By accepting these Terms and Conditions, I warrant that I have completed 18 years of age as on date of this agreement and that I have fully read and understood the Terms and Conditions as set forth in this agreement, without any impairment in judgment resulting from (but not limited to) mental illness, mental handicap, intoxication, medication, or any other health or other problem that could impair judgment.
I acknowledge that HealthGini, #4179, D. C. Road, Ambala Cantt – 133001, India. is the owner/ proprietor of the domain name and website, "www.healthgini.com" (hereinafter referred to as, "the website"). I also absolve professionals engaged /contracted by HealthGini who offer services through the website from any responsibility or liability whatsoever, for any medical, legal or financial events or outcomes related to services attained by me through the use of online, email, or telephonic consultation or any other form of communication. I also understand and use the website accepting that it is being provided on an as is basis. The website is not intended to be used to:
1. Treat or give diagnosis of a medical emergency or medical condition.
2. Advise or resolve legal, medical or financial issues outside the scope of what has been agreed or provided.
Information or advice provided on the Site by professionals should be used merely as a guide rather than a definitive recommendation to adopt any specific action or treatment. Nothing transmitted to or from this Site constitutes the establishment of a doctor-patient relationship between you and any professional providing information or advice through the site. The site is not intended to diagnose a medical condition
For all consultations including medical consultations in particular, before acting on any of the advice offered in/through the site, I should confirm that such action is applicable and suitable to me, by referring to my own medical practitioner or by obtaining a second and third opinion of other medical practitioners. The limitations associated with consultations or other services exclusive of physical examination, in person legal advice or onsite and extensive investigations are hereby accepted and agreed to by me. I further absolve from all liability, HealthGini and its owners, managers, directors, employees, panel doctors, consultants, agents, partners, advertisers and/ or affiliates from any legal responsibility for any incorrect or misleading information provided by any professional or contained within the Site.
HealthGini may, without giving notice can delete any account or information contained on the Site for any reason whatsoever.
The information on this Website (including but not limited to video consult, live chat, emails, phone support) is provided for general informational purposes only and SHOULD NOT be relied upon as a substitute for sound professional medical advice, evaluation or care from your physician or other qualified healthcare provider. Nothing on this Website should be used for treating or diagnosing a medical or health condition or for replacing any relationship with your physician or other qualified healthcare provider. The health information furnished on this Website and the interactive responses (if any) furnished by or through, this Website are not intended to or implied to be professional medical advice. I shall consult other sources and confirm the information contained within this Website. This shall include consulting my own physician regarding the applicability of any opinions or recommendations with respect to your symptoms or medical condition. For medical concerns, including decisions about medications and other treatments, I shall always consult my physician or other, qualified healthcare professional. In serious cases, I shall seek immediate assistance from emergency personnel. If I suspect that I have a medical problem or condition, I shall contact a physician or other qualified healthcare provider immediately. I SHALL NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING I HAVE READ ON THIS WEBSITE (including but not limited to video consult, live chat, emails, phone support). No medications, diet supplements or treatments as may be described on this Website shall be taken or begun without first consulting my physician or other healthcare provider.
It is my choice to decide to take Online homoeopathic treatment, guidance, advice, suggestion.
I understand/ agree that HealthGini makes no claim that the contents of the Site, such as text, graphics, images and information obtained from service providers and any other material contained on the Site (the "Content") is appropriate or may be downloaded in a particular jurisdiction. Access to the Site and Content may not be legal by certain persons or in certain states or countries. If you access the Site from outside India, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. Provisions relating to the liability of HealthGini and its licensors, user submissions, Indemnity, Jurisdiction, and Complete Agreement, survive the expiration or termination of these Terms and Use for any reason whatsoever.
The Content is for informational purposes only. The Content is not intended to be a substitute for face-to-face professional advice, diagnosis, or treatment. The user shall always seek the advice of an attorney, physician financial professional or such other professional within the users jurisdiction with any questions regarding a legal, medical or financial condition. Never disregard professional legal, medical or financial advice or delay in seeking it because of information provided by a professional through the Site. If you think you may have a medical emergency, call your doctor or emergency services immediately. HealthGini does not recommend or endorse any specific tests, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by any professional through the Site, HealthGini employees, others appearing on the Site at the invitation of HealthGini, or other visitors to the Site is solely at the users own risk.
The user agrees that the user will not use the Site to post any advertisement or other commercial message. The user further agrees that it will not post or attempt to post any content whatsoever on the website of HealthGini, which to the knowledge of the user is knowingly false, defamatory, inaccurate, abusive, harassing, obscene, sexually oriented or threatening message or material irrespective of whether the same is defamatory or illegally invasive of another person's privacy. If any complaint is received against a user to this effect, then upon receiving such complaint HealthGini will delete any inappropriate posts as quickly as possible.
The user agrees and affirms that the Content (excluding all correspondence between the user and professional through the messaging system, including any and all attachments) ("Copyright Content") is protected by copyright under Central and State laws of the republic of India, and foreign laws as applicable. Title to the Copyright Content remains with HealthGini or its licensors. Any use of the Copyright Content not expressly permitted by these Terms and Conditions is a breach of the Terms and Conditions and may violate copyright, trademark, and other laws. Inquiries or applications for permission to copy any Copyright Content otherwise than is permitted by these Terms and Conditions should be directed to firstname.lastname@example.org. Content and features on the Site, including these Terms and Conditions are subject to change or termination without notice in the editorial discretion of HealthGini. All rights not expressly granted herein are reserved to HealthGini and its licensors. If the user violates any of these Terms and Conditions, then the user's permission to use the Copyright Content automatically terminates and the user must immediately destroy any copies that the user has of any portion of the Copyright Content, lest the user shall be liable for infringement of copyright.
The user agrees that the user shall use the Site on his/ her own free will and shall not be guided in any manner including by way of any promotional emails, phone calls and advertisements from HealthGini and its affiliates and partners. The use of the Site and the Content is therefore entirely atthe users own risk. When using the Site, information will be transmitted over a medium which, in many cases, is beyond the control and jurisdiction of HealthGini and its suppliers. Accordingly, HealthGini assumes no responsibility or liability whatsoever for or relating to the delay or failure of delivery of data, interruption or corruption of any data or other information transmitted in connection with use of the Site. The Site and the Content are provided on an "as is" basis. HealthGini , its licensors, and its suppliers, to the fullest extent permitted by law, disclaim all warranties, either express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties' rights, and fitness for particular purpose. Specifically, HealthGini , its licensors, and its suppliers make no representations, warranties or guarantees about the following:
1. The accuracy, reliability, completeness, correctness, authenticity or timeliness of the Content, software, text, graphics, links, or communications provided to the user on or through the use of the Site.
2. The compliance by HealthGini, with government laws, rules, regulations and notifications in force in any country, or the laws of any jurisdiction with regard to the ability to use the Site or requiring disclosure of information contained on the Site.
The user agrees that, to the fullest extent permitted by law, neither HealthGini , its licensors, its suppliers, nor any third parties mentioned on the Site shall, in any event whatsoever, be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption, including any computer virus) resulting from the use or inability to use, by the user, of the Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not HealthGini is advised of the possibility of such damages.
To the extent permitted by law, all legal claims if any, arising in connection with the use by the user of the Site and any of its Content, shall be brought within one (1) year from the date of occurrence of the event giving rise to such action.
HealthGini does not endorse any professional and does not intend to be a source of advertising, solicitation or legal advice on the behalf of any professional. To the fullest extent permitted by law, HealthGini is not responsible for the content of linked third-party sites, sites framed within the Site, or third-party advertisements, and does not make any representations regarding their legality, content or accuracy. The user by the user of third-party websites is at the users own risk and subject to the terms and conditions of use for such sites. HealthGini does not endorse any product advertised on the Site.
All information available on this Website is not exhaustive and is provided "AS IS" and without any warranties of any kind, either express or implied. All implied warranties of merchantability and fitness for a particular purpose or use are hereby excluded. Disclaimer of Liability of the Medical Center, if any, for damages (including without limitation liability arising out of tort, strict liability, negligence, contract or patent or copyright infringement) shall not exceed the lesser of
(i) the fees paid, if any, to HealthGini for the particular information or service provided on this Website or
(ii) Rs.100 (Indian Rupees).
The HealthGini.com shall not be liable under any theory of indemnity. In no event shall HealthGini be liable for any damages other than the amount referred to above. All other damages, direct or indirect, special, incidental, consequential or punitive are hereby waived by the user to the fullest extent permitted by law, even if WelcomeCure.com has been advised of the possibility of such damages. The HealthGini expressly disclaims and DOES NOT WARRANT that the functioning of this Website will be uninterrupted or error freeor that they are correct; that any errors will be corrected; that any information on this Website is complete, accurate (although the Medical Center strives for accuracy), or timely (or will be updated); and that this Website, or the server that makes it available, is or will be free of viruses or other harmful components. The user is solely responsible for any damage to your computer system or loss of data that results from downloading any material from this Website.
The user EXPRESSLY ACKNOWLEDGE AND AGREE THAT HealthGini , ITS LICENSORS, SUPPLIERS AND BUSINESS PARTNERS ARENOT RESPONSIBLE IN ANY WAY AND IN ANY MANNER WHATSOEVER FOR THE RESULTS OF users DECISIONS RESULTING FROM THE USE OF THIS WEBSITE OR THE INFORMATION CONTAINED HEREIN, INCLUDING BUT NOT LIMITED TO, THE USER'S CHOOSING TO SEEK OR NOT TO SEEK PROFESSIONAL MEDICAL CARE, OR CHOOSING OR NOT CHOOSING SPECIFIC TREATMENT BASED ON THE INFORMATION ON OR ACCESSED THROUGH THIS WEBSITE (Including but not limited to video consult, Live Chat, Email, Phone).
The user agrees that the user is solely responsible for anything posted by him/ her on the Site. The user further agrees to defend, indemnify, compensate and hold HealthGini, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against all claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, the user's violation of these Terms and Conditions or any claims based upon the users posts/submissions on the Site. The user also consents to abide by the spam policies and undertakes one not to forward unsolicited mails using the "Refer a Friend" feature from HealthGini server to any of the users contacts without their prior consent. Failure to do so may result in cancellation of the users account with HealthGini.
The user also agrees and states that he/she has understand that the professionals that participate in the site may or may not be affiliated with, employed by or agents of HealthGini and that HealthGini makes no representations as to the qualifications of any of the physicians who participate in the network. Any listing, name, content, material of any professional or firm found on this site does not constitute any endorsement or recommendations. When deciding to take advice and/or hire any professional or firm, the user shall conduct a prior independent research as to the accuracy of the credentials expressed in the Content. The client agrees to pay an annual membership fee if applicable and the necessary consultation fee, pursuant to the schedule of memberships and fees set forth on the HealthGini website. HealthGini reserves the right to modify its pricing structure at any time and implement the new price structure at any time prior to billing the client for his or her initial payment or for future payments that are due pursuant to this agreement.
The client understands and agrees that none of the consultations can be cancelled.
The calendar as seen on the HealthGini is based on Indian Standard Time (I.S.T.). If a Client is outside of the IST time zone, it is that Client's responsibility, at the time of scheduling and at the time of attendance of their consultation, to accommodate for this difference. HealthGini will not refund or reschedule appointments based on an error made by the client regarding this issue.
HealthGini will not, under any circumstances, issue cash refunds or credits for early contract cancellation or refund payment for any consultation, once charged. If the Client has a question about charges made to your account, he or she should contact us immediately. If the charges were made in error, we will immediately credit the account or credit card account for the appropriate or corresponding amount. HealthGini has a zero-tolerance policy for chargebacks. Any Client who disputes a credit card payment that is found to be valid is subject to a fine, suspension and account termination subject to HealthGini's discretion. A minimum charge of Rs. 2000 per chargeback will be assessed for all accounts that receive a chargeback. Any chargeback fees, past due fees and costs will be sent to collections. If our collection efforts fail, unpaid debts will be reported to all available credit reporting agencies. Booking and cancelling an appointment within 24 hours at any particular point of time will not allow refund of the Consultation fee.
The user expressly agrees that exclusive jurisdiction for any dispute with HealthGini, or in any way relating to use of the Site, resides in the courts of India. The user further agrees and expressly consents to the exercise of personal jurisdiction in the courts of Mumbai, India in connection with any such dispute including any claim involving HealthGini or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.
These Terms and Conditions are governed by the internal substantive Indian laws of the land, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions at any one point of time shall be deemed as a further or continuing waiver of such term or condition or any other term or condition on a subsequent occasion.
These Terms and Conditions constitute the entire agreement between the parties and supercede all other agreements relating to this subject matter, and set out the complete legal relationship between HealthGini and the user arising from or connected with this subject matter. For the voidance of doubt, in the case of any conflict between these Terms and Conditions, and any other agreement, these Terms and Conditions will prevail over all or any of them.
HealthGini reserves the right to place any third party advertisements on the Site at any time and without notice or consent of the user or without attracting any liability in this regard. HealthGini reserves the right to charge HealthGini Account holders in the future with prior notice. HealthGini Account holders are not, however, obliged to pay for such account membership retrospectively. HealthGini reserves the right to release professionals' responses in circumstances where a client has paid (or a professional has waived) the requisite fee owing to technical difficulties, if and when necessary. HealthGini reserves the right to limit account holders use of HealthGini Accounts. Questions or comments regarding the Site should be directed by electronic mail to email@example.com.
The contents on the portal are provided by HealthGini for use by the online users as a quick reference of information about doctors, hospitals and other healthcare services providers. The listing of the doctors, hospitals and other healthcare services providers on the portal is not intended as a tool for verifying the credentials, qualifications, or abilities of any person or organization. Inclusion in the Directory Listing does not imply recommendation or endorsement nor does omission in the Directory Listing imply HealthGini disapproval. The Doctors in HealthGini medical panel are board certified practitioners (Registered Medical Practitioners)in their respective countries.
Any information provided by HealthGini employees including the doctors on helpline (video consulting, Phone, Live Chat and Email) will be provided to general public to make a more informed decision. HealthGini will not be responsible or liable in any manner whatsoever for any damages or any loss (including that of health, life, limb or livelihood) of any kind because of following the advice or instruction given by HealthGini employees, associates, contractors and online users.
The user is prohibited from republishing, selling, duplicating, or "scraping" for commercial or any other purpose whatsoever, the Directory Listing or any of the data or other information contained in the site, , in whole or in part, in any medium whatsoever, and all such information and content posted on the site either by HealthGini or any user or anyone else authorized by HealthGini to this extension, shall form exclusive property of HealthGini.
The user also agrees to always seek the advice of a physician or other qualified health provider with any questions that he/ she may have regarding a medical condition. The user further agrees never to disregard professional medical advice or delay in seeking it because of something that has been read on HealthGini's website or have had Live video consulting or online chat or phone call or Email communication with a HealthGini team member including the HealthGini doctors.
The Directory Listing is provided on an "AS-IS" basis. HealthGini disclaims all warranties, either express or implied, including but not limited to the implied warranties of merchantability and fitness for particular purpose. Without limiting the foregoing, HealthGini does not warrant or represent that the Directory Listing or any part thereof is accurate or complete. The user hereby assumes full responsibility for all communications made by the user with any doctor or hospital or other healthcare services providers contacted by the user through the Directory Listing. Further, HealthGini shall in no event be liable to the user or to anyone for any decision made or action taken by the user in the reliance on information provided on the portal of HealthGini. The user undertakes not to infringe upon or permit anyone to infringe upon any of the intellectual property rights of HealthGini in the site, in particular the data and content posted therein, and further undertakes to suitably compensate HealthGini in this regard for the loss or damage suffered by HealthGini due to the said infringement by the user and also indemnifies HealthGini to this effect.
The user undertakes to put HealthGini on notice, immediately upon coming to know of any infringement of the intellectual property rights of HealthGini, by any other user or by third parties.
Fair Usage policy:
HealthGini reserves the right to suspend a user's account if we detect unusual operations or malicious intention without any notice. And no explanation is needed by HealthGini to be given to the user.
HealthGini will not be liable for any damages of any kind arising from the use of this site or video consulting or phone service or email communication, including, but not limited to, direct, indirect, incidental, punitive or consequential damages.
I have read, acquainted myself and understood the above mentioned terms and conditions and that by using the HealthGini site and/or Portal and the Video Consulting, Phone and Email services, I agree to the Terms and Conditions set forth above.