These legal conditions govern the use of Products, Services and access to the Web Site ( *.healthybillions.com )
By the use of this website “You” agree to the below stated terms and conditions set out in this agreement. However, the terms of service set out herein will be subject to change and all such changes shall be published from time to time by ( *.healthybillions.com ) and all users are requested to review the amended terms periodically. This agreement shall be construed as a legally binding agreement between the users and Precama Healthcare Private Limited (Hereinafter referred to as “healthyBillions”) ( *.healthybillions.com ) is a web portal fully developed and owned by Precama Healthcare Private Limited.
Notwithstanding anything contained herein, healthyBillions reserves the right to change the site as well as these terms and conditions at any time at the discretion of healthyBillions and you shall be under an obligation to regularly refer to the terms page to understand the altered terms.
- healthyBillions is only an aggregator and is neither a medical practitioner nor does it provide any advice whatsoever. By accessing the Website and information therein you agree that the website shall solely serve the purpose of immediate reference and should be avoided in situations of medical emergencies. healthyBillions shall not be liable for the quality and nature of advice given by the doctors listed on the Website.
- The information obtained by users from the Website and its employees, contractors, partners, sponsors, advertisers or otherwise on the site is for informational purposes only.
- The information furnished on the Website shall not be construed as a substitute for nor shall it replace professional medical advice, diagnosis and treatment. healthyBillions urges subscribers as well as casual users to not disregard or avoid and shall avoid causing delay in obtaining critical medical advise from a professional healthcare advisor. You shall refrain from using the Website for emergency medical needs. All actions taken by you based on the information available on the Website shall solely be at your own risk and liability. None of the information provided on the Website or services available through the Website shall be construed as medical practice or medical care.
All capitalized terms in this Agreement shall have the meanings attributed to them below and shall not be ascribed any other meaning unless the context so warrants:-
- “Applicable Law” shall mean the Acts, Rules, guidelines and ordinances currently in force within the territory of India including without limitation the Information Technology Act, 2000, Indian Penal Code, 1860, Indian Evidence Act, 1872 and the Indian Contract Act, 1972, Prevention of Money Laundering Act, 2002, Foreign Exchange Management Act, 1999, Indian Telegraph Act, 1885 /TRAI guidelines and Income Tax Act, 1961;
- “Contents” or “Content” shall mean any and all information, data, text, software, music, sound, photographs, graphics, video, messages, materials, news, notices, articles, forms, documents, medical professionals/clinics/hospital brochures, manuals, and shall include all information capable of being viewed / downloaded on or through the web portal. Contents shall also include electronic mails, messages or other information which a user furnishes to be displayed on ( *.healthybillions.com );
- “Features” shall mean and include all interactive, chat services, value added services and other features which may be introduced by healthyBillions on any future date after the launch of the web portal;
- “License” shall mean the limited, non-exclusive license to access and make personal non-commercial use of the website for information and expression of purchase interest and placing individual buy orders as regards the products displayed by medical professionals/clinics/hospital or any service providers listed in the website;
- “You” shall mean the entity/ individual, that has entered into this Agreement with healthyBillions;
- “Our” as used in the Terms below shall mean Precama Healthcare Private Limited;
- “Services” shall mean the services available under this Agreement as offered on our web portal ( *.healthybillions.com );
- “Service Providers” shall mean medical professionals, clinics, hospitals, diagnostic centres offering services which are listed in the website
- “Website” shall mean the site bearing address ( *.healthybillions.com ) and shall include all websites linked to that URL where such linked URL pages are lawfully posted and operated by healthyBillions or its legally authorized agents.
NATURE OF SERVICE AND EXCLUSION OF LIABILITY:
- The Website is only in the nature of a medical professionals aggregator and does not intend to recommend or endorse any specific tests, physicians, procedures, opinions or other information that may on the Website from time to time. All reliance and the extent of dependence placed by you on the information shall be solely at your own risk.
- The nature of services rendered by healthyBillions through the website shall not be construed as professional medical services. healthyBillions also clarifies that it does not grant any certifications, guarantees or warranties as regards any of the services displayed on the Website and shall not be liable as regards the warranties actually attaching to the services
- In furtherance to matters stated in Clause 3.1 & 3.2 above, “You” agree that “You” shall exercise independent judgment and due diligence before taking any decisions pursuant to viewing the Contents of the Website.
- The Contents provided on or through this Website are solely for information purposes and in no way does the Website intend to act as a substitute for specific advice from any medical professionals and are not intended to provide ““You” with any certifications, warranties or guarantees with respect to any specific tests, physicians, procedures, opinions or other information. By use of this Website “”You” agree and understand this restricted and limited use and that, ““You” will in all circumstances be solely responsible for determining “Your specific requirements and consequences arising there from.
- By using the services on the Website “You” also grant your consent to permit healthyBillions to use the personal information uploaded by “You” such as mobile phone number, residential address etc. to communicate with you or to provide this information to the interested medical professionals to contact you
LICENSE AND SITE ACCESS:
- Website can be used independently by any adult above 18 years of age. If “You” are under 18, “You” may use ( *.healthybillions.com ) only with involvement of a parent or guardian. healthyBillions reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at its sole discretion.
- License is granted in the form of a login id and password to access and use our Services. healthyBillions grants “You” a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of healthyBillions.
- “You” are hereby acknowledging that by utilizing the Services and the Website, “You” will not acquire any rights in or to the Services or the Website or the materials contained within the Services or the Website other than a limited right to utilize the Services and the Website in accordance with the terms and conditions of this Agreement. In the event “You” choose to download content from the Website, “You” must do so in accordance with, and subject to, the terms and conditions contained herein below. Furthermore, all intellectual property rights related to the Services or the Website, including all copyright, trademark, trade secret and/or patent rights, will remain the exclusive property of healthyBillions.
- “You” may not frame or utilize techniques to enclose any trademark, logo, or other proprietary information (including images, text, or form) of healthyBillions without express written consent. Any unauthorized use terminates the permission or license granted to “You” by healthyBillions. “You” may not use any healthyBillions logo or other proprietary graphic or trademark as part of the link without express written permission from healthyBillions.
- You shall at all times while accessing casually or as a subscriber act in accordance with law including without limitation in accordance with the Information Technology Act, 2000 and the rules made there under.
- The information or material provided by you or posted by you on the Website shall not be misleading or misrepresentative of facts in any way whatsoever. You shall not be permitted to post or transmit content if it will in any way be patently offensive to the online community including without limitation sexually explicit content or content that is defamatory in nature or promotes obscenity, racism, hatred or physical harm.
- You shall not do or cause to be done anything that will lead to the transmission of junk mails, chain letters or unsolicited mass mailing or spamming or leads to the promotion of illegal activities or conduct that is abusive, threatening or obscene and libelous.
- You shall use the Website only for the purpose of searching and availing medical services or for such other permitted bona fide uses. You shall not under any circumstances gain or attempt to gain unauthorized access or exceed the scope of authorized access as contemplated herein above as well as stated in applicable Codes of Conduct or End User access and other Agreements subject to which the Website operates. You shall also refrain from interfering with another user’s usage of the Website.
- You shall at all times and during each use of the Website use the same in a manner consistent with applicable law and regulations. Illegal and/or unauthorized uses of the Site, including without limitation, collecting usernames and/or email addresses of registered members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Site, are not permitted. This includes the unauthorized interception of the data stream coming from or going into the Site, as well as attempting to gain unauthorized access to the Site or exceeding your authorized access.
- You understand as well as acknowledge that the Website has the right at all times to disclose any information (including the identity of the persons providing information or materials on the Site) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, we can (and you hereby expressly authorize us to) 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 the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
- Further, you (user) shall be solely responsible for any notes, messages, e-mails, postings, photos, profiles, opinions, ideas, images or other materials or information posted or transmitted to the Website (including on the mobile application platform). However, all such material as well as content posted by you shall become the exclusive property of healthyBillions and healthyBillions shall be entitled subject to applicable privacy norms be entitled to use the content or any of its elements for any type of use without any limitation in time. The purposes for which the material posted by users can be used by healthyBillions shall extend to without limitation for use in advertising, promotion campaigns in all mediums both print as well as digital. The material as well as content posted by you shall also be deployed by healthyBillions in derivative works in which material provided by you shall be included. However, you shall not be entitled to any compensation or royalty for the use of the mateirls/content posted by you on the Website and all intellectual property shall vest in healthyBillions
- If “You” use this site, “You” are responsible for maintaining the confidentiality of your account and password, and “You” agree to accept responsibility for all activities that occur under your account or password. As far as practicable and reasonable, healthyBillions shall deal with all personal information in a reasonable and diligent manner in accordance with the Information Technology Act, 2000. However, by registering and availing the Services, You as well as medical professionals hereby permit necessary third party disclosures as far as it is necessary to enable healthyBillions to render the Services.
REPRESENTATIONS REGARDING SERVICES:
- healthyBillions represents that it makes reasonable efforts to validate the qualifications as well as credentials of the clinics, hospitals and medical practitioners listed on the Website in its attempt to become a credible as well as high quality aggregator of information pertaining to available medical services in the relevant locality.
- healthyBillions represents and warrants that it shall endeavor to be as accurate as possible as regards all Content displayed on the Website. However, healthyBillions does not warrant that service descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If the product provided by the clinics, hospitals, medical practitioners or any Service providers listed on the Website, itself is not match the description on the Website, your available remedy shall be solely against the service providers listed in the website as the case maybe.
- Although healthyBillions shall make all reasonable efforts to maintain the accuracy as well as availability of the Services on the Website, healthyBillions does not make any legally binding representation that the operation of Services through our web Site will be uninterrupted or error-free, and we shall not be liable for the consequences of any interruptions or errors.
- Our Services and the Website contain references and/or URL links to companies, products and web sites which are owned and operated by Publishers or the "External Sources". “You” acknowledge that healthyBillions is not responsible for the availability of any External Sources. “You” should contact the companies for those External Sources if “You” have any concerns regarding such Products, Services and Web Site located on such External Sources.
- Clinics, hospitals, medical practitioners or any Service providers listed on the Website offers services through our website. healthyBillions shall not be responsible for examining or evaluating, and healthyBillions does not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. Further, healthyBillions shall not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. “You” should carefully review their privacy statements and other conditions of use.
- healthyBillions does not in any way endorse or promote or market any of the medical professionals listed herein and in no way shall healthyBillions be liable to you or your relatives or any other third party for any decisions made or actions taken based on reliance placed on the information on the Website.
- Further, notwithstanding the listings done on the Website, healthyBillions does not guarantee the continuous availability of the listed healthcare provider at any particular point in time.
TERMS REGARDING PRICING:
- Even though the aggregation as well as search service provided by healthyBillions is free of charge, the selected healthcare provider will charge the usual consultation fees for the medical advice provided. In this regard, healthyBillions shall have no power or authority to dictate the fees charged by the medical professionals listed on the Website and all such matters shall be responsibility of the patient.
- The price for services displayed on the website shall be the price as fixed by the Clinics, hospitals, and medical practitioners.
- Notwithstanding anything contained in the Terms and Conditions herein, healthyBillions shall not be liable for misrepresentations as regards specifications and prices by the Clinics, hospitals, and medical practitioners and in all such circumstances the users using the search and order service on the Website shall pursue all their remedies against the registered service providers alone and shall not implead healthyBillions in such disputes against the service providers.
TERMS REGARDING REVIEWS, COMMENTS, COMMUNICATIONS AND MISCELLANEOUS CONTENT:
- “You” are permitted to post reviews, comments, photos, and other content; send e- cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." In this regard, healthyBillions reserves the right (but not the obligation) to remove or edit such content and initiate criminal prosecution under Applicable Law for posting unacceptable content.
- “You” may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content.
- If “You” do post content or submit material, and unless we indicate otherwise, “You” grant healthyBillions a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub- licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. healthyBillions has the right but not the obligation to monitor and edit or remove any activity or content. healthyBillions takes no responsibility and assumes no liability for any content posted by “You” or any third party.
- “You” further agree that “You” shall not use the Website to intentionally harm any other user in any manner either directly or indirectly. “You” shall also refrain from manipulating the Website in order to intentionally disguise your identity or disguise the origin of any content transmitted through the website.
- “You” shall also not do any act so as to cause disruptions to the normal flow of information and Content on the Website or disrupt or disturb the ability of other users to use the Website and Services by way of acts including but not limited to stalking and other forms of harassment.
- “You” shall not interfere with the Website or servers or networks connected to the Website or breach any of the requirements, procedures and policies of the networks connected to the Website.
- “You” shall also not be permitted to post or transmit any information that is derogatory as regards the brand, services or content relating to ( *.healthybillions.com ).
- healthyBillions shall reserve the sole right and discretion to discontinue the member login in the event “You” violate any of the terms of this Agreement including but not limited to breach of intellectual property obligations or Code of Conduct relating to permissible information that can be uploaded or transmitted via the Website.
TERMS REGULATING BUYING AND SELLING ON THE WEBSITE:
- ( *.healthybillions.com ) shall not permit testing of the Services by placing false Order requests and the said act shall be a crime under Applicable law and “You” shall be liable to punishment for impersonation, fraud and identity theft. It is however clarified that “You” shall continue to be liable for the fictitious transaction since healthyBillions shall reserve the right to determine your real identity through the unique address transmitted by your browser, IP address etc.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the sole and exclusive property of healthyBillions or its content suppliers and protected by Indian laws and international copyright laws. The compilation of all content on this site is the exclusive property of healthyBillions and protected by Indian laws and international copyright laws. All software used on this site is the property of healthyBillions or its software suppliers and protected by Indian laws and international copyright laws.
This Site is controlled and operated by Precama Healthcare Private Limited. All material on this Site, including images, content, illustrations are protected by copyrights, trademarks, and other intellectual property rights that are owned and controlled by us or by other parties that have licensed their material to us. Material on the Site owned, operated, licensed or controlled by us is solely for your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and you must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other web Site or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which you receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
To the full extent permissible by applicable law, healthyBillions disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. healthyBillions does not warrant that this site; information, content, materials, products (including software) or services included on or otherwise made available to “You” through this site; their servers; or electronic communications sent from healthyBillions are free of viruses or other harmful components. healthyBillions will not be liable for any damages of any kind arising from the use of this site or from any information, content, materials, products (including software) or services included on or otherwise made available to “You” through this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing.
This Site, all the materials and products (including but not limited to software) and services, included on or otherwise made available to you through this Site and/or the call centre are provided by healthyBillions "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, healthyBillions does not warrant that:
- This Website and/or the call centre will be constantly available, or available at all; or
- The information on this website and/or fetched from the call centre is complete, true, accurate or non-misleading.
healthyBillions shall not be liable to the subscriber patients or casual users as the case maybe for cancelled, delayed, or otherwise unfulfilled appointments or any injuries resulting as a consequence. The principle of caveat emptor shall apply and you agree that you shall at all times while using the healthyBillions Website additionally also conduct your own investigation prior to finally choosing a healthcare provider including the verification of the listed credentials.
“You” (Applicable to buyers and registered members) agree to indemnify and hold healthyBillions and its subsidiaries, affiliates, officers, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of the Contents “You” submit, e-mail, “You” make available through the Site, your use of the Site, your connection to the Site, your violation of this Agreement, or your violation of any rights of another user of this Site.
TERM AND TERMINATION:
healthyBillions reserves the right to block your access to the Products, Services and Web Site if “You” are using it in excess of this provision or otherwise unreasonably upon investigation by healthyBillions. The Products, Services and Web Site available are delivered in accordance with the terms of a License Agreement. healthyBillions may modify any of the terms and conditions contained in this Agreement, at any time and in healthyBillions’s sole discretion, by posting a change notice or a new agreement/ supplemental agreement on healthyBillions’s Website. We may also choose to use commercially reasonable efforts to notify all users under this Agreement via any email addresses “You” provide to healthyBillions. If any modification is unacceptable to “You”, your only recourse is to terminate this agreement. Your continued utilization of the service following any change will constitute your binding acceptance of the change. healthyBillions also reserves the right, at its sole discretion, to restrict, suspend or terminate your access to all or any part of Products, Services and/or Web Site at any time for any reason without prior notice or liability.
These Terms and Conditions shall be deemed severable. In the event any provision of the Terms and conditions is determined to be unenforceable or invalid, such provision shall be enforced to the fullest extent permitted by applicable law and such determination shall not affect the validity and enforceability of any other remaining provisions.
This Agreement shall be construed in accordance with the laws of India. By visiting ( *.healthybillions.com ), “You” agree that the Indian laws, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between “You” and healthyBillions. Any dispute relating in any way to your visit to ( *.healthybillions.com ) or to products or services sold or distributed directly by healthyBillions or through healthyBillions.com shall be referred for arbitration and arbitration place shall be in Bangalore, India, and “You” consent to exclusive jurisdiction. However, dispute as contemplated in these terms and conditions shall not cover service related disputes that “You” may have with the Service Providers relating to deficiency or negligence in the services availed.
This Agreement or your use of this Site does not constitute any joint venture, partnership, employment or agency relationship between “You” and healthyBillions.
By the use of the services contemplated herein under these Terms, it is clarified that no contractual or professional relationship is created between the user/patient and the provider of health care services. The Website shall only be in the nature of an invitation to offer and not an offer for rendering professional medical services
CONSENT FOR COMMUNICATION:
By usage of the Website ( *.healthybillions.com ) “You” also consent to being contacted by the Clinics, hospitals, and medical practitioners and other related parties (who are authorized to access data uploaded on the Website) and their agents via SMS, e-mail, landline telephone and other electronic messaging means. In this regard, it is clarified that this consent shall be valid and healthyBillions as well as other authorized persons accessing data shall not be held liable even if the said contact number uploaded on ( *.healthybillions.com ) is registered with the DO NOT CALL REGISTRY.
CANCELLATION/ REFUND POLICY :
Please note that there may be certain membership that we are unable to process and must cancel even if approved. We reserve the right, at our sole discretion, to refuse or cancel any membership for any reason. Some situations that may result in your membership being cancelled include unavailability of stocks, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We will contact you if all or any portion of your membership is canceled or if additional information is required to accept your membership. In case we are not able to process your order within 30 working days we will initiate a refund.
If your membership is cancelled after the payment was made by Credit Card or Net-Banking, we will refund the Credit Card or Net-Banking account. If the payment mode was Cheque or DD, we will send you a cheque (not a DD). Cheques will be sent only to the billing address of the member.
In case we receive a cancellation notice from the customer within 5 days of purchase and the membership has not been processed/ approved by us, we shall cancel the membership and refund the entire amount. We will not be able to cancel membership that have already been processed and shipped out.