This Terms of Use agreement (the "Agreement") governs your use of this Tool - Digital health Platform
(Narayana.Health), NH Care (the
Applications) email communications received on
noreply@narayanahealth.org and text messages received on +91
8067506890(collectively, the
"Platform"). The Platform is owned and operated by Narayana Hrudayalaya
Limited, a public limited company existing under the provisions of the Companies Act, 2013 having its registered
office at 258/A, Bommasandra Industrial Area, Anekal Taluk, Bengaluru 560099 (the "Company" which expression
shall mean and include, unless repugnant to the context, its successors-in-interest, Affiliates and permitted
assigns). The Platform is also used by hospitals managed by the Company and its Affiliates.
The Company reserves the right to modify the terms contained in this Agreement at any time by posting such
modifications on the Website. The modified Agreement would be effective from the date of modification that is
posted by the Company on the Website. If you do not agree to any term that is contained in this Agreement,
please immediately cease your use of the Platform.
"Hospital" in this Agreement refers to a hospital situated in India that is owned or controlled or operated and
managed by the Company or its Affiliates.
"You" or the "User" or the "Patient" in this Agreement refers to the person availing the Services and/or using
the Platform and is a resident of India.
-
TERMS
Terms of Offer. The Platform builds and operates a centralized network of various specialists
and
experts qualified to practice the profession of medicine in India who shall be offering the service
of
Online Consultation to the Patients. The Platform is also operated to render other allied services
offered by the Company including Processing of PHI for and on behalf of You.
Proprietary Rights. The Company has proprietary rights in the Platform, and you shall not
copy or
reproduce the Platform or any of its components in any manner. The Company also has rights to all
trademarks and trade dress and specific layouts of every page of the Website, including calls to
action,
text placement, images and other information amounting to intellectual property.
Taxes. You shall be responsible for the payment of any tax that accrues to you under
applicable
law as a result of your use of the Platform.
-
THE SERVICES
The Services provided by the Company through the Platform are available to
any person over the age of
eighteen (18) years who registers on the Platform in the manner provided herein. Persons below the age
of eighteen (18) shall not be entitled to use the Platform or the Services, unless such use is through
the User account of a parent or legal guardian.
The Services provided by the Company shall comprise of
-
Online Consultation
-
wherein the Platform connects Users to the network of experts working with the Company and
facilitates the medical advice and treatment of the medical condition or illness suffered by
the Patient in the Hospital in accordance with the Telemedicine Practice Guidelines, 2020
notified by the MCI(the "Online Consultation"). .
-
Processing of PHI
- The Company shall collect, store, transfer, disclose and use (collectively referred to as
Process) all medical information and records including visit summary, discharge summary,
prescriptions, laboratory/radiology/diagnostics reports prepared at any medical facility
(collectively referred to as Personal Health Information/PHI), voluntarily provided by You
for the purpose of creating a digital locker of your health records. (the "Processing of
PHI").
-
The Company shall also render the service of educating you or notifying you with respect to the
relevant products and services offered by the Company.
All the above are collectively referred to as Services.
-
REPRESENTATIONS, WARRANTIES AND UNDERTAKINGS OF THE USERS
Each User registering on the Platform represents, warrants and undertakes to
the Company as follows:
- That all information that has been uploaded by the User on the Platform is true, complete and
accurate and that the User is authorized to upload such information on the Platform;
- That the Company is only facilitating and assisting the Users to connect to medical practitioners
and that the Company itself is not an expert on the provision of medical or healthcare services of
any type;
- The medical practitioners providing Services on the platform do not have the benefit of information
that would be obtained by examining a Patient in person and observing his / her physical condition
and is dependent on the information provided by you. You agree that you choose to use the Services
while acknowledging this limitation;
- That, irrespective of the Company's best endeavors, there can be incidents wherein PHI may be lost
or altered or modified inadvertently before a back-up of the same is created by the Company.
Therefore, the User shall maintain a physical record of PHI.
-
FEE, PAYMENT GATEWAY AND REFUNDS
The Hospital will collect fees to defray the cost of the information
technology used in the Online Consultation, communication cost and the cost of maintaining the records
involved in the Online Consultation and costs incurred in rendering the Services.
The Platform uses third party payment gateways (namely Razorpay) to process
the transactions made on the Platform. The Company is not liable for any failed transactions. In the
event of a failed transaction, the amount (if debited from a User account) will be refunded to the
User's account as per the corresponding payment gateway's refund policy.
Online Refund Mechanism
-
Normal Refunds where it takes 5-10 working days for the refunds to reach the patients/customers.
-
Instant Refunds where the patients/customers receive their amount almost immediately.
-
Refunds will be sent back to the original payment method used in making the payment. For
example, if
a credit card was used to make the payment, the refund will be pushed to the same credit card
-
PERSONAL DATA AND OTHER INFORMATION MADE AVAILABLE ON THE PLATFORM
The User shall read and understand the Privacy Policy available at
privacy-policy, incorporated by reference herein, so as to ensure that he or she has the knowledge of, (i)
the information collected by the Platform; (ii) the purpose of collection and the use that such
information is put to; and (iii) the entity that collects and retains the information etc.
-
The Company is not responsible for the authenticity of the personal information or sensitive
personal data or information that is supplied by a User on the Platform. The User shall be
responsible for maintaining the confidentiality of his/her account access information and password,
and the User shall be held solely liable for all usage of his/her user account and password, whether
or not authorized by him/her. The User shall be obligated to intimate the Company regarding any
misuse or suspected misuse of his/her user Account information.
-
Where a User provides information that is not authentic or is incomplete, the Company may at its
sole discretion discontinue providing the Services to that User by disabling his/her User Account.
Each User represents and warrants to the Company that the content uploaded by them on the Platform shall
not infringe the privacy and/or the intellectual property rights of any person.
-
THE PLATFORM AND THE SERVICES
Content; Intellectual Property;. The proprietary rights to all information that is created by
the Company and made available on the Platform shall belong to the Company alone. Unauthorized use of
any
content or material that is available on the Platform shall violate intellectual property rights. You
shall use the content on this Platform only for personal, non-commercial use.
The Platform shall not be used by you for any illegal or unlawful purpose. Your use of the Platform
shall be in compliance with all applicable laws and regulations. You shall not interfere or hinder the
use of the Platform by other Users or Users, and you shall not engage in transmission of "spam", chain
letters, junk mail or any other type of unsolicited communication.
By using this Platform, you are granted a limited, non-exclusive, non-transferable right to use the
Platform for receiving the Services defined herein and the content and materials on the Platform for
your information, in a lawful manner. You shall not copy, reproduce, transmit, distribute, or create
derivative works of such content or information without express written authorization from the Company
or the applicable third party (if content belonging to such third party is being used).
-
RESTRICTIONS ON USE
You shall not host, display, upload, modify, publish, transmit, update or share any information that:
- belongs to another person and to which you do not have any proprietary right or authorization;
- is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, pedophilic, libelous,
invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating
or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
- harm minors in any way;
- infringes any patent, trademark, copyright or other proprietary rights;
- violates any law for the time being in force;
- deceives or misleads the addressee about the origin of such messages or communicates any information
which is grossly offensive or menacing in nature;
- impersonates another person;
- contains software viruses or any other computer code, files or programs designed to interrupt,
destroy or limit the functionality of any computer resource; or
- Threatens the unity, integrity, defense, security or sovereignty of India or any territory, friendly
relations with foreign states, or public order or causes incitement to the commission of any
cognizable offence or prevents investigation of any offence or is insulting any other nation.
The Company retains the right to remove from the Platform any content that contravenes any of the above
conditions.
-
DISCLAIMER OF WARRANTIES
Please note that your use of the Platform and the services shall be at your sole risk. The Company
disclaims all warranties of any kind, whether express or implied, including, but not limited to
non-infringement of third party rights with respect to the contents of the Platform, or any reliance
upon or use of the Platform contents or the Services.
IN NO EVENT SHALL THE COMPANY BE LIABLE TO A USER OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE,
INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY OTHER DIRECT OR INDIRECT DAMAGES,
INCLUDING WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF DATA OR PROFITS, WHETHER OR NOT THE COMPANY
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR
IN CONNECTION WITH THE USE OF THE PLATFORM OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS
THROUGH THE PLATFORM, INCLUDING WITHOUT LIMITATION PAYMENT OF FEES.
Further, the Company makes no warranty that the content made available on the Platform is complete,
updated or accurate.
-
LIMITATION OF LIABILITY
The aggregate liability of the Company to a User with respect to the Platform content and for the
services provided solely by the Company, and/or for any breach of this Agreement is limited to a value
of [Rupees One Thousand Only (INR 1,000/-)]. The Company shall not be liable for any direct, indirect,
incidental, special or consequential damages in connection with this Agreement. It is further clarified
that the Company shall not be liable to any User with respect to any causes of action, losses or damages
arising out of or in connection with:
- the User's use of the Services;
- any evaluation/consultation/treatment advice/course/directions undertaken by the User on the basis
of any opinion provided through the Services;
-
INDEMNIFICATION
You shall indemnify, defend and hold harmless the Company as well as each of its representatives,
employees, contractors, agents, officers, directors, shareholders, affiliates and assigns from all
liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses in
relation to all claims arising out of (a) a breach of the obligations undertaken by you under the terms
of this Agreement; (b) use or misuse by you of the Platform and/or its content; (c) breach of any
intellectual property or other proprietary rights of any person or entity; or (d) the inaccuracy or
incompleteness of any information or data you supplied on the Platform
If and when so required, the Company may seek written assurances from you regarding your undertaking to
indemnify the Company, and your failure to provide such assurances would amount to a material breach of
this Agreement. The Company may participate in any legal proceedings where you are defending a third
party claim related to your use of any of the Platform. You shall notify the Company of any third party
legal proceeding that is initiated in relation to the Platform or the Services, to which legal
proceeding you are a party.
-
REDRESSAL OF GRIEVANCES
If you have any questions or grievances regarding the Platform, or the contents thereof, you may reach
out to the Grievance officer of the Company's customer support at
feedback@narayana.health (the "Grievance Officer"). The
Grievance Officer shall address any complaint or grievance that is raised by a User within a period of
one (1) month from the date on which it is raised and complete information on the same is received from
You.
-
USE OUTSIDE INDIA
Although the Platform may be accessible worldwide, the Company makes no representation that materials
on the Platform are appropriate or available for use in locations outside India or that the Platform
complies with the laws that are applicable in any jurisdiction that is outside India. Accessing the
Platform from territories where the content of the Platform and/or the provision of the Services is
deemed illegal is prohibited. Users accessing the Platform from locations outside India do so at their
own risk and are responsible for compliance with local laws that are applicable to them. Any offer for
any Service, and/or information made in connection with the Platform is void where prohibited.
-
MISCELLANEOUS PROVISIONS
Force Majeure. The Company shall not be responsible for any cessation, interruption or delay in
the performance of its obligations hereunder due acts of god and events beyond the control of the
Hospital including but not limited to earthquake, flood, fire, storm, natural disaster, act of God, war,
terrorism, armed conflict, labor strike, lockout, or boycott or change in law leading to prohibition of
rendering of Services or use of Platform or technical snag or disruption in the telecommunication lines
or services of any third party necessary to render the online consultation.. The Company may at any
time, in its sole discretion and without advance notice to you, cease operation of the Platform.
Entire Agreement. This Agreement along with the Privacy Policy, Service Disclaimer and Consent
comprises the entire agreement between you and the Company with respect to the use of the Platform.
No Waiver. A delay or failure by the Company to exercise or enforce any right or provision of
this Agreement will not constitute a waiver of such right or provision.
Notices: All notices given to you by the Company or by you to the Company shall be in writing and
in the English language. Such notice shall be sent by e-mail or mailed by a prepaid recognized courier
service to the intended recipient at the address set out below, or any changed address that is notified
by either Party:
Notice to the Company:
Narayana Hrudayalaya Limited
258/A, Bommasandra Industrial Area, Anekal Taluk, Bengaluru - 560099
Notice to User:
At the email address provided by you at the time of registration on the Platform.
Governing Law; Jurisdiction. This Agreement is governed by the provisions of Indian law,
including but not limited to the following:
- the Indian Contract Act, 1872;
- the (Indian) Information Technology Act, 2000;
- the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive
Personal Information) Rules, 2011
This Platform originates from India. By using this Platform, you consent to exclusive jurisdiction and
venue of the courts located in Karnataka, India in connection with any action, suit, proceeding or claim
arising under or by reason of this Agreement, barring the conflict of laws principles.
Termination. The Company may terminate your access to the Platform without any notice to you if
it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions
of this Agreement.
Through this Agreement, You consent to receiving calls and / messages from the Company with respect to
the Services and awareness messages on the services provided on the Platform and elsewhere by the
Company. You consent to all calls made to and from the representatives of the Company to You or Your
representative to be recorded by the Company for quality, training and internal record purposes.
I, as a subscriber/ user of the services offered through the web portal narayanahealth.org, do hereby
expressly authorize the Company and any of their business associates to call/ SMS my/our registered
phone numbers (as provided by me/us to the Company on the Platform).
I realize, acknowledge and expressly authorize the Company to make the initial communication (via Call /
SMS / E-mail/WhatsApp) for the purposes of confirmation of my credentials provided by me. I hereby
authorize the Company and its business associates to continue contacting me via any of the modes of
communication listed above, till such time as I expressly opt-out / unsubscribe from the service offered
by the Company. Till such time, the Company and its business associates shall have all rights to
continue communicating with me and I shall completely indemnify them against any liability that may
arise as a result of such authorization to communicate. Such indemnification shall extend to court cases
and suits and all lawyer/advocate fees, even if the dispute is never subjected to judicial scrutiny.
This Terms of Use agreement (the "Agreement") governs your use of this Website, the Tool - NH Care as well as
email communications received on noreply@narayanahealth.org and text messages received on +91 8067506890
(collectively, the "Platform"). The Platform is owned and operated by Narayana Hrudayalaya Limited, a public
limited company existing under the provisions of the Companies Act, 2013 having its registered office at 258/A,
Bommasandra Industrial Area, Anekal Taluk, Bengaluru 560099 (the "Company" which expression shall mean and
include, unless repugnant to the context, its successors-in-interest, Affiliates and permitted assigns). The
Company reserves the right to modify the terms contained in this Agreement at any time by posting such
modifications on the Website.
The modified Agreement would be effective from the date of modification that is posted by the Company on the
Website. If you do not agree to any term that is contained in this Agreement, please immediately cease your use
of the Platform.
"Hospital" in this Agreement refers to a hospital situated in India that is owned or controlled or operated and
managed by the Company or its Affiliates.
"You" or the "User" or the "Patient" in this Agreement refers to any person who is a resident of Afghanistan,
Bangladesh, Bhutan, Burundi, Cambodia, Democratic Republic of the Congo, Ethiopia, Fiji, Ghana, Indonesia, Iraq,
Kazakhstan, Jamaica, Kenya, Kuwait, Kyrgyzstan, Madagascar, Maldives, Mauritius, Myanmar (Burma), Nepal, Niger,
Nigeria, Oman, Pakistan, Qatar, Rwanda, , Republic of the Congo, Saudi Arabia, Sri Lanka, Sudan, Tajikistan,
Tanzania, Turkmenistan, Uganda, Uzbekistan, Yemen, Zambia and uses the Platform.
-
TERMS
Terms of Offer. The Platform builds and operates a centralized network of various specialists and
experts qualified to practice the profession of medicine in India who shall be offering the service of
Online Evaluation and Online Follow-up Consultation (collectively referred to as Services) to the
Patients.
Proprietary Rights. The Company has proprietary rights in the Platform and you may not copy or
reproduce the Platform or any of its components in any manner. The Company also has rights to all
trademarks and trade dress and specific layouts of every page of the Website, including calls to action,
text placement, images and other information.
Taxes. You shall be responsible for the payment of any tax that accrues to you under applicable
law as a result of your use of the Platform.
-
THE SERVICES
The Services provided by the Company through the Platform are available to any person over the age of
eighteen (18) years who registers on the Platform in the manner provided herein. Persons below the age
of eighteen (18) shall not be entitled to use the Platform or the Services, unless such use is through
the User account of a parent or legal guardian.
The nature of the Services provided by the Company shall only comprise of
The Company shall also educate you or notify you with respect to the relevant products and services offered by the Company.
-
REPRESENTATIONS, WARRANTIES AND UNDERTAKINGS OF THE USERS
Each User registering on the Platform represents, warrants and undertakes to the Company as follows:
-
That all information that has been uploaded by the User on the Platform is true, complete and accurate and that the User is authorized to upload such information on the Platform;
-
That the Company is only facilitating and assisting the Users to connect to medical practitioners and that the Company itself is not an expert on the provision of medical or healthcare services of any type;
-
That the Online Evaluation shall not be treated as a medical consultation rendered by the concerned medical practitioner. In no event shall the evaluation substitute the primary consultation and treatment that is being obtained by the Patient;
-
The medical practitioners providing Services on the platform do not have the benefit of information that would be obtained by examining a Patient in person and observing his / her physical condition and is dependent on the information provided by you. You agree that you choose to use the Services while acknowledging this limitation;
-
FEE, PAYMENT GATEWAY AND REFUNDS
The Hospital will collect fees to defray the cost of the information technology used in the Online consultation, telecommunication cost and the cost of maintaining the records involved in the Online Consultation.
The Platform uses third party payment gateways (namely razorpay) to process the transactions made on the Platform. The Company is not liable for any failed transactions. In the event of a failed transaction, the amount (if debited from a User account) will be refunded to the User's account as per the corresponding payment gateway's refund policy.
-
PERSONAL DATA AND OTHER INFORMATION MADE AVAILABLE ON THE PLATFORM
The User shall read and understand the Privacy Policy available at
privacy-policy, incorporated by reference herein, so as to ensure that he or she has the knowledge of, (i) the information collected by the Platform; (ii) the purpose of collection and the use that such information is put to; and (iii) the entity that collects and retains the information etc.
-
The Company is not responsible for the authenticity of the personal information or sensitive personal data or information that is supplied by a User on the Platform. The User shall be responsible for maintaining the confidentiality of his/her account access information and password, and the User shall be held solely liable for all usage of his/her user account and password, whether or not authorized by him/her. The User shall be obligated to intimate the Company regarding any misuse or suspected misuse of his/her user Account information.
-
Where a User provides information that is not authentic or is incomplete, the Company may at its sole discretion discontinue providing the Services to that User by disabling his/her User Account.
Each User represents and warrants to the Company that the content uploaded by them on the Platform shall not infringe the privacy and/or the intellectual property rights of any person.
-
THE PLATFORM AND THE SERVICES
Content; Intellectual Property;. The proprietary rights to all information that is created by the Company and made available on the Platform shall belong to the Company alone. Unauthorized use of any content or material that is available on the Platform shall violate intellectual property rights. You shall use the content on this Platform only for personal, non-commercial use.
The Platform shall not be used by you for any illegal or unlawful purpose. Your use of the Platform shall be in compliance with all applicable laws and regulations. You shall not interfere or hinder the use of the Platform by other Users or Users, and you shall not engage in transmission of "spam", chain letters, junk mail or any other type of unsolicited communication.
By using this Platform, you are granted a limited, non-exclusive, non-transferable right to use the Platform for receiving the Services defined herein and the content and materials on the Platform for your information, in a lawful manner. You shall not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from the Company or the applicable third party (if content belonging to such third party is being used).
-
RESTRICTIONS ON USE
You shall not host, display, upload, modify, publish, transmit, update or share any information that:
- belongs to another person and to which you do not have any proprietary right or authorization;
-
is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
-
harm minors in any way;
-
infringes any patent, trademark, copyright or other proprietary rights;
-
violates any law for the time being in force;
-
deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
-
impersonates another person;
-
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or
-
Threatens the unity, integrity, defense, security or sovereignty of India or any territory, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
The Company retains the right to remove from the Platform any content that contravenes any of the above conditions.
-
DISCLAIMER OF WARRANTIES
Please note that your use of the Platform and the services shall be at your sole risk. The Company disclaims all warranties of any kind, whether express or implied, including, but not limited to non-infringement of third party rights with respect to the contents of the Platform, or any reliance upon or use of the Platform contents or the Services.
IN NO EVENT SHALL THE COMPANY BE LIABLE TO A USER OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY OTHER DIRECT OR INDIRECT DAMAGES, INCLUDING WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF DATA OR PROFITS, WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE PLATFORM OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THE PLATFORM, INCLUDING WITHOUT LIMITATION PAYMENT OF FEES.
Further, the Company makes no warranty that the content made available on the Platform is complete, updated or accurate.
-
LIMITATION OF LIABILITY
The aggregate liability of the Company to a User with respect to the Platform content and for the services provided solely by the Company, and/or for any breach of this Agreement is limited to a value of [Rupees One Thousand Only (INR 1,000/-)]. The Company shall not be liable for any direct, indirect, incidental, special or consequential damages in connection with this Agreement. It is further clarified that the Company shall not be liable to any User with respect to any causes of action, losses or damages arising out of or in connection with:
-
the User's use of the Services;
-
any evaluation/consultation/treatment advice/course/directions undertaken by the User on the basis of any opinion provided through the Services;
-
INDEMNIFICATION
You shall indemnify, defend and hold harmless the Company as well as each of its representatives, employees, contractors, agents, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses in relation to all claims arising out of (a) a breach of the obligations undertaken by you under the terms of this Agreement; (b) use or misuse by you of the Platform and/or its content; (c) breach of any intellectual property or other proprietary rights of any person or entity; or (d) the inaccuracy or incompleteness of any information or data you supplied on the Platform
If and when so required, the Company may seek written assurances from you regarding your undertaking to indemnify the Company, and your failure to provide such assurances would amount to a material breach of this Agreement. The Company may participate in any legal proceedings where you are defending a third party claim related to your use of any of the Platform. You shall notify the Company of any third party legal proceeding that is initiated in relation to the Platform or the Services, to which legal proceeding you are a party.
-
REDRESSAL OF GRIEVANCES
If you have any questions or grievances regarding the Platform, or the contents thereof, you may reach out to the Grievance officer of the Company's customer support at
feedback@narayana.health (the "Grievance Officer"). The Grievance Officer shall address any complaint or grievance that is raised by a User within a period of one (1) month from the date on which it is raised and complete information on the same is received from You.
-
USE OUTSIDE INDIA
Although the Platform may be accessible worldwide, the Company makes no representation that materials on the Platform are appropriate or available for use in locations outside India or that the Platform complies with the laws that are applicable in any jurisdiction that is outside India. Accessing the Platform from territories where the content of the Platform and/or the provision of the Services is deemed illegal is prohibited. Users accessing the Platform from locations outside India do so at their own risk and are responsible for compliance with local laws that are applicable to them. Any offer for any Service, and/or information made in connection with the Platform is void where prohibited.
-
MISCELLANEOUS PROVISIONS
Force Majeure. The Company shall not be responsible for any cessation, interruption or delay in the performance of its obligations hereunder due acts of god and events beyond the control of the Hospital including but not limited to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott or change in law leading to prohibition of rendering of Services or use of Platform or technical snag or disruption in the telecommunication lines or services of any third party necessary to render the online consultation.. The Company may at any time, in its sole discretion and without advance notice to you, cease operation of the Platform.
Entire Agreement. This Agreement along with the Privacy Policy, Service Disclaimer and Consent comprises the entire agreement between you and the Company with respect to the use of the Platform.
No Waiver. A delay or failure by the Company to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision.
Notices: All notices given to you by the Company or by you to the Company shall be in writing and in the English language. Such notice shall be sent by e-mail or mailed by a prepaid recognized courier service to the intended recipient at the address set out below, or any changed address that is notified by either Party:
Notice to the Company:
Narayana Hrudayalaya Limited
258/A, Bommasandra Industrial Area, Anekal Taluk, Bengaluru - 560099
Notice to User:
At the email address provided by you at the time of registration on the Platform.
Governing Law; Jurisdiction. This Agreement is governed by the provisions of Indian law, including but not limited to the following:
- the Indian Contract Act, 1872;
- the (Indian) Information Technology Act, 2000;
- the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011
This Platform originates from India. By using this Platform, you consent to exclusive jurisdiction and venue of the courts located in Karnataka, India in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement, barring the conflict of laws principles.
Termination. The Company may terminate your access to the Platform without any notice to you if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement.
Through this Agreement, You consent to receiving calls and / messages from the Company with respect to the Services and awareness messages on the services provided on the Platform. You consent to all calls made to and from the representatives of the Company to You or Your representative to be recorded by the Company for quality, training and internal record purposes.
I, as a subscriber/ user of the services offered through the web portal narayanahealth.org, do hereby expressly authorize the Company and any of their business associates to call/ SMS my/our registered phone numbers (as provided by me/us to the Company on the Platform).
I realize, acknowledge and expressly authorize the Company to make the initial communication (via Call / SMS / E-mail/WhatsApp) for the purposes of confirmation of my credentials provided by me. I hereby authorize the Company and its business associates to continue contacting me via any of the modes of communication listed above, till such time as I expressly opt-out / unsubscribe from the service offered by the Company. Till such time, the Company and its business associates shall have all rights to continue communicating with me and I shall completely indemnify them against any liability that may arise as a result of such authorization to communicate. Such indemnification shall extend to court cases and suits and all lawyer/advocate fees, even if the dispute is never subjected to judicial scrutiny.