This document is an electronic record in terms of Information Technology Act, 2000, and the rules framed there under as applicable, and the amended by the provisions pertaining to electronic records in various statutes. Being a system-generated document, it does not require any physical or digital signatures.

1.      Introductory Information:

Mednexus Management Private Limited (herein after called “Mednexus”) is a company registered under Companies Act, 2013, www.bookhealth.care is an online market place (herein after called “BHC”) and the terms "we," "us," "our," or “Mednexus” shall refer to “BHC” as a trademark of Mednexus Management Private Limited.

 

The terms "you," "your," "User," or "Customer" shall refer to any individual or entity who accepts these Terms and Conditions by registration online upon BHC web portal or/and mobile app.

 

BHC is a technical robust platform which helps to choose doctors, hospitals and allied services like e-visa, air ticket, rail ticket, taxi, hotel (accommodation) and ordering pharmacy according to location, level & budget.

 

Nothing in these Terms and Conditions shall be deemed to confer any third-party rights or benefits, except as specifically referenced. These Terms and Conditions only apply to the Services (as defined below) provided under the BHC online web portal or/and mobile app by either themselves or by their authorized service provider agencies. 

 

2.      Definitions:

            I.              Mednexus means Mednexus Management Private Limited and its portal or/and mobile app i.e. www.bookhealth.care “hereinafter called BHC”

          II.              Customer includes Patient, Client, user or any other legal entity registered on the BHC web portal or/and mobile app i.e. www.bookhealth.care for availing the services mentioned in BHC portal or/and mobile app. “hereinafter called Customer”

         III.              Healthcare Service Professionals includes Doctor, Allied Practitioners i.e. Dieticians, Physiotherapist, Dentist, Nutritionist, Audiologist, Speech Language Pathologist, Occupational Therapist and Optometrist Diagnostic Service Provider, Nursing Home, Hospital, Ambulance Service Provider and AYUSH i.e. Ayurveda, Yoga & Naturopathy, Unani, Siddha & Homoeopathy. “hereinafter called Consultant”

        IV.              Healthcare Services includes Services by Doctors, Allied Practitioners, Dieticians, Physiotherapist, Dentist, Nutritionist, Audiologist, Speech Language Pathologist, Occupational Therapist, Diagnostic Service Provider, Nursing Home, Hospital, Ambulance Service Provider and AYUSH i.e. Ayurveda, Yoga & Naturopathy, Unani, Siddha & Homoeopathy Services. “hereinafter called Healthcare Services”

          V.              Collectively consultants and Healthcare units ”hereinafter called as Healthcare service providers”.

        VI.              Value Added Service Provider includes Tour Operator, Travel Booking Agent, Taxi Services Provider, Accommodation Services Facilitator, Pharmacy Service Provider, Interpretation Services Provider  “herein after called Value Added Service Provider”

       VII.              Value Added Services includes Travel Booking services, Taxi Services, Accommodation Services, Tour Operator Services, Pharmacy and Interpretation Services. “hereinafter called Value Added Services”

     VIII.              Services includes Healthcare Services or/ and Value Added Services. “hereinafter called Services”.

         IX.              Referral Agent includes Agency or/and Aggregator or/and Agent and others who either refer customers or book the healthcare service package on behalf of the customers “hereinafter called Facilitators”.

          X.              Market place is our portal or/and mobile app, where we have listed healthcare service packages as provided by consultants and healthcare units for availment by our Customers as per the terms of conditions of concern service providers “hereinafter called Market Place”.

         XI.              Domestic customer is the customers who books the healthcare service of a healthcare service provider belonging to the same nationality, “hereinafter called as  Domestic Customer”. 

       XII.              International customer is the customers who books the healthcare service of a healthcare service provider belonging to different nationality, “hereinafter called as International Customer”.

 

3.      Services and Product:

Please visit us at www.bookhealth.care to know in detail about our services and products. This website or/and mobile app (hereinafter also called the "Website or/and mobile app") is controlled and managed by Mednexus i.e. www.bookhealth.care from its offices and its affiliates and/or its authorized healthcare service providers, value added service providers and Facilitators which are not limited to the territory of India. These Terms and Conditions (the "Terms and Conditions" or "Agreement") set forth the terms and conditions of your use of this website or/and mobile app and the products and services (individually and collectively, the "Services") found on this website or/and mobile app.

 

Whether you are simply browsing this website or/and mobile app or are a BHC customer, your use of this website or/and mobile app or the Services signifies that you have read, understand, acknowledge, and agree to be bound by these Terms and Conditions, along with the following policies, which are incorporated herein for reference:

·           Disclaimer

·           Privacy Policy

·           Cookies Policy

·           Third-Party Products & Services Policy

Please Note that this is a legally enforceable contract between you and BHC please do not transact with it unless you have read and understood the website or/and mobile app, this document and the documents mentioned in it.

We recommend that you consult a lawyer in case of doubt. You may also have the document translated into your own language, if necessary. If you need any clarification, please let us know and we will Endeavour to help as far as we can. However, any such assistance solicited is not a legal advice, for which, we recommend you get in touch with your lawyer, if the need be.

4.      Eligibility:

The website or/and mobile app and the Services are available only to Users who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use the website or/and mobile app. By using this website or/and mobile app or the Services, you represent and warrant that you are (i) at least eighteen (18) years of age and/or (ii) otherwise recognized as being able to form legally binding contracts under applicable law.

 

BHC reserves the right to terminate your user Account and refuse to provide you with access to this website or/and mobile app if BHC discovers that you are incompetent to contract. If you are agreeing to these Terms and Conditions on behalf of a corporate entity or a third party (the "Entity"), you represent and warrant that you have the legal authority to bind the Entity you represent to these Terms and Conditions, in which case the terms "you," "your," "User," or "Customer" shall refer to the Entity so represented.

 

If, after your agreement to these Terms and Conditions, BHC finds that you do not have the legal authority to bind the Entity, you shall be personally responsible for the obligations contained in these Terms and Conditions, including payment obligations towards BHC, if any.

 

BHC shall not be liable for any loss or damage resulting from BHC reliance on any instruction, notice, document or communication reasonably believed by BHC to be genuine and originating from an authorized representative of the Entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, BHC reserves the right (but undertakes no duty/ responsibility) to require additional authentication.

 

5.      Procedure for Registration:

 As part of the registration process, you will be required to provide certain personal Information, including contact information, such as your full name, surname, postal address, email address, mobile number, fax number or alternatively log in using their Facebook account.

 

Under registration process to verify users account, user will have to submit any government issued id card that may be in form of Aadhar card (if user is Indian citizen), passport, or any other id card issued by state or central government for identity purpose. Id card issued by appropriate authority should not expire.

 

You agree to update your Personal Information promptly as needed to keep it current, complete, and accurate, and to add such additional information as BHC may reasonably require from time to time. You may access your Personal Information to review, modify or update such information through our Portal or/and mobile app once you are registered with us.

 

Our Privacy Policy, incorporated herein by reference and available at www.bookhealth.care sets forth the rights and responsibilities with regard to the usage of Personal Information. You agree that we, in our sole discretion, may modify our Privacy Policy and such revised Privacy Policy will be effective upon posting on our website or/and mobile app.

 

In the event that you provide information about a third party in the course of any registration, you hereby represent and warrant that you have:

I.           provided notice to that third party of the disclosure and use of the party's information, and

II.          Obtained that third party's express consent to the disclosure and use of that party's information as set forth herein.

If there is any unauthorized use of your Accounts, you must inform us immediately. You are required to keep your usernames, passwords, and other sensitive information confidential. We are not responsible for any loss or damage to you or to any third party incurred as a result of any unauthorized access and/or use of your Accounts.

Password Requirements: Any password used with the Services (each a "Password" and collectively the "Passwords") must comply with BHC password requirements. Any Password automatically generated (such as through the initial account set-up or a Password reset) or any non-confirming Password must be updated to a Password that complies with the Password Requirement within ten (10) business days. Failure to follow the Password Requirements may result in the manual update of your password by our IT Team at BHC sole discretion. The Password Requirements are as follows:

            I.              The Passwords must: Be at least 8 characters in length.

The Passwords must NOT:

i.      Have less than 8 characters in length.

ii.     Be a word found in any dictionary (English or foreign)

          II.              Be a word of common usage such as:

i.      Names of family, pets, friends, co-workers, fantasy characters, etc.

ii.     Computer terms, names, commands, sites, companies, etc.

iii.   Birthdays, addresses or phone numbers.

iv.    Be a letter or number patterns like aabb, qwerty, zyxwvu, 12312, etc.

v.     Be any of the above spelled backwards.

vi.    Be any of the above preceded or followed by a digit (e.g.,secret1, 1secret)

You must not share your Password with others. If your account is compromised due to your failure to comply with this Agreement, you will be liable to BHC for any damages resulting from the breach.

You agree that your willful provision of inaccurate or unreliable information, willful failure promptly to update information provided to BHC, failure to use a password complying with this agreement, or failure to respond for more than fifteen (15) calendar days to inquiries concerning the accuracy of contact details associated with any services shall constitute a material breach which may cause for justification for suspension or termination of such services. We require at least 72 (Seventy-Two) hours to process your request for trouble shooting any issue related to the registration process unless in case of force majeure events which are beyond our reasonable control.

6.      Modifications:

BHC reserves the right at all times to discontinue or modify the Terms and Conditions and/or our Privacy Policy, as we deem necessary or desirable without any prior notification.

 

Such changes may include, among other things, the adding of certain fees and charges. Any such modifications would be effective immediately. Any use of the website or/and mobile app after such modifications shall be deemed to constitute acceptance of the modified terms by the End User.

 

7.      Pricing Information:

            I.              While BHC is an online web platform or/and mobile app to provide the services directly by the healthcare service providers, value added service providers therefore the user should check and confirm the pricing information directly from the healthcare service providers, value added service providers and Facilitators.

          II.              BHC may provide this pricing information on its website or/and mobile app but for accuracy of services & pricing information is the responsibility of user. User should confirm pricing information directly from healthcare service providers, value added service provider. In the event of any disputes BHC shall not be responsible for the accuracy of pricing of information and services mentioned in the website or mobile app. 

         III.              BHC charge only service fees on per booking basis for using the portal and mobile app. Once the booking has been done by the customer and is confirmed by the healthcare service provider the service fees will not be refunded irrespective of the cancellation done by healthcare service provider or value added service provider or customer. In-case the booking is rescheduled by the customer or healthcare service provider no additional service fee will be applicable.

        IV.              However, BHC will collect advance payment (partial or full) from the Customers for the services booked by customer as per the instructions of the service provider or value-added service providers and others for booking the services. BHC will ensure that the advance payment thus collected is duly transferred to the service provider or value-added service provider and others as per the understanding between BHC and service provider or value added service provider and others.

          V.              In-case only partial payment as advance is collected from the customer by BHC as per the instructions of the service provider, customer shall be responsible for payment of balance amount and settlement of the final bill with the service provider. BHC will not be responsible for payment of such differential amount.

        VI.              In-case the final bill payable to the service provider by customer is more than what is shown on BHC at the time of booking due to variability in the services rendered by the service provider based on the medical condition of the customer the balance payment and settlement of the final bill between customer and service provider will be responsibility of the customer. BHC will not be responsible for payment of such differential amount.   

       VII.              BHC adopt payment gateway system to accept or make payment, Payment gateway is a system to facilitates the transfer of information between a payment portal (such as a website, mobile phone or interactive voice response service) and the Front End Processor or acquiring bank.

     VIII.              Any financial transaction between Customer, healthcare service provider, value added service provider, Facilitators is subject to their mutual understanding and their responsibility. BHC shall not be responsible or liable for payment made by customers or for the said financial transactions.

 

8.      Credit Card Details/Debit card Details:

You hereby agree, understand and confirm that the credit card/Debit card details provided by you for availing of services on website or/and mobile app will be correct, accurate and current. Under no circumstances, you shall use a credit card/Debit card, which is not lawfully yours. You further agree and undertake to provide the correct and valid credit card/Debit card details to us.

 

The card details will not be utilized and shared by us with any of the partners or third parties unless required for fraud verifications or by law, regulation or court order. We will not be liable for any such credit card/Debit card fraud that is directly attributable to BHC in law. The liability for use of a card fraudulently shall be solely yours and the onus to 'prove it otherwise' shall be exclusively on you. 

 

9.      Fraudulent /Declined Transactions:

In case of fraudulent use of the website, we reserve the right to recover the cost of services, collection charges and legal expenses, including lawyers' fee, from person(s) found to cause such loss. We reserve the right to initiate legal proceedings against such person(s) for fraudulent use of the website or/and mobile app and any other unlawful act(s) or omission(s) in breach of these terms and conditions. 

 

10.   Cancellations by the Customer:

In case we receive a cancellation notice for a confirmed booking of a healthcare service package and the service ordered/booked has not been rendered by the healthcare service provider, we shall cancel the order/booking. In order to process the refund of the advance booking amount paid by the customer at the time of booking, customer needs to send a request email to BHC on info@bookhealth.care. BHC team will assist in further refund process. However, applicable administrative charges will be deducted from the refund amount. In case the services(s) ordered has/have already been carried out by us, the same shall not be cancelled, and no refund will be applicable.  

 

11.   Cancellation by BHC:

Under certain circumstances, it might not be possible for us to accept an order and we may be compelled to cancel the same. We reserve the right to refuse or cancel any order for any reason at our sole discretion. Some situations that may result in your order being cancelled include non-availability of staff to provide services at a particular location, inaccuracies or errors in service order generated or pricing information, or problems identified by our credit and fraud avoidance department.

 

We may also ask for additional verifications or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit card has been charged, the said amount shall be refunded back in your account as per the policy of our Company. The customer agrees not to dispute the decision made by us and accept our decision regarding the cancellation.

 

12.   Website or/and mobile app Information Usage:

            I.              That your use of the services provided by BHC, contracted companies, consultants and its affiliates, for lawful purposes only and comply with all the statutory obligations applicable while using the website or/and mobile app and transacting on the website or/and mobile app. 

          II.              You will provide true, accurate, complete and updated information in all instances wherever such information is required from you. BHC, reserves the right to validate and confirm the information provided by you at any point of time. If upon confirmation, your details are found untrue in whole or part then BHC reserves the right as on its sole discretion, to reject the registration and debar you from using the Services of BHC and/or any of its affiliated websites without prior intimation whatsoever. 

         III.              That you will use your own prudent judgment before entering into any transaction through this website or/and mobile app as it shall be at your own risk.

        IV.              After placing an order for a service, you shall agree to be bound by the terms and conditions.

          V.              You will not host, display, upload, modify, publish, transmit, update or share any information that:

i.           That is harmful, harassing, defamatory, obscene, libelous, invasive of another's privacy, hateful, or ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever, but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986, of another person;

ii.          That is misleading or is patently offensive to be shared online such as being sexually explicit content, or content that promotes obscenity, pedophilia, racism, hatred or physical harm of any kind against any group or individual; or

iii.        That involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or “spamming"; or

iv.         Interfering with any other person's use or enjoyment of the website or/and mobile app.

v.          Misleading in any way; or

vi.         Infringes upon or violates any third party's rights, (including, but not limited to, intellectual property rights, rights of privacy (including without limitation any unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity]; or

vii.       Manner or solicits personal information from anyone; or

viii.      Illegal weapons, violating someone's privacy, or providing or creating computer viruses; or

ix.         That tries to gain unauthorized access or exceeds the scope of authorized access (as defined  herein and in other applicable Codes of Conduct or End User Access and License Agreements) to the sites or/and mobile app or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the sites or/and mobile app or solicits passwords or personal identifying information for commercial or unlawful purposes from other users; or

x.          Engages in commercial activities and/or sales without our prior written consent from BHC. Throughout these Terms, Our "prior written consent" means a communication coming from Our authorized representative, specifically in response to Your request, and specifically addressing the activity or conduct for which You seek authorization; or

xi.         And enjoyment of similar services; or Refers to any website or URL that, in Our sole discretion, contains material that is inappropriate for the site or/and mobile app, contains content that would be prohibited or violates the letter or spirit of these Terms or

xii.       Violates any law for the time being in force; or

xiii.      Deceives or misleads the addressee/ users about the origin of such messages or

xiv.      Communicates any information which is grossly offensive or menacing in nature; or

xv.        Impersonate another person; or

xvi.      Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancel bots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, or attempt to interfere with the proper working of the website or/and mobile app or any transaction being conducted on the website or/and mobile app; or

xvii.     that is basically provoking sedition in the eyes of the government agencies with regard to the services provided to foreigner availing our services or

xviii.   that disrupts public order or causes incitement to the commission of any Cognizable offence or prevents investigation of any offence or is insulting to any other nation; or

xix.      that is false, inaccurate or misleading; or

xx.        Directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, regulation or for the time being in force; or

xxi.      Creates liability for us or cause us to lose (in whole or in part) the services of our affiliates and other registered service providers.

        VI.              You shall not use any automatic device, program, algorithm or           methodology, or any equivalent manual process, to access, acquire, copy     or monitor any portion of the website or/and mobile app or any of its Content, or in any way reproduce or circumvent the navigational structure or presentation of the BHC or any Content, to obtain or attempt to obtain any            materials, documents or information through any means that is purposely not made available through this website or/and mobile app. we reserve the right to bar any such activity.

       VII.              You may not forge headers or impersonate any other individual or entity and otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the website or/and mobile app or any service offered on or through the website or/and mobile app.

     VIII.              You may not use the website or/and mobile app or any Content for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity that infringes the rights of BHC or its affiliates. You may not reverse engineer, decompile and disassemble any software used to provide the Services.

         IX.              You will not make any negative, denigrating or defamatory statement(s) or comment(s) about us or the brand name or domain name used by us or otherwise engage in any conduct or action that might tarnish the image or reputation of BHC or its merchants on platform or otherwise tarnish or dilute any of our trade or service marks, trade name and/or goodwill associated with BHC.

          X.              That solely to enable BHC to use the information so that there are no violations of any rights you might have in your information, you agree to grant a non-exclusive, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights you have in your information. We will only use Your Information in accordance with these Terms and Our Privacy Policy.

         XI.              That you will not engage in advertising to, or solicitation of other users of the website or/and mobile app to buy or sell any products or services including but not limited to services related being displayed on or related to the website or/and mobile app. You may not transmit any chain letters or unsolicited commercial or junk email to other users via the website or/and mobile app. It shall be a violation of these T&Cs to use any information obtained from the website or/and mobile app in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person outside of the website or/and mobile app without our prior explicit consent. We reserve the right to restrict the number of messages or emails, which a user may send to other users in any 24-hour period, which we may deem appropriate in our sole discretion.

       XII.              You understand that we have the right at all times to disclose any information (including the identity of the persons providing information or materials on the website or/and mobile app) as necessary to satisfy any law, regulation or valid governmental request. In addition, We can (as You have hereby expressly authorized BHC) disclose any information about You to law enforcement or other government officials as We in Our sole discretion believe necessary or appropriate in connection with investigations specially those that may involve personal injury.

      XIII.              We reserve the right, but have no obligation, to monitor the materials posted on the website or/and mobile app. We shall have the right to remove or edit any Content that in our sole discretion violates or is alleged to violate any applicable law or the spirit or letter of these terms & conditions.

     XIV.              It should be noted that the content posted does not necessarily reflect our views. In no event, we shall assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the website or/and mobile app. You hereby represent and warrant that you have all necessary rights in and to all the Content so posted on the website or/and mobile app.

       XV.              We do not approve unauthorized use of the online data but by using the website or/and mobile app you acknowledge and agree that we shall not be responsible for the use of any personal information that you publicly disclose or share with others on the website or/and mobile app. Please carefully select the type of information that you publicly disclose or share with others on the website or/and mobile app or from the website or/and mobile app on other social platforms.

     XVI.              We will have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in the Distributed Denial of Services as mutually agreed upon to be provided through BHC.

    XVII.              Interfering or disrupting networks or websites connected to the website or/and mobile app. 

 

13.   Mode of Communication:

When you visit the website or/and mobile app or send emails to us, you are communicating with us electronically. You hereby provide your consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the website or/and mobile app. You hereby agree that all notices, agreements and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

 

14.   Compliance with Local Laws:

BHC makes no representation or warranty that the content available on the website or/and mobile app or the Services are appropriate in every jurisdiction and access to the website or/and mobile app or the Services from other jurisdictions where its content is illegal is prohibited. If you choose to access the website or/and mobile app or the Services, you are responsible for compliance with all local laws, rules and regulations. You are solely responsible for complying with such statutes, rules and regulations and any local privacy laws that may apply to you.

 

15.   Website or/and mobile app Contents:

            I.              All the components of user interface including visuals, photographs, trademarks, logos, sounds, artwork and computer code ("Content"), including but not limited to the design, arrangement, coordination, expression, the overall "look and feel" of such “Content”, contained on the website or/and mobile app is owned, controlled or licensed by or to “BHC”, and is protected by intellectual property laws in force within the jurisdiction concerned of our website or/and mobile app.

          II.              Except as expressly provided in these Terms, no part of the website or/and mobile app or its Content may be copied, reproduced, republished, uploaded, publicly displayed, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, website or other medium for publication or distribution or for any commercial purpose, without our express written consent.

         III.              You may use information on our services by downloading from our website or/and mobile app, provided that you:

i.           do not remove any proprietary language used in all copies of such documents provided by us or

ii.          use such information only for Your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media; or

iii.        make no modifications to any such information; or

iv.         Do not make any additional representations or warranties relating to such documents.

v.          You will be responsible for any notes, messages, e-mails, billboard postings, photos, profiles, opinions, ideas, images, videos, audio files or other materials or information posted or transmitted to the other Sites not authorized by us (“Posted Content”). Such Posted Content will become our property and you grant us the perpetual and transferable rights in such Posted Content. Though we shall not be responsible for the Posted Content in case of any liability of whatsoever nature towards anybody not just towards you but also towards any third party.

vi.         We will use the Posted Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media, including the creation of any derived out of the already existing information including the Posted Content. You agree that any of that content may be used by us in the manner that we deem fit are consistent with Applicable Laws and you are not entitled to any payment or other compensation for such use of Posted Content by Us.

 

16.   Limitation of Liability:

In no event shall BHC, its subsidiaries, its parent companies, its officers, directors, Facilitators, employees, or agents be liable to you or any other person or entity for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever, including but not limited to any loss of data and loss of profits, arising from or relating to:

i.           The accuracy, completeness, or content of the website or/and mobile app or services,

ii.          The accuracy, completeness, or content of any websites linked (through hyperlinks, banner advertising or otherwise) to this website or/and mobile app or the services,

iii.        The services or the services found at any websites linked (through hyperlinks, banner advertising or otherwise) to the website or/and mobile app,

iv.         personal injury or property damage of any nature whatsoever,

v.          third-party conduct of any nature whatsoever,

vi.         any unauthorized access to or use of our servers and/or any and all content, personal information, financial information or other information and data stored therein,

vii.       Any interruption or cessation of services to or from the website or any websites linked (through hyperlinks, banner advertising or otherwise) to the website or/and mobile app,

viii.      Any viruses, worms, bugs, Trojan horses, or the like, which may be transmitted to or from the website or any websites linked (through hyperlinks, banner advertising or otherwise) to the website or/and mobile app,

ix.         Any user content or content that is defamatory, harassing, abusive, harmful to minors or any protected class, pornographic, "X-rated", obscene or otherwise objectionable, and/or

x.          Any loss or damage of any kind incurred because of your use of the website or/and mobile app or the services found at the website or/and mobile app, whether based on warranty, contract, tort, or any other legal or equitable theory, and whether or not BHC is advised of the possibility of such damages.

xi.         In addition, you specifically acknowledge and agree that any cause of action arising out of or related to the website or/and mobile app or the services must be initiated within one (1) year after the cause of action accrues, failing which such cause of action shall be permanently barred.

xii.       Furthermore, you specifically acknowledge and agree that in no event shall BHC's total aggregate liability under these Terms and Conditions exceed the amount paid by you for the particular Services that are the subject of the cause of action in the twelve (12) month period preceding the events giving rise to such liability.

xiii.      BHC shall not be responsible, liable of any kind of discrepancies between customers, healthcare service provider, value added service provider and Facilitators.

xiv.      The foregoing limitation of liability shall apply to the fullest extent permitted by law and shall survive any termination or expiration of these terms and conditions or your use of the website or the services.

xv.        BHC shall not be responsible for rates of services or pricing information offered by Healthcare Service Provider, Value Added Service Provider and Facilitators to the Customers or Patient. BHC shall not take any responsibility or liability for such rates or services.

xvi.      BHC shall not be responsible for inclusions and exclusions of the services offered by Healthcare Service Provider, Value Added Service Provider,

xvii.     BHC shall not be responsible for process of e-visa and will not offer any guarantee pertaining to the services.

xviii.   BHC shall not be responsible for rates of services offered by Healthcare Service Providers and Value Added Service Providers.

xix.      BHC doesn’t hold any responsibility of personal safety & security of patient or their relatives during or after the treatment.

xx.        BHC does not direct, has no control over, makes no representations, and does not guarantee the quality, safety, or legality of Services provided by Healthcare Service Providers, Value Added Service Provider, Facilitators and.

xxi.      BHC does not guarantee for the truth or accuracy of advertisements on website or/and mobile app, the qualifications, background, or identities of doctors, the ability of Healthcare Service Providers including Doctors to deliver Services to the Clients BHC does not give guarantee for the ability of doctors to pay compensation amount.

 

17.   Severability:

If any part of these terms is determined to be invalid or unenforceable pursuant to the Applicable Laws then the invalid or unenforceable provisions will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these terms will continue in effect.

 

18.   Intellectual Property:

You, the Customer, shall acknowledge that all rights, title and interest in any or all technology used, including the software and any customer recommendations, that is part of or provided with the Services and any trademarks or service marks of BHC or third parties utilized in connection with the Services (collectively, BHC’s Intellectual Property") are vested in BHC and/or in BHC's licensors. Unless otherwise specifically provided in this Agreement, Customer shall have no right, title, claims or interest in or to the Intellectual Property belonging to BHC.

 

You, the Customer, shall not copy, modify or translate the BHC Intellectual Property or related data, or decompile, disassemble or reverse engineer the BHC Intellectual Property, to use it other than in connection with the Services, or grant any other person or entity the right or to do so. BHC may not use Customer's name, trademarks, trade names or other proprietary identifying symbols without the prior written consent of Customer, except that, unless otherwise specified on the Service Order, BHC may use Customer's name on a list of sample customers for marketing purposes.

 

19.   Force Majeure:

BHC shall not be liable or responsible to Customer, nor be deemed to have defaulted or breached this Agreement or any applicable assignment/work, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of BHC including but without limitation,

i.           acts of God, flood, fire, earthquake or any other natural calamity;

ii.          Any kind of governmental actions,

iii.        Technological failure resulting in delay or inability of providing of services by the concerned service provider;

iv.         War, invasion or hostilities (whether war is declared or not);

v.          Terrorist threats or acts, riot, or other civil unrest, national emergency;

vi.         Revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party's workforce), or

vii.       Restraints or delays affecting carriers or inability or delay in obtaining services, telecommunication breakdown or power outage.

viii.      If the event in question continues for a continuous period in excess of 180 days, Customer shall be entitled to give notice in writing to the Service Provider to terminate this Agreement or the applicable terms.

BHC shall not be responsible for any wrong full act done by healthcare service provider, value added service provider and Facilitators against clients or users. BHC shall not provide any compensation and any other remedy to said Customer. BHC is only online website or/and mobile app platform or market where Customer and Service Providers directly deal with each other. BHC does not take any responsibility of any mishap arising in course of business.

20.   Customer Grievance Redressal Policy:

If you are not satisfied with the quality of Service(s) offered or have any other complaints or grievance, please contact our customer care at info@bookhealth.care The procedure of escalation of complaints shall be as follows:

            I.              Escalation Level – 1:

i.           Write to info@bookhealth.care

ii.          Response Time: Seven (7) Business Days

 

          II.       Escalation Level – 2: Write to Nodal Officer

                        To,  

Attn: Mednexus Management Pvt. Ltd.

Address: 91 Spring board, C-2, Sector 1, Noida, Uttar Pradesh – 201301, India

E-mail: info@mednexus.in

Response Time: Fifteen (15) Business Days Miscellaneous

21.   Miscellaneous:

            I.              Governing Law: 

The Terms and Conditions shall be governed by and construed in accordance with the law(s) enforceable in India. You agree that any action relating to or arising out of these Terms and Conditions shall be brought in the courts of New Delhi (India), and you hereby consent to and waive all defenses for lack of valid jurisdiction and a forum non convenient with respect to jurisdiction and venue, if any dispute occurs and any of the courts/forum/authority in New Delhi is approached for adjudication.

          II.              Notice: 

All notices from BHC shall be deemed received by Customer when sent by BHC to Customer's current email contact on record or posted on BHC Portal or/and mobile app. Customer is solely responsible for ensuring their contact information remains updated.

         III.              Contacting BHC:

If you have any questions about these Terms and Conditions, please contact us by visiting our website’s or/and mobile app Customer Care. Our response(s) to any of the queries or questions with respect to the instant agreement shall not be deemed 'legal advice'.

Your use of the Services shall commence upon purchase pursuant to the instructions set forth in the online Services ordering process (the "Effective Date").The Term for the Services is set forth in your original order (the "Service Order") and unless otherwise modified, your services shall automatically renew for subsequent Renewal Terms unless cancelled by you through the Cancellation Procedures of BHC.

You may create a Service Order by ordering services on our website or/and mobile app. All Renewal Terms will be at BHC’s discretion, In order to cancel your Services, you must provide notice of Termination to BHC by providing appropriate online communication.

In addition, BHC may suspend, transfer, modify and/or terminate your Services at any time for any of the following reasons, which transfer, suspension, or termination (irrespective of its cause) shall not relieve you of your obligation to pay the fees for the Services:

i.           If you breach or violate any of the Terms and Conditions in this agreement.

ii.          If you breach or violate BHC Acceptable Use Policy.

iii.        If you fail to pay, any amounts owed to BHC on or before the date, they are due.

iv.         In response to an order from a court of competent jurisdiction, or arbitration award.

Lastly, a portion of related Services may be terminated or modified upon either the termination of the underlying agreement between BHC and the vendor providing third-party services or if BHC determines that the Services no longer meet BHC specifications or standards. BHC may, at its sole discretion, replace these related Services with other Services that provide a comparable value. BHC reserves the right to modify, change, or discontinue any aspect of the website or the Services, including without limitation prices and fees for the same, at any time without prior notice.