TERMS & CONDITIIONS

INTRODUCTION

We, BookMyHealthCheckup.com, a brand owned by Sivaleen Inc, provide access to this Web Site and services associated therewith upon the terms and conditions of use set out below. By accessing or using this Web Site and/or associated services, you explicitly agree to comply with and be bound by these terms and all conditions or policies incorporated by reference herein. The agreement so entered into (and incorporating all these terms and conditions) shall be governed by the laws of India. This agreement and its terms shall prevail over any other terms, conditions or information inconsistent therewith, whether found on this Web Site or otherwise. We may assign the agreement at any time to any affiliated company, or as part of the sale to, merger with, or other transfer of our company to another entity. You hereby agree to bring any disputes concerning the agreement exclusively before the courts of India and you hereby irrevocably submit to the jurisdiction of these courts. If you do not agree to all these provisions, do not use this Web Site or any associated services.

When you use this Web Site or any associated services, we may collect, store and use certain information as described in the section entitled “Privacy Policy” below. If you do not agree to such provisions, do not use this Web Site or any associated services.

We reserve the right to change or modify any of the terms and conditions contained herein, or otherwise governing use of this Web Site, at any time and in our sole discretion. Unless otherwise specified, any revisions will be effective immediately upon posting on the Web Site, and your continued use of the Web Site will constitute your acceptance of such revised terms. If you do not agree to any revised terms, do not use this Web Site or any associated services.

USE OF THE WEB SITEUSE OF THE WEB SITE

Appointments

This Web Site provides the means for an healthcare service provider to accept bookings for health checkup packages from registered users. If an healthcare provider chooses to make use of such functionality in this Web Site, our only role is to provide the means for you to communicate with the user. The tools provided on this Web Site for the booking health checkup packages are provided on an “as is” basis without warranties of any kind, either express or implied, and you acknowledge that we accept no liability for any failure, disruption, downtime, interruption, delay, inaccuracy, or any other nonperformance of such tools. If you choose to book an appointment with an healthcare service provider using such tools, you are advised to confirm such appointment by other means; in any event, the healthcare service provider alone is answerable to you for honouring any appointment. Your dealings or communications with healthcare provider are solely between you and such healthcare provider.

User-Provided Content

This Web Site also provides opportunities for registered users to post reviews and/or accounts of their experiences with healthcare service provider or other content, messages, materials or other items (“User-Provided Content”). All User-Provided Content should be treated as individual, and highly subjective, opinions, which are those of the respective users and not of ours. We do not in any way endorse any User-Provided Content. You are solely responsible for accessing User-Provided Content and any reliance you may place on such content is done solely at your own risk. We take no responsibility and assume no liability for any User-Provided Content posted, stored or uploaded by any user, nor are we liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter.

Third Parties

This Web Site may contain links to third-party Web sites ("Third-Party Sites") and third-party content ("Third-Party Content") as a service to those interested in this information. You use links to Third-Party Sites, and any Third-Party Content therein, at your own risk. We do not monitor or have any control over, and make no claim or representation regarding, Third-Party Content or Third-Party Sites. We provide these links only as a convenience, and a link to a Third-Party Site or Third-Party Content does not imply our endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Site or Third-Party Content.

Listings from healthcare service provider

This Web Site carries listings (“Listings”) of Healthcare service provider (“Advertisers”). All information associated with a listing is provided by the Advertiser. We do not in any way endorse any listing. You are solely responsible for accessing listing and any reliance you may place on such listing is done solely at your own risk. We take no responsibility and assume no liability for any listing on this Web Site nor for the accuracy of any information contained therein or associated therewith. Your dealings or communications with, Advertisers, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such Advertiser. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of listing appearing on this Web Site.

Disclaimer

We do not provide medical services, medical advice or healthcare services of any sort, and nothing stated or posted on this Web Site should be interpreted as such. We do not recommend or endorse any healthcare service provider. If you rely on any information posted on this Web Site, you do so solely at your own risk.

We have no special relationship with or fiduciary duty to you. Your dealings or communications with, healthcare service provider, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such healthcare service provider, and we will not be responsible or liable for any loss, damage or injury which you may sustain arising from any services provided to you by healthcare service provider (or from any failure to provide services to you). You acknowledge that we have no control over, and no duty to take any action regarding: which users gain access to this Web Site; what content is posted by users on this Web Site; what content you access via this Web Site; what effects the content may have on you; how you may interpret or use the content; or what actions you may take as a result of having been exposed to the content. This Web Site may direct you to sites containing content that you may find offensive or inappropriate. We make no representations concerning any content contained in or accessed through this Web Site, and we will not be responsible or liable in any way for such content, and you hereby release us from all liability for your having acquired or accessed content through or via this Web Site.

This Web Site and all associated services and content are provided on an "as is" basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement.

Limitation of Liability

You waive and agree not to assert any claims or allegations of any nature whatsoever against us arising out of or in any way relating to your use of this Web Site and all associated services, the content or the materials contained in or accessible through this Web Site, including, without limitation, any claims or allegations relating to the alleged infringement of proprietary rights, alleged inaccuracy of content, or allegations that we have or should indemnify, defend or hold you harmless from any claim or allegation arising from your use or other exploitation of this Web Site. You use this Web Site at your own risk.

Without limitation of the foregoing, we shall not be liable for any loss of profits, loss of use, or other economic loss or any damages of any kind, whether direct, indirect, special, consequential, punitive or otherwise, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of this Web Site, the services, the content or the materials contained in or accessible through this Web Site, including without limitation any damages caused by or resulting from your reliance on any content or other information obtained from or accessible via this Web Site. If, notwithstanding the foregoing, we incur any liability which cannot be excluded by law, our aggregate liability, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of the site shall not exceed one thousand Indian rupees.

USE OF POSTING SERVICES

Posting Services

This Web Site provides opportunities for you, as a registered user, to post reviews and/or accounts of your experiences with healthcare service provider or other content, messages, materials or other items on this Web Site (“Posting Services”) upon the terms and conditions set out below. By completing the registration process, you explicitly agree to comply with and be bound by these terms and conditions. If you do not agree to all these provisions, do not register yourself.

Registration Data

As a condition to using the Posting Services you are required to register with us and you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on this Web Site ("Registration Data"); (b) maintain the security of your password; (c) maintain and promptly update the Registration Data, and any other information you provide to us, and to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to us. Failure to do so shall entitle us to immediately terminate your account.

User-Provided Content

You undertake not to post, upload to, transmit, store, create or otherwise publish through this Web Site any content (“User-Provided Content”):

  1. that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
  2. that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any other party.

Any breach of the foregoing shall entitle us to, among other things, terminate or suspend your account.

Although we have no obligation to screen, edit or monitor any User-Provided Content, we reserve the right, and have absolute discretion, to remove, screen or edit without notice any User-Provided Content posted or stored on this Web Site at any time and for any reason, (without any liability for replacing any such content).

User-Provided Content which you post or store on this Web Site will be considered non-confidential. Without limiting the foregoing, we reserve the right to use the User-Provided Content as we deem appropriate, including, without limitation, accessing, disclosing, deleting, editing, modifying, rejecting, or refusing to post it.

Rights to User-Provided Content

By using the Posting Services you (a) grant us a non-exclusive, royalty-free, perpetual, irrevocable right to use, reproduce, modify, adapt, translate, publish, and publicly display and perform User Provided Content throughout the world in any media, now known or hereafter devised; (b) grant us the right to use the name that you submit in connection with such User-Provided Content; and (c) represent and warrant that (i) you own and control all of the rights to the User-Provided Content that you post, or you otherwise have the lawful right to post such content to or through this Web Site; and (ii) use and posting or other transmission of such User-Provided Content will not violate any rights of or cause injury to any person or entity.

Notifications

As part of the services provided, we will send you email to notify you on articles or materials that may interest you. You may unsubscribe by contacting us or using the unsubscribe option in the email updates that we forward to you.

Indemnity

You will indemnify and hold us harmless from any claim or demand made by any third party due to or arising out of your use of the Posting Services, the posting of any User-Provided Content, the breach of any of the terms herein, or the infringement of any intellectual property or other right of any person or entity in connection therewith.

Take Down Notice

If you believe in good faith that the materials we host infringe on your copyright, you (or your agent) may send us a notice, requesting that we remove or block access to the infringing material, which shall include the following information:

  • An electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed;
  • A description of where the material that you claim is infringing is located on the Web Site;
  • Your name, address, telephone number, and e-mail address;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • A written undertaking by the copyright owner will undertake to compensate us any damages, loss or liability arising from our compliance of such notification.
 

Please forward your notification to the following address:

BookMyHealthCheckup.com
c/o Sivaleen Inc
Email:

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