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.
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.
- 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;
(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.
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.
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.