This ‘Terms of Use' document was created and published in accordance with Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011, which requires the posting of Terms of Use. and Privacy Policies for website access or usage. These Terms of Use. (the "Agreement") regulates your use of the website www.avnclinics.com as well as email communications received from patientcare@avnclinics.com / consultation@avnclinics.com/ noreply@avnclinics.com/ marketing@avnclinics.com , and text messages received from +91 9321270278 and +91 9819893413 (collectively, referred to as the "Platform").
AVN Clinics, a proprietorship concern operated by Mr. Satyen Sanghavi having its office at 3 ABC, Acme Plaza, above IndusInd Bank, Andheri-Kurla Road, Andheri (East), Mumbai – 400 059, Maharashtra, India (the "AVN Clinics"), owns and operates the Platform.
Kindly read this Agreement carefully before availing the services offered by the Platform. If You decide to use the Services offered by the Platform, the same shall be deemed as an acceptance of this Agreement by You without any demur.
AVN Clinics retains the right to change, modify or terminate the terms of this Agreement, or any portion of this Agreement, at any time by publishing such changes on the Website. The amended Agreement would be effective as on the date of change, which AVN Clinics would post on the Website/ Platform and it shall be binding upon You from such date. If You do not agree to any of the terms in the amended Agreement, you may discontinue using the Service available on the Platform immediately.
This Agreement has been published in compliance of the governing laws of India.
1. DEFINITIONS
1.1. “Appointment” means and includes In-Clinic and/or Virtual Clinic consultation depending upon the Patient’s selection.
1.2. “In-Clinic” shall mean the place wherein the Practitioner provides Medical Services to the Patient(s) in the physical presence of the Practitioner and the Patient(s).
1.3. “Practitioner(s)” refers to medical practitioner(s) or health care provider(s) (whether an individual professional or an organization) or similar institution(s) wanting to be listed, or already listed, on the Platform, including designated, authorized associate(s) and representative(s) of such practitioner(s) or institution(s).
1.4. “Patient(s)” refers to patient(s) or to his/ her representative(s) or affiliate(s), who is/ are searching for Practitioner(s) through the Platform and/ or has/ have availed the Services provided by the Platform.
1.5. “Registration Process” means the process which User(s) submit his/ her requisite details with the AVN Clinics on the Platform in accordance with the process mentioned in Clause 4 provided hereinbelow.
1.6. “Service(s)” means provision of a centralised network of Practitioner(s) (whether an individual professional or an organization) or similar institution to arrange for patients, suffering with bone & joint problems, conditions and related diseases, nonscalable, etc., an appointment for consultation with the Practitioner(s) and to provide support to such patients
1.7. “Patient Registration Number” means the unique identification number allotted to the Patient upon placing a request for Appointment with any Practitioner(s) of his choice.
1.8. “Virtual Clinic” 1.8.refers to technology-based Patient(s)’ consultation via telephone, video, devices connected over LAN, WAN, Internet, mobile or landline phones, Chat Platforms like WhatsApp, Facebook Messenger etc., or through the Mobile App or internet based digital platforms for providing Medical Services by the Practitioner(s) or data transmission systems like Skype/ email/ fax etc.
1.9. ‘Users’, ‘You’ and ‘Your’ refers to the users of the Platform and includes both, the Practitioner(s) and the Patient(s)
2. CONDITIONS OF USE
To register, access the Services, or browse and/or use the Platform in any way, You must be at least 18 years old. By registering, visiting, and/or using the Platform, and/or accepting this Agreement, You represent and warrant to AVN Clinics that You are at least 18 years old, that you have the right, authority, and capacity to use the Platform and the Services available through the Platform, and that You agree to and abide by this Agreement. Anyone under the age of 18 who desires to register may do so through their respective parent or legal guardian.
3. NATURE OF SERVICES:
This Platform has been designed to provide and manage a centralised network of Practitioner(s) (whether an individual professional or an organization) or similar institution to arrange for patients, suffering with bone & joint problems, conditions and related diseases, nonscalable, etc., an appointment for consultation with the Practitioner(s) and to provide support to such patients.
3.1. Services made available by AVN Clinics on the Platform, which are offered free of charge to the Patient(s), include the following:
4. REGISTRATION PROCESS
4.1 User(s) in order to be entitled to avail the Services offered by AVN Clinics through the Platform shall have to complete the Registration Process as provided hereinbelow:
5. APPOINTMENT BOOKING
5.1. AVN Clinics through its Platform, and the Services provided therein, connects the Patient(s) and the Practitioner(s) through the process of booking an appointment in-clinic or virtually via its website.
5.2. AVN Clinics will ensure the confirmation of the Appointments/ consultations booked by the Patient(s), but AVN Clinics will not be liable for any cancellation initiated by the Practitioner(s).
5.3. The bookings made in the name of a Patient(s) is non-transferable. The Patient Reference Number issued for a particular booking with respect to the particular Patient(s) is also non-transferable.
5.4. The Practitioner(s) only uses the brand name or trademark of AVN Clinics as a part of their promotional activities, but AVN Clinics is not liable for any medical opinion or lapse or negligence on behalf of the Practitioner(s).
5.5. In the event the Patient(s) choses to engage or book Appointment from the array of Practitioner(s) provided by AVN Clinics through the Platform and to seek medical advice or medical services from the particular Practitioner(s) the Patient(s) shall be doing the same at their/ his/ her discretion and at its own risk.
6. USERS' REPRESENTATIONS, WARRANTIES, & UNDERTAKINGS
Each User(s) who registers on the Platform represents, warrants, and agrees the following to AVN Clinics:
6.1. That all information uploaded by the User(s) on the Platform is true, complete, and accurate;
6.2. Each User(s) agrees and acknowledges that AVN Clinics is only a platform which enables and assists the User(s) in connecting to eminent Practitioner(s) registered on the Platform, and that AVN Clinics is otherwise in no way responsible for any advice given by the said Practitioners to the Patient(s) as AVN Clinics is not an expert in the provision of medical and/or healthcare services.
6.3. You undertake to have gone through and accepted the terms set out in the Privacy Policy of AVN Clinics.
6.4. You undertake to provide the true and correct information as required during the Registration Process.
6.5. You undertake that AVN Clinics is only providing a platform to connect the Patient(s) with the Practitioner(s) and that AVN Clinics is not liable for any lapse/ negligence during contact or consultation between the Patient(s) and the Practitioner(s), whether affiliated with the Platform or not.
6.6. You accept and recognise that any medical opinion acquired from the Practitioner(s) affiliated to the Platform is a medical opinion solely of that/ those particular Practitioner(s) and would not be considered a consultation/ medical opinion provided by AVN Clinics.
6.7. You agree that AVN Clinics onboards Practitioner(s) on the Platform are on the basis of the information provided by the Practitioner(s) with regard to their qualifications and credentials, and that AVN Clinics cannot and does not guarantee for the legitimacy of the expertise represented by the Practitioner(s), unless specifically stated on the Platform.
6.8. Though AVN Clinics makes every effort to validate the aforementioned claims, the Patient(s) must confirm the credentials of the Practitioner(s) before beginning any treatment with them, and if the Patient(s) consult any such Practitioner(s), the Patient(s) does so at their/ his/ her own risk; AVN Clinics shall not be liable for any incorrect advice or medication, or the quality of the treatment provided by a Practitioner(s) and/or for any other reason.
6.9 The information of the Practitioners provided by AVN Clinics and/or displayed on the Platform relating to the Practitioners’ practise areas, expertise, educational qualifications, though preliminary reviewed and vetted by AVN Clinics, are on as is and what is basis and as per the information provided by the Practitioners themselves. AVN Clinics shall not be liable for any inaccuracies, in any manner whatsoever.
6.10. You agree to utilise the Services while accepting this limitation. AVN Clinics does not support or promote the engagement of any specific Practitioner listed on the Platform, and the Patient(s) should select/ opt for and/or interact with Practitioner(s) at the Patient's own risk and will.
7. FEE, PAYMENT GATEWAY AND REFUNDS
7.1. For the Appointment booked through the Platform, the Practitioner(s) shall be mentioning/ displaying their UPI/ IMPS/ other payment details and/or QR codes on their respective profiles in order to receive such payment/ fee directly from the Patient(s). Any unsuccessful transactions are not the responsibility or liability of AVN Clinics.
7.2. In the case of a failed transaction, the money (if debited from the User’s account) will be returned to the User's account in accordance with the refund policy of the applicable payment gateway.
8. REFUND AND CANCELLATION POLICY
8.1. The Appointment once confirmed (based on the date and time mentioned by the Patient and accepted by the Practitioner(s)) shall be valid only for the said Appointment. Subject to Clause 8.2, if there is a no show by the Patient(s), the Patient(s) shall not be entitled to claim the Services for the said Appointment and Practitioner(s)shall have the right to forfeit the fees already paid for the said Appointment.
8.2. Upon Cancellation, the refund shall be made by the concerned Practitioner(s) with whom the Appointment was booked. The Patient(s) would have to contact the said Practitioner(s) for such refund less the cancellation charges, if any.
9. USERS’DATA PRIVACY
9.1. AVN Clinics collects personal information, including names, email addresses, phone numbers and physical addresses for the purposes of maintaining relationships with the User(s). Personal information may be shared with AVN Clinics’ business partners to provide the most efficient and effective service to the User(s).
9.2. User(s) must read, comprehend and agree to the Privacy Policy to ensure that he/ she is aware of, among other things, certain information that may be collected by the Platform; the purpose of collection; the use to which such information is put; and the entity that collects and retains such information.
9.3. AVN Clinics is not liable for the accuracy of any personal information or personal data provided by User(s) on the Platform.
9.4. If the User(s) provides false or incomplete information, AVN Clinics may, in its sole discretion, cease providing the Services to such User. Every User represents and guarantees to AVN Clinics that the material they submit to the Platform will not infringe on anyone else's intellectual property rights.
9.5. User(s) grants AVN Clinics access to his/ her/ their personal email addresses or phone numbers for contact purposes in order to offer you with a better means of arranging Appointments, receiving feedback about the Practitioner(s) and their/ his/ her practise(s) and for providing customer support services.
9.6. AVN Clinics reserves the right to use such information gathered from User(s) occasionally to troubleshoot customer support issues.
10. THE PLATFORM & THE INFORMATION PROVIDED THEREIN
10.1. The Platform may contain links to the websites of third-party advertisers and/or service providers. AVN Clinics has no control over and is not accountable or responsible for the content, correctness, validity, reliability, or quality of such third-party advertisers and/or service providers. The presence of such link(s) on the Platform shall not mean that AVN Clinics approves and/or is affiliated to such site(s).
10.2. The links and services shall be accessed by the User(s) at their/ his/ her own risk.
10.3. AVN Clinics accepts no responsibility and shall not be responsible for any damage(s), or virus(es) that may infect User's equipment as a result of User's access to, use of, or browsing of the Platform, or the downloading of any material, data, text, pictures, video content, or audio content from the Platform.
10.4. User(s) must not use the Platform for any illegal or criminal purpose. User(s) must use the Platform in accordance with all relevant laws and regulations. User(s) must not tamper with or obstruct other Users' or other Users' use of the Platform, and the User(s) must not indulge in sending of "spam," chain letters, junk mail, or any other form of unwanted communication.
10.5. User(s) is/ are granted a limited, non-exclusive, non-transferable permission to use the content and materials on the Platform in a lawful manner.
10.6. User shall not duplicate, reproduce, transmit, distribute, or create derivative works of the contents or information made available on the Platform.
10.7. Kindly note that AVN Clinics is only an "intermediary" as defined under Section 2(w) of the Information Technology Act of 2000, and that it can only endeavour to manage the information and material that the User(s) post on the Platform. You are entirely liable for Your interactions with the Practitioner(s), as well as any content You upload. AVN Clinics has the right to monitor User interactions and delete any content from the Platform that it deems offensive or improper.
11. RESTRICTIONS ON USAGE
11.1 You are not permitted to host, display, upload, alter, publish, transmit, update, or distribute any information that:
12. JURISDICTION
11.2. AVN Clinics reserves the right to delete any content from the Platform that violates any of the foregoing criteria.
12.WARRANTIES BY THE PLATFORM
12.1. AVN Clinics or any of its licensors or service providers provide the Services "as is" and "as available," with no warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade).
12.2. AVN Clinics makes no explicit or implied representation, warranty, or guarantee concerning the Platform or the Services.
12.3. AVN Clinics makes no representations as to the truth or completeness of any content or information supplied by the User(s) on the Platform.
12.4. AVN Clinics disclaims all liability arising from the User's use or reliance on the Website, the Services, representations and warranties made by other Users, the content or information provided by the User(s) on the Platform, or any opinion or suggestion given or expressed by AVN Clinics or any User in relation to any User(s) or services provided by such User(s), to the fullest extent permitted by law.
12.5. Furthermore, AVN Clinics provides no warranty:
13. LIMITATION OF LIABILITY
Notwithstanding anything already stipulated under this Agreement, AVN Clinics shall not be liable for any direct, indirect, incidental, special or consequential damages in connection with this Agreement. It is further clarified that AVN Clinics shall not be liable to any User(s) with respect to any causes of action, losses or damages arising out of or in connection with:
14. INDEMNIFICATION
You agree to hold AVN Clinics, as well as its representatives, employees, contractors, agents, officers, directors, shareholders, affiliates, and assigns, harmless from any liabilities, claims, damages, costs, and expenditures, including reasonable lawyers' fees and expenses, arising out of:
15. MODIFICATION AND/OR TERMINATION
15.1. AVN Clinics reserves the right to modify or terminate any portion of the Agreement for any reason and at any time, and you must read the Agreement at regular intervals.
15.2. Your use of the Website/ Platform following any such modification constitutes Your acceptance to follow and be bound by the Agreement so modified.
15.3. AVN Clinics may terminate your access to the Platform without any notice to you if it reasonably believes, in its sole discretion, that You have breached any of the terms and conditions of this Agreement.
16. CONTACT INFORMATION GRIEVANCE OFFICER
If the User(s) has any questions concerning AVN Clinics, the Platform, this Agreement, the Services, or anything related to any of the foregoing, the Customer Support can be reached at the following email address: gro@avnclinics.com or via the contact information available in the Privacy Policy.
17. SOFTWARE
The source code of the Platform, including but not limited to all content and images used within or displayed by the instrument, is either owned or licensed by AVN Clinics. Unauthorized copying, in whole or in part, of the source code is expressly prohibited. The names and logos of AVN Clinics are trademarks of AVN Clinics.
18. PRIVACY
Please refer to the AVN Clinics’ Privacy Policy for information on the policy of AVN Clinics with respect to personal and sensitive personal information that is provided by the User(s) to the Platform.
19. INTELLECTUAL PROPERTY RIGHTS
19.1. All Intellectual Property Rights in or to the services are and will remain the sole and exclusive property of AVN Clinics and are reserved by AVN Clinics.
20. JURISDICTION
20.1. This Agreement is governed by Indian law, which includes, but is not limited to, the following:
20.2. This Platform was created in the Indian state of Maharashtra. The laws of the State of Maharashtra will apply to this Agreement. You consent to the jurisdiction and venue of the courts in Mumbai, Maharashtra, India in connection with any action, suit, process, or claim arising under or by reason of this Agreement by using this Platform.
21. MISCELLANEOUS
21.1. Because of an earthquake, flood, fire, storm, natural catastrophe, pandemic, endemic, act of God, war, terrorism, armed conflict, labour strike, lockout, or boycott, AVN Clinics shall not be liable for any cessation, interruption, or delay in performing its duties hereunder. AVN Clinics may, in its sole discretion and without prior notice to you, terminate the Platform's operation at any time.
21.2. This Agreement, together with the Privacy Policy, is the complete agreement between you and AVN Clinics regarding the Platform's usage.
21.3 If any provision of this Agreement is held illegal or unenforceable in a judicial proceeding, such provision shall be severed and shall be inoperative, and the remainder of this Agreement shall remain operative and binding on the User(s).
21.4. AVN Clinics' omission to assert or enforce any right or provision of this Agreement will not be construed as a waiver of that right or provision.
