Terms & Conditions - The Bone Clinic

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Terms and Consitions - The Bone Clinic

The Bone Clinic is the author and publisher of the internet resource www.theboneclinic.co.in. The Bone Clinic owns and operates the services and information provided through the Website. Please carefully go through these terms and conditions (“Terms”) and the privacy policy before you decide to access the Website or avail the services made available on the Website. These Terms and the Privacy Policy together constitute a legal agreement (“Agreement”) between you and The Bone Clinic in connection with your visit to the Website and your use of the Services, if any (as defined below).

NATURE AND APPLICABILITY OF TERMS

The Agreement applies to you whether you are -

A patient, his/her representatives or affiliates, looking for information through the Website or chatting with practitioners (“End-User”, “you” or “User”); or
Otherwise a user of the Website (“you” or “User”).

By downloading or accessing the Website to use the Services,information you irrevocably accept all the conditions stipulated in this Agreement, the Subscription Terms of Service and Privacy Policy, as available on the Website, and agree to abide by them. This Agreement supersedes all previous oral and written terms and conditions (if any) communicated to you relating to your use of the Website to avail the Services. By availing any Service, you signify your acceptance of the terms of 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 the website. 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.

You acknowledge that you will be bound by this Agreement for availing any of the Services or information 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 Bone Clinic.

The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but not limited to:

the Indian Contract Act, 1872,
the (Indian) Information Technology Act, 2000, and
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”).

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 The Bone Clinic that you are 18 years of age or older, and that you have the right, authority and capacity to use the Website and the Services available through the Website, and agree to and abide by this Agreement.

END-USER ACCOUNT

The terms “personal information” and “sensitive personal data or information” are defined under the SPI Rules, and are reproduced in the Privacy Policy. The Bone Clinic may by its Services, collect information relating to the devices through which you access the Website, and anonymous data of your usage. The collected information will be used only for improving the quality of The Bone Clinic’s services and to build new services.

The User is expected to read and understand the Privacy Policy, so as to ensure that he or she has the knowledge of, inter-alia:

the fact that certain information is being collected;
the purpose for which the information is being collected;
the intended recipients of the information;
the nature of collection and retention of the information; and
the name and address of the agency that is collecting the information and the agency that will retain the information; and
the various rights available to such Users in respect of such information.

The Bone Clinic shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the User to The Bone Clinic or to any other person acting on behalf of The Bone Clinic.

If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or The Bone Clinic has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, The Bone Clinic has the right to discontinue the Services to the User at its sole discretion.

The Bone Clinic may use such information collected from the Users from time to time for the purposes of debugging customer support related issues.

CONTENT AND DISSEMINATING INFORMATION

The Bone Clinic collects, directly or indirectly, and displays on the Website, relevant information regarding the interviews of the Practitioners, all sort of medical information listed on the Website, such as injuries, trauma and their sysmptoms, diagnosis, treatment and other similar details. The Bone Clinic takes reasonable efforts to ensure that such information is correct and updated at frequent intervals. Although The Bone Clinic screens the information and photos it cannot be held liable for any inaccuracies or incompleteness represented from it, despite such reasonable efforts.

The Services provided by The Bone Clinic or any of its licensors or service providers are provided on an "as is" and “as available’ basis, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). The Bone Clinic does not provide or make any representation, warranty or guarantee, express or implied about the Website or the Services. The Bone Clinic does not guarantee the accuracy or completeness of any content or information provided on the Website. To the fullest extent permitted by law, The Bone Clinic disclaims all liability arising out of the User’s use or reliance upon the Website, the Services, representations and warranties made by other Users, the content or information provided by the Users on the Website, or any opinion or suggestion given or expressed by The Bone Clinic or any User in relation to any User or services provided by such User.

The Website may be linked to the website of third parties, affiliates and business partners. The Bone Clinic has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through our Website. Inclusion of any link on the Website does not imply that The Bone Clinic endorses the linked site. User may use the links and these services at User’s own risk.

The Bone Clinic assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect User’s equipment on account of User’s access to, use of, or browsing the Website or the downloading of any material, data, text, images, video content, or audio content from the Website. If a User is dissatisfied with the Website, User’s sole remedy is to discontinue using the Website.

If The Bone Clinic determines that you have provided fraudulent, inaccurate, or incomplete information, including through feedback in the website or in the company's various Social Media pages, The Bone Clinic reserves the right to immediately suspend your access to the Website or any of your accounts with The Bone Clinic and makes such declaration on the website alongside your name as determined by The Bone Clinic for the protection of its business and in the interests of Users. You shall be liable to indemnify The Bone Clinic for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected The Bone Clinic or its Users.

User agrees that the content they access on The Bone Clinic Interviews does not in any way constitute medical advice and that the responsibility for any act or omission by the User arising from the User’s interpretation of the Content, is solely attributable to the user. The User agrees to absolve The Bone Clinic from and indemnify The Bone Clinic against all claims that may arise as a result of the User’s actions resulting from the User’s viewing of Content on The Bone Clinic Interviews.

The User acknowledges that all intellectual property rights in the Content on The Bone Clinic Website are with The Bone Clinic. The User agrees not to infringe upon The Bone Clinic's intellectual property by copying or plagiarizing content on The Bone Clinic website. The Bone Clinic reserves its right to initiate all necessary legal remedies available to them in case of such an infringement by the User. All comments created and uploaded by the User on The Bone Clinic website will be the sole intellectual property of The Bone Clinic. The User agrees not to post any comments on The Bone Clinic website that violate the intellectual property of any other person. The Bone Clinic reserves the right to remove any comments which it may determine at its own discretion as violating the intellectual property rights of any other person. The User agrees to absolve The Bone Clinic from and indemnify Practo against all claims that may arise as a result of any third party intellectual property right claim that may arise from the User’s uploading of any comment/document/content on The Bone Clinic Website.

NO DOCTOR-PATIENT RELATIONSHIP; NOT FOR EMERGENCY USE

Please note that some of the content, text, data, graphics, images, information, suggestions, guidance through chat other other media, and other material (collectively, “Information”) that may be available on the Website (including information provided in direct response to your questions or postings through chat or replies) may be provided by individuals in the medical profession. The provision of such Information does not create a licensed medical professional/patient relationship, between The Bone Clinic 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.

It is hereby expressly clarified that, the Information that you obtain or receive from The Bone Clinic, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Website is for informational purposes ONLY. 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. 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.

The Services are NOT intended to be a substitute for getting in touch with emergency healthcare. If you are an End-User facing a medical emergency (either on your or a another person’s behalf), please contact an ambulance service or hospital directly.

THE BONE CLINIC CHAT

The Bone Clinic's Chat is a feature owned and provided by The Bone Clinic that allows Users & Practitioners to communicate, either on unpaid mode or on paid mode, depending on the option chosen by the User or otherwise available. Further, Users may access this feature on The Bone Clinic's platform to get assigned, for the purposes of consultation, to a Practitioner whereby such Practitioners are, by default, assigned through the system's algorithm/software-program that finds the most available and accepting Practitioner or Users may choose Practitioners of choice through the search options made available on the Website. The scope of this feature as detailed herein is collectively referred to as "Chat"

The Users expressly understand, acknowledge and agree to the following set forth herein below:

In the event the Users intend to consult a specific Practitioner of choice, the same is facilitated through search options as made available on the Website. In cases where Users cannot choose a Practitioner (due to system setup or by company policy), the system uses an algorithm/software-program to find the most available and accepting Practitioner.
In case any consultation is being provided to User by the Practitioner, the same is being provided basis the online consultation, however it may vary when examined in person, hence in no event shall the consultation provided by Practitioners be relied as a final and conclusive solution.
The Users agree to use the advice from Practitioner on the website pursuant to:

an ongoing treatment with their medical practitioner;
a condition which does not require emergency treatment, physical examination or medical attention;
medical history available as records with them for reference;
a record of physical examination and report thereof with them, generated through their local medical practitioner;
consultation with their medical practitioner before abandoning or modifying their ongoing treatment.

The User agrees that by using Chat, the Practitioners on chat will not be conducting any physical examination of the Users, hence they may not have or be able to derive important information that is usually obtained through a physical examination. User acknowledges and agrees that the User is aware of this limitation and agrees to assume the complete risk of this limitation
The User understands that Chat shall not form a substitute for treatment that otherwise needs physical examination/immediate consultation
During the consultation and thereafter, the user need to upload the prescription/health records of the User for access of the Practitioners
Notwithstanding anything contained herein, The Bone Clinic in no manner endorses any Practitioner(s) that Users consult and is not in any manner responsible for any drug/medicines prescribed or the therapy prescribed by the Practitioner.
If Practitioner responds to the User’s query, the system could trigger communications to the User, in the form of notification/text/email/others. However and notwithstanding anything to the contrary in this Agreement, The Bone Clinic does not take responsibility for timeliness of such communications.
Chat, is merely a consulting model, any interactions and associated issues with the Practitioner on Chat including but not limited to the User’s health issues and/or the User’s experiences is strictly between the User and the Practitioner. The User shall not hold The Bone Clinic responsible for any such interactions and associated issues.
Any conversations that the Users have had with the Practitioner will not be retained in The Bone Clinic's database
User understands and agrees to provide accurate information, and will not use this platform for any acts that are considered to be illegal in nature.
If User decides to engage with a Practitioner to procure medical services or engages in communication, exchange of money for services outside of Chat platform, User shall do so at their own risk. The Bone Clinic shall not be responsible for any breach of service or service deficiency by any Practitioner.
The User shall be bound by the jurisdiction as contained in these Terms and Conditions hereunder, at all times, irrespective of the location they may be consulting with Practitioners online.
The User shall indemnify and hold harmless The Bone Clinic and its affiliates, subsidiaries, directors, officers, employees and agents from and against any and all claims, proceedings, penalties, damages, loss, liability, actions, costs and expenses (including but not limited to court fees and attorney fees) arising due to or in relation to the use of Website by the User, by breach of the Terms or violation of any law, rules or regulations by the User, or due to such other actions, omissions or commissions of the User that gave rise to the claim.

Disclaimers

Chat is intended for general purposes only and is not meant to be used in emergencies/serious illnesses requiring physical consultation. Further, if the Practitioner adjudges that a physical examination would be required and advises ‘in-person consultation’, it is the sole responsibility of the User, to book an appointment for physical examination and in-person consultation whether the same is with the Practitioner listed on the Website or otherwise. In case of any negligence on the part of the User in acting on the same and the condition of the User deteriorates, The Bone Clinic shall not be held liable.

The Bone Clinic is not a medical service provider, nor is it involved in providing any healthcare or medical advice or diagnosis, it shall hence not be responsible and owns no liability to either Users or Practitioners for any outcome from the consultation between the User and the Practitioner.

Chat is a platform being made available to Users to assist them to obtain consultation from Practitioners and does not intend to replace the physical consultation with the Practitioner

User agrees not to post any comments which are defamatory, obscene, objectionable or in nature and The Bone Clinic reserves the right to remove any comments which it may determine at its own discretion to violate these Terms and Conditions or be violative of any law or statute in force at the time. The User agrees to absolve The Bone Clinic from and indemnify The Bone Clinic against all claims that may arise as a result of any legal claim arising from the nature of the comments posted by the User on The Bone Clinic website.

Terms for Practitioners

The Practitioner shall promptly reply to the User after receiving User’s communication. In case of non-compliance with regard to adhering to the applicable laws/rules/regulations/guidelines by the Practitioner, The Bone Clinic shall have the right to replace such Practitioners for the purpose of consultation to the User or remove such Practitioners from the platform/The Bone Clinic application/site

The Practitioner understands and agrees that, The Bone Clinic shall at its sole discretion, at any time be entitled to, show as other Practitioners available for consultation.

The Practitioner further understands that, there is a responsibility on the Practitioner to treat the User, pari passu, as the Practitioner would have otherwise treated the User on a physical one-on-one consultation model.

The Practitioner has the discretion to cancel any consultation at any point in time in cases where the Practitioner feels, it is beyond his/her expertise or his/her capacity to treat the User. However, it is strongly recommended that the Practitioner advise the User and explain appropriately for next steps.

The Practitioner shall at all times ensure that all the applicable laws that govern the Practitioner shall be followed and utmost care shall be taken in terms of the consultation being rendered.

The Practitioner acknowledges that should The Bone Clinic find the Practitioner to be in violation of any of the applicable laws/rules/ regulations/guidelines set out by the authorities then The Bone Clinic shall be entitled to cancel the consultation with such Practitioner or take such other legal action as may be required.

It is further understood by the Practitioner that the information that is disclosed by the User at the time of consultation is personal information and is subject to all applicable privacy laws, shall be confidential in nature and subject to User and Practitioner privilege.

The Practitioner understands that The Bone Clinic makes no promise or guarantee for any uninterrupted communication and the Practitioner shall not hold The Bone Clinic liable, if for any reason the communication is not delivered to the User(s), or are delivered late or not accessed, despite the efforts undertaken by The Bone Clinic.

It shall be the responsibility of the Practitioner to ensure that the information provided by User is accurate and not incomplete and understand that The Bone Clinic shall not be liable for any errors in the information included in any communication between the Practitioner and User.

The Practitioner shall indemnify and hold harmless The Bone Clinic and its affiliates, subsidiaries, directors, officers, employees and agents from and against any and all claims, proceedings, penalties, damages, loss, liability, actions, costs and expenses (including but not limited to court fees and attorney fees) arising due to the services provided by Practitioner, violation of any law, rules or regulations by the Practitioner or due to such other actions, omissions or commissions of the Practitioner that gave rise to the claim

RIGHTS AND OBLIGATIONS RELATING TO CONTENT

As mandated by Regulation 3(2) of the IG Rules, The Bone Clinic hereby informs Users that they are not permitted to host, display, upload, modify, publish, transmit, update or share any information that:

belongs to another person and to which the User does not have any right to;
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;
harm minors in any way;
infringes any patent, trademark, copyright or other proprietary rights;
violates any law for the time being in force;
deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
impersonate another person;
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
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.

Users are also prohibited from:

violating or attempting to violate the integrity or security of the Website or any Content;
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 The Bone Clinic;
intentionally submitting on the Website any incomplete, false or inaccurate information;
making any unsolicited communications to other Users;
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;
attempting to decipher, decompile, disassemble or reverse engineer any part of the Website;
copying or duplicating in any manner any of the Content or other information available from the Website;
framing or hot linking or deep linking any Content.
circumventing or disabling any digital rights management, usage rules, or other security features of the Software

The Bone Clinic, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information as mentioned above, shall be entitled to disable such information

In case of non-compliance with any applicable laws, rules or regulations, or the Agreement (including the Privacy Policy) by a User, The Bone Clinic has the right to immediately terminate the access or usage rights of the User to the Website and Services and to remove non-compliant information from the Website.

The Bone Clinic respects the intellectual property rights of others and we do not hold any responsibility for any violations of any intellectual property rights

LIMITATION OF LIABILITY

In no event, including but not limited to negligence, shall The Bone Clinic, or any of its directors, officers, employees, agents or content or service providers (collectively, the “Protected Entities”) be liable for any 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 End-Users, even if such Protected Entity has been advised of the possibility of such damages. In no event shall the Protected Entities be liable for:

provision of or failure to provide all or any service by Practitioners to End- Users contacted or managed through the Website;
any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Website;
any unauthorized access to or alteration of your transmissions or data; or
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).

The Bone Clinic may retain such information collected from Users from its Website or Services for as long as necessary, depending on the type of information; purpose, means and modes of usage of such information; and according to the SPI Rules. Computer web server logs may be preserved as long as administratively necessary

You agree that this Agreement and any contractual obligation between The Bone Clinic and User will be governed by the laws of India.

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 The Bone Clinic. Any consent by The Bone Clinic to, or a waiver by The Bone Clinic of any breach by you, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

YOU HAVE READ THESE TERMS OF USE AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE