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THE FOLLOWING TERMS AND CONDITIONS GOVERN YOUR ACCESS AND USE OF THIS WEBSITE. KINDLY READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. SJS Healthcare Limited (“SJS”), CIN-U70101DL1999PLC099892, a Company registered under Companies Act, 1956 and now deemed to be registered under the provisions of the Companies Act, 2013 and having its Registered Office at CW-53, Sanjay Gandhi Transport Nagar, Delhi 110042, India is the owner of Satguru Partap Singh Hospitals ( herein after referred as “SPS Hospitals”) at Grand Trunk Road, Sherpur Chowk, Ludhiana, Punjab 141003. SPS Hospitals is the author and publisher of the Internet resource www.spshospitals.com on the world wide web as well as other connected software and applications provided by SPS Hospitals, including but not limited to the mobile applications (referred to as “App”, and together with Website referred to as “Services”). SPS Hospitals provides the Services in partnership with its agents, affiliates, associates, representatives or other third parties (together referred to as “Partners”).
1. APPLICABILITY These Terms and conditions are a legal agreement (“Agreement”) between you and SPS Hospitals in connection with your visit to the Website and your use of the Services. This Agreement applies to all services made available by SPS Hospitals on the Website or App including online appointment booking, bill payments, advance payment against services and/or any other transactions. The Services may change from time to time, at the sole discretion of SPS Hospitals. By downloading or accessing the App or Website to use the Services, you irrevocably accept all the terms and conditions stipulated in this Agreement and agree to fully abide by them. This Agreement supersedes all previous oral and written terms and conditions (if any) communicated to you. SPS Hospitals reserves the right to modify or terminate any portion of the Agreement for any reason and at any time. If you do not agree with any part of the Agreement, please do not use the Website or avail any Services. The Agreement is published in compliance of, and is governed by the provisions of Indian laws, including but not limited to Indian Contract Act, 1872, Indian Information Technology Act, 2000, and 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”). If you have any query about the Agreement, please write to us at contact@spshospitals.com.
2. ELIGIBILITY TO USE THE SERVICES You must be 18 years of age or older to register and use the Services, or visit or use the Website in any manner. By registering, visiting and using the Website or accepting this Agreement, you represent and warrant to SPS Hospitals that you are 18 years of age or older, and that you have the right, authority and capacity to use the Website and the Services available through the Website, and agree to and abide by this Agreement.
3. DISCLAIMER All information available on this website is provided on the condition that the user will make independent verification in respect of its accuracy, completeness or usefulness suitability prior to use or making any decision hereof. The Information does not constitute an invitation or recommendation to take medical services from SPS Hospitals nor is such Information is a substitute for professional advice or solicitation in respect of medical services/ products or recommendation thereof. SPS Hospitals urges the users to seek the advice of professionals, as appropriate, regarding the evaluation of any specific opinion, advice, product, service, or other Information. All information on the site is provided to you "as is" without warranty of any kind either express or implied. SPS Hospitals collects, directly or indirectly, and displays on the Website, relevant information regarding the profile and practice of the Practitioners listed on the Website, such as their specialisation, qualification, fees, location, visiting hours, and similar details. SPS Hospitals takes reasonable efforts to ensure that such information is updated at frequent intervals. SPS Hospitals cannot be held liable for any inaccuracies or incompleteness represented from it, despite such reasonable efforts.
4. DATA PRIVACY SPS Hospitals and its Partners may collect information through your access to the Website, location from which you access and anonymous data of your usage. The collected information will be used only for improving the quality of the Services and to build new services. The Website and App allows SPS Hospitals and its Partners to have access to Users’ personal email or phone number, for the purpose of communication and analytics. The terms “personal information” and “sensitive personal data or information” are defined under the SPI Rules. The User is responsible for maintaining the confidentiality of the User’s account access information and password, if the User is registered on the Website or App. The User shall be responsible for all usage of the User’s account and password, whether or not authorized by the User. The User shall immediately notify SPS Hospitals of any actual or suspected unauthorized use of the User’s account or password. Although SPS Hospitals will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of SPS Hospitals or others due to such unauthorized use. If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or SPS Hospitals has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, SPS Hospitals has the right to discontinue the Services to the User at its sole discretion.
5. FACILITY OF ONLINE PAYMENT We wish to make your payment process a secure and convenient experience, and invite you to carefully read these Terms and Conditions which govern the use of this Online Payment Facility. We take all reasonable care to ensure the integrity of the Online Payment Facility’s Security. Despite our best care the breaches of security and confidentiality may happen. You acknowledge that we are not liable for any loss suffered by you as a result of any breaches in security. You are responsible for keeping the computer you are making the payment from free from viruses and malicious programs, and maintaining all appropriate security measures. You acknowledge that your failure to do so may lead to, amongst other things, the interception of data by unauthorized parties.
6. The cancellation and refund policy : In case of double payment due to technical issues, you can apply for refund of the booking fees within 30 days from transaction date else the amount paid shall be forfeited.
7. INTELLECTUAL PROPERTY RIGHTS (IPR) The contents of this website are protected by intellectual property laws of India including without limitation to trademark and copyright laws. Reproduction, retransmission, public and/or commercial use of any or all the material on this website is prohibited. The logos, service marks and trademarks ("IP Marks") displayed on the website are the property of SPS Hospitals. Nothing on this Website should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any trademarks without our written permission. You are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Information available on or through the website for commercial or public purposes.
8. RIGHTS AND OBLIGATIONS In terms of Regulation 3(2) of the IG Rules, SPS Hospitals 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. threaten 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.
9. RIGHT TO SUSPEND OR TERMINATE SPS Hospitals reserves the right to suspend or terminate a User’s access to the Website and the Services with or without notice and to exercise any other remedy available under law in case the User breaches any terms and conditions of the Agreement; third party reports violation of any of its right as a result of your use of the Services; SPS Hospitals is unable to verify or authenticate any information provide to SPS Hospitals by a User; SPS Hospitals has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User; or SPS Hospitals believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for SPS Hospitals or its Partners or are contrary to the interests of the website.
10. LIMITATION OF LIABILITY The information available on the Website or App could include inaccuracies or typographic errors. SPS Hospitals has made all efforts to ensure that all the information on the Website is correct, but SPS Hospitals neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data or information contained. SPS Hospitals makes no warranty, express or implied, concerning the website or App and/or its contents and disclaims all warranties of fitness for a particular purpose and warranties of merchantability in respect of Services, including any liability, responsibility or any other claim, whatsoever, in respect of any loss, whether direct or consequential, to any user or any other person, arising out of or from the use of the information contained in the website. In no event shall SPS Hospitals or its Partners be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from: (a) the use or the inability to use the Services; (b) unauthorized access to or alteration of the User's transmissions or data; (c) any other matter relating to the services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the website. Neither shall SPS Hospitals or its Partners be responsible for the delay or inability to use the Website, App, Services or any related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Website or App, or otherwise arising out of the use of the website or app, whether based on contract, tort, negligence, strict liability or otherwise. Further, SPS Hospitals shall not be held responsible for non-availability or access to the Website or App during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason beyond SPS Hospitals control. The user understands and agrees that any material and/or data downloaded or otherwise obtained through the website is done entirely at his/her own discretion and risk and the User himself/herself will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data. These limitations, disclaimer of warranties and exclusions apply without regard to whether the damages arise from (a) breach of contract, (b) breach of warranty, (c) negligence, or (d) any other cause of action, to the extent such exclusion and limitations are not prohibited by applicable law.
11. INDEMNITY User agrees to indemnify and hold harmless SPS Hospitals, its affiliates, officers, directors, employees, consultants, licensors, agents, representatives and Partners 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. SPS Hospitals 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.
12. GOVERNING LAW AND DISPUTE SETTLEMENT MECHANISM This Agreement and any contractual obligation between the Company and User will be governed by the laws of India. The courts at Ludhiana (Punjab) shall have exclusive jurisdiction over any disputes arising out of or in relation to this Agreement.
13. GRIEVANCE OFFICER In terms of Indian Information Technology Act, 2000, and the rules made there under, if you have any grievance with respect to the website or app or the service, including any discrepancies and grievances with respect to processing of information, you can contact our Grievance Officer at: The Grievance Officer, Satguru Partap Singh Hospitals, A unit of SJS Healthcare Limited Grand Trunk Road, Sherpur Chowk, Ludhiana, Punjab 141003 Email: contact@spshospitals.com. In the event you suffer as a result of access or usage of our Website by any person in violation of Rule 3 of the IG Rules, please address your grievance to the above person.
14. SEVERABILITY If any provisions of this Agreement are held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provisions shall be excluded from this Agreement and the remainder of the Agreement shall be interpreted as if such provisions 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.