WITH EFFECT FROM May 11,2020
Sonakshi Children Hospital Hisar (“ www.sonakshichildrenhospital.com ”) is the author and publisher of the internet resource www.sonakshichildrenhospital.com and the mobile application .
Please carefully go through these terms and conditions (“Terms”) and the privacy policy before you decide to access this service. These Terms and the Privacy Policy together constitute a legal agreement (“Agreement”) between you and Sonakshi Hospital in connection with use of the Services (as defined below).
The Agreement applies to you whether you are -
This Agreement applies to those services made available by Sonakshi Hospital, Hisar on the Mobile App, which are offered free of charge to the Users (“Services”), including the following:
The Services may change from time to time, at the sole discretion of Sonakshi Hospital, Hisar , and the Agreement will apply to your visit to and your use of the Mobile App to avail the Service, as well as to all information provided by you on the Mobile App at any given point in time.
This Agreement defines the terms and conditions under which you are allowed to use the Mobile App 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 info@sonakshichildrenhospital.com.
By downloading or accessing the Mobile App 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 Mobile App 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 Mobile App 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 Mobile App or avail any Services. Your access to use of the Mobile App and the Services will be solely at the discretion of Sonakshi Hospital, Hisar .
You must be 18 years of age or older to register, use the Services, or visit or use the Mobile App in any manner. By registering, visiting and using the Mobile App or accepting this Agreement, you represent and warrant to Sonakshi Hospital, Hisar that you are 18 years of age or older, and that you have the right, authority and capacity to use the Mobile App and the Services available through the Mobile App, and agree to and abide by this Agreement.
The terms in this paragraph 3 are applicable only to Patients.
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 - Sonakshi Hospital, Hisar may by its Services, collect information relating to the devices through which you access the Mobile App, and anonymous data of your usage. The collected information will be used only for improving the quality of Sonakshi Hospital, Hisar ’s services and to build new services.
3.1.3 - The Mobile App allows Sonakshi Hospital, Hisar to have access to registered Users’ personal email or phone number, for communication purpose so as to provide you a better way of booking appointments and for obtaining feedback in relation to the Practitioners and their practice.
3.1.4 - The Privacy Policy sets out:
i. - The type of information collected from Users, including sensitive personal data or information.
ii. - The purpose, means and modes of usage of such information.
iii. - How and to whom Sonakshi Hospital, Hisar will disclose such information; and,
iv. - Other information mandated by the SPI Rules.
3.1.5 - The User is expected to read and understand the Privacy Policy, so as to ensure that he or she has the knowledge of:
i. - the fact that certain information is being collected.
ii. - the purpose for which the information is being collected.
iii. - the intended recipients of the information.
iv. - the nature of collection and retention of the information; and
v. - the various rights available to such Users in respect of such information.
3.1.6 - Sonakshi Hospital, Hisar 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 Sonakshi Hospital, Hisar or to any other person acting on behalf of Sonakshi Hospital, Hisar .
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 Mobile App. 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 Sonakshi Hospital, Hisar of any actual or suspected unauthorized use of the User’s account or password. Although Sonakshi Hospital, Hisar will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Sonakshi Hospital, Hisar or others due to such unauthorized use.
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 Sonakshi Hospital, Hisar has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Sonakshi Hospital, Hisar has the right to discontinue the Services to the User at its sole discretion.
3.1.9 - Sonakshi Hospital, Hisar may use such information collected from the Users from time to time for the purposes of debugging customer support related issues.
3.1.10 - Sonakshi Hospital, Hisar should be used only for appointment and booking purposes, and not for consultation on health-related issues. Sonakshi Hospital, Hisar accepts no liability if the call facility is not used in accordance with the foregoing.
3.1.11 Sonakshi Hospital, Hisar may provide End-Users with a free facility known as ‘Health Account’ on the Mobile App and its mobile application ‘ Sonakshi Hospital, Hisar ’. The specific terms relating to such account are as below, without prejudice to the rest of these Terms and the Privacy Policy:
i. Your Health Account is only created after you have signed up and explicitly accepted these Terms.
ii. - Information available in your Health Account is of two types:
(a) Patient-created: Information generated and uploaded by you.
(b) Practice-created: Information generated by your interaction with a Practitioner who uses ‘ Sonakshi Hospital, Hisar’ or other Services of software.
iii. - Any Practice created information is provided on an as-is basis and Sonakshi Hospital, Hisar does not validate the said information and makes no representation in connection therewith. You should contact the relevant Practitioner in case you wish to point out any discrepancies or add, delete, or modify the information in any manner.
iv. - The Health Account is provided on a best-efforts as-is basis. While we strive to maintain the highest levels of service availability, Sonakshi Hospital, Hisar is not liable for any interruption that may be caused to your access of the Services.
vi. - It is your responsibility to keep your correct mobile number and email ID updated in the Health Account. The records will be sent to the account associated with this mobile number and/or email ID. Every time you change any contact information (mobile or email), we will send a confirmation. Sonakshi Hospital, Hisar is not responsible for any loss or inconvenience caused due to your non-updation of your contact details for the Health Account.
vii. - Sonakshi Hospital, Hisar uses industry–level security and encryption to your Health Account. However, Sonakshi Hospital, Hisar cannot guarantee prevent unauthorized access if you lose your login credentials or they are otherwise compromised. Please safeguard your login credentials and report any actual suspected breach of account to info@sonakshichildrenhospital.com.
viii. - If you access your dependents’ record through your Health Account by registering your dependents with your own Health Account, you are deemed to be responsible for the records of your dependents and all obligations that your dependants would have had had they maintained their own separate individual Health Accounts.
ix - Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Mobile App under the same account, a different account or re-register
In no event, including but not limited to negligence, shall Sonakshi Hospital, Hisar , 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 Mobile App or the content, materials and functions related thereto, the Services, User’s provision of information via the Mobile App, lost business or lost End-Users, even if such Protected Entity has been advised of the possibility of such damages.
User agrees to indemnify and hold harmless Sonakshi Hospital, Hisar , its affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from User’s access to or use of Service, violation of this Agreement, or infringement, or infringement by any other User of his/her/its account, of any intellectual property or other right of any person or entity. Sonakshi Hospital, Hisar will notify you promptly of any such claim, loss, liability, or demand, and in addition to your foregoing obligations, you agree to provide us with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
6.1 - You agree that this Agreement and any contractual obligation between Sonakshi Hospital, Hisar and User will be governed by the laws of India.
6.2 - Any 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 Mobile App or the Services or information to which it gives access, shall be determined by arbitration in India, before a sole arbitrator appointed by Sonakshi Hospital, Hisar . Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be Haryana. 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 to the dispute.
6.3 - Subject to the above Paragraph 10.2, the courts at Haryana shall have exclusive jurisdiction over any disputes arising out of or in relation to this Agreement, your use of the Mobile App or the Services or the information to which it gives access.
If any provision of the Agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from this Agreement and the remainder of the Agreement shall beinterpreted 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 arbitral tribunal.
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 Sonakshi Hospital, Hisar . Any consent by Sonakshi Hospital, Hisar to, or a waiver by Sonakshi Hospital, Hisar 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.