TERMS AND CONDITIONS OF SERVICE AND USE
We, M/s. ELKOOCHI HEALTHCARE TECHNOLOGY PRIVATE LIMITED, a private limited company incorporated under the provisions of Companies Act 2013, represented by its members, hereinafter referred to as the “Company” (where such expression shall, unless repugnant to the context thereof, be deemed to include its respective legal heirs, representatives, administrators, permitted successors and assigns). The creator of these Terms of Service ensures a steady commitment to Your privacy with regard to the protection of your invaluable information. This document contains information about the Website owned by the Company "https://www.plus100years.com" (hereinafter referred to as the “Platform”).
- “We”, “Our”, and “Us” shall mean and refer to the Platform and/or the Company, as the context so requires.
- “You”, “Your”, “Yourself”, shall refer to 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.
- "Users" shall refer to the Users using the platform.
- “Services” shall refer to providing a platform for Users to avail of medical services as provided on the Platform. Services could include services such as Doctor’s appointments, Hospital information, Health Check-Up Packages, Preventive Health Check-Up Packages, Selling Personalized Diet Plans online, Providing Health tips and other ancillary services that the Company may prospectively take up in the future.
- “Third Parties” refer to any Application, Company or individual apart from the User and the creator of this Platform.
- The term “Platform” refers to the Website "https://www.plus100years.com"
- The headings of each section in these Terms are only for the purpose of organizing the various provisions under these Terms in an orderly manner and shall not be used by either Party to interpret the provisions contained herein in any manner. Further, it is specifically agreed to by the Parties that the headings shall have no legal or contractual value.
- The User unequivocally agrees that these Terms and the aforementioned Policy constitute a legally binding agreement between the User and the Company, and that the User shall be subject to the rules, guidelines, policies, terms, and conditions applicable to any service that is provided by the Platform, and that the same shall be deemed to be incorporated into these Terms, and shall be treated as part and parcel of the same. The User acknowledges and agrees that no signature or express act is required to make these Terms and the Policy binding on the User and that the User’s act of visiting any part of the Platform constitutes the User’s full and final acceptance of these Terms and the aforementioned Policy.
- The Company reserves the sole and exclusive right to amend or modify these Terms without any prior permission or intimation to the User, and the User expressly agrees that any such amendments or modifications shall come into effect immediately. The User has a duty to periodically check the terms and stay updated on its requirements. If the User continues to use the Platform following such a change, the User will be deemed to have consented to any and all amendments/modifications made to the Terms and Conditions and any other Policies pertaining to this Platform. In so far as the User complies with these Terms, it is granted a personal, non-exclusive, non-transferable, revocable, limited privilege to access and use the Platform and the Services. If the User does not adhere to the changes, the User must stop using the Services at once. The user's continuous use of the Services will signify User's acceptance of the changed terms and/or Conditions.
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 thereunder, 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”)
- Registration is not mandatory for accessing content on the platform that is available.
- Registration is mandatory for all those wishing to avail any such services from the Platform and it shall display any or all Content on the Platform.
- Users shall register themselves on the Platform by providing information including but not limited to personal information such as Name, Date of Birth, E-mail address, contact number, etc.
- Medical Practioner shall register themselves on the Platform by providing the information including but not limited to Name, Age, Email Id. Contact Number, Medical Bar ID scan copy, Address proof, experience and such other details as that may be required on the platform from time to time.
- Users can alternatively link their social media account of Instagram, Facebook, Gmail in order to register themselves on the Platform.
- The Registration and use of the Platform are free of cost and no charges are applicable for the same.
- Registration for this Platform is available only to those above the age of eighteen (18) years, barring those “Incompetent to Contract” which inter alia include insolvents. If you are a minor and wish to use the Platform as a User, You may do so through your legal guardian and the Company reserves the right to terminate your account on knowledge of You being a minor and having registered on the Platform or availing any of the features available on the Platform.
- Further, at any time during Your use of this Platform, including but not limited to the time of registration, You are solely responsible for protecting the confidentiality of Your Username and password, and any activity under the account shall be deemed to have been done by You. In the case that you provide us with false and/or inaccurate details or we have reason to believe you have done so, we hold the right to permanently suspend your account and your use of the Platform. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your account, whether or not you have authorized such activities or actions. You will immediately notify us of any unauthorized use of your account.
- The User represents and warrants that they are competent and eligible to enter into legally binding agreements and of 18 years of age and that they have the requisite authority to bind themselves to these Terms in accordance with the Law.
- The User further represents that they will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations.
- The User may not use the Platform if they are not competent to contract or are disqualified from doing so by any other applicable law, rule or regulation currently in force.
- All or any text, graphics, User interfaces, visual interfaces, photographs, trademarks, logos, brand names, descriptions, sounds, music and artwork (collectively, ‘Content’), is generated/provided or based on information provided by third parties and Company or the Platform have no control and make no guarantees regarding the quality, the accuracy, integrity or genuineness of such Content. All the Content displayed on the Platform is subject to copyright and shall not be reused by any party (or a third party) without the prior written consent of the Company and/or the copyright owner.
- The User is solely responsible for the integrity, authenticity, quality, and genuineness of the content provided on the Platforms and whilst feedback and comments by Users can be made via the Platform, the Platform bears no liability whatsoever for any feedback or comments made by the Users or made in respect of any of the content on the Platform. Further, the Platform reserves its right to suspend the account of any User for an indefinite period to be decided at the discretion of the Platform, or to terminate the account of any User who is found to have created or shared or submitted any Content or part thereof that is found to be untrue/inaccurate/misleading or offensive/vulgar. The User shall be solely responsible for making good any financial or legal losses incurred through the creation/sharing/submission of Content or part thereof that is deemed to be untrue/inaccurate/misleading.
- Users have a personal, non-exclusive, non-transferable, revocable, limited privilege to access the Content on the Platform. Users shall not copy, adapt, and modify any content without the written permission of the Company.
- These Terms shall continue to form a valid and binding contract between the Parties and shall continue to be in full force and effect until the User continues to access and use the Services and Platforms.
- A User may terminate their use of the Services and the Platform at any time.
- The Company may terminate these Terms and close a User’s account at any time without notice and/or suspend or terminate a User’s access to the Platform at any time and for any reason, if any discrepancy or legal issue arises.
- Such suspension or termination shall not limit our right to take any other action against you that the Company considers appropriate.
- It is also hereby declared that the Company may discontinue the Services and Platform without any prior notice.
- The Company reserves the right, in its sole discretion, to unilaterally terminate the User’s access to the Services, or any portion thereof, at any time, without notice or cause.
- The Platform also reserves the universal right to deny access to particular users, to any/all of its Services without any prior notice/explanation in order to protect the interests of the Platform and/or other visitors to the Platform.
- The Platform reserves the right to limit, deny or create different access to the Platform and its features with respect to different Users, or to change any of the features or introduce new features without prior notice.
- The User shall continue to be bound by these Terms, and it is expressly agreed to by the Parties that the User shall not have the right to terminate these Terms till the expiry of the same.
- By using this Services and Platform, and providing his/her identity and contact information to the Company through the Platform, the User hereby agrees and consents to receive calls, e-mails or SMSs from the Company and/or any of its representatives at any time.
- Users can report to firstname.lastname@example.org if the user finds any discrepancy with regard to Service related information provided on the platform and the Company will take necessary action after an investigation. The response with resolution (if any issues found) shall be dependent on the time is taken for investigation.
Registration and Subscription to the Services on the Platform are free of cost. However, upon availing of any service on the Platform is upon payment of such charges as mentioned while placing a request on the Platform.
9.USER OBLIGATIONS AND FORMAL UNDERTAKINGS AS TO CONDUCT
The User agrees and acknowledges that they are a restricted user of this Platform and that they:
- Agree to provide genuine credentials during the process of registration on the Platform. You shall not use a fictitious identity to register. The Company shall take no liability for the User if the User has provided incorrect information.
- Agree to ensure the Name, Email address, Photo, Address, and Mobile Number or any other personal data provided during account registration are valid at all times and shall keep User information accurate and up-to-date. The User can update their details anytime on the Platform by Signing in.
- Agree that Users are solely responsible for maintaining the confidentiality of their account password. Users shall agree to notify the Company immediately of any unauthorized use of their account. The Company reserve the right to close Users' account at any time for any or no reason.
- Understand and acknowledge that the data submitted is manually entered into the database of the Platform. The User also acknowledges the fact that data so entered into the database is for the purpose of easy and ready reference for the User, and to streamline the Services through the Platform.
- Authorize the Platform to use, store or otherwise process certain personal information and/or all or any published Content, User Purchases, Offer redemption's, User locations, User comments, reviews and ratings for personalization of Services, marketing, and promotional purposes and for optimization of User-related options and Services.
- Are bound not to cut, copy, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or obtained from the Platform. Any such use/limited use of the Platform will only be allowed with the prior express written permission of the Company.
- Agree not to access (or attempt to access) the Platform and/or the Content or Services by any means other than through the interface provided by the Platform. The use of deep-link, robot, spider or other automatic devices, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or its content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform, materials or any content, or to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Platform will lead to suspension or termination of the User’s access to the Platform. The User acknowledges and agrees that by accessing or using the Platform or any of the Content provided therein, it may be exposed to content that it may consider offensive, indecent or otherwise objectionable. The Company and the Platform disclaim any and all liabilities arising in relation to such offensive content on the Platform.
- Expressly agree and acknowledge that the certain Content displayed on the Platform may be owned by the Company and certain content may not be owned by the Company and that the Company is in no way responsible for the content of the same. The User may, however, report any offensive or objectionable content, which the Company may then remove from the Platform, at its sole discretion.
- Expressly consents to follow the terms and conditions, and policies of the Merchants affiliated with the Company from whom the Users are making purchases or viewing the content.
The User further undertakes not to:
- Engage in any activity that interferes with or disrupts access to the Platform or the Services provided therein or view the content available for viewing (or the servers and networks which are connected to the Platform);
- Impersonate any person or entity, or falsely state or otherwise misrepresent his/her affiliation with a person or entity;
- Probe, scan or test the vulnerability of the Platform or any network connected to the Platform, nor breach the security or authentication measures on the Platform or any network connected to the Platform. The User may not reverse look-up, trace or seek to trace any information relating to any other User of, or visitor to, the Platform, or any other viewer of the Platform, including any User account maintained on the Platform not operated/managed by the User, or exploit the Platform or information made available or offered by or through the Platform, in any manner;
- Disrupt or interfere with the security of, or otherwise cause harm to, the Platform, systems resources, accounts, passwords, servers or networks connected to or accessible through the Platform or any affiliated or linked Platforms;
- Use the Platform or any material or content therein for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of this Platform or any other third party(ies);
- Violate any code of conduct or guideline which may be applicable for or to any particular service offered or content published on the Platform;
- Violate any applicable laws, rules or regulations currently in force within or outside India;
- Commit any act that causes the Company or Platform to lose (in whole or in part) the Services of its Internet Establishment ("ISP") or in any manner disrupts the Services of any other supplier/service provider of the Company/Platform;
- The User hereby expressly authorizes the Company/Platform to disclose any and all information relating to the User in the possession of the Company/Platform to law enforcement or other government officials, as the Company may in its sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those involve personal injury and theft/infringement of intellectual property. The User further understands that the Company/Platform might be directed to disclose any information (including the identity of persons providing information or materials on the Platform) as necessary to satisfy any judicial Order, law, regulation or valid governmental request.
- The User agrees to use the services provided or Content available for viewing by the Company on the Platform, its affiliates, consultants and contracted companies, for lawful purposes only.
- The User agrees to provide authentic and true information. The Company reserves the right to conCompany and validate the information and other details provided by the User at any point of time. If upon conCompanyation such User details are found to be false, not to be true (wholly or partly), the Company shall in its sole discretion reject the registration and debar the User from using the Services available on its Platform, and/or other affiliated Platforms without prior intimation whatsoever.
- The User agrees not to post any material on the platform that is defamatory, offensive, obscene, indecent, abusive, or needlessly distressful or advertising any goods or services. More specifically, the User agrees not to host, display, upload, update, publish, modify, transmit, or in any manner share any information that:
- belongs to another person and to which the User has no right to;
- is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, 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;
- is in any way harmful to minors;
- 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;
- Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;
- Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
- Publish, post, disseminate, any information which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, 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; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
- threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting any other nation.
10.SUSPENSION OF USER ACCESS AND ACTIVITY
Notwithstanding other legal remedies that may be available, the Company may in its sole discretion, limit the User’s access and/or activity by immediately removing the User’s access credentials either temporarily or indefinitely, or suspend/terminate the User’s association with the Platform, and/or refuse to usage of the Platform to the User, without being required to provide the User with notice or cause:
- If the User is in breach any of these Terms or the Policy;
- If the User has provided wrong, inaccurate, incomplete or incorrect information;
- If the User’s actions may cause any harm, damage or loss to the other Users or to the Company, at the sole discretion of the Company.
- User's use of the Platform,
- User's violation of these Terms and Conditions;
- User's violation of any rights of another;
- User's alleged improper conduct pursuant to these Services;
- User's conduct in connection with the Platform;
The user agrees to fully cooperate in indemnifying the Company and the Platform at User's expense. The user also agrees not to reach a settlement with any party without the Company's consent.
In no event shall the Company or the Platform be liable to compensate the User or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable, and whether or not the Company and/or Platform had been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in connection with the User’s use of or access to the Platform and/or the Services or Content contained therein.
12.LIMITATION OF LIABILITY
- The Founders/ Promoters/ Associated people of the Company and/or Platform are not responsible for any consequences arising out of the following events:
- If the Platform is inoperative/non-responsive due to any connectivity errors associated with the internet connection such as but not limited to slow connectivity, no connectivity, server failure;
- If the User has fed incorrect information or data or for any deletion of data;
- If there is an undue delay or inability to communicate through email;
- If there is any deficiency or defect in the Services managed by Company;
- If there is a failure in the functioning of any other service provided by the Platform.
- The Platform accepts no liability for any errors or omissions, on behalf of itself, or for any damage caused to the User, the User’s belongings, or to any third party, resulting from the use or misuse of the Platform or any service availed of by the User through the Platform. The service and any Content or material displayed on the service is provided without any guarantees, conditions or warranties as to its accuracy, suitability, completeness or reliability. The Platform will not be liable to User for the unavailability or failure of the Platform.
- Users are to comply with all laws applicable to them or to their activities, and with all Policies, which are hereby incorporated into this Agreement by reference.
- The Platform expressly excludes any liability for any loss or damage that was not reasonably foreseeable by the Platform and which is incurred by you in connection with the Platform, including loss of profits; and any loss or damage incurred by User as a result of User's breach of these terms.
- To the fullest extent permitted by law, the Platform shall not be liable to User or any other party for any loss or damage, regardless of the form of action or basis of any claim. The user acknowledges and agrees that sole and exclusive remedy for any dispute with the Company and/or Platform is to terminate Users' use of the Platform.
13.INTELLECTUAL PROPERTY RIGHTS
Unless expressly agreed to in writing, nothing contained herein shall give the User a right to use any of the Platform’s trade names, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports, and other distinctive brand features, save according to the provisions of these Terms. All logos, trademarks, brand names, service marks, domain names, including material, designs, and graphics created by and developed by the Platform and other distinctive brand features of the Platform are the property of the Company or the respective copyright or trademark owner. Furthermore, with respect to the Platform created by the Company, the Company shall be the exclusive owner of all the designs, graphics and the like, related to the Platform.
The User may not use any of the intellectual property displayed on the Platform in any manner that is likely to cause confusion among existing or prospective Users of the Platform, or that in any manner disparages or discredits the Company/Platform, to be determined in the sole discretion of the Company.
The User is aware all intellectual property, including but not limited to copyrights, relating to said Content resides with the Owner, and that at no point does any such intellectual property stand transferred from the aforementioned creators to the Company, or to any other User. The User is aware that the Company merely provides a platform through which the Users can view and the Company/the Platform may own any of the intellectual property relating to the independent content displayed on the Platform, apart from originally created graphics and specified content
The User is further aware that any reproduction or infringement of the intellectual property of the aforementioned owners by the User will result in legal action being initiated against the User by the respective owners of the intellectual property so reproduced/infringed upon. It is agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
14.DISCLAIMER OF WARRANTIES AND LIABILITIES
- The User agrees and undertakes that they are accessing the Platform at their sole risk and are that they are using their best and prudent judgment before availing any service listed on the Platform or accessing/using any information displayed thereon.
- The User agrees that any kind of information, resources, activities, recommendations obtained/availed from Platform, written or oral, will not create any warranty and the Platform disclaims all liabilities resulting from these.
- The Company/Platform does not guarantee that the Services contained and the content viewed on the Platform will be uninterrupted or error-free, or that the Platform or its server will be free of viruses or other harmful components, and the User hereby expressly accepts any and all associated risks involved with the User’s use of the Platform. However, the Company and the Platform will take all necessary steps in order to prevent such interruptions
Neither the Company nor the Platform shall be liable for damages for any delay or failure to perform its obligations or any listed medical practitioner's obligations hereunder if such delay or failure is due to cause beyond its control or without its fault or negligence, due to Force Majeure events including but not limited to acts of war, acts of God, earthquake, riot, fire, festive activities sabotage, labor shortage or dispute, internet interruption, technical failure, breakage of sea cable, hacking, piracy, cheating, illegal or unauthorized.
16.DISPUTE RESOLUTION AND JURISDICTION
It is expressly agreed to by the Parties hereto that the formation, interpretation, and performance of these Terms and any disputes arising therefrom will be resolved through a two-step Alternate Dispute Resolution (“ADR”) mechanism. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
- Mediation: In case of any dispute between the parties, the Parties will attempt to resolve the same amicably amongst themselves, to the mutual satisfaction of all parties. In the event that the Parties are unable to reach such an amicable solution within thirty (30) days of one Party communicating the existence of a dispute to any other Party, the dispute will be resolved by arbitration, as detailed hereinbelow;
- Arbitration: In the event that the Parties are unable to amicably resolve a dispute by mediation, said dispute will be referred to arbitration by a sole arbitrator to be appointed by the Company, and the award passed by such sole arbitrator will be valid and binding on all parties. The Parties shall bear their own costs for the proceedings, although the sole arbitrator may, in his/her sole discretion, direct either Party to bear the entire cost of the proceedings. The arbitration shall be conducted in English, and the seat of Arbitration shall be the city of Hyderabad, Telangana
The Parties expressly agree that the Terms, Policy and any other agreements entered into between the Parties are governed by the laws, rules, and regulations of India.
Any and all communication relating to any dispute or grievance experienced by the User may be communicated to the Company by the User by emailing to email@example.com.
- Waiver: The failure of either Party at any time to require performance of any provision of these Terms shall in no manner affect such Party's right at a later time to enforce the same. No waiver by either party of any breach of these Terms, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such breach, or a waiver of any other breach of these Terms.
- Severability: If any provision/clause of these Terms is held to be invalid, illegal or unenforceable by any court or authority of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions/clauses of these Terms shall in no way be affected or impaired thereby, and each such provision/clause of these Terms shall be valid and enforceable to the fullest extent permitted by law. In such a case, these Terms shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the original rights, intentions and commercial expectations of the Parties hereto, as expressed herein.
- Contact Us: If you have any questions about this Agreement, the practices of the Platform, or your experience with the Service, you can contact us at firstname.lastname@example.org