Terms and Conditions (T&C)
The content of this Website is the property of Care Code Engagements Pvt.Ltd., a private limited company, having its registered office at 527, Dheeraj Heritage, Santacruz(W), Mumbai, India. HealthyAlways, being India’s First health care portal facilitates in finding prospective doctors and health care providers in identified locations. The Services of HealthyAlways are essentially provided to bridge the information gap between patients and doctors.
Interaction on the Website:
We request you to carefully go through these Terms and Conditions of our website before you decide to avail the Services of HealthyAlways. By using our Services, you irrevocably accept all the obligations stipulated in these Terms and Conditions and agree to abide by them. Accessing the Website through any medium, including but not limited to accessing the website through mobile phones, smart phones and tablets, are also subjected to these Terms and Conditions. These Terms and Conditions supersede all previous oral and written terms and conditions (if any) communicated to you. By using this Website, you signify your agreement to these Terms and Conditions as well as the Website’s www.HealthyAlways.com(which is hereby incorporated by reference herein).
We reserve the right to modify or terminate any portion of the Website or the Services offered by the Company for any reason, without notice and without liability to you or any third party. To make sure you are aware of any changes, please review these Terms and Conditions periodically.
The Website should not be used in cases of medical emergencies and HealthyAlways does not, and should not be considered in any form to be a substitute for a doctor or a hospital. We encourage you to independently verify any information you see on the Website with respect to a doctor or health care provider that you seek to make an appointment with.
You understand and agree that any interactions and associated issues with the doctors on the Website including but not limited to the medical outcomes and service issues, is strictly between you and the doctors. You shall not hold HealthyAlways responsible for any such interactions and associated issues. HealthyAlways is not involved in the providing any healthcare or medical advice or diagnosis and hence is not responsible for any outcome between you and the doctor you interact with. If you decide to engage with a doctor registered with HealthyAlways to provide medical services to you, you do so at your own risk. The results of any search you perform on the Website for doctors, or provision of access to any healthcare professional or doctor on the basis of your specific request, should not be construed as endorsement by this Website of any such particular doctor. HealthyAlways shall not be responsible for any breach of service or service deficiency by any doctor or health care provider. We cannot assure that all transactions will be completed nor do we guarantee the ability or intent of doctors or other health care providers to fulfill their obligations in any transaction. We advise you to perform your own investigation prior to selecting a doctor or a health care provider.
Third Party Services:
You understand that third party services may be made available by the Company on the Website. Please note that in the event you choose to avail any such third party services that are made available on the Website, you will be absolutely and solely responsible for your interactions with such third party service providers. HealthyAlways shall not be held responsible for any lapses, shortcomings or deficiency of services by such third party service providers to you. HealthyAlways hereby does not endorse the services of any third party service providers that are made available on the Website.
Clinical Support Information:
We may provide information to assist you in clinical decision-making. This may include information and reminders concerning drug interactions, allergies, dosages, as well as general health-care related information and resources. We may also provide forums for our users to exchange information. The information and materials available through the Website are for informational and educational purposes only and are not intended to constitute professional advice, diagnosis or treatment, or to substitute for your professional judgment. Information that may be placed on the Website by third parties are beyond our control. We are not responsible for the accuracy or completeness of information available from or through our Website. You assume full risk and responsibility for the use of information you obtain from or through this site, and you agree that HealthyAlways is not responsible or liable for any claim, loss, or liability arising from the use of the information. We do not recommend or endorse any provider of health care or health-related products, items or services, and the appearance of materials on the Website relating to any such products, items or services is not an endorsement or recommendation of them. You agree to review the definitions, functionality, and limitations of the Services, and to make an independent determination of their suitability for your use.
Selecting your Doctor or Health Care Provider on the Website:
The Website allows you to select and schedule appointments with doctors and health care providers registered with the Website and to whom certain specific terms and conditions apply. These terms and conditions can be accessed www.HealthyAlways.com While choosing your doctor or health care provider on the Website, you understand and accept that:
You are ultimately responsible for choosing your own doctor or health care provider and HealthyAlways shall not be held responsible or liable for the selection of such doctor or health care provider;
HealthyAlways will provide you with lists and/or profile previews of doctors and health care providers who may be suitable to deliver the health care that you are seeking based on information that you provide to HealthyAlways (such as area of specialty and geographical location). For certain specific Services, HealthyAlways may chose a doctor or health care provider on your behalf based on the nature of services you request and on the doctor or health care professional available to provide you with the clinical services for the same. Please note that HealthyAlways
Does not recommend or endorse any doctors or health care providers mentioned on the Website;
Does not make any representations or warranties with respect to these doctors or health care providers or the quality of the healthcare services they may provide. HealthyAlways shall not be liable for any reason whatsoever for the services provided by the health care professional or doctor, and we bear no liability for the consequences to you, of your use of the System or Services.
Information regarding doctors and health care providers and practice information found on the Website is intended for general reference purposes only. Such information found on the Website is mainly self-reported by the doctor or the health care provider. Such information often changes frequently and may become out of date or inaccurate. Neither the Website nor HealthyAlways provides any advice or qualification certification about any particular doctor or health care provider. You are encouraged to independently verify any such information you see on the Website with respect to a doctor or health care provider that you seek to make an appointment with.
No Doctor - Patient Relationship:
Please note that some of the content, text, data, graphics, images, information, suggestions, guidance, and other material that may be available on the Website (including information provided in direct response to your questions or postings) may be provided by individuals in the medical profession. The provision of such Information does not create a licensed medical professional/ patient relationship, between HealthyAlways and you and does not constitute an opinion, medical advice, or diagnosis or treatment of any particular condition, but is only provided to assist you with locating appropriate medical care from a qualified practitioner.
We make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, quality of work, expertise or other information provided on the website. We do not in any way endorse any individual described herein. In no event shall we be liable to you or anyone else for any decision made or action taken by you in reliance on such information.
No Medical Advice Provided:
Please note that we do not recommend or endorse any doctors, health care providers, procedures, opinions, or other Information that may appear on the Website. If you rely on any of the Information provided by the Site, you do so solely at your own risk. The Information that you obtain or receive from HealthyAlways, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Website is for informational and scheduling purposes only. All medically related information comes from independent health care professionals and organizations which are registered with HealthyAlways and to whom certain specific terms and conditions apply. These terms and conditions can be accessed www.HealthyAlways.com.
The Information provided on the Website and in any other communications from or provided through HealthyAlways is not intended as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. Do not disregard, avoid or delay obtaining medical advice from a qualified health care professional because of advice that you may have obtained through the Website. Your use of Information provided on the Website is solely at your own risk. Nothing stated or posted on the Website or available through any Services is intended to be, and must not be taken to be, the practice of medicine or the provision of medical care.
The Company reserves the right, in the event you breach these Terms & Conditions stipulated herein, to suspend and/ or terminate your access to the Website with or without notice to you. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your access to the Website. Upon suspension or termination, your right to procure the Services on the Website shall immediately cease and the Company reserves the right to remove or delete your information that is available with the Company, including but not limited to login and account information.
Limitation of Liability:
You expressly understand that under no circumstances, including, but not limited to, negligence, shall the Company be liable to you or any other person or entity for any direct, indirect, incidental, special, remote or consequential damages, including, but not limited to damages for loss of profits, goodwill, use, data or other intangible losses, resulting from circumstances, including but not limited to:
The use or the inability to use the Website and/ or Services; and/ or
The cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Website and/ or Services;
Unauthorized access to or alteration of your transmissions or data; or
Any other matter relating to the Website and/ or services.
To the fullest extent permitted by law, in no event will the Company or its affiliates be liable for any direct, indirect, special, incidental, punitive, exemplary or consequential damages, whether or not the Company has been warned of the possibility of such damages. Notwithstanding anything to the contrary in these Terms and Conditions, the Company's liability under these Terms and Conditions shall in no event exceed the Service fee amounts collected from you by HealthyAlways, but excluding any amounts collected by it for and on behalf of the doctor or health care professional as a collection agent, for the provision of any clinical service by such professional.
By Using This Website You Represent And Warrant That:
You are 18 years of age or older and that your use of the Website shall not violate any applicable law or regulation;
All registration information you submit is truthful and accurate and that you agree to maintain the accuracy of such information;
Your usage of the Website is solely for your personal and non-commercial use. Any use of this Website or its content other than for personal purposes is prohibited;
Your personal and non-commercial use of this Website shall be subjected to the following restrictions:
you may not modify any content of the Website;
you may not decompile, reverse engineer, or disassemble the content, or
you may not remove any copyright, trademark registration, or other proprietary notices from the Website. You further agree not to access or use this Website in any manner that may be harmful to the operation of this Website or its content.
You will not:
use the Service available on the Website for commercial purposes of any kind and/ or
use the Website and/ or services in any way that is unlawful, or harms the Company or any other person or entity, as determined in the Company’s sole discretion;
You will not post, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage the Website and/ or Services or any connected network, or otherwise interfere with any person or entity's use or enjoyment of the Website and/ or the Services;
You will not engage in any form of antisocial, disrupting, or destructive acts, including "flaming", "spamming","flooding","trolling","phishing" and "griefing" as those terms are commonly understood and used on the Internet;
You will not delete or modify any content of the Website and/ or Services, including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that you do not own or have express permission to modify;
The Company cannot and will not assure you that other HealthyAlways Users are or will be complying with the foregoing rules or any other provisions of these Terms and Conditions, and, as between you and the Company, you hereby assume all risk of harm or injury resulting from any such lack of compliance.
All information, content and material contained in the Website and/ or Services are the Company's Intellectual Property. All trademarks, services marks, trade names, and trade dress are proprietary to the Company. No information, content or material from the Website and/ or Services may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without the Company's express written permission.
You acknowledge that when you access a link that leaves the Website, the site you will enter into is not controlled by the Company and different Terms and Conditions and privacy policies may apply. By accessing links to other sites, you acknowledge that the Company is not responsible for those sites. The Company reserves the right to disable links from third-party sites to the Website, although the Company is under no obligation to do so.
You expressly understand and agree that:
The information, content and materials on this Website and/ or Services are provided on an "as is" and "as available" basis. The Company and all its subsidiaries, affiliates, officers, employees, agents, partners and licensors disclaim all warranties of any kind, either express or implied, including but not limited to, implied warranties on merchantability, fitness for a particular purpose and non-infringement;
The Company does not warrant that the functions contained in content, information and materials on the Website and/ or Services, including, without limitation any third party sites or services linked to the Website and/ or services will be uninterrupted, timely or error-free, that the defects will be rectified, or that the Website or the servers that make such content, information and materials available are free of viruses or other harmful components.
Any material downloaded or otherwise obtained through the Website and/ or Services are accessed at your own risk, and you will be solely responsible for any damage or loss of data that results from such download to your computer system.
You hereby indemnify, defend, and hold the Company, the Company's distributors, agents, representatives and other authorized users, and each of the foregoing entities' respective resellers, distributors, service providers and suppliers, and all of the foregoing entities' respective officers, directors, owners, employees, agents, representatives, harmless from and against any and all losses, damages, liabilities and costs arising from your use of the Website.
The interpretation of this Agreement and the resolution of any disputes arising under these Terms and Conditions shall be governed by the laws of India. If any action or other proceeding is brought on or in connection with this Agreement, the venue of such action shall be exclusively at Mumbai, India.
Any dispute, claim or controversy arising out of or relating to this notice or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of these Terms and Conditions to arbitrate, or to your use of the Website or the Services or information to which it gives access, shall be determined by Arbitration in India, before a Single Arbitrator who will be appointed mutually by the parties under dispute. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The venue of such Arbitration shall be Mumbai, India. All proceedings of such Arbitration, including, without limitation, any Awards, shall be in the English language. The award shall be final and binding on the Parties.
The Parties shall have the right to apply to a court of competent jurisdiction to obtain interim injunctive relief in respect of any dispute, pending resolution of such dispute in accordance with Clause 11(a).
If any provision of these Terms and Conditions is held by a Court of competent jurisdiction or Arbitral Tribunal to be unenforceable under applicable law, then such provision shall be excluded from these Terms and Conditions and the remainder of these Terms and Conditions shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event these Terms and Conditions shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such Court of competent jurisdiction or Arbitral Tribunal.
All notices and other communications required or permitted hereunder to be given to a Party shall be in writing, in the English language, and shall be sent by facsimile, e-mail, or mailed by prepaid internationally-recognized courier, or otherwise delivered by hand or by messenger, addressed to such Party's address as set forth below or at such other address as the Party shall have furnished to the other Party in writing in accordance with this provision:
If to HealthyAlways: HealthyAlways India Private Limited ____________________________ If to you: at the email address provided by you to us when you registered and/ or logged into HealthyAlways User.
No term of these Terms and Conditions shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented. Any consent by any Party to, or waiver of a breach by the other, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
These Terms and Conditions contain the entire understanding of the Parties, and there are no other written or oral understandings or promises between the Parties with respect to the subject matter of these Terms and Conditions other than those contained or referenced in these Terms and Conditions.
Advice of Counsel:
Each Party acknowledges:
having fully read these Terms and Conditions in its entirely;
having had full opportunity to study and review these Terms and Conditions;
having been advised that counsel for us has acted solely on our behalf in connection with the negotiation, preparation, and execution of these Terms and Conditions;
having been advised that all parties have the right to consult and should consult independent Counsel respecting their rights and duties under these Terms and Conditions and
having had access to all such information as has been requested.
You have read these Terms and Conditions and agree to all of the provisions contained above.
We wish you to be Healthy Always.