TERMS AND CONDITIONS
PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS (collectively with any amendments, "TERMS AND CONDITIONS") BEFORE USING THIS WEBSITE OR APPLICATION. THIS APPLICATION OR WEBSITE IS OWNED AND OPERATED BY HEALTH AND ME AND ITS AFFILIATES (collectively "HEALTH AND ME", "US", "WE" or "OUR").
BY USING THIS WEB SITE OR ANY WEB SITE OR APPLICATION OF HEALTH AND ME(collectively, “SITES”), YOU AGREE TO BE BOUND AND ABIDE BY THESE TERMS AND CONDITIONS AND ANY AMENDMENTS THERETO.
IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, PLEASE DO NOT USE THE SITE OR ANY WEB SITE OR APPLICATION OF HEALTH AND ME.
We may update or amend these Terms and Conditions from time to time to comply with law or to meet our changing business requirements without notice to you. Your continued use of the Sites and/or other products or services of Health and Me after any such changes constitutes your acceptance of the new Terms and Conditions. Any updates or amendments will be posted on the Sites. The Terms and Conditions displayed on the Sites at the time the order is accepted will apply to the order.
These Terms and Conditions govern and apply to your ("you" or "your") access to and use of the Sites and their related domains on which these Terms and Conditions appear, and to all products and services we supply, produce, distribute, or market.
To the extent of any express inconsistency with any other agreement you may have with Health and Me for products, services, or otherwise, that other agreement shall prevail unless otherwise explicitly stated therein. If these Terms and Conditions refer or relate to a clause that is not part of that other agreement, then these terms shall apply therein as well, if you are a user of the Sites.
1. Certain Defined Terms
• "You", "you" or "User": A Customer that applies to, or registers to use, or uses, the Service offered by Health and Me.
• Customer: A person that registers with the Service as a Health care Provider or a patient user.
• Patient User : A person that registers to use, or uses, the Service offered by Health and Me as a receiver of Health care services
• Health care provider: A Doctor or Health care Intuition that uses the Service offered by Health and Me for listing their service in sites, booking doctor appointments and other services offered by Health and Me for a Health care provider from time to time.
2. Requirements for Registration
In order to use the Service, you must complete all required information elements on the Service registration web pages. You must provide current, complete and accurate information and maintain it as current and accurate. We may require you to provide additional information as a condition of continued use of the Service, or to assist in determining whether to permit you to continue to use the Service.
By agreeing to this Terms of Service
If you are PatientUsers, you represent that you are:
• 18 years old or older; In case of the Minor the parent or guardian of a Minor may register on behalf of such minor for the benefit of minor and when you register such account on behalf of minor you represent that you are legally competent to represent the interest of such minor and
• capable of entering into a legally binding agreement both with Health and Meand Health care providers
If you are Health care Provider, you also represent that you are:
• duly authorized to practice medicine in India; and
• your employees, officers, representatives, and other agents accessing the Service are duly authorized to access the Service and to legally bind you to these Terms of Service and all transactions conducted under your username and password.
Your subscription will start when you login into your activated account with the assigned username for the first time" on a subscription purchase. Unless otherwise stated, your subscription and the relevant billing authorization will continue indefinitely until cancelled by you. The billing rate is subject to change by Health and Me during the subscription period.
Your Payment Instrument will be billed each period based on the date of the subscription purchase.
You could cancel a subscription at any time after giving 30 day prior notice wherein the cancellation will become effective at the end of the current billing period and You will continue to be able to access the relevant subscription for the remainder of the current billing period.
We reserve the right to issue refunds or credits at our sole discretion. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future. The Additional Terms and Conditions for subscription user is combined herein.
4. Use of the Services
You are responsible for:
1) maintaining the confidentiality of your username and password,
2) any and all transactions by persons that you give access to or that otherwise use such username or password, and
3) any and all consequences of use or misuse of your username and password. You agree to notify us immediately of any unauthorized use of your username or password or any other breach of security regarding the Service of which you have knowledge.
If User is a Health Care Provider, the User agrees that all officers, employees, agents, representatives and others having access to the username and/or password shall be vested with the authority to use the Service as operated by User and legally bind User. User shall be responsible for all actions by current and former officers, employees, agents, representatives and others, regardless of whether authorized by User, that access the Service using User's user name and password.
• not to use this website or Content in any way not explicitly permitted by these Terms or the text of the website itself;
• not to copy, modify or create derivative works involving the Content, except you may print a reasonable number of copies for your personal use, provided that you reproduce all proprietary copyright and trademark notices;
• not to misrepresent your identity or provide us with any false information in any information-collection portion of this website, such as a registration or application page;
• not to take any action intended to interfere with the operation of this website;
• not to access or attempt to access any portion of this website to which you have not been explicitly granted access;
• not to impair or damage the Website and / or Services or any connected network, or otherwise interfere with any person or entity's use or enjoyment of the Website and/or the Services.
• Not to delete or modify any content of the Website and/or Services, including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that you do not own or have express permission to modify.
• not to directly or indirectly authorize anyone else to take actions prohibited in this section;
• Not to post, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component.
• Not to engage in any form of antisocial, disrupting, or destructive acts, including "flaming", "spamming", "flooding", "trolling", "phishing" and "griefing" as those terms are commonly understood and used on the Internet.
• to comply with all applicable laws and regulations while using this website or the Content.
5. Limitations on the Use of Service
We may establish general practices and limits concerning use of the Service and the Subscription Services may be subject to certain limitations, such as, limits on disk storage space, on the number of calls Users are permitted to make against application programming interface of Health and Me, and, other limitations dependent on the ‘User Plan’, for example, number of SMS, number of appointments, number of users or accounts, validity of subscription and any other limitations. Any such limitations are specified in the User Plans.
In the event of any violation of terms and conditions agreed we may limit or suspend your use of the Service at any time after notifying you by electronic mail. Suspension of your use of the Service will not affect your rights and obligations pursuant to this Terms of Service arising before or after such suspension.
<<<<< The termination and discontinuation clause is explained in detail in additional terms and conditions since the subscribers are governed by applicable additional terms and conditions also >>>>>>
7. Intellectual Property Rights and Content
All materials on the Sites, including the design, layout, and organization (collectively referred to as “Content”), are owned and copyrighted by Health and Me or its suppliers or vendors, and are protected by all applicable intellectual property laws. The Content contains trademarks, service marks, and registered trademarks of Health and Me and its licensors. All rights and title to the Content, trademarks and service marks herein remain with Health and Me or its licensors.
Health and Me licenses you only to view the site and Content. You are not authorized to alter, obscure, or remove any copyright or trademark notice present in the Content. All rights not expressly granted herein are reserved to Health and Me.
You may not reproduce, duplicate, copy, sell, trade, resell, or exploit for commercial gain any portion of the Portal or the Content of the Application. You agree not to change or delete any copyright or proprietary notice from materials downloaded from this site or any site accessible through this site. You may not link to this site.
8. Dealing with Third Parties
Your correspondence or business dealings with, or participation in promotions of, advertisers or other third parties found on or through the Services, including requests for and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the introduction of such third parties through the Services.
You agree to indemnify and hold harmless Health and Me, its parents, subsidiaries, shareholders, officers, directors, employees, agents, and suppliers from any claim, action, demand, loss, or damages (including attorneys' fees) made or incurred by any third party arising out of or relating to your use of the Site, your violation of these Terms and Conditions, or your violation of any rights of a third party.
10. Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF THE SITES AND OTHER PRODUCTS AND SERVICES OF HEALTH AND ME IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT THE SITES AND THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE THROUGH IT AND OTHERWISE ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS.
HEALTH AND ME DOESN’T PRACTICE MEDICINE.WE DO NOT PROVIDE MEDICAL ADVICE AND WE DO NOT RECOMMEND OR ENDORSE ANY SPECIFIC PRODUCTS, PRODUCT USERS, THERAPIES, TESTS, PHYSICIANS, HEALTHCARE PROFESSIONS OR OPINIONS.
WITHOUT LIMITING THE FOREGOING, WE EXPRESSLY DISCLAIM ANY WARRANTIES, EXPRESS IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT THE HEALTH AND ME SITES, HEALTH AND ME APPS AND SERVICES AND CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY AS TO THE ACCURACY, TIMELINESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SERVICES. NO INFORMATION PROVIDED THROUGH THE SERVICES OR BY US IN ORAL OR WRITTEN FORM WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN YOUR RELIANCE UPON THE CONTENT OBTAINED OR USED BY YOU THROUGH THE SERVICES IS SOLELY AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE HEALTH AND ME SERVICES.
ALTHOUGH HEALTH AND MESTRIVES TO PREVENT THE INTRODUCTION OF VIRUSES OR OTHER DESTRUCTIVE MATERIALS TO THE SITES, HEALTH AND ME DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS THAT THE SITES IS FREE OF DESTRUCTIVE MATERIALS.
The terms of this section apply to the extent permitted by law and survive any termination of the Terms and Conditions.
11. Limitations on Liability- Force Majeure
WE EXCLUDE ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, AND TERMS (WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR OTHERWISE) TO THE FULLEST EXTENT PERMITTED BY LAW.
IN NO EVENT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL HEALTH AND ME OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES, CLAIMS, OR LOSSES INCURRED (INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES), HOWEVER CAUSED, AND UNDER ANY THEORY OF LIABILITY ARISING IN CONNECTION WITH: (I) THE SITES; (II) THE USE OR INABILITY TO USE THE SITES; (III) THE USE OF OR RELIANCE ON ANY CONTENT OR INFORMATION DISPLAYED IN OR ON THE SITES; (IV) THE PURCHASE OR USE OF ANY PRODUCTS THROUGH THE SITES OR OTHERWISE; (V) UNAUTHORIZED ACCESS TO OR ALTERATION OR LOSS OF YOUR TRANSMISSIONS OR DATA OR OTHER INFORMATION THAT IS SENT OR RECEIVED; (VI) ERRORS, SYSTEM DOWN TIME, NETWORK OR SYSTEM OUTAGES, OR FILE CORRUPTION OR SERVICE INTERRUPTIONS; OR (VII) OTHERWISE UNDER THIS AGREEMENT/TERMS AND CONDITIONS, WHETHER OR NOT REASONABLY FORESEEABLE, EVEN IF HEALTH AND MEOR ITS REPRESENTATIVES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
HEALTH AND MEWILL NOT BE LIABLE IN ANY AMOUNT FOR FAILURE TO PERFORM ANY OBLIGATION UNDER THESE TERMS AND CONDITIONS IF SUCH FAILURE IS CAUSED BY THE OCCURRENCE OF ANY UNFORESEEN CONTINGENCY BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET OUTAGES, COMMUNICATIONS OUTAGES, FIRE, FLOOD, OR WAR.
THESE EXCLUSIONS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAW OF INDIA. IF ANY PROVISION OR PART-PROVISION OF THESE TERMS AND CONDITIONS SHALL BE INVALID, UNLAWFUL, VOID, OR FOR ANY REASON UNENFORCEABLE IT SHALL BE DEEMED SEVERABLE AND SHALL NOT AFFECT THE VALIDITY AND ENFORCEABILITY OF THE REMAINING PROVISIONS OF THESE TERMS AND CONDITIONS.
The terms of this section survive any termination of the Terms and Conditions.
12. International Users
The Sites are controlled, operated, and administered by Health and Me. Health and Me makes no representation that materials on the Sites are appropriate or available for use at other locations outside of the India, and access to them from territories where the contents or products available through the Sites are illegal is prohibited. If you access the Sites from a location outside of the India, you are responsible for compliance with all local laws.
Notwithstanding any of these Terms and Conditions, Health and Me reserves the right to terminate your ability to use the Sites and to block or prevent future access to and use of the Sites and services at any time by providing 30 (thirty) days’ prior written notice or electronic mail to you. During these 30 days you will be having a limited access to the services.
14. Third-party rights
Only you and Health and Me shall be entitled to enforce these Terms and Conditions. No third party shall be entitled to enforce any of these Terms and Conditions except when we assign, transfer, or sub-contract any of our rights or obligations under these Terms and Conditions to such third party at our discretion.
If any provision of these Terms and Conditions, or part thereof, shall be deemed invalid, unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, then that provision, or part thereof, shall be deemed severable from the rest of these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions or part thereof.
The terms of this section survive any termination of the Terms and Conditions.
In the event of any difference or dispute to those terms and conditions, the same shall be referred to an arbitral tribunal comprising of a sole arbitrator to be nominated in accordance with the Arbitration and conciliation Act, 1996. The Arbitration shall be done at Chennai and the Language shall be in English.
17.Laws that Govern this Agreement
These Terms and Conditions constitute the agreement between the User and Health and Me. A printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
This Terms of Service shall be deemed to be formed in Chennai, India. This Terms of Service shall be governed by the laws of India. To the extent permitted by law, each party agrees to submit to personal and exclusive jurisdiction of the courts located in Chennai, India.
You may not assign this Terms of Service or any rights or obligations hereunder, by operation of law or otherwise, without our prior written approval and any such attempted assignment shall be void. We reserve the right to freely assign this Terms of Service and the rights and obligations hereunder, to any third party without notice or consent. Subject to the foregoing, this Terms of Service shall be binding upon and inure to the benefit of the parties hereto, their successors and permitted assigns.
19. Other important terms
These Terms and Conditions supersede any other terms and conditions previously published by us and any other representations or statements made by us to you, whether oral, written, or otherwise. No delay by us in exercising any right or remedy under these Terms and Conditions shall operate as waiver of that right or remedy or shall affect our ability to subsequently exercise that right or remedy. Any waiver must be agreed by us in writing.
20. Contact Us
If you have has any question, issue, complaint regarding any of our Services, please contact our customer service at
Health and Me,
2-H, Windsor Appartment,
Villivakkam Road, Kolathur, Chennai, India - 600 099
21. Effective Date
The Effective Date of these Terms is July 01, 2016.