Fossgen Technologies Private Limited, on behalf of itself and its affiliates/group companies under the brand "AidXpert" (“AidXpert”), is the author and publisher of the internet resource www.aidxpert.com and the mobile application ‘AidXpert’ (together, “Website”).
1. NATURE AND APPLICABILITY OF TERMS:
Please carefully go through these terms and conditions (“Terms”) and the privacy policy available at (“Privacy Policy”) before you decide to access the Website or avail the services made available on the Website by Aidxpert. These Terms and the Privacy Policy together constitute a legal agreement (“Agreement”) between you and Aidxpert in connection with your visit to the Website and your use of the Services (as defined below).
The Agreement applies to you whether you are
1 | A medical practitioner or health care provider (whether an individual professional or an organization) or similar institution wishing to be listed, or already listed, on the Website, including designated, authorized associates of such practitioners or institutions (“Practitioner(s)”, “you” or “User”); or |
2 | A patient, his/her representatives or affiliates, searching for Practitioners through the Website (“End-User”, “you” or “User”); or |
3 | Otherwise a user of the Website (“you” or “User”). |
This Agreement applies to those services made available by Aidxpert on the Website, which are offered free of charge to the Users (“Services”), including the following: |
|
1 | For Practitioners: Listing of Practitioners and their profiles and contact details, to be made available to the other Users and visitors to the Website; |
2 | For other Users: Facility to (i) create and maintain ‘Health Accounts’, (ii) search for Practitioners by name, specialty, and geographical area, or any other criteria that may be developed and made available by Aidxpert, and (iii) to make appointments with Practitioners. |
The Services may change from time to time, at the sole discretion of Aidxpert, 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 the Website at any given point in time. 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 registered as a member with us. If you have any questions about any part of the Agreement, feel free to contact us at support@aidxpert.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 Aidxpert. |
|
The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but not limited to: |
|
I | the Indian Contract Act, 1872, |
II | the (Indian) Information Technology Act, 2000, and |
III | 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 Guidelines) Rules, 2011 (the “IG Rules”). |
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 Aidxpert 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. TERMS OF USE APPLICABLE TO ALL USERS OTHER THAN PRACTITIONERS
The terms in this Clause 3 are applicable only to Users other than Practitioners.
1 |
END-USER ACCOUNT AND DATA PRIVACY
i) The terms “personal information” and “sensitive personal data or information” are defined under the SPI Rules, and are reproduced in the Privacy Policy. ii) Aidxpert may by its Services, collect information relating to the devices through which you access the Website, and anonymous data of your usage. The collected information will be used only for improving the quality of Aidxpert’s services and to build new services. iii) The Website allows Aidxpert to have access to registered Users’ personal email or phone number, for communication purpose so as to provide you a better way of booking appointments and for obtaining feedback in relation to the Practitioners and their practice. iv) The Privacy Policy sets out, inter-alia: v) The User is expected to read and understand the Privacy Policy, so as to ensure that he or she has the knowledge of, inter-alia: vi) Aidxpert shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the User to Aidxpert or to any other person acting on behalf of Aidxpert. vii) 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. 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 Aidxpert of any actual or suspected unauthorized use of the User’s account or password. Although Aidxpert will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Aidxpert or such other parties as the case may be, due to any unauthorized use of your account. viii) If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Aidxpert has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Aidxpert has the right to discontinue the Services to the User at its sole discretion. ix) Aidxpert may use such information collected from the Users from time to time for the purposes of debugging customer support related issues. x) Against every Practitioner listed in Aidxpert.com, you may see a ‘show number’ option. When you choose this option, you choose to call the number through a free telephony service provided by Aidxpert, and the records of such calls are recorded and stored in Aidxpert’s servers. Such call will have an IVR message stating the purpose of recording your calls and your consent to such recordings which are dealt with as per the Privacy Policy. Such records may be accessed by Aidxpert for quality control and support related purposes and are dealt with only in accordance with the terms of the Privacy Policy. Such call facility provided to you by Aidxpert should be used only for appointment and booking purposes, and not for consultation on health-related issues. Aidxpert accepts no liability if the call facility is not used in accordance with the foregoing. Aidxpert may also choose to not use this facility and show the practitioner's direct number. In case you choose to not provide your consent to recording your calls that may have personal information required for appointment and booking purposes, Aidxpert reserves the right to not provide the Services for which such personal information is sought. |
2. |
RELEVANCE ALGORITHM:
Aidxpert’s relevance algorithm for the Practitioners is a fully automated system that lists the Practitioners, their profile and information regarding their Practice on its Website. These listings of Practitioners do not represent any fixed objective ranking or endorsement by Aidxpert. Aidxpert will not be liable for any change in the relevance of the Practitioners on search results, which may take place from time to time. The listing of Practitioners will be based on automated computation of the various factors including inputs made by the Users including their comments and feedback. Such factors may change from time to time, in order to improve the listing algorithm. Aidxpert in no event will be held responsible for the accuracy and the relevancy of the listing order of the Practitioners on the Website. |
3. |
LISTING CONTENT AND DISSEMINATING INFORMATION:
i) Aidxpert 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 specialization, qualification, fees, location, visiting hours, and similar details. Aidxpert takes reasonable efforts to ensure that such information is updated at frequent intervals. Although Aidxpert screens and vets the information and photos submitted by the Practitioners, it cannot be held liable for any inaccuracies or incompleteness represented from it, despite such reasonable efforts. ii) The Services provided by Aidxpert 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). Aidxpert does not provide or make any representation, warranty or guarantee, express or implied about the Website or the Services. Aidxpert does not guarantee the accuracy or completeness of any content or information provided by Users on the Website. To the fullest extent permitted by law, Aidxpert 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 Aidxpert or any User in relation to any User or services provided by such User. iii) The Website may be linked to the website of third parties, affiliates and business partners. Aidxpert 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. Inclusion of any link on the Website does not imply that Aidxpert endorses the linked site. User may use the links and these services at User’s own risk. iv) Aidxpert assumes 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 the downloading of any material, data, text, images, video content, or audio content from the Website. If a User is dissatisfied with the Website, User’s sole remedy is to discontinue using the Website. v) If Aidxpert determines that you have provided fraudulent, inaccurate, or incomplete information, including through feedback, Aidxpert reserves the right to immediately suspend your access to the Website or any of your accounts with Aidxpert and makes such declaration on the website alongside your name/your clinic’s name as determined by Aidxpert for the protection of its business and in the interests of Users. You shall be liable to indemnify Aidxpert for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected Aidxpert or its Users. vi) The information published under the head of "Industry wide city-wise Pricing Graph" is derived from a benchmarking group that is determined to be relevant by Aidxpert in the relevant city. Aidxpert has published this information for guidance purpose and does not have the ability to ascertain accuracy of the data based on which the information has been published and nor does it have any duty to disclose to anyone the source of the underlying data sets based on which this information has been published. Aidxpert is not liable in any manner for any consequence whatsoever arising out of any use of the information published here. |
4. | 1. BOOK APPOINTMENT AND CALL FACILITY:
Aidxpert enables Users to connect with Practitioners through two methods: a) Book facility that allows Users book an appointment through the Website; b) Value added telephonic services which connect Users directly to the Practitioner’s number provided on the Website. i) Aidxpert will ensure Users are provided confirmed appointment on the Book facility. However, Aidxpert has no liability if such an appointment is later cancelled by the Practitioner, or the same Practitioner is not available for appointment. ii) If a User has utilized the telephonic services, Aidxpert reserves the right to share the information provided by the User with the Practitioner and store such information and/or conversation of the User with the Practitioner, in accordance with our Privacy Policy. iii) The results of any search Users perform on the Website for Practitioners should not be construed as an endorsement by Aidxpert of any such particular Practitioner. If the User decides to engage with a Practitioner to seek medical services, the User shall be doing so at his/her own risk. iv)As part of our service policy, a 5% service platform fee will be applied to all transactions. For instance, if the consultation fee for a doctor is Rs. 500, the service platform charge will amount to Rs. 25. Consequently, the total amount payable by the end user will be Rs. 525. v) Without prejudice to the generality of the above, Aidxpert is not involved in providing any healthcare or medical advice or diagnosis and hence is not responsible for any interactions between User and the Practitioner. User understands and agrees that Aidxpert will not be liable for:
vi) Users are allowed to provide feedback about their experiences with the Practitioner, however, the User shall ensure that, the same is provided in accordance with applicable law. User however understands that, Aidxpert shall not be obliged to act in such manner as may be required to give effect to the content of Users feedback, such as suggestions for delisting of a particular Practitioner from the Website. vii) In case of a ‘Patient-No-Show (P.N.S)’ (defined below), where the User does not show-up at the concerned Practitioner’s clinic:
viii) Cancellation and Refund Policy
|
2. NO DOCTOR-PATIENT RELATIONSHIP; NOT FOR EMERGENCY USE: i) Please note that some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, “Information”) that may be available on the Website (including information provided in direct response to your questions or postings) may be provided by individuals in the medical profession. The provision of such Information does not create a licensed medical professional/patient relationship, between Aidxpert and you and does not constitute an opinion, medical advice, or diagnosis or treatment of any particular condition, but is only provided to assist you with locating appropriate medical care from a qualified practitioner. ii) It is hereby expressly clarified that, the Information that you obtain or receive from Aidxpert, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Website is for informational purposes only. We make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, quality of work, expertise or other information provided on the Website. In no event shall we be liable to you or anyone else for any decision made or action taken by you in reliance on such information. iii) The Services are not intended to be a substitute for getting in touch with emergency healthcare. If you are an End-User facing a medical emergency (either on your or a another person’s behalf), please contact an ambulance service or hospital directly. |
|
3. CONSULT: | |
4.CONTENT OWNERSHIP AND COPYRIGHT CONDITIONS OF ACCESS:
i) The contents listed on the Website are (i) User generated content, or (ii) belong to Aidxpert. The information that is collected by Aidxpert directly or indirectly from the End- Users and the Practitioners shall belong to Aidxpert. Copying of the copyrighted content published by Aidxpert on the Website for any commercial purpose or for the purpose of earning profit will be a violation of copyright and Aidxpert reserves its rights under applicable law accordingly. ii) Aidxpert authorizes the User to view and access the content available on or from the Website solely for ordering, receiving, delivering and communicating only as per this Agreement. The contents of the Website, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the Website (collectively, "Aidxpert Content"), are the property of Aidxpert and are protected under copyright, trademark and other laws. User shall not modify the Aidxpert Content or reproduce, display, publicly perform, distribute, or otherwise use the Aidxpert Content in any way for any public or commercial purpose or for personal gain. iii) User shall not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes. |
|
5.REVIEWS AND FEEDBACK:
By using this Website, you agree that any information shared by you with Aidxpert or with any Practitioner will be subject 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 Practitioners or other healthcare professionals. The role of Aidxpert in publishing Critical Content is restricted to that of an ‘intermediary’ under the Information Technology Act, 2000. Aidxpert 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 Act. Aidxpert 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 Clause 5 of these Terms. Without prejudice to the detailed terms stated in Clause 5, you hereby agree not to post or publish any content on the Website that
|
|
6. RECORDS
Aidxpert may provide End-Users with a free facility known as ‘Records’ on its mobile application ‘Aidxpert’. Information available in your Records is of two types: i) User-created: Information uploaded by you or information generated during your interaction with Aidxpert ecosystem. ii) Practice-created: Health Records generated by your interaction with a Practitioner who uses ‘Aidxpert Ray’ or other Services of Aidxpert software.
|
|
7.AIDXPERT MEDICINE INFORMATION: | |
8.AIDXPERT Q&A
i) Terms for Practitioners:
ii) Terms for User/Querist:
|
|
9.AIDXPERT DIGNOSTICS: | |
10. TERMS OF USE PRACTITIONERS:
The terms in this Clause 4 are applicable only to Practitioners. i) LISTING POLICY
|
|
11. PROFILE OWNERSHIP AND EDITING RIGHTS:
Aidxpert ensures easy access to the Practitioners by providing a tool to update your profile information. Aidxpert reserves the right of ownership of all the Practitioner’s profile and photographs and to moderate the changes or updates requested by Practitioners. However, Aidxpert 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 Aidxpert’s 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, Aidxpert may modify or delete parts of your profile information at its sole discretion with or without notice to you. |
|
12.REVIEWS AND FEEDBACK DISPLAY RIGHTS OF AIDXPERT:
i) All Critical Content is content created by the Users of www.aidxpert.com (“Website”) and the clients of Aidxpert customers and Practitioners, including the End-Users. As a platform, Aidxpert does not take responsibility for Critical Content and its role with respect to Critical Content is restricted to that of an ‘intermediary’ under the Information Technology Act, 2000. The role of Aidxpert and other legal rights and obligations relating to the Critical Content are further detailed in Clauses 3.9 and 5 of these Terms. Aidxpert’s Feedback Collection and Fraud Detection Policy, is annexed as the Schedule hereto, and remains subject always to these Terms. ii) Aidxpert reserves the right to collect feedback and Critical Content for all the Practitioners, Clinics and Healthcare Providers listed on the Website. iii) Aidxpert 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. iv) You understand that by using the Services you may be exposed to Critical Content or other content that you may find offensive or objectionable. Aidxpert shall not be liable for any effect on Practitioner’s business due to Critical Content of a negative nature. In these respects, you may use the Service at your own risk. Aidxpert however, as an ‘intermediary, takes steps as required to comply with applicable law as regards the publication of Critical Content. The legal rights and obligations with respect to Critical Content and any other information sought to be published by Users are further detailed in Clauses 3.9 and 5 of these Terms. v) Aidxpert will take down information under standards consistent with applicable law, and shall in no circumstances 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. vi) Aidxpert will take down information under standards consistent with applicable law, and shall in no circumstances 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. vii) If Aidxpert determines that you have provided inaccurate information or enabled fraudulent feedback, Aidxpert reserves the right to immediately suspend any of your accounts with Aidxpert and makes such declaration on the website alongside your name/your clinics name as determined by Aidxpert for the protection of its business and in the interests of Users. |
|
13.RELEVANCE ALGORITHM:
Aidxpert has designed the relevance algorithm in the best interest of the End-User and may adjust the relevance algorithm from time to time to improve the quality of the results given to the patients. It is a pure merit driven, proprietary algorithm which cannot be altered for specific Practitioners. Aidxpert shall not be liable for any effect on the Practitioner’s business interests due to the change in the Relevance Algorithm. |
|
14.INDEPENDENT SERVICES:
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 Aidxpert. |
|
15.AIDXPERT REACH RIGHTS:
Aidxpert reserves the rights to display sponsored ads on the Website. These ads would be marked as “Sponsored ads”. Without prejudice to the status of other content, Aidxpert will not be liable for the accuracy of information or the claims made in the Sponsored ads. Aidxpert does not encourage the Users to visit the Sponsored ads page or to avail any services from them. Aidxpert will not be liable for the services of the providers of the Sponsored ads. |
|
16. You represent and warrant that you will use these 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 Aidxpert accepts no liability for the same. | |
17.AIDXPERT MEDICINE INFORMATION: | |
18.BOOK APPOINTMENT AND CALL FACILITY:
i) As a valuable partner on our platform we want to ensure that the Practitioners experience on the Aidxpert booking platform is beneficial to both, Practitioners and their Users. For all terms and conditions of Book facility on Aidxpert profile check Book Standards.
ii) Practitioner understands that, Aidxpert 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 Practitioner. The option of publishing or modifying or moderating or masking (where required by law or norm etc.) the feedback provided by Users shall be solely at the discretion of Aidxpert. |
|
19.PRACTITIONER UNDERTAKING: The Practitioner is and shall be duly registered, licensed and qualified to practice medicine/ provide health care, wellness services, as per applicable laws/regulations/guidelines set out by competent authorities and the Practitioner shall not be part of any arrangement which will prohibit him/her from practicing medicine within the territory of India. The Practitioner shall at all times ensure that all the applicable laws that govern the Practitioner shall be followed and utmost care shall be taken in terms of the consultation/ services being rendered. |
|
20.USAGE IN PROMOTIONAL & MARKETING MATERIALS:
In recognition of the various offerings and services provided by Aidxpert to Practitioner, Practitioner shall (subject to its reasonable right to review and approve):
|
4. RIGHTS AND OBLIGATIONS RELATING TO CONTENT
i) As mandated by Regulation 3(2) of the IG Rules, Aidxpert hereby informs Users that they are not permitted to host, display, upload, modify, publish, transmit, update or share any information that:
- A. 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, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
- B. harm minors in any way;
- C. infringes any patent, trademark, copyright or other proprietary rights;
- D. violates any law for the time being in force; deceives or misleads the addressee about the origin of such messages or communicates any
- E. information which is grossly offensive or menacing in nature;
- F. impersonate another person;
- G. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
- H. 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.
ii) Users are also prohibited from:
- A. violating or attempting to violate the integrity or security of the Website or any Aidxpert Content;
- B. 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 Aidxpert;
- C. intentionally submitting on the Website any incomplete, false or inaccurate information;
- D. making any unsolicited communications to other Users;
- E. 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;
- F. attempting to decipher, decompile, disassemble or reverse engineer any part of the Website;
- G. copying or duplicating in any manner any of the Aidxpert Content or other information available from the Website;
- H. framing or hot linking or deep linking any Aidxpert Content.
- I. circumventing or disabling any digital rights management, usage rules, or other security features of the Software.
iii) Aidxpert, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information as mentioned above, shall be entitled to disable such information that is in contravention of Clauses 5.1 and 5.2. Aidxpert shall also be entitled to preserve such information and associated records for at least 90 (ninety) days for production to governmental authorities for investigation purposes.
iv) In case of non-compliance with any applicable laws, rules or regulations, or the Agreement (including the Privacy Policy) by a User, Aidxpert has the right to immediately terminate the access or usage rights of the User to the Website and Services and to remove non-compliant information from the Website.
v) Aidxpert may disclose or transfer User-generated information to its affiliates or governmental authorities in such manner as permitted or required by applicable law, and you hereby consent to such transfer. The SPI Rules only permit Aidxpert to transfer sensitive personal data or information including any information, to any other body corporate or a person in India, or located in any other country, that ensures the same level of data protection that is adhered to by Aidxpert as provided for under the SPI Rules, only if such transfer is necessary for the performance of the lawful contract between Aidxpert or any person on its behalf and the User or where the User has consented to data transfer.
Aidxpert respects the intellectual property rights of others and we do not hold any responsibility for any violations of any intellectual property rights.
5. TERMINATION:
i) Aidxpert 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, in cases 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;
- Aidxpert is unable to verify or authenticate any information provide to Aidxpert by a User;
- Aidxpert has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User; or
- Aidxpert believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for Aidxpert or are contrary to the interests of the Website.
ii) 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.
6. LIMITATION OF LIABILITY:
In no event, including but not limited to negligence, shall Aidxpert, 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 damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Website or the content, materials and functions related thereto, the Services, User’s provision of information via the Website, lost business or lost End-Users, even if such Protected Entity has been advised of the possibility of such damages. In no event shall the Protected Entities be liable for:
- provision of or failure to provide all or any service by Practitioners to End- Users contacted or managed through the Website;
- any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Website;
- any unauthorized access to or alteration of your transmissions or data; or
- any other matter relating to the Website or the Service.
In no event shall the total aggregate liability of the Protected Entities to a User for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from this Agreement or a User’s use of the Website or the Services exceed, in the aggregate Rs. 1000/- (Rupees One Thousand Only).
7. CRETENTION AND REMOVAL:
Aidxpert may retain such information collected from Users from its Website or Services for as long as necessary, depending on the type of information; purpose, means and modes of usage of such information; and according to the SPI Rules. Computer web server logs may be preserved as long as administratively necessary.
8. APPLICABLE LAW AND DISPUTE SETTLEMENT:
i) You agree that this Agreement and any contractual obligation between Aidxpert and User will be governed by the laws of India.
ii) Any dispute, claim or controversy arising out of or relating to this Agreement, including the determination of the scope or applicability of this Agreement to arbitrate, or your use of the Website or the Services or information to which it gives access, shall be determined by arbitration in India, before a sole arbitrator appointed by Aidxpert. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be Bangalore. 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.
iii) Subject to the above Clause 9.2, the courts at Bengaluru 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.
9. CONTACT INFORMATION GRIEVANCE OFFICER:
Indicative List of Information by Nature of Service
i) If a User has any questions concerning Aidxpert, the Website, this Agreement, the Services, or anything related to any of the foregoing, Aidxpert customer support can be reached at the following email address: support@aidxpert.com or via the contact information available from the following hyperlink: www.aidxpert.com/contact.
ii) 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 the service, including any discrepancies and grievances with respect to processing of information, you can contact our Grievance Officer at:
Name: Ms Shubhangi R
Fossgen Technologies Pvt Ltd
1169 Sadashiv Peth,
Flat No 405
Pinnacle Prestige,
Pune,
Maharashtra 411030
Email: privacy@aidxpert.com
In the event you suffer as a result of access or usage of our Website by any person in violation of Rule 3 of the IG Rules, please address your grievance to the above person.
10. 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.
11. 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 Aidxpert. Any consent by Aidxpert to, or a waiver by Aidxpert 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.