behealthE Terms and Conditions
WITH EFFECT FROM AUGUST 30 2015
behealthE is the author and publisher of the internet resource www.behealthE.com. behealthE owns and operates the services provided through the Website applications.
1.NATURE AND APPLICABILITY OF TERMS
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, authorised 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 those services made available by behealthE on the Website, which are offered to the Users (“Services”), including the following:
i.For Practitioners: Listing of Practitioners and their profiles and contact details, to be made available to 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 behealthE, and (iii) to make appointments with Practitioners.
The Services may change from time to time, at the sole discretion of behealthE, 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 help@behealthE.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, and such modifications shall be informed to you in writing You should 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 behealthE.
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 behealthE 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.
The terms in this paragraph 3 are applicable only to Users other than Practitioners.
3.1END-USER ACCOUNT AND DATA PRIVACY
3.1.2behealthE may by its Services, collect information relating to the devices through which you access the Website, and anonymous data of your usage. The collected information will be used only for improving the quality of behealthE’s services and to build new services.
3.1.2The Website allows behealthE to have access to registered Users’ personal email or phone number, for communication purpose so as to provide you a better way of booking appointments and for obtaining feedback in relation to the Practitioners and their practice.
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 behealthE will disclose such information; and,
iv.Other information mandated by the SPI Rules.
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.
3.1.5behealthE shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the User to behealthE or to any other person acting on behalf of behealthE.
3.1.7The 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 behealthE of any actual or suspected unauthorized use of the User’s account or password. Although behealthE will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of behealthE or others due to such unauthorized use.
3.1.8If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or behealthE has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, behealthE has the right to discontinue the Services to the User at its sole discretion.
3.1.9behealthE may use such information collected from the Users from time to time for the purposes of debugging customer support related issues.
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 behealthE 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, behealthE is not liable for any interruption that may be caused to your access of the Services.
v.The ‘SMS ‘provided by the Account is only a way of reminding you of the time of your appointment.
vi.It is your responsibility to keep your correct mobile number and email ID updated in the Account. The records will be sent to the account associated with this mobile number and/or email ID. Every time you change any contact information (mobile or email), we will send a confirmation. behealthE is not responsible for any loss or inconvenience caused due to yournon-updation of your contact details for the Account.
vii.behealthE uses industry–level security and encryption to your Account. However, behealthE cannot guarantee prevent unauthorized access if you lose your login credentials or they are otherwise compromised. Please safeguard your login credentials and report any actual suspected breach of account to support@behealthE.com.
viii.If you access your dependents’ record 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 dependants would have had had they maintained their own separate individual Health Accounts.
behealthE’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. These listings of Practitioners do not represent any fixed objective ranking or endorsement by behealthE. behealthE will not be liable for any change in the ranking of the Practitioners, which may take place from time to time. The listing of Practitioners will be based on automated computation of the various factors including inputs made by the Users including their comments and feedback. The ranking alogorithm is proprietary technology and cannot be disclosed in full. Such factors may change from time to time, in order to improve the listing algorithm. behealthE in no event will be held responsible for the accuracy and the relevancy of the listing order of the Practitioners on the Website.
3.3LISTING CONTENT AND DISSEMINATING INFORMATION
3.3.1behealthE 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 specialisation, qualification, fees, location, visiting hours, and
similar details. behealthE takes reasonable efforts to ensure that such information is updated at frequent intervals. Although behealthE screens and vets the information and photos submitted by the Practitioners, it cannot be held liable for any inaccuracies or incompleteness represented from it, despite such reasonable efforts.
3.3.2The Services provided by behealthE in the website are provided on an "as is" and “as available’ basis, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). behealthE does not provide or make any representation, warranty or guarantee, express or implied about the Website. behealthE does not guarantee the accuracy or completeness of any content or information provided by Users on the Website. To the fullest extent permitted by law, behealthE disclaims 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 behealthE or any User in relation to any User or services provided by such User.
3.3.3The Website may be linked to the website of third parties, affiliates and business partners. behealthE has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through our Website. Inclusion of any link on the Website does not imply that behealthE endorses the linked site. User may use the links and these services at User’s own risk.
3.3.4behealthE assumes 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, User’s sole remedy is to discontinue using the Website.
3.3.5If behealthE determines that you have provided fraudulent, inaccurate, or incomplete information, including through feedback, behealthE reserves the right to immediately suspend your access to the Website or any of your accounts with behealthE and makes such declaration on the website alongside your name/your clinic’s name as determined by behealthE for the protection of its business and in the interests of Users. You shall be liable to indemnify behealthE for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected behealthE or its Users.
3.4APPOINTMENT BOOKING AND INTERACTION WITH PRACTITIONERS
3.4.1.While behealthE will try to ensure a confirmed appointment for a End-User who requested an appointment on Website, behealthE does not guarantee that a patient will get a confirmed appointment. Further, behealthE has no liability if such appointment is
confirmed but later cancelled by Practices or Practitioners, or the Practitioners are not available as per the given appointment time.
3.4.3You understand and agree that any interactions and associated issues with other Users including but not limited to your health issues and your experiences is strictly between you and the other Users. You shall not hold behealthE responsible for any such interactions and associated issues. For avoidance of doubt, behealthE is not involved in providing any healthcare or medical advice or diagnosis and hence is not responsible for any outcome between you and the Practitioner you interact with, pursuant to any interactions on the Website. If you decide to engage with a Practitioner to provide medical services to you, you do so at your own risk. The results of any search you perform on the Website for Practitioners should not be construed as an endorsement by behealthE of any such particular Practitioner. behealthE shall not be responsible for any breach of service or service deficiency by any Practitioner. We cannot assure nor guarantee the ability or intent of the Practitioner(s) to fulfill their obligations towards you. We advise you to perform your own investigation prior to selecting a Practitioner.
3.4.4Without prejudice to the generality of the above, behealthE will not be liable for:
i.any wrong medication or treatment quality being given by the Practitioner(s), or any medical negligence on part of the Practitioner(s);
ii.any type of inconvenience suffered by the User due to a failure on the part of the Practitioner to provide agreed services or to make himself/herself available at the appointed time, no show by the Practitioner, 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 subsequent to using the services of a Practitioner, whom the User has selected on the basis of the information available on the Website or with whom the User has booked an appointment through the Website.
3.4.5Further, behealthE shall not be liable, under any event, for any comments or feedback given by any of the Users in relation to the services provided by another User. All such feedback should be made in accordance with applicable law. The option of Users to give feedback remains at behealthE’s sole discretion and may be modified or withdrawn at its sole discretion. behealthE may moderate such feedback at any time. behealthE shall not be obliged to act in any manner to give effect to the content of Users’ feedback, such as suggestions for delisting of a particular Practitioner from the Website.
3.5NO DOCTOR PATIENT RELATIONSHI NOT FOR EMERGENCY USE
3.5.1Please note that 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 behealthE 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.
3.5.2It is hereby expressly clarified that, the Information that you obtain or receive from behealthE, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Website is for informational purposes only. We make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, quality of work, expertise or other information provided on the Website. In no event shall we be liable to you or anyone else for any decision made or action taken by you in reliance on such information.
3.5.3The Services are not intended to be a substitute for getting in touch with emergency healthcare. If you are an End-User facing a medical emergency (either on your or a another person’s behalf), please contact an ambulance service or hospital directly.
3.7CONTENT OWNERSHIP AND COPYRIGHT CONDITIONS OF ACCESS
3.7.1The contents listed on the Website are (i) User generated content, or (ii) belong to behealthE. The information that is collected by behealthE directly or indirectly from the End- Users and the Practitioners shall belong to behealthE. Copying of the copyrighted content published by behealthE on the Website for any commercial purpose or for the purpose of earning profit will be a violation of copyright and behealthE reserves its rights under applicable law accordingly.
3.7.2behealthE authorizes the User to view and access the content available on or from the Website solely for ordering, receiving, delivering 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, "behealthE Content"), are the property of behealthE
and are protected under copyright, trademark and other laws. User shall not modify the behealthE Content or reproduce, display, publicly perform, distribute, or otherwise use the behealthE Content in any way for any public or commercial purpose or for personal gain.
3.7.3User shall not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
3.8REVIEWS AND FEEDBACK
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”) relating to Practitioners or other healthcare professionals. The role of behealthE in publishing Critical Content is restricted to that of an ‘intermediary’ under the Information Technology Act, 2000. behealthE disclaims all responsibility with respect to the content of Critical Content, and its role with respect to such content is restricted to its obligations as an ‘intermediary’ under the said Act. behealthE shall not be liable to pay any consideration to any User for re-publishing any content across any of its platforms.
Your publication of reviews and feedback on the Website is governed by Paragraph 6 of these Terms. Without prejudice to the detailed terms stated in Paragraph 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. behealthE, at its sole discretion, may choose not to publish your reviews and feedback, if so required by applicable law, and in accordance with Paragraph 6 of these Terms. You agree that behealthE may contact you through telephone, email, SMS, or any other electronic means of communication for the purpose of:
i.Obtaining feedback in relation to Website or behealthE’s services; and/or
ii.Obtaining feedback in relation to any Practitioners listed on the Website; and/or
iii.Resolving any complaints, information, or queries by Practitioners regarding your Critical Content;
and you agree to provide your fullest co-operation further to such communication by behealthE.
behealthE’s Feedback Collection and Fraud Detection Policy, is annexed as the Schedule hereto, and remains subject always to these Terms.
The terms in this paragraph 4 are applicable only to Practitioners.
4.1.1behealthE, directly and indirectly, collects information regarding the Practitioners’ profiles, contact details, and practice, and publishes these details on the Website. On a Practitioner’s request, behealthE may take down any part of such Practitioner’s profile on the Website, provided, however, that behealthE shall at no time be under any obligation to take down publicly available information about a Practitioner, his/her profile, contact details and/or practice. All information regarding the Practitioners’ profiles, contact details, and practice is collected for the purpose of facilitating interaction between and among End-Users, members of the public and Practitioners. If any information displayed on the Website in connection with you and your profile is found to be incorrect, you are required to inform behealthE immediately to enable behealthE to make the necessary amendments.
4.1.2behealthE shall not be liable and responsible for the ranking of the Practitioners on external websites and search engines.
4.1.4behealthE 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, behealthE shall not be liable if any inactive, inaccurate, fraudulent, or non- existent profiles of Practitioners are added to the Website.
4.1.5behealthE reserves the right to publish the User information to a third party, subject to prior explicit informed consent from the User.
4.1.7You 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 behealthE accepts no liability for the same.
4.2PROFILE OWNERSHIP AND EDITING RIGHTS
behealthE ensures easy access to the Practitioners by providing a tool to update your profile information. behealthE reserves the right of ownership of all the Practitioner’s profile and photographs and to moderate the changes or updates requested by Practitioners. However, behealthE 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 behealthE’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, behealthE may modify or delete parts of your profile information at its sole discretion with or without notice to you.
4.3REVIEWS AND FEEDBACK DISPLAY RIGHTS OF BEHEALTHE
4.3.1All Critical Content is content created by the Users of www.behealthE.com (“Website”) and the clients of behealthE customers and Practitioners, including the End-Users. As a platform, behealthE does not take responsibility for Critical Content and its role with respect to Critical Content is restricted to that of an ‘intermediary’ under the Information Technology Act, 2000. The role of behealthE and other legal rights and obligations relating to the Critical Content are further detailed in Paragraphs 3.6 and 6 of these Terms. behealthE’s Feedback Collection and Fraud Detection Policy, is annexed as the Schedule hereto, and remains subject always to these Terms.
4.3.2behealthE reserves the right to collect feedback and Critical Content for all the Practitioners, Clinics and Healthcare Providers listed on the Website.
4.3.3behealthE shall have no obligation to pre-screen, review, flag, filter, modify, refuse or remove any or all Critical Content from any Service, except as required by applicable law.
4.3.4You understand that by using the Services you may be exposed to Critical Content or other content that you may find offensive or objectionable. behealthE shall not be liable for any effect on Practitioner’s business due to Critical Content of a negative nature. In these respects, you may use the Service at your own risk. behealthE however, as an ‘intermediary, takes steps as required to comply with applicable law as regards the publication of Critical Content. The legal rights and obligations with respect to Critical Content and any other information sought to be published by Users are further detailed in Paragraphs 3.6 and 6 of these Terms.
4.3.5behealthE 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.
4.3.6If behealthE determines that you have provided inaccurate information or enabled fraudulent feedback, behealthE reserves the right to immediately suspend any of your accounts with behealthE and makes such declaration on the website alongside your name/your clinics name as determined by behealthE for the protection of its business and in the interests of Users. You shall be liable to indemnify behealthE for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected behealthE or its Users.
behealthE has designed the ranking algorithm in the best interest of the End-User and may adjust the ranking from time to time to improve the quality of the results given to the patients. It is a pure merit driven, proprietary ranking algorithm which cannot be altered for specific Practitioners. behealthE shall not be liable for any effect on the Practitioner’s business interests due to the rank of the doctor in the Ranking Algorithm.
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 behealthE.
5.BEHEALTHE REACH RIGHTS
behealthE 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, behealthE will not be liable for the accuracy of information or the claims made in the Sponsored Listings. behealthE does not encourage the Users to visit the Sponsored Listings page or to avail any services from them. behealthE 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 behealthE accepts no liability for the same.
6.RIGHTS AND OBLIGATIONS RELATING TO CONTENT
6.1As mandated by Regulation 3(2) of the IG Rules, behealthE 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 racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
iii.harm minors in any way;
iv.infringes any patent, trademark, copyright or other proprietary rights;
v.violates any law for the time being in force;
vi.deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
vii.impersonate another person;
viii.contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
ix.threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.
6.2Users are also prohibited from:
i.violating or attempting to violate the integrity or security of the Website or any behealthE Content;
ii.transmitting any information (including job posts, messages and hyperlinks) on or through the Website that is disruptive or competitive to the provision of Services by behealthE;
iii.intentionally submitting on the Website any incomplete, false or inaccurate information;
iv.making any unsolicited communications to other Users;
v.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;
vi.attempting to decipher, decompile, disassemble or reverse engineer any part of the Website;
vii.copying or duplicating in any manner any of the behealthE Content or other information available from the Website;
viii.framing or hot linking or deep linking any behealthE Content.
6.3behealthE, 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 on 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 Paragraphs 6.1 and 6.2 above, shall be entitled to remove or disable access to the material or information that is in contravention of this Paragraph 6. behealthE is entitled to act, as required by the IG Rules, within thirty six hours of obtaining such knowledge and, where applicable, work with Users to disable such information that is in contravention of applicable law. behealthE 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.
6.5behealthE 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. behealthE 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.
7.1behealthE 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.behealthE is unable to verify or authenticate any information provide to behealthE by a User;
iv.behealthE has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User; or
v.behealthE believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for behealthE or are contrary to the interests of the Website.
7.2Once 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.LIMITATION OF LIABILITY
In no event, including but not limited to negligence, shall behealthE, or any of its directors, officers, employees, agents or content or service providers (collectively, the “Protected Entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Website or the content, materials and functions related thereto, the Services, User’s provision of information via the Website, lost business or lost End-Users, even if such Protected Entity has been advised of the possibility of such damages. In no event shall the Protected Entities be liable for:
i.provision of or failure to provide all or any service by Practitioners to End- Users contacted or managed through the Website;
ii.any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Website;
iii.any unauthorized access to or alteration of your transmissions or data; or
iv.any other matter relating to the Website or the Service.
User agrees to indemnify and hold harmless behealthE, its affiliates, officers, directors, employees, consultants, licensors, agents, and representatives 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. behealthE 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.
10. APPLICABLE LAW AND DISPUTE SETTLEMENT
10.1 You agree that this Agreement and any contractual obligation between behealthE and User will be governed by the laws of India.
10.2Any 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 behealthE. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be Bangalore. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the parties to the dispute.
10.3 Subject to the above Paragraph 10.2, the courts at Bengaluru shall have exclusive jurisdiction over any disputes arising out of or in relation to this Agreement, your use of the Website or the Services or the information to which it gives access.
11.CONTACT INFORMATION GRIEVANCE OFFICER
11.1If a User has any questions concerning behealthE, the Website, this Agreement, the Services, or anything related to any of the foregoing, behealthE customer support can be reached at the following email address help@behealthE.com
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.
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 behealthE. Any consent by behealthE to, or a waiver by behealthE 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.