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TERMS OF SERVICE


IMPORTANT NOTE ABOUT INFORMATION ON THIS WEBSITE


The information and contents (collectively referred as "Information") on this website is for your general information and reference only. We endeavour to keep the Information up to date and correct, however we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such Information is therefore strictly at your own risk.

All efforts are made to keep the website up and running smoothly. However we take no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues whatsoever. If you need a medical emergency, you should not rely on any Information on this website and should seek appropriate emergency medical assistance like call to 108.

No Medical Advice and Emergencies

Users may share or suggest treatment process in this website. You are advised to always talk to your regular or preferred doctor for diagnosis and treatment that may be appropriate for you. None of the information on this website represents or warrants that any particular drug or treatment is safe, appropriate or effective for you. The Information on this website shall neither be considered as medical advice, diagnosis, and/or treatment nor it advise/ recommend you to change your doctor or medical practitioner. Please seek medical advice from a medical professional as per your own necessity/emergency and do not delay the same due to some information or feedback or comments mentioned on the website. Your use of Services is solely at your risk and nothing on the website or mobile app or by other means provided by Jaspital shall not be taken as medical practice/advice. We do not recommend or endorse any doctor or hospital for any specific treatment or procedures.

Introduction

Welcome to Jaspital.com ("Jaspital"). Jaspital provides services to you ("You") through its website, mobile applications, communications, and other Jaspital owned or operated services ("Services") subject to the following Terms and Conditions ("Terms of Service"), which may be updated by us from time to time without notice to you. Jaspital provides you a platform to search the doctors, hospitals and medical professionals near to your location.

The domain name www.jaspital.com (hereinafter referred to as "Website") is owned by Jaspital Digital Services Pvt Ltd (hereinafter referred to as "Company"), having registered in Delhi. For the purpose of these Terms of Service, wherever the context so requires "You" or "User" shall mean any natural or legal person. The term "We", "Us", "Our" shall mean Jaspital Digital Services Pvt Ltd.

Registration @ JASPITAL

By accessing or using the Services, you accept and agree to be bound by the terms and provisions of the Terms of Service. If you are using the Services for and on behalf of any other person other than you, you represent and warrant that you are authorized by such person to accept this Agreement on behalf of such person. In addition, when using Services, you shall be subject to any posted Privacy Policy, guidelines or rules applicable to the Services, which may be posted and modified from time to time. All such guidelines or rules along with Privacy Policy are hereby incorporated by reference into the Terms of Service.

By registration at our website, you represent that you are of legal age to form a binding contract under the laws of India. You agree to provide true, accurate, current, and complete information about yourself as prompted by Jaspital's registration link at its website. If you provide any information that is inaccurate or incomplete or Jaspital has reasonable grounds to believe that such information is inaccurate or incomplete, Jaspital has the right to terminate your account. Notwithstanding anything Jaspital reserves the right, in its sole discretion, to terminate your access to the Website and the related Services or any portion thereof at any time, without any notice to you.

Privacy Policy

Registration data and certain other information about you are subject to our Privacy Policy as amended from time to time. You understand that through your use of the Services, you consent to the collection and use of your personal information by Jaspital and its affiliates.

Communications

You understand and agree that Jaspital may include certain communications from Jaspital, such as service announcements, calls, SMS, administrative messages, newsletters, chat areas, forum, and that these communications are considered part of Services provided by Jaspital. By using this website, it is deemed that you have consented to receiving calls, autodialed and/or pre-recorded message calls, e-mails, newsletters, SMSs from us at any time. This includes contacting you through information received through other parties. It includes clarification calls and marketing and promotional calls. In case you wish the communications to cease, kindly intimate us of the same via an email at support@jaspital.com. Unless explicitly stated otherwise, any new features that augments or enhances the current Jaspital's Services, including the release of Jaspital mobile app, shall be subject to the Terms of Service. You may also be contacted by Service Providers with whom we have entered into a contract in furtherance of our rights, duties and obligations under this document and all other policies followed by Us. Such contact will be made only in pursuance of such objectives.

Charges

You are responsible for obtaining access to Jaspital, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access Jaspital. We reserve the right to charge fees for the Services rendered. In a case that such happens, Users will be intimated of the same, and it will be up to you to decide whether or not you will continue with services offered by us.

Cancellation and Refund policy

There are several services and products of Jaspital available for purchase in the website jaspital.com or sold manually by Jaspital sales forces. Any purchases made online or in physical sales mode cannot be refunded or withdrawn or cancelled. Jaspital has provided demo or trial version of the products for customer's familiarization and making a choice before purchase. Jaspital is committed to market high quality of product and services. All required training support will be provided.

Third Party Information

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork (collectively, "Content"), is a third party user generated content and We have no control over such third party user generated content.

The use of such content and it being reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Website or other medium for publication or distribution or for any commercial enterprise, without Our prior written consent is prohibited .

User obligations

You are a restricted user of this website.

a) a) You are bound not to cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate post, publish or create derivative works from, transfer, or sell any information or software obtained from the website. With our prior permission limited use may be allowed. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted.

b) b) You agree not to access (or attempt to access) the Website and/or the materials or Services by any means other than through the interface that is provided by the website. The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website. You acknowledge and agree that by accessing or using the Website or Services, You may be exposed to content from other users that You may consider objectionable. We disclaim all liabilities arising in relation to such offensive content on the Website. Further, You may report such offensive content at support@jaspital.com.

c) c) In places where this website allows you to post or upload data/information, You undertake to ensure that such material is not offensive and in accordance with applicable laws. Further, You undertake not to:

i. Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;
ii. Engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website);
iii. Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
iv. Publish, post, disseminate, any information which is grossly harmful, harassing, defamatory, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
v. Post any file that infringes the copyright, patent or trademark of other legal entities;
vi. Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's computer;
vii. Download any file posted by another user that you know, or reasonably should know, cannot be legally distributed in such manner;
viii. Probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website, or any other customer of the website, including any website Account not owned by You, to its source, or exploit the Website or Service or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website;
ix. Disrupt or interfere with the security of, or otherwise cause harm to, the Website, system resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked sites;
x. Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Section;
xi. Use the Website or any material or Content for any purpose that is unlawful or prohibited by these Terms of Service, or to solicit the performance of any illegal activity or other activity which infringes the rights of this website or other third parties;
xii. Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
xiii. Violate any applicable laws or regulations for the time being in force within or outside India;
xiv. Violate the Terms of Service including but not limited to any applicable Additional Terms of the Website contained herein or elsewhere;
xv. Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
xvi. Publish, post, disseminate information that is false, inaccurate or misleading;
xvii. Directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force;
xviii. Create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider ("ISPs") or other suppliers.

d)d) You shall not engage in advertising to, or in solicitation of, other Users of the Website to buy or sell any products or services, including, but not limited to, services related to that being displayed on the Website or related to us.

e) e) You may not transmit any chain letters or unsolicited commercial or junk email to other Users via the Website. It shall be a violation of these Terms of Service to use any information obtained from the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than Us without Our prior explicit consent. We can (and You hereby expressly authorize Us to) disclose any information about You to law enforcement or other government officials, as we, in our sole discretion, believe it necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury. In order to protect Our Users from such advertising or solicitation, You understand that We have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. Please report any prohibited conduct by other Users to support@jaspital.com.In no event shall we assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from the use of Content and/or appearance of Content on the Website. You hereby represent and warrant that You have all necessary rights in and to all Content which You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortuous, or otherwise unlawful information.

Disclaimer of warranty and liability

a) You expressly understand and agree that, to the maximum extent permitted by applicable law: i. The website, services provided by this website is on an "as is" basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, or fitness for a particular purpose; ii. Without limiting the foregoing, Jaspital makes no warranty that your requirements will be met or that services provided will be uninterrupted, timely, secure or error-free; iii. Materials, information and results obtained will be effective, accurate or reliable; iv. Any errors or defects in the website, services or other materials will be corrected.

b) To the maximum extent permitted by applicable law, we will have no liability related to user content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. Jaspitalalso disclaims all liability with respect to the misuse, loss, modification or unavailability of any user content.
c) The user understands and agrees that any material or data downloaded or otherwise obtained through the website is done entirely at his/her own discretion and risk and he/she will be solely responsible for any damage to his/her computer systems or loss of data that results from the download of such material or data, Jaspital accepts no liability for any errors or omissions, with respect to any information provided to you whether on behalf of itself or third parties.
d) We shall not be liable for any third party product or services. The advertisement available on e-mail or website with respect to the third party website or the products and services are for information purpose only.
e) We shall not be liable for any deficiency in service or non- performance of services of any hospital or clinic and make no guarantees as to the quality of service.

Indemnification and limitation of liability

You agree to indemnify, defend and hold harmless Jaspital including but not limited to its affiliate agents and employees from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by us that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these Terms of Services. Further, you agree to hold us harmless against any claims made by any third party due to, or arising out of, or in connection with, your use of the website, any claim that your material caused damage to a third party, your violation of the terms of service, or your violation of any rights of another.

In no event shall Jaspital or its officers, directors, employees or partners be liable to you, or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not we have been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with your use of or access to the website, services or materials.
The limitations and exclusions in this section apply to the maximum extent permitted by applicable law.

Hosting of third party Information

The website hosts information,links to other websites or resourcesprovided by third parties. You acknowledge and agree that We are in no manner responsible to you for availability of such external sites or for the accuracy, legitimacy and trueness of the information so hosted. We take reasonable care to ensure such accuracy but we are not responsible for the information so furnished.Jaspital does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You are solely responsible for your dealings with such third parties and we encourage you to read the terms of use and privacy policies on such third-party websites.

You further acknowledge and agree that Jaspital shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such information, content, goods or services available on or through any such site or resource.

Compliance with law

All users shall comply with all the applicable laws (including without limitation to Information Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, and the rules made thereunder.

Intellectual Property Rights

All of Jaspital's trademarks, trade names, service marks, and other Jaspital logos and brand features, and product and service names are trademarks and the property of Jaspital.com (the "Jaspital Marks"). Without Jaspital's prior permission, you agree not to display or use the Jaspital Marks in any manner.

Disputes and jurisdiction

All disputes involving but not limited to rights conferred, compensation, refunds, and other claims will be resolved through a two-step Alternate Dispute Resolution mechanism.
a) Stage 1: Mediation. In case of a dispute, the matter will first be attempted to be resolved by a sole mediator who is a neutral third party and will be selected at the mutual acceptance of a proposed mediator by both parties. Both parties may raise a name for the sole mediator and in the case both parties accept the proposed name, the said person shall be appointed as sole mediator. In case the parties are not able to reach a consensus within two proposed mediators, the Company reserves the right to decide who the final mediator is. The decision of the mediator is not binding on both parties.

b) Stage 2: Arbitration. In case that mediation does not yield a result suitable or preferred by any one of the parties, arbitration may follow, the award of which is binding on both parties. The sole Arbitrator will be appointed by Jaspital. You also agrees that they You shall have no objection to Jaspital choosing the sole arbitrator. Arbitration shall be held at Delhi, India. The proceedings of arbitration shall be in Englishlanguage. The provisions of the Arbitration and Conciliation Act, 1996, shall govern the Arbitration proceedings. The arbitrator's award shall be final and binding on the Parties.

If the dispute cannot be resolved by this two-step Alternate Dispute Resolution mechanism, it shall be referred to the courts atDelhi, India

Posting comments and feedbacks

By submitting ideas, suggestions, documents, and/or proposals ("Feedbacks") to Jaspital through its feedback or query link, you acknowledge and agree that: (i) your Feedbacks do not contain confidential or proprietary information; (ii) Jaspital shall be entitled to use or disclose (or choose not to use or disclose) such Feedbacks for any purpose, in any way; (iii) your Feedbacks automatically become the property of Jaspital without any obligation of Jaspital to you; and you are not entitled to any compensation or reimbursement of any kind from Jaspital under any circumstances.

You should carefully consider whether to disclose any of our personal information in any public posting or forum or chat areas at the Website.

Contact Jaspital

If you have any questions about Terms of Services, the practices of Jaspital Digital Services Pvt. Ltd., or your experience with the Services, you can e-mail us at support@jaspital.com.













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