Terms and Conditions
Welcome to chikitsa.com here in after referred to as chikitsa or we or us or site/web site or our site. Whereas chikitsa is primarily engaged in the business of providing information to users/members to better understand human health and its diagnosed conditions or disorders and services pertaining to the same.
- By accessing our site you are agreeing to comply with the TOU. In addition, when using services, you agree to abide by any applicable LISTING guidelines i.e. listing policy for all our services, which may change from time to time. Should you object to any term or condition of the TOU or any guidelines, or policy, or any subsequent modifications thereto or become dissatisfied with our site in any way, your only recourse is to immediately discontinue use of our site.
- We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes.
- 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”. Use of our site is available only to persons, who are Citizens of the Republic of India, who are 18 years of age and above and persons who can enter into a legally binding contract, and who are not barred by any law for the time being in force. If you are registering with our site not as an individual but on behalf of a legal entity, then you should represent that you are fully authorized to do so and the listing, posting, opinion or information placed on the site on behalf of the legal entity is your sole responsibility and you agree to be accountable for the same.
- Any of the persons termed such as Doctor/Physician/Lab/ Hospital/Pharmacy/Nurse/Diagnostic Centre/Health care & Rehabilitation Centre, etc. would be hereinafter individually and collectively referred to as Medical Establishment (M.E.).
- chikitsa provides an information platform where user member can search, locate, choose select any medical establishment to seek advice/opinion or services, communicate with M.E. and to pay for services/advise/opinion provided by such M.E.
- Users/Members please be informed, agree and acknowledge that chikitsa does not make any representation or warranty and do not guarantee the accuracy or legitimacy of any information/ opinion/content/provided vide the listing services of M.E. to members or user vice versa. User member further agree that the advice/opinion of the M.E. will not provide an adequate solution to member’s question for illness. chikitsa does not recommend, verify, endorse, evaluate or guarantee any advice, opinion, report, information or other services provided by M.E. chikitsa does not warranty or confirm the validity, accuracy, completeness, safety, usefulness, reliability, legality, quality or the applicability of the content or advice/opinion provided by the M.E. (Medical Establishment). chikitsa will not be liable for any physical, mental, monetary or other damages/loss sustained due to use of our site and due to reliance by member on such advice/opinion/information, provided by the M.E. (Medical Establishment).
- chikitsa does not provide any specific medical advice for cure or treatment. All the contents in chikitsa’s site are provided for information/purposes only. The contents/opinion/advice are not substitute for professional personal medical advice, diagnosis or treatment or personal/physical examination of the member by a physician/doctor. The advice/opinion given provided by a doctor is for informational purposes only. Specific medical treatment or medical advice will not be provided on chikitsa’s site. Members should not rely solely on advice/opinion given provided by M.E. on the site of chikitsa. Members should not use any content/opinion/advice for diagonising or treating a medical or health condition. chikitsa strongly recommends its members to consult with a qualified Doctor/Physician for a personal physical examination for member’s treatment. User/Member should not disregard any professional/medical advice given during his/her/their personal physical examination by member’s physician/doctor, nor should the member delay such personal physical examination on reliance of any opinion/content provided on or through chikitsa’s site. Acting on reliance of any information/content/opinion provided at chikitsa is solely at member’s own risk and consequences. The use of chikitsa site and its content opinion is at member’s own risk and consequences. chikitsa does not endorse or recommend any doctor/medical expert/health care expert. Hospital/Lab/Diagnosis Centre/Pharmacy. It is the responsibility of the member to verify the credentials of the Medical Establishment (M.E.) before any interaction.
- The medical expert/doctor are not employees/agents of chikitsa and chikitsa does not assume any responsibility for any act or omission of any such M.E. (Medical Establishment). Member understands and acknowledges/agrees that although a M.E. may have been accessed through the site, chikitsa cannot/does not assess either the competence of M.E. or appropriateness for member’s needs of the M.E. Member understands and acknowledges/agrees that the role of chikitsa is strictly limited to providing access to M.E. for opinion/advice, informative in nature and that member takes sole responsibility for the decision to access a M.E. through chikitsa’s site.
- The member understands and agrees that any opinion of the M.E. and others on chikitsa’s site are solely their opinions and not that of chikitsa. Therefore chikitsa does not assume any responsibility or liability for the accuracy, reliability, dependability of the contents opinion on the site including the qualification, experience, credentials quality stands or other data regarding the M.E. (Medical Establishment). chikitsa does not assume any responsibility, liability for damage or injury to User/Member arising from the use of any content/information, advice/opinion given on its web site.
- User/Member hereby releases and agrees to hold harmless chikitsa, its affiliates/group companies, its directors, officers, employees, agents, successors, advisors, consultants and assigns from any and all causes of action and claim of any nature resulting from the act or omission of M.E. accessed through/on the site.
- The use of chikitsa’s site and the content is at member’s sole risk and consequence. In no event shall chikitsa be liable for any damages, over personal injury/wrongful death, sufferings, loss of profits or damages resulting from use of data or inability to use chikitsa’s site or the content.
- As an added feature, chikitsa makes available to its members, a discussion Forum/Chat Room/Bulletin board/email/B log, whereby a member can post his views, reports, questions, comments, suggestions, pursuant to which M.E. may answer questions/give advice, opinion on various topics. The views, opinions, reports answers etc., of the M.E. so sought are their own and chikitsa is not liable/responsible for any damages sustained by User/Member on reliance of such report/ information/advice/ opinion/views etc. given in Chat room/discussion forum, e-mail, blog etc. The information /advice/opinion so given by the M.E. is intended for general reference/information purposes only. This/it cannot and does not replace a personal meeting with a User/Member’s own physician/doctor. This/it is not intended to offer a solution or treatment for a specific medical problem and must be considered as general and informative in nature. Any reliance on such information/advice/opinion is done at the member/s full and sole liability. This discussion forum/chat room/bulletin board/email is by nature public and any details/information you post and receive are susceptible to/accessible to outsiders for which chikitsa does not assure the privacy of such details/information.
- While using chikitsa, member should not post, transmit any content, details, data, information, material, which is in violation of local, state, national, international laws; which is unlawful, threatening, harassing, abusive, obscene, vulgar, defamatory, slanderous, libelous, hateful, racist, promotes violence, ethnically harmful or otherwise objectionable, as also determined by chikitsa at its sole discretion; which infringes on the intellectual property rights of others. The member should not distribute viruses or other harmful code and will not interfere with or disrupt the chikitsa’s servers or networks connected to the site.
- The User/Member will bear all the risks attached/associated to/with the uploading and transmitting of content/material while using chikitsa.
- chikitsa in its absolute discretion may block or deny access to any member who is in violation of any of the terms of this agreement.
- chikitsa may provide links to third party web sites or external websites/internal servers or resources including advertisements by others. chikitsa has no control over such sites and the information provided in them. chikitsa does not recommend and does not endorse the content on/off any third party web sites including that of advertisers. chikitsa is not responsible/liable for the content of these external sites nor does chikitsa endorse, warrant or guarantee the products, services or information, messages, accuracy, geniuses, reliability described or offered or advertised at these other external web sites. Any dealing/use by a member with these external or third party website including advertising is between the member and those websites/advertisers and is solely at the risk of the member.
- chikitsa shall not be responsible or liable for any loss or damages of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the site of chikitsa. Content/opinion provided on or through chikitsa regarding drug or dietary supplements have not been evaluated or approved by the Drug Controller of India or any other statutory body. Member agrees to consult and act according to member’s own doctor/medical expert before beginning any course of dietary supplementation or treatment.
- chikitsa’s functions/services depend on various factors such as software, hardware and communication networks etc., chikitsa does not guarantee that chikitsa’s services will be continuous, uninterrupted, timely, secure or error-free and chikitsa is not responsible and liable for all that and for the failure of the internet or any data or telecommunication equipment, system or network used in connection with the site or the products.
- chikitsa does not represent or warrant that its site or products will meet with the requirements or expectations of a member and that any content, material or results that may be obtained from use of its site or products will be accurate, timely, complete, reliable, genuine and that any errors in any products services will be corrected.
- chikitsa reserves the right to modify or discontinue, temporarily or permanently, its services with or without notice to its members. chikitsa, in its sole discretion and for any reason, may terminate member’s participation/membership and deny access to any and all current or future use by member of chikitsa.
- Member acknowledges and agrees that chikitsa’s site and the products/services are provided on “AS IS” and “AS AVAILABLE” basis. The use of chikitsa site is at the member’s sole risk. chikitsa expressly disclaims all warrantees of any kind whether express or implied, statutory or otherwise, including, without limitations, the implied warranties of merchant ability, fitness for a particular purpose and non-infringement, security or accuracy.
To the maximum extent permitted by law, chikitsa will not be liable under any contract, negligence, strict liability or other legal or equitable thereby for
- any special, incidental, indirect, consequential or exemplary damages arising out of, or in connection with the site or products, even if chikitsa has been advised of such damages or the possibility of such damages.
- The cost of procuring substitute goods, services or technology
- Personal injury, including without limitation, death, caused by members/your use or misuse of the site or the products
- Aggregate liability in excess of Rs.500/- (Rupees Five hundred only).
- Governing Law & Jurisdiction:
This agreement shall be governed by and construed in accordance with the laws of REPUBLIC OF INDIA and the Courts at Hyderabad,Andhra Pradesh, India shall have exclusive jurisdiction in all matters and disputes arising out of and relating to the site. The parties shall attempt to settle any dispute arising from and/or in connection with this agreement by way of negotiation. If the dispute is not so resolved within 30 days, it shall be referred to and finally resolved by arbitration under the Arbitration and Conciliation Act, 1996. Each party shall nominate its own arbitrators and the two arbitrators thus nominated shall appoint the Chairman of Arbitral Tribunal and the place of arbitration shall be Chennai in India only. Arbitrator may/should be from Medical/Health Care profession. All disputes under this agreement shall be subject to the exclusive jurisdictions of the courts situated at Chennai, India only. The language of the Arbitration shall be English.
- Intellectual property:
chikitsa is the sole/exclusive owner of all the intellectual property and in particular all the patent rights, the copy-right/rights, trademarks rights, database rights, trade secret rights and patents in chikitsa and in any software, application, graphics, text and other materials used therein. A member may view, use or download a single copy of the material/content of chikitsa site solely for member’s personal, internal and non-commercial use. The member should not use, modify, publish, broadcast, transmit, transfer or sell, rent, lease, reproduce, create derivative works from, distribute, circulate, disseminate, perform, link, display or in any way exploit any product or intellectual property, in whole or in part, except with the prior written consent of chikitsa. chikitsa appreciates and values/recognizes/respects the intellectual property of others and expects the same from its users. Any claim with regard to copyright of intellectual property infringement at chikitsa site should be notified to chikitsa’s editors at www.chikitsa.com. Plot No: 27, Jubilee Enclave, Madhapur, Hyderabad – 500 081. India. Tel. : 91-40-65551505, email : email@example.com
The claim should include the following:
- A physical or electronic signature of the owner or his/her/its authorized representative and the address, telephone number and email Id/address .
- Information/description of the copy-righted work claimed to be infringed by chikitsa and its location on the site.
- A statement that the complainant has a good faith belief that the disputed use is not authorized by the copy right owner, its agent or the law and
- A statement by the complainant, made under penalty of perjury, that the information in his/her/its your claim/notice is accurate and that he/she/it complainant is the copy right owner or authorized to act on behalf of the owner
Thank you for your cooperation. We trust you will find chikitsa site helpful/useful. Questions, comments, suggestions may be submitted to firstname.lastname@example.org