Lyflink Terms & Conditions
Last update on : 07:07:2017
Lyfscience Medtech Pvt. Ltd. (“Lyflink”) is the author and publisher of the internet resource www.Lyflink.com and the mobile application ‘Lyflink’ (together, “Website”). Lyflink owns and operates the services provided through the Website.
NATURE AND APPLICABILITY OF TERMS
The Agreement applies to you whether you are -
A medical practitioner or health care provider (whether an individual professional or an organization) or similar institution wishing to be listed, or already listed, on the Website, including designated, authorized associates of such practitioners or institutions (“Practitioner(s)”, “you” or “User”); or
A patient, his/her representatives or affiliates, searching for Practitioners through the Website (“End-User”, “you” or “User”); or
Otherwise a user of the Website (“you” or “User”).
This Agreement applies to those services made available by Lyflink on the Website, which are offered free of charge to the Users (“Services”), including the following:
For Practitioners: Listing of Practitioners and their profiles and contact details, to be made available to the other Users and visitors to the Website;
For other Users: Facility to (i) create and maintain ‘Health Accounts’, (ii) search for Practitioners by name, speciality, and geographical area, or any other criteria that may be developed and made available by Lyflink, and (iii) to make appointments with Practitioners.
The Services may change from time to time, at the sole discretion of Lyflink, and the Agreement will apply to your visit to and your use of the Website to avail the Service, as well as to all information provided by you on the Website at any given point in time.
This Agreement defines the terms and conditions under which you are allowed to use the Website 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 support@Lyflink.com.
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 following any such modification constitutes your agreement to follow and be bound by the Agreement so modified.
You acknowledge that you will be bound by this Agreement for availing any of the Services offered by us. If you do not agree with any part of the Agreement, please do not use the Website or avail any Services.
Your access to use of the Website and the Services will be solely at the discretion of Lyflink.
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,
the (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”).
1. THE WEBSITE
1.1. Users: The Website is accessible to visitors / non-registered users, registered users and healthcare practitioners. "Registered Users" are users who have registered themselves an account on the Website by providing Lyflink with certain information and who can log on to the Website by providing their username and password. "Non-Registered Users" are users who are not registered with the Website but may access information on the Website. Certain features of the Website are available to Registered Users only. "Health Care Practitioners" are duly qualified members of medical or dental profession and (a) with whom Registered Users can book appointment using the Website or (b) who can provide information to questions raised by Registered Users or (c) with whom Registered Users can consult privately with respect to their queries or d) who can generate and provide health related information and education material for general use of Registered Users."Labs" are registered laboratories that collect patient samples from Registered Users for the purpose of conducting pathological tests and varied diagnostic services referred to as "Lab Tests". Registered Users, Non-Registered Users and Health Care Practitioners shall collectively be referred to as "Users".
1.2. Features of the Website: The Website offers the following features:
a) For Registered Users:
i. Platform for obtaining generic and preliminary information from Health Care Practitioners to a health related question: You may ask any health related question on the Website and obtain preliminary and generic information to such question from a Health Care Practitioner. Your identity is not disclosed to the Health Care Practitioner s or other Registered Users at this stage.
ii. Platform for viewing generic and preliminary information of Health Care Practitioner on questions submitted by other Registered Users: You may access the information provided by an Health Care Practitioner to questions submitted by other Registered Users on the Website.
iii. Platform to schedule in-person appointment with HEALTH CARE PRACTITIONER: You may use Website to schedule an in-person appointment with HEALTH CARE PRACTITIONER at the HEALTH CARE PRACTITIONER's premises.
iv. Platform to interact with HEALTH CARE PRACTITIONER privately: You may interact with an HEALTH CARE PRACTITIONER privately on the chat feature available on the Website or via other communication feature which the Website may provide after paying consultation fee to the HEALTH CARE PRACTITIONER and an internet handling fee to Lyflink as applicable from time to time but not exceeding 50% of HEALTH CARE PRACTITIONER consultation fees.
v. Platform to pay HEALTH CARE PRACTITIONER for non-Website interaction: You may make use of the Website solely for the purpose of paying an HEALTH CARE PRACTITIONER for a non-Website/offline interaction with such HEALTH CARE PRACTITIONER after paying Lyflink's internet handling fee.
vi. Platform to order Lab Tests from Labs: You may use the Website to order Lab Tests from Labs. The Website allows you to schedule a sample pick-up at Your home, which will be used by a Lab to conduct a Lab Test and share the results of such Lab Test with You through the Website. Visit www.Lyflink.com/lab-tests to learn more about the Lab Tests that are offered on the Website.
b) For Non-Registered Users:
i. Access to HEALTH CARE PRACTITIONER Profiles: Depending on the extent of information shared by HEALTH CARE PRACTITIONERs at the time of registering with the Website, the HEALTH CARE PRACTITIONERs' profile containing their name, qualification, experience, specialization, consultant fees, personal statement, education, professional memberships etc. can be accessed by You. The Website offers various search features to aid You in accessing HEALTH CARE PRACTITIONER profiles.
ii. Access to HEALTH CARE PRACTITIONER Availability for in-person appointment: Based on information communicated by HEALTH CARE PRACTITIONER, the Website shows indicative appointment slots available for in-person consultation at HEALTH CARE PRACTITIONER's premises.
c) For Health Care Practitoners:
i. Platform to publish profile: You may upload Your profile containing Your name, qualification, experience, specialization, consultation fees, personal statement, education, professional memberships etc. on Website. Your profile is accessible to all Registered as well as Non-Registered Users.
ii. Platform for private interaction: You may use Website for private interaction with Registered Users. In course of the private interaction, You can exchange texts, images, videos over the chat feature of the platform and communicate through other means provided by the Lyflink such as calls.
iii. Platform to receive consultation fees for non-Website interaction: You may use the Website to receive fees for Your interactions with Registered User outside the Website / offline.
iv. Platform to provide information to questions to health related questions submitted by Registered Users: You may provide Your preliminary and generic information to health related questions submitted by Registered Users.
v. Platform to publish HEALTH CARE PRACTITIONER-contributed health related information and education material: You may contribute health related information and education material which Lyflink may, with or without modification, in its sole discretion, publish on the Website.
1.3. Types of content on the Website:
The various types of content available on the Website may be categorised as follows:
1.3.1. Content provided by Registered Users including questions provided by Registered Users and interactions in the course of private interactions with HEALTH CARE PRACTITIONERs ("User Content")
1.3.2. Content provided by HEALTH CARE PRACTITIONER including health related information and educational material; and information provided by way of responses to questions raised by Registered Users or in course of private interactions with Registered Users ("HEALTH CARE PRACTITIONER Content");
1.3.3 Content provided by Labs including instructions, results, reports and any other information relating to Lab Tests ("Lab Content").
1.3.4. Content which Lyflink (through itself or its contractors) has generated or procured for the Website ("Lyflink Content");
2. USE OF THE SITE
2.1. Use by all Users (Registered, Non-Registered User and HEALTH CARE PRACTITIONER)
2.1.1. You will use the Website and the features provided by the Website only in relation to and in compliance with all applicable Indian laws. You will not use this Website or any feature provided by the Website for any purposes not intended under this Agreement.
2.1.2. You will not deliberately use the Website in any way that is unlawful or harms Lyflink, its directors, employees, affiliates, distributors, partners, service providers and/or any User and/or data or content on the Website.
2.1.3. You understand that as part of Your registration process as well as in course of Your use of the Website, You may receive SMS messages from Lyflink on Your registered mobile number. These messages will relate to Your registration, transactions that You carry out through the Website and any such information found suitable of Your attention by Lyflink. Please note that Lyflink will send these SMS messages only to the mobile number that You provide on the Website. It is Your responsibility to ensure that You provide the correct number for the transaction You wish to enter into. Further, Lyflink may also send notifications and reminders to You with respect to appointments scheduled by You for the features that You may be using on the Website. You hereby consent to receive such messages from Lyflink.
2.1.4. By using the website and/or registering yourself at Lyflink you authorize us to contact you via email or phone call or sms and offer you services for the product you have opted for, imparting product knowledge, offer promotional offers running on website, for which reasons, personally identifiable information may be collected as detailed below. And Irrespective of the fact if also you have registered yourself under DND or DNC or NCPR service, you still authorize us to give you a call from the Lyflink & associate partners for the above mentioned purposes till 45 days of your engagement with us.
2.2. Use by Registered User
2.2.1. You acknowledge that this Website is an informative platform only. Lyflink and this Website are not in the business of providing healthcare service or hospital services.
2.2.2. We encourage You to independently verify any information You see on the Website including information provided by a HEALTH CARE PRACTITIONER. You will use the Website and the features provided by the Website only in relation to and in compliance with all applicable Indian laws. You will not use this Website or any feature provided by the Website for any purposes not intended under this Agreement.
2.2.3. The Website allows You to select and schedule appointments with HEALTH CARE PRACTITIONERS. In doing so, Lyflink can help providing You with lists and/or profile previews of HEALTH CARE PRACTITIONERs who may be suitable to deliver the health care that You are seeking based on information that You provide to Lyflink (such as area of specialty and geographical location).
2.2.4. Please note that Lyflink (i) does not recommend or endorse any HEALTH CARE PRACTITIONERs mentioned on the Website; and (ii) does not make any representations or warranties with respect to HEALTH CARE PRACTITIONERs or the quality of the healthcare services they may provide, and (iii) does not grade physicians.
2.2.5. You will obtain all relevant consents and approvals prior to posting or providing any User Content.
2.2.6. You may schedule an appointment on the Website for Your family members and friends. However please note that such You will be solely responsible for any activity that is undertaken through his/her account on behalf of his/her family members and friends.
2.2.7. You have the option of uploading Your identifiable health information including physical, physiological and mental health condition, and medical records and history on the Website which may be accessed by the HEALTH CARE PRACTITIONER at the time of private interactions using the Website.
2.2.8. Lyflink will levy an advance internet handling fee for each private interaction that You have with an HEALTH CARE PRACTITIONER through the Website. Lyflink will also collect the consultation fee payable to the HEALTH CARE PRACTITIONER in advance on behalf of HEALTH CARE PRACTITIONER and pay to HEALTH CARE PRACTITIONER without retaining any share from fees.
2.2.9. You may use the Website to order Lab Tests from Labs. The Website allows You to schedule a time for a home sample collection and pay the corresponding Lab Test fee. If you cancel a Lab Test order prior to the sample collection, you will receive a full refund of the Lab Test fee. If you cancel a Lab Test after the sample collection, you will receive a refund for the Lab Test fee, less the applicable collection service charge.
2.3. Use by Non-Registered User
2.3.1. Lyflink will provide You with lists and/or profile previews of HEALTH CARE PRACTITIONERs based on information that You provide to the Website's search features (such as area of specialty and geographical location). Please note that Lyflink (i) does not recommend or endorse any HEALTH CARE PRACTITIONERs mentioned on the Website; and (ii) does not make any representations or warranties with respect to these HEALTH CARE PRACTITIONERs or the quality of the healthcare services they may provide
3. ROLE OF LYFLINK
3.1. Lyflink's role is limited to a) providing a platform for hosting and publishing User Content, Lab Content and HEALTH CARE PRACTITIONER Content b) providing a platform for Registered Users to raise health related questions and HEALTH CARE PRACTITIONER's to provide preliminary and generic information to the questions c) providing a platform for private interaction between Registered User and HEALTH CARE PRACTITIONER d) providing a platform to find HEALTH CARE PRACTITIONERs based on Registered User's inputs and HEALTH CARE PRACTITIONER profiles created by HEALTH CARE PRACTITIONERs themselves and e) providing a platform for Registered Users to order Lab Tests f) facilitating collection and disbursal of consultationand service fees for HEALTH CARE PRACTITIONERs and Labs.
3.2. Lyflink's role is that of an 'intermediary' as defined under the Information Technology Act, 2000 and the rules thereunder. Being an intermediary, Lyflink has no responsibility and / or liability in respect of the content and transactions on the Website including any User Content, Lab Content or HEALTH CARE PRACTITIONER Content , information provided by HEALTH CARE PRACTITIONERs or Labs, interactions between HEALTH CARE PRACTITIONERs and Labs on the one hand and Users on the other hand.
3.3. Lyflink does not have the obligation to pre-screen or monitor User Content, Lab Content or HEALTH CARE PRACTITIONER Content at any time. However Lyflink may elect to monitor any User Content or HEALTH CARE PRACTITIONER Content and remove any User Content and HEALTH CARE PRACTITIONER Content from the Website if Lyflink determines in its sole discretion that such User Content and/or HEALTH CARE PRACTITIONER Content is in violation of this Agreement or any applicable law and best practices. Where Lyflink removes any User Content or HEALTH CARE PRACTITIONER Content from the Website, Lyflink will make reasonable efforts to inform the User or HEALTH CARE PRACTITIONER who had posted such User Content or HEALTH CARE PRACTITIONER Content respectively. Such actions do not in manner negate or dilute Lyflink's position as an intermediary or impose any liability on Lyflink with respect to User Content and/or HEALTH CARE PRACTITIONER Content.
3.4. If Lyflink suspects any illegal, wrongful or fraudulent activity on the Website by any Registered User, Lab or HEALTH CARE PRACTITIONER, notwithstanding any other rights Lyflink may have, Lyflink reserves the right to inform the relevant government or law enforcement authorities. Lyflink will cooperate in all investigative procedures or requests for access / information initiated by any such government or law enforcement authorities.
3.5. Lyflink does not endorse or influence control over any particular branch of medicine, theory, opinion, viewpoint or position on any topic.
4. LINKS TO THIRD PARTY WEBSITES
4.1. You may be provided with links on the Website that direct You to third party websites / applications / content or service providers, including advertisers and e-commerce websites (collectively "Third Party Websites").
4.3. Lyflink does not endorse any Third Party Websites that You may be directed to from the Website.
5. PROPRIETARY RIGHTS
5.1. Lyflink respects the intellectual property rights of others, and We expect the same from You. The Website, User Content, HEALTH CARE PRACTITIONER Content, Lab Content and the Lyflink Content are protected by applicable intellectual property laws of United States.
5.2. Lyflink's Rights to the Website and Lyflink Content
5.2.1. All intellectual property in and to the Website, any software, techniques and processes used in connection with the Website, belongs exclusively to Lyflink or its licensors. Through Your use of the Website, by no means are any rights impliedly or expressly granted by Lyflink to You in respect of such works.
5.2.2. Lyflink and/or its licensors assert all proprietary rights in and to all names and trademarks contained on the Website. Notwithstanding the generality of the foregoing, the name, "Lyflink" is the trademark and copyright (or any other intellectual property right) of Lyflink and/or its licensors. Any use of the Lyflink's trademarks or copyright, unless otherwise authorized in a written agreement, will constitute an infringement upon the trademark and copyright (or any other such intellectual property right) of Lyflink and may be actionable under the applicable laws.
5.2.3. Except as stated otherwise in this Agreement all Lyflink Content (including all intellectual property rights to such content) is owned exclusively by Lyflink and/or its licensors.
5.2.4. When You use the Website in accordance with this Agreement, a limited royalty-free right is granted to You by Lyflink to use Lyflink Content for personal and non-commercial use in India for the time that You are either a Registered User or an HEALTH CARE PRACTITIONER or for the time that You make use of the Website, whichever is less.
5.2.5. Unless explicitly stated herein, nothing in this Agreement shall be construed as conferring on You any license to intellectual property rights, whether by estoppel, implication, or otherwise.
5.2.6. Unless expressly authorized by Lyflink, You agree not to reproduce, modify, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the Lyflink Content, in whole or in part, by any means. You must not remove or modify any copyright or trademark notice, or other notice of ownership.
5.3. Rights in User Content And HEALTH CARE PRACTITIONER Content
5.3.1. You agree that You are the owner of all rights (including all intellectual property rights) in the User Content (in case You are a Registered User) or HEALTH CARE PRACTITIONER Content (in case You are a HEALTH CARE PRACTITIONER) that You post on the Website or provide to Lyflink.
5.3.2. You hereby grant Lyflink a perpetual, non-revocable, worldwide, royalty-free license to make use of such User Content (in case You are a Registered User) or HEALTH CARE PRACTITIONER Content (in case You are a HEALTH CARE PRACTITIONER) including the right to copy, distribute, display, reproduce, modify, adapt, the User Content or HEALTH CARE PRACTITIONER Content, as the case may me, and create derivate works of the User Content or HEALTH CARE PRACTITIONER Content, as the case may be.
6. PERSONAL INFORMATION
6.1.1. We may collect various personal information from You when You use the Website and or the features provided by the Website.
6.1.4. Lyflink may disclose Your Personal Information in accordance with applicable law.
7.1. Interaction with HEALTH CARE PRACTITIONER on the Website:
7.1.1. You understand and agree that any interactions and associated issues with the HEALTH CARE PRACTITIONER(s) on the Website, is strictly between You and the HEALTH CARE PRACTITIONER(s). You shall not hold Lyflink responsible for any such interactions and associated issues. Lyflink is not involved in the providing any healthcare or medical advice or diagnosis and hence is not responsible for any outcome between You and the HEALTH CARE PRACTITIONER You interact with. If You decide to engage with a HEALTH CARE PRACTITIONER to provide medical services to You, You do so at Your own risk.
7.1.2. The results of any search You perform on the Website for HEALTH CARE PRACTITIONERs, or provision of access to any HEALTH CARE PRACTITIONER on the basis of Your specific request, should not be construed as endorsement by this Website of any such particular HEALTH CARE PRACTITIONER. We make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, quality of work, expertise of the HEALTH CARE PRACTITIONER. The search results are based on an object computer algorithm.
7.1.3. Lyflink shall not be responsible for any breach of service or service deficiency by any HEALTH CARE PRACTITIONER.
7.1.4. We can neither assure that all transactions on the Website will be completed nor do We guarantee the ability or intent of HEALTH CARE PRACTITIONER to fulfill their obligations in any transaction. We advise You to perform Your own investigation prior to selecting a HEALTH CARE PRACTITIONER.
7.2. Interaction with Labs on the Website:
7.2.1. You understand and agree that any interactions and associated issues with the Lab(s) on the Website, is strictly between You and the Lab(s). You shall not hold Lyflink responsible for any such interactions and associated issues. Lyflink is not involved in the providing any healthcare or medical advice or diagnosis and hence is not responsible for any outcome between You and the Lab You interact with. If You decide to engage with a Lab to provide lab or diagnostic services to You, You do so at Your own risk.
7.2.2. We make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, quality of work, or expertise of any Lab.
7.2.3. Lyflink shall not be responsible for any breach of service or service deficiency by any Lab.
7.2.4. We can neither assure that all transactions on the Website will be completed nor do We guarantee the ability or intent of a Lab to fulfill their obligations in any transaction. We advise You to perform Your own investigation prior to ordering a Lab Test.
7.3. Clinical Support Information: We may provide information to assist You in clinical decision-making. This may include information and reminders concerning drug interactions, lab and diagnostic services, allergies, dosages, as well as general health-care related information and resources. The information and materials available through the Website are for informational and educational purposes only and are not intended to constitute professional advice, diagnosis or treatment, or to substitute professional judgment. Information that may be placed on the Website by third parties, including HEALTH CARE PRACTITIONER Content, and Lab Content, is beyond Our control. We are not responsible for the accuracy or completeness of information available from or through Our Website. You assume full risk and responsibility for the use of information You obtain from or through this site, and You agree that Lyflink is not responsible or liable for any claim, loss, or liability arising from the use of the information. We do not recommend or endorse any HEALTH CARE PRACTITIONER, Lab or diagnostic or health-related products, items or services, and the appearance of materials on the Website relating to any such products, items or services is not an endorsement or recommendation of them. You agree to review the definitions, functionality, and limitations of the information on the Website, and to make an independent determination of their suitability for Your use. We make no guarantees, representations or warranties, whether expressed or implied, with respect to information provided on the website
7.4. Information regarding HEALTH CARE PRACTITIONER/Lab and practice information: Information regarding HEALTH CARE PRACTITIONER/Lab and practice information found on the Website is intended for general reference purposes only. Such information found on the Website is mainly self-reported by the HEALTH CARE PRACTITIONER. Such information often changes frequently and may become out of date or inaccurate. Neither the Website nor Lyflink provides any advice or qualification certification about any particular HEALTH CARE PRACTITIONER or Lab. You are encouraged to independently verify any such information You see on the Website with respect to a HEALTH CARE PRACTITIONER or Lab that You seek to make an appointment with.
7.5. No Professional Relationship: Please note that some of the content including text, data, graphics, images, information, suggestions, guidance, and other material that may be available on the Website (including information provided in direct response to Your questions or postings) may be provided by HEALTH CARE PRACTITIONERs or Labs. The provision of such content to You by Lyflink does not constitute delivery of health care or diagnostic services to You and does not create a professional relationship between Lyflink and You.
7.6. No Medical Advice Provided: The content provided by the Website, either by Lyflink or by HEALTH CARE PRACTITIONER, should not be construed under any circumstances to be an opinion, medical advice, or diagnosis or treatment of any particular condition, but is only provided to assist you with locating appropriate medical care from a qualified practitioner.
If You rely on any of the Information provided by the Website, You do so solely at Your own risk. The Information that You obtain or receive from Lyflink, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Website is for informational and scheduling purposes only. In no event shall We be liable to You or anyone else for any decision made or action taken by You in reliance on such information.
7.7. Non-substitution of professional medical advice: The Information provided on the Website and in any other communications from or provided through Lyflink is not intended as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. Do not disregard, avoid or delay obtaining medical advice from a qualified health care professional because of advice that You may have obtained through the Website. Your use of Information provided on the Website is solely at Your own risk. Nothing stated or posted on the Website or available through any Services is intended to be, and must not be taken to be, the practice of medicine or the provision of medical care. You acknowledge and confirm that Lyflink shall not be responsible for Your treatment or be treated as a health care provider on account of collection of the consultation fees for private consultation by HEALTH CARE PRACTITIONER or collection of fees for Lab Tests by Labs, for any reason whatsoever.
7.8. LYFLINK DISCLAIMS ANY REPRESENTATION AND/OR WARRANTYFOR THE SECURITY, RELIABILITY, QUALITY, TIMELINESS, AND PERFORMANCE OF (I) THE WEBSITE AND ITS FEATURES; (II) HEALTH CARE PRACTITIONER WHO RESPONDS TO QUESTION OF A REGISTERED USER OR WHO INTERACTS PRIVATELY WITH A REGISTERED USER; (III) ANY INFORMATION, CONTENT OR ADVICE AVAILABLE ON OR RECEIVED THROUGH THE WEBSITE (IV) ACCESS TO OR ALTERATION OF USER CONTENT OR HEALTH CARE PRACTITIONER CONTENT (V) TRANSMISSIONS OR DATA AND (VI) THE ACCURACY OF ANY LAB CONTENT INCLUDING LAB TEST RESULTS (VII)ANY OTHER MATTER RELATING TO THE WEBSITE AND / OR SERVICES.
7.9. LYFLINK MAKES NO WARRANTY OR REPRESENTATION THAT ANY ERRORS IN THE WEBSITE WILL BE CORRECTED EXCEPT AS REQUIRED BY LAW.
7.10. LYFLINK ASSUMES NO RESPONSIBILITY AND/OR LIABILITY WITH RESPECT TO ANY USER CONTENT, LAB CONTENT OR HEALTH CARE PRACTITIONER CONTENT (AS APPLICABLE) WHICH YOU MAY POST ON THE WEBSITE AND YOU ARE SOLELY RESPONSIBLE FOR SUCH USER CONTENT POSTED ON THE SITE.
7.11. YOU AGREE THAT THE OPEN AND REAL-TIME NATURE OF THE PLATFORM MAKE IT IMPOSSIBLE FOR LYFLINK TO VOUCH FOR THE VALIDITY, AUTHETICITY AND HONESTY OF USER CONTENT OR HEALTH CARE PRACTITIONER CONTENT. LYFLINK IS NOT RESPONSIBLE FOR ANY USER CONTENT OR HEALTH CARE PRACTITIONER CONTENT ON THE SITE, OR FOR THE CONSEQUENCES OF YOU READING OR RELYING ON SUCH CONTENT.
7.12. THE SITE IS PROVIDED ON A "AS IS" AND "AS AVAILABLE" BASIS. NEITHER LYFLINK NOR ANY THIRD PARTY SERVICE PROVIDERS ARE LIABLE FOR ANY TECHNICAL OR OTHER OPERATIONAL DIFFICULTIES OR PROBLEMS WHICH MAY RESULT IN LOSS OF YOUR DATA, PERSONALIZATION SETTINGS OR OTHER INTERRUPTIONS IN THE FEATURES OFFERED ON THE WEBSITE. NEITHER LYFLINK NOR ANY THIRD PARTY IS LIABLE FOR THE DELETION, LOSS, MIS-DELIVERY, TIMELINESS OR FAILURE TO STORE OR TRANSMIT ANY USER CONTENT, LAB CONTENT OR HEALTH CARE PRACTITIONER CONTENT, LYFLINK CONTENT OR YOUR PERSONALIZATION SETTINGS.
7.13. LYFLINK DOES NOT PROVIDE ANY GUARANTEE AND SHALL NOT BE HELD LIABLE OR RESPONSIBLE FOR THE FAILURE TO SEND SMS OR OTHER NOTIFICATIONS OR REMINDERS TO YOU AS A FEATURE OF THE WEBSITE.
7.14. Neither the HEALTH CARE PRACTITIONERs, Labs nor Lyflink shall be responsible or liable for any breach or loss of data including Personal Information caused due to events beyond the control of HEALTH CARE PRACTITIONERs / Lyflink or due to technical reasons or third party actions.
8. LIMITATION OF LIABILITY:
8.1. To the fullest extent permitted by law, in no event will Lyflink or its affiliates be liable for any direct, indirect, special, incidental, punitive, exemplary or consequential damages (including, without limitation, loss of business, revenue, profits, goodwill), whether or not Lyflink has been warned of the possibility of such damages or could have reasonably foreseen such damages. Notwithstanding anything to the contrary in this Agreement, Lyflink's liability under this Agreement to YOU shall in no event exceed the fee amounts collected from You in the preceding one year or INR 5000 whichever is lower.
9. REPRESENTATION AND WARRANTIES
By Using This Website You Represent And Warrant That:
9.1. You are 18 years of age or older and that Your use of the Website shall not violate any applicable law or regulation;
9.2. All registration information You submit is truthful and accurate and that You agree to maintain the accuracy of such information;
9.3. You as a Registered or Non-Registered User will use the Website solely for Your personal and non-commercial use. Any use of this Website or its content other than for personal purposes is prohibited.
9.4. Your use of this Website shall be subjected to the following restrictions:
9.4.1. You will not delete or modify any content of the Website including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that You do not own or have express permission to modify;
9.4.2. You will not decompile, reverse engineer, or disassemble the content, or
9.4.3. You will not remove any copyright, trademark registration, or other proprietary notices from the Website. You further agree not to access or use this Website in any manner that may be harmful to the operation of this Website or its content.
9.5. You will not use the Website and / or services in any way that is unlawful, or harms the Company or any other person or entity, as determined in the Company's sole discretion.
9.6. You will not engage in any form of antisocial, disrupting, or destructive acts, including "flaming", "spamming", "flooding", "trolling", "phishing" and "griefing" as those terms are commonly understood and used on the Internet.
9.7. You will not host, display, upload, modify, publish, transmit, update or share any information that —
(a) belongs to another person and to which the user does not have any right to;
(b) 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;
(c) harm minors in any way;
(d) infringes any patent, trademark, copyright or other proprietary rights(s), violates any law for the time being in force;
(f) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(g) impersonate another person;
(h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
(i) 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 cognizable offence or prevents investigation of any offence or is insulting any other nation.
You hereby indemnify, defend, and hold Lyflink, the Lyflink's distributors, agents, representatives and other authorized users (Registered and Non-Registered Users, HEALTH CARE PRACTITIONERs), and each of the foregoing entities' respective resellers, distributors, service providers and suppliers, and all of the foregoing entities' respective officers, directors, owners, employees, agents, representatives, harmless from and against any and all losses, damages, liabilities and costs arising from (i)Your use of the Website (ii) Your breach of provisions of this Agreement and (iii) any negligent or intentional wrongdoing on Your part.
Lyflink reserves the right, in the event it finds out in its sole discretion that You breached the Agreement, to suspend and / or terminate Your user account and/or access to the Website by blocking Your IP address or email id with or without notice to You. Any suspected illegal, fraudulent or abusive activity may be grounds for suspending and / or terminating Your user account and/or Your access to the Website. Upon suspension or termination, Your right to use the features on the Website shall immediately cease and the Company reserves the right to remove or delete Your information that is available with the Company, including but not limited to login and account information.
Upon user account termination or suspension, regardless of the reasons therefore, Your right to use the Website, User Content, HEALTH CARE PRACTITIONER Content or Lyflink Content immediately ceases, and You acknowledge and agree that We may immediately deactivate or delete Your account and all related information and files in Your account and/or bar any further access to such files or this site. Lyflink shall not be liable to You or any third party for any claims or damages arising out of any termination or suspension of Your user account or any other actions taken by Us in connection with such account termination or suspension.
12. GOVERNING LAW AND JURISDICTION
The interpretation of this Agreement and the resolution of any disputes arising under this Agreement shall be governed by the laws of India.
13.1. Lyflink reserves the right to modify any part of the Agreement at any time without giving You prior notice.
13.2. When We update the Agreement, the next time You visit the Website, the Website will provide a message to you (which may be sent by email if You have provided Your Email Id) which will intimate You of the amendments. You do not agree to the amendments, please do not use the Website any further.
14.1. Any dispute, claim or controversy arising out of or relating to this notice or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this Agreement to arbitrate, or to Your use of the Website or its features or the information to which it gives access, shall be determined by arbitration in India, before a single arbitrator in accordance with the London Court of International Arbitration, India Arbitration Rules (LCIA Rules), which LCIA Rules are deemed to be incorporated by reference into this Agreement. The venue of such arbitration shall be New Delhi, India. The governing law of the Agreement shall be the substantive law of India. 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 .
14.2. The Parties shall have the right to apply to a court of competent jurisdiction to obtain interim injunctive relief in respect of any dispute, pending resolution of such dispute in accordance with the Agreement.
15. GENERAL PROVISIONS
15.1. Severability: If any provision of this 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 the 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.
15.2. Notices: All notices and other communications required or permitted hereunder to be given to a Party shall be in writing, in the English language, and shall be sent by facsimile, e-mail, or mailed by prepaid internationally-recognized courier, or otherwise delivered by hand or by messenger, addressed to such Party's address as set forth below or at such other address as the Party shall have furnished to the other Party in writing in accordance with this provision:
If to Lyflink:
One World Helath LLP
B – 604 , Madhuvan , Shimpoli , Gorai Road ,
Borivali West - 400092
If to You:
at the email address provided by You to us when You registered as a Lyflink User.
15.3. Waiver: No term of the Agreement shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented. Any consent by any Party to, or waiver of a breach by the other, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
15.4. Complete Understanding: The Agreement contain the entire understanding of the Parties, and there are no other written or oral understandings or promises between the Parties with respect to the subject matter of the Agreement other than those contained or referenced in the Agreement.
15.5. Force Majeure: Lyflink shall not be liable for any downtime or delay or unavailability of the Website caused by circumstances beyond Lyflink's reasonable control, including without limitation, acts of God, acts of government, floods, fires, earthquakes, civil unrest, acts of terror, strikes or other labour problems, internet service provider failures or delays, or denial of service attacks.
15.6. Advice of Counsel: Each Party acknowledges: (a) having fully read the Agreement in its entirety; (b) having had full opportunity to study and review the Agreement.
15.7. Advertisement: Lyflink shall have the right to place advertisements and publicity materials of its choice, including that pertaining to parties other than itself for commercial use through electronic means on the Website.
15.8. Assignment: You may not assign or sub-license, without the prior written consent of Lyflink, the rights, duties or obligations under this Agreement, in whole or in part, to any person or entity.
16.LIMITATION OF LIABILITY
In no event, including but not limited to negligence, shall Lyflink, or any of its directors, officers, employees, agents or content or service providers (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 or the content, materials and functions related thereto, the Services, User’s provision of information via the Website, 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:
provision of or failure to provide all or any service by Practitioners to End- Users contacted or managed through the Website;
any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Website;
any unauthorized access to or alteration of your transmissions or data; or
any other matter relating to the Website or the Service.
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 or the Services exceed, in the aggregate Rs. 1000/- (Rupees One Thousand Only).
17.RETENTION AND REMOVAL
Lyflink may retain such information collected from Users from its Website or Services for as long as necessary, depending on the type of information; purpose, means and modes of usage of such information; and according to the SPI Rules. Computer web server logs may be preserved as long as administratively necessary.
18.APPLICABLE LAW AND DISPUTE SETTLEMENT
18.1You agree that this Agreement and any contractual obligation between Lyflink and User will be governed by the laws of India.
18.2Any 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 or the Services or information to which it gives access, shall be determined by arbitration in India, before a sole arbitrator appointed by Lyflink. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be Bangalore. 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.
18.3Subject to the above Clause 9.2, the courts at Bengaluru shall have exclusive jurisdiction over any disputes arising out of or in relation to this Agreement, your use of the Website or the Services or the information to which it gives access.
19.CONTACT INFORMATION GRIEVANCE OFFICER
19.1If a User has any questions concerning Lyflink, the Website, this Agreement, the Services, or anything related to any of the foregoing, Lyflink customer support can be reached at the following email address: hello@Lyflink.com
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.
No provision of this Agreement shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by Lyflink. Any consent by Lyflink to, or a waiver by Lyflink of any breach by you, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
22. REFUND POLICY
- Refund Policy for Paid Consults
- 1. In case a Healthcare Practitioner is not available to respond to a paid consult, You can report the issue to Lyflink and request for cancellation, post which Lyflink will process the refund amount equalling to the total actual amount paid by You, including any internet handling fees. However, the refund will not include the discount value provided by Lyflink.
- 2. In the event it is proved that a Healthcare Practitioner has acted in a manner that is against any applicable laws, Lyflink shall provide complete refund to You, subject to investigation undertaken by Lyflink.
- 3. In the event it is proved that You have demonstrated abusive nature during the consult, You shall not be eligible for any refund and Lyflink/ Healthcare Practitioner shall be entitled to take any legal action as applicable.
- 4. You are allowed a period of seven (7) days to report any consult as incomplete or unsatisfactory, and request for a refund. No refund requests shall be entertained thereafter.
- 2.4.5. You can request a refund from Your consult chat screen or by sending us an email at firstname.lastname@example.org.
- 2.4.6. In the event Lyflink establishes that Your refund claim meets the above conditions, Lyflink shall process the refund accordingly and the money will be refunded to You in three (3) working days from the day refund has been approved from Lyflink.
- Refund Policy for Lab Tests
- 1. If you cancel a Lab Test after the sample collection, refund will not be applicable. (currently clause says partial refund will be provided)
- 2. Refund due to any issues with processing of sample will be provided as per Lab's policy. Lyflinkis not liable for any refund.
- 3. Refund due to any issues with reporting will be provided as per Lab's policy. Lyflink is not liable.