Terms & Conditions of usage (Patient)

Janhavi Hospital Suggest Pvt. Ltd. (“us”, “we”, or “Hospital Suggest”) is the author and publisher of the internet resource www.hospitalsuggest.com as well as the mobile application, ‘Hospital Suggest’ provides services through the Website with the objective of driving transparency, affordability and remote-reach, by connecting providers (including but not limited to hospitals, doctors, clinics, medical practitioners, facilitators, healthcare advisors, blood banks, pathology labs, etc.) (“Service Providers”) and users of healthcare and related services (“Services”). Any advice provided to you by the healthcare provider is their own opinion and we cannot be held responsible for accuracy/correctness of the same.

Any advice provided to you by the healthcare provider is their own opinion and we cannot be held responsible for accuracy/correctness of the same.

Hospital Suggest should not be used in cases of medical emergencies and Hospital Suggest should not be considered in any form to be a substitute for a doctor or a hospital or a treatment

As part of the Services, we display on the Website, information, credentials and in some cases, profiles and costing details of the Service Providers, as relevant. All such information is procured from the respective Service Providers and is intended only to guide You and is not meant to be, in any manner whatsoever, construed as professional medical advice, diagnosis or treatment prescriptions. We DO NOT promote or endorse any of the Service Providers or their services. The choice of any of the Services as provided by the Service Providers on the Website, is entirely Your independent decision and You do so at Your sole risk.

IMPORTANT DEFINITIONS

Certain terms have special meanings given to them unless the context requires otherwise. Where such terms are defined, they are indicated by boldfaced, italicized type font or by double inverted commas, with their first letter capitalized. Grammatical variations of the defined terms will have corollary meaning unless the context requires otherwise.

“Authority” means a government, statutory, regulatory, judicial or other authority.

“Brands”means all brands, trade names, trademarks, brand features, trade dress, or other identifiers.

“Law”means all applicable laws, regulations, professional standards, professional ethics/codes, or any orders of any authority having a force of law. Law includes any successor, replacement or amendments to any of the foregoing.

“Service Provider”includes, without limitation, hospitals, clinics, doctors, medical practitioners, facilitators, healthcare advisors, blood banks, pathology labs, and such other parties providing the Services, in full or in part, as relevant.

“User”means: (a) where You are an organization, a person who is Your employee or a contractor working under Your control and who is authorized by You to access and/or use the Services with their roles being defined by You or on Your behalf; and (b) where You are in individual either You or a person authorized by You to access and/or use the Services with their roles being defined by You or on Your behalf.

“You”or“Yours”refers to the party subscribing to the Services (including Users)

SERVICES

What Hospital Suggest offers Hospital Suggest is a unique platform that provides access to Services in the field of healthcare by showcasing information on the available medical and healthcare services provided by Service Providers, through the Website and mobile Apps.

Hospital Suggest is a facilitator that connects Users with the relevant Service Provider(s) to enable You to avail the Services listed on the Website.

By availing the Services and using the information available on the Website, You agree that you are entering into a binding contract with each such Service Provider directly for the performance of the relevant Services. We facilitate connection between You and the identified Service Provider by sharing Your information with them and also providing You details of the Service Providers in relation to the chosen Services. To give You a better user experience and the choice out of the possible options out of those available at the relevant time, We also help with certain value added services for specific sections of the Services that you may seek through the Website.

The Services offered on the Website are primarily focused on the following (without limitation):

• Counseling by Hospital Suggest Panel of Doctors
• Online Medical History (Reports & Prescription etc)
• Ambulance booking

Please note that the above description of Services is only general and indicative in nature. Each of the Services comprises of specific components as listed and made available on the Website and You are advised to review and understand the components of each of the Services available before making a choice. These terms need to be reviewed contextually for applicability to the relevant components or items of the Services.

Some of the value added services offered by Hospital Suggest on the Website is only a facilitating service to enhance the User experience with respect to the availed Services. However, such value added services are not mandatorily provided to all components of the Services. Hospital Suggest reserves its sole right and discretion to determine the applicability and provision of any of the value added services as part of any relevant Service as it deems fit.

What Hospital Suggest does not offer

Hospital Suggest has taken all reasonable steps to put out information that is accurate and reliable in respect of the Services and the Service Providers. However, Hospital Suggest does not promote or endorse or make any recommendations or assure the credibility or standing of any of the Service Providers listed on the Website in respect of the Services. We reiterate that Hospital Suggest is only a facilitating platform that provides information on certain Services made available by the Service Providers and enables the Users to enjoy a hassle free experience in availing certain Services.

The Service Providers are each independently responsible and liable for the Services they provide and Hospital Suggest is not responsible or liable for any information about them or provided by them during the course of making available the Services to Users. As such Hospital Suggest does not provide any guarantees, authenticity or reliability or accuracy of such information even though it is made available on the Website.

On using Hospital Suggest, these Terms of Usage is applicable to You and You warrant that:

: Your age is 18 years or above;
: You are not and shall not violate any applicable law or regulation;
: All personal information you submit on Hospital Suggest is correct and accurate;
: You are using Hospital Suggest solely for your personal and non‐commercial use. Any use of Hospital Suggest other than for personal purposes is prohibited;
: You may not modify any content including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos of Hospital Suggest , unless you have the permission from Hospital Suggest in written to modify the content;
: You may not decompile, reverse engineer, or disassemble Hospital Suggest ;
: You further agree not to access or use Hospital Suggest in any manner that may be harmful to the operation of Hospital Suggest;
: 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 Hospital Suggest or any connected network;
: You expressly understand and agree that the information and content on Hospital Suggest are provided on an "as is" and "as available" basis. Hospital Suggest 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;

You shall promptly notify Hospital Suggest giving reasonable details if You become aware of any discrepancy or material inaccuracy or problem with any of the Services or Service Providers. The Services may provide You with the ability to provide information about You, Your organization, content (including still or moving images and audio or audio-visual content), and/or Users including personal information of any of the foregoing (“Your Information”). You shall be responsible for Your Information and for making sure: (a) Your Information is accurate, timely, complete, not misleading updated in a timely manner; (b) that You have the lawful right to: (i) post Your Information on the Services; and (ii) provide Your Information to Hospital Suggest for the purpose of the Services and accordingly by providing Your Information to Hospital Suggest you grant Hospital Suggest the irrevocable, perpetual license to store, access, combine, aggregate, adapt, create derivative versions of, distribute, permit third parties to distribute , and/or otherwise use Your Information as necessary for: (A) providing the Services; (B) for Hospital Suggests business purposes; and otherwise use Your Information in accordance with the permitted use under these terms.

You acknowledge that under the license granted Hospital Suggest is not obliged to remove any part of Your Information even if You no longer subscribe to the Services.

Software usage:

Hospital Suggest reserves the right to add new functionality, remove existing functionality, and modify existing functionality to any of its Services as and when it deems fit, and make any such changes available in newer versions of its Software or Website or both at its discretion. Hospital Suggest will take reasonable efforts to notify the Users upon release of such newer versions. Hospital Suggest reserves the right to automatically upgrade all users to the latest version of its Services as and when it deems fit.

You acknowledge and accept that the platform provided by Hospital Suggest may include services or products provided by any third party or may enable third parties to participate on the platform.

SHARING OF INFORMATION

In the course of obtaining or seeking any of the Services, You may be asked to provide certain information and data pertaining to You, such as contact details, age, gender and such medical information and records that are required to be shared with the Service Providers, to enable them to deliver the Services identified. You expressly consent to the provision of and sharing of such information with Hospital Suggest and or the relevant Service Provider.

With respect to such information You warrant that it is accurate, updated and relevant and does not contain any material or information that can prejudice the rights of any other person or party and that it belongs to You or to the person or party You legally represent with respect to the Services being availed. All such information provided by You to Hospital Suggest and as maybe retained or shared with Service Providers as relevant shall be subject to the Privacy Policy of Hospital Suggest. You agree and acknowledge that information shared by You or with You over the internet maybe exposed to security risks and that Hospital Suggest shall not be responsible or liable in any manner for any loss or damages incurred by You in this regard.

As part of availing certain Services, You may connect with a Service Provider on phone, email or other modes of communication, for instance in the case of the ‘Doctor Helpline’ service. You agree to a Hospital Suggest representative being present on the call with You and the relevant Service Provider. You also expressly consent to the communication being recorded by Hospital Suggest for quality, training and research purposes and which may also be shared with relevant Service Provider(s) to enable the provision of the chosen Services to You.

CONTENT POLICY

Hospital Suggest is a facilitating platform that provides information to Users who access and use the Website and apply for the Services listed therein. Hospital Suggest is not responsible for or under any obligation to ensure that the content or information made available on the Website by Service Providers or Third Party Providers with respect to any of the Services is accurate or is screened for any objectionable material. As regards the information or content that you put out or submit on the Website You are solely responsible for the same. In the event any content or data or information that You post or provide on the Website is found to be untrue, false or misleading or is of an objectionable nature Hospital Suggest reserves the right to remove such content, edit or suspend Your account or access to the Website, if we are of the view that such content is detrimental to Hospital Suggests business, goodwill or reputation or its interests.

THIRD PARTY WEBSITES

Hospital Suggest may, on the Website, provide links to third party websites that you may access. Your access to and use of such third party websites shall be solely governed by the terms and conditions of each such website and Hospital Suggest does not and is not obligated to be bound by any of such terms. You access these links by Your own free will and risk. Any content, data or information provided by such third party websites belong to such websites independently and Hospital Suggest does not take any responsibility or liability towards any such content, process or information provided on these sites.

TERMINATION

We may modify or terminate any portion of Hospital Suggest for any reason, with or without notice and without liability to you or any third party. To keep a track of any such changes, we recommend you to review these Terms of Usage periodically. Hospital Suggest may also at any time, without notice to You, suspend or terminate Your access to the Website, or any of the Services made available on or through the Website.

Hospital Suggest reserves the right to terminate the Services that You have accessed or sought on the Website, wholly or partially, for any reason including, without limitation, in the event You have submitted false, misleading and erroneous information while opting for the Services, or have not complied with these terms, or Hospital Suggest is unable to verify or authenticate the information submitted by You. You expressly agree not to hold Hospital Suggest liable in any manner for the exercise of such termination or suspension rights by Hospital Suggest, even if it results in the discontinuance or stoppage or termination of the Services subscribed for and paid for by You.

WARRANTIES, EXCLUSIONS AND DISCLAIMERS

You warrant that:

You shall at all times comply with Law in the access and/or use of the Services (including where any content or information is posted by You or on Your behalf using the Services). Without limitation, You acknowledge Your responsibility to comply with information technology, telecommunications, defamation and privacy laws as may apply .Hospital Suggest shall facilitate the Services with reasonable care and skill .EXCEPT AS EXPRESSLY STATED IN THE AGREEMENT, Hospital Suggest FACILITATES THE SERVICES “AS IS” AND DOES NOT MAKE ANY WARRANTIES, CONDITIONS, GUARANTEES OR REPRESENTATIONS,EXPRESS OR IMPLIED,WITH RESPECT TO THE SERVICES INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR PURPOSE OR THAT THE SERVICES WILL BE PROVIDED WITHOUT INTERRUPTION.

You acknowledge and accept that:

The provision of the Services depends on various communications services and infrastructure and services that Hospital Suggest may from time to time obtain from third parties or suppliers (“Dependencies”).Hospital Suggest shall not be liable for Your (or a User’s) inability to access and/or use the Services for reasons attributable to any such Dependency.

INTELLECTUAL PROPERTY RIGHTS

The Services (including Hospital Suggest Brands) constitute valuable intellectual property of Hospital Suggest or, if applicable, Service Providers or Third Party Providers. As between You and Hospital Suggest, Hospital Suggest reserves to itself all intellectual property rights in the Services. Except as set forth in these terms, You may not use any such intellectual property or any derivative of it without Hospital Suggest’s prior written consent. You will not remove or conceal any proprietary notice incorporated in the Services Hospital Suggest may in its marketing material name You as a recipient of the Services and for that purpose use Your relevant Brands and Your Information. Any goodwill generated by the permitted use by a party of the other party’s intellectual property will inure exclusively to the party to whom the intellectual property belongs.

From time to time, as a condition of access or continued access to the Services, You may be required to accept and comply with the terms (“Third Party Terms”) required Hospital Suggest’s Service Providers or third party suppliers (each a “Third Party Provider”). Some Third Party Terms may be supplied to You within the Services or directly by the Third Party Provider. You acknowledge that such terms bind you to obligations directly with the Third Party Provider concerned and that the Third Party Provider may enforce those terms directly against You.

LIABILITY, EXCLUSIONS, THIRD PARTY RIGHTS

Hospital Suggest or any of its officers, directors, employees, affiliates or other representatives) shall not be liable for any damages, liability, cost, expense or loss (whether arising out of negligence or otherwise) resulting from: (a) Your use of the Services and/or the Website; (b) Your decisions based on the choice or the use of the Services; (c) Your dealings with Service Providers or Third Party Providers in respect of any of the Services; (d) any actions taken in reliance on the Services by You or Users; (c) any error, deficiency, interruption or delay in the Services; any aspect of the Services dependent on a Dependency (including those of Service Providers and Third Party Providers); (d) Your failure to comply with Hospital Suggest notices under these terms.

Hospital Suggest shall not be liable for (including, but not limited to), direct, indirect or consequential losses or damages, loss of data, loss of income, profit or opportunity, economic loss, loss of or damage to, property and claims of third parties, even if Hospital Suggest has been advised of the possibility of such loss or damages, or such loss or damages were reasonably foreseeable. Hospital Suggest shall not be liable or responsible for any losses or damages or claims that arise out of transactions entered into with the Service Providers or Third Party Providers in respect of any of the Services listed on the Website, including any interruptions, suspension or discontinuance of any of the Services, in any circumstance or for any reason whatsoever.

Without limiting the foregoing, under no circumstances shall Hospital Suggest nor any of its officers, directors, employees, affiliates or other representatives be held liable for any delay or failure in performance of the Website or the Services resulting directly or indirectly from force majeure events such as acts of nature, forces or causes beyond its reasonable control, including, without limitation, internet failure, computer equipment failures, telecommunication failures, other equipment failures, electrical power failures, strikes, lay-offs, riots, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of god, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.

DATA PROTECTION & PRIVACY

Data Protection In order to facilitate the Services to You, Hospital Suggest may require You to submit, share and provide certain information (also in electronic form), including Personal Data, medical information of Yours that may be used by Hospital Suggest and/or shared with relevant Service Providers or Third Party Providers in the provision of the Services chosen by You.

You explicitly consent to the transfer and disclosure of Your information to such Service Providers and Third Party Providers (whether located in India or otherwise) and also to Hospital Suggest use of Your contact details, to communicate with You from time to time, in relation to the Services offered on the Website. You expressly give Your consent to Hospital Suggest in this regard.

As a registered User, You also agree to receiving advertisements and other promotional and marketing material or information from Hospital Suggest, with respect to any new components to the Services. If You do not wish to receive such communication, You may reach out to us on +91 9817 440450 or Email [email protected] for the same.

Privacy

By accepting these terms, You expressly accept and consent to the following and understand that these shall operate in favour of Hospital Suggest Service Providers or Third Party Providers and any other party to whom Hospital Suggest may provide access to PD as permitted by these terms:

Your Personal Data.

You accept and give consent for Hospital Suggest to collect, process and store personal data and sensitive personal data (“PD”) provided by You (whether about You or anyone else) as outlined in the privacy statement which can be found at the hospitalsuggest.com. You confirm that You have the lawful right and consent to share PD with Hospital Suggest and for Hospital Suggest to use such PD in the same way as it could Your Information.

Hospital Suggest may transfer PD outside of India, subject to Hospital Suggest putting in place reasonable technological measures to safeguard PD from unauthorized access and use of the PD; by subscribing to the Services You expressly accept this .Hospital Suggest may share, sell, transfer, license or convey any part of PD with or to any third party or a successor business or business entity whom Hospital Suggest will use reasonable endeavors to bind to privacy terms analogous to the one set out on Hospital Suggest’s web site. Regardless, where PD passes on to any third party, that third party shall remain responsible for use of the PD and Hospital Suggest shall have no control over them.

Please do not provide PD if You do not accept any of the foregoing. You acknowledge our ability to provide you with Services may be impaired or it may become impossible to provide you with Services if you decide not provide the requisite PD.

Monitoring Systems.

You expressly consent to our installation of any software (including any cookies or agents) and/or systems to: (a) monitor Your use of the Services and to ascertain whether or not Your use is in compliance with these terms (this will be considered a security feature referred to below); (b) retain and process data regarding Your use of the Services for the purposes of support, capacity planning, customization, obtaining feedback, to detect and prevent breaches of our network security, the law or our contract terms, and for other activities related to the administration, management and improvement of our services.

INFRASTRUCTURE AND CHANGES

In order to take into account technological changes, Hospital Suggest may by reasonable notice require You to (at Your own cost): (a) use the specified equipment, device or infrastructure; or (b) upgrade, reconfigure, change or replace any equipment, device or infrastructure necessary for continuing to receive the Services. You shall comply with any such notice. You acknowledge and accept that any such changes may have an impact on the equipment, device, or infrastructure.

Security features (including, without limitation, access controls, passwords, log-in IDs, security tokens) may not be shared. You are responsible to maintain confidentiality of all security features pertaining to the use of the Services (including, without limitation, passwords, log-in IDs, security tokens, etc.) and shall be solely responsible for all activity using such security features. Where a security feature comprises or includes any access control software or systems, You will not uninstall, modify or otherwise tamper with any part of them. If You learn or suspect that any security feature was revealed to or obtained by any unauthorized person, You must promptly notify Hospital Suggest You acknowledge that Your access to the Website may be impacted on certain occasions, for instance, during repairs and maintenance, upgrades, telecommunications failures, force majeure events, etc. You agree that Hospital Suggest shall not be liable for any loss or damages suffered by You as a result of such interruption to the Website. You are responsible to ensure adequate data protection and backup of any data or information that You may have shared or submitted with Hospital Suggest.

SUPPORT

Where You encounter a problem in accessing or using the Services where the problem relates to the Services over which Hospital Suggest has control, Hospital Suggest will use good faith efforts to provide reasonable support to You (“Support”) to help to resolve the problem as soon as reasonably practicable. Considering the nature of the Services and the Dependencies, You accept that Hospital Suggest has not committed to You any response or resolution times. Hospital Suggest reserves the right to restrict or limit Your usage of the Support where Hospital Suggest, acting reasonably, determines that Your use of Support is disproportionately high. Currently, Support may be requested by sending an email to [email protected] This may be revised by Hospital Suggest.

INDEMNIFICATION

You agree to indemnify Hospital Suggest, its officers, employees, Directors and affiliates and third party suppliers and their employees, contractors, representatives and agents for any costs, claims, losses, damages or expenses suffered or incurred by any of them (including third party claims) by reason of Hospital Suggest facilitating the Services, access and/or use of the Services by You or anyone through You.

CHANGES TO THESE TERMS

You acknowledge that to take into account commercial, regulatory or other changes, the Services may evolve and develop from time to time. Due to this Hospital suggest may from time to time modify, revise or replace any Services or any terms and conditions applying to the Services Hospital Suggest may alter or suspend or terminate any of the Services, for no cause and without notice. The contents of the Website maybe changed in terms of content, access, presentation and User related facilities, without notice and at Hospital Suggest’s sole discretion. By accepting these terms, You agree to be bound by such changes. You are requested to review these terms for any such changes on the Website.

JURISDICTION & GOVERNING LAW

These terms shall be governed by and construed in accordance with the laws of India and You agree to submit to the exclusive jurisdiction of Courts in Mumbai, India.

GENERAL

If any part of these terms is not fundamental or is found to be illegal or unenforceable, it will not affect the validity and enforceability of the remainder of the terms. If either party delays or fails to exercise any right or remedy under these terms, that party will not have waived that right or remedy or any other right or remedy on any other occasion. These terms represent the entire understanding between the parties, regarding its subject matter and supersedes all agreements, proposals and other representations, statements, negotiations and undertakings in each case, verbal or written, relating to such subject matter. These terms may not be varied except by a written amendment by Hospital Suggest Nothing in these terms of use shall constitute, or be deemed to constitute, a partnership between you and Hospital Suggest nor shall either party be deemed to be the agent of the other party Any waiver of any provision of these terms must be in writing and signed by Hospital Suggest to be valid. Any waiver of any provision hereunder shall not operate as a waiver of any other provision, or a continuing waiver of any provision in the future.