1.APPLICABILITY OF TERMS
Please carefully go through these terms and conditions ("Terms") and the privacy policy ("Privacy Policy") before you decide to access the Website or avail the services made available on the Website by Su- Med. These Terms and the Privacy Policy together constitute a legal agreement ("Agreement") between you and
The Agreement applies to you whether you are -
1.A medical practitioner or health care provider or diagnostic lab center (whether an individual professional or an organization) or similar institution wishing to be listed, or already listed, on the Website, including designated, authorised associates of such practitioners or institutions ("Practitioner(s)", "you" or "User"); or
2.A patient, his/her representatives or affiliates, searching for Practitioners or Diagnostic Centers through the Website ("End- User","you" or "User"); or
3.Otherwise a user of the Website ("you" or "User").
This Agreement applies to those services made available by
The Services may change from time to time, at the sole discretion of
of the Website to avail the Service, as well as to all information provided by you on the Website at any given point in time.
This Agreement defines the terms and conditions under which you are allowed to use the Website and describes the manner in which we shall treat your account while you are registered as a member with us. If you have any questions about any part of the Agreement, feel free to contact us at
By downloading or accessing the Website to use the Services, you irrevocably accept all the conditions stipulated in this Agreement and agree to abide by them. This Agreement supersedes all previous oral and written terms and conditions (if any) communicated to you. By availing any Service, you signify your agreement to this Agreement.
We reserve the right to modify or terminate any portion of the Agreement for any reason and at any time, and such modifications shall be informed to you in writing You should read the Agreement at regular intervals. Your use of the Website following any such modification constitutes your agreement to follow and be bound by the Agreement so modified. Any additional terms and conditions, disclaimers, privacy policies and other policies applicable in general and/ or to specific areas of this Website or to particular Service are also considered as part of the Agreement.
You acknowledge that you will be bound by this Agreement for availing any of the Services offered by us. If you do not agree with any part of the Agreement, please do not use the Website or avail any Services.
Your access to use of the Website and the Services will be solely at the discretion of
The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but not limited to:
1. the Indian Contract Act, 1872,
2. the (Indian) Information Technology Act, 2000, and
3. the rules, regulations, guidelines and clarifications framed there under, including the (Indian) Information Technology
(Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the "SPI Rules"), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the "IG Rules").
2. CONDITIONS OF USE
You must be 18 years of age or older to register, use the Services, or visit or use the Website in any manner. By registering, visiting and using the Website or accepting this Agreement, you represent and warrant to
3.TERMS OF USE APPLICABLE TO ALL USERS
3.1
3.1.1 The terms "personal information" and "sensitive personal data or information" are defined under the SPI Rules, and are reproduced in the Privacy Policy.
3.1.2
3.1.3 The Website allows
3.1.4 The Privacy Policy sets out:
1. The type of information collected from Users, including sensitive personal data or information;
2. The purpose, means and modes of usage of such information;
3. How and to whom
4. Other information mandated by the SPI Rules.
3.1.5The User is expected to read and understand the Privacy Policy, so as to ensure that he or she has the knowledge of:
1. the fact that certain information is being collected;
2. the purpose for which the information is being collected;
3. the intended recipients of the information;
4. the nature of collection and retention of the information; and
5. the various rights available to such Users in respect of such information.
3.1.6
3.1.7 The User is responsible for maintaining the confidentiality of the User's account access information and password, if the User is registered on the Website. The User shall be responsible for all usage of the User's account and password, whether or not authorized by the User. The User shall immediately notify
3.1.8 If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or
3.1.9
3.2 LISTING CONTENT AND DISSEMINATING INFORMATION
3.2.1
such information is updated at frequent intervals. Although
3.2.2 The Services provided by
3.2.3 The Website may be linked to the website of third parties, affiliates and business partners.
3.2.4
3.2.5 If
losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected
3.3 APPOINTMENT BOOKING AND INTERACTION WITH LAB/DIAGNOSTIC CENTERS OR PRACTITIONERS
3.3.1 While
3.3.2 You understand and agree that any interactions and associated issues with other Users including but not limited to your health issues and your experiences is strictly between you and the other Users. You shall not hold
3.3.3 Without prejudice to the generality of the above,
1. any wrong medication or treatment quality being given by the Lab/Diagnostic Centers or Practitioner(s), or any medical negligence on part of the or Lab/Diagnostic Centers or Practitioner(s);
2. any type of inconvenience suffered by the User due to a failure on the part of the Lab/Diagnostic Centers or Practitioner to provide agreed services or to make them available at the appointed time, no show by the Lab/Diagnostic Centers or Practitioner, inappropriate treatment, or similar difficulties;
3.any misconduct or inappropriate behavior by the Lab/Diagnostic Centers or Lab/Diagnostic Centers staff or Practitioner or the Practitioner's staff;
4. cancellation or rescheduling of booked appointment or any variance in the fees charged;
5. any medical eventualities that might occur subsequent to using the services of a Lab/Diagnostic Centers or Practitioner, whom the User has selected on the basis of the information available on the Website or with whom the User has booked an appointment through the Website.
3.3.4 Further,
3.4 NO DOCTOR/LAB/DIAGNOSTIC CENTER PATIENT RELATIONSHI NOT FOR EMERGENCY USE
3.4.1 Please note that some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, "Information") 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
3.4.2 It is hereby expressly clarified that, the Information that you obtain or receive from
3.4.3 The Services are not intended to be a substitute for getting in touch with emergency healthcare. If you are an
3.5 CONTENT OWNERSHIP AND COPYRIGHT CONDITIONS OF ACCESS
3.5.1 The contents listed on the Website are (i) User generated content, or (ii) belong to
3.5.2
3.5.3 User shall not access the Services for purposes of monitoring their availability, performance or functionality, or for any other
3.6 REVIEWS AND FEEDBACK
By using this Website, you agree that any information shared by you with
You are solely responsible for the content that you choose to submit for publication on the Website, including any feedback, ratings, or reviews ("Critical Content") relating to Lab/Diagnostic Center or Practitioners or other healthcare professionals. The role of
4. TERMS OF USE Lab/Diagnostic Center/PRACTITIONERS
4.1 LISTING POLICY
4.1.1
4.1.2
disclosures made by
4.1.3
4.1.4
4.1.5 You as a Lab/Diagnostic Centers or Practitioner hereby represent and warrant that you will use the Services in accordance with applicable law. Any contravention of applicable law as a result of your use of these Services is your sole responsibility, and
4.2 REVIEWS AND FEEDBACK DISPLAY RIGHTS OF Su-Med
4.2.1 All Critical Content is content created by the Users of www.su- med.com ("Website") and the clients of
4.2.2
4.2.3
4.2.4 You understand that by using the Services you may be exposed to Critical Content or other content that you may find offensive or objectionable.
Lab/Diagnostic Center or Practitioner's business due to Critical Content of a negative nature. In these respects, you may use the Service at your own risk.
4.2.5
4.2.6 If
4.3 INDEPENDENT SERVICES
Your use of each Service confers upon you only the rights and obligations relating to such Service, and not to any other service that may be provided by
5. RIGHTS AND OBLIGATIONS RELATING TO CONTENT
5.1 As mandated by Regulation 3(2) of the IG Rules,
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 whatever;
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, defence, 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.
5.2 Users are also prohibited from:
1.violating or attempting to violate the integrity or security of the Website or any
2. transmitting any information (including job posts, messages and hyperlinks) on or through the Website that is disruptive or competitive to the provision of Services by
3. intentionally submitting on the Website any incomplete, false or inaccurate information;
4. making any unsolicited communications to other Users;
5. using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website;
6. attempting to decipher, decompile, disassemble or reverse engineer any part of the Website;
7.copying or duplicating in any manner any of the
8.framing or hot linking or deep linking any
6. TERMINATION
6.1
1. Such User breaches any terms and conditions of the Agreement;
2. A third party reports violation of any of its right as a result of your use of the Services
3.
4.
5.
6.2 Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Website under the same account, a different account or
7. LIMITATION OF LIABILITY
In no event, including but not limited to negligence, shall
direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Website or the content, materials and functions related thereto, the Services, User's provision of information via the Website, lost business or lost
1.provision of or failure to provide all or any service by Practitioners to End- Users contacted or managed through the Website;
2.any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Website;
3.any unauthorized access to or alteration of your transmissions or data; or
4.any other matter relating to the Website or the Service.
In no event shall the total aggregate liability of the Protected Entities to a User for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from this Agreement or a User's use of the Website or the Services exceed, in the aggregate Rs. 1000/- (Rupees One Thousand Only).
8.INDEMNITY
User agrees to indemnify and hold harmless
9.APPLICABLE LAW AND DISPUTE SETTLEMENT
9.1You agree that this Agreement and any contractual obligation between
9.2Any dispute, claim or controversy arising out of or relating to this Agreement, including the determination of the scope or applicability of this Agreement to arbitrate, or your use of the Website or the Services or information to which it gives access, shall be determined by arbitration in India, before a sole arbitrator appointed by
9.3Subject to the above Paragraph 10.2, the courts at Chennai shall have exclusive jurisdiction over any disputes arising out of or in relation to this Agreement, your use of the Website or the Services or the information to which it gives access.
10.CONTACT INFORMATION GRIEVANCE OFFICER
10.1If a User has any questions concerning
10.2In accordance with the Information Technology Act, 2000, and the rules made there under, if you have any grievance with respect to the Website or the service, including any discrepancies and grievances with respect to processing of information, you can contact our Grievance Officer at:
Mr. Ashok Anand Su-Med Address: W-15, North Main Road, C-Sector,Anna Nagar, Chennai - 600101.
In the event you suffer as a result of access or usage of our Website by any person in violation of Rule 3 of the IG Rules, please address your grievance to the above person.
11.SEVERABILITY
If any provision of the Agreement is held by a court of competent jurisdiction or arbitrary tribunal to be unenforceable under applicable
law, then such provision shall be excluded from this Agreement and the remainder of the Agreement 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, the Agreement 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 arbitrary tribunal.
12.WAIVER
No provision of this Agreement shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by
YOU HAVE READ THESE TERMS OF USE AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE