The following terms and conditions constitute an agreement between you and Xarxa Health Management Solutions Private Limited (“Xarxa,” “we,” “our” or “us”), the operator of xarxahealth.com (the “Site”). This agreement (the “Terms of Use”) governs your use of the Site and the tools and services (collectively, the ‘Services”) offered on the Site or using the software infrastructure behind the Site both as a casual visitor and as a registered user.
BY USING THE SITE OR BY REGISTERING WITH US EITHER ONLINE OR VIA SMS, YOU SIGNIFY THAT YOU AGREE TO THESE TERMS OF USE, including that you consent to the information practices disclosed in our Privacy Policy, which is incorporated herein by reference, and that you consent to resolve in the City of Bangalore any dispute that you may have with us, or the Site. Please note that we offer the Site "AS IS" and without warranties.
1.About the Site
Everything we offer on the Site is referred to in these Terms of Use collectively as the “Services." Some of what's on the Site is viewable and usable without registering with us, but to actively participate or store your information, you must register as a member and authorize the use and disclosure of your personal and health information.
2.Changes to These Terms of Use
We reserve the right, at any time, to add to, change, update, or modify this Terms of Use so please review it frequently. It is your responsibility to check the Website regularly for any updates to this policy. In all cases, use of information we collect is subject to the Privacy Policy in effect at the time such information is collected. Your continued use of the Site and/or the Services following receipt of such notification shall constitute your affirmative acknowledgement of the Terms of Use and its modification and agreement to abide and be bound by the Terms of Use, as amended. If at any time you choose not to accept these Terms of Use, including following receipt of notification of any modifications hereto, then please do not use the Site.
3.Registration
You need to register with us in order to utilize some of our services. You have the option of registering via SMS or by visiting our website. When you register via SMS, you will receive your login id and password. These are your credentials for accessing the Services that are only available to members ("Credentials"). You may optionally register by visiting our website. As part of the registration in our website, you may be asked to provide additional information which may be required for completing registration. By registering, you signify that you accept the information practices as described in the Privacy Policy
4.Your Personal Information
In order to register, you must provide certain personal and medical information about yourself. The Xarxa Privacy Policy explains the information practices that apply to this and other personal information we have about you, as well as any choices you can make about the ways this information is used. Please review it carefully.
5.Your Responsibilities
You are responsible for all use of the Site and for all use of your Credentials, including use by others to whom you have given your Credentials. You are responsible for keeping your password confidential and for notifying us if your password has been hacked or stolen. You may notify us by sending an email to privacy@xarxahealth.com . You may use the Site and the Services for lawful, non-commercial purposes only. You may not use the Site in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use and enjoyment of the Site or the Services. You may not attempt to gain unauthorized access to any of the Services, user accounts, or computer systems or networks, through hacking, password mining or any other means. Without limiting any of the foregoing, you agree that you shall not (and you agree not to allow any third party to):
Copy, modify, adapt, translate, or reverse engineer any portion of the Site, its content or materials and/or the Services;
Remove any copyright, trademark or other proprietary rights notices contained in or on the Site and/or the Services or in or on any content or other material obtained via the Site and/or the Services;
Use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Site and/or the Services;
Access, retrieve or index any portion of the Site and/or the Services for purposes of constructing or populating a searchable database of reviews related to the health care industry or medical physicians;
Reformat or frame any portion of the web pages that are part of the Site and/or the Services;
Fraudulently misuse the Services by scheduling an appointment with a physician which you have no intention of keeping;
Create user accounts by automated means or under false or fraudulent pretenses; or
Collect or store personal data about other users in connection with the prohibited activities described in this paragraph.
In addition to our rights under Section 17, we may take any legal action and implement any technical remedies to prevent the violation of this provision and to enforce these Terms of Use. Even though the Services are provided free of charge, the usual and customary charges for any medical services rendered by collaborating physicians profiled on the Site will apply and will be entirely your responsibility.
6.Changes to the Services
We may from time to time add new services to the Services, substitute a new service for one of the existing Services, or discontinue or suspend one of the existing Services. Information about the new services will be included on the Site, and the users of new services will be governed by these Terms of Use. You agree that Xarxa will not be liable to you or any third party for any suspension or discontinuation of any of the Services.
7.Links to Other Sites
The Site may include links to other websites, including links provided as automated search results. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. These links are provided for your convenience only and do not mean that we endorse these sites or the products and services they provide. You acknowledge and agree that we are not responsible or liable for the content or accuracy of these other sites.
8.Additional Terms
Certain of the Services on the Site may have additional terms (such as policies, guidelines, and rules) that will further govern your use of that particular Service and supplement these Terms of Use. If you choose to register for or access any such Services, you will be presented with any relevant additional terms and conditions at that time. By using those Services, you agree to comply with such additional guidelines and rules.
9.No Spam
You may not use contact information provided by our users or collaborating physicians, or harvest such information for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications such as SPAM. You may not allow others to use your account to violate the terms of this section. We may terminate your membership or access to the Site immediately and take other legal action if you or anyone using your Credentials violates these provisions.
10.Content You Post or Submit
You will have the opportunity to submit feedback regarding your experiences with doctors and clinics featured on the Site. It is important that you act responsibly when providing this feedback. Please give clear, honest information about the doctor and your experiences, but do not use inappropriate language or make gratuitous personal criticisms or comments.
We reserve the right to remove feedback for any reason. We are not, however, responsible for any failure or delay in removing feedback. Keep in mind that the feedback of others is simply opinion and you should not be relied on. In addition:
You are solely responsible for any content and other material that you submit, publish or display on the Site or transmit to other members and/or other users of the Site (hereinafter, "Posted Content").
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. You may not submit any content or material that infringes, misappropriates or violates the intellectual property, publicity, privacy or other rights of any party.
You may not provide any Posted Content that falsely expresses or implies that such content or material is sponsored or endorsed by Xarxa.
You may not provide any Posted Content that is unlawful or that promotes or encourages illegal activity.
You understand and agree that Xarxa may review and delete any Posted Content that in the sole judgment of Xarxa violates these Terms of Use or which might be offensive, illegal, or that might violate the rights of, harm, or threaten the safety of other users or members of the Site and/or other website users.
You agree that you will only provide Posted Content that you believe to be true and you will not purposely provide false or misleading information.
By posting Posted Content on the Site, you agree to and hereby do grant, and you represent and warrant that you have the right to grant, Xarxa, its contractors, and the users of the Site an irrevocable, perpetual, royalty-free, fully sublicensable, fully paid up, worldwide license to use, copy, publicly perform, digitally perform, publicly display, and distribute such Posted Content and to adapt, edit, translate, prepare derivative works of, or incorporate into other works, such Posted Content. This license is non-exclusive, except you agree that Xarxa shall have the exclusive right to practice this license to the extent of combining your Posted Content with the Posted Content of other Xarxa users for purposes of constructing or populating a searchable database of reviews related to the health care industry.
The following is a partial list of the kind of content and communications that are illegal or prohibited on/through the Site. Xarxa reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Services and terminating the membership of such violators or blocking your use of the Services and/or the Site. You may not post content that:
is false or intentionally misleading;
harasses or advocates harassment of another person;
involves the transmission of unsolicited mass mailing or "spamming";
violates the intellectual property or other rights of any person;
is threatening, obscene, defamatory or libelous; or
is pornographic or sexually explicit in nature.
11.Copyright and Intellectual Property Rights
The material featured on this site is subject to Copyright and / or third party copyright unless otherwise indicated.
Xarxa is the owner and/or authorized user of names, images and logos identifying Xarxa and any trademark, registered trademark and/or service mark appearing at this Web Site, and is the copyright owner or licensee of the content and/or information on this Website including but not limited to any screens appearing at the Site. You may not download and/or save a copy of any of the screens except as otherwise provided in these Terms of Service, for any purpose. However, you may print a copy of the information on this Site for your personal use or records. If you make other use of this Site, except as otherwise provided above, you may violate copyright and other laws of India, other countries, as well as applicable state laws and may be subject to penalties. Xarxa does not grant any license or other authorization to any user of its trademarks, registered trademarks, service marks, or other copyrightable material or other intellectual property, by placing them on this Website.
The permission to reproduce Copyright protected material does not extend to any material on this site that is identified as being the copyright of a third party. Authorization to reproduce such material must be obtained from the copyright holders concerned. Where indicated within the site, the use of certain material is subject to the specific and prior written approval of Xarxa's Copyright unit. Requests for permission to use our logo should be directed to our Media and Communications team at legal@xarxahealth.com.
Xarxa reserves the right to change any information on this Website including but not limited to revising and/or deleting features or other information without prior notice. The content presented at this Site may vary depending upon your browser limitations. Xarxa has no obligation to monitor the Web Site. However, you acknowledge and agree that Xarxa has the right to monitor the Site electronically from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Site properly, or to protect itself or its customers. Xarxa will not intentionally monitor or disclose any private electronic-mail message unless required by law. Xarxa reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, inappropriate or in violation of these Terms of Service.
Unless otherwise indicated for a particular communication, any communications or material of any kind that you e-mail, post or otherwise transmit through this Website, including data, questions, comments or suggestions ("your Communications") will be treated as non-confidential and non-proprietary. In addition, Xarxa is free to use any ideas, concepts, know-how or techniques contained in your Communications for any purpose including, but not limited to, developing and marketing products using such information without compensation to you.
12.Your Use of Content
Except for content posted or submitted by you or any other visitors to the Site, all of the content available on or through the Services and/or the Site, including without limitation, text, photographs, graphics and video and audio content, is owned by us and our licensors and is protected by copyright, trademark, patent, and trade secret laws, other proprietary rights, and international treaties. You acknowledge that the Services and any underlying technology or software used in connection with the Services contain Xarxa’s proprietary information. We give you permission to use the aforementioned content for personal, non-commercial purposes only and do not transfer any intellectual property rights to you by virtue of permitting your use of the Services. You may print, download, and store information from the Site for your own convenience, but you may not copy, distribute, republish (except as permitted in this paragraph), sell, or exploit any of the content, or exploit the Site in whole or in part, for any commercial gain or purpose whatsoever. Except as is expressly and unambiguously provided herein, Xarxa and its suppliers do not grant you any express or implied rights, and all rights in the Site and the Services not expressly granted by Xarxa to you are retained by Xarxa.
13.Disclaimer of Warranties
WE PROVIDE THE SITE AND THE SERVICES “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE.” WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING ALL STATUTORY WARRANTIES, WITH RESPECT TO THE SERVICES AND THE SITE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES THAT THE SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, RELIABLE OR ACCURATE OR WILL MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING.
14.We Do Not Provide Medical Advice
YOU SHOULD NOT RELY ON THE INFORMATION PROVIDED ON THE SITE AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL ADVICE FROM A HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE SITE.
DO NOT USE THE SITE FOR EMERGENCY MEDICAL NEEDS. IF YOU EXPERIENCE A MEDICAL EMERGENCY, PLEASE CALL YOUR NEAREST HOSPITAL.
YOUR USE INFORMATION PROVIDED ON THE SITE IS SOLELY AT YOUR OWN RISK. NOTHING STATED OR POSTED ON THE SITE OR AVAILABLE THROUGH ANY SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE OR THE PROVISION OF MEDICAL CARE.
We do not recommend or endorse any specific tests, physicians, procedures, opinions, or other information that may appear on the Site. If you rely on any of the information provided by the Site, you do so solely at your own risk. We have no control over, and cannot guarantee the availability of any physician at any particular time. We will not be liable for cancelled or otherwise unfulfilled appointments or any injury resulting there from.
15.General Limitation of Liability
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS THE CANCELLATION OF YOUR REGISTRATION. IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO OR ARISING OUT OF YOUR USE OF THE SERVICES OR THE SITE, REGARDLESS OF THE FORM OF ACTION, EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, THAT YOU PAID TO UTILIZE THE SITE OR THE SERVICES.
IN NO EVENT SHALL WE BE LIABLE TO YOU (OR TO ANY THIRD PARTY CLAIMING UNDER OR THROUGH YOU) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, OR INABILITY TO USE, THE SITE AND/OR THE SERVICES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
16.Governing law
These terms and conditions shall be governed by and construed in accordance with the laws of India. Any dispute arising under these terms and conditions shall be subject to the exclusive jurisdiction of the courts of Bangalore, India.
These terms and conditions are in addition to the general Terms of Use.
17.Termination
We may terminate and/or suspend your registration immediately, without notice, if there has been a violation of these Terms of Use or other policies and terms posted on the Site by you or by someone using your Credentials. We may also cancel or suspend your registration for any other reason, including inactivity for an extended period, but will attempt to notify you in advance of such cancellation or suspension. Xarxa shall not be liable to you or any third party for any termination of your access to the Site and/or the Services. Further, you agree not to attempt to use the Site and/or the Services after any such deletion, deactivation or termination. Sections 12, 13, 14, 15, 16, 17, 18, 19, 20 and 22 shall survive any termination or expiration of these Terms of Use.
18.Indemnification
Upon a request by us, you agree to defend, indemnify, and hold harmless us, our employees, contractors, officers, directors, agents, parent, other affiliated companies, and suppliers, from all liabilities, claims, demands and expenses, including attorney's fees, made by any third party that arise from or are related to (a) your access to the Site, (b) your use of the Services, or (c) the violation of these Terms of Use by you or any third party using your Credentials of any intellectual property or other right of any person or entity. The foregoing indemnification obligation does not apply to liabilities, claims and expenses arising as a result of our own gross negligence or intentional misconduct.
19.Electronic Contracting and Notices
Your affirmative act of using this Site and/or registering for the Site or the Services constitutes your electronic signature to these Terms of Use and your consent to enter into agreements with us electronically.
20.Entire Agreement
This agreement and any supplemental terms, policies, rules and guidelines posted on the Site, including the Privacy Policy, constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of Xarxa to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
21.Assignment
We may assign this contract at any time to any parent, subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of our company to another entity. We will post a notice on the Site regarding any change of ownership so that you have the opportunity to discontinue your use of the Site or cancel your registration if you do not wish to continue to use the Site and the Services under the new ownership. You may not assign, transfer or sublicense these Terms of Use to any one else and any attempt to do so in violation of this section shall be null and void.
22.Eligibility
You must be 18 or over, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, to register with us or use the Site and the Services. If you are between the ages of 13 and 18 or the applicable legal age in your jurisdiction, you can use the Site or Services only in conjunction with, and under the supervision of, your parent or guardian who has agreed to the Terms of Use. If you are under the age of 13, you may not use the Site or Services. If you are the parent or legal guardian of a child under the age of 18, you may use the Site or Services on behalf of such minor child. By using the Site or Services on behalf of a minor child, you represent and warrant that you are the parent or legal guardian of such child. If you do not qualify under these terms, do not use the Site or Services. Membership in the Services is void where prohibited by applicable law, and the right to access the Site is revoked in such jurisdictions. By using the Site and/or the Services, you represent and warrant that you have the right, authority, and capacity to enter into these Terms of Use and to abide by all of the terms and conditions set forth herein. The Site is intended for users in India; any use outside of India is at the user's own risk and users are responsible for compliance with any local laws applicable to their use of the Services or the Site.
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