Terms of Services
Introduction
This website, www.drbatras.com ("Website") is owned and managed by Dr. Batras' Positive Health Clinic Private Limited ("DBL"). It is clarified that the term 'DBL' shall include its affiliate and associate companies, directors, officers, employees or cyber doctors. All references to the Website shall be deemed to mean a reference to DBL and vice versa, as the context may require. Except as stated herein, DBL is the sole owner of all information and content provided on the Website. Any person accessing the Website and/or availing of the services provided by DBL through the Website shall be referred to as "the User".
Information on the Website
In spite of the DBL's best efforts, the information on the Website may become outdated although, efforts will be made to correct the errors and keep the content updated. Also, the information and materials on the Website are provided on "as is" basis. DBL will make best possible endeavours to provide satisfactory, accurate and useful information as a response to any query. DBL offers online resources designed to provide health, medical, and product-related information and services such as chat with doctor, online discussion forums, communities, counselling services, phone consultations and e-mail communication etc. The content on the Website and the advice of the DBL's cyber doctors is not intended to be, nor is it a substitute for professional medical advice/attention, diagnosis or hands on treatment. In the event that the User finds an error or omission at this site it may inform the Website of the same.
The content on the Website and the advice of DBL's cyber doctors is not intended to be, nor is it a substitute for professional medical advice/attention, diagnosis or hands on treatment. Further, the Website and its facilities are not intended to replace a doctor's judgment or the care and treatment that only a qualified healthcare provider may give upon due clinical examination of symptoms and/or co-relation of reports with such examination. The User shall provide full and complete information pertaining to the ailment (including but not limited to the User's medical history). The DBL shall be entitled to presume that the said information provided by you is true and correct. DBL does not (expressly or impliedly) guarantee the accuracy, integrity or quality of any information, response advice or medicines prescribed/ sold to you. DBL shall not be bound in any manner by any information contained on the Website.
Usage of the Website
The User shall not under any circumstances whatsoever use the Website to send or post any messages or any material that is defamatory, unlawful, abusive, harassing, indecent, harmful, threatening, vulgar, obscene, sexually orientated, racially offensive, profane, pornographic or violates any applicable law. The User understands that the Website may not be accessible or access may be interrupted due to technical difficulty or otherwise. DBL is not and shall not be responsible for any delay/ failure by the User to access the Website and/or any error/ omissions owing to such delay/ failure.
The User warrants and represents to DBL that the User is legally entitled to access the Website and avail of the services available. The User is not a minor and is competent to contract and/ or agree and understand the terms of these Terms of Service, Disclaimer and Privacy Policy.
The User expressly agrees and permits DBL to contact him/her via the contact number / e-mail addresses provided, from time to time for promotions, feedback, surveys that may be carried out by DBL.
The User has voluntarily chosen homeopathic medical treatment. The User is aware of and understands the negative & positive side effects, expectation of improvement in health and the period of reasonable treatment.
DBL may in its sole discretion be entitled to block / deny access to any person under any circumstances whatsoever, without giving any prior notice. Payment Terms
The User understands and agrees that the services furnished by DBL shall commence on payment of fees for premium services. DBL shall be entitled to terminate the services furnished to the User in case of non-payment or delay or payment.
Family plan inclusions
Definition of Family: Immediate family members not exceeding 5 members being Husband, Wife, Parents and Children. The treatment charges will be annual and the package will depend on the number of family members, as mentioned herein above.
Interactive Areas
DBL provides certain services such as bulletin boards, discussion forum, chat rooms and other interactive areas ("Interactive Areas") on the Website. Any information you reveal in the Interactive Areas, including but not limited to any public forum is not subject to this Privacy Policy and can be seen by third parties unrelated to DBL. It is therefore important that you carefully consider what information you disclose in these Interactive Areas.
Further, DBL can not and does not control the acts and comments of the other users of the Website's services or monitor the accuracy of postings by such users. If communications in such Interactive Areas are not in conformity to these Terms of Service, Disclaimer or the Privacy Policy, DBL shall solely be entitled to investigate the allegation and remove or request the removal of the communication.
DBL reserves the right (but is not obligated) to edit or delete any communication posted on the Website, regardless of whether such communication violate these standards for content or for any other reason whatsoever.
The views expressed by the users of the Website (including but not limited to the Interaction Areas) are that of the users and DBL does not subscribe to or agree with the contents therein in any manner whatsoever. DBL cannot and does not assume any responsibility for any actions or omissions of third parties, including other website users and the manner in which they might use information received from DBL.
Intellectual Property Rights
DBL is solely entitled to the trade marks, names, logos and service marks, copyrights and all other intellectual property rights including but not limited to the software, application, graphics, text and other materials used therein. Nothing contained on the Website should be construed as granting any licence or right to use any trade mark without the prior written permission of DBL. Any other material displayed on the Website that is capable of being protected as intellectual property shall be the property of DBL and nothing contained on the Website should be construed as granting any licence or right to use any such material without the prior written permission of DBL.
Third party websites
Please note that the Website may link you to third party websites maintained by others on the internet. These links are provided solely as a convenience to Users. References to any entity, product, service, procedure, opinion or source of information should not be considered an endorsement, either direct or implied. In the event that you access any third party website through the Website, DBL highly recommends that you consult the respective privacy policy, disclaimer and terms of use/service of that website. The links to third party websites are provided solely as a convenience to you and not as an endorsement by DBL of the content on such third-party websites. DBL can not take responsibility for information found on third party websites and if you decide to access linked third-party websites, you may do so at your own risk. DBL does not and can not control the contents and activities of other websites. No hypertext links shall be created from any website controlled by the User or otherwise to the Website without the express prior written permission of DBL. The User is to contact DBL if it would like to link the Website or would like to request a link to its website.
Disclaimer
DBL expressly disclaims any responsibility with respect to the completeness, accuracy and fitness of the responses given vide the Website (through e-mail or otherwise). No warranty or representation of any kind, express or implied, is given by or on behalf of DBL that the responses to the queries, shall be appropriate, secure, reliable and free-from-error.
DBL shall not be liable for any negligence (including gross negligence), loss, injury or damage (including without limitation direct, indirect, consequential, special, exemplary or punitive loss, injury or damage) suffered by anyone on account of the use/performance of the information, response, advice furnished to you (via e-mail or otherwise), any action or lack of action by the User and/ or medicines prescribed/ sold to the User. DBL's liability shall not under any circumstances whatsoever exceed Rs.1,00,000 (Rupees One Lakh only).
DBL shall not be responsible in case of any false/ misleading information/ statement made by the User during any sort of interaction with the DBL or the Website.
Please note that health is the result of many factors, some of which are not yet fully understood and therefore it is important to rely only on the advice of a health care professional to advice on any specific condition/situation. The results and duration of treatment may vary depending on the constitution of the human body. The response to any query should not be relied upon as suggesting a course of treatment and it can not replace/substitute regular medical check-ups in any manner whatsoever.
Indemnity
The User indemnifies and shall hold safe harmless indemnified DBL against any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the Website use of its services, in any manner whatsoever.
Sharing of User information
The User hereby agrees and understands that DBL shall be entitled to share the information of the User with its affiliates and associate companies, directors, officers, employees or cyber doctors, if and when required. The User does not and shall not have any objection with DBL sharing such information. All information posted/ furnished by the Users on this Website shall solely belong to DBL. For more details pertaining to rights, usage and sharing the User's information kindly refer to the Privacy Policy.
Entirety
These Terms of Service, Disclaimer and the Privacy Policy constitute the entire understanding and agreement between the User and DBL. There are no understandings, representations or warranties (whether written or oral) except as expressly set forth or referred to herein.
Alteration
DBL reserves the right at any time to change or discontinue without notice, any aspect or feature of the Website. The User expressly agrees and undertakes to be bound to the current version of the relevant terms and conditions (the "current version") as and when updated/altered. The User shall be solely responsible for reviewing these Terms of Service each time it visits the Website. DBL shall not be bound to notify any change in these Terms of Service, Disclaimer and the Privacy Policy.
Waiver
No delay, forbearance or indulgence in exercising or omission to exercise any right, power or remedy accruing to DBL upon any default by the User shall impair any such right, power or remedy or shall be construed to be a waiver thereof or any acquiescence to such default, nor shall the action or inaction of the Investor in respect of any acquiescence by them in any default, affect or impair any right, power or remedy of the Investor in respect of any other default.
Assignment
DBL shall be entitled to assign all its rights and obligations arising out of or in relation to the Terms of Service, Disclaimer and Privacy Policy to any third party, as it may in its sole discretion decide.
Severability
If one or more of the provisions of the Terms of Service, Disclaimer and the Privacy Policy hereof shall be void, invalid, illegal or unenforceable in any respect under any applicable law or decision, the validity, legality and enforceability of the remaining provisions herein contained shall not be affected or impaired in anyway.
Arbitration
If any dispute, difference, claim or question shall at any time arise between DBL and you, in relation to the use of the Website (in any manner whatsoever) such dispute, difference, claim or question shall be referred to arbitration. DBL and you shall mutually appoint a sole arbitrator. Such arbitration shall be held in accordance with the provisions of the Arbitration and Conciliation Act, 1996 or any statutory modification or re-enactment thereof. The venue of arbitration shall be Mumbai and the proceedings shall be in the English language.
Governing Law and Jurisdiction
These Terms of Service shall be governed by the laws of India and the courts in Mumbai shall have exclusive jurisdiction. ÂÂ
Contact us
Should the User have other questions or concerns about these Terms of Service, the User should write to DBL's registered office at 2nd Floor, H. Kantilal Compound, Andheri - Kurla Road, Sakinaka, Andheri (E), Mumbai - 400071, Maharashtra, India, or call us at +91.22.3367.1200, or send an e-mail to [email protected]
Acceptance by User
The User agrees and undertakes that the User has read and understood these Terms of Service, Disclaimer and the Privacy Policy. By using this website, you agree that the exclusions and limitations of liability set out in this Terms of Service, Disclaimer and the Privacy Policy are reasonable. If you do not think these are reasonable, you must not use this website. The User must first agree to these Terms of Service in order to access the Website and use its services. The User should not use the services available on the Website if you do not accept and agree to these Terms of Service.
In the event that the User is not 18 years old or is incapable of entering into a contract under the Indian laws or other countries including the country in which the User is resident or from which the User uses the services available on the Website. The User agrees that it is acting on its free will and consents to the contents herein.
DBL strongly recommends that the User prints and saves a local copy of these Terms of Service, Disclaimer and the Privacy Policy before proceeding to use the services of the Website.
The User can accept and agree to the Terms of Service by clicking on 'I accept'.