Treatopedia Terms and Conditions

Avyukt Health Care Solutions Private Limited is the author and publisher of the internet resource www.treatopedia.com and the mobile application ‘Treatopedia, (together, “Website”). Treatopedia owns and operates the services provided through the Website and Mobile Application.

1. NATURE AND APPLICABILITY OF TERMS

Please carefully go through these terms and conditions (“Terms”) and the privacy policy available here before you decide to access the Website and Mobile Application or avail the services made available on the Website and Mobile Application by Treatopedia. These Terms and the Privacy Policy together constitute a legal agreement (“Agreement”) between you and Treatopedia in connection with your visit to the Website and Mobile Application and your use of the Services (as defined below).

The Agreement applies to you whether you are:-

  • A medical practitioner or health care provider (whether an individual professional or an organization) or similar institution wishing to be listed, or already listed, on the Website, including designated, authorized associates of such practitioners or institutions (“Practitioner(s)”, “you” or “User”); or
  • A patient, his/her representatives or affiliates, searching for Practitioners/Hospitals/Laboratories/Diagnostic Center through the Website (“End-User”, “you” or “User”); or
  • Otherwise a user of the Website and Mobile Application(“you” or “User”)

This Agreement applies to those services made available by Treatopedia on the Website and Mobile Application, which are offered free of charge to the Users (“Services”), including the following:

  • For Practitioners: Listing of Practitioners and their profiles and contact details, to be made available to the other Users and visitors to the Website;
  • For Hospitals: Listing of Hospitals and their profiles and contact details, to be made available to the other Users and visitors to the Website;
  • For Laboratories: Listing of Laboratories and their profiles and contact details, to be made available to the other Users and visitors to the Website;
  • For Diagnostic Centers: Listing of Diagnostic Centers and their profiles and contact details, to be made available to the other Users and visitors to the Website;
  • For other Users: Facility to (i) create and maintain ‘Health Accounts’, (ii) search for Practitioners/Hospitals/Laboratories/Diagnostic Centers by name, specialty, and geographical area, treatments or any other criteria that may be developed and made available by Treatopedia, and (iii) to make appointments with Practitioners/Hospitals/Laboratories/Diagnostic Centers.

The Services may change from time to time, at the sole discretion of Treatopedia, and the Agreement will apply to your visit to and your use of the Website to avail the Service, as well as to all information provided by you on the Website at any given point in time.

This Agreement defines the terms and conditions under which you are allowed to use the Website and describes the manner in which we shall treat your account while you are registered as a member with us. If you have any questions about any part of the Agreement, feel free to contact us at [email protected].

By downloading or accessing the Website to use the Services, you irrevocably accept all the conditions stipulated in this Agreement, the Subscription Terms of Service and Privacy Policy, as available on the Website, and agree to abide by them. This Agreement supersedes all previous oral and written terms and conditions (if any) communicated to you relating to your use of the Website to avail the Services. By availing any Service, you signify your acceptance of the terms of this Agreement.

We reserve the right to modify or terminate any portion of the Agreement for any reason and at any time, and such modifications shall be informed to you in writing You should read the Agreement at regular intervals. Your use of the Website following any such modification constitutes your agreement to follow and be bound by the Agreement so modified.

You acknowledge that you will be bound by this Agreement for availing any of the Services offered by us. If you do not agree with any part of the Agreement, please do not use the Website or avail any Services.

Your access to use of the Website and the Services will be solely at the discretion of Treatopedia.

The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but not limited to:

  • The Indian Contract Act, 1872,
  • The (Indian) Information Technology Act, 2000, and
  • The rules, regulations, guidelines and clarifications framed there under, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”).

2. CONDITIONS OF USE

You must be 18 years of age or older to register, use the Services, or visit or use the Website in any manner. By registering, visiting and using the Website or accepting this Agreement, you represent and warrant to Treatopedia that you are 18 years of age or older, and that you have the right, authority and capacity to use the Website and the Services available through the Website, and agree to and abide by this Agreement.

3. TERMS OF USE APPLICABLE TO ALL USERS OTHER THAN PRACTITIONERS/HOSPITALS/LABORATORIES/DIAGNOSTIC CENTERS

The terms in this Clause 3 are applicable only to Users other than Practitioners.

  • 3.1 END-USER ACCOUNT AND DATA PRIVACY
    • 3.1.1 The terms “personal information” and “sensitive personal data or information” are defined under the SPI Rules, and are reproduced in the Privacy Policy.
    • 3.1.2 Treatopedia may by its Services, collect information relating to the devices through which you access the Website, and anonymous data of your usage. The collected information will be used only for improving the quality of Treatopedia’s services and to build new services.
    • 3.1.3 The Website allows Treatopedia to have access to registered Users’ personal email or phone number, for communication purpose so as to provide you a better way of booking appointments and for obtaining feedback in relation to the Health Service providers and their services.
      • 3.1.4 The Privacy Policy sets out, inter-alia:
        • The type of information collected from Users, including sensitive personal data or information;
        • The purpose, means and modes of usage of such information;
        • How and to whom Treatopedia will disclose such information; and,
        • Other information mandated by the SPI Rules.
      • 3.1.5 The User is expected to read and understand the Privacy Policy, so as to ensure that he or she has the knowledge of, inter-alia:
        • The fact that certain information is being collected;
        • The purpose for which the information is being collected;
        • The intended recipients of the information;
        • The nature of collection and retention of the information; and
        • The name and address of the agency that is collecting the information and the agency that will retain the information; and
        • The various rights available to such Users in respect of such information.
    • 3.1.6 Treatopedia shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the User to Treatopedia or to any other person acting on behalf of Treatopedia.
    • 3.1.7 The User is responsible for maintaining the confidentiality of the User’s account access information and password, if the User is registered on the Website. The User shall be responsible for all usage of the User’s account and password, whether or not authorized by the User. The User shall immediately notify Treatopedia of any actual or suspected unauthorized use of the User’s account or password. Although Treatopedia will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Treatopedia or such other parties as the case may be, due to any unauthorized use of your account.
    • 3.1.8 If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Treatopedia has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Treatopedia has the right to discontinue the Services to the User at its sole discretion.
    • 3.1.9 Treatopedia may use such information collected from the Users from time to time for the purposes of debugging customer support related issues.
    • 3.1.10 Against every Health Service provider listed in Treatopedia.com, you may see a ‘book appointment’ option. When you choose this option, you choose to arrange an appointment through Treatopedia, and the records of such requests are recorded and stored in Treatopedia’s servers. Such records are dealt with only in accordance with the terms of the Privacy Policy. Such facility provided to you by Treatopedia should be used only for appointment and booking purposes, and not for consultation on health-related issues. Treatopedia accepts no liability if the booking facility is not used in accordance with the foregoing.
  • 3.2 RELEVANCE ALGORITHM

    Treatopedia’s relevance algorithm for the Healthcare Service provider is a fully automated system that lists the Doctors/Hospitals/Laboratories, their profile and information regarding their Practice on its Website. These listings do not represent any fixed objective ranking or endorsement by Treatopedia. Treatopedia will not be liable for any change in the relevance of the Healthcare Service provider on search results, which may take place from time to time. The listing of Doctors/Hospitals/Laboratories will be based on automated computation of the various factors including inputs made by the Users including their comments and feedback. Such factors may change from time to time, in order to improve the listing algorithm. Treatopedia in no event will be held responsible for the accuracy and the relevancy of the listing order of the Doctors/Hospitals/Laboratories on the Website.

  • 3.3 LISTING CONTENT AND DISSEMINATING INFORMATION
    • 3.3.1 Treatopedia collects, directly or indirectly, and displays on the Website, relevant information regarding the profile and practice of the Doctors/Hospitals/Laboratories listed on the Website, such as their specialization, qualification, fees, location, visiting hours, and similar details. Treatopedia takes reasonable efforts to ensure that such information is updated at frequent intervals. Although Treatopedia screens and vets the information and photos submitted by the Doctors/Hospitals/Laboratories, it cannot be held liable for any inaccuracies or incompleteness represented from it, despite such reasonable efforts.
    • 3.3.2 The Services provided by Treatopedia or any of its licensors or service providers are provided on an "as is" and “as available’ basis, 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). Treatopedia does not provide or make any representation, warranty or guarantee, express or implied about the Website or the Services. Treatopedia does not guarantee the accuracy or completeness of any content or information provided by Users on the Website. To the fullest extent permitted by law, Treatopedia disclaims all liability arising out of the User’s use or reliance upon the Website, the Services, representations and warranties made by other Users, the content or information provided by the Users on the Website, or any opinion or suggestion given or expressed by Treatopedia or any User in relation to any User or services provided by such User.
    • 3.3.3 The Website may be linked to the website of third parties, affiliates and business partners. Treatopedia has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through our Website. Inclusion of any link on the Website does not imply that Treatopedia endorses the linked site. User may use the links and these services at User’s own risk.
    • 3.3.4 Treatopedia 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 Website or the downloading of any material, data, text, images, video content, or audio content from the Website. If a User is dissatisfied with the Website, User’s sole remedy is to discontinue using the Website.
    • 3.3.5 If Treatopedia determines that you have provided fraudulent, inaccurate, or incomplete information, including through feedback, Treatopedia reserves the right to immediately suspend your access to the Website or any of your accounts with Treatopedia and makes such declaration on the website alongside your name/your clinic’s name as determined by Treatopedia for the protection of its business and in the interests of Users. You shall be liable to indemnify Treatopedia for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected Treatopedia or its Users.
  • 3.4 BOOK APPOINTMENT

    Treatopedia enables Users to connect with Doctors/Hospitals/Laboratories through two methods: a) Book facility that allows Users book an appointment through the Website; b) Value added telephonic services to our customer care center number provided on the Website.

    • 3.4.1 Treatopedia will ensure Users are provided confirmed appointment on the Book facility. However, Treatopedia has no liability if such an appointment is later cancelled by the Doctors/Hospitals/Laboratories, or the same Doctors/Hospitals/Laboratories is not available for appointment.
    • 3.4.2 If a User has utilized the telephonic services, Treatopedia reserves the right to share the information provided by the User with the Doctors/Hospitals/Laboratories and store such information and/or conversation of the User with the Doctors/Hospitals/Laboratories, in accordance with our Privacy Policy.
    • 3.4.3 The results of any search Users perform on the Website for Doctors/Hospitals/Laboratories should not be construed as an endorsement by Treatopedia of any such particular Doctors/Hospitals/Laboratories. If the User decides to engage with a Doctors/Hospitals/Laboratories to seek medical services, the User shall be doing so at his/her own risk.
    • Without prejudice to the generality of the above, Treatopedia is not involved in providing any healthcare or medical advice or diagnosis and hence is not responsible for any interactions between User and the Doctors/Hospitals/Laboratories. User understands and agrees that Treatopedia will not be liable for:
      • User interactions and associated issues User has with the Doctors/Hospitals/Laboratories;
      • The ability or intent of the Doctors/Hospitals/Laboratories or the lack of it, in fulfilling their obligations towards Users;
      • Any wrong medication or quality of treatment being given by the Doctors/Hospitals/Laboratories or any medical negligence on part of the Doctors/Hospitals/Laboratories;
      • Inappropriate treatment, or similar difficulties or any type of inconvenience suffered by the User due to a failure on the part of the Doctors/Hospitals/Laboratories to provide agreed Services;
      • Any misconduct or inappropriate behaviour by the Doctors/Hospitals/Laboratories or the Doctors/Hospitals/Laboratories staff;
      • Cancellation or no show by the Doctors/Hospitals/Laboratories or rescheduling of booked appointment or any variation in the fees charged, provided these have been addressed to by Treatopedia.
    • 3.4.4 Users are allowed to provide feedback about their experiences with the Doctors/Hospitals/Laboratories, however, the User shall ensure that, the same is provided in accordance with applicable law. User however understands that, Treatopedia shall not be obliged to act in such manner as may be required to give effect to the content of Users feedback, such as suggestions for delisting of a particular Doctors/Hospitals/Laboratories from the Website.
      • User interactions and associated issues User has with the Doctors/Hospitals/Laboratories;
      • The ability or intent of the Doctors/Hospitals/Laboratories or the lack of it, in fulfilling their obligations towards Users;
      • Any wrong medication or quality of treatment being given by the Doctors/Hospitals/Laboratories or any medical negligence on part of the Doctors/Hospitals/Laboratories;
      • Inappropriate treatment, or similar difficulties or any type of inconvenience suffered by the User due to a failure on the part of the Doctors/Hospitals/Laboratories to provide agreed Services;
      • Any misconduct or inappropriate behaviour by the Doctors/Hospitals/Laboratories or the Doctors/Hospitals/Laboratories staff;
      • Cancellation or no show by the Doctors/Hospitals/Laboratories or rescheduling of booked appointment or any variation in the fees charged, provided these have been addressed to by Treatopedia.
    • 3.4.5 Users are allowed to provide feedback about their experiences with the Doctors/Hospitals/Laboratories, however, the User shall ensure that, the same is provided in accordance with applicable law. User however understands that, Treatopedia shall not be obliged to act in such manner as may be required to give effect to the content of Users feedback, such as suggestions for delisting of a particular Doctors/Hospitals/Laboratories from the Website.
    • 3.4.6 In case of a ‘Patient-No-Show (P.N.S)’ (defined below), where the User does not show-up at the concerned Doctors/Hospitals/Laboratories:
      • User’s account will be temporarily disabled from booking further online appointments on Treatopedia.com for next four (4) months, in case of, three(3) Valid PNS, as per the Patient-No-Show Policy. However, the User can continue to call Treatopedia.com to get an appointment.
      • Patient- No-Show (P.N.S) for the purposes of these Terms and Conditions, is defined as, any instance where a User, who booked an appointment on the Website using the Book Appointment facility , has not turned up for the appointment without cancelling, rescheduling, or informing the Doctors/Hospitals/Laboratories in advance about the same. When Doctors/Hospitals/Laboratories informs Treatopedia of the incident within five (5) days of the scheduled appointment, an email and SMS (“PNS Communication”) will be sent to the User to confirm on the incident with reasons. Where the User is not able to establish that the User had a legitimate reason as per Clause 3.4.6(c), for not showing up, Treatopedia shall be entitled to take actions as under Clause 3.4.6 (a). However Users understand that, actions such as ones mentioned under Clause 3.4.6(a) are included as a deterrent to stop Users from misusing the Website, and the loss of business hours incurred by the Doctors/Hospitals/Laboratories.
      • Following instances, solely at the discretion of Treatopedia, would be construed as valid cases of PNS (“Valid PNS”), in which case the User shall be penalized as per Clause 3.4.6 (a):
        • a. User does not reply within seven (7) days, with reasons to PNS Communication, from the date of receipt of such PNS Communication;
        • b. In case User responds to the PNS Communication with below reasons:
        • a. Forgot the appointment
        • b. Chose to visit another Doctors/Hospitals/Laboratories /consulted online;
        • c. Busy with other work; or such other reasons (which Treatopedia at its discretion decides to be a valid reason to not show up).
        • c. Where the User has booked a paid appointment and is unable to visit the Doctors/Hospitals/Laboratories, due to such genuine reasons of sickness etc. at the sole discretion of Treatopedia, pursuant to conducting of investigation, the User shall be provided with a refund of such payment made by User, at the time of booking. However, where cancellation charges have been levied, you would not be entitled to complete refund.
        • iv. Treatopedia reserves the right to make the final decision in case of a conflict. The total aggregate liability of Treatopedia with respect to any claims made herein shall be INR 200.
    • 3.4.7 Cancellation and Refund Policy
      • In the event that, the Doctors/Hospitals/Laboratories with whom User has booked a paid appointment via the Website, has not been able to meet the User, User will need to write to us at [email protected] within five (5) days from the occurrence of such event; in which case, the entire consultation amount as mentioned on the Website will be refunded to the User within the next five (5) to six (6) business days in the original mode of payment done by the User while booking. In case where the User, does not show up for the appointment booked with a Doctors/Hospitals/Laboratories, without cancelling the appointment beforehand, the amount will not be refunded, and treated as under Clause 3.4.6. However, where cancellation charges have been levied (as charged by the Practitioner/Practice), you would not be entitled to complete refund even if you have cancelled beforehand.
      • Users will not be entitled for any refunds in cases where, the Doctors/Hospitals/Laboratories is unable to meet the User at the exact time of the scheduled appointment time and the User is required to wait, irrespective of the fact whether the User is required to wait or choose to not obtain the medical services from the said Doctors/Hospitals/Laboratories.
  • 3.5 NO DOCTOR-PATIENT RELATIONSHIP; NOT FOR EMERGENCY USE
    • 3.5.1 Please note that some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, “Information”) that may be available on the Website (including information provided in direct response to your questions or postings) may be provided by individuals in the medical profession. The provision of such Information does not create a licensed medical professional/patient relationship, between Treatopedia and you and does not constitute an opinion, medical advice, or diagnosis or treatment of any particular condition, but is only provided to assist you with locating appropriate medical care from a qualified practitioner.
    • 3.5.2 It is hereby expressly clarified that, the Information that you obtain or receive from Treatopedia, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Website is for informational purposes only. We make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, quality of work, expertise or other information provided on the Website. In no event shall we be liable to you or anyone else for any decision made or action taken by you in reliance on such information.
    • 3.5.3 The Services are not intended to be a substitute for getting in touch with emergency healthcare. If you are an End-User facing a medical emergency (either on your or a another person’s behalf), please contact an ambulance service or hospital directly.
  • 3.6 CONTENT OWNERSHIP AND COPYRIGHT CONDITIONS OF ACCESS
    • 3.6.1 The contents listed on the Website are (i) User generated content, or (ii) belong to Treatopedia. The information that is collected by Treatopedia directly or indirectly from the End- Users and the Doctors/Hospitals/Laboratories shall belong to Treatopedia. Copying of the copyrighted content published by Treatopedia on the Website for any commercial purpose or for the purpose of earning profit will be a violation of copyright and Treatopedia reserves its rights under applicable law accordingly.
    • 3.6.2 Treatopedia authorizes the User to view and access the content available on or from the Website solely for ordering, receiving, delivering and communicating only as per this Agreement. The contents of the Website, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the Website (collectively, "Treatopedia Content"), are the property of Treatopedia and are protected under copyright, trademark and other laws. User shall not modify the Treatopedia Content or reproduce, display, publicly perform, distribute, or otherwise use the Treatopedia Content in any way for any public or commercial purpose or for personal gain.
    • 3.6.3 User shall not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
  • 3.7 REVIEWS AND FEEDBACK

    By using this Website, you agree that any information shared by you with Treatopedia or with any Doctors/Hospitals/Laboratories will be subject to our Privacy Policy.

    You are solely responsible for the content that you choose to submit for publication on the Website, including any feedback, ratings, or reviews (“Critical Content”) relating to Doctors/Hospitals/Laboratories or other healthcare service provider. The role of Treatopedia in publishing Critical Content is restricted to that of an ‘intermediary’ under the Information Technology Act, 2000. Treatopedia disclaims all responsibility with respect to the content of Critical Content, and its role with respect to such content is restricted to its obligations as an ‘intermediary’ under the said Act. Treatopedia shall not be liable to pay any consideration to any User for re-publishing any content across any of its platforms.

    Your publication of reviews and feedback on the Website is governed by Clause 5 of these Terms. Without prejudice to the detailed terms stated in Clause 5, you hereby agree not to post or publish any content on the Website that (a) infringes any third-party intellectual property or publicity or privacy rights, or (b) violates any applicable law or regulation, including but not limited to the IG Rules and SPI Rules. Treatopedia, at its sole discretion, may choose not to publish your reviews and feedback, if so required by applicable law, and in accordance with Clause 5 of these Terms. You agree that Treatopedia may contact you through telephone, email, SMS, or any other electronic means of communication for the purpose of:

    • Obtaining feedback in relation to Website or Treatopedia’s services; and/or
    • Obtaining feedback in relation to any Doctors/Hospitals/Laboratories listed on the Website; and/or
    • Resolving any complaints, information, or queries by Doctors/Hospitals/Laboratories regarding your Critical Content;
    • And you agree to provide your fullest co-operation further to such communication by Treatopedia. Treatopedia’s Feedback Collection and Fraud Detection Policy, is annexed as the Schedule hereto, and remains subject always to these Terms.
  • 3.8 RECORDS

    Treatopedia may provide End-Users with a free facility known as ‘Records’ on its mobile application ‘Treatopedia’. Information available in your Records is of two types:

    • User-created: Information uploaded by you or information generated during your interaction with Treatopedia ecosystem, eg: appointment, medicine order placed by you.
    • Practice-created: Health Records generated by your interaction with a Doctors/Hospitals/Laboratories who uses ‘Treatopedia Ray’ or other Services of Treatopedia software.
    • The specific terms relating to such Health Account are as below, without prejudice to the rest of these Terms and the Privacy Policy:
      • 3.8.1 Your Records is only created after you have signed up and explicitly accepted these Terms.
      • 3.8.2 Any Practice created Health Record is provided on an as-is basis at the sole intent, risk and responsibility of the Doctors/Hospitals/Laboratories and Treatopedia does not validate the said information and makes no representation in connection therewith. You should contact the relevant Doctors/Hospitals/Laboratories in case you wish to point out any discrepancies or add, delete, or modify the Health Record in any manner.
      • 3.8.3 The Health Records are provided on an as-is basis. While we strive to maintain the highest levels of service availability, Treatopedia is not liable for any interruption that may be caused to your access of the Services.
      • 3.8.4 The reminder provided by the Records is only a supplementary way of reminding you to perform your activities as prescribed by Doctors/Hospitals/Laboratories. In the event of any medicine reminders provided by Treatopedia, you should refer to your prescription before taking any medicine. Treatopedia is not liable if for any reason reminders are not delivered to you or are delivered late or delivered incorrectly, despite its best efforts. In case you do not wish to receive the reminders, you can switch it off through the Treatopedia app.
      • 3.8.5 It is your responsibility to keep your correct mobile number and email ID updated in the Records. The Health Records will be sent to the Records associated with this mobile number and/or email ID. Every time you change any contact information (mobile or email), we will send a confirmation. Treatopedia is not responsible for any loss or inconvenience caused due to your failure in updating the contact details with Treatopedia.
      • 3.8.6 Treatopedia uses industry–level security and encryption to your Health Records. However, Treatopedia does not guarantee to prevent unauthorized access if you lose your login credentials or they are otherwise compromised. In the event you are aware of any unauthorized use or access, you shall immediately inform Treatopedia of such unauthorized use or access. Please safeguard your login credentials and report any actual suspected breach of account to [email protected].
      • 3.8.7 If you access your dependents’ Health Records by registering your dependents with your own Records, you are deemed to be responsible for the Health Records of your dependents and all obligations that your dependents would have had, had they maintained their own separate individual Records. You agree that it shall be your sole responsibility to obtain prior consent of your dependent and shall have right to share, upload and publish any sensitive personal information of your dependent. Treatopedia assumes no responsibility for any claim, dispute or liability arising in this regard, and you shall indemnify Treatopedia and its officers against any such claim or liability arising out of unauthorized use of such information.
      • 3.8.8 In case you want to delete your Records, you can do so by contacting our service support team. However only your account and any associated Health Records will be deleted, and your Health Records stored by Doctors/Hospitals/Laboratories will continue to be stored in their respective accounts.
      • 3.8.9 You may lose your “User created” record, if the data is not synced with the server.
      • 3.8.10 If the Health Record is unassessed for a stipulated time, you may not be able to access your Health Records due to security reasons.
      • 3.8.11 Treatopedia is not liable if for any reason, Health Records are not delivered to you or are delivered late despite its best efforts.
      • 3.8.12 The Health Records are shared with the phone numbers that are provided by Doctors/Hospitals/Laboratories. Treatopedia is not responsible for adding the Heath Records with incorrect numbers if those incorrect numbers are provided by the Doctors/Hospitals/Laboratories.
      • 3.8.13 Treatopedia is not responsible or liable for any content, fact, Health Records, medical deduction or the language used in your Health Records whatsoever. Doctors/Hospitals/Laboratories is solely responsible and liable for your Health Records and any information provided to us including but not limited to the content in them.
      • 3.8.14 Treatopedia has the ability in its sole discretion to retract Health Records without any prior notice if they are found to be shared incorrectly or inadvertently.
      • 3.8.15 Treatopedia will follow the law of land in case of any constitutional court or jurisdiction mandates to share the Health Records for any reason.
      • 3.8.16 You agree and acknowledge that Treatopedia may need to access the Health Record for cases such as any technical or operational issue of the End User in access or ownership of the Records.
      • 3.8.17 You acknowledge that the Doctors/Hospitals/Laboratories you are visiting may engage Treatopedia's software or third party software for the purposes of the functioning of their business and Treatopedia's services including but not limited to the usage and for storage of Records (as defined in Section 3.10) in India and outside India, in accordance with the applicable laws.
      • 3.8.18 To the extent that your Records have been shared with Treatopedia or stored on any of the Treatopedia products used by Doctors/Hospitals/Laboratories you are visiting, and may in the past have visited, You hereby agree to the storage of your Records by Treatopedia pertaining to such previously visited clinics, hospitals, laboratories or diagnostic centers who have tie ups with Treatopedia for the purposes of their business and for Treatopedia's services including but not limited to the usage and for storage of Records (as defined in Section 3.8) in India and outside India, in accordance with the applicable laws and further agree, upon creation of your account with Treatopedia, to the mapping of such Records as may be available in Treatopedia’s database to your User account.

4. TERMS OF USE DOCTORS/HOSPITALS/LABORATORIES

The terms in this Clause 4 are applicable to Doctors/Hospitals/Laboratories.

  • 4.1 LISTING POLICY
    • 4.1.1 Treatopedia, directly and indirectly, collects information regarding the Doctors/Hospitals/Laboratories profiles, contact details. Treatopedia reserves the right to take down any Doctors/Hospitals/Laboratories profile as well as the right to display the profile of the Doctors/Hospitals/Laboratories, with or without notice to the concerned Doctors/Hospitals/Laboratories. This information is collected for the purpose of facilitating interaction with the End-Users and other Users. If any information displayed on the Website in connection with you and your profile is found to be incorrect, you are required to inform Treatopedia immediately to enable Treatopedia to make the necessary amendments.
    • 4.1.2 Treatopedia shall not be liable and responsible for the ranking of the Doctors/Hospitals/Laboratories on external websites and search engines
    • 4.1.3 Treatopedia shall not be responsible or liable in any manner to the Users for any losses, damage, injuries or expenses incurred by the Users as a result of any disclosures or publications made by Treatopedia, where the User has expressly or implicitly consented to the making of disclosures or publications by Treatopedia. If the User had revoked such consent under the terms of the Privacy Policy, then Treatopedia shall not be responsible or liable in any manner to the User for any losses, damage, injuries or expenses incurred by the User as a result of any disclosures made by Treatopedia prior to its actual receipt of such revocation.
    • 4.1.4 Treatopedia reserves the right to moderate the suggestions made by the Doctors/Hospitals/Laboratories through feedback and the right to remove any abusive or inappropriate or promotional content added on the Website. However, Treatopedia shall not be liable if any inactive, inaccurate, fraudulent, or non- existent profiles of Doctors/Hospitals/Laboratories are added to the Website.
    • 4.1.5 Doctors/Hospitals/Laboratories explicitly agree that Treatopedia reserves the right to publish the Content provided by Doctors/Hospitals/Laboratories to a third party including content platforms.
    • 4.1.6 When you are listed on Treatopedia.com, End-Users may see a ‘Video Consultation option. When End-Users choose this option, they choose to make a video call to a number through a free telephony service provided by Treatopedia, and the records of such video calls are recorded and stored in Treatopedia’s servers. Such records are dealt with only in accordance with the terms of the Privacy Policy. Such video call facility provided to End-Users and to you by Treatopedia should be used only for appointments, booking purposes and consultation on health-related issues. Treatopedia accepts no liability if the video call facility is not used in accordance with the foregoing.
    • 4.1.7 You as Doctors/Hospitals/Laboratories hereby represent and warrant that you will use the Services in accordance with applicable law. Any contravention of applicable law as a result of your use of these Services is your sole responsibility, and Treatopedia accepts no liability for the same.
  • 4.2 PROFILE OWNERSHIP AND EDITING RIGHTS

    Treatopedia ensures easy access to the Doctors/Hospitals/Laboratories by providing a tool to update their profile information. Treatopedia reserves the right of ownership of all the Doctors/Hospitals/Laboratories profile and photographs and to moderate the changes or updates requested by Doctors/Hospitals/Laboratories. However, Treatopedia takes the independent decision whether to publish or reject the requests submitted for the respective changes or updates. You hereby represent and warrant that you are fully entitled under law to upload all content uploaded by you as part of your profile or otherwise while using Treatopedia’s services, and that no such content breaches any third party rights, including intellectual property rights. Upon becoming aware of a breach of the foregoing representation, Treatopedia may modify or delete parts of your profile information at its sole discretion with or without notice to you.

  • 4.3 REVIEWS AND FEEDBACK DISPLAY RIGHTS OF TREATOPEDIA
    • 4.3.1 All Critical Content is content created by the Users of www.Treatopedia.com (“Website”) and the clients of Treatopedia customers, Doctors, Hospitals and Laboratories, including the End-Users. As a platform, Treatopedia does not take responsibility for Critical Content and its role with respect to Critical Content is restricted to that of an ‘intermediary’ under the Information Technology Act, 2000. The role of Treatopedia and other legal rights and obligations relating to the Critical Content are further detailed in Clauses 3.9 and 5 of these Terms. Treatopedia’s Feedback Collection and Fraud Detection Policy, is annexed as the Schedule hereto, and remains subject always to these Terms.
    • 4.3.2 Treatopedia reserves the right to collect feedback and Critical Content for all the Doctors, Hospitals, Laboratories and Healthcare Providers listed on the Website.
    • 4.3.3 Treatopedia shall have no obligation to pre-screen, review, flag, filter, modify, refuse or remove any or all Critical Content from any Service, except as required by applicable law.
    • 4.3.4 You understand that by using the Services you may be exposed to Critical Content or other content that you may find offensive or objectionable. Treatopedia shall not be liable for any effect on Practitioner’s business due to Critical Content of a negative nature. In these respects, you may use the Service at your own risk. Treatopedia however, as an ‘intermediary, takes steps as required to comply with applicable law as regards the publication of Critical Content. The legal rights and obligations with respect to Critical Content and any other information sought to be published by Users are further detailed in Clauses 3.9 and 5 of these Terms.
    • 4.3.5 Treatopedia will take down information under standards consistent with applicable law, and shall in no circumstances be liable or responsible for Critical Content, which has been created by the Users. The principles set out in relation to third party content in the terms of Service for the Website shall be applicable mutatis mutandis in relation to Critical Content posted on the Website.
    • 4.3.6 If Treatopedia determines that you have provided inaccurate information or enabled fraudulent feedback, Treatopedia reserves the right to immediately suspend any of your accounts with Treatopedia and makes such declaration on the website alongside your name/your clinics name as determined by Treatopedia for the protection of its business and in the interests of Users.
  • 4.4 RELEVANCE ALGORITHM

    Treatopedia has designed the relevance algorithm in the best interest of the End-User and may adjust the relevance algorithm from time to time to improve the quality of the results given to the patients. It is a pure merit driven, proprietary algorithm which cannot be altered for specific Doctors, Hospitals or Laboratories. Treatopedia shall not be liable for any effect on the Doctors, Hospitals or Laboratories business interests due to the change in the Relevance Algorithm.

  • 4.5 INDEPENDENT SERVICES

    Your use of each Service confers upon you only the rights and obligations relating to such Service, and not to any other service that may be provided by Treatopedia.

  • 4.6 TREATOPEDIA REACH RIGHTS

    Treatopedia reserves the rights to display sponsored ads on the Website. These ads would be marked as “Sponsored ads”. Without prejudice to the status of other content, Treatopedia will not be liable for the accuracy of information or the claims made in the Sponsored ads. Treatopedia does not encourage the Users to visit the Sponsored ads page or to avail any services from them. Treatopedia will not be liable for the services of the providers of the Sponsored ads.

    You represent and warrant that you will use these Services in accordance with applicable law. Any contravention of applicable law as a result of your use of these Services is your sole responsibility, and Treatopedia accepts no liability for the same.

  • 4.7 TREATOPEDIA VIDEO CONSULT
    • 4.7.1 Treatopedia Video Consult enables Doctors, Hospitals or Laboratories to connect with the Users by responding to the health related queries posted by them on their Health Accounts using the special software application provided to Doctors, Hospitals or Laboratories by Treatopedia.
    • 4.7.2 The User may post two types of queries on their Health Accounts (i) public query, which is sent through Treatopedia Video Consult to multiple Doctors, Hospitals or Laboratories and enables the chosen Doctors, Hospitals or Laboratories to respond to the query posted; and (ii) private query, which will be only sent to the Doctors, Hospitals or Laboratories that the User has chosen.
    • 4.7.3 The public queries posted by the Users are sent to multiple Doctors, Hospitals or Laboratories through a fully automated system installed in the Treatopedia App. The automated system chooses Doctors, Hospitals or Laboratories based on inter alia the information furnished by each Doctors, Hospitals or Laboratories, the number of questions answered by the Doctors, Hospitals or Laboratories and the rating or reviews procured by the Doctors, Hospitals or Laboratories. Treatopedia does not guarantee in any manner that any query will be directed to a particular Practitioner and will not be responsible for the Practitioners chosen to respond to the queries.
    • 4.7.4 Doctors, Hospitals or Laboratories agree that, when providing any written response to a User’s query that constitutes a performance of their services, the Doctors, Hospitals or Laboratories shall not post language that may be considered abusive, objectionable or demeaning to the User or in general.
    • 4.7.5 In the event, the Doctors, Hospitals or Laboratories indicates as part of his response the pre-consultation fee payable for the advice solicited through the private query, Treatopedia shall provide the User an option to directly remit the amount to the Doctors, Hospitals or Laboratories through the Health Account and subsequently deduct a portion from the amount paid as its fee for the performance of the services.
    • 4.7.6 Treatopedia shall remit the fees to the Doctors, Hospitals or Laboratories in accordance with the terms agreed between the Doctors, Hospitals or Laboratories and Treatopedia in the Software License and Services Agreement executed between them.
    • 4.7.7 Treatopedia reserves the right to revise the fee terms at any time at their discretion. The Doctors, Hospitals or Laboratories continued use of the services and Treatopedia App shall constitute his/her consent to such revision.
    • 4.7.8 Doctors, Hospitals or Laboratories hereby agrees that it shall use Treatopedia App for the purpose specified in these Terms of Use and shall not use Treatopedia App for any unauthorized and unlawful purpose, including impersonating another person.
    • 4.7.9 Doctors, Hospitals or Laboratories hereby represents and warrants that they
      • Are qualified to provide medical services within the territory of India;
      • They have obtained all licenses as required by law to provide medical services and have not committed any act or omission that might prejudice its continuance or renewal; and
      • They have provided Treatopedia true, accurate, complete and up to date details about their qualification and credentials.
    • 4.7.10 Doctors, Hospitals or Laboratories agrees that they shall at all times abide by the applicable medical regulations including the code of
    • 4.7.11 Practitioners shall promptly renew their licenses required to provide medical services and notify Treatopedia about the same.
    • 4.7.12 Treatopedia reserves the right to terminate any account of the Doctors, Hospitals or Laboratories in case:
      • The Doctors, Hospitals or Laboratories breaches any terms and conditions of this terms of use or privacy policy or applicable laws;
      • Treatopedia is unable to verify or authenticate any information provided to it by Doctors, Hospitals or Laboratories ; or
      • Treatopedia in its sole and absolute discretion believes that actions of the Doctors, Hospitals or Laboratories may cause legal liability for Treatopedia or other Users and / or may adversely affect the services rendered by Treatopedia.
    • 4.7.13 Doctors, Hospitals or Laboratories hereby agrees that, for any User that contacts the Doctors, Hospitals or Laboratories using Treatopedia App or website, only they shall be allowed to perform the services for the User and that the Doctors, Hospitals or Laboratories may under no circumstances be permitted to transfer the performance of their Services to any other person, whether under their supervision or not. The Doctors, Hospitals or Laboratories accepts all responsibility and liability for the use of Treatopedia App, including the performance of its services, by any other party claiming to be the Doctors, Hospitals or Laboratories and hereby agrees to indemnify Treatopedia against any claim or loss that may be faced by Treatopedia consequent to such use.
    • 4.7.14 Doctors, Hospitals or Laboratories hereby agrees to hold in strictest confidence all information provided by a User to themselves under all circumstances. Doctors, Hospitals or Laboratories agrees that they shall not disclose any information or documentation provided by a User to any other person, nor shall he/she allow, by act or omission, such information or documentation to be acquired by any other person.
    • 4.7.15 Doctors, Hospitals or Laboratories agrees to render their services and fulfill their obligations towards their patients using their best efforts, skill and ability.
    • 4.7.16 Doctors, Hospitals or Laboratories agrees and understands that some or all of their services may be made available to the general public through the Treatopedia App or otherwise by the Company and that they have no objection to the same.
    • 4.7.17 Doctors, Hospitals or Laboratories hereby agrees to assign to Treatopedia in perpetuity all intellectual property rights residing in the responses provided by them for use by Treatopedia worldwide.
    • 4.7.18 Doctors, Hospitals or Laboratories hereby agree not to seek the contact details of any User or to contact any User except through Treatopedia App.
    • 4.7.19 Any communication sent by or through Treatopedia to the Doctors, Hospitals or Laboratories is based solely on information uploaded by the Users. Treatopedia shall not be responsible for the incompleteness or inaccuracy such information, including if as a result of such inaccuracy, a communication is sent to an unintended recipient.
    • 4.7.20 Doctors, Hospitals or Laboratories shall be liable to indemnify and hold Treatopedia harmless from and against all actions, claims, damages, losses and expenses, including court costs and reasonable attorneys’ fees, arising out of or resulting from any breach, default, contravention, non-observance, non-performance, improper performance of any of its obligations or the terms, conditions, covenants and provisions contained in this Terms of Use.
  • 4.8 TREATOPEDIA HEALTH FEED
    • 4.8.1 Treatopedia health feed is an online content platform available on the website, wherein Doctors, Hospitals or Laboratories who have a Treatopedia profile and Users who have a health account can login and post health and wellness related content.
    • 4.8.2 Doctors, Hospitals or Laboratories can use health feed by logging in from their profile, creating original content comprising text, audio, video, images data or any combination of the same (“as defined in Clause 3.7.2”), and uploading said Content to Treatopedia’s servers. The Doctors, Hospitals or Laboratories can upload their own images or choose an image from the gallery that Treatopedia provides. Treatopedia shall post such Content to Treatopedia health feed at its own option and subject to these Terms and Conditions. The Content uploaded via Treatopedia health feed does not constitute medical advice and may not be construed as such by any person.
    • 4.8.3 The Doctors, Hospitals or Laboratories acknowledges that they are the original authors and creators of any Content or comments uploaded by them via Treatopedia health feed and that no Content or comment uploaded by them would constitute infringement of the intellectual property rights of any other person. Treatopedia reserves the right to remove any Content or comment which it may determine at its own discretion as violating the intellectual property rights of any other person. The Doctors, Hospitals or Laboratories agrees to absolve Treatopedia from and indemnify Treatopedia against all claims that may arise as a result of any third party intellectual property right claim that may arise from the Doctors, Hospitals or Laboratories uploading of any Content on Treatopedia health feed. The Doctors, Hospitals or Laboratories also agrees to absolve Treatopedia from and indemnify Treatopedia against all claims that may arise as a result of any third party intellectual property claim if the Doctors, Hospitals or Laboratories downloads an image from Treatopedia’s gallery and utilize it for their personal or commercial gain.
    • 4.8.4 The Doctors, Hospitals or Laboratories hereby assigns to Treatopedia, in perpetuity and worldwide, all intellectual property rights in any Content or comment created by the Doctors, Hospitals or Laboratories and uploaded by the Doctors, Hospitals or Laboratories via Treatopedia health feed.
    • 4.8.5 Treatopedia shall have the right to edit or remove the Content and any comments in such manner as it may deem fit at any time.
    • 4.8.6 The Doctors, Hospitals or Laboratories may also use Treatopedia health feed in order to view original content created by Users or other Health Care Providers and also create and upload comments on such Content including their own content where allowed.
    • 4.8.7 Doctors, Hospitals or Laboratories acknowledges that the content on Treatopedia health feed reflects the views and opinions of the authors of such content and does not necessarily reflect Treatopedia’s views.
    • 4.8.8 Doctors, Hospitals or Laboratories agree not to post any comments or upload any Content which are defamatory, obscene, objectionable or in nature and Treatopedia reserves the right to remove any comments which it may determine at its own discretion to violate these Terms and Conditions or be violative of any law or statute in force at the time. The Doctors, Hospitals or Laboratories agrees to absolve Treatopedia from and indemnify Treatopedia against all claims that may arise as a result of any legal claim arising from the nature of the Content or the comments posted by the Doctors, Hospitals or Laboratories on Treatopedia health feed.
  • 4.9 TREATOPEDIA MEDICINE INFORMATION
    • 4.9.1 Price of the medicine might change at the time of delivery based on the latest MRP of available stock given by the manufacturer
    • 4.9.2 Delivery of medicine is subject to availablity of stock at the time of placing order
  • 4.10 BOOK APPOINTMENT AND VIDEO CALL FACILITY
    • 4.10.1 As a valuable partner on our platform we want to ensure that the Doctors, Hospitals or Laboratories experience on the Treatopedia booking platform is beneficial to all, Doctors, Hospitals or Laboratories and their Users. For all terms and conditions of Book facility on Treatopedia profile check Book Standards.
    • 4.10.2 Doctors, Hospitals or Laboratories understands that, Treatopedia shall not be liable, under any event, for any comments or feedback given by any of the Users in relation to the Services provided by Doctors, Hospitals or Laboratories. The option of publishing or modifying or moderating or masking (where required by law or norm etc.) the feedback provided by Users shall be solely at the discretion of Treatopedia.
  • 4.11 TREATOPEDIA CASH & TREATOPEDIA WALLET
    • 4.11.1 Treatopedia Cash is an e-cash credited in user's account against a coupon code or offer applied at the time of checkout using the Website or Mobile App.
    • 4.11.2 The amount of Treatopedia Cash, or e-cash is calculated based on the total order value purchased during the promotion using a coupon code.
    • 4.11.3 Treatopedia Cash, or e-cash can be utilised partially in subsequent orders against 10% of the order value or Rs. 50, whichever is lower
    • 4.11.4 In case of refund of an order, only the amount actually paid (not including Treatopedia Cash redeem in that order) will be partially or fully refunded. Treatopedia Cash once consumed while placing the order under no circumstances will be refunded back in the user's account.
    • 4.11.5 Treatopedia Cash gained by applying coupon code or offer code has an expiry of 2 months from the date and time of placing the order. If unused for 2 months after Treatopedia Cash has been credited in a user's Treatopedia account, will get automatically expire and will not be refunded back.

5. RIGHTS AND OBLIGATIONS RELATING TO CONTENT

  • 5.1 As mandated by Regulation 3(2) of the IG Rules, Treatopedia hereby informs Users that they are not permitted to host, display, upload, modify, publish, transmit, update or share any information that:

    • belongs to another person and to which the User does not have any right to;
    • 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;
    • impersonate 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;
    • threatens the unity, integrity, defence, security or sovereignty of India, 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.
  • 5.2 Users are also prohibited from:

    • Violating or attempting to violate the integrity or security of the Website or any Treatopedia Content;
    • Transmitting any information (including job posts, messages and hyperlinks) on or through the Website that is disruptive or competitive to the provision of Services by Treatopedia;
    • Intentionally submitting on the Website any incomplete, false or inaccurate information;
    • Making any unsolicited communications to other Users;
    • Using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website;
    • Attempting to decipher, decompile, disassemble or reverse engineer any part of the Website;
    • Copying or duplicating in any manner any of the Treatopedia Content or other information available from the Website;
    • Framing or hot linking or deep linking any Treatopedia Content.
    • Circumventing or disabling any digital rights management, usage rules, or other security features of the Software.
  • 5.3 Treatopedia, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information as mentioned above, shall be entitled to disable such information that is in contravention of Clauses 5.1 and 5.2. Treatopedia shall also be entitled to preserve such information and associated records for at least 90 (ninety) days for production to governmental authorities for investigation purposes.
  • 5.4 In case of non-compliance with any applicable laws, rules or regulations, or the Agreement (including the Privacy Policy) by a User, Treatopedia has the right to immediately terminate the access or usage rights of the User to the Website and Services and to remove non-compliant information from the Website.
  • 5.5 Treatopedia may disclose or transfer User-generated information to its affiliates or governmental authorities in such manner as permitted or required by applicable law, and you hereby consent to such transfer. The SPI Rules only permit Treatopedia to transfer sensitive personal data or information including any information, to any other body corporate or a person in India, or located in any other country, that ensures the same level of data protection that is adhered to by Treatopedia as provided for under the SPI Rules, only if such transfer is necessary for the performance of the lawful contract between Treatopedia or any person on its behalf and the User or where the User has consented to data transfer.

    Treatopedia respects the intellectual property rights of others and we do not hold any responsibility for any violations of any intellectual property rights

6. TERMINATION

  • 6.1 Treatopedia reserves the right to suspend or terminate a User’s access to the Website and the Services with or without notice and to exercise any other remedy available under law, in cases where,
    • Such User breaches any terms and conditions of the Agreement;
    • A third party reports violation of any of its right as a result of your use of the Services;
    • Treatopedia is unable to verify or authenticate any information provide to Treatopedia by a User;
    • Treatopedia has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User; or
    • Treatopedia believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for Treatopedia or are contrary to the interests of the Website.
  • 6.2 Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Website under the same account, a different account or re-register under a new account. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages, files and other material kept on the Website by such User. The User shall ensure that he/she/it has continuous backup of any medical services the User has rendered in order to comply with the User’s record keeping process and practices.

7. LIMITATION OF LIABILITY

In no event, including but not limited to negligence, shall Treatopedia, or any of its directors, officers, employees, agents or content or service providers (collectively, the “Protected Entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Website or the content, materials and functions related thereto, the Services, User’s provision of information via the Website, lost business or lost End-Users, even if such Protected Entity has been advised of the possibility of such damages. In no event shall the Protected Entities be liable for:

  • Provision of or failure to provide all or any service by Doctors, Hospitals or Laboratories to End- Users contacted or managed through the Website;
  • Any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Website;
  • Any unauthorized access to or alteration of your transmissions or data; or
  • iv. any other matter relating to the Website or the Service.

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 this Agreement or a User’s use of the Website or the Services exceed, in the aggregate Rs. 1000/- (Rupees One Thousand Only).

8. RETENTION AND REMOVAL

Treatopedia may retain such information collected from Users from its Website or Services for as long as necessary, depending on the type of information; purpose, means and modes of usage of such information; and according to the SPI Rules. Computer web server logs may be preserved as long as administratively necessary.

9. APPLICABLE LAW AND DISPUTE SETTLEMENT

  • 9.1 You agree that this Agreement and any contractual obligation between Treatopedia and User will be governed by the laws of India.
  • 9.2 Any dispute, claim or controversy arising out of or relating to this Agreement, including the determination of the scope or applicability of this Agreement to arbitrate, or your use of the Website or the Services or information to which it gives access, shall be determined by arbitration in India, before a sole arbitrator appointed by Treatopedia. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be Delhi. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the parties to the dispute.
  • 9.3 Subject to the above Clause 9.2, the courts at Delhi shall have exclusive jurisdiction over any disputes arising out of or in relation to this Agreement, your use of the Website or the Services or the information to which it gives access.

10. CONTACT INFORMATION GRIEVANCE OFFICER

  • 10.1 If a User has any questions concerning Treatopedia, the Website, this Agreement, the Services, or anything related to any of the foregoing, Treatopedia customer support can be reached at the following email address: [email protected] or via the contact information available from the following hyperlink: www.treatopedia.com/contact-us/.
  • 10.2 In accordance with the Information Technology Act, 2000, and the rules made there under, if you have any grievance with respect to the Website or the service, including any discrepancies and grievances with respect to processing of information, you can contact our Grievance Officer at: Name: Dr. P. C. Gupta Designation: Head – Customer Experience Address: UGF-5, Ocean Plaza, P-5, Sector-18, Noida, Uttar Pradesh, India-201301 Email: [email protected] Telephone: +911204561085 (Ask to be connected to the Grievance Officer) In the event you suffer as a result of access or usage of our Website by any person in violation of Rule 3 of the IG Rules, please address your grievance to the above person.

11. SEVERABILITY

If any provision of the 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 this 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.

12. WAIVER

No provision of this Agreement shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by Treatopedia. Any consent by Treatopedia to, or a waiver by Treatopedia of any breach by you, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

YOU HAVE READ THESE TERMS OF USE AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE

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