Terms & Conditions

TERMS & CONDITIONS: JEEVONE TERMS OF USE

Jeevone Care And Tech Services Private Limited (“Jeevone”) is the author and publisher of the internet resource www.jeevone.com; www.jeevone.in; www.jeevone.org; www.jeevone.care; www.jeevone.health; www.jeevone.net; www.jeevone.co.in, the mobile application ‘JEEVONE’ and the Jeevone Care And Tech Services Private Limited. Chatbot (any component of the services offered which automatically interacts and provides health information and wellness recommendations) (includes www.jeevone.com; www.jeevone.in; www.jeevone.org; www.jeevone.care; www.jeevone.health; www.jeevone.net; www.jeevone.co.in and any other partner domains) are hereafter, jointly referred to as “Website/ App”. JEEVONE owns and operates the services provided through the Website/ App, mobile applications and the chatbot.

1. NATURE AND APPLICABILITY OF TERMS

Please carefully go through these terms and conditions (“Terms”) and the privacy policy available at www.jeevone.com; www.jeevone.in; www.jeevone.org; www.jeevone.care; www.jeevone.health; www.jeevone.net; www.jeevone.co.in (“Privacy Policy”) before you decide to access the Website/ App or avail the services made available on the Website/ App by JEEVONE. These Terms and the Privacy Policy together constitute a legal agreement (“Agreement”) between you and JEEVONE in connection with your Jeevone to the Website/ App and your use of the Services (as defined below).

The Agreement applies to you whether you are –

  1. A medical practitioner or healthcare/wellness provider (whether an individual professional or an organization) or similar institution including Hospitals, Clinics, Diagnostic Labs, Nursing Homes, on-line and off-line medical stores, and any other services wishing to be listed, or already listed, and providing healthcare services, on the Website/ App, including designated, authorised associates of such practitioners or institutions (“Practitioner(s)”, “you” or “User”); or
  2. A person availing this service on his/her consent, being or not being sponsored/promoted by any organisation/body to utilise the services through the Website/ App, his/her representatives or affiliates, searching for availing health and medical services through the Website/App (“End-User”, “you” or “User”); or.
  3. Otherwise a user of the Website/ App (“you” or “User”).

This Agreement applies to those services made available by JEEVONE on the Website/ App, which are offered to the Users (“Services”), including the following:

  1. For Practitioners: Outreach of Practitioners and their profiles along with options made available to the other Users and visitors of the Website/ App for teleconsultations or in-person consultations;
  2. For other Users: Facility to
    1. create and maintain ‘Health Accounts/records’,
    2. search and avail services for Practitioners by specialty, services offered or any other criteria that may be developed and made available by JEEVONE,
    3. make appointments with Practitioners,
    4. interact with healthcare chatbot, and
    5. To avail other services offered by Jeevone and its partners, like but not limited to, medicine delivery, diagnostics, home-healthcare, health camps, etc.

The Services may change from time to time, at the sole discretion of Jeevone, and the Agreement will apply to your Jeevone to and your use of the Website/App to avail the Service, as well as to all information provided by you on the Website/App at any given point in time.

This Agreement defines the terms and conditions under which you are allowed to use the Website/ App and describes the manner in which we shall treat your account while you are registered as a member with us. If you have any questions about any part of the Agreement, feel free to contact us at contact@jeevone.com. By downloading or accessing the Website/ App to use the Services, you irrevocably accept all the conditions stipulated in this Agreement and agree to abide by them. This Agreement supersedes all previous oral and written terms and conditions (if any) communicated to you. By availing any Service, you signify your agreement to this Agreement.

We reserve the right to modify or terminate any portion of the Agreement for any reason and at any time, and such modifications shall be informed to you in writing. You should read the Agreement at regular intervals. Your use of the Website/ App following any such modification constitutes your agreement to follow and be bound by the Agreement so modified. Any additional terms and conditions, disclaimers, privacy policies and other policies applicable in general and/ or to specific areas of this Website/ App or to particular Service are also considered as part of the Agreement. You acknowledge that you will be bound by this Agreement for availing any of the Services offered by JEEVONE. If you do not agree with any part of the Agreement, please do not use the Website/ App or avail any Services.

Your access to use of the Website/ App and the Services will be solely at the discretion of JEEVONE.

The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but not limited to:

  1. the Indian Contract Act, 1872,
  2. the (Indian) Information Technology Act, 2000, and.
  3. the rules, regulations, guidelines and clarifications framed there under, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”).

2. CONDITIONS OF USE

You must be 18 years of age or older to register, use the Services, or Jeevone or use the Website/ App in any manner. By registering, visiting and using the Website/ App or accepting this Agreement, you represent and warrant to JEEVONE that you are 18 years of age or older, and that you have the right, authority and capacity to use the Website/ App and the Services available through the Website/ App, and agree to and abide by this Agreement. As an End User, you can add minors by registering as legal guardian with the express understanding that the End User shall be entirely responsible and liable on all counts for compliance with these Terms for and on behalf of such minor/s who is below the age of majority.

3. TERMS OF USE APPLICABLE TO ALL USERS OTHER THAN PRACTITIONERS

The terms in this paragraph 3 are applicable only to Users other than Practitioners.

4. REFUND POLICY

5. TERMS OF USE FOR PRACTITIONERS

The terms of use for Practitioners are defined under the Practitioners’ terms of use (www.jeevone.com; www.jeevone.in; www.jeevone.org; www.jeevone.care; www.jeevone.health; www.jeevone.net; www.jeevone.co.in. Practitioners are bound by the terms defined here and in the Practitioners’ terms of use. In case of any clash/discrepancy/conflict, the Practitioner is bound to the terms defined under the Practitioner’s terms of use.

6. JEEVONE SPONSOR RIGHTS

  1. JEEVONE reserves the rights to display sponsored ads on the Website/ App. Without prejudice to the status of other content, JEEVONE will not be liable for the accuracy of information or the claims made in the Sponsored Listings. JEEVONE does not encourage the Users to Jeevone the Sponsored Listings page or to avail any services from them. JEEVONE and your sponsoring/promoting organisation/body, will not be liable for the services of the providers of the Sponsored Listings.
  2. You represent and warrant that you will use these Services in accordance with applicable law. Any contravention of applicable law as a result of your use of these Services is your sole responsibility, and JEEVONE and your sponsoring/promoting organisation/body accept no liability for the same.

7. RIGHTS AND OBLIGATIONS RELATING TO CONTENT

  1. As mandated by Regulation 3(2) of the IG Rules, JEEVONE hereby informs Users that they are not permitted to host, display, upload, modify, publish, transmit, update or share any information that:
    1. belongs to another person and to which the User does not have any right to;
    2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
    3. harm minors in any way;
    4. infringes any patent, trademark, copyright or other proprietary rights;
    5. violates any law for the time being in force;
    6. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
    7. impersonate another person;
    8. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
    9. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.
  2. Users are also prohibited from:
    1. violating or attempting to violate the integrity or security of the Website/ App or any JEEVONE Content;
    2. transmitting any information (including job posts, messages and hyperlinks) on or through the Website/ App that is disruptive or competitive to the provision of Services by JEEVONE;
    3. intentionally submitting on the Website/ App any incomplete, false or inaccurate information;
    4. making any unsolicited communications to other Users;
    5. using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website/ App;
    6. attempting to decipher, decompile, disassemble or reverse engineer any part of the Website/ App;
    7. copying or duplicating in any manner any of the JEEVONE Content or other information available from the Website/ App;
    8. framing or hot-linking or deep linking any JEEVONE Content, unless otherwise expressly granted permission.
  3. JEEVONE, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information (as mentioned above) generated by Users, or on being notified by the appropriate Government or its agency that the Website/ App is being used by the User to commit any unlawful act and/or is being used in violation of Paragraphs 6.1 and 6.2 above, shall be entitled to remove or disable access to the material or information that is in contravention of this Paragraph 6. JEEVONE is entitled to act, as required by the IG Rules, within thirty six hours of obtaining such knowledge and, where applicable, work with Users to disable such information that is in contravention of applicable law.
  4. In case of non-compliance with any applicable laws, rules or regulations, or the Agreement (including the Privacy Policy) by a User, JEEVONE has the right to immediately terminate the access or usage rights of the User to the Website/ App and Services and to remove non-compliant information from the Website/ App.
  5. JEEVONE may disclose or transfer User-generated information to its affiliates or governmental authorities in such manner as permitted or required by applicable law, and you hereby consent to such transfer. JEEVONE will comply with any duly-issued government or court directions to disable access to the User-generated information, should it be found to be illegal by a competent governmental authority.

8. TERMINATION

  1. JEEVONE reserves the right to suspend or terminate a User’s access to the Website/ App, Mobile Application and the Services with or without notice and to exercise any other remedy available under law, in cases where,
    1. Such User breaches any terms and conditions of the Agreement;
    2. A third party reports violation of any of its right as a result of your use of the Services.
    3. JEEVONE is unable to verify or authenticate any information provided to JEEVONE by a User;
    4. JEEVONE has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User; or.
    5. JEEVONE believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for JEEVONE or are contrary to the interests of the Website/ App.
  2. Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Website/ App under the same account, a different account or re-register under a new account. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages, files and other material kept on the Website/ App by such User. The User shall ensure that he/she/it has continuous backup of any medical services the User has rendered in order to comply with the User’s record keeping process and practices.

9. LIMITATION OF LIABILITY

  1. In no event, including but not limited to negligence, shall JEEVONE, or any of its directors, officers, employees, agents or content or service providers or your sponsoring/promoting organisation/body,(collectively, the “Protected Entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Website/ App or the content, materials and functions related thereto, the Services, User’s provision of information via the Website/ App, lost business or lost End-Users, even if such Protected Entity has been advised of the possibility of such damages. In no event shall the Protected Entities be liable for:
    1. provision of or failure to provide all or any service by Practitioners to End- Users contacted or managed through the Website/ App;
    2. any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Website/ App;
    3. any unauthorized access to or alteration of your transmissions or data; or
    4. any other matter relating to the Website/ App or the Service.
  2. In no event shall the total aggregate liability of the Protected Entities to a User for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from this Agreement or a User’s use of the Website/ App or the Services exceed, in the aggregate Rs. 1000/- (Rupees One Thousand Only).

10. INDEMNITY

User agrees to indemnify and hold harmless its sponsoring/promoting organisation/body and JEEVONE, its affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from User’s access to or use of Service, violation of this Agreement, or infringement, or infringement by any other User of his/her/its account, of any intellectual property or other right of any person or entity. JEEVONE will notify you promptly of any such claim, loss, liability, or demand, and in addition to your foregoing obligations, you agree to provide us with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

11. APPLICABLE LAW AND DISPUTE SETTLEMENT

  1. You agree that this Agreement and any contractual obligation between JEEVONE and User will be governed by the laws of India.
  2. Any dispute, claim or controversy arising out of or relating to this Agreement, including the determination of the scope or applicability of this Agreement to arbitrate, or your use of the Website/ App or the Services or information to which it gives access, shall be determined by arbitration in India, before a sole arbitrator appointed by JEEVONE. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be New Delhi. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the parties to the dispute.
  3. Subject to the above Paragraph 10.2, the courts at Bengaluru, India shall have exclusive jurisdiction over any disputes arising out of or in relation to this Agreement, your use of the Website/ App or the Services or the information to which it gives access.

12. CONTACT INFORMATION

  1. If a User has any questions concerning JEEVONE, the Website/ App, this Agreement, the Services, or anything related to any of the foregoing, JEEVONE customer support can be reached at the following email address support@jeevone.com
  2. In accordance with the Information Technology Act, 2000, and the rules made there under, if you have any grievance with respect to the Website/ App or the service, including any discrepancies and grievances with respect to processing of information, you can contact:

    Name:

    Designation:

    Address:

    Email:

    Telephone:

    In the event you suffer as a result of access or usage of our Website/ App by any person in violation of Rule 3 of the IG Rules, please address your grievance to the above person.

13. SEVERABILITY

If any provision of the Agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from this Agreement and the remainder of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event, the Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.