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2.1. Users must be 18 (eighteen) years of age or older to register, or visit or use the Services in any manner. By registering, visiting or using the Services, you hereby represent and warrant to hCue that you are 18 (eighteen) years of age or older, and that you have the right, authority and capacity to use the Services and agree to and abide by this Agreement.
2.2. This Agreement is published in compliance of, and is governed by the provisions of Indian law, but not limited to:
2.2.1. the Indian Contract Act, 1872;
2.2.2. the Information Technology Act, 2000;
2.2.3. the rules, regulations, guidelines and clarifications framed thereunder, including the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 ("SPI Rules"); and
2.2.4. the Information Technology (Intermediaries Guidelines) Rules, 2011 (the "IG Rules").
2.3. The contents of the Services, information, text, graphics, images, logos, button icons, software code, interface, design and the collection, arrangement and assembly of the content on the Website, Mobile Applications or any of the other Services ("hCue Content"), are the property of hCue and are protected under copyright, trademark and other applicable laws. You shall not modify the hCue Content or reproduce, display, publicly perform, distribute, or otherwise use the hCue Content in any way for any public or commercial purpose or for personal gain.
2.4. All rights and liabilities of hCue with respect to any Services to be provided by hCue shall be restricted to the scope of this Agreement. In addition to this Agreement, you shall also ensure that you are in compliance with the terms and conditions of the third parties, whose links are contained/embedded in the Services. It is hereby clarified that hCue shall not be held liable for any transaction between you and any such third parties.
2.5. You understand that on your registration as a User on the Website or the Mobile Applications, you will receive text messages from hCue on your registered mobile number. These messages could relate inter alia to your registration, your activities on the Website or Mobile Applications and the promotions that are undertaken by hCue. These messages shall be sent by hCue only to your registered mobile number or such other contact number that you may designate, for any particular transaction. You shall be solely responsible to update your registered mobile number on the Website or the Mobile Applications in the event where there is a change. Further, hCue may also send you notifications and reminders with respect to your scheduled appointments. While hCue shall make every endeavour to share prompt reminders and notifications with you, hCue shall not be held liable for any failure to send such notifications or reminders to you. It shall be your responsibility entirely to ensure that you make yourself available at an appointment with a Healthcare Provider scheduled by you through the Website or the Mobile Applications.
2.7. While hCue shall strive to maintain high standards of security and shall provide the Services by using best efforts, any interruption that may be caused to your access or use of the Services shall not hold hCue liable.
2.9. Save for the provisions of Clause 3 which is specifically applicable to Healthcare Recipients and Clause 4, which is specifically applicable to Healthcare Providers, all other provisions of this Agreement are applicable to all Users of the Websites and/or the Mobile Applications, unless specifically mentioned otherwise.
3.1.1. For the purposes of viewing the details of, scheduling an appointment with and communicating with a Healthcare Provider, you shall be required to register yourself on the Website or the Mobile Applications by creating a username and a password. For the purposes of securing your registration, you shall be required to share certain details including, but not restricted to, your name, age, sex, email address and phone number. You understand that hCue may eventually introduce a fee on sign-up and such sign-up fee as and when introduced shall have to be paid by you and shall be non-refundable.
3.1.2. Registration on the Website or the Mobile Applications is one-time and you are required to remember your username and password details and keep the same confidential. In the event where you have misplaced your username and password details, you can retrieve and change the same using the "forgot username/password" option on the Website or on the Mobile Applications.
3.2.1. The Services shall enable you to communicate with verified Healthcare Providers of your choice. While engaging in such communication on the Website or the Mobile Applications, you agree to refrain from consulting the Healthcare Providers for advice on serious health conditions, emergencies or major illnesses. All communication engaged between you and the Healthcare Providers on the Website or the Mobile Applications shall be restricted to providing a brief description of your illness or the tests you intend to take and the scheduling of an appointment with him/her.
3.2.2. You acknowledge that you may be required to share certain medical information with Healthcare Providers which may be classified as sensitive personal data or information under the provisions of the SPI Rules. You agree that while you share such information, you shall do so exercising independent judgment and that hCue shall not be held responsible for any misuse, loss, or divulgence of the information that you have shared with Healthcare Providers by the Healthcare Providers or any third parties.
3.3. hCue authorises you to view and access the content available on the Services solely for identifying suitable Healthcare Providers, scheduling appointments with them, obtaining an electronic copy of your prescriptions, rescheduling follow-up appointments, obtaining an electronic copy of your diagnostic reports, and communicating with such Healthcare Providers. It is expressly clarified that the Website and the Mobile Applications should not be used in cases of medical emergencies and it is strongly encouraged that you verify any information which you have been provided with through the Website or the Mobile Applications.
3.4. Some of the information on the Website or Mobile Applications such as context, responses, text, data, graphics, images, information, suggestions, health tips, guidance, and other materials (collectively referred to as "Information") that may be available on the Website or the Mobile Applications may be provided by the Healthcare Providers. The provision of such Information does not create a licensed medical professional – patient relationship, between hCue and you and does not constitute an opinion, medical advice, diagnosis or treatment of any particular condition, but is only provided to assist you with locating appropriate medical care from a qualified practitioner. hCue makes no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, quality of work or expertise of the Healthcare Providers or with respect to any other Information provided on the Website or Mobile Applications. In no event shall hCue be liable to you or to anyone else for any decision made or action taken by you by relying on the advice rendered by a Healthcare Provider or by relying on the Information.
3.5. hCue does not recommend or endorse any advice rendered to you by any of the Healthcare Providers on the Website, the Mobile Applications, or in person. Any advice or opinions relating to medication, procedures, diagnosis, treatment, etc., is provided to you by the Healthcare Provider in his capacity as a qualified practitioner and any use of such advice or opinions by you should be made exercising independent judgment. hCue shall not be held liable for:
3.5.1. any prescription of incorrect medication or any inadequacy in the quality of the treatment provided to you by the Healthcare provider;
3.5.2. any inconvenience suffered by you owing to a failure on the part of the Healthcare Provider to provide the agreed services to you or his failure to make himself available at the appointed time;
3.5.3. any misconduct or inappropriateness in the behaviour of the Healthcare Provider or his support staff;
3.5.4. any change in the time of the appointment or any cancellation thereof by the Healthcare Provider;
3.5.5. any incorrect findings made in a diagnosis or in carrying out medical examinations;
3.5.6. any variation in the fee quoted; or
3.5.7. any contingencies that may occur pursuant to you visiting the Healthcare Provider including further sickness, terminal illness or death.
3.6. hCue shall use its best efforts to verify the authenticity of the Healthcare Providers. However, hCue shall not be held liable for any incorrect or misleading details of Healthcare Providers mentioned on the Website and/or the Mobile Applications.
4.1.1. For the purposes of viewing the details of Healthcare Recipients, accepting or declining appointments, rescheduling or cancelling appointments, sharing prescriptions, diagnostic reports, and communicating with a Healthcare Recipient, you shall be required to register yourself on the Website or the Mobile Applications by creating a username and password. For the purposes of securing your registration, you shall be required to share certain details including, but not restricted to, your name, age, sex, email address, clinic/diagnostic centre/hospital address, phone number and professional license number, if any. You understand that hCue may eventually introduce a fee on sign-up and such sign-up fee as and when introduced shall have to be paid by you and shall be non-refundable.
4.1.2. Registration on the Website or the Mobile Applications is one-time and you are required to remember your username and password details and keep the same confidential. In the event where you have misplaced your username and password details, you can retrieve the same using the "forgot username/password" option on the Website or on the Mobile Applications.
4.2. hCue reserves the right to moderate the communication exchanged between you and the Healthcare Recipients by providing feedback from time to time. hCue further reserves the right to remove any abusive, inappropriate, offensive or promotional content added by you on the Website or the Mobile Applications.
4.3. hCue shall provide the Healthcare Recipients with an option to share their feedback on their experience with you and accordingly rate you on the Website or on the Mobile Applications. While hCue will use best efforts to moderate such feedback shared by the Healthcare Recipients on the Website or on the Mobile Applications, hCue shall not be liable for any inappropriate or offensive feedback shared by the Healthcare Recipient and for your aggregate individual ranking.
4.4. hCue is merely a technology platform which assists in linking you with potential Healthcare Recipients and is not guaranteeing or promising any fixed or assured benefits that may accrue to you in using the Services. Further, you acknowledge that hCue has no means to verify the genuineness of Healthcare Recipients and hence, hCue shall not be held liable for any loss or damage suffered by you in using the Services to network and/or meet with Healthcare Recipients.
4.5. You, as a Healthcare Provider represent and warrant that you will use the Services strictly in accordance with applicable law. Any contravention of applicable law as a result of your use of these Services is your sole responsibility and hCue shall accept no liability for the same.
5.1. As mandated under the provisions of Regulation 3(2) of the IG Rules, hCue hereby informs you that you are prohibited from hosting, displaying, uploading, modifying, publishing, transmitting, updating or sharing any information that:
5.1.1. belongs to another person and to which you do not have any right;
5.1.2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise harmful in any manner whatsoever;
5.1.3. harms minors in any way;
5.1.4. infringes any patent, trademark, copyright or other proprietary rights;
5.1.5. violates any law for the time being in force;
5.1.6. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
5.1.7. impersonates or defames another person; and
5.1.8. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource.
5.2. You are also prohibited from:
5.2.1. violating or attempting to violate the integrity or security of the Website, the Mobile Applications or the hCue Content;
5.2.2. transmitting any information on or through the Website and the Mobile Applications that is disruptive or competitive to the provision of Services by hCue;
5.2.3. intentionally submitting on the Website or Mobile Applications, false or inaccurate information;
5.2.4. using any engine, software, tool, agent or other mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website or Mobile Applications;
5.2.5. attempting to decipher, decompile, disassemble or reverse engineer any part of the Website or Mobile Applications; and
5.2.6. copying or duplicating in any manner any of the hCue Content.
5.3. hCue may disclose or transfer information provided by you to its affiliates in other countries, and you hereby consent to such transfer. The SPI Rules only permit hCue to transfer sensitive personal data or information under the SPI Rules including any information, to any other body corporate or a person in India, or located in any other country, that ensures the same level of data protection that is adhered to by hCue as provided for under the SPI Rules, only if such transfer is necessary for the performance of the lawful contract between hCue or any person on its behalf and the user or where you have consented to such data transfer.
6.1. All information in relation to Healthcare Providers and other third parties as available on the Website or the Mobile Applications (collectively referred to as "Third Party Information") are provided solely for the purpose of your reference. hCue is not endorsing the Third Party Information and is not responsible for any errors and representation nor is it associated with it and you shall access the Third Party Information at your own risk.
6.2. Further, it is up to you to take sufficient precautions to ensure that whatever links you select or prescriptions, reports or other documents you download or upload, whether from the Website, Mobile Applications, or other Services, is free of such items such as, but not limited to, viruses, worms, Trojan horses, defects and other items of a destructive nature.
7.1. All the intellectual property used on the Website or Mobile Applications by hCue or the Healthcare Provider shall remain the property of hCue or the Healthcare Providers, as the case may be. Except as provided in this Agreement, the materials may not be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted or transmitted in any form by any means, including but not limited to, electronic, mechanical, photocopying, recording or other means, without the prior express written permission of hCue.
If a User wishes to remove his/her/its contact information from all hCue's lists and newsletters, the User can click on the "unsubscribe" link or follow the instructions in each e-mail message. Alternatively, the User can contact hCue at [?]. hCue reserves the right to limit membership based on availability of contact information. All Users will be notified by email prior to any actions taken.
8.1. You warrant to hCue that you will comply with all applicable laws, statutes, ordinances and regulations regarding the use of hCue's Services and any other related activities. You further warrant that you will not use the Website or the Mobile Applications in any way prohibited by terms contained in this Agreement or under applicable law.
9.1. You hereby acknowledge that hCue provides a platform for solely linking Healthcare Recipients with Healthcare Providers, and therefore may not be held responsible in any way for any lack or deficiency of the services provided by any Healthcare Providers you choose to engage or consult with via the Services. Therefore, hCue is not liable for any errors, omissions, representations, warranties, breaches or negligence of any of the Healthcare Providers or for any personal injuries, death, or other damages or expenses resulting therefrom.
9.2. hCue does not provide or make any representation, warranty or guarantee, express or implied about the Website or the Services.
9.3. hCue shall not be liable for any damages suffered owing to a cancellation or reschedule of an appointment by a Healthcare Provider. hCue shall also not be responsible to provide any updates on any appointments with Healthcare Providers made through the Website or the Mobile Applications.
9.4. The maximum liability of hCue, in respect of any Services provided, shall be limited to a maximum of INR 1,000 (Indian Rupees one thousand).
10.1. You hereby agree to indemnify and hold harmless hCue, its affiliates, officers, directors, employees, consultants, licensors, agents and representatives from any and all third party claims, losses, damages, and/or costs (including reasonable attorney fees and costs) arising from (i) your access to or use of the Services; (ii) violation of this Agreement; (iii) infringement, or infringement by any other user of your account with hCue; and (iv) infringement of any intellectual property or other right of any person or entity. hCue shall notify you promptly of such claim, loss, liability, or demand, and in addition to your foregoing obligations, you agree to provide hCue with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage or cost.
11.1. In accordance with the provisions of the SPI Rules, any grievances which you may have with respect to the Website, the Mobile Applications or any other Services, may be directed by you to the grievance officer of hCue who can be contacted at the below mentioned coordinates:
Email Address: [?]
12.1. If any provision of this Agreement is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision and the remaining part of such provision and all other provisions of this Agreement shall continue to be in full force and effect.
13.1. This Agreement will remain in full force and effect while you use any Service in any form or capacity.
13.2. hCue reserves the right to terminate its Services provided to you in the event of breach of any terms contained in this Agreement, misrepresentation of information, any unlawful activity or is unable to verify or authenticate any information you submit to hCue.
13.3. Clauses under the headings 'user covenants', 'liability', 'indemnity', 'intellectual property rights', 'dispute resolution', and 'notices' shall continue to survive the termination of this Agreement.
14.1. This Agreement and any contractual obligation between hCue and you shall be governed by the laws of India, subject to the exclusive jurisdiction of the courts at Chennai, Tamil Nadu.
14.2. All disputes will be subject to arbitration at Chennai, Tamil Nadu, in English by a single arbitrator appointed by hCue under the (Indian) Arbitration and Conciliation Act, 1996.
15.1. All notices and communications shall be in writing, in English and shall be deemed given if delivered personally or by commercial messenger or courier service, or mailed by registered or certified mail (return receipt requested) or sent by email, with due acknowledgment or complete transmission to the following address:
Postal Address: [?]
Email Address: [?]
16.1. Headings, subheadings, titles, subtitles to clauses, sub-clauses and paragraphs are for information only and shall not form part of the operative provisions of this Agreement and shall be ignored in construing the same.
16.2. Words denoting the singular shall include the plural and words denoting any gender shall include all genders.
16.3. The words "include" and "including" are to be construed without limitation.