ACCEPTANCE OF TERMS OF USE
1.1 Nagaa Health Solutions Private Limited (“we”, “us”, “Fixo Care”) is the author and publisher of the internet resource https://fixocare.com/ and mobile application (“Platform”). Fixo Care is engaged in the business of providing multi-specialty healthcare services in India and delivering a hassle-free experience for all elective surgeries & cosmetic procedures with personalized care services though their Platform (“Services”).
1.2 Please read these terms and conditions (“Terms”) and the privacy policy available at https://fixocare.com/term-conditions (“Privacy Policy”) carefully, before you decide to access the Platform and avail the Services. These Terms and the Privacy Policy together constitute a legal agreement (“Agreement”) between you and Fixo Care.
1.3 By availing the Services and accessing the Platforms, made available by us, you unequivocally and irrevocably accept and agree to abide by this Agreement. This Agreement supersedes all previous oral and written terms and conditions (if any) communicated to you. If you do not agree to these Terms, in whole or in part, please do not access the Platform or avail the Services.
1.4 This document is an electronic record in terms of Information Technology Act, 2000 (“Act”) and rules framed thereunder. This electronic record is generated by a computer system and does not require any physical or digital signatures.
APPLICABILITY AND MODIFICATION OF THE TERMS
2.1 The Agreement may be altered, from time to time, at the sole discretion of Fixo Care, and the Agreement will apply to your visit to and your use of the Platform to avail the Services, as well as to all information provided by you on the Platform at any given point in time.
2.2 This Agreement defines the terms and conditions under which you are allowed to use the Platform and describes the treatment of your account, while you are registered as a member with us.
2.3 We reserve the right to modify or terminate any portion of the Agreement for any reason and at any time.
2.4 You are advised to read the Agreement at regular intervals. Your use of the Platform following any such modification constitutes your agreement to follow and be bound by the Agreement so modified. Any additional terms and conditions, disclaimers, Privacy Policy and other policies applicable to the Platform or Service are also considered as part of the Agreement.
CONDITIONS OF USE
You must be 18 years of age or older to register and avail the Services or visit or use the Platform in any manner. By registering, visiting and using the Platform or accepting the terms of this Agreement, you represent and warrant to Fixo Care that you are 18 years of age or older, and that you have the right, authority and capacity to use the Platform and the Services available through the Platform, and agree to abide by this Agreement.
END-USER ACCOUNT AND DATA PRIVACY
4.1 Fixo Care and its’ Partners may through the Platform, collect information relating to the devices through which you access the Platform, track your location and access anonymous data of your usage. The collected information will be used only for improving the quality of the Services and to build new services.
4.2 The Platform allows Fixo Care and its’ Partners to access your e-mail or phone number, for communication and analytics.
4.3 The Privacy Policy sets out:
(a) the type of information collected from you, including sensitive personal data or information as defined under the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 (“SPDI Rules”);
(b) the purpose, means and modes of usage of such information;
(c) how and to whom Fixo Care will disclose such information; and
(d) other information mandated by the SPDI Rules.
4.4 You undertake to have read the Privacy Policy and understand that the Privacy Policy, the Terms, disclaimers and all other policies which may be published and amended on the Platform, from time to time, shall form an integral part of the legally binding agreement between you and Fixo Care.
4.5 If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Fixo Care has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Fixo Care has the right to discontinue the Services rendered to you, at its’ sole discretion.
4.6 Fixo Care and its’ Partners may use the information collected from you, from time to time, to debug customer support related issues.
4.7 Fixo Care may now or in the future, provide Services where you may be able to converse with Fixo Care, its’ authorized representatives, its’ doctors or similar stakeholders via online chat, text messages, video call or voice call. If and when you choose to use this facility, such conversations, calls or exchanges may be recorded and stored in Fixo Care’s or its’ Partners’ servers. Such records shall be dealt with according to the terms of the Privacy Policy. Fixo Care and its’ Partners accept no liability if you choose to use such a facility to interact with doctors or clinicians.
LISTING OF CONTENT ON THE PLATFORM
5.1 Fixo Care collects, directly or indirectly, and displays on the Platform, the profiles and relevant information regarding the expertise of the practitioners listed on the Platform, including their specialization, qualification, fees, location, visiting hours, and similar details. Fixo Care takes reasonable efforts to ensure that such information is updated at frequent intervals. You undertake and agree that Fixo Care shall not be held liable for any inaccuracies or incompleteness of such information.
5.2 The Platform may be linked to the websites of third parties, affiliates, and business partners. Fixo Care has no control over, and is not liable or responsible for the content, accuracy, validity, reliability, quality of such Platforms that are made available through Fixo Care’s Platform. The inclusion of any link on the Platform does not imply that Fixo Care endorses the linked site. You may use the links and these services at your own risk.
5.3 Fixo Care and its’ Partners assume no responsibility, and shall not be liable for, any damages or viruses that may infect your device on account of your access to, use of, or browsing the Platform or the downloading of any material, data, text, images, video content, or audio content from the Platform. If you are dissatisfied with the Services, your sole remedy is to discontinue availing such Services.
5.4 If Fixo Care determines through feedback or otherwise that you have provided fraudulent, inaccurate, incomplete or false information, Fixo Care reserves the right to immediately suspend your access to the Platform or any of your accounts with Fixo Care. You shall be liable to indemnify Fixo Care and its Partners for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected Fixo Care, its’ Partners or its’ users.
SERVICES
6.1 While Fixo Care will try to ensure a confirmed appointment with a medical service provider, for you, when a request for an appointment is made on the Platform, Fixo Care or its’ Partners do not guarantee that you will get a confirmed appointment. Further, you agree and undertake that Fixo Care and its’ Partners shall not be held liable if such an appointment is confirmed but later cancelled, postponed or rescheduled by the hospital or medical service provider due to non-availability at the given appointment time.
6.2 Fixo Care or its’ Partners may provide services that connects you directly to the medical service providers via video call, voice call, text message, online chat or other electronic means and the information exchanged between you and the medical service provider is stored and used in accordance to the Privacy Policy. However, it is your sole discretion, to avail such services.
6.3 You undertake and agree that any interactions and associated issues with other users including but not limited to your health issues and your experiences are strictly between you and the other users. Fixo Care or its’ Partners shall not be held responsible for any issues arising out of such interactions. For the avoidance of any doubt, the Services provided by Fixo Care are limited to providing the Platform and do not include providing any healthcare or medical advice or diagnosis and hence Fixo Care and its’ Partners are not responsible for any deficiency in such services or the outcomes of services between you and the medical service providers. If you decide to engage a medical service provider to provide medical services to you, you do so at your own risk. We advise you to undertake your own investigation or get feedback before selecting a doctor or any other service provider available on the Platform.
6.4 Without prejudice to the generality of the above, Fixo Care or its’ Partners will not be liable for any:
(a) wrong medication, deficiency in the quality of the treatment being rendered or medical negligence by the doctor(s), the diagnostic service provider(s), pharmacy(s) listed on the Platforms;
(b) type of inconvenience caused to you due to a failure on the part of the medical service provider to make themselves available at the appointed time, inappropriate treatment, etc.;
(c) cancellation or rescheduling of booked appointment or any variance in the fees charged;
(d) medical eventualities that might occur after using the services of a doctor, diagnostic lab services, pharmacy, selected by you, based on the information available on the Platform or with whom you have booked an appointment or performed a transaction through the Platform;
(e) comments or feedback given by any user, about the services provided by another user. All such feedback should be made pursuant to the applicable law. The option of users to give feedback remains at Fixo Care’s sole discretion and may be modified or withdrawn at its sole discretion. Fixo Care may moderate such feedback at any time. Glamyo shall not be obliged to act in any manner to give effect to the content of users’ feedback.
NO DOCTOR-PATIENT RELATIONSHIP
7.1 The content, text, data, graphics, images, information, suggestions, guidance, and other material available on the Platform (including information provided in direct response to your questions or postings) may be provided by individuals in the medical profession. The provision of such information does not create a licensed medical professional-patient relationship, between Fixo Care and you and does not constitute an opinion, medical advice, diagnosis or treatment of any particular condition, but is only provided to assist you with locating appropriate medical care from a qualified practitioner.
7.2 It is hereby expressly clarified that the information that you obtain or receive from Fixo Care, and its’ employees, contractors, partners, sponsors, advertisers or licensors, on the Platform, is for informational purposes only. In no event shall Fixo Care be held liable, to you or anyone else, for any decision made or action taken by you in reliance on such information.
EMERGENCY USE
The Services are not intended to be a substitute for getting in touch with a medical practitioner in case of emergency. If you are a user facing a medical emergency, please contact an ambulance service, hospital, doctor or appropriate medical professional directly.
CONTENT OWNERSHIP
9.1 The information that is collected by Fixo Care, directly or indirectly, shall belong to Fixo Care and its’ Partners. Copying of the copyrighted content published by Fixo Care or its’ Partners on the Platform for any commercial purpose or to earn profit will be a violation of the copyright law and Fixo Care and its’ Partners reserve their rights to take action under applicable law accordingly.
9.2 Fixo Care authorizes you to view and access the content available on or from the Platform solely for ordering, receiving, delivering, sharing, storing and communicating with the medical service providers or other users, as per this Agreement. The contents of the Platform, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the Platform (“Content”), are the property of Fixo Care or its’ Partners and are protected under copyright, trademark and other applicable laws. You shall not modify, reproduce, display, publicly perform, distribute, or otherwise use the Content in any way for any public or commercial purpose or for personal gain.
9.3 You shall not access the Services for the purposes of monitoring their performance, functionality, benchmarking or any other competitive purposes.
REVIEWS AND FEEDBACK
10.1 By using this Platform, you agree that any information shared by you with Fixo Care or with any medical service provider or anyone else using the Platform or Services will be subject to our Privacy Policy.
10.2 You are solely responsible for the content that you choose to submit for publication on the Platform, including any feedback, ratings, or reviews (“User Content”). The role of Fixo Care in publishing the User Content is restricted to that of an ‘intermediary’ under the Act and the Information Technology (Intermediaries guidelines) Rules, 2011 (“IG Rules”) framed thereunder. Fixo Care disclaims all responsibility concerning the User Content, and its’ role concerning such content is restricted to its’ obligations as an ‘intermediary’ under the Act. Fixo Care shall not be liable to pay any consideration to you for re-publishing any content across any of its’ or its’ Partners’ platforms.
10.3 You hereby agree, acknowledge and undertake not to post or publish any content on the Platform that:
(a) infringes any third-party intellectual property or privacy rights; or
(b) violates any applicable law or regulation, including but not limited to the IG Rules and SPDI Rules.
10.4 Fixo Care, at its sole discretion, may choose not to publish your reviews and feedback, in accordance with the applicable law or Clause 5 of these Terms.
10.5 You undertake and agree to provide your co-operation to Fixo Care, as and when Fixo Care may contact you through telephone, e-mail, SMS, or any other electronic means of communication for:
(a) obtaining feedback about Platform or Services;
(b) obtaining feedback about any medical service providers on the Platform; and/or
(c) resolving any complaints or queries by medical service providers regarding your User Content;
CONTENT RELATED RIGHTS AND OBLIGATIONS OF THE USERS
11.1 As mandated by Regulation 3(2) of the IG Rules, you are hereby informed that you are not permitted to host, display, upload, modify, publish, transmit, update or share any information that:
(a) belongs to another person and the rights to such information do not vest in you;
(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 of a third party;
(e) 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;
(g) impersonates 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; and
(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 offense or prevents investigation of any offense or is insulting to any other nation.
11.2 You hereby agree and undertake to prohibit from:
(a) violating or attempting to violate the integrity or security of the Platform or any Content displayed on the Platform;
(b) transmitting any information (including job posts, messages, and hyperlinks) on or through the Platform that is disruptive or competitive or prejudicial to the provision of Services by Fixo Care;
(c) intentionally submitting any incomplete, false or inaccurate information;
(d) making any unsolicited communications to other users;
(e) using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Platform;
(f) attempting to decipher, decompile, disassemble or reverse engineer any part of the Platform;
(g) copying or duplicating in any manner any Content or other information available at the Platform; and
(h) framing or hotlinking or deep linking any Content.
11.3 Fixo Care or its’ Partners, upon obtaining knowledge by itself or being informed by an affected person, in writing or through e-mail signed with electronic signature, or being notified by the appropriate government or its’ agency, about any information referred to in Clause 11.1 and Clause 11.2 of these Terms, being used by the user to commit any unlawful act and/or being used in violation of these Terms, shall be entitled to remove or disable the access to such material or information. Fixo Care is entitled to act, as required by the IG Rules, within 36 (thirty-six) hours of obtaining such knowledge and, where applicable, work with the users to disable such information that is in contravention of the applicable law. Fixo Care shall also be entitled to preserve such information and associated records, for at least 90 (ninety) days, for its’ production to governmental authorities for investigation.
11.4 In case of non-compliance with any applicable laws, rules, regulations, or this Agreement by you, Fixo Care has the right to immediately terminate your access or usage rights to the Platform, and Services and to remove such non-compliant information from the Platform.
11.5 Fixo Care may disclose or transfer the User Content to its’ affiliates or governmental authorities in such manner as permitted or required by applicable law, and you hereby consent to such transfer. Fixo Care will comply with any government or court directions to disable access to the User Content, should it be found to be illegal by a competent governmental authority.
INTELLECTUAL PROPERTY RIGHTS
12.1 The contents of the Platform 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 the Platform are prohibited. The logos, service marks and trademarks displayed on the Platform are the property of Fixo Care or its’ Partners or have been licensed to Fixo Care or its’ Partners by the owners for use. You may use this material only as expressly authorized by Fixo Care or its’ Partners and shall not copy, transmit or create derivative works of such material without express authorization from Fixo Care or its’ Partners.
12.2 You acknowledge and agree that you shall not upload, post, reproduce or distribute any content on or through the Platform that is protected by copyright or another proprietary right of a third party, without obtaining the permission of the owner of such right. Any copyrighted or other proprietary content distributed on or through the Platform with the consent of the owner must contain the appropriate copyright or other proprietary rights notice. The unauthorized submission or distribution of copyrighted or other proprietary content is illegal and could subject you to personal liability or criminal prosecution. Nothing on the Platform should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any trademarks without written permission from Fixo Care.
DISCLAIMER OF WARRANTIES
13.1 All information available on the Platform, (“Information”) is provided on the condition that you will make an independent determination in respect of its accuracy, completeness, usefulness or suitability before using such Information. Fixo Care and its’ Partners will not be responsible for the same. Further Fixo Care and its’ Partners will not be responsible or liable in any manner for any data added, provided, stored or managed by you including all personal data.
13.2 The Information does not constitute an invitation or recommendation to take medical services from Fixo Care or its’ Partners nor is such Information a substitute for professional advice or solicitation in respect of medical services, products or recommendations thereof. Fixo Care urges you to seek the advice of professionals, as appropriate, regarding the evaluation of any specific opinion, advice, product, service, or other information.
13.3 The information available on the Platform could include inaccuracies or typographical errors. Fixo Care has endeavoured to ensure that all the information on the Platform is correct, but Fixo Care neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data or information contained therein.
13.4 All information on the Platform is provided to you on an ‘as is’ basis, without warranty or guarantee of any kind, either express or implied, including, but not limited to implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy.
LIMITATION OF LIABILITY
14.1 Fixo Care makes no warranty, express or implied, concerning the Platform or its’ contents and disclaims all liability, responsibility or any other claim, whatsoever, in respect of any loss, whether direct or consequential, to you or any other person, arising out of or from the use of the information contained in the Platform or any suggestion or opinion given or expressed by Fixo Care, its’ Partners, any user or medical service provider on the Platform.
14.2 You undertake and agree that in no event shall Fixo Care or its’ Partners be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from:
(a) your use, delay in use or the inability to use the Platform or Services;
(b) unauthorized access to or alteration of your data;
(c) any other matter relating to the Services, including, without limitation to the damages for loss of data or profits, arising out of or in any way connected with the use or performance of the Platform.
14.3 You further agree that Fixo Care or its’ Partners’ liability arising from your use of the Services or the Platform, whether arising from a breach of contract, tort, negligence, strict liability or otherwise, shall not in any case exceed the amount paid by you, to Fixo Care, for the Services rendered in the preceding 1 (one) month.
14.4 You understand and agree that any material and/or data downloaded or otherwise obtained through the Platform is done entirely at your discretion and risk and the you shall be solely responsible for any damage to your computer systems or loss of data that results from the download of such material and/or data.
INDEMNITY
You hereby undertake and agree to indemnify and hold harmless Fixo Care, 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 your access to or use of Services, violation of this Agreement, or infringement of any intellectual property or other rights of any person or entity. Fixo Care shall notify you 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.
APPLICABLE LAW AND DISPUTE SETTLEMENT
You agree that this Agreement and any contractual obligation arising between you and Fixo Care will be governed by the laws of India. The courts at Tamil Nadu shall have exclusive jurisdiction over any disputes arising out of or in connection with this Agreement, your use of the Platform or the Services and the information provided therein.
SEVERABILITY
If any term of this Agreement is held to be invalid or unenforceable, that term shall be reformed to achieve as nearly as possible the same effect as the original term, and the remainder of this Agreement shall remain in full force.
WAIVER
Any waiver by Fixo Care of a breach or threatened breach of this Agreement by you shall not be construed as a waiver of any subsequent breach by you. Any waiver must be in writing and signed by Fixo Care.