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Terms And Conditions

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The following terms and conditions constitute an agreement between you and Fine Heal Healthcare Services ("Fine Heal"), the operator fineheal.com ("Website"). including its online services, such as use of software on Website to book and cancel appointments, use of [●] ("Online Services") and information, articles , news, blogs and text, graphics, images and information obtained from service providers and any other material contained on the Website ("Materials") provided by fineheal.com. By using the website, and/or by registering with Fine Heal, you signify that you agree to these terms of use and the privacy policy of Fine Heal. These terms and conditions are compliant with IT (intermediaries’ guidelines) Rules, 2011 passed under IT Act, 2000.

Fine Heal offers the Website "as is" and without warranties. Fine Heal and the Website would serve to the best of the abilities to any user that visits this Website, registered users including prospective patients or their relatives/friends, registered medical practitioner/hospitals (domestic & International), Nursing Homes, Speciality Care, [●] ("Service Providers") registered on the Website. Your browsing and/or registration on the Website implies your unconditional acceptance of these Terms of Use and the Privacy Policy, which is incorporated herein by reference which will be final and binding. If you disagree with these terms and conditions of use and the Privacy Policy, please do not access or use this Website.

Fine Heal reserves the right to unilaterally change the Terms of Use of the Website and its Online Services and Materials without notice as may be required from time to time. We will advise you to read the terms for regular updations each time you visit the Website or use any of its services. Fine Heal reserves the right of deleting any account or information contained on the Website without notice for any reason whatsoever.

Terms & Conditions of Use

Fine Heal is only a technical facilitator that aims to provide a platform for accessing information on healthcare, prevention, symptoms and cure of common diseases and ailments and directory of healthcare service providers being hospitals (domestic & International), specialty care, directory of Physicians and [●]. Registered Service providers are solely responsible for quality of Services provided by them. Fine Heal/fineheal.com accepts no responsibility for any medical, legal or financial consequences or implications arising out of use of the Website, including any Online Services or Materials. The Website disclaims any warranties express or implied connected with use of the Website including its quality, availability or accuracy, which are provided on an "as in" basis.

  • Using the fineheal.com website

    All users of the Website must be eighteen years or older ("User"). A User is responsible to verify that the use of this Website is for lawful purposes only. Therefore, any User who accesses the Website from within India or outside shall access the Website entirely at his own risk and remain responsible for compliance with the laws of his jurisdiction. In addition to the provisions relating to the absence of liability of Website i.e. fineheal.in, the owners and its licensors the indemnity from the User on the use of the Website for lawful purposes and in compliance with the laws of his/her jurisdiction within or outside India shall survive the expiration or termination of these Terms and Use for any reason whatsoever. It is clarified that finehel.in makes no claim that the Materials on the Website, are appropriate, accurate, reliable, or updated, suitable or complete or may be downloaded in a particular jurisdiction and your use of the Website shall be at all times be solely at your discretion and risk and Fine Heal at all times shall remain indemnified.

  • Registration on the fineheal.com Website :

    Fineheal.com being a health care portal provides for free online registration to its Users. Fineheal.com accepts registration of Service provider to provide health care services to User on payment of [●]. As part of registration process Fine Heal will provide the Service Provider with an e-mail address and will allow the Service Provider to create a password. Users should at all times maintain secrecy and confidentiality of the log in id and password allocated to it by Fine Heal. At no time will Fine Heal be liable for any failure to maintain confidentiality of the access password by User. Fineheal.in shall make no effort to validate any information provided by the User for use of services with respect to correctness or usability. Fine Heal with an intention to provide the best service possible could ask the User to share more information as and when needed.

  • Facilities provided on the fineheal.com Website:

    • To provide general information on healthcare, prevention, symptoms and cure of common diseases and provide information on Service Providers being hospitals (domestic & International), specialty care, directory of Physicians and [●].

    • To publish on the Website contact information about the registered service provider in its online directory, its locations, key doctor's profile, main departments, advertise their services, health packages, upload photos, videos, events, seminar information, and fee schedule and timings for doctor consultations ("Profile").

  • Responsibilities of Service Providers:

    • Registered Service provider shall be solely responsible for assuring it has the valid licenses, registration with concerned statutory Authorities to practice and advise Users on healthcare and render medical consultations and advice through the Website and are statutory compliant. Breach of any of the above condition shall make concerned Service Provider solely liable for legal actions or other consequences arising therefrom. Fineheal.com shall stand indemnified at all times from the above claims.

    • Registered Service Providers shall at all times maintain true and correct particulars of its contact information on its Profile pages, including locations, telephone numbers, e-mail addresses, timings, doctors profiles of different departments, provision of contact information to make for Users to make online booking of appointments with its doctors. The Service Provider shall be solely responsible for seeking consent of doctors before providing their profile details and verifying that only correct and updated information is provided to fineheal.in for publishing on the Website.

    • It shall be the duty of the Service Provider to inform the doctors and obtain consent from its doctors that their profiles shall be promoted on Internet through web promotion activities connected with the Website. Prior to submitting contact information and detailed profiles, Service Provider shall ensure that it has the required authorizations as stated in this clause and the information provided by them shall be duly signed , stamped by its authorized representative and to be submitted to the Website for the records of the Website. In case there are any subsequent changes to the supplied profiles, the same shall be duly intimated to the Website in writing, duly signed and stamped by the Service Provider so that these changes may be carried out on the Website. In case of any issue concerning consent or accuracy of any content provided by them, Users should approach the Service Provider directly. In the event of a User notifying that the details provided by the Service Provider on the Website of any incorrect information or description published on the Website provided by Service Provider , the only obligation of the Website will be to remove or deactivate the concerned link on the Website after due verification from the Service Provider. However, the Website shall not be responsible for deactivating the said inaccurate profile or information from other websites on the Internet where the information may have been published due to web promotion activities in connection with the Website.

    • Service Provider shall depute representatives as may be required to attend to User's request for online booking, booking confirmations and cancellations of appointments with doctors on the Website on a 24x7 hour basis. It is clarified that the Website is only providing information related to healthcare and means of communication and platform to interact with Users. Service Provider shall be fully responsible for maintaining highest professional standards and be solely responsible for all consultations/advice rendered to Users.

    • Service Provider shall confirm the booking requests for appointments made by Users in time and inform of any cancellations at least [●] hrs prior to the scheduled appointment.

    • Service Provider shall ensure he is available to diagnose patient at the confirmed time of appointment at the specified location as communicated in writing to the User through the Website or phone/SMS/[●]. It is clarified that cancellation of any appointment shall be the responsibility of the Service Provider and the Website shall at no time be responsible and/or liable for any such cancellation.

    • Service provider shall acknowledge he is registered with the Website when indicated or crosschecked by a User.

    • Service provider will ensure that any patient data of Users shared with its employees, doctors or staff members shall remain confidential at all times. It is clarified that the Service Provider shall be solely responsible to keep the data of the Users confidential at all times and Website shall not be held liable for any breach by the Service Provider. The Service Provider accepts that in the event of any such claim due to the breach of this clause arises, the Service Provider shall keep the Website indemnified at all times.

    • Fineheal.in or its owners, managers, directors, employees, agents, partners, advertisers or affiliates will not be liable for any loss, damage, injury caused to a User arising out of use of the Website, its Online services or Materials including legal actions arising out of medical negligence or other third party actions due to professional misconduct or omissions/acts of other Users on the Website such as Service providers.

    • Fineheal.in not a substitute for professional advice, treatment or diagnosis. The Information that you obtain or receive from the Website is to facilitate the User with selecting and scheduling appointments with Service Providers registered on the Website. At no point of time fineheal.in is a substitute for professional medical advice, personal medical attention or seeking advice from a professional doctor through an onsite visit. Further, no information from this Website should be used for treating or diagnosing a medical or health condition or for replacing any relationship with your physician or other qualified healthcare provider.

    • Fineheal.in does not establish Doctor Patient relationship although the Website acts as a channel between doctor and patient, it takes neither responsibility nor guarantee regarding the prescription of any drug or treatment. The User upon registering on Website is free to consult any doctor or physician of his/her choice and such registration does not bind him to use the information or Service Provider on the Website. The Website maintains transparency with its Users and leaves no room confusion or misunderstanding.

    • Further, you also agree that the Service Providers on the Website may not be available at all times or may discontinue their association with Website. The Service Provider are independent contractors in private practice and are neither employees nor agents of fineheal.in and/ or its subsidiaries or affiliates and the Website take no responsibility as to the qualifications of these Service Providers or the correctness of medical advice they provide.

    • Any information on the Website relating to listing, name, content, material of any professional or firm found on this Website does not constitute any endorsement or recommendations of Fineheal.in. When deciding to take advice and/or hire any medical practitioner's services or healthcare entity, the User should do independent research as to the accuracy of the credentials expressed in the Materials. The Website takes no responsibility of the authenticity and/or the accuracy of the information on the Website provided by the Service Provider.

    • Fineheal.in not to be held responsible for any third party content. The User agrees that he will neither use the Website for advertisement purposes or for any commercial messages nor post anything false, defamatory, inaccurate, abusive, harassing, obscene, sexually oriented or threatening message or material that is illegally invasive of another person's privacy. Though Website provides facility to Users to post blogs, articles but fineheal.in is not liable for such third party content posted on the Website. In case any User finds any content is objectionable or illegal, he may report to fineheal.in by writing at the customer care helpline e-mail address/phone number provided on the Website. Objectionable /illegal content will be monitored and blocked from public access within 36 hrs from reporting of the complaint. Such third party content is not edited or monitored by fineheal.in and does not reflect approval of fineheal.in, its owners, managers, directors, employees, agents, partners, advertisers or affiliates. It bears no responsibility for the posts or the information contained therein. If such information posted is infringing or objectionable, fineheal.in is not liable and shall take appropriate legal action against concerned User for posting such content.

    • Prohibited activities:

      The Users shall not use any computer resource or communication device to host, display, upload, modify, publish, transmit, update or share any information on the Website or in connection with Website on another web resource that -

      1. belongs to another person and to which the user does not have any right to;

      2. is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;

      3. harm minors in any way;

      4. infringes any patent, trademark, copyright or other proprietary rights;

      5. violates any law for the time being in force;

      6. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

      7. impersonate another person;

      8. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;

      9. threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

    • Copyright Content/Trademark of fineheal.in:

      The content of the Website is copyrighted and is protected by Indian Copyright Act, 1957. Fineheal.in reserves the right over its copyrighted content. No one is allowed to use the Copyrighted content as it will amount to breach of these terms and conditions and will be violation of copyright laws. The trademark of fineheal.in is also protected by law and other trademarks on the Website belong to their respective owners. Fineheal.in shall own and retain all right in and to the trademark, copyright, business process, trade secret, artwork and design and software code of the Website. Any content posted by a Service Provider or a user will mean deemed copyright license issued to fineheal.in for publishing such information.

    • Suspension of account:

      All payments due to a registered Service Provider shall be suspended ( with no future transactions permissible) and frozen for [●] months, in the event registered Service Provider ceases work or faces a major disruption in its operation or becomes bankrupt or starts business in some other name without due intimation to fineheal.in and change in its contact information in its Profile pages causing inconvenience and/or does not make due cancellations to Users who have been given confirmed appointments or because of any breach of terms and conditions of this Agreement, a pending legal action arising out of or in connection with services rendered by registered Service Provider through the Website including complaint for medical negligence or misconduct or reasonable suspicion regarding or unlawful transactions or deficiency in-services or unfair trade practices being adopted by the registered Service Provider, statutory violation of laws or other violation of applicable laws. The amount will remain frozen for minimum period of [●] months or longer till the disputes/disruptions /legal proceedings are settled. This clause shall survive the termination of this Agreement. It shall be the sole discretion of the Website to remove a Service Provider from the platform without giving any notice.

    • Additional Terms of Usage of the Website:

      Being a User of this Website you agree to abide by its terms and conditions and that you agree to use the Website on your own free will and it is not guided by any promotional emails, phone calls and advertisements from fineheal.in and its affiliates and partners. The use of the Website and the Online Services and Materials is solely at your own risk. Fineheal.in shall not be under an obligation to indemnify any User for non-delivery, misdelivery or defective, delayed or deficient delivery of Products or Services through the Website, and will not be liable to pay any damages, direct or indirect, or consequential damages for loss of revenue, loss of business, loss of data, system crash, faulty operation, malware attacks or slow transmission of the telephone line or web servers or email servers or hardware or software involved in the conduct of the Website technical disruptions, unavailability of Website or its Online Services, delay, failure, interruption, alteration or damage of any data or other information transmitted or posted in connection with use of the Website. That the Website does not guarantee to be error-free or bug-free. We provide no warranty regarding the security, reliability, timeliness, or performance of the Website or its accuracy, suitability or completeness or timeliness, accuracy of profile pages or any information contained therein , updation of the Materials, Online Services (including software, text, graphics, links, or communications) provided on or through the use of the Website.

    • The Website, Online Services and Materials on Website are provided on an "as is" basis. Fineheal.in, its owners, its licensors, and its suppliers to the fullest extent permitted by law, disclaim all warranties, express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties' rights, and fitness for particular purpose.

    • The defaulting User shall indemnify and agrees to keep Finehealin and its subsidiaries and affiliates, and its and their directors, officers, employees, successors and assigns fully harmless against any complaints, suits, actions, claims, losses, damages , liabilities (including statutory liability), penalties, demands and costs (including without limitation, legal costs of fineheal.in ) ,awards, and/or expenses however arising directly or indirectly from Users or third parties arising in connection with Services and Products offered by other Users on the Website or its quality, performance or legalities including allegations of wrong delivery, misdelivery or defective, delayed or deficient delivery of Products or Services through the Website ,loss of data, system crash or otherwise, and copyright infringement or other intellectual property violations raised by third parties or Customers , or in respect of breach of any of the registered Service provider warranties, representations or undertakings or in any way attributable in whole or in part to registered Service provider's performance of this Agreement or in relation to the non fulfillment of any of its obligations under this Agreement .

    • In the event that Fineheal.in is entitled to be indemnified pursuant to the provisions of this Agreement, Fineheal.in shall be entitled to such extent debit the indemnification amount from the due payments to be made to the Registered Service provider. The indemnities under this Article are in addition to and without prejudice to the Indemnities given elsewhere in this Agreement and all the indemnities provided herein shall survive the termination of this Agreement.

    • Fineheal.in, its owners ,directors, employees or agents, successors assigns, affiliates, subsidiaries mentioned on the Website in any event whatsoever not be liable for any damages (including, without limitation, incidental and consequential damages, direct, indirect, exemplary damages, special or punitive damages, fees, fines, penalties, or liabilities ,personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption, including any computer virus, anticipated profits, loss of profits or revenues, loss of saving, loss of use interruption of business, loss of opportunity, and claims of customers), whether such damages occur prior or subsequent to or are alleged as a results of, the use or inability to use the Website or the Online Services/Materials, information posted under profile pages, whether based on warranty, contract, tort, or any other legal theory or breach of any of the provisions of this agreement.

    • Fineheal.in is not liable to refund the Membership fees, if paid nor the facilitation fees charged for any Transaction. The interest free security deposit is not refundable except in accordance with the relevant provisions of this Agreement.

    • That by browsing and/or registering on the Website you agree that you are solely responsible for anything you post on the Website and that you agree to defend, indemnify, and hold fineheal.in, its owners ,its officers, directors, employees, agents, licensors, and suppliers, successors, assigns fully harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions or any claims based upon your posts/submissions on the Website. Your sole and exclusive remedy for dissatisfaction with the Site is to stop using the Website and its services.

    • Redressal and Complaints:

      Fineheal.in has published on its Website the name of the Grievance Officer and his contact details as well as mechanism by which Users who suffers as a result of access or usage of computer resource by any person can notify their complaints against such access or usage of computer resource of the fineheal.in or other matters pertaining to the clause O above. The Grievance Officer shall redress the complaints within one month from the date of receipt of complaint.

    • Force Majeure:

      Fineheal.in shall not be liable for any delay or non-performance in delivery caused by acts of God, unforeseeable occurrences or other force majeure events beyond the control of fineheal.in and in such case its obligations shall be suspended for so long as the Force Majeure Event continues.

      "Force Majure Event" means any event due to any cause beyond the reasonable control of fineheal.in , including , without limitation, unavailability of any communication system, terrorist attack, war , storm ,fire , flood, earthquake, epidemic or other natural disaster, explosion, acts of God, civil commotion, strikes or industrial, unauthorized access to computer data and storage device, computer crashes, breach of security and encryption, Telecom network strike, breakdown or Payment gateway non function due to international cable fault, bank's withdrawal of the payment gateway with or without notice, for any reason ,non functioning of the Website due to hacking, malware or boot attacks ,sabotage or server default or server maintenance or breakdown , technical flaw, inadvertent processing delay or impossibility of the use of public or private telecommunication networks and computer networks and other serious disruptions beyond the control of fineheal.in.

    • Confidentiality & Proprietary Information :

      1. "Confidential Information" means non public information that Disclosing Party designates as being confidential in writing or orally or it is third party /Customer's sensitive information which is disclosed in confidence or which under the Confidential Information circumstances surrounding disclosure ought to be treated as confidential "Confidential Information"

      2. For perpetuity from respective disclosure under this Agreement, the receiving Party shall treat as confidential all Confidential Information Provided by the other Party, including the trade secrets, proprietary information, sensitive personal information including health information about Users, or other sensitive information belonging to its customers, financial details, shall not use such Confidential Information except as expressly set forth herein or otherwise authorized in writing, and shall not disclose such Confidential Information to any third party except as may be necessary and required in connection with its rights and obligations under this Agreement .

        Exceptions: Notwithstanding the above, neither Party shall have liability to the other with regard to any Confidential Information which-

        1. Was generally known and available in the public domain at the time it was disclosed, or becomes generally known an available in the public domain through no fault of the receiver.

        2. Was known to the receiver at the time of disclosure as shown by the files of the receiver in existence at the time of disclosure.

        3. Is disclosed with the prior written approval of the discloser

        4. Is disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided; that the receiver shall provide reasonable advance notice thereof to enable the discloser to seek a protective order or otherwise prevent such disclosure.

      3. Right and Remedies:

        1. Receiving Party shall notify Disclosing Party immediately upon discovery of any unauthorized use or disclosure or Confidential Information and /or confidential materials, or any other breach of this Agreement by Receiving Party, and will co-operate with Disclosing Party in every reasonable way to help Disclosing Party regain possession of the Confidential Information and/or Confidential Materials and prevent its further unauthorized use.

        2. Receiving Party shall return all originals, copies, reproductions and summaries of confidential Information or Confidential Materials at Disclosing Party's request, or at Disclosing Party's option, certify destruction of the same. Receiving party will not commercially or even otherwise utilize any Confidential Information without Disclosing Party's express prior written consent. Unless otherwise agreed in writing, Receiving party shall not make copies of any Confidential Information for storage or otherwise. This obligation of the Receiving party shall survive the termination of this Agreement and prevail in perpetuity.

        3. Receiving Party acknowledges that monetary damages may not be a sufficient remedy for unauthorized disclosure or Confidential Information or Confidential Materials and that Disclosing Party shall be entitled, without waiving any other rights or remedies, to such injunctive or equitable relief as may be deemed proper by a court of competent Jurisdiction.

    • Term & Termination :

      1. This Agreement shall come into existence on the date a User browses the Website and/or registers on it and will remain in force for a period of [●] and automatically renewable on expiry for further [●] till it is terminated by either party with prior written notice of [●] days.

      2. This Agreement may be terminated :

        1. In case of material breach by an User, Fineheal.in is entitled to terminate this Agreement forthwith and remove any non-compliant or other information in connection with Service Provider on its Website or related sites as the case may be.

        2. In case of any other breach by a User (i.e. excluding material breach) of any representation, covenant, warranty or term of this Agreement that is not cured within [●] days after written notice thereof by fineheal.in.

        3. At the sole discretion of fineheal.in.

      3. Effect of Termination:

        1. Upon termination of this Agreement the User shall remove its Profile pages, Links, and otherwise discontinue use of the Website or any activity that indicates its association with the Website.

        2. In case of termination, user shall return the login id and password for access of Website or it will be blocked. The parties agree that fineheal.in shall withhold the credit balance due to the User, if applicable including the interest free security deposits ( if any) for a period of [●] days from the date of notice of termination till satisfactory feedback form is sent by the User after receiving healthcare consultation through the Website online or offline as the case may be.

        3. All interest free security deposit (if any) held by fineheal.in on or after the service of termination notice shall be cleared by fineheal.in on first in first out basis after the period of 12 months from date of each transaction

    • Jurisdiction and Governing law:

      This Agreement shall be subject to the exclusive jurisdiction of the courts of Mumbai and the laws of India.