Terms and Conditions

Terms and Conditions - KhojHealth

1. Preamble

By accessing KhojHealth.com you expressly consent to the Terms and Conditions hereafter referred to as "GTC" and agree to comply with the same. All KhojHealth services come under the purview of applicable LISTING guidelines i.e. listing policy for all our services. These listing policies may change without intimation from time to time and in accordance with periodic reviews. Policies changed are effective from the date they have been posted on the website. Therefore, Users may wish to periodically review this page to make sure you have the latest version. Should you object to any of the mentioned GTC, either in part or whole; please stop using our site immediately. Every eligible person accessing our web site would be hereinafter referred to as the "User" and every eligible person registering on our web site would be hereinafter referred to as the "Member". However, the meaning of the term User and Member for the purpose of this GTC is interchangeable and refers to both the capacities as synonymous.
By using or logging on to KhojHealth, Users and Members accept the following General Terms and Conditions (hereinafter referred as "GTC") for using KhojHealth.
KhojHealth operates under the name KhojHealth (www.KhojHealth.com). KhojHealth is a fully owned subsidiary of Medigrity Innovations Private Limited, with its registered office at 3-6-671/102, Street Number 10, Himayatnagar, Hyderabad 500 029, Andhra Pradesh, India. KhojHealth is a FREE healthcare information portal for healthcare service seekers and healthcare service providers. It offers an online appointment system with affiliated Doctors and serves as a directory for Physicians, Surgeons, Medical Hospitals, Medical Colleges, Diagnostic Facilities, Blood banks and specialty health centers.
These GTC shall govern the contract relationship between the User and KhojHealth, the parent company (Medigrity Innovations Private Limited) also being a party to the GTC.

2. Site content for informational purpose and not to be substituted as Medical Advice

The contents of the KhojHealth site, such as text, graphics, images, information obtained from KhojHealth's licensors, and other material contained on the KhojHealth site ("Content") are for informational purposes only. The content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the KhojHealth site. Please consult a Doctor immediately, if you think you have a medical emergency.
For any additional information, please contact KhojHealth on www.khojhealth.com/contact.

3. Children's Privacy

The services provided by KhojHealth are intended exclusively for persons of legal age. KhojHealth is not intended or designed to attract children under the age of 18. We do not collect personally identifiable information from any person we actually know is a minor.

4. Subject Matter

Any use of the services and contents offered on the KhojHealth Website beyond the scope of options provided by KhojHealth requires the prior written consent of KhojHealth.
KhojHealth shall only make data and/or information provided by the User available for other uses provided that this data and/or information does not violate any laws or these GTC. KhojHealth is entitled to remove any illegal or prohibited data and/or information from KhojHealth Website without prior notice to the User.
The User acknowledges and agrees that it is technically impossible to achieve 100% availability of the KhojHealth Website. KhojHealth shall nonetheless strive to keep KhojHealth Website available without interruption. Events related to maintenance, security or capacity requirements, and/or events beyond KhojHealth's control (e.g. disruptions in public communication networks, power failures etc.), may result in brief malfunctions or temporary interruptions of the services provided on KhojHealth Website.
KhojHealth merely provides the User with a platform on which to establish contact with other Doctors, Pathological Laboratories, Diagnostic Centers and only provides those technical applications that allow users to contact one another.
As regards content, KhojHealth does not take part in any communication between Users. If Users enter into agreements with one another over KhojHealth Websites, KhojHealth shall not be a contracting party to these agreements. The Users alone are responsible for the execution and/or fulfillment of agreements in which they enter with one another. KhojHealth shall not be held liable if Users are unable to contact one another over KhojHealth Website regarding such agreements. Furthermore, KhojHealth shall not be liable for breaches of duty in relation to agreements entered into between Users.
KhojHealth contains proprietary material, in addition to material sourced from other partnering websites and organizations. Any content on KhojHealth cannot be copied or downloaded without prior written consent of KhojHealth.
Any special rules for the use of certain software and other items accessible on the KhojHealth site may be included elsewhere within the site and are incorporated into these Terms and Conditions by reference.
The Content is protected by copyright under the Indian Copyright Act. Title to the Content remains with KhojHealth or its licensors. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of KhojHealth. All rights not expressly granted herein are reserved to KhojHealth and its licensors.
If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.
The site contains functionality (including blogs, message boards, postings, Doctor reviews/ratings, questions, comments etc.) that allows users to upload content to the site (collectively "Public Areas"). You agree that you will not upload or transmit any communications or Content of any type to the Public Areas that infringe or violate any rights of any party. By submitting communications or content to the Public Areas, you agree that such submission is non-confidential for all purposes.
If you make any such submission you agree that you will not send or transmit to KhojHealth by e-mail, (including through the e-mail addresses listed on the "Contact Us" page) any communication or content that infringes or violates any rights of any party. If you submit any business information, idea, concept or invention to KhojHealth by e-mail, you agree such submission is non-confidential for all purposes.
If you make any submission to a Public Area or if you submit any business information, idea, concept or invention to KhojHealth by e-mail, you automatically grant-or warrant that the owner of such content or intellectual property has expressly granted KhojHealth a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or Content in any media or medium, or any form, format, or forum now known or hereafter developed. KhojHealth may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to the Public Areas or to KhojHealth by e-mail.
KhojHealth does not allow Users to post audio, video and photos. You agree not to post or upload Media (photos, videos or audio) that you have taken yourself or that you have all rights to transmit and license even though they do not violate trademark, copyright, privacy or any other rights of any other person.
It is strictly prohibited to upload content of any kind that contain expressions of hate, abuse, or conduct, obscenity, pornography, sexually explicit or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with these Terms and Conditions.
You agree that you will not upload any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or this Website.
By uploading Content you grant to KhojHealth a perpetual, non-exclusive, worldwide, royalty-free license to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the Content and any material included in the Content; (b) and you agree to indemnify KhojHealth and its directors, affiliates/group companies, employees, officers, agents, licensors and suppliers and hold them harmless from any and all claims and expenses, including attorneys' fees, arising from the Content and/or your failure to comply with these the terms described in this document.
KhojHealth reserves the right to review all media prior to submission to the site and to remove any media for any reason, at any time, without prior notice, at our sole discretion
If you use a Public Area, such as message boards, blogs, User Reviews/Ratings or other discussion forums, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the Public Areas. KhojHealth and its licensors are not responsible for the consequences of any communications in the Public Areas. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor immediately.
Users may post a question or participate in discussions through forums on KhojHealth. Such discussions may also create a thread. However, content as well as comments posted on such discussion forums shall conform to the submission guidelines as mentioned above. Any breach shall amount to removal of content and in severe cases termination of membership or criminal proceedings as deemed necessary.

In consideration of being allowed to use the Public Areas, you agree that the following actions shall constitute a material breach of these Terms and Conditions:

Using a Public Area for any purpose in violation of local, state, national, or international laws;
Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by KhojHealth in its sole discretion;
Posting advertisements or solicitations of business;
After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form);
Posting chain letters or pyramid schemes;
Impersonating another person;
Distributing viruses or other harmful computer code;
Harvesting, scraping or otherwise collecting information about others, including e-mail addresses, without their identification for posting or viewing comments;
Allowing any other person or entity to use your identification for posting or viewing comments
Posting the same note more than once or "spamming"; or
Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Public Area or the site, or which, in the judgment of KhojHealth, exposes KhojHealth or any of its customers or suppliers to any liability or detriment of any type.

KhojHealth Reserves the Right (but is Not Obligated) to Do Any or All of the Following:

Record the dialogue in public chat rooms.
Investigate an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s).
Remove communications which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms and Conditions.
Terminate a user's access to any or all Public Areas and/or the KhojHealth site upon any breach of these Terms and Conditions.
Monitor, edit, or disclose any communication in the Public Areas.
Edit or delete any communication(s) posted on the KhojHealth site, regardless of whether such communication(s) violate these standards.
KhojHealth or its licensors have no liability or responsibility to users of the KhojHealth site or any other person or entity for performance or nonperformance of the aforementioned activities.
KhojHealth is based in Hyderabad, Andhra Pradesh, India. KhojHealth makes no claims that the Content on KhojHealth is appropriate or may be downloaded outside of India. Access to the Content may not be legal by certain persons or in certain countries. If you access the KhojHealth Network from outside India, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

5. Copyright

If you believe any materials accessible on or from the site infringe your copyright, you may request removal of those materials (or access thereto) from this web site by contacting KhojHealth's copyright agent (identified below) and providing the following information:

Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
Your name, address, telephone number and (if available) e-mail address.
A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
A signature or the electronic equivalent from the copyright holder or authorized representative.

KhojHealth's agent for copyright issues relating to this web site is as follows:-
Medigrity innovations Private Limited
3-6-671/102, Street Number 10,
Himayatnagar, Hyderabad 500 029,
Andhra Pradesh, India
Phone: +91 40 60 60 60 70
e-mail - contacts@khojhealth.com

6. Registration

Users must register with KhojHealth in order to book appointments with affiliated Doctors and Dentists. Registration is mandatory for users to participate in KhojHealth discussions and practitioner feedback. A registration with KhojHealth requires details such as your full name, address, phone number and e-mail address. Once the User has entered the details, he/she needs to verify his e-mail address (via e-mail) and his / her phone number (via SMS). Confirmation of the phone number via SMS authorizes KhojHealth to send transactional and informational SMS messages from KhojHealth (with the sender ID – MDGRTY).
The User warrants and represents that all of the data provided by the User for registration is accurate and complete. The User also agrees to report any changes in the registration data to KhojHealth without any undue delay and shall not hold KhojHealth liable if he fails to do so.
The User warrants and represents that he or she is of legal age at the time of registration.
The User shall choose a password upon registration. The User is obliged to keep this password secret. KhojHealth shall not disclose the password to any third party and KhojHealth shall not ask for the User's password at any time.
KhojHealth has several tools that allow you to record and store information. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your KhojHealth passwords or accounts. It is your sole responsibility to (1) control the dissemination and use of sign-in name, screen name and passwords; (2) authorize, monitor, and control access to and use of your KhojHealth account and password; (3) promptly inform KhojHealth if you believe your account or password has been compromised or if there is any other reason you need to deactivate a password. To get in touch with us, please send us an e-mail on contacts@khojhealth.com or use the www.khojhealth.com/contact page to report your feedback/query/grievance. You grant KhojHealth and all other persons or entities involved in the operation of the site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the site. KhojHealth cannot and does not assume any responsibility or liability for any information you submit, or your or third parties' use or misuse of information transmitted or received using KhojHealth tools and services.
By completing the registration process, the User consents to enter the agreement to use the services of the KhojHealth Website. KhojHealth accepts this offer by activating the membership for the use of services on KhojHealth Website. The agreement takes effect with the aforementioned acceptance by KhojHealth.
Each User is entitled to register with KhojHealth only once, and the User may only establish one (1) User profile.
It is technically impossible for KhojHealth to determine with certainty whether any User registered with KhojHealth is in fact the person he or she represents to be. Therefore, KhojHealth assumes no liability for the actual identity of a User. Each User is solely responsible for checking the actual identity of another User.
The personal information you submit to KhojHealth is governed by the KhojHealth Privacy Policy. To the extent there is an inconsistency between this Agreement and the KhojHealth Privacy Policy, this Agreement shall govern.

7. Cancellation

Users may cancel their membership agreement with KhojHealth by sending an e-mail to customer support to contacts@khojhealth.com. Users may also cancel the membership by notifying us on our www.khojhealth.com/contact page.

8. Changes to the Services on KhojHealth Website

KhojHealth reserves the right to modify the services offered on the KhojHealth Website and/or to offer services different from those offered at the time of the User's registration at any time.
On its part KhojHealth can terminate a membership on the basis of a "good cause". A good cause is defined as an event which makes it unacceptable for KhojHealth to continue the agreement, taking into account all circumstances of the individual case and weighing the interests of KhojHealth against the User's. A good cause includes any the following events:
If the User fails to comply with any applicable legal provisions
If the reputation of the services offered on the KhojHealth Website is substantially impaired by the online presence of the User (if, for example, it is discovered after registration that the User has been convicted of a criminal offence, and if said conviction is known to other users);
If the User promotes any communities or associations (or any of their methods or activities) which are under surveillance by authorities responsible for public safety or the protection of minors, or;
If the User causes harm to any other user(s)
If the User is a member of a controversial religious sect or a denomination that is declared as an outlaw in India.
KhojHealth does not make any warranties or representations regarding any data and/or information provided or made available by any user on any of the KhojHealth Website or on any external websites linked to them. In particular, KhojHealth does not warrant or represent that said data and/or information is true or accurate, or that it fulfills or serves any particular purpose.
The User may report any activities of any other user which violate applicable laws and/or any of the terms and conditions of these GTC using the contact form available at www.khojhealth.com/contact page.

9. Customer Service/Support

User can send their queries regarding membership agreement with KhojHealth or seek more information about KhojHealth's services by using the contact form available on the Contact Us page of KhojHealth Website, or by sending an e-mail to customer support on support@khojhealth.com.

10. Liability of KhojHealth and Its Licensors

The use of the KhojHealth site and the Content is at your own risk.
When using the KhojHealth site, information will be transmitted over a medium that may be beyond the control and jurisdiction of KhojHealth and its suppliers. Accordingly, KhojHealth assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the KhojHealth site.
The KhojHealth site and the content are provided on an "as is" basis. KhojHealth, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, KhojHealth, its licensors, and its suppliers make no representations or warranties about the following:

The accuracy, reliability, completeness, currentness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the KhojHealth site or KhojHealth.
The satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the Content contained on the KhojHealth site.
In no event shall KhojHealth, its licensors, its suppliers, or any third parties mentioned on the KhojHealth site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the KhojHealth site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not KhojHealth, its licensors, its suppliers, or any third parties mentioned on the KhojHealth site are advised of the possibility of such damages. KhojHealth, its licensors, its suppliers, or any third parties mentioned on the KhojHealth site are not liable for any personal injury, including death, caused by your use or misuse of the site, Content, or Public Areas (as defined below).

11. Indemnity

The User shall indemnify and exempt KhojHealth from all actions, including damage claims, asserted by other users or third parties against KhojHealth resulting from an infringement of their rights by the contents posted by the User on KhojHealth Website. Furthermore, the User shall indemnify and exempt KhojHealth from all actions, including damage claims, asserted by other users or third parties against KhojHealth resulting from an infringement of their rights regarding the use of the services on KhojHealth Website by the User. The User assumes all reasonable costs KhojHealth incurs due to an infringement of third party rights, including all reasonable legal defense costs. All other rights, including damage claims by KhojHealth, are hereby unaffected.
In the event the contents posted by the User infringes any rights of any third party, the User shall, at its own expense and at KhojHealth's discretion, either obtain the right to use said contents or render said contents free of any infringement. In the event the User infringes third-party rights when using the services of KhojHealth Websites, the User shall discontinue such use that violates these General Terms and Conditions and the law.

12. Data Protection

KhojHealth recognizes that any data provided by the User to KhojHealth is extremely important to the User, and KhojHealth shall therefore be particularly sensitive in handling such data. KhojHealth shall comply with all applicable legal provisions regarding data protection. In particular, KhojHealth shall not provide or otherwise disclose any personal data of the User to any third party without authorization nor indulge in selling User database to any third party or external agents. However, KhojHealth may use the membership details to up sell the services of its sister websites namely, Doclynk.com and Surgikart.com. Details on KhojHealth's treatment of the User's data are set forth in the "Privacy Policy" section of the KhojHealth website.

13. Final Provisions

KhojHealth reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, KhojHealth grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.
If any provision of these GTC is, for any reason, invalid and/or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law.
The place of performance under these GTC shall be KhojHealth's main place of business, which is Hyderabad Andhra Pradesh, India. Users expressly agree that all and any disputes with KhojHealth, or in any way relating to use of the KhojHealth site including its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers, is subject to the jurisdiction of competent legal authorities in Hyderabad, Andhra Pradesh, India.
No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
These GTC and the contractual relationship shall be governed by Indian Law.

14. Complete Agreement

Except as expressly provided in a particular "legal notice" on the KhojHealth site, these Terms and Conditions and the KhojHealth Privacy Policy constitute the entire agreement between you and KhojHealth with respect to the use of the KhojHealth site, and Content.