Terms of Use

TERMS AND CONDITIONS

PLEASE  READ  THESE  TERMS  AND  CONDITIONS   (THESE  “TERMS”)  CAREFULLY BEFORE  USING AND/OR BROWSING  THIS WEBSITE (THIS SITE).

These Terms explain and establish the contractual, legally binding agreement  by and between Vaktr Meditech Pvt Ltd and  you (each  individually  a  "Party"  and  collectively  the  "Parties") governing use of this Site and the  Services provided  herein.  As used herein,  " You  / User / Patient" refers to the person and/or entity that, is using this Site.

Your use of this Site indicates your unconditional, unreserved and irrevocable acceptance  of these Terms. In the event you do not agree to these Terms or in the event you do not have the right to legally enter into this Agreement, you should not use and/or browse this Site.

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Welcome to Vaktr Meditech Pvt Ltd  Website. - www.vaktr.com  is a secure,  web-based  portal  developed  for providing the services as enumerated herein-below.

# 01.               Vaktr Meditech Pvt Ltd_                          (“Company”) is a company, inter alia, engaged in the business of running a Web Based Health Care Information Centre and is also affiliated with various accredited  hospitals in the  territory of India (list of which  hospitals  is  provided  on  the  Site  and  hereinafter  referred  to  as  the  “ Said Hospitals”). Apart from providing medical information about various diseases, the cure to  the  diseases  and  the  latest technological developments in the  world of medical science on the Site, the Company also refers individuals including inbound tourists, who are interested and/or  desirous of availing economical medical treatment; to the  Said Hospitals in the  territory of India (“Territory”). Moreover, the  Site also caters  to the queries  of the  Patient(s)  with  respect  to the  ailments  suffered by them by providing appropriate  information  in  that  regard  which  information  may  be  certified  by the Doctors of the Said Hospitals as may be requested by the Patients in this regard.

# 02.    Along with  the  aforesaid  services,  the  Company also  assists and supports  the inbound  tourists  / foreigners  with  respect  to  their  visit  in  the  Territory  including accommodation, conveyance and other basic facilities whilst staying in the Territory and availing the medical treatment from the Said Hospitals.

Hereinafter the  services referred  to  hereinabove at  # 01 and  # 02 are  collectively referred to as “the Said Services”. It is hereby clarified that at # 01 above, the Company provides only information and at # 02 above the Company provides the services as set out therein.

TERMS:

  • The  User  implies  and  denotes   its  acceptance  and  confirmation  to  the  terms  and condition as set-out  and enumerated hereunder  as well as that  of its affiliates which may or may not be accessible from this Site; by using and browsing through this Site. Moreover, the User also acknowledges and confirms that each time the User visits and browses the Site, it shall be deemed  that the User has perused  and apprised himself / herself / itself of the terms and conditions of this Site including the amended terms and conditions. The User also accepts  having read  the  ‘Booking Cancellation Policy’ and accordingly, signifies his / her confirmation of the terms and conditions thereof  to the Company.
  • The User acknowledges and accepts that the Company is entitled to modify and amend the terms and conditions of this Site as and when deemed  fit by the Company without any notice to the User and accordingly, the User assures and represents  that the User shall each time, before visiting and browsing this Site, read and apprise himself / herself of the terms and conditions of this Site prior to proceeding further.
  • The Company shall assume the legal capacity of the User visiting and browsing the Site as to not being barred from visiting the Site due to any legal complication (such as being a minor) or any other obligation, contractual or otherwise, which would in any manner prohibit the User from visiting the Site and/or  from availing the Said Services provided hereunder.
  •   It is very important that the information that the Company holds about you is complete, accurate  and up-to-date.  Kindly provide true, correct and complete information about yourself to us as well as notify us / the Company immediately in the event there  has been  any change  to your information. In the  event  it is found that  the  information submitted by the  User is false, deceptive, incomplete or concealed deliberately, the Company reserves its right, at its sole discretion, to discontinue the Said Services being provided to the User forthwith.
  • You are prohibited from violating, or attempting to violate, the security of this Site. Any such violations may result in criminal and/or  civil penalties against you. This Site may investigate any alleged or suspected  violations and in the event a criminal violation is suspected, we will cooperate with law enforcement agencies in their investigations.

 

      In using this Site, you must also not:

(i)       Send or  otherwise transmit to  or  through  this  Site any unlawful, infringing, harmful, harassing, defamatory,  threatening,  vulgar, sexually explicit, hateful or otherwise objectionable material of any kind or any material which would tantamount to an offence or objectionable under any law in force;

          (ii)         Misrepresent your identity or affiliation in any way;

          (iii)       Violate any applicable laws or regulations; or

          (iv)       Assist or permit any persons in engaging in any of the activities described above;

or

(v)       Send  or otherwise  transmit  to or through  this Site any material  which would violate the intellectual property rights of any third party entity.

 

  • The  User shall not  assign  its  rights  and/or  obligations  hereunder  without  the  prior written consent of the Company.
  • The  User acknowledges that  the Company does not make any representation  and/or assumes any responsibility with respect to the medical information so provided on the Site with respect to the various ailments and the cures to those diseases and/or  as to the  role of the  Said Hospitals.  The Company is only providing information as made available to the Company by the Hospitals, Doctors, other Medical Representatives, etc.
  •   Unless agreed otherwise in writing, you are provided with access to this Site only for your  personal  use  i.e.  for  you  to  avail  medical  treatment  and  not  for  any  other individual. You are authorized to print a copy of any information contained on this Site only for your personal use as aforesaid, unless such printing is expressly prohibited. Without limiting the foregoing, you may not sell and/or deal in any manner whatsoever the information obtained from this Site.
  •   The Said Services provided by us are online services. The Internet has no boundaries and as such we may deal with international organizations and companies. We reasonably believe that  these  parties are  subject  to  a law, binding scheme  or contract;  which effectively upholds principles of fair handling of the information.
  •   Whilst we make every reasonable effort to protect the privacy of all the information, we cannot guarantee  the security of any information so disclosed online and you do so at your  own  risk.  You  should  keep  in  mind  that   whenever   you  give  out  personal information online, there is a risk that the information can be intercepted and used by  third parties  without  our knowledge.  We are in no way responsible  or liable for the misuse of personal information obtained in this manner.
  •  All the information so provided by you may be used by the Company so as to collect as far as possible accurate information for you and accordingly by posting your information on this Site you give an unconditional authority to the Company to share with and/or disclose such information (personal or otherwise) to third parties at the discretion of the Company.
  • The design, images, text content and overall layout contained in this Site are protected under  Indian and  international laws as copyrighted materials, whether  registered or unregistered. Anyone who claims, displays, distributes, reproduces  copies or creates derivative works for commercial or non-commercial purposes without the prior written permission of the Company is in violation of the copyright laws and is liable for copyright infringement under  the  applicable provisions of law as well as the  Company will be entitled to, Vaktr Meditech Pvt Ltd., initiate legal proceedings, both civil as well as criminal against you in this regard.
  • All trademarks,  service marks, logos and trade  names displayed on this Site, whether registered or unregistered, are the exclusive property of the Company and are protected under Indian and International trademark laws. Use of any of these marks without prior written permission of the Company is strictly prohibited and is an offence under Indian laws.
  • This Site contains content  supplied by parties other  than the Company. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by such third parties, including information providers and users, are those of the respective author(s) and not of the Company. The Company neither guarantees  the accuracy, completeness, or usefulness of any content,  nor its fitness for any particular purpose.

 The Company shall have the right, but not the obligation, to monitor the content of this  Site to determine compliance with these Terms. The Company shall have the right in its sole discretion to edit, refuse to post, or remove any material submitted to or posted on this Site. Without limiting the foregoing, the Company shall have the right to remove any material that  the  Company, in its sole discretion, finds to be in violation of the provisions hereof, otherwise objectionable. Notwithstanding this right of the Company, users  shall  remain solely responsible for the  content  of their messages.  Each  user acknowledges and agrees that  the Company shall not assume or have any liability for any action or inaction by the Company with respect to any conduct, communication or posting on this Site.

      For the purpose of effectively providing the Said Services to the User, the User and the Company will carry out the following functions:

  •  The Company will assimilate details of the medical history / health details of the User / Patient to be referred for treatment to the Said Hospital(s) supported by a Medical Report authenticated by the User / Patient's Doctor.
  •  The User / Patient will  provide the  aforesaid details along with the  Medical Report to the Company at-least 30 days before the User is scheduled to come to India in order to enable the Company to forward the same to the Said Hospitals so that the Hospital can ensure verification of the same by the Doctor in charge of treating the User / Patient and send his observations / comments, if any, to the Company within 7 working days of receipt of the Medical Report along with the cost estimate for the treatment required by the User / Patient. It is explicitly clarified that  receipt of the  Medical Report and other  relevant and necessary information from the User / Patient and/or  his Doctor in advance is a condition precedent  in the cases where the User / Patient has already planned to receive treatment in India, however in ambulatory cases, the same may be provided at a later stage.
  •  The User / Patient will  pay the  entire cost  of treatment in advance  to  the Company before the start  of the treatment or as and when demanded  by the Company to deposit.
  • The User / Patient will, in all cases, bear the costs of the pre-treatment initial tests, which are mandatory to be carried out before the commencement  of the actual treatment, besides the cost of the actual treatment.
  •   In the event the actual cost of the treatment undertaken  by the User / Patient exceeds the estimated costs, then such differential costs will also be borne fully by the User / Patient and the Company shall not in any manner be responsible for the same.
  • The User / Patient shall  also pay for the  extra-treatment, cross-referrals as availed by the  User / Patient or if so advised by the  Doctor in Charge of the specific Patient, whose decision shall be final and binding upon the Patient.

 

The Company will assemble all the papers and documents of the User / Patient including its Medical Report at least 15 working days prior to the date  of arrival of the User / Patient in India and will explain to the User / Patient the nature of the treatment to be provided to the User / Patient at the Said Hospital(s) along with the terms and tariff normally charged by the Said Hospital(s) from time to time.

The  User / Patient  may be  asked  to  sign various  forms, documents  at  the  time  of admission at the Said Hospital(s) with respect to the treatment as well as with respect to costs for it including any form declaring that  the User / Patient will pay all additional costs incurred for the treatment before leaving the facility. The User / Patient, assures that the User / Patient will sign all such forms on its own accord and the Company shall not be responsible or liable for the same in any manner whatsoever. The User / Patient, undertakes  to clear all the pending bills towards the costs of treatment carried out in India at the time of discharge from the Said Hospital.

The User / Patient acknowledges the fact that the duration of treatment of the illness / ailment might get extended and the User might be required to stay in India for a longer duration than the initially stipulated period making it necessary to obtain extension of visa.  The  User accepts  and  confirms  that  all  the  formalities  with  respect  to  such extension of visa will be completed by the User / Patient and/or  someone  on his / her behalf at the User’s costs with the Company providing assistance and support in regards thereof the User. However the responsibility of getting the visa extended shall solely be of the User / Patient and not of the Company in any manner whatsoever.

The  Company will,  on  request  by the  User / Patient,  make  bookings  and  relevant arrangements  with respect  to hotel  accommodations, conveyance and other  facilities for the User / Patient and his/her  accompaniments  subject to payment  made by the User / Patient and/or his / her accompaniments. It is clarified that in the event the User and/or his / her accompaniments are not satisfied with such arrangements  and desire to make separate  arrangements,  the same may be carried out by the User and/or his / her accompaniments and at their own costs without the Company being responsible for the same in any manner.

      The  Company may opt  to  not  entertain  and/or  consider  those  queries  wherein  the User / Patient, is covered under an Insurance plan.
  • In  the  event,  post  commencement  of the  treatment, the  User / Patient  declines  to continue  and  /or terminates  the  treatment  for  any  reason  whatsoever,  then  the amounts  so paid by the User / Patient towards the estimated costs shall be returned only after  adjusting actual  expenditure  incurred  up  to  such  time the  treatment is terminated and/or  discontinued. The Company in such scenario shall also be entitled to be paid for the other  services so availed by you /User and provided by the Company apart from a 10% cancelation charge.The User / Patient undertakes  that he/she and their accompaniment  shall abide by all rules and regulations of the Said Hospital(s) and also do not infringe any laws of India during the period of treatment.
  •      The User / Patient, explicitly assures the Company that  the Company and/or  the Said
  • Hospitals shall not be liable in any manner in the event: of demise and/or  any other  complication arising including permanent  and/or temporary  disablement  of the  User / Patient despite  proper  treatment being provided and accordingly, the relatives and/or anyone of behalf of the User, shall not  make  any claims against  the  Company and/or  the  Said Hospitals  in this regard;
  • the  User / Patient  provides  un-correct  and  false  responses  to  the  treatment provided to the User.

  The Company may terminate your use of this Site and any of its Said Services at any time and for any reason without notice including for conduct violating these Terms. Upon any such  termination,  you  must   return   and   handover   all  materials  / documents   / equipment(s),   etc.   so  obtained  from  the   Company,  if   any,  to   the   authorized representative of the Company. The provisions of these Terms concerning Site security, prohibited activities, copyrights, trademarks, user submissions, disclaimer, limitation of liability, indemnity, and jurisdictional issues shall survive any such termination.

  You agree to indemnify, defend and hold harmless the Company, its affiliates, and their respective directors,  officers,  employees,  and  agents  from  and  against any  and  all claims, damages, losses, costs (including without limitation reasonable  attorneys’ fees) or other expenses that arise directly or indirectly out of or from (i) your breach of any of the terms or conditions or provisions of these Terms; or (ii) your activities in connection with this Site.

  The website has been designed to create an online Web Based Portal for providing the Said Services. Each user expressly agrees that use of this Site is at his or her or its sole risk. While efforts have been  made  to validate the information provided, neither the Company, nor any of its affiliates, employees, agents,  third-party  content  providers, technical providers, or licensors, if any, warrant or assume any legal liability or responsibility   for   the   accuracy,  reliability,   completeness,   or   usefulness   of   any information herein disclosed. Any actions taken based on the information provided on this web site are entirely the responsibility of the User.

       This Site may provide  links to other  Internet  sites for the  convenience  of users. The Company is not responsible for the availability or content  of these  external sites, nor

         does  the  Company endorse,  warrant,  or  guarantee   the  information,  products,  or services described or offered at such other Internet sites

    When visiting our Site, your web browser may produce pop-up advertisements. These advertisements were most likely produced  by other  web sites you visited or by third party  software   installed  on  your  computer.   The  Company  does  not  endorse   or recommend  products  or services for which you may view a pop-up advertisement on your computer screen while visiting our Site.

    This Site is provided on an "as is" basis without warranties of any kind. To the fullest extent    permissible   pursuant    to    applicable   law,   the    Company   disclaims   all representations and warranties, express or implied. The Company does not warrant that this Site or the  server  that  makes  it available are  free  of viruses or other  harmful components. The Company does not make any representations or warranties regarding the use of this Site.

  The disclaimers of liability contained herein apply to any damages or injury caused by any failure of performance,  error,  omission, interruption, deletion, defect,  delay in operation  or  transmission,  computer   virus,  communication  line  failure,  theft   or destruction or unauthorized access  to,  alteration of, or use  of records  or material, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. Each user specifically acknowledges that  the  Company is not liable for the defamatory,  offensive or illegal conduct of third parties including other users and that the risk of injury from the foregoing rests entirely with each User.

 

  In no event will the Company or any person or entity involved in creating, producing, or distributing   this   Site   be   liable   for   any   direct,   indirect,   incidental,   special,   or consequential damages  arising out  of the  use  of or inability to  use  this Site or the services  on  it  or  out  of  the  breach  of  any  warranty,  even  if  the  Company or  an authorized  representative  has been  advised  of the  possibility of such damages.  Each user  specifically  acknowledges  that  in  no  event  will  the  Company, or  any  of  its employees   or   agents   be   liable   for  any  direct,   indirect,   incidental,   special,   or consequential damages arising out of (i) the use by such user of any browser owned or operated  by any party and/or  (ii) the downloading of any software owned or operated by any third-party in connection with the Site.

  These  Terms do not apply to any other  websites  and accordingly  if you through  this Website visit any other website then apart from these Terms you will be liable to abide by and comply with the terms and conditions of User of that website(s) as well.

  It is explicitly clarified and understood  and agreed by the User that it may be extremely difficult to measure in money the damage to the Company of any failure on the part of the User to comply with this Terms and that the restrictions and obligations under this Terms are material, and that,  in the  event  of any failure on the  part  of the  User in complying  with  the  terms  hereunder,   the  Company  and  its  assigns  could  suffer irreparable harm and significant injury, which may not be capable of being compensated in terms of money. The User therefore  agrees, that should the Company find the User in breach of any of the provisions of this Terms, the Company shall be entitled to seek the issuance of an injunction or other  restraining order  or to  the  enforcement  of other equitable remedies against the User to compel performance of the terms of this Terms without the necessity of showing or proving it has sustained any actual damage.

  No remedy conferred on the Company by any of the specific provisions of this Terms is intended to be exclusive of any other  remedy,  and each and every remedy  shall be cumulative and shall be in addition to every other remedy given hereunder  or now or hereafter  existing at law or in equity or by statute  or otherwise. The election of one or more remedies  by the  Company shall not  constitute a waiver of the  right to pursue other available remedies.

  The User hereto  warrants  and represents  that he/she/it has carefully read this Terms, that he/she/it executes this Terms with full knowledge of the contents of this Terms, the legal consequences  thereof,  and  that  he/her/it has  had  the  opportunity  to  receive independent legal advice with respect to the matters  set forth in this Terms of Use and

with  respect  to  the  rights  and  asserted  rights  arising out  of such matters,  and  that he/she/it is entering into this Terms of his/her/its own free will.

 

  The User agrees that the laws of India shall govern the interpretation and enforcement of this Terms and any litigation of disputes under this Terms shall be conducted in courts located in New Delhi in India only.

 

  In the event any provision of these Terms is held to be void, invalid, or inoperative, such event shall not affect any other  provisions herein, which shall continue and remain in full force and effect as though such void, invalid, or inoperative provision had not been a part hereof.

  Any and all disputes, controversies and conflicts (hereinafter referred to as "Disputes") arising out of this Terms between  the Parties hereto or arising out of or relating to or in connection with this Terms and the performance or non-performance  of the rights and obligations set forth herein or the termination or validity or interpretation or implementation  or  alleged  breach  of any  provision  of this  Terms  of Use; shall  be referred  for arbitration in terms  of the  Arbitration and Conciliation Act, 1996 or any modifications  and/or   re-enactments  thereof.   Prior  to  submitting  the  Disputes  to arbitration the  parties hereto  shall mutually resolve to  settle the  Disputes through mutual negotiation and discussions. In the event that the said Disputes are not settled within 15 days of the  arising of the  Disputes, the  same  shall  finally be  settled and determined by arbitration to be conducted by a sole arbitrator in accordance with the Arbitration and Conciliation Act, 1996. The place of arbitration shall be New Delhi and the language used in the arbitral proceedings shall be English. The sole arbitrator  shall be decided and appointed by the legal counsel of the Company, which appointment shall not  be  objected  to  or challenged by the  User in any manner  whatsoever,  including challenging the award of the arbitrator  on this ground. The arbitral award and decision by  the  arbitrator   shall  be  in  writing  and  shall  be  final  and  binding  and  shall  be enforceable in any court of competent  jurisdiction. None of the Parties shall be entitled to commence or maintain any action in a court of law upon any Dispute Arising out For relating to or in connection with this Agreement, except  for the  enforcement  of an arbitral award or as permitted under the Arbitration and Conciliation Act, 1996. Pending the  submission to  arbitration and  thereafter, till the  tribunal renders  its award  or decision, the  Parties shall, except  in the  event  that  relief is granted  under  the  Act, continue to perform their obligations under this Terms.

  It is agreed by the User that from the time the User / Applicant avails the Said Services of  the  Company, it  / he  / she  is  deemed  to  have  accepted  these  Terms  and  all amendments thereto  from time to time, irrespective whether  the User / Applicant has read these  Terms or not and all terms as enumerated herein shall automatically apply upon the User / Applicant from the time, he / she uses and /or browses this Site and/or avails the Said Services of the Company, whichever is earlier.

These Terms herein may be revised from time to time. You shall be deemed to have read these Terms every time you wish to access and visit this Site and update  yourself with any changes. Any changes to these Terms shall also be binding on you. In the event you disagree with these Terms,  your sole  remedy is to discontinue  your use of this Site. Your  continued  use after  a change has been posted constitutes your acceptance and confirmation of those changes.

 

 

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