The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but not limited to:
The Indian Contract Act, 1872, and
The (Indian) Information Technology Act, 2000
2. Important Notice
Medibout.com is not involved in the provision of any healthcare diagnosis or treatment. Any information provided on the Website is intended as a guide only and should not be construed as a substitute for professional medical advice. The website is a service that displays information on Providers that has been gathered from the Healthcare Provider(s) directly or the internet which disseminate information to public and Registered Users. We do not screen or validate any content provided the Providers, nor do we endorse any particular Hospital/Doctor/ or Provider. If you decide to engage a practitioner or Provider to provide Services to you, you do so at your own risk. In this regard you should note that certain Providers listed on this Website are located in jurisdictions where insurance is not available or mandatory in respect of the medical services they offer. We would recommend that you undertake your own research into any Provider listed on the Website and that you should consult with your doctor or primary healthcare provider before engaging any Provider from this Website. You should be aware that the results of any search you perform on the Website for Providers should not be construed as endorsement by Medibout.com of any particular Provider or constituting any comparative ranking of any Providers.
3. Services We Do Not Provide
Medibout.com does not endorse, recommend, or approve any Providers listed on the Website, aside from our due diligence and efforts to list only qualified, and accredited institutes. We are not medical professionals nor do we hold ourselves out to be medical professionals and will not discuss or advise on any issues relating to medical treatment with Clients (defined below) or Providers.
As we cannot control the information provided by Providers or information sourced by Medibout.com from the Internet that is made available through this Website, Medibout.com does not guarantee or endorse the authenticity, quality, safety or legality of any Provider or the services provided or purported to be provided by any Provider, the accuracy of any listings or any Provider data we may provide to you, or the ability of any Providers to complete a transaction.
4. Services We Do Provide
Medibout.com is a website for individuals seeking to access medical services ("Clients," "Your" or "You") and Providers situated around the world who provide related Services. Medibout.com facilitates introductions between Clients and Providers through the Website www.Medibout.com. Medibout.com is not a provider of Services, and has no responsibility for managing treatment and/or delivering the Services. You agree that if you use the information available through the Website, your contract for delivery of the Services is solely with the relevant Provider on whose behalf we have provided information, and not Medibout.com, which is acting as an intermediary only in the provision of information and as an enablement platform.
Medibout.com gathers information from various worldwide Providers about their facilities and services as well as from a large number of publicly available websites. You can access this information via our Website. This information should assist you in making a decision on choosing your preferred Provider by conducting your own research into such Providers. If you choose a Provider to provide medical Services, then we will facilitate contact between you and the Provider, by providing your information to the Provider (the "Website Service") or providing you with the contact information of the Provider or enabling you to make direct inquiries with the providers.
5. Content Policy
Medibout.com acts as a passive conduit for the online distribution and publication of information submitted through the Website, and has no obligation to screen content or information in advance and is not responsible for screening or monitoring material posted by you or Providers. You are solely responsible for the content and information you provide to us to be published on the Website through our data entry forms or otherwise. We reserve the right to edit or remove your account, profile, or content if we believe it is untrue or that it may create liability for us.
6. Age and Responsibility
You should note that the Website Service is only available to, and may only be used by individuals who are legally entitled to form such contracts under law in the jurisdiction in which they reside. If you are under the age of eighteen, you should not access and or use this Website or the Website Services, you warrant that you are over the age of eighteen.
7. Data Protection
Medibout.com operates servers outside of the European Union therefore if applicable to your geographical region, you hereby agree to the transfer of personal data outside the European Union. By using this website, you agree to Medibout.com holding and processing, both electronically and manually, personal data about you (including sensitive personal data as defined in the Indian Data Protection Acts for the operation, management, security and administration of Medibout.com and complying with applicable laws, regulations and procedures, including transfer of personal data outside the European Union.
Communication between you and a Provider via email may be sent through Medibout.com. The content of these emails may be retained by Medibout.com in order to assist clients and providers in tracking their communication.
By signing up to become a Registered User you agree that we may send you advertisements and/or promotional material by email, including information about new services being initiated. If you do not wish us to contact you for marketing purposes, you may notify us by following the "unsubscribe" links on email communications issued by us and/or contacting us directly at +91 4601 1641.
8. Provision of Information
If you wish to arrange a consultation with the Provider(s), then you will be asked to provide certain information including details such as your contact details (phone number and email address), age and gender and some medical information to allow us to present your data to Providers who may be interested in providing Services to you. You warrant and undertake that the information provided by you is up-to-date, accurate in all material respects, not the confidential property of others or in violation of any third party's rights, and is sufficient for us to facilitate the Website Services. Although Medibout.com endeavors at all times to respect your privacy, you should not provide any information that may cause you personal damage if made public.
Information sent over the Internet cannot be guaranteed to be completely secure as it is subject to possible interception, loss or alteration. You understand and agree to assume the security risk for any information you provide using the Website. We are not responsible for any information sent over the Internet and will not be liable to you or anyone else for any damages or other loss incurred in connection with any information sent by you to us or to a Provider, or any information sent by us, a Provider or any third party to you over the internet.
9. Suspension / Termination
10. Use of Website
(a) Any commercial purpose including but not limited to creating, checking, confirming, updating or amending your own or someone else's databases, records, directories, customer lists, mailing or prospecting lists;
(c) Copying, modifying, transmitting, displaying, distributing, performing, reproducing, licensing, publishing, creating derivative works from, transferring or selling any information, software, products and services contained on or forming part of this Website, or otherwise using such content of the Website for resale, redistribution or for any other commercial use whatsoever including but not limited to any other website, surveys, contests or pyramid schemes.
(d) Accessing or using the Website in and from jurisdictions which restricts or prohibits same by local law;
(e) Accessing or using the Website in any manner which could damage, disable, overload, flood, mail bomb, crash or impair the Website or interfere with any other party's use and/or enjoyment of the Website;
(f) Posting or transmitting, whether on a bulletin board, forum or otherwise, to or from the Website any unlawful, harassing, threatening, libelous, defamatory, tortious, obscene, hateful, scandalous, inflammatory, pornographic or profane material, or any other material that could give rise to any civil or criminal liability under law;
(g) Transmitting material which may cause harm to Medibout.com’s or any other party's computer systems, including but not limited to any material which contains viruses, Trojan horses, worms, spyware, adware, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, destroy or otherwise impair a computer's functionality or the operation of the Website;
(h) Harassing, harming or abusing another person, or contacting, advertising, soliciting, selling to any other person without their prior written consent or transmitting or relaying spam, junk email or chain letters;
(i) Accessing data or materials not intended for your use; logging into a server or account which you are not authorized to access; attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or impersonating any person or entity, or falsely stating or otherwise misrepresenting their identity or affiliation in any way;
(j) Attempting to gain unauthorized access to the Website, or any computer systems or networks connected to any Medibout.com website, through hacking, password miming or any other means; or
(k) Harvesting or otherwise collecting by any means any programme material or information (including without limitation email address or details of other users) from the Website or monitoring, mirroring or copying any content of the Website without the prior written consent of Medibout.com.
The pages contained in this Website may contain technical inaccuracies and typographical errors. The information on this Website may be updated from time to time but we do not accept any responsibility for keeping the information in these pages up-to-date, nor any liability for any failure to do so.
11. Copyright Notice and Limited License
The information, content, graphics, text, sounds, images, buttons, trademarks, service marks, get-up, business names, domain names, rights in good will, know-how, designs and rights in designs, trade names and logos (whether registered or unregistered) (the "Materials") contained in this Website are protected by copyright, trade mark, database right, sui generis right and other intellectual property laws and are also protected under national laws and international treaties. Medibout.com and/or its licensors (as the case may be) retain all right, title, interest in and intellectual property rights to the Materials. Use of third party trademarks is for description and identification purposes only. Such trademarks are the registered trademarks of their registered owners. Medibout.com asserts absolutely no ownership or other rights with respect to such third party trademarks.
You agree to grant Medibout.com a non-exclusive, royalty free, world-wide, transferable perpetual license, with the right to sub-license, reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any Materials and other information, including without limitation ideas contained therein for new or improved services, when you submit to the Website either during the registration process or otherwise, including any information or materials you post to a bulletin board or evaluation forum on the website.
The website is available to all users "as is" and, to the greatest extent permitted by applicable law, the website is made available without any representations or warranties of any kind, either express or implied. Medibout.com makes no representations, warranties or undertakings about the services or materials available on the website, including without limitation, their merchantability, quality or fitness for a particular purpose. All information provided on the website is intended as a guide only and should not be construed as a substitute for professional medical advice and Medibout.com makes no representations, warranties or undertakings as to the accuracy of any information provided on this website. Medibout.com makes no representations, warranties or undertakings that the website, or the server that makes it available, will be free from defects, including, but not limited to viruses or other harmful elements. To the maximum extent permitted by applicable law, Medibout.com accepts no liability for any infection by computer virus, bug, tampering, unauthorized access, intervention, alteration or use, fraud, theft, technical failure, error, omission, interruption, deletion, defect, delay, or any event or occurrence beyond the control of Medibout.com, which corrupts or affects the administration, security, fairness and the integrity or proper conduct of any aspect of the Website. All use by you of the Website is at your own risk. You assume complete responsibility for, and all risk of loss resulting from, your downloading or using of, or referring to or relying on the facilities, services, materials or products provided on the Website, or any other information obtained from your use of the Website. You agree that, to the maximum extent permitted by applicable law, Medibout.com and providers of communications and network services to Medibout.com will not be liable for damages arising out of your use or your inability to use the Website, and you hereby waive any and all claims with respect thereto, whether based on contract, tort or other grounds. No advice or information, whether oral or written, obtained by you from Medibout.com shall be deemed to alter this disclaimer of warranty, or to create any warranty.
To the fullest extent permitted by applicable law, Medibout.com assumes no responsibility nor do we grant any warranties, express or implied relating to the operation, safety, condition or service of any Provider or any healthcare professional or any doctor or any other person associated with the Provider that is used by, for or on behalf of, you. Medibout.com is not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any Provider or any doctor or any other persons associated with such Provider or for losses, damages or expenses resulting therefrom.
13. Limitation of Liability
To the fullest extent permitted by applicable law, neither Medibout.com nor any of its officers, directors, employees, affiliates or other representatives will be liable for loss or damages arising out of or in connection with your use of any facilities, services and the website services offered or transactions entered into through or from this Website, including, for the avoidance of doubt, your transactions with Providers or medical services facilitated through this Website, including, but not limited to, direct, indirect or consequential losses or damages, loss of data, loss of income, profit or opportunity, loss of, or damage to, property and claims of third parties, even if Medibout.com has been advised of the possibility of such loss or damages, or such loss or damages were reasonably foreseeable.
In no event shall Medibout.com nor any of its officers, directors, employees, affiliates or other representatives be liable for any damages whatsoever resulting from the statements or conduct of any Provider or third party or the interruption, suspension or termination of the website services, whether such interruption, suspension or termination was justified or not, negligent or intentional, inadvertent or advertent.
Without limiting the foregoing, under no circumstances shall Medibout.com nor any of its officers, directors, employees, affiliates or other representatives be held liable for any delay or failure in performance of the website or the website services resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including, without limitation, internet failure, computer equipment failures, telecommunication failures, other equipment failures, electrical power failures, strikes, lay-way disputes, riots, interactions, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of god, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
Medibout.com does not exclude liability for death or personal injury, caused by its negligence or that of its employees or authorized representatives, or for fraud.
Medibout uses automated search tools to show the results of your search. Medibout does not decide or rank any service provider. The results are displayed randomly and not in the order of their rank. The search results can vary and so does the rank in which a given service provider appears.
Medibout grants access to its providers and registered users “end user” rights to modify and update their profile. Medibout is entitled to take independent decisions in deciding the approvals for publishing the content or not.
15. Links to Third Party Websites
This Website contains links to third party websites. Your use of third party websites is subject to the terms and conditions of use contained within each of those websites. Access to any other website through this Website is at your own risk. Medibout.com is not responsible for, nor liable for, the accuracy of any information, data, opinions, or statements made on third party websites or the security of any link or communication with those websites. Medibout.com reserves the right to terminate a link to a third party website at any time. The fact that Medibout.com provides a link to a third party website does not mean that Medibout.com endorses, authorizes or sponsors that website, nor does it mean that Medibout.com is affiliated with the third party websites, owners or sponsors. Medibout.com provides these links merely as a convenience for those who use this Website.
Although Medibout.com endeavors to ensure the Website is available at all times, there may be occasions when access to the Website may be interrupted, e.g. to allow maintenance, upgrades and emergency repairs to take place, or due to failure of telecommunications links and equipment that are beyond our control. You agree that Medibout.com shall not be liable to you for any loss incurred by you resulting from the modification, suspension or discontinuance of the Website.
You have sole responsibility for adequate protection and back-up of any content and data you submit to the Website and for undertaking reasonable and appropriate precautions to scan for computer viruses or other destructive items.
18. Jurisdiction and Governing Law
This Website is controlled and operated by Medibout.com from India. Medibout.com does not make any representation that the facilities, services, including the website service, and/or materials offered through this Website are appropriate or suitable for use in countries other than India, or that they comply with any legal or regulatory requirements in any other countries. In accessing this Website, you do so at your own risk and on your own initiative, and are responsible for compliance with local laws, to the extent any local laws are applicable. If it is prohibited to make this Website, facilities, services, including the website service, and/or materials offered through this Website or any part of them available in your country, or to you, whether by reason of nationality, residence or otherwise, this website, the facilities, services and/or materials offered through this website or any part of them are not directed at you.