Terms of Service of IGATE HEALTH (IGATE HEALTH Services Pvt Ltd) 

Last Updated: June, 2022  

This ‘Terms of Service’ has some essential information about the terms and policies you need to read agree and follow before using IGATE HEALTH’s Platform. The terms and policies are described in this ‘Terms of Service’ that includes related policies and guidelines discussed below. IGATE HEALTH may amend these terms and policies whenever it is found so necessary to maintain and improve our relationship and service requirements. The instant ‘Terms of Service’ may contain parcel and parcel certain guidelines, rules and benefits that are applicable and binding upon You towards other member/users of IGATE HEALTH. For the purpose of this Privacy Policy, we use the word “Platform”. 

Your use/access/browsing of the Platform or the Services or products therein or registration (with or without payment/with or without subscription) on the Platform through any means shall signify Your acceptance of this Terms of Service Terms and Your agreement to be legally bound by the same. IGATE HEALTH has the right to amend these Terms of Service from time to time without notice and without liability to you or any third party 

1. AGREEMENT 

1. The Agreement: This ‘Terms of Service’ is an “agreement between You and IGATE HEALTH” and not between you and any other member/user of IGATE HEALTH Platform.  

1. IGATE HEALTH is MedTech company that enables You to experience and utilise technological avenues and solutions for enabling easy of access and connectivity to You to trained and qualified medical practitioner/s and pharmaceuticals through a convenient Platform. The terms “IGATE HEALTH” “we,” “us,” and “our” means IGATE Health Services Private ltd. and our affiliates. We use the terms “you” and “your” to mean any person using our Platform, and any organization or person using the Platform on an organization’s behalf. We use the word “Platform” to mean any website, mobile site(s) and mobile app(s), application, or service offered by IGATE HEALTH including content we offer and electronic communications we send. We provide our Platform to you subject to these Terms of Service. We use “Terms of Service” and “Agreement” interchangeably to mean this document together with our Usage and Content Policies, Group Policies, relevant and pertinent policies and legal standards and guidelines, member restrictions, payment policies, and trademark Usage Guidelines. 

1. Your use of the Platform signifies that you have read and agreed to this Agreement. If you are using the Platform for an organization, you agree to this Agreement on behalf of that organization, and represent you have authority to bind that organization to the terms contained in this Agreement. If you do not or are unable to agree to this Agreement, do not use our Platform. 

1. In this regard ‘You’ is a ‘User’ can be a ‘Patient’, ‘Medical Practitioner’ or any ‘Other User’ and shall apply to: 

1. A patient, his/her representatives or affiliates, searching for Practitioners through the Website.  

1. A medical practitioner or health care provider or medical technician or diagnostician (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. 

1. Otherwise any Other User of the Website  

1. This Agreement applies to those IGATE HEALTH specialised services (hereafter referred to as ‘“Services”) made available by IGATE HEALTH on the Website, which are offered to User who are 

1. On Payment of Consultation Fees for ‘Patients’ or ‘Other Users’ for  

1. registration and creation of personalised IGATE HEALTH membership accounts;  

1. provision for listing, search and information of medical practitioners/doctors/professionals/technicians so designated and segregated by nomenclature, specialty, and geographical area, time slots or any other required criterion so proposed, developed or provided by IGATE HEALTH; 

1. provision of forum and interface for fixing/booking of appointment and interaction listed on medical practitioners/doctors/health professionals on IGATE HEALTH Platform. 

1. Payment by IGATE HEALTH of Consultation Fee on deduction of fixed percentage of Commission Charge for ‘Medical Practitioner’ for such successful appointment vide listing of medical practitioners/doctors/professionals/technicians constituting their designated profiles and contact details with all relevant information including but not exclusively specialisations, location, flexibility in time slots, medium for consultation etc. to be to be made available to the Patients’ or ‘Other Users’ such other visitors to the Website; 

1. Revisions to this Agreement: We may amend or modify this Agreement from time to time. When we do, we will notify by publish the most current version with its revised date. If we make any material change to this Agreement, we will provide additional notice to you, such as by sending you an email or displaying an important notice on our Platform or any other method as may updated from time to time. By continuing to use the Platform after any changes come into effect, you agree to the revised Agreement. 

1. Legal Compliance of this Agreement: This Agreement shall in compliance with all laws prevalent in the Republic of India including but not limited the Indian Contract Act, 1872, the Indian Information Technology Act, 2000 with all the rules, regulations, guidelines and clarifications framed there under said the Act and Prevention of Corruption Act, 1988. 

1. YOUR ACCOUNT AND MEMBERSHIP  

1. Eligibility: The minimum requirement for a person registration for membership and utility of the services on the Platform, meeting the pre-requites required by such person to form legally binding contracts as per the Indian Contract Act, 1872 and IGATE HEALTH will accept your representation such minimum pre-requisites while sign up formalities based on principle of assumption of truthful representation. Persons who are minors, un-discharged insolvents etc. are not eligible to register for IGATE HEALTH’s products or Services. As a minor if You wish to use Our products or Services, such use shall be made available to You by way of registration through the minor’s legal guardian or parents, who have agreed to these Terms and it is assumed that such use solely made available through the minor’s the legal guardian or parents and all the data provided on the Platform by such legal guardians/parents are accurate and complete. Additional eligibility requirements for some particular portions of our Platform may be laid down by such person or entity as authorised by IGATE HEALTH to be created or be vested with the capacity to moderate or administer that section of our Platform.  

1. Account Registration: Please read the IGATE HEALTH’s Privacy Policy (‘Privacy Policy’) with respect to registration with IGATE HEALTH, the use of the Platform and services and products therein before using the same. In the event of any discrepancy between the Terms of Service and any other policies with respect to the Platform, the provisions of the Terms of Service shall prevail. 

1. Suspension of Your Account. We in our sole discretion, may modify, suspend or terminate your account or right to use the Platform if we establish that you have dishonoured this Agreement, including any of the policies or guidelines that are part of this Agreement, that are in the best interest of the IGATE HEALTH User/s, or to protect IGATE HEALTH’s brand or Platform. We also may do away with accounts of members who are inactive for an extended period of time subject to issuance a one-time notification. A member who has the ability to moderate or administer a particular portion of our Platform in his or her sole discretion also be vested with the ability to amend, suspend, or terminate your access to that portion of the Platform. 

1. Termination of Account: IGATE HEALTH will reserve the right to terminate your registered Membership on the Platform and / or refuse to provide You with access to the products and/or services on the Platform, if it is detected that You do not meet the criteria as per Clause 2.1 or at sole discretion of IGATE HEALTH find that a listed a Medical Practitioner has committed maleficence or fraud or misrepresentation or violated and complied with any other part of the Terms of Service herein. Further a Patient or Other User who provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or IGATE HEALTH has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, IGATE HEALTH has the right to discontinue the Services to the User at its sole discretion. IGATE HEALTH shall bear no responsible for any consequence that arises as a result of misuse of any kind of the Platform or the services rendered therein that may occur by virtue of any person including a minor registering for/on the same. 

1. Account Information and Security. During the registration process, you will be required to provide us with some basic general information amongst which will include a registered and active email address and a password therein. Keep your email address and other account information up to date and precise. Also, you agree to maintain the security and confidentiality of your password, failure of which may lead to deactivation/disablement of your IGATE HEALTH’s account. IGATE HEALTH shall bear no responsibility whatsoever for the sharing your registered IGATE HEALTH account credentials with other members shall be borne by you and IGATE HEALTH and   any of the consequences for such failure on your part to maintain the security and confidentiality. In the event that it comes your notice of unauthorised usage of your IGATE HEALTH’s account information and password, you will be required to inform us at admin@igatehealth.com   within 24 hours of notification of such unauthorised usage. 

1. SERVICE & PRODUCT FEES, PAYMENTS, AND OFFERS 

1. Consultation Fees: On perusal of display Services and Products offered by IGATE HEALTH on the Platform and their respective Consultation Fees, You i.e. “Patient’ and /or ‘Other User’ seek to convey interest in the said displayed/offered service or products on the Platform, designated means on the Platform. Subject to successful registration on the Platform and confirmation of service and/or products by way of the Platform (‘Appointment’), IGATE HEALTH charge the entire Consultation Fees for confirmed service and/or product on the Platform vide payment method of credit card, debit card or net banking (‘Payment method’), as the case may be, prior to time and date of commencement of rendering to You of service and/or product by IGATE HEALTH on its Platform. On receipt of the Consultation Fees, IGATE HEALTH will through the Platform linked your respective Account, will generate a system invoice for selected and confirmed service and/or product on the Platform along with subsequent concurrent invoice from IGATE HEALTH which shall be inclusive of all applicable taxes. Unless otherwise stated, all Consultation Fees and all transactions on the Platform are in Indian Rupees (INR) and such applicable currency conversion fee shall apply. 

1. On receipt of receipt of the Consultation Fees by IGATE HEALTH, IGATE HEALTH shall transfer/remit to You i.e. specifically ‘Medical Practitioner’ such remainder Consultation Fees after deduction of such agreed percentage of Commission Fees at such percentage or revised percentage as shared with the Medical Practitioner (You) from time to time for your acceptance for continuation of Services rendered by IGATE HEALTH.   

1. Cancellation and Refunds: If a Appointment on the Platform:  

1. Is sought to cancelled 60 minutes prior to the Service Commencement Time, IGATE HEALTH will be refund to You, the Consultation Fees so collected with regard to the Appointment is sought to be cancelled. You agree that IGATE Health is entitled to levy cancellation charges which will be so deducted and remainder Consultation Fees will be processed and refunded by IGATE HEALTH in respect cancellation of an Appointment vis-à-vis Appointment Session Period within 60 minutes from Service Commencement Time. 

1. Where You i.e. Patient or Other User have booked a paid appointment and is unable to visit the Practitioner, due to such genuine reasons of sickness etc. at the sole discretion of IGATE HEALTH, pursuant to conducting of investigation, the User shall be provided with a refund of such payment made by You, at the time of booking. However, where cancellation charges have been levied, you would not be entitled to complete refund. 

1. IGATE HEALTH expressly and specifically stated on occurrence of the event of the You i.e. Medical Practitioner with whom the Patient or Other User has booked a paid Appointment and You has not been able to meet Patient or Other User, then You i.e. Medical Practitioner  will need to write to us at admin@igatehealth.com   within 2 days from the occurrence of such event; in which case, the entire consultation amount as mentioned on the Platform will be refunded to the Patient or Other User within 14 business days in the original mode of payment done by such Patient or Other User while booking such Appointment.  

1. IGATE HEALTH expressly and specifically stated on occurrence of the event of the You i.e. Patient or Other User, fails to show up for the Appointment booked with the selected listed Medical Practitioner, without cancelling the appointment beforehand as entailed in Clause 3.2.1, then IGATE HEALTH reserves the sole and absolute right to not refund the Consultation Fess. The selected listed Medical Practitioner’s inability to meet You at the exact time slot of the selected Appointment will not entitle You to a refund and You expressly agree to wait, irrespective of whether You opt to wait or opt to not obtain the service of  

1. Users will not be entitled for any refunds in cases where, the Practitioner is unable to meet the User at the exact time of the scheduled appointment time and the User is required to wait subject to same not being more than 24 hours. 

1. IGATE HEALTH will keep you informed about the features that are free and those that are chargeable. Where Consultation Fees apply, you are liable to pay the Consultation Fees with all/any associated taxes for your continued use of those applicable services and/or products on the Platform. In general service/product so entailed in a selected Appointment is designated by the listed Medical Practitioner (with variation plus or minus 10% of time frame based on Appointment’s facet logical ending) (‘Appointment Session Period’). IGATE HEALTH will not be responsible for the an any alternation of a selected period of Appointment Session Period shall be intimated to You prior to Service Commencement Time. 

1. You represent and warrant that you are approved to use the payment method of credit card, debit card or net banking (‘Payment method’) you designate via the Platform. You authorize us and our designated third-party payment processors to charge your designated Payment Method for the total amount of any fees (including any applicable taxes and other charges) you owe to IGATE HEALTH. If the payment method cannot be verified, is invalid, or is otherwise not acceptable to us, your payment may be suspended or cancelled. In case of any errors or mistakes, we reserve the right to correct or to instruct our payment processors to correct, even if payment has already been requested or received. We also may issue refunds, or instruct our payment processors to issue refunds, in accordance with such concerned and conveyed payment polices.  

1. Free Trials: We may offer subscriptions and other services and or/products on our Platform on free trial basis for a limited period. We will keep you informed of the duration of the free trial, your renewal period, along with the date and amount of your first payment. Your paid Appointment will begin and we will only bill you for each selected Appointment session or period until cancellation as soon as your free trial ends.   

1. Third Party Transactions. Your IGATE HEALTH group or its members may receive offers from third parties, such as discounts, services, courses, sponsorships, or other benefits. IGATE HEALTH is not involved in any dealings or payments between You and third parties, and these Terms of Service do not govern such transactions. 

1. Queries: In case of any assistance or queries concerning the Appointment or Appointment Session period or Consultation Fees or Payment Method or anything less, you make reach out and contact us at contact us at admin@igatehealth.com   

1. YOUR CONTENT AND PRIVACY 

1. Your Content: You are solely responsible for your Content. “Content” means any information, material, posted to our Platform or otherwise provide to us such as feedback, discussion, queries, doubts, comments, or suggestions shared with us. You agree that you and your Content shall not violate the rights of any third party such as copyrights, trademarks, contract rights, privacy rights, or publicity rights, this Agreement. 

1. Content License from You: We do not claim ownership of your Content. However, in order to enable us to operate, improve, promote, and protect IGATE HEALTH and our Platform, and to ensure we do not violate any rights you may have in your Content, you hereby grant IGATE HEALTH a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable, transferable right and license ( including a waiver of any moral rights) to use, host, store, reproduce, amend, publish, publicly display, publicly perform, distribute, and create derivative works of, your Content and to commercialize and exploit the copyright, trademark, publicity, and database rights you have in your Content. 

1. Privacy: IGATE HEALTH collects registration and other information about you through our Platform. Please refer to our Privacy Policy and Cookie Policy for details on how we collect, use, and disclose this information. These policies do not govern use of information that you provide to third parties, such as other members of IGATE HEALTH’ Platform. 

1. YOUR USE OF OUR PLATFORM 

1. Our Policies, Guidelines and Applicable Laws: When you use our Platform, we require that you follow these Terms of Service, Usage and Content Policies, Privacy Policies, Restrictions, Payment Policies, and Trademark Usage Guidelines. You also agree to comply with all applicable laws, rules and regulations, and to not violate or infringe the rights of any third party. If you do not comply, we may amend, suspend or terminate your account or access to the Platform, at our sole discretion.  

1. You shall not use Platform for any commercial purposes of any kind or in any way that is unlawful, or harms the Company or any other person or entity as determined by the Company 

1. Content of Others: IGATE HEALTH does not control the Content of other members. When we become aware of inappropriate Content on our Platform, we reserve the right to investigate and take appropriate action, but we do not have any obligation to monitor, nor do we take responsibility for, the Content of other members. 

1. Interactions with Others: IGATE HEALTH is not a party to any offline arrangements made through our Platform. IGATE HEALTH does not conduct or require background checks on members, and does not attempt to verify the truth or accuracy of statements made by members. IGATE HEALTH makes no representations or warranties concerning the conduct or Content of any members or their interactions with you. 

1. No Resale, No Modification: Our Platform contains proprietary and confidential information and is protected by intellectual property laws. Unless IGATE HEALTH expressly permits it through this Agreement, you agree not to amend, reproduce, sell or charge a fee, offer to sell or charge a fee, make, create derivative works based on, or distribute, decompile, reverse engineer, or disassemble the contents of the Application and / or our Website and/or Services/ products (i.e. the Platform) or alter, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Platform, or remove any copyright, trademark registration, or other proprietary notices from the contents of our Platform,  including any data, or Content of others. If you are a developer working with our API, you should review our API license in Section 5.8, 5.9 and 5.10 of the Terms of Service for more information on how this impacts you. 

1. No Technical Interference with the Platform: You agree that you will not engage in any activity or post any information or material that interferes with or disrupts, or that is designed to interfere with or disrupt, the Platform or any hardware used in connection with the Platform or disrupt or interfere with the security of, or otherwise cause harm to, the Platform, materials, systems resources, or gain unauthorized access to Membership Accounts, passwords, servers or networks connected to or accessible through the Platform or any affiliated or linked sites. You will not interfere with any other person or member’s use or enjoyment of the Platform or other affiliated sites, or engage in disruptive attacks such as denial of service attack on the Platform; 

1. Platform Modifications: IGATE HEALTH works hard to continuously improve our Platform. As such IGATE HEALTH has the right to change modify, suspend, or discontinue and/or eliminate any aspect(s), features or functionality of the Platform as it deems fit at any time without notice. You expressly agree that IGATE HEALTH makes no commitment, express or implied, to maintain or continue any aspect of the Platform. You agree that the Company shall not be liable to You or any third party for any modification, suspension or discontinuance of the Platform.  

1. Third Party Sites and Services: The Platform contains links to third party sites, and is integrated with various third party services, applications and sites that may make available to you their content and products. We do not represent or control these third parties and are not responsible for those sites or services or their content or products. These third parties may have their own terms and policies, and your use of them will be governed by those terms and policies. 

1. API License: IGATE HEALTH offers an application programming interface, also known as an “API”. Subject to your compliance with this Agreement and the policies and guidelines that are part of this Agreement, including our Trademark Usage Guidelines, IGATE HEALTH grants to you a limited, non-exclusive, non-transferable, non-sub licensable, revocable license to use the IGATE HEALTH application programming interface, including data or other Content made available via the IGATE HEALTH API, (“IGATE HEALTH API”) solely to facilitate the development of communication, interactions, networking, event and group related applications using Platform data and developer tools. We refer to this license in this Agreement as the “API License”. For any application you develop with the IGATE HEALTH API, you agree to do the following: 

1. Provide and comply with a publicly accessible privacy policy that describes method utilised for collection, sharing, use, and retention of user information. Your privacy policy must be held to the same standards of protection of personal information of IGATE HEALTH’ members as that of IGATE HEALTH’ Privacy Policy.  

1. Don’t cache or store data you receive via the IGATE HEALTH API for an unreasonable amount of time given the relevance of that data and how it is used on your application. 

1. Protect any keys used to access the IGATE HEALTH API and any data you receive via the IGATE HEALTH API against unauthorized access, use or disclosure, and immediately report security issues to admin@igatehealth.com   

1. Clearly indicate in the application that the application uses the IGATE HEALTH API but is not verified by IGATE HEALTH. 

1. Only use the most current version of the IGATE HEALTH API. 

1. Only use the IGATE HEALTH API in accordance with any documentation or other written instructions provided by IGATE HEALTH, and do not attempt to circumvent any limitations or restrictions. 

1. Do not introduce any harmful, infringing or unlawful data or material via the IGATE HEALTH API, including viruses or other malware. 

1. Don’t make unreasonable uses of the IGATE HEALTH API such as uses that substantially replicate our Platform or significant aspects of the Platform, or that mislead, confuse, or surprise members. 

1. IGATE HEALTH reserves all rights not expressly granted under this Agreement. By availing the utilisation of IGATE HEALTH API, You hereby authorize us to monitor your use of the IGATE HEALTH API in order to verify your compliance with the terms of this Agreement, and to operate, improve and protect the Platform. For more documentation on usage our API, or to request an API key, see our API page.  

1. You may terminate this API License by discontinuing use of IGATE HEALTH’ API. We may terminate the IGATE HEALTH API at any time for any reason. This API License terminates automatically if (a) you violate any term of this Agreement, (b) we provide a written notice of termination, or (c) we discontinue your access to the IGATE HEALTH API. All sections restricting your access to and use of any data you receive via the IGATE HEALTH API will survive any termination of these API License terms. 

1. Prohibited Activities: No Member on the Platform shall be act or perform any of the following prohibited activities while accessing and utilising the Platform: 

1. Any post, upload, publishment, submission or transmission any Content that content (i) is misleading, unlawful, harmful, threatening, abusive, tortious, defamatory, libelous, vulgar, obscene, child-pornographic, lewd, lascivious, profane, invasive of another’s privacy; (ii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual, ethnicity or group or otherwise objectionable; (iii) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (iv) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive;  

1. Use of any program, algorithm or methodology, deep-links, page-scrape, robot, spider or other automatic device or any similar or equivalent manual process, to increase traffic to the Platform; 

1. Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity 

1. Stalking, intimidating and/or harassing another and/or inciting other to commit violence or is violent or threatening or promotes violence or actions that are threatening to any other person; 

1. Transmitting material that encourages anyone to commit a criminal offence, that results in civil liability or otherwise breaches any relevant laws, regulations or code of practice;   

1. promotes illegal or harmful activities or substances; 

1. Post, transmission or make available any material that contains viruses, trojan horses, worms, spyware, time bombs, cancelbots, or other computer programming routines, code, files flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology or programs that may harm the Application/services, interests or rights of other Members on the Platform or limit access or use the Platform in any manner that could damage, disable, overburden or impair any of the Platform’s servers or the networks connected to any of the servers on which the Platform is hosted. 

1. Sans specific and express consent to use or control the same, the display, publish, provide, put forth, share or make available any content or material concerning which You have no rights under law or concerning which You have contractual or fiduciary relationship  

1. Post, transmission or make available any material that affects the functionality of any computer software, hardware or telecommunications, or that may harvest or collect any data or personal information about other Users without their consent; 

1. Advertising or selling on the Platform whether the same is for profit or not, any Application or any products, services or domain names or otherwise  

1. Use any programme, device or algorithm to gain access, acquire, reproduce, replicate observe or monitor the Platform and any content therein through any surreptitiously obtain the same through the Platform. 

1. Intentionally or unintentionally interfere with or disrupt the services or violate any applicable laws related to the access to or use of the Platform violate any requirements, procedures, policies or regulations of networks connected to the Platform, or engage in any activity prohibited by these Terms of Service; 

1. Soliciting Members or others including, without limitation, solicitations for contributions, political funding, religious funding or donations or use any public forum for commercial purposes and inducements of any kind or otherwise solicit any Member or recruit by employee of IGATE HEALTH, as the case may be, to join a competitor of IGATE HEALTH; 

1. Use of the Platform for purposes that are (i) that violates or is not permitted by these Terms of Service; and (ii) any applicable law, statutory guidelines, legislations, regulation or generally accepted business practices or guidelines in the relevant jurisdiction;  

1. RELEASE 

You agree to release us and our officers, directors, shareholders, agents, employees, consultants, affiliates, subsidiaries, sponsors, and other third-party partners (referred to in this Agreement as “IGATE HEALTH Parties”) from claims, demands, and damages (direct and consequential) of every kind and nature, known and unknown, now and in the future (referred to in this Agreement as “Claims”), arising out of or in any way connected with any transaction with a third party, your interactions with other members, or in connection with any group or any event, within or outside the Platform.  

1.  INDEMNIFICATION 

You agree to indemnify, defend and hold all IGATE HEALTH, its officers, directors, employees and agents, harmless from any  claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, made due to or arising in any way out of (a) your violations of these Terms of Service, (b) your use, misuse, or abuse of our Platform, (c) your Content, (d) your violation of any law, statute, ordinance or regulation or the rights of a third party, or (e) your participation or interaction with any Member or a group or an event that violates these Terms of Service. You agree to promptly notify us of any third party Claims, cooperate with IGATE HEALTH in defending such claims and pay all fees, costs and expenses associated with defending such Claims [including but not limited to costs any injuries, losses, expenses or damages (compensatory, direct, incidental, consequential or otherwise)]. You agree not to settle any Claim without our prior written consent. 

1. WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY 

1. WARRANTY DISCLAIMER: OUR PLATFORM IS PROVIDED TO YOU “AS IS” AND ON AN “AS AVAILABLE” BASIS. WE DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING BUT NOT LIMITED TO STATUTORY WARRANTIES, AND THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE ALSO DISCLAIM ANY WARRANTIES REGARDING (A) THE RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF OUR PLATFORM, (B) ANY INFORMATION, ADVICE, SERVICES, OR GOODS OBTAINED THROUGH OR ADVERTISED ON OUR PLATFORM OR BY US, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS TO OTHER WEBSITES OR RESOURCES PROVIDED THROUGH OUR PLATFORM, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE PLATFORM, AND (D) THE CORRECTION OF ANY ERRORS IN THE PLATFORM, (E) ANY MATERIAL OR DATA OBTAINED THROUGH THE USE OF OUR PLATFORM, AND (F) DEALINGS WITH OR AS THE RESULT OF THE PRESENCE OF MARKETING PARTNERS OR OTHER THIRD PARTIES ON OR LOCATED THROUGH OUR PLATFORM. YOUR USE OF ANY INFORMATION OR MATERIALS ON THIS WEBSITE/APPLICATION/SERVICES/PRODUCTS (i.e. THE PLATFORM) IS ENTIRELY AT YOUR OWN RISK, FOR WHICH WE SHALL NOT BE LIABLE. IT SHALL BE YOUR OWN RESPONSIBILITY TO ENSURE THAT SERVICES PROVIDED BY US MEET YOUR SPECIFIC REQUIREMENTS 

1. LIMITATION OF LIABILITY: YOU AGREE THAT IN NO EVENT SHALL ANY IGATE HEALTH PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES,  INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF ANY IGATE HEALTH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF OR IN CONNECTION WITH (A) OUR PLATFORM OR THIS AGREEMENT OR THE INABILITY TO USE OUR PLATFORM (HOWEVER ARISING, INCLUDING OUR NEGLIGENCE), (B) STATEMENTS OR CONDUCT OF OR TRANSACTIONS WITH ANY MEMBER OR THIRD PARTY ON THE PLATFORM, (C) YOUR USE OF OUR PLATFORM OR TRANSPORTATION TO OR FROM IGATE HEALTH EVENTS, ATTENDANCE AT IGATE HEALTH EVENTS, PARTICIPATION IN OR EXCLUSION FROM IGATE HEALTH GROUPS OR IGATE HEALTH EVENTS AND THE ACTIONS OF YOU OR OTHERS AT IGATE HEALTH EVENTS, OR (D) ANY OTHER MATTER RELATING TO THE PLATFORM. OUR LIABILITY TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF RS.100 OR THE AMOUNT OF FEES, IF ANY; YOU PAID TO US WITHIN 12 MONTHS PRIOR TO THE ACTION THAT MAY GIVE RISE TO LIABILITY. THE LIMITATIONS SET FORTH ABOVE IN THIS SECTION 8 WILL NOT LIMIT OR EXCLUDE LIABILITY FOR OUR GROSS NEGLIGENCE, FRAUD, OR INTENTIONAL, MALICIOUS, OR RECKLESS MISCONDUCT. 

1. GOVERNING LAW AND DISPUTE RESOLUTION 

1. The validity of this Agreement, the construction and enforcement of its terms, and the interpretation of the rights and duties of the Parties shall be governed by the laws of India. 

1. In the event of any dispute arising between the parties with respect to these Terms of Service, the same shall be referred to the Sole Arbitrator and the arbitration shall be in accordance with Arbitration and Conciliation Act of 1996 (or such subsequent Act or amendment as per laws of India). The language of arbitration proceeding shall be English. The seat and place of arbitration shall be Bengaluru, Karnataka and the decision of the Arbitrator shall be final and binding on both parties herein. This Terms of Service therein shall be subject to the exclusive jurisdiction of courts in Bengaluru, Karnataka, India and shall be governed by the Indian laws. 

1. INTELLECTUAL PROPERTY 

1. IGATE HEALTH’ Intellectual Property: “IGATE HEALTH Intellectual Property” means all of IGATE HEALTH’ intellectual property and intellectual property rights worldwide including, but not limited to, inventions, patents, copyright (including renewal rights), trademarks, trade names, logos, service marks, corporate names, trade secrets, know-how, mask works, text, images, confidential information, computer software (including source code), processes, discoveries, methods, graphics, video, script and audio, contained in the Application, Website, Services & Products, domain names and all other forms of intellectual property, whether registered or not, and any applications for registration thereof anywhere in the world, in the name of IGATE HEALTH;  

1. No IGATE HEALTH Intellectual Proprietary Information may be copied, downloaded, reproduced, modified, republished, uploaded, posted, transmitted or distributed in any way without obtaining prior written permission from IGATE HEALTH and nothing on the Platform shall be or deemed to confer a license of or any other right, interest or title to or in any of IGATE HEALTH Intellectual Property rights, to You.  

1. IGATE HEALTH’ Trademark Usage Guidelines explain how you may and may not use them. Our Platform, including our material on the Platform, is also our or our licensors’ intellectual property. Except as described in the Trademark Usage Guidelines and as otherwise permitted by law, you agree not to use IGATE HEALTH’ intellectual property without our prior written consent. 

1. Intellectual Property of Others:  

1. IGATE HEALTH respects the intellectual property of others, and we expect our members to do the same. We may, in appropriate circumstances and in our discretion, remove or disable access to material that infringes on the intellectual property rights of others. We may also restrict or terminate access to our Platform to those who we believe to be repeat infringers.  

1. Subject to reading of Clause 10.4.1. of this Terms of Service, You agree and acknowledge that certain contents on the Platform may belong to third parties and the said content is reproduced by IGATE HEALTH reproduced with prior consent from said party and all rights relating to such content will remain with such third party. Further, you recognize and acknowledge that the ownership of all trademarks, copyright, logos, service marks and other intellectual property owned by any third party shall continue to vest with such party and You are not permitted to use the same without the consent of the respective third party. 

1. SPECIFIC DECLARATIONS AND COVENANTS 

1. 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 IGATE HEALTH 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 i.e. the listed Medical Practitioner. 

1. It is hereby expressly clarified that, the Information that you obtain or receive from IGATE HEALTH, 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. 

1. The Medical Practitioner expressly represents to the IGATE HEALTH that he/she is a duly registered, licensed and qualified to practice medicine/ provide health care, wellness services, as per applicable laws/regulations/guidelines set out by competent and relevant authorities and the Medical Practitioner shall not be part of any arrangement which will prohibit him/her from practicing medicine within the territory of Republic of India. 

1. The Medical 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 and IGATE HEALTH will bear no responsibility for the same. 

1. All opinion, review, feedback and critical commentary from You i.e. Patients and other User on Medical Practitioners are solely generated by such Patients and other Users and IGATE HEALTH by virtue of being a Platform which is an ‘intermediary’ under the Information Technology Act, 2000, shall bear no responsibility or liability for the same.  

1. TERM 

This Terms of Service shall be effective for till the time You have access or utilise the Platform or continue downloading or posting any content from or on the Platform or until such time You or IGATE HEALTH, as per Clause 13 of these Terms of Service, terminate the same. 

1. TERMINATION FOR CONVENIENCE 

1. You may terminate this Agreement at any time via the “Cancel Account” feature on the Site or by sending us an email. If you cancel your IGATE HEALTH Account, any and all subscription/s will be automatically cancelled and any refund will depend upon the terms of the applicable cancellation policy. Without limiting our rights specified below, IGATE HEALTH may terminate this Agreement for convenience at any time by giving you 30 days’ notice via email to your registered email address. 

1. If You violate or cause material breach of the Terms of Service, the same may result in immediate suspension or termination of Your Membership Account or access to our Platform and same shall preclude IGATE HEALTH from its reserved rights to pursue any legal remedy available. In such instances, the Company may also disclose Your Membership Account Information if required by any Governmental or legal authority. You understand that the violation of these Terms of Service could also result in civil or criminal liability under applicable laws.  

1. In case non-material breach of Terms of Service, IGATE HEALTH shall issue you a notice and opportunity to rectify/resolve the said breach.  

1. FORCE MAJEURE 

In the event that (i) IGATE HEALTH is unable to observe or perform the terms of these Terms of Service; (ii) access to the Platform is blocked; (iii) The Platform are suspended or made unavailable by reason of causes beyond its control including (but not limited to) equipment, system or transmission link malfunction or failure, fire, lockdown, pandemic, flood, explosion, acts of elements, acts of God, accidents, epidemics, strikes, evacuation, notified disasters, lockouts, power blackouts or failure, labour disputes, legislative requirement, administrative order, court order or by any other causes which are cannot be or beyond the control or reasonably be expected to avoided, the performance of IGATE HEALTH ‘s obligations as affected by such causes shall be excused for the duration of the such events. IGATE HEALTH shall not be liable for any delay, loss, damage or inconvenience whatsoever caused or arising from or in connection with any one or more of the above-mentioned events. In the event that such events cause IGATE HEALTH to terminate the offering of Subscription, IGATE HEALTH shall not be liable for any damage, costs or expenses, and shall not be required to refund any fees paid. 

1. MISCELLANEOUS 

1. Notices: Except as otherwise stated in this Agreement or as expressly required by law, any notice to us shall be given by post or through _admin@igatehealth.com   on the Platform to IGATE HEALTH. Any notice to you shall be given to the most current email address in your account. 

1. Entire Agreement: These terms of Service, including the Usage and Content Policies, Privacy Policies, Restrictions, Payment Policies, and Trademark Usage Guidelines, constitutes the entire agreement between you and IGATE HEALTH, superseding any prior agreements between you and IGATE HEALTH on such subject matter. 

1. No Agency: No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between you and IGATE HEALTH is intended or created by this Agreement. A member of the IGATE HEALTH Platform is not IGATE HEALTH’ representative or agent, and may not enter into an agreement on IGATE HEALTH’ behalf. 

1. Assignment: This Agreement is not assignable, transferable or sub licensable by you except with IGATE HEALTH’s prior written consent, but may be assigned or transferred by us to any affiliate or subsidiary, or in connection with a merger, acquisition, corporate reorganization, sale of all or substantially all of IGATE HEALTH’ assets, or similar transaction. 

1. No Waiver: A Party’s failure to exercise or enforce any right or provision of these Terms of Services shall not constitute a waiver of such right or provision and does not waive any right to act with respect to subsequent or similar breaches. 

1. Severance: If any provision of this Agreement is found to be invalid by a court of competent jurisdiction, you and IGATE HEALTH nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and that the other provisions of this Agreement will remain in full force and effect. 

1. Survival: If You or we terminate this Terms of Service, the clauses of these Terms of Service that reasonably should survive termination of the Agreement will remain in effect. 

1. Violations: Please report any violations of this Terms of Service by a You or Member or third party given by email: admin@igatehealth.com   or through phone option on the Platform.