staffing Customers). XpertReview foresees continuing this policy for the foreseeable future. However, XpertReview reserves the right to change its policy and pricing for any of the XpertReview Services at any time. Should XpertReview change any pricing, XpertReview shall provide its existing XpertReview Customers with at least thirty (30) days’ notice.

I also understand that for all consultations including medical consultations in particular, before acting on any of the advice offered in/through the site, I should confirm that such action is applicable and suitable to me, by referring to my own medical practitioner or by obtaining a second and third opinion of other medical practitioners. The limitations associated with consultations or other services exclusive of physical examination, in person medical advice or onsite and extensive investigations are hereby accepted and agreed to by me. I further absolve from all liability, Medi360 and its owners, managers, directors, employees, agents, partners, advertisers and/ or affiliates from any legal responsibility for any incorrect or misleading information provided by any professional or contained within the Site.

I also absolve professionals engaged by the Company who offer services through the website from any responsibility or liability whatsoever, for any medical, legal or financial events or outcomes related to services attained by me through the use of the services.

The user agrees that the user shall use the Site on his/ her own free will and shall not be guided in any manner including by way of any promotional emails, phone calls and advertisements from the Company and its affiliates and partners. The use of the Site and the Content is therefore entirely at the user’s own risk. The user agrees that, to the fullest extent permitted by law, neither Singularity Healthcare IT System Pvt. Ltd. its licensors, its suppliers, nor any third parties mentioned on the Site shall, in any event whatsoever, be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption, including any computer virus) resulting from the use or inability to use, by the user, of the Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not we are advised of the possibility of such damages.

To the extent permitted by law, all legal claims if any, arising in connection with the use by the user of the Site and any of its Content, shall be brought within One (1) year from the date of occurrence of the event giving rise to such action.

Indemnity

You agree to indemnify the Company, its affiliates, directors, officers, employees, agents, suppliers and licensors from and against any and all losses, expenses, damages, claims, fines, penalties, costs and liabilities (including reasonable legal and accounting fees), resulting from your use of the Website or anyone using your Account, or any alleged violation by you or anyone using your Account of these Terms of Use, including, without limitation, the Code of Conduct.

In particular, you agree to indemnify the Company , its affiliates, directors, officers, employees, agents, suppliers and licensors for any injury, including but not limited to bodily harm or death, to you or any third party that may result from the use of or reliance on any information you obtain through the Website. This Website is not a substitute for professional medical advice, and provides only general medical information. Please consult a medical professional to discuss specifics related to your health and for a more in-depth review of any particular health issues you encounter.

4.6 You agree that you shall not use XpertReview Services for any of the following:

Jurisdiction, Mediation & Arbitration

We hope that any dispute will be resolved amicably by Mediation between both the parties. Failing which, the dispute will be subject to arbitration in Bangalore in English under the Arbitration and Conciliation Act, 1996. Each party to arbitration shall bear its own cost.

You agree to defend, indemnify and hold harmless the Company, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to us or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under this User Agreement or arising out of your violation of any applicable laws, regulations including but not limited to intellectual property rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.

This User Agreement and any contractual obligation between us and you will be governed by the laws of India, subject to the exclusive jurisdiction of Courts in Bangalore.

Entire Agreement & Severability

If any part of this User Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the User Agreement shall continue in effect. Unless otherwise specified herein, this User Agreement constitutes the entire agreement between you and us with respect to the Websites/services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the Websites/services. Our failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.

Questions

If you have any questions or comments regarding these Terms of Use please contact us at support@medi360.in.

www.medi360.in