Last modified: February 1, 2019
Medicover Healthcare Private Limited (hereinafter “Medicover” or “us”) owns and maintains the website www.medicoverfertility.in (“Website”).
This document/agreement is an electronic record in terms of Information Technology Act, 2000 and generated by a computer system and does not require any physical or digital signatures. This document is published in accordance with the provisions the Information Technology (Intermediaries Guidelines) 2011, which provides for the due diligence to be exercised for the access or usage of this Website.
By using the Website, you are agreeing to these Terms. Please read them carefully.
Using of the Website
Your use of this Website and/or registration with this Website and the information and material contained therein implies and constitutes that you have understood, appreciated and voluntarily accepted the rights, limitations and obligations, which would exist between us thereafter, in totality. You understand and agree that no joint venture, partnership, employment, agency or clinic/ doctor-client relationship exists between you and us and as a result of these Terms or on account of use of the Website.
In order to protect yours as well as our interests, we reserve the right to make modifications and alterations to these Terms without any intimation to you of such modifications or alterations. Hence, you are requested to check this web page of this Website on a regular basis.
Any person can use and participate in our Website as long as he or she is a major i.e. has attained the age of 18 years and is capable of entering into a legal contract as per the laws of India.
Links to Other Websites
Through this Website you would be linked to other websites, web pages and/ or offers which would require you to understand and accept additional rights and or obligations in order to participate. No judgment or warranty is made with respect to the accuracy, timeliness, or suitability of the content of other services or sites to which these screens link, and Medicover takes no responsibility for the same. A link to a service or site outside of this Website is not an endorsement of the service or site, its content, or its sponsoring organization. Unless mentioned otherwise herein or on the respective web site and or web pages, all the rights, obligations and limitations contained herein shall supersede all previous terms and conditions.
The information provided by you, shall at all times be current, truthful, accurate, complete and updated by you regularly. The making of any false statements, non-disclosure and/ or failure to provide timely updates of necessary information and facts would subject you to civil and criminal liabilities and penalties.
We reserve the right to make modifications and alterations in the material contained at this Website without any intimation to you of such modifications or alterations and will not be held responsible for any actions that may subsequently culminate into any loss, damage and or liability.
We may be required to disclose your personal information in order to adhere to the bonafide requests of the government and/ or in accordance with law and in such cases we shall be bound and shall at all times have the legal right to disclose any or all of your personal information.
Third Party Contributors
The materials, images, texts, etc. appearing on this Website are provided for informational use only and are in no way intended to constitute advice, medical or otherwise or opinions from Medicover or any of its doctors, consultants, etc.
We may display articles from third party contributors on the Website. The views carried in such third party contributions are of the contributors and not of Medicover and its associates, employees or directors. Medicover is not liable or responsible for the same. Medicover also assumes that the third party contributor has taken all legal clearances and does not violate any copyright laws. Medicover is not liable for any such violation.
A possibility exists that the Website could include inaccuracies or errors. Although Medicover and its associates attempt to ensure the integrity, correctness and authenticity of the Website, it makes no guarantees whatsoever as to its completeness, correctness or accuracy. Hence, it would be your responsibility to evaluate any inaccuracy, error, or delay in, or omission of (i) any such data, information, or message within the Website; or (ii) the transmission or delivery of any data, information, or message; or (iii) any loss, expense, cost or damage arising from or occasioned by any such inaccuracy, error, delay, or omission, non-performance, or interruption of any data, information, or message, either due to any negligent act or omission by Medicover or our affiliates, agents, associates and or subsidiaries , or “force majeure” (i.e., flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications power failure, or equipment or software malfunction) or any other cause or circumstances beyond the reasonable control of Medicover and its associates.
In accordance with the applicable guidelines, the information provided about the consultants or medical professionals of Medicover and the special programs/ procedures conducted by them shall in no way be construed as any kind of advertisements and is only provided for public awareness, well-being and in public interest. The decision to engage a consultant or medical professional from Medicover should not be based on the information appearing on this Website and the person concerned should personally satisfy himself/herself before engaging the consultant or medical professional and taking the services of Medicover.
Trademark, Copyright and Restriction
All material on the Website, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on the Website 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 website 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. Medicover and its associates reserve the right to initiate and pursue any and all necessary legal and/ or other action against any such user for infringement of Medicover and/ or its associates’ intellectual property.
Warranties and Disclaimers
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER MEDICOVER NOR ITS AFFILIATES MAKE ANY SPECIFIC PROMISES ABOUT THE CONTENT AND SERVICES ON THE WEBSITE. WE PROVIDE THE WEBSITE “AS IS”.
YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, MEDICOVER AND ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SERVICE PROFESSIONALS, SUPPLIERS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND MAKE NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS WEBSITE, THE SERVICES OFFERED ON OR THROUGH THE WEBSITE, ANY DATA, MATERIALS, CONTENT SUBMITTED, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THE WEBSITE, INCLUDING WITHOUT LIMITATION THE MATERIALS, DATA AND CONTENT SUBMITTED OF OTHER USERS OF THE WEBSITE OR OTHER THIRD PARTIES.
MEDICOVER DOES NOT PROVIDE ANY WARRANTIES AGAINST ERRORS, MISTAKES, OR INACCURACIES OF DATA, CONTENT, INFORMATION, MATERIALS, SUBSTANCE OF THE WEBSITE OR CONTENT SUBMITTED, ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, ANY BUGS, VIRUSES OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY OR SERVICE USER OR SERVICE PROVIDER, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY DATA, CONTENT, INFORMATION, MATERIALS, SUBSTANCE OF THE WEBSITE OR CONTENT SUBMITTED POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. MEDICOVER DOES NOT ENDORSE, WARRANT, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISEMENT. MEDICOVER WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY PARTY, INCLUDING THIRD PARTY SERVICE PROFESSIONALS OF PRODUCTS OR SERVICES. AS WITH THE USE OF ANY PRODUCT OR SERVICE, AND THE PUBLISHING OR POSTING OF ANY MATERIAL THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MEDICOVER AND ITS RELATED ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE WEBSITE; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE WEBSITE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE WEBSITE; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF MEDICOVER, AND ITS RELATED ENTITIES, SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE WEBSITE.
IN ALL CASES, MEDICOVER, AND ITS RELATED ENTITIES WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
Waiver and Severability
The failure of Medicover to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
Governing Law and Jurisdiction
These Terms and the relationship between you and Medicover will be governed by the laws of India without regard to its conflict of law provisions or your state or country of residence and the courts at New Delhi shall have the exclusive jurisdiction. Any dispute, controversy or claim arising out of or in relation to these Terms, including a breach thereof, shall be settled in accordance with the Indian Arbitration and Conciliation Act, 1996 and the rules framed thereunder. The arbitration proceedings shall be conducted by a sole arbitrator appointed by Medicover. The venue and seat of arbitration shall be New Delhi and the arbitration proceedings shall be conducted in the English language.