Website Terms of Use
This Website Terms of Use ("user agreement") incorporates the terms and conditions for Healthtek Solutions and its affiliate Companies ("Healthtek") to provide IT & ITES solutions, including for the hospital & medical services industry, to the person (s) ("the User") intending to inquire or avail medical & healthcare services from healthcare institutions, hospitals, clinics or labs by using Healthtek's website.
Both User and Healthtek are individually referred as 'party' to the agreement and collective referred to as 'parties'.
1. User Obligation:
1.1. The Users availing services from Healthtek’s website shall be deemed to have read, understood and expressly accepted the terms and conditions of this agreement, which shall govern the desired transaction or provision of such services by Healthtek for all purposes, and shall be binding on the User. All rights and liabilities of the User and/or Healthtek with respect to any services to be provided by Healthtek shall be restricted to the scope of this agreement.
1.2. Healthtek reserves the right, in its sole discretion, to terminate the access to any or all Healthtek websites and the related services or any portion thereof at any time, without notice, for general maintenance or any reason what so ever.
1.3. The products or services on Healthtek’s website are provided by third parties. The website is merely a platform to assist the User to reach specific healthcare/medical institution (“Service Provider”) via the website, and avail their services directly. Healthtek does not in any manner interfere with the professional services provided by such Service Provider. User warrants that Healthtek will not in any manner be responsible for the services provided by such Service Provider.
1.4. Additionally, the Service Provider itself may provide terms and guidelines that govern particular services, features or the operating rules and policies applicable to each Service. The User shall be responsible for ensuring compliance with the terms and guidelines or operating rules and policies of the Service Provider with whom the User elects to deal, including terms and conditions set forth in a Service Providers' fees/charges, prerequisites, etc.
1.5. Healthtek's Services are offered to the User conditioned on acceptance without modification of all the terms, conditions and notices contained in this Agreement, as may be applicable from time to time. For the removal of doubts, it is clarified that availing of the Services by the User constitutes an acknowledgement and acceptance by the User of this Agreement and the TOS. If the User does not agree with any part of such terms, conditions and notices, the User must not avail Healthtek's Services.
2. Third Party Account Information:
2.1. By using the Account Access service in Healthtek's websites, the User authorizes Healthtek and its agents to access third party sites, including that of Banks and other payment gateways, designated by them or on their behalf for retrieving requested information
2.2. While registering, the User will choose a password and is responsible for maintaining the confidentiality of the password and the account.
2.3. The User is fully responsible for all activities that occur while using their password or account. It is the duty of the User to notify Healthtek immediately in writing of any unauthorized use of their password or account or any other breach of security. Healthtek will not be liable for any loss that may be incurred by the User as a result of unauthorized use of his password or account, either with or without his knowledge. The User shall not use anyone else's password at any time
3.Payments: The User shall be completely responsible for all charges, fees, taxes, and assessments arising out of the use of the services from the Service Providers.
4. Confidentiality: All the information which is specifically mentioned by Healthtek as Confidential shall be maintained confidentially by the user and shall not be disclosed unless as required by law or to serve the purpose of this agreement and the obligations of both the parties therein.
5.Communication to mobile number of the User: Healthtek may send booking/request confirmation, booking/appointment information, payment confirmation, schedule change or any such other information relevant for the transaction, via SMS or by voice call on the contact number given by the User at the time of booking; Healthtek may also contact the User by voice call, SMS or email in case the User couldn’t or hasn’t concluded the booking, for any reason what so ever, to know the preference of the User for concluding the booking and also to help the User for the same. The User hereby unconditionally consents that such communications via SMS and/ or voice call by Healthtek is
(a) upon the request and authorization of the User,
(b) ‘transactional’ and not an ‘unsolicited commercial communication’ as per the guidelines of Telecom Regulation Authority of India (TRAI) and
(c) in compliance with the relevant guidelines of TRAI or such other authority in India and abroad. The User will indemnify Healthtek against all types of losses and damages incurred by Healthtek due to any action taken by TRAI, Access Providers (as per TRAI regulations) or any other authority due to any erroneous compliant raised by the User on Healthtek with respect to the intimations mentioned above or due to a wrong number or email id being provided by the User for any reason whatsoever.
6.Responsibility of the User:
6.1. User acknowledges that Healthtek is merely a platform to assist the User to reach specific Service Provider via the website, and avail their services directly. Healthtek does not in any manner interfere with the professional services provided by such Service Provider. User warrants that Healthtek will not in any manner be responsible for the services provided by such Service Provider.
6.2. Healthtek will not be responsible for screening, censoring or otherwise controlling transactions.
6.3. The User warrants that they will abide by all such additional procedures and guidelines, as modified from time to time, in connection with the use of the services. The User further warrants that they will comply with all applicable laws and regulations regarding use of the services with respect to the jurisdiction concerned for each transaction.
6.4. The User represents and confirm that the User is of legal age to enter into a binding contract and is not a person barred from availing the Services under the laws of India or other applicable law.
7.Cancellation Policy: The User agrees that the booking/appointment made are subject to the cancellation policy set out on the booking page or as communicated to the User by the Service Provider.
8.Force Majure:
8.1. User agrees that there can be exceptional circumstances where the service provider may be unable to honor the confirmed bookings/appointment due to various reasons like exigencies, operational and technical issues, non-availability of prefessaional, etc. If Healthtek is informed in advance of such situations where dishonor of bookings may happen, it will make its best efforts to provide similar alternative to its customers or refund the booking amount, if supported and refunded by that respective service provider. The user agrees that Healthtek being just a facilitator of the booking services shall not be responsible for any such circumstances and the customers have to contact that service provider directly for any further resolutions and refunds.
8.2. In no event shall Healthtek be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data, arising out of or in any way connected with the use or performance of the Healthtek website(s). Neither shall Healthtek be responsible for the delay or inability to use the Healthtek websites or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Healthtek website(s), or otherwise arising out of the use of the Healthtek website(s).
8.3. Healthtek is not responsible for any errors, omissions or representations on any of its pages or on any links or on any of the linked website pages.
9.Use of the Data: The User understands and agrees that any material and/or data downloaded or otherwise obtained through the use of the Service is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data.
Nevertheless, Healthtek will always make its best endeavors to ensure that the content on its websites or other information channels are free of any virus or such other malwares.
10.Feedback From Customer: User hereby specifically authorizes Healthtek to contact the User with offers on various services offered by it through direct mailers, e-mailers, telephone calls, short messaging services (SMS) or any other medium, from time to time. In case that the customer chooses not to be contacted, he /she shall write to Healthtek for specific exclusion or provide his / her preferences to the respective service provider. The customers are advised to read and understand the privacy policy of Healthtek on its website in accordance of which Healthtek contacts, solicits the user or shares the user's information.
11.Personal And Non-Commercial Use Limitation: Unless otherwise specified, the Healthtek services are for the User's personal use. The User may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Healthtek website(s) without the express written approval from Healthtek.
12.Indemnification: The User agrees to indemnify, defend and hold harmless Healthtek and/or its affiliates, their websites and their respective lawful successors and assigns from and against any and all losses, liabilities, claims, damages, costs and expenses (including reasonable legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Healthtek and/or its affiliates, partner websites and their respective lawful successors and assigns that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by the User pursuant to this agreement.
The user shall be solely and exclusively liable for any breach of any country specific rules and regulations or general code of conduct and Healthtek cannot be held responsible for the same.
13.Right To Refuse
13.1. Healthtek at its sole discretion reserves the right to not to accept any customer order without assigning any reason thereof. Any contract to provide any service is not complete until full money towards the service is received from the customer and accepted by the service provider.
13.2. Without prejudice to the other remedies available to Healthtek under this agreement or under applicable law, Healthtek may limit the user's activity, immediately temporarily/indefinitely suspend or terminate the user's registration, and/or refuse to provide the user with access to the website if:
•The user is in breach of this agreement;
•Healthtek is unable to verify or authenticate any information provided by the user.
13.3. Healthtek may at any time in its sole discretion reinstate suspended users. Once the user have been indefinitely suspended the user shall not register or attempt to register with Healthtek or use the website in any manner whatsoever until such time that the user is reinstated by Healthtek.
14.Right To Cancellation In Case Of Invalid Infromation:
14.1. The User expressly undertakes to provide to Healthtek only correct and valid information while requesting for any services under this agreement, and not to make any misrepresentation of facts at all. Any default on part of the User would vitiate this agreement and shall disentitle the User from availing the services from service provider.
14.2. In case Healthtek discovers or has reasons to believe at any time during or after receiving a request for services from the User that the request for services is either unauthorized or the information provided by the User or any of them is not correct or that any fact has been misrepresented by him, Healthtek in its sole discretion shall have the unrestricted right to take any steps against the User(s), including cancellation of the bookings/appointment, etc. without any prior intimation to the User. In such an event, Healthtek shall not be responsible or liable for any loss or damage that may be caused to the User or any of them as a consequence of such cancellation of booking or services.
14.3. The User unequivocally indemnifies Healthtek of any such claim or liability and shall not hold Healthtek responsible for any loss or damage arising out of measures taken by Healthtek for safeguarding its own interest and that of its genuine customers. This would also include Healthtek denying/cancelling any bookings on account of suspected fraud transactions.
15.Interpretation: The terms and conditions herein shall apply equally to both the singular and plural form of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine, feminine and neuter form. The words "include", "includes" and "including" shall be deemed to be followed by the phrase "without limitation". Unless the context otherwise requires, the terms "herein", "hereof", "hereto", 'hereunder" and words of similar import refer to this agreement as a whole.
16.Severability: If any provision of this agreement is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of this Agreement shall continue to be in full force and effect.
17.Headings: The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of this agreement, terms and conditions, notices, or the right to use this website by the User contained herein or any other section or pages of Healthtek Websites or its partner websites or any provision hereof in any manner whatsoever.
In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular Healthtek website, then these terms shall control.
18.Relationship: None of the provisions of any agreement, terms and conditions, notices, or the right to use this website by the User contained herein or any other section or pages of Healthtek Websites or its partner websites, shall be deemed to constitute a partnership between the User and Healthtek and no party shall have any authority to bind or shall be deemed to be the agent of the other in any way.
19.Updation of the information: User acknowledges that Healthtek provides services with reasonable diligence and care. It endeavors its best to ensure that User does not face any inconvenience. However, at some times, the information, software, products, and services included in or available through the Healthtek websites or other sales channels and ad materials may include inaccuracies or typographical errors which will be immediately corrected as soon as Healthtek notices them. Changes are/may be periodically made/added to the information provided such. Healthtek may make improvements and/or changes in the Healthtek websites at any time without any notice to the User. Any advice received except through an authorized representative of Healthtek via the Healthtek websites should not be relied upon for any decisions.
20.Modification of terms of use: Healthtek reserves the right to change the terms, conditions, and notices under which the Healthtek websites are offered, including but not limited to the charges. The User is responsible for regularly reviewing these terms and conditions.
21.Jurisdiction: Healthtek hereby expressly disclaims any implied warranties imputed by the laws of any jurisdiction or country other than those where it is operating its offices. Healthtek considers itself and intends to be subject to the jurisdiction only of the courts of Bangalore , India.
22.Responsibilities of User: The User expressly agrees that use of the services is at their sole risk. To the extent Healthtek acts only as a facilitator on behalf of third party service providers, it shall not have any liability whatsoever for any aspect of the standards of services provided by the service providers. In no circumstances shall Healthtek be liable for the services provided by the service provider. The services are provided on an "as is" and "as available" basis. Healthtek may change the features or functionality of the services at any time, in their sole discretion, without notice. Healthtek expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. No advice or information, whether oral or written, which the User obtains from Healthtek or through the services shall create any warranty not expressly made herein or in the terms and conditions of the services. If the User does not agree with any of the terms above, they are advised not to read the material on any of the Healthtek pages or otherwise use any of the contents, pages, information or any other material provided by Healthtek. The sole and exclusive remedy of the User in case of disagreement, in whole or in part, of the user agreement, is to discontinue using the services after notifying Healthtek in writing.
