Welcome to mfine mobile Application (defined hereunder). The Application is operated by Novocura Tech Health Services Private Limited (“NTHS”), having its registered office at Salarpuria Sattva Supreme, 2nd Floor, West Wing, Sarjapur Outer Ring Road, Marathahalli, Bengaluru 560037.
The terms “You” or “Your” refer to you as the user (irrespective of whether You are a Registered User (defined hereunder), HSP Registered User (defined hereunder) or a Non-Registered User (defined hereunder)) and the terms “NTHS”, “We”, “Us”, “Company”, “Our” and/or “mfine” refer to NTHS. In the event the Application is being used by a person on your behalf, the expression “You” or “Your” or the “User” shall apply to such person as well.
The Agreement supersedes all previous oral and written terms and conditions (if any) communicated to You.
NTHS is the author and publisher of the Application, which shall mean the mobile application, website, blog contained therein, queries answered by Our team over email, phone or any other medium and all variants, tools, editions, add-ons, and ancillary products or services of the Application (including all files and images contained therein or generated by the software, and accompanying data, herein referred to individually or collectively as “Application”). The Application may be used by Users (defined below) to avail Services and/or to find, access, manage and organize information including but not limited to personal or non-personal information, doctor/consultant information, appointments, prescriptions, laboratory and diagnostic tests, drug delivery, electronic medical records, billing, inventory, accounting details and other relevant information.
The Application titled ‘Self-Assessment Tool’ is purely for informational and educational purposes and is not intended to provide or be used for the diagnosis or treatment of disease or other conditions, including COVID-19. The guidance you receive depends on the accuracy of the information you provide as well as current guidelines for responding to symptoms associated with the novel coronavirus COVID-19.
“Registered Users” are users:
“Healthcare Service Providers” or “HSPs” are third parties including but not limited to clinic or hospital listed on the Application, also, includes their duly qualified doctors, nurses, paramedical staff, physiotherapists, consultants, medical equipment suppliers, laboratory service providers, phlebotomist, pharmacist other incidental and ancillary healthcare service providers listed on the Application and who interacts with Users as part of the Services.
“HSP Registered Users” are Registered Users whose profile has a unique identification attached to it including but not limited to UHID (unique health identification) or UMR (unique medical record). HSP Registered Users may not be permitted to access to certain areas of the Application.
“Non-Registered Users” are users who have not registered themselves on the Application. Non-Registered Users may not be provided access to certain areas of the Application.
Registered Users, HSP Registered Users and Non-Registered Users shall individually or collectively be referred to as “Users”.
ACCESS AND USAGE RIGHTS OF USERS
Non - Registered User: A Non - Registered User is not permitted to access or make use of the Application for any purpose other than the following permitted use:
HSP Registered Users: A HSP Registered User is only permitted to access and use the Services provided through a particular HSP only or any other limitations and restrictions as are prescribed under the Agreement or may be otherwise communicated to HSP Registered User from time to time through any contact information shared by HSP or HSP Registered User at the time of registration.
Registered User: A Registered User is specifically permitted to:
The data and information available on the Application may be categorized as follows:
As required by law, You must be at least 18 years of age or older, have a sound mind and not debarred by any law to contract in order to access and use the Application and Services as a Primary User. In case the Application or Services are to be accessed or used by a minor (i.e. a person less than 18 years of age), then only the legal guardian/representative of such person shall register himself/herself as a Primary User and create/add the profile of the minor as a Secondary User.
All Services will be requested for, and provided to, the Primary User only. A Secondary User may avail the Services rendered to the Primary User only as a beneficiary. The Primary User will be entirely responsible and accountable for the Secondary User’s activity on the Application, as if the Application and Services were being accessed and used by the Primary User. However, this shall not discharge the Secondary User who is adult and of sound mind from liability towards NTHS or its contractors or agents and NTHS shall have the right to proceed against Secondary User and Primary User, either jointly or severally, for acts and omissions of Secondary User that violate the Agreement.
You will use the Application and the features provided on the Application only in relation to and in compliance with all applicable Indian laws. You will not use this Application, or any feature provided on the Application for any purposes not intended under this Agreement.
You should limit the use of this Application to India only. We are not responsible if You avail any Service from outside India. You must have the advice and/or prescription given by such HSP validated by a local registered medical practitioner.
Certain Services are location specific. Depending on Your location certain Services may not be available to You.
You will not deliberately use the Application in any way that is unlawful or harms NTHS, its directors, employees, affiliates, distributors, partners, service providers and/or any User and/or data or content on the Application.
You will not use the Application for any illegal, immoral, offensive purpose or for any other purpose that may infringe or violate any applicable laws and regulations.
You will not interfere, disrupt or hamper with the proper functioning of the Application.
As a User, You may have access to business sensitive information. You shall not share such information with NTHS’s direct competitors or use it for competitive purposes, except with NTHS’s prior written consent.
You will not share Your log-in details with anyone. You are responsible for maintaining the confidentiality of Your account access information and password. You shall be responsible for all usage of Your account and password, whether or not authorized by You. You shall immediately notify NTHS of any actual or suspected unauthorized use of the Your account or password. NTHS will not be liable for Your losses caused by any unauthorized use of Your account. You may be liable for the losses of NTHS or others due to such unauthorized use.
NTHS a transaction facilitator
Through the Application, NTHS facilitates the purchase of Services offered for sale by HSP. You understand and agree that NTHS merely provide hosting services to You. All Services offered for sale on the Application are owned by HSP. NTHS has no control over HSP Services and does not originate or initiate the transmission or select the sender/recipient of the transmission. The authenticity and genuineness of the Services made available by HSP through the Application shall be the sole responsibility of HSP. You understand and agree that Application shall have no liability with respect to the authenticity of the Services being facilitated through the Application.
Use of Services
The Application may be used to access a variety of healthcare and related services. Depending on the status of Your registration and subject to the limitations and restrictions imposed by the Agreement or by NTHS, You may avail following services through the Application:
The aforesaid list of services is jointly referred to as “Services.”
The Services are non-transferable and only cover the Registered User.
You agree and acknowledge that the property and title in the drugs ordered by You shall stand immediately transferred to You upon the dispensation of drugs and the raising of the invoice at the concerned HSP. Accordingly, the sale of drugs is concluded at the concerned HSP itself. Post Your acceptance of the drugs, the related Services would not be eligible for any exchange or refund.
The minimum age requirement of 18 years does not apply to any Service that is open to children and adolescents from Age 1-18.
You are advised not to use the mfine online consultation services in case of any medical emergencies like accidents, bleeding injuries, burns, sexual abuse/assault, medicolegal cases or if You are in a critical condition.
If You are a Registered User but do not satisfy the above pre-conditions, please do not avail the online consultation services. NTHS will not be responsible or liable for any harm or loss that You may suffer if You elect to access those Services.
All Users, who are patients, and who opt for online consultation services, may be required to undergo an initial medical examination to ascertain and record medical history, medication history and medical status before video-consulting support can be provided.
Online consultation services are provided at the express consent by the User and the same shall not be construed as a replacement for physical consultation and the Services are meant for general consultation only. If after online consultation, if it is recommended to undergo any diagnostic tests or if You are issued with a Prescription, the same are provided based on the information and preliminary examination, hence the same shall not be treated as accurate, final and conclusive. HSP reserves their rights to modify the prescription or recommended diagnostic tests if the User provides any additional information in future consultation.
Online consultation services may be provided via the following communication channels Call Center Helplines / Telephones / Mobiles / IM Chats / Online Chats / SMS & Text Chats with and without camera and video facilities at the sole discretion of NTHS. Reasonable efforts will be made to protect Your privacy and confidentiality across Health Consultation Services.
In order to purchase drugs that requires a valid medical prescription issued by a medical expert/doctor (“Prescription Drugs”) from HSP through the Application, You are required to upload a scanned and clean copy of the valid prescription on the Application or email the same to NTHS. You shall, ensure that medical expert/doctor, as far as possible, prescribe drugs with generic names. The order would not be processed and forwarded to the concerned HSP(s) by NTHS until We receive a copy of a valid prescription. HSP will verify the prescription shared by You and in case HSP(s) observe any discrepancy in the prescription uploaded by You, the HSP(s) will cancel the order immediately. You may also be required to make the original prescription available at the time of receipt of delivery of Prescription Drugs.
You acknowledge and accept that the order for a substitute of a Prescription Drug would not be processed if the medical expert/doctor has himself/herself not permitted for any other equivalent generic drug to be dispensed in place of the Prescription Drug in the prescription. The substitute of a Prescription Drug would be dispensed only if the prescription solely lists the equivalent generic drug or salt names instead of a specific brand name.
You further acknowledge and accept that, in the absence of the above, the concerned HSP would not dispense a substitute drug in place of the Prescription Drug.
NTHS’ RIGHTS TO THE APPLICATION AND NTHS CONTENT
NTHS respects the intellectual property rights of others, and We expect the same from You. The Application, User Content and the NTHS Content are protected by applicable intellectual property laws.
NTHS’s Rights to the Application and NTHS Content:
All intellectual property in and to the Application and all software, techniques and processes used in connection with the aforesaid, belongs exclusively to NTHS or its licensors. As a User, You are granted a limited, non-exclusive, non-transferable license to access and use the Application as per the terms of the Agreement. Through Your use of the Application, by no means are any intellectual property rights impliedly or expressly granted by NTHS to You in respect of such works.
NTHS and/or its licensors assert all proprietary rights in and to all names and trademarks contained in the Application. Notwithstanding the generality of the foregoing, the name and logo of “mFine” is/are the trademarks and copyright (inclusive of any other applicable intellectual property right) of NTHS and/or its licensors. Any use of such name or logo, unless otherwise authorized in a written agreement, will constitute an infringement upon the trademark and copyright (or any other such intellectual property right) of NTHS and/or its licensors and may be actionable under applicable laws.
Except as stated otherwise in this Agreement, all NTHS Content (including all intellectual property rights to such content) is owned exclusively by NTHS and/or its licensors.
When You use the Application in accordance with this Agreement, a limited royalty-free right is granted to You by NTHS to use NTHS Content only for personal and non-commercial use in India for the term of the Agreement.
Unless explicitly stated herein, nothing in this Agreement shall be construed as conferring on You any license to intellectual property rights, whether by estoppel, implication, or otherwise.
Unless expressly authorized by NTHS, You agree not to reproduce, modify, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the NTHS Content, in whole or in part, by any means. You must not remove or modify any copyright or trademark notice, or other notice of ownership.
Rights in User Content:
You agree that You are the sole owner of all rights (including all intellectual property rights) in the User Content that You post on the Application or provide to NTHS.
To the extent permissible by law, You hereby grant NTHS a perpetual, non-revocable, worldwide, royalty-free license to make use of such User Content including the right to copy, distribute, display, reproduce, modify, adapt, the User Content, and create derivate works of the User Content.
USER CONSENT & PRIVACY
You have the option of uploading Your identifiable health information including physical, physiological and mental health condition, and medical records and history on the Application which may be accessed by NTHS and/or HSPs using the Application, during the course of providing Services to You. If You are a Secondary User, Your information may be provided to Us by the Primary User under whose account you are using and accessing the Application and Services. If you have not lawfully authorized the Primary User to do so, kindly reach out to us immediately at email@example.com. By continuing to access and use the Application and Service, You confirm that You as a Secondary User have authorized Primary User to provide Your information to us and on the basis of information provided by the Primary User mfine care team doctors and/or HSP would generate the prescription in the Secondary User’s name.
We may collect various personal information from You when You use the Application and for the features provided by the Application.
NTHS is required by law to maintain the privacy and confidentiality of Your medical information. We assure to take Your privacy seriously and to maintain privacy and confidentiality of the information provided by You to Us. We, however, do not represent, warrant or guarantee that Our safeguards to prevent unauthorized access to Your personal information is fool-proof. Further, NTHS may itself have to access Your medical information (medical records, consultation history, transcripts etc.) in order to investigate any deficiencies, complaints or grievances that You bring to the notice of NTHS. You hereby specifically authorize NTHS to access Your medical information in such cases.
OTHER WEBSITES/MOBILE APPLICATIONS
You may be provided with links on the Application that direct You to third party websites / applications / content or service providers (collectively “Third Party Content”).
We do not extend the Agreement to any other websites/applications except for this Application. We do not make any warranty or give any security to the personal information disclosed by You to the other websites/applications, even if such websites/applications are linked to our Application or they are using our Application link.
NTHS does not endorse any Third Party Content that You may be directed to from the Application.
NTHS will make available qualified HSPs to render Services after carrying out appropriate background and reference checks.
It is hereby clarified NTHS’ obligation to carry out appropriate background and reference checks and to validate qualification of HSPs does not go beyond ensuring that the HSPs were registered with relevant state professional councils or central professional council at the time of engagement and had a certificate of good standing from the relevant professional council at the time engagement.
Subject to applicable law, NTHS will use commercially reasonable efforts to make the Services available to Registered Users 24 hours a day, 7 days a week, except for:
NTHS has no responsibility towards Non-registered User for providing Services.
For the avoidance of doubt, it is hereby clarified that NTHS’ responsibility towards Registered User will be limited to the provision of the Services as per the terms and conditions of the Agreement.
If NTHS suspects any illegal, wrongful or fraudulent activity on the Application by any User, notwithstanding any other rights NTHS may have against such User, NTHS reserves the right to inform the relevant government or law enforcement authorities. NTHS will cooperate in all investigative procedures or requests for access / information initiated by any such government or law enforcement authorities.
NTHS reserves the right to add new functionality, remove existing functionality, and modify existing functionality to its Services as and when it deems fit, and make any such changes available in newer versions of Application at its discretion. All Users of its Services will be duly notified upon release of such newer versions and NTHS reserves the right to automatically upgrade all Users to the latest version of its Services as and when it deems fit.
The Application and Services may be subject to certain limitations, such as, limits on storage space, limit on bandwidth, unexpected downtime, unavailability of HSPs due to unforeseen circumstances, etc.
NTHS reserves the right to schedule/reschedule/cancel appointments and swap HSPs at any time without prior intimation.
NTHS reserves the right to refuse Service at any time without providing any reasons. The terms applicable to refund and cancellation are specified below.
NTHS will strictly adhere to and adopt all reasonable measures to ensure compliance to all central and state government regulations and directives as applicable from time-to-time.
Data Recording, Storage, Encryption & Usage
The information stored on the Application may be entered by You or by a HSP in the course of services provided by NTHS. The information collected as part of the Services may be stored on Your mobile device as well as on a third-party cloud platform (“Cloud Service Provider”) or server (“Storage Service Provider”).
All video-consultations / IM chat consultations / text messages / audios / videos / transcripts / prescriptions / email and hard copy correspondences between Users and HSP Acquired Users who are patients, and HSPs engaged by NTHS shall be recorded, saved and stored for record purposes and in the event such records are required to be produced as evidence on the direction of a court of law. NTHS may review this data from time to time for quality evaluation purposes. However, under normal circumstances, NTHS will not access any information that identifies You and shall either omit, mask or anonymize Your personal information at the time of quality evaluation.
It is hereby clarified that NTHS does not have the obligation to pre-screen or monitor User Content at any time. However, NTHS may elect to monitor any User Content and may modify or remove any User Content from the Application if NTHS determines in its sole discretion that such User Content is in violation of this Agreement or any applicable law and best practices. Where NTHS removes any User Content from the Application, NTHS will make reasonable efforts to inform the Registered User who had posted such User Content.
All User Content shall be recorded, saved and stored electronically on a secure cloud database/server managed by the Cloud Service Provider / Storage Service Provider. NTHS shall take best efforts to ensure that the Cloud Service Provider/ Storage Service Provider uses appropriate levels of encryptions to protect data and takes all necessary precautions. NTHS will however not be responsible for any cyber data theft from its Application or the Cloud Service Provider’s/ Storage Service Provider’s databases.
NTHS shall maintain a detailed transaction & purchase history of Users online.
NTHS reserves the right to permanently delete User Content in case the User does not avail a Service for a period of three years.
Your use of this Application shall be subjected to the following terms and conditions:
Without prejudice to the rights that NTHS may have under other provisions of the Agreement, where NTHS has reasons to believe that a User has violated a term or condition of the Agreement, then NTHS shall, in its sole discretion:
PAYMENT, FEES AND TAXES
You agree to pay all Service fees, consulting fees, reasonable out of pocket expenses and other fees applicable to Your use of the Services. While NTHS will strive to give You a fair estimate of fees in advance, the actual fee may be dependent on the type of Services that You purchase and may vary based on the number or duration of the Services subscribed to.
You are solely responsible for payment of all taxes, legal compliances, statutory registrations and reporting. NTHS is in no way responsible for any of the taxes except for its own income tax.
The fees could be paid online through the facility made on the Application. Third parties support and services are required to process online fee payment. NTHS is not responsible for any loss or damage caused to User during this process as these third parties are beyond the control of NTHS.
At the sole discretion of NTHS, the fees could also be paid offline and be either collected personally from the User or required to be mailed to NTHS at the following address: Salarpuria Sattva Supreme, 2nd Floor, West Wing, Sarjapur Outer Ring Road, Marathahalli, Bengaluru 560037.
All fees are exclusive of taxes. The payment process would be complete only on receipt of the amount to NTHS’ designated bank account.
An invoice for fees against Services received by You will be generated periodically and will be intimated to You on the Application and/or on Your contact details. You may be requested to make the payment immediately or on a deferred basis, at the sole discretion of NTHS. In case the fees against Services are not received within the requested timeframe, NTHS reserves the right to stop provision of Services on immediate basis, permanently delete Your account and all information stored against your account and, suspend or terminate the Agreement. You will be solely responsible for the consequences of non-payment for the fees within the requested timeframe and have no right of recovery in any form against NTHS.
NTHS shall send an intimation of fee receipt through an email and/or your contact details within seven (7) working days of fee receipt from You.
OFFERS AND PROMOTIONS
NTHS and HSP may occasionally promote their Services on the Application available for you to purchase. We try to encourage HSP to offer good quality Services and materials at competitive prices but we have no control over them, we do not endorse the Services they offer, or give you any assurance that they will be suitable for your needs. It is your responsibility to satisfy yourself in this regard and we have no liability in connection with the same. All promotions are for limited period and subject to special terms and conditions, which are in addition and not to the terms and condition stated herein.
For the avoidance of any doubt, it is hereby clarified that any reference of the term ‘offer/offered for sale by the HSP’, as appearing in the Agreement, shall be construed solely as an ‘invitation to offer for sale’ by any such HSP.
MFINE WALLET OFFER
ACTIVATION, DELIVERY, REFUNDS & CANCELLATIONS
For Services that require activation, an executive will get in touch with You within 2 business days of the purchase to help finish all paper formalities and activate the subscription and deliver all documents to the registered address within 10 business days of online purchase.
For Services that involve home visits, We will communicate the availability of the HSP at the time of providing the Service. If You wish to reschedule the home visit, You can select a preferred appointment date and time through the Application. While NTHS does not guarantee availability of appointment date and time, it will try and confirm appointment as per Your preference.
For all NTHS Services that require delivery, the estimated delivery date shall be provided to You on the Application at the time of placing the order.
You should check the items dispensed to you carefully promptly upon receipt. If you believe there may have been a dispensing error or goods have been tampered, you should contact us immediately and should not take the goods or use any of the items. Any complaints with regard to shortage of Goods, defects or otherwise will not be entertained by NTHS once the same are accepted at the time of delivery.
Refund & Cancellation Policy
For internet-based subscription Services, You are free to cancel the Service at any time. NTHS shall refund any unexpended advance fees paid by You at the time of cancellation of the Service. In case You wish to seek a refund of the advance paid by You because You do not agree with a modification to the Agreement, please write to firstname.lastname@example.org. We will process refund of the unexpended amount.
Subjected to terms under clause ‘Use of Services’ of this Agreement for all home-based Services, NTHS shall provide refund of any unexpended advance fees paid by You if:
The Services are not a replacement for emergency services offered at hospitals and should not be accessed if the patient is in a critical condition. In Medical Emergency (defined hereunder), please contact emergency services and/or rush to the nearest hospital.
“Medical Emergency” will include a serious and unexpected situation that may involve illness or injury and requiring immediate medical attention in the absence of which, possess an imminent threat/risk to life and can potentially lead to death in the absence of the medical attention. In such situation patient (adult and minor) may undergo through any or multiple of the following conditions:
REPRESENTATIONS AND WARRANTIES
By Using This Application, You hereby represent and warrant that:
NTHS represents and warrants that:
You understand that there are inherent risks involved in receiving medical services over a mobile/computer platform, which include:
Information transmitted may not be sufficient (e.g., poor resolution of images) to allow for appropriate medical decision making by a HSP;
User may expect the anticipated benefits from the Services provided by NTHS, HSPs and its authorized representatives, but no results can be guaranteed. User’s condition may not be cured or improved, and in some cases, may get worse.
NTHS hereby disclaims any responsibility towards Users in terms of development, maintenance and updating of the Application.
Any modification, development, maintenance or updating of the Application and any modification, transfer, license or assignment of the rights in the Application shall be done by NTHS as per its sole judgment and in its sole discretion.
The Application and Services provided by NTHS is provided “as-is,” as available, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). To the fullest extent permitted by law, NTHS disclaims all liability arising out of the User’s use or reliance upon the Application, the Services, the NTHS Content, representations and warranties made by NTHS or any opinion or suggestion given or expressed by NTHS or its contractors and agents (including HSPs).
Specifically, NTHS disclaims any liability arising out of:
NTHS assumes no responsibility and shall not be liable for ways in which Your personal data is used. It is the responsibility of You alone to ensure that Your personal data is used in compliance to applicable privacy laws.
NTHS assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect User’s equipment on account of User’s access to, use of, or browsing the Application or the downloading of any material, data, text, images, video content, or audio content from the Application. If a User is dissatisfied with the Application, User’s sole remedy is to discontinue using the Application.
Neither NTHS nor its contractors and agents (including HSPs) shall be liable to a User, monetarily or otherwise, for an occurrence wherein no medical or procedural negligence of NTHS or its contractors and agents is proven.
Use of the Application does not include the provision of a computer or mobile device or other necessary equipment to access it. To use the Application You will require internet connectivity and appropriate telecommunication links. NTHS shall not have any responsibility or liability for costs incurred in procuring any equipment or telephone or other costs you may incur in connection with the use of the Application.
Information regarding HSP and Services
Information regarding HSP and NTHS Services is intended for general reference purposes only. Such information often changes frequently and may become out of date or inaccurate. You are encouraged to independently verify any such information You see on the Application with respect to a HSP that You seek to engage through the Application.
NTHS DISCLAIMS ANY REPRESENTATION AND/OR WARRANTY FOR THE SECURITY, RELIABILITY, QUALITY, TIMELINESS, AND PERFORMANCE OF (I) THE APPLICATION AND ITS FEATURES; (II) HSP INFORMATION ON THE APPLICATION; (III) ANY SERVICE INFORMATION, CONTENT OR ADVICE AVAILABLE ON OR RECEIVED THROUGH THE APPLICATION (IV) ACCESS TO OR ALTERATION OF USER CONTENT OR NTHS CONTENT (V) TRANSMISSIONS OR DATA AND (VI) ANY OTHER MATTER RELATING TO THE APPLICATION AND / OR SERVICES.
NTHS MAKES NO WARRANTY OR REPRESENTATION THAT ANY ERRORS IN THE APPLICATION WILL BE CORRECTED EXCEPT AS REQUIRED BY LAW.
NTHS ASSUMES NO RESPONSIBILITY AND/OR LIABILITY WITH RESPECT TO ANY INFORMATION WHICH YOU OR A HSP MAY POST ON THE APPLICATION AND YOU ARE SOLELY RESPONSIBLE FOR SUCH USER CONTENT POSTED ON THE SITE.
YOU AGREE THAT THE OPEN AND REAL-TIME NATURE OF THE PLATFORM MAKE IT IMPOSSIBLE FOR NTHS TO VOUCH FOR THE VALIDITY, AUTHETICITY AND HONESTY OF USER CONTENT. NTHS IS NOT RESPONSIBLE FOR ANY USER CONTENT ON THE APPLICATION, OR FOR THE CONSEQUENCES OF YOU READING OR RELYING ON SUCH CONTENT.
NTHS DOES NOT PROVIDE ANY GUARANTEE AND SHALL NOT BE HELD LIABLE OR RESPONSIBLE FOR THE FAILURE TO SEND ANY COMMUNICATION, NOTIFICATION OR REMINDER TO YOU WHETHER AS A FEATURE OF THE APPLICATION OR NOT.
NTHS SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY BREACH OR LOSS OF DATA INCLUDING PERSONAL INFORMATION CAUSED DUE TO EVENTS BEYOND THE CONTROL OF NTHS DUE TO TECHNICAL REASONS OR THIRD PARTY ACTIONS.
LIMITATION OF LIABILITY
To the fullest extent permitted by law, in no event will NTHS or its contractors or agents (including HSPs) or any of their directors, officers, employees, agents or content or service providers (collectively, the “Protected Entities”) be liable for any direct, indirect, special, incidental, punitive, exemplary or consequential damages (including, without limitation, loss of business, revenue, profits, goodwill) arising from, or directly or indirectly related to, the use of, reliance on, or the inability to use or rely on, the Application or the Services, materials and functions related thereto whether or not NTHS has been warned of the possibility of such damages or could have reasonably foreseen such damages.
Notwithstanding anything to the contrary in this Agreement, in no event shall the total aggregate liability of the Protected Entities to a User for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from the terms and conditions or a User’s use of the Application exceed, in the aggregate, INR 5000 or the amount of payment against Services that has been directly received by NTHS from the User in the past three months, whichever is lower.
You hereby agree to indemnify, defend, and hold NTHS, NTHS’s contractors, agents, representatives and other authorized users (Registered and Non-Registered Users, Patients, HSPs), and each of the foregoing entities’ respective contractors, agents, representatives, service providers and suppliers, and all of the foregoing entities’ respective officers, directors, owners, employees, agents, representatives, harmless from and against any and all losses, damages, liabilities and costs arising from (i) Your use of the Application or Service (ii) Your breach of terms, conditions or provisions of this Agreement, or violation of any law, rules or regulations by the User, or due to such other actions, omissions or commissions of the User that gave rise to the claim., (iii) any negligent or intentional wrongdoing on Your part, (vi) misrepresentations or fraudulent feedback that has adversely affected NTHS or its Users, (v) User’s actions resulting from the User’s viewing of Content on NTHS Application, (vi) any legal or third party intellectual property right claim that may arise from the User Content and (vii) any such claim or liability arising out of unauthorized use of Application and content within the Application
USER ACCOUNT SUSPENSION
In the event where a User has breached the Agreement in NTHS’s sole judgment or when NTHS is unable to verify or authenticate any information provide by User to NTHS or when or User fails to provide the consents necessary or desirable for NTHS to provide the Services (or after providing such consent, later revokes), NTHS reserves the right to suspend and / or terminate the User’s account and/or access to the Application by blocking Your IP address or email id with or without notice to the User. Any suspected illegal, fraudulent or abusive activity may be grounds for suspending and / or terminating User account and/or User access to the Application and/or Services. Upon suspension or termination, Your right to use the features on the Application including Services shall immediately cease and NTHS may permanently remove or delete Your information that is available with NTHS, including but not limited to login and account information.
NTHS shall not be liable to User or any third party for any claims or damages arising out of any termination or suspension of User’s account or any other actions taken by NTHS in connection with such account termination or suspension.
Once User’s account has been temporarily or indefinitely suspended or terminated, User may not continue to use the Application under the same account, a different account or re-register under a new account.
This Agreement will remain in full force and effect while You use the Application in any manner or capacity.
You can terminate Your relationship with NTHS at any time by providing ninety (90) days’ prior written notice at email@example.com. We need this period to inactivate User account, only after verifying if there are any ongoing or pending Services. NTHS may require User to continue until the completion of an on-going Service should the situation warrant.
NTHS may terminate its relationship with You after providing 30 (thirty) days’ prior written notice to Your registered email address. However, it does not prejudice NTHS’ right to refuse Service to You without providing any reason.
NTHS may terminate the Agreement without notice and with immediate effect where, in the sole opinion of NTHS:
NTHS reserves the right to suspended or withdrawn any non-paid version of any variant, tool, edition, add-on, and ancillary product or service of the Application from you personally or all users temporarily or permanently at any time and without notice. NTHS may also impose restrictions on the length and manner of usage of any non-paid version of any variant, tool, edition, add-on, and ancillary product or service of the Application for any reason. NTHS may change or update the non-paid version of any variant, tool, edition, add-on, and ancillary product or service of the Application without notice to you. If the need arises, we may suspend access to such part of the Application or close it indefinitely.
APPLICABLE LAW, JURISDICTION OF COURTS AND DISPUTE RESOLUTION
The information provided under this Application and the terms and conditions therein are governed by and to be interpreted in accordance with laws of India.
The parties shall be bound to submit all disputes and differences howsoever arising out of or in connection with this Agreement to arbitration by one (1) arbitrator, mutually appointed by the parties. The arbitration shall be governed by the Arbitration and Conciliation Act, 1996 as amended from time to time. The seat and venue of arbitration shall be Bengaluru, Karnataka. Subject to the aforesaid, the competent courts of Bengaluru, Karnataka shall have jurisdiction to grant urgent interim reliefs to the parties.
The parties shall have the right to apply to a court of competent jurisdiction to obtain interim injunctive relief in respect of any dispute, pending resolution of such dispute in accordance with the Agreement.
Severability: If any provision of this Agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from the Agreement and the remainder of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event the Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.
Notices: All notices and other communications required or permitted hereunder to be given to a party shall be in writing, in the English language, and shall be sent e-mail, or mailed by prepaid internationally-recognized courier or otherwise delivered by hand or by messenger, addressed to such party’s address as set forth below or at such other address as the party shall have furnished to the other party in writing in accordance with this provision:
No term of the Agreement shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. Any consent by any party to, or waiver of a breach by the other, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
Complete Understanding: The Agreement contain the entire understanding of the parties, and there are no other written or oral understandings or promises between the parties with respect to the subject matter of the Agreement other than those contained or referenced in the Agreement.
Force Majeure: NTHS shall not be liable for any downtime or delay or unavailability of the Application caused by circumstances beyond NTHS’s reasonable control, including without limitation, cyber-attacks, acts of God, acts of government, floods, fires, earthquakes, civil unrest, acts of terror, strikes or other labour problems, internet service provider failures or delays, or denial of service attacks.
Advertisement: NTHS shall have the right to place advertisements and publicity materials of its choice, including that pertaining to parties other than itself for commercial use through electronic means on the Application.
Assignment: You may not assign or sub-license, without the prior written consent of NTHS, the rights, duties or obligations under this Agreement, in whole or in part, to any person or entity.
Survival: Even after termination, the provisions of the Agreement with respect to Platform as-is, Payment terms, Limitation of Liability, Indemnity, Intellectual Property, Dispute Resolution will continue and survive termination of this Agreement.
Modifications: NTHS reserves the right to modify any part of the Agreement at any time without giving You prior notice. No part of the Agreement shall stand modified unless consented to in writing by NTHS.
When NTHS updates the Agreement, We will notify you through an email. Alternatively, NTHS may cause Your account to be logged-off in and make Your subsequent account log-in conditional on acceptance of the Agreement.
If You do not agree to the changes, please do not access or use the Application and the Services any further.