Term & Conditions

Term & & Conditions

Surgiwise (referred to as “we”, us”, “surgiwise”) is the author and publisher of the internet resource www.surgiwise.com on the world wide web and the mobile application ‘surgiwise’ (together, “ Website”). Surgiwise operates the services provided through the Website as well as other connected software and applications in partnership with its agents, affiliates, associates, representatives or other third parties (together referred to as “Partners”). 

1. NATURE AND APPLICABILITY OF TERMS

Please carefully go through these terms and conditions (“Terms”) and the privacy policy (“Privacy Policy”) before you decide to access the Website or avail the services offered by Surgiwise. These Terms and the Privacy Policy together constitute a legal agreement (“Agreement”) between you and Surgiwise in connection with your visit to the Website and your use of the Services (as defined below). The Agreement applies to you whether you are -

i. A medical practitioner or health care provider (whether an individual professional or an organization) or similar institution wishing to be listed, or already listed, on the Website, including designated, authorized associates of such practitioners or institutions (“Practitioner(s)”, “you” or “User”); or

ii. A patient, his/her representatives or affiliates, searching for Practitioners through the Website (“End-User”, “you” or “User”); or

iii. Otherwise a user of the Website (“you” or “User”).

This Agreement applies to the services made available by Surgiwise on the Website (“Services”), including the following:

i. For Practitioners: Listing of Practitioners and their profiles and contact details, made available for sharing with the other Users and visitors to the Website;

ii. For other Users: Facility to (i) create and maintain ‘Accounts’, (ii) search for Practitioners by name, specialty, and geographical area, or any other criteria that may be developed and made available by Surgiwise, and (iii) to make appointments with Practitioners.

Surgiwise reserves the right to change the services at its sole discretion, and the Agreement will apply to your visit to and your use of the Website to avail the Service, as well as to all information provided by you on the Website at any given point in time. This Agreement defines the terms and conditions under which you are allowed to use the Website 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 support@surgiwise.com.

By downloading or accessing the Website 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. You are strongly advised to read the Agreement at regular intervals. Your use of the Website 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 Website 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 Website or avail any Services.

Your access to use of the Website and the Services will be solely at the discretion of Surgiwise. The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but not limited to:

i. the Indian Contract Act, 1872,

ii. the (Indian) Information Technology Act, 2000, and

iii. the rules, regulations, guidelines and clarifications framed there under, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”)

2. CONDITIONS OF USE

You must be 18 years of age or older to register, use the Services, or visit or use the Website in any manner. By registering, visiting and using the Website or accepting this Agreement, you represent and warrant to Surgiwise that you are 18 years of age or older, and that you have the right, authority and capacity to use the Website and the Services available through the Website, and agree to and abide by this Agreement.

3. TERMS OF USE APPLICABLE TO ALL USERS OTHER THAN PRACTITIONERS

The terms in this paragraph 3 are applicable only to Users other than Practitioners.

3.1 END-USER ACCOUNT AND DATA PRIVACY

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 Surgiwise and its Partners may collect information relating to you, the devices through which you access the Website, location from which you access and anonymous data of your usage. The collected information will be used only for improving the quality of the Services, to build new services and for other business growth purposes.

3.1.3 The Website and App allow Surgiwise and its Partners to have access to Users’ email or phone number, for communication, improving delivery of Services, collecting feedback and analytical purposes.

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 Surgiwise 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, to ensure that he or she is aware of the following:

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 Surgiwise and its Partners shall not be responsible in any manner for the authenticity or correctness of the personal information or sensitive personal data or information supplied by the User to Surgiwise or any other person acting on behalf of Surgiwise or its Partners.

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 Website. 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 Surgiwise in case of any actual or suspected unauthorized use of the User’s account or password. Although Surgiwise will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses to Surgiwise 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 Surgiwise has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Surgiwise has the right to discontinue the Services to the User at its sole discretion.

3.1.9 Surgiwise and its Partners may use such information collected from Users from time to time to solve customer support related issues.

3.1.10 Surgiwise may now or in the future provide Services where you may be able to interact with Surgiwise, its authorized representatives, its doctors or similar stakeholders via online chat, text messages, video call or voice call. When you choose this option, the records of such conversations, calls or exchanges may be recorded and stored on Surgiwise or its Partner’s Servers. Such records are dealt with only by the terms of the Privacy Policy. Surgiwise and its Partners accept no liability if you choose to use such a facility to interact with doctors or clinicians or if the facility is not used in accordance with the foregoing.

3.1.11 The details which collected from the end-user/customer/you may be used to further communicate with you / them via call/email/SMS.

3.1.12 Surgiwise may provide End-Users with the facility to create an ‘Account’ on the Website and its mobile application ‘Surgiwise’.

The specific terms relating to such account are as below, without prejudice to the rest of these Terms and the Privacy Policy:

i. Your Account is only created after you have signed up and explicitly accepted these Terms.

ii. Information available in your 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

iii. Any Practice created information is provided on an as-is basis and Surgiwise 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 Account is provided on a best-efforts as-is basis. While we strive to maintain the highest levels of service availability, Surgiwise is not liable for any interruption that may be caused to your access of the Services.

v. It is Your responsibility to keep your correct mobile number and email ID updated in the Account. Surgiwise is not responsible for any loss or inconvenience caused due to your non-updation of your contact details for the Account.

vi. Surgiwise uses industry–level security and encryption to your Account. However, Surgiwise cannot guarantee to prevent unauthorized access if your login credentials are compromised in any way. Please safeguard your login credentials and report any actual or suspected breach of account to support@surgiwise.com.

vii. If you access your dependents’ records through your Account by registering your dependents with your own Account, you are deemed to be responsible for the records of your dependents and all obligations that your dependents would have had, had they maintained their own separate individual Accounts.

viii. In case you want to delete your Account, you can do so by accessing ‘Profile’ from within your Account. This will ensure that your account and any associated records will be deleted from the Account. This will however not delete your records stored by your doctor(s) and Practitioners.

3.2 RANKING ALGORITHM

Surgiwise’s ranking algorithm for the Practitioners is a fully automated system that lists the Practitioners, their profile and information regarding their Practice on its Website. The listing of Practitioners will be based on automated computation of the various factors including inputs made by the Users including their requirements, criteria, comments and feedback. Such factors may change from time to time, in order to improve the listing algorithm. Surgiwise will be held responsible for the accuracy and the relevancy of the listing order of the Practitioners on the Website.

3.3 LISTING CONTENT AND DISSEMINATING INFORMATION

3.3.1 Surgiwise collects, directly or indirectly, and displays on the Website, relevant information regarding the profile and practice of the Practitioners listed on the Website, such as their specialization, qualification, fees, location, visiting hours, and similar details. Such display of information about the Practitioners shall not be construed as advertising or soliciting their services. Surgiwise takes reasonable efforts to ensure that such information is updated at frequent intervals; and Surgiwise cannot be held liable in case any inaccuracies or incompleteness occur despite such reasonable efforts.

3.3.2 Surgiwise and its Partners do not provide or make any representation, warranty or guarantee, express or implied, about the Website or the Services. Surgiwise and its Partners do not guarantee the accuracy or completeness of any content or information provided by Users on the Website. To the fullest extent permitted by law, Surgiwise and its Partners disclaim all liability arising out of the User’s use or reliance upon the Website, the Services, representations and warranties made by other Users, the content or information provided by the Users on the Website, or any opinion or suggestion given or expressed by Surgiwise or its Partners or any User in relation to any User or services provided by such User.

3.3.3 The Website may be linked to the website of third parties, affiliates, and business partners. Surgiwise has no control over, and is not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through our Website. The inclusion of any link on the Website does not imply that Surgiwise endorses the linked site. Users may use the links and these services at the User’s own risk.

3.3.4 Surgiwise and its Partners assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect User’s equipment on account of User’s access to, use of, or browsing the Website or the downloading of any material, data, text, images, video content, or audio content from the Website. If a User is dissatisfied with the Website, the User’s sole remedy is to discontinue using the Website.

3.3.5 If Surgiwise determines through feedback or otherwise that you have provided fraudulent, inaccurate, incomplete or false information, Surgiwise reserves the right to immediately suspend your access to the Website or any of your accounts with Surgiwise and makes such declaration about suspension on the website alongside your name as determined by Surgiwise for the protection of its business and in the interests of its Users. You shall be liable to indemnify Surgiwise and its Partners for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected Surgiwise, its Partners or its Users.

3.4 BOOKING APPOINTMENTS AND INTERACTION WITH MEDICAL SERVICE PROVIDERS

3.4.1 While Surgiwise will try to ensure a confirmed appointment with a medical service provider (like a doctor or hospital) for a User who requested an appointment on the Website, Surgiwise or its Partners do not guarantee that the User will get a confirmed appointment. Further, Surgiwise and its Partners have no liability if such an appointment is confirmed but later cancelled, postponed or rescheduled by the hospital or medical service provider, or the medical service provider is not available as per the given appointment time.

3.4.2 Surgiwise or its Partners may provide value-added services that connect Users directly to the medical service providers via video call, voice call, text message, online chat or other electronic means and the information exchanged between the User and the medical service provider is stored and used as per the provisions of the Privacy Policy. However, it is at the discretion of the User, to avail such Service if it is available.

3.4.3 You understand and agree that any interactions and associated issues with other Users including but not limited to your health issues and your experiences are strictly between you and the other Users. You shall not hold Surgiwise or its Partners responsible for any such interactions and associated issues and Surgiwise will not be held responsible or liable for the same. Surgiwise and its Partners are not responsible for any medical or other outcomes between you and the medical service providers you interact with, according to any interactions on the Website. If you decide to engage with a medical service provider to provide medical services to you, you do so at your own risk. Surgiwise or its Partners shall not be responsible for any breach of service or service deficiency by any medical service provider you connect or engage with using the Website. We advise you to perform your investigation or get feedback before selecting a doctor or any other service provider available on the Website.

3.4.4 Without prejudice to the generality of the above, Surgiwise or its Partners will not be liable for:

i) any wrong medication or treatment quality being given by the doctor(s), the diagnostic service provider(s), hospital (s), or any medical negligence on part of the any of the above

ii) any type of inconvenience suffered by the User due to a failure on the part of the medical service provider including doctor to make himself/herself available at the appointed time, no show by the doctor, inappropriate treatment, or similar difficulties

iii) any misconduct or inappropriate behavior by the Practitioner or the Practitioner’s staff;

iv) cancellation or rescheduling of booked appointment or any variance in the fees charged

v) any medical eventualities that might occur after using the services of a doctor, diagnostic lab services or hospital, whom the User has selected based on the information available on the Website or with whom the User has booked an appointment or performed a transaction through the Website.

3.4.5 Further, Surgiwise shall not be liable, under any event, for any comments or feedback given by any of the Users about the services provided by another User. Please give your feedback in compliance with the applicable laws. The option of Users to give feedback remains at Surgiwise’s sole discretion and may be modified or withdrawn at its sole discretion. Surgiwise may moderate such feedback at any time. Surgiwise shall not be obliged to act in any manner to give effect to the content of Users’ feedback.

3.5 NO DOCTOR-PATIENT RELATIONSHIP FOR EMERGENCY USE

3.5.1 Some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, “Information”) that may be available on the Website (including information provided in direct response to your questions or postings) may be provided by individuals in the medical profession. The provision of such Information does not create a licensed medical professional/patient relationship, between Surgiwise and you and does not constitute an opinion, medical advice, or diagnosis or treatment of any particular condition, but is only provided to assist you with locating appropriate medical care from a qualified practitioner.

3.5.2 It is hereby expressly clarified that the Information that you obtain or receive from Surgiwise, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Website is for informational purposes only. In no event shall Surgiwise be liable to you or anyone else for any decision made or action taken by you in reliance on such information.

3.5.3 The Services are not intended to be a substitute for getting in touch with emergency healthcare. If you are a User facing a medical emergency (either on your or another person’s behalf), please contact an ambulance service, hospital, doctor or appropriate medical professional directly.

3.6 CONTENT OWNERSHIP AND COPYRIGHT CONDITIONS OF ACCESS

3.6.1 The contents listed on the Website are: (i) User generated content, or (ii) Belong to Surgiwise and its Partners. The information that is collected by Surgiwise directly or indirectly from the Users shall belong to Surgiwise and its Partners. Copying of the copyrighted content published by Surgiwise or its Partners on the Website for any commercial purpose or to earn profit will be a violation of copyright and Surgiwise and its Partners reserve their rights to take action under applicable law accordingly.

3.6.2 Surgiwise authorizes the User to view and access the content available on or from the Website solely for ordering, receiving, delivering, sharing, storing and communicating only as per this Agreement. The contents of the Website, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the Website (collectively, ‘Surgiwise Content’), are the property of Surgiwise or its Partners and are protected under copyright, trademark and other applicable laws. User shall not modify the Surgiwise Content or reproduce, display, publicly perform, distribute, or otherwise use the Surgiwise Content in any way for any public or commercial purpose or personal gain.

3.6.3 Users shall not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.

3.7 REVIEWS AND FEEDBACK

3.7.1 By using this Website, you agree that any information shared by you with Surgiwise or with any other person, medical service provider or anyone else using the Website, Services will be subject to our Privacy Policy. https://www.surgiwise.com/company/privacy-policy/

3.7.2 You are solely responsible for the content that you choose to submit for publication on the Website, including any feedback, ratings, or reviews (“Critical Content”). The role of Surgiwise in publishing Critical Content is restricted to that of an ‘intermediary’ under the Information Technology Act, 2000. Surgiwise disclaims all responsibility concerning the content of Critical Content, and its role concerning such content is restricted to its obligations as an ‘intermediary’ under the said Act. Surgiwise shall not be liable to pay any consideration to any User for re-publishing any content across any of its or its Partners platforms.

3.7.3 Your publication of reviews and feedback on the Website is governed by Clause 6 stated hereinafter. Without prejudice to the detailed terms stated in Clause 6, you hereby agree not to post or publish any content on the Website that (a) infringes any third-party intellectual property or publicity or privacy rights, or (b) violates any applicable law or regulation, including but not limited to the IG Rules and SPI Rules, or (c) includes any defamatory statement against Surgiwise or its Partners or medical professionals or other Users or any third party. Surgiwise, at its sole discretion, may choose not to publish your reviews and feedback, if so required by applicable law, and by Clause 3.3 of these Terms. You agree that Surgiwise may contact you through telephone, email, SMS, or any other electronic means of communication for:

i) Obtaining feedback about Website, Surgiwise’s services; and/or

ii) Obtaining feedback about any medical service providers on the Website; and/or

iii) Resolving any complaints, information, or queries by medical service providers regarding your Critical Content; and you agree to provide your fullest co-operation further to such communication by Surgiwise.

4. TERMS OF USE: PRACTITIONERS

The terms in this paragraph 4 are applicable only to Practitioners.

4.1 LISTING POLICY

4.1.1 Surgiwise, directly and indirectly, collects information regarding the Practitioners’ profiles, contact details, and practice. Surgiwise reserves the right to take down any Practitioner’s profile as well as the right to display the profile of the Practitioners, with or without notice to the concerned Practitioner. This information is collected for the purpose of facilitating interaction with the End-Users and other Users. If any information displayed on the Website in connection with you and your profile is found to be incorrect, you are required to inform Surgiwise immediately to enable necessary amendments to your profile.

4.1.2 Surgiwise shall not be liable and responsible for the ranking of the Practitioners on external websites and search engines.

4.1.3 Surgiwise shall not be responsible or liable in any manner to the Users for any losses, damage, injuries or expenses incurred by the Users as a result of any disclosures or publications made by Surgiwise, where the User has expressly or implicitly consented to the making of disclosures or publications by Surgiwise.

4.1.4 Surgiwise reserves the right to moderate the suggestions made by the Practitioners through feedback and the right to remove any abusive or inappropriate or promotional content added on the Website. However, Surgiwise shall not be liable if any inactive, inaccurate, fraudulent, or nonexistent profiles of Practitioners are added to the Website.

4.1.5 Surgiwise reserves the right to publish the User information to a third party, subject to prior explicit informed consent from the User.

4.1.6 Surgiwise may provide facility for direct communication between End-Users and Practitioners. Such phone calls/ video calls/ emails or other communication may be recorded and stored in Surgiwise’s servers. Such records are dealt with only in accordance with the terms of the Privacy Policy. Surgiwise accepts no liability if this facility is not used in accordance with the foregoing.

4.1.7 You as a Practitioner hereby represent and warrant that you will use the Services in accordance with applicable law. Any contravention of applicable law as a result of your use of these Services is your sole responsibility, and Surgiwise accepts no liability for the same.

4.2 PROFILE OWNERSHIP AND EDITING RIGHTS

Surgiwise ensures easy access to the Practitioners by providing a tool to update your profile information. Surgiwise reserves the right of ownership of all the Practitioner’s profile and photographs and to moderate the changes or updates requested by Practitioners. However, Surgiwise takes the independent decision whether to publish or reject the requests submitted for the respective changes or updates. You hereby represent and warrant that you are fully entitled under law to upload all content uploaded by you as part of your profile or otherwise while using Surgiwise’s services, and that no such content breaches any third party rights, including intellectual property rights. Upon becoming aware of a breach of the foregoing representation, Surgiwise may modify or delete parts of your profile information at its sole discretion [with / without] notice to you.

4.3 REVIEWS AND FEEDBACK DISPLAY RIGHTS OF SURGIWISE

4.3.1 All feedbacks, ratings and reviews (“Critical Content”) is content created by the Users of www.surgiwise.com (“Website”) and the clients of Surgiwise customers including the End-Users. As a platform, Surgiwise does not take responsibility for Critical Content.

4.3.2 Surgiwise reserves the right to collect feedback and Critical Content for all the Practitioners, Clinics and Healthcare Providers listed on the Website.

4.3.3 Surgiwise reserves the right but shall have no obligation to pre-screen, review, flag, filter, modify, refuse or remove any or all Critical Content from any Service.

4.3.4 Surgiwise reserves the right to moderate, publish, re-publish and use all user generated contributions and comments (including but not limited to reviews) posted on the Website as it deems appropriate (whether in whole or in part) for its product (s), whether owned or affiliated. Surgiwise shall not be liable to pay any considerations to any User for re-publishing any content across any of its platforms.

4.3.5 You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you may use the Service at your own risk.

4.3.6 Surgiwise will take down information under standards consistent with applicable law, and shall in no circumstances be liable or responsible for Critical Content, which has been created by the Users. The principles set out in relation to third party content in the terms of Service for the Website shall be applicable mutatis mutandis in relation to Critical Content posted on the Website.

4.3.7 If Surgiwise determines that you have provided inaccurate information or enables fraudulent feedback, Surgiwise reserves the right to immediately suspend any of your accounts with Surgiwise and makes such declaration on the website alongside your name/your clinic’s name/ your hospital’s name as determined by Surgiwise for the protection of its business and in the interests of Users. You shall be liable to indemnify Surgiwise for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected Surgiwise or its Users.

4.4 RANKING ALGORITHM

Surgiwise has designed the ranking algorithm in the best interest of the End User. It is a pure merit driven, proprietary ranking algorithm which cannot be altered for specific Practitioners. Surgiwise shall not be liable for any effect on the Practitioner’s business interests due to the rank of the doctor/ hospital/ clinic in the Ranking Algorithm.

4.5 INDEPENDENT SERVICES

Your use of each Service confers upon you only the rights and obligations relating to such Service, and not to any other service that may be provided by Surgiwise.

5. SURGIWISE RIGHTS

Surgiwise reserves the rights to display sponsored ads on the Website. These ads would be marked as “Sponsored Listings”. Without prejudice to the status of other content, Surgiwise will not be liable for the accuracy of information or the claims made in the Sponsored Listings. Surgiwise does not encourage the Users to visit the Sponsored Listings page or to avail any services from them. Surgiwise will not be liable for the services of the providers of the Sponsored Listings. You represent and warrant that you will use these Services in accordance with applicable law. Any contravention of applicable law as a result of your use of these Services is your sole responsibility, and Surgiwise accepts no liability for the same.

6. RIGHTS AND OBLIGATIONS RELATING TO CONTENT

6.1 As mandated by Regulation 3(2) of the IG Rules, Surgiwise hereby informs Users that they are not permitted to host, display, upload, modify, publish, transmit, update or share any information that:

i) belongs to another person and to which the User does not have any right to

ii) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or

iii) racially or ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, harmful to minors in any way or otherwise unlawful in any manner

iii) infringes any patent, trademark, copyright or other proprietary rights

iv) violates any law for the time being in force

v) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing

vi) impersonate another person

vii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource

viii) threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting any other nation.

6.2 Users are also prohibited from:

i) violating or attempting to violate the integrity or security of the Website or any Surgiwise Content

ii) transmitting any information (including job posts, messages, and hyperlinks) on or through the Website that is disruptive or competitive or prejudicial to the provision of Services by Surgiwise

iii) intentionally submitting any incomplete, false or inaccurate information making any unsolicited communications to other Users

iv) using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website

v) attempting to decipher, decompile, disassemble or reverse engineer any part of the Website

vi) copying or duplicating in any manner any of the Surgiwise Content or other information available from the Website

vii) making any unsolicited communications to other Users

viii) framing or hotlinking or deep linking any Surgiwise Content.

6.3 Surgiwise or its Partners, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information (as mentioned above) generated by Users, or of being notified by the appropriate Government or its agency that the Website is being used by the User to commit any unlawful act and/or is being used in violation of this paragraph 6, shall be entitled to remove or disable access to the material or information that is in contravention of paragraph 6. Surgiwise is entitled to act, and where applicable, work with Users to disable such information that is in contravention of applicable law. Surgiwise shall also be entitled to preserve such information and associated records for at least 90 (ninety) days for production to governmental authorities for investigation purposes.

6.4 In case of non-compliance with any applicable laws, rules or regulations, or the Agreement (including the Privacy Policy) by a User, Surgiwise has the right to immediately terminate the access or usage rights of the User to the Website, App and Services and to remove non-compliant information from the Website.

6.5 Surgiwise may disclose or transfer User-generated information to its affiliates or governmental authorities in such manner as permitted or required by applicable law, and you hereby consent to such transfer. Surgiwise will comply with any duly-issued government or court directions to disable access to the User-generated information, should it be found to be illegal by a competent governmental authority.

7. TERMINATION

7.1 Surgiwise reserves the right to suspend or terminate a User’s access to the Website and the Services with or without notice and to exercise any other remedy available under law, in cases where,

i. Such User breaches any terms and conditions of the Agreement;

ii. A third party reports violation of any of its right as a result of your use of the Services

iii. Surgiwise is unable to verify or authenticate any information provided to Surgiwise by a User;

iv. Surgiwise has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User; or

v. Surgiwise believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for Surgiwise or are contrary to the interests of the Website. 7.2 Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Website under the same account, a different account or re-register under a new account. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages, files and other material kept on the Website by such User. The User shall ensure that he/she/it has continuous backup of any medical services the User has rendered in order to comply with the User’s record keeping process and practices.

8. INTELLECTUAL PROPERTY RIGHTS

8.1 The contents of the Website and App are protected by intellectual property laws of India including without limitation to trademark and copyright laws. Reproduction, retransmission, public and/or commercial use of any or all the material on the Website and App are prohibited. The logos, service marks and trademarks (‘IP Marks’) displayed on the Website are the property of Surgiwise or its Partners or have been licensed to Surgiwise or its Partners by the relevant owners for use. The User may use this material only as expressly authorized by Surgiwise or its Partners and shall not copy, transmit or create derivative works of such material without express authorization from Surgiwise Care or its Partners.

8.2 The User acknowledges and agrees that they shall not upload, post, reproduce or distribute any content on or through the Website that is protected by copyright or another proprietary right of a third party, without obtaining the permission of the owner of such right. Any copyrighted or other proprietary content distributed on or through the Website with the consent of the owner must contain the appropriate copyright or other proprietary rights notice. The unauthorized submission or distribution of copyrighted or other proprietary content is illegal and could subject the User to personal liability or criminal prosecution. Nothing on the Website should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any trademarks without written permission from Surgiwise.

9. DISCLAIMER OF WARRANTIES

9.1 All information available on the Website, (the “Information”) is provided on the condition that the User will make an independent determination in respect of its accuracy, completeness or usefulness before use or making any decision for any loss or damage in reliance hereof. Surgiwise and its Partners will not be responsible for the same. Further Surgiwise and its Partners will not be responsible or liable in any manner for any data added, provided, stored or managed by the User including all personally identifiable information.

9.2 The Information does not constitute an invitation or recommendation to take medical services from Surgiwise or its Partners nor is such Information a substitute for professional advice or solicitation in respect of medical services/ products or recommendations thereof. Surgiwise urges the Users to seek the advice of professionals, as appropriate, regarding the evaluation of any specific opinion, advice, product, service, or other information.

9.3 All information on the Website is provided to you ‘as is’ ‘as available’ basis without warranty of any kind either express or implied including, but not limited to implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy. In no event shall Surgiwise or its Partners be liable for any special, direct, indirect or consequential damages or any damages whatsoever resulting from loss, whether in an action of contract, negligence or other tortuous action, arising out of or in connection with the use or performance of information. All information available on a hyper-link site and any third party are subject to the terms and conditions of the legal notices contained therein.

9.4 Surgiwise makes no representations or warranties that use of the Website will be uninterrupted or error-free. You are responsible for taking all necessary precautions to ensure that any content you may obtain from the Website is free of viruses or trojans.

10. LIMITATION OF LIABILITY

10.1 The information available on the Website could include inaccuracies or typographic errors. Surgiwise has endeavored to ensure that all the information on the Website is correct, but Surgiwise neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data or information contained. Surgiwise makes no warranty, express or implied, concerning the website and/or its contents and disclaims all warranties of fitness for a particular purpose and warranties of merchantability in respect of Services, including any liability, responsibility or any other claim, whatsoever, in respect of any loss, whether direct or consequential, to any user or any other person, arising out of or from the use of the information contained in the website.

10.2 In no event shall Surgiwise or its Partners be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from:

(a) the use or the inability to use the Services;

(b) unauthorized access to or alteration of the User’s transmissions or data;

(c) any other matter relating to the services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the website.

10.3 Neither shall the Company be responsible for the delay or inability to use the Website, Services or any related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Website, or otherwise arising out of the use of the Website, whether based on contract, tort, negligence, strict liability or otherwise. Further, Surgiwise shall not be held responsible for non-availability or access to the Website during periodic maintenance operations or any unplanned suspension of access to the Website that may occur due to technical reasons or for any reason beyond Surgiwise control. The user understands and agrees that any material and/or data downloaded or otherwise obtained through the website is done entirely at his/her discretion and risk and the User himself/herself will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data. These limitations, disclaimer of warranties and exclusions apply without regard to whether the damages arise from (a) breach of contract, (b) breach of warranty, (c) negligence, or (d) any other cause of action, to the extent such exclusion and limitations are not prohibited by applicable law. Surgiwise shall not be liable to the User for the above damages for more than an amount of INR 1.

11. INDEMNITY

User agrees to indemnify and hold harmless Surgiwise, its affiliates, officers, directors, employees, consultants, licensors, agents, representatives, medical service providers, doctors and Partners 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. Surgiwise 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.

12. APPLICABLE LAW AND DISPUTE SETTLEMENT

12.1 You agree that this Agreement and any contractual obligation between the Company and User will be governed by the laws of India.

12.2 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 Website or the Services or information to which it gives access, shall be determined by arbitration in India, before a sole arbitrator appointed by Surgiwise. Courts at Delhi shall have exclusive jurisdiction over any disputes arising out of or about this Agreement, your use of the Website or the Services or the information to which it gives access.

13. CONTACT INFORMATION GRIEVANCE OFFICER

If a User has any questions concerning the Company, the Website, this Agreement, the Services, or anything related to any of the foregoing, please write to us at info@surgiwise.com .

By the Information Technology Act, 2000, and the rules made thereunder, if you have any grievance concerning the Website or the Service, including any discrepancies and grievances concerning the processing of information, you can contact our Grievance Officer at:

6164, Pocket 6, Sector C, Vasant Kunj, New Delhi- 110070

14. SEVERABILITY

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 be interpreted 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.

15. WAIVER

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 Surgiwise. Any consent by Surgiwise to, or a waiver by Surgiwise 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.

YOU HAVE READ THESE TERMS OF USE AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE

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