Hospitilio

Consleague Consulting Private Limited - Version [1.01]

Terms of Service with Healthcare Providers

Last Updated: February 2016

1. Introduction

Welcome to Hospitilio.com a portal which gives you the opportunity to promote your medical services to a worldwide audience.
Hospitilio.com and the facilities, services and materials available therein (the "Website") is owned and operated by Consleague Consulting Private Limited trading as Hospitilio.com ("Hospitilio.com") having its registered office at No.20, Unit 308, Brigade Rubix, HMT Main Road,Jalahalli, Bangalore - 560 013 for the purpose of these Terms of Use "we", "our" and "us" refers to Hospitilio.com.

2. Services We Provide

  1. Hospitilio.com acts as a marketplace for individuals seeking medical services ("Clients") and Healthcare Providers, be they individual medical practitioners, hospitals, clinics (together the "Healthcare Providers", "your" or "you") wishing to provide medical services, by facilitating introductions between Clients and Healthcare Providers through an online environment. For the purpose of this Agreement, "Medical Services" means the medical service or services that the Healthcare Provider is legally permitted to provide to Clients.
  2. In consideration of the mutual obligations of the parties hereto, Hospitilio.com shall provide information to Clients about various worldwide Healthcare Providers to assist Clients in making informed decisions, by conducting their own research into Healthcare Providers and into Healthcare Providers' services, thereby assisting Clients in choosing the relevant Healthcare Provider to meet the Client's particular needs. If the Client chooses you to provide Medical Services, then we will facilitate contact between you and the Client by providing relevant Client information to you (the "Website Service").
  3. If you simply want to browse through the Website to see what Hospitilio.com has to offer, there is no need for you to register and open an account with us. Nonetheless, your use of the Website will be subject to the relevant sections of this Agreement. If you wish to avail of the Website Service, you will need to register on the Website and this Agreement shall come into effect in respect of the Website Service once Hospitilio.com has accepted your registration. As part of, and to complete, the registration process for the purposes of opening an account with us, you will be asked to signify that you have read, understood and accepted this Agreement.
  4. If you do not read or agree to this Agreement please terminate your account, inform info@hospitilio.com and discontinue use of the Website immediately.

3. Services We Do Not Provide

  1. Hospitilio.com is not a medical referral service and does not endorse, recommend, or approve any Healthcare Provider listed in the Website. We are not medical professionals nor do we hold ourselves out to be medical professionals and will not discuss or advise on any issues relating to medical treatment with Clients or Healthcare Providers.
  2. Hospitilio.com is not involved in any transaction between Clients and Healthcare Providers who use this Website. We cannot assure that all transactions will be completed nor do we guarantee the ability or intent of Clients to fulfil their obligations in any transactions.
  3. As we cannot control the information provided by Clients made available through this Website, Hospitilio.com does not guarantee or endorse the authenticity, quality, safety or legality of any services requested or provided by you, the accuracy of any listings, Client data we may provide to you, or the ability of Clients to complete a transaction.
  4. If a Client chooses a Healthcare Provider to provide Medical Services (a "Lead") and the Healthcare Provider decides to contact that Lead from Hospitilio.com, the Client will complete the contract for the provision of Medical Services with the Healthcare Provider directly. Clients will not be obliged to complete a transaction in the event that it is an illegal transaction or contrary to this Agreement.
  5. The contract for the sale by you of any product or Medical Service advertised on the Website will be directly between the Client and the Healthcare Provider. No contract for the sale of any Medical Services will exist between the Healthcare Provider and Hospitilio.com or any Client and Hospitilio.com. The contract between the Healthcare Provider and Hospitilio.com will be for the provision of the Lead.

4. Client Contact Policy

  1. You agree to use best possible efforts to contact every client that creates a lead for you by both phone and email within two business days of the lead being created.

5. Commencement and Duration

  1. This Agreement shall commence on the date it is accepted by Hospitilio.com and shall continue in force until terminated in accordance with the terms of this Agreement.

6. Data Protection

  1. The Healthcare Provider warrants to Hospitilio.com that it shall comply strictly with all requirements of the Information Technology Act, 2000, and as they may be amended from time to time, (the "IT Acts") in relation to the processing and transfer of Data.
  2. For the purposes of this Agreement "Data" means all electronic data or information, including personal data as defined in the IT Act, submitted by the Client on the Website and transferred by Hospitilio.com to the Healthcare Provider, the processing of which is necessary to conclude the contract between the Healthcare Provider and the Client.
  3. The Healthcare Provider undertakes that it shall process the Data only to the extent necessary to provide the Medical Services, and strictly in accordance with the terms of this Agreement and Hospitilio.com's instructions from time to time.
  4. The Healthcare Provider shall ensure that only such of its employees, contractors and agents who may be required by the Healthcare Provider to assist it in meeting its obligations under this Agreement shall have access to the Data.
  5. The Healthcare Provider undertakes not to disclose the Data to a third party in any circumstances other than strictly required for the performance of the Medical Services at the specific request of Hospitilio.com or as otherwise specified herein.
  6. The Healthcare Provider shall carry out the processing in compliance with all applicable laws, enactments, regulations, orders, standards and other similar instruments.
  7. The Healthcare Provider shall take appropriate security measures against unauthorised access to, or unauthorised alteration, disclosure or destruction of Data, in particular where the processing involves the transmission of Data over a network, and against all other unlawful forms of processing.
  8. The Healthcare Provider shall take all reasonable steps to ensure that persons employed by the Healthcare Provider and other persons at the Healthcare Provider's facilities at which the Medical Services are provided are aware of and comply with the relevant security measures aforesaid.
  9. This Agreement is entered into for the benefit of the Client and the Client or its agent is hereby entitled to directly enforce the provisions of this Agreement as a third party beneficiary.
  10. The parties agree that on the completion of the provision of Medical Services to the Client, the Healthcare Provider shall when requested to do so by Hospitilio.com use reasonable endeavours to return all Data transferred to it by Hospitilio.com and the copies thereof, or shall destroy all the Data and certify to Hospitilio.com that it has done so, unless legislation imposed upon the Healthcare Provider prevents it from returning or destroying all or part of the Data transferred. In that case, the Healthcare Provider warrants and undertakes that it will guarantee the confidentiality of the Data transferred and will not further process the Data transferred.
  11. The Healthcare Provider warrants that upon a request of Hospitilio.com and/or of any statutory authority, it will submit its data processing facilities for an audit.
  12. The Healthcare Provider shall not disclose the identity of any Client without the express prior written approval of the Client or, where relevant, Hospitilio.com. Inclusion in any reference or marketing list shall also only be undertaken with the express prior written approval of the Client and/or Hospitilio.com.
  13. The Healthcare Provider agrees that all personal information entered into their brochure or search result has been obtained with the permission of the individual in question and that the individual in question has agreed to the unrestricted publication of this information and the transfer of this information to outside India.
  14. Communication between clients and clinics by email may be sent via Hospitilio.com. The content of these emails may be retained by Hospitilio.com in order to assist clients and clinics in tracking their communication.

7. Warranties

  1. The Healthcare Provider warrants that the Medical Services shall be supplied and rendered by appropriately experienced, licensed, qualified and trained personnel of the Healthcare Provider and the Healthcare Provider warrants that it has adequate numbers of such personnel available in order to perform its obligations to the Client.
  2. Without prejudice to clause 8.1, the Healthcare Provider warrants that the performance of the Medical Services is permitted and lawful and that the Medical Services shall be carried out in accordance with the skill, diligence, prudence, foresight and judgment which would be expected from of a properly qualified and experienced person engaged in the same type of undertaking under the same or similar circumstances, applying the standards generally applied at the relevant time in the medical industry in compliance with all applicable laws, enactments, orders, regulations, and other similar instruments and at all times in accordance with its own standards, policies and procedures.
  3. The Healthcare Provider further warrants, represents and covenants with Hospitilio.com, and acknowledge that Hospitilio.com is relying on such warranties, representations and covenants, that:

    1. it has the legal capacity to enter into a contract and has power and authority to execute, deliver and perform all its obligations under this Agreement;
    2. it will at all times be and remain in full compliance with all applicable legislation and be and remain a member of a recognised body that sets, meets and implements relevant conduct and best practice within the appropriate medical industry. If the Healthcare Provider, for any reason, ceases to be a member of such a recognised body or is non-compliant with any applicable legislation, it shall notify Hospitilio.com immediately and cease to provide the Medical Service to Clients;
    3. it holds a valid licence to provide Medical Services issued by the relevant medical regulatory authority in its country. If the Healthcare Provider's licence expires or is no longer valid, then it shall notify Hospitilio.com immediately and cease to provide the Medical Service to Clients;
    4. it will only pursue Leads in relation to those Medical Services that it is both qualified to provide and in fact provides to patients on a day to day basis as one of its practice areas;
    5. it will not provide any information or make any statement that is untrue, false, incorrect or misleading including in particular (but not limited to) information relating to its identity, contact details, experience, certification, services and prices;
    6. any and all information that it has provided is true, and will continue to be true, in every respect throughout the period this Agreement remains in force and it agrees to duly notify Hospitilio.com, or where applicable the Client directly, of any changes to such information immediately;
    7. any and all information that it has provided is not defamatory, libellous, pornographic or obscene and does not violate any laws regarding unfair competition, anti-discrimination or false advertising;
    8. it will not promote services or engage in any activity which it knows, or reasonably ought to know will, or may, be illegal in its local jurisdiction;
    9. the content posted on the Website does not infringe on any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy. Use of third party trademarks is for description and identification purposes only. Such trademarks are the registered trademarks of their registered owners. Hospitilio.com asserts absolutely no ownership or other rights with respect to such third party trademarks; and,
    10. it accepts and agrees to abide by the terms of the Agreement, as may be amended from time to time.

8. Registration

  1. Registration is required if you wish to receive Leads, view historic Leads or have your organisation's details listed on the Website.
  2. In order to complete the registration process and to open an account on the Website, you must choose a User ID and password. Hospitilio.com may restrict your chosen User ID or password.
  3. When registering, you will be asked to provide information such as your name, address, telephone number, email address of the Medical Services available from the Healthcare Provider and about the personnel who will deliver said services. You warrant and undertake that any information provided by you when registering with Hospitilio.com is up-to-date, accurate in all material respects, not the confidential property of others or in violation of any other third party's rights, and is sufficient for us to facilitate the Website Services. You are responsible for maintaining and promptly updating your account information as necessary to ensure accuracy and completeness. You are also responsible for keeping all such information and any passwords given to you secure against unauthorised access. We will not be liable to you for any losses you may incur as a result of any unauthorised third party access to your account and/or any fraudulent use of your credit card on the Website.
  4. You are responsible for all actions taken under your account and you agree only to use or utilise this Website using your own User ID and password. You must keep your password safe and not disclose it to any other person or permit, either directly or indirectly, any other person to utilize your account. You agree to immediately notify Hospitilio.com of any unauthorised use of your password and/or account or of any other unauthorised breach of security. Any action designed to undermine the system and to alter your profile or the profiles of others is strictly prohibited.
  5. Hospitilio.com reserves the right to refuse to accept your application for registration and/or to terminate your registration and close or suspend your account without prior notice at any time at the discretion of Hospitilio.com. Hospitilio.com is not liable to you or any third party for any suspension or termination of access to this Website.
  6. Information sent over the internet cannot be guaranteed to be completely secure as it is subject to possible interception or loss or possible alteration. You understand and agree to assume the security risk for any information you provide using the Website. We are not responsible for any information sent over the internet and will not be liable to you or anyone else for any damages or other loss incurred in connection with any information sent by you to us or any information sent by us to you over the internet or any information provided to you by a Client or any third party.

9. Suspension/ Termination

  1. Hospitilio.com may at any time, without notice to you, suspend or terminate your access to this Website or any service forming part of this Website, wholly or partially for any reason, including without limitation, where you have provided false or misleading information, or you are in breach of this Agreement, or if Hospitilio.com cannot verify or authenticate any information submitted to the Website. Hospitilio.com is not liable to you or any third party for any suspension or termination of access to this Website.

10. Charges and Payment

  1. Hospitilio shall pass on all the enquiries made by patients/consumers to the respective hospitals as leads. Charges payable to hospitilio are applicable for the leads which are converted at your end, i.e. the patient has undergone medical treatment/ tests/ consultations etc.
  2. The charges/service fees on converted leads will be payable at the rate of 10% of the package price/treatment cost.
  3. All sums due to Hospitilio.com shall be paid in full by online/cheque/demand draft/payorder within 30 days from the day of discharge of the patients. All sums due to Hospitilio.com are exclusive of taxes and all other applicable duties and taxes will be payable by the Healthcare Provider.
  4. Hospitilio reserves the rights to stop providing leads or cancel the agreement and delist the healthcare service provider in the event of non-receipt of charges/fees.

11. Use of Website

  1. You agree not to use the Website or any of its facilities and/or services for any purpose that is unlawful or prohibited by this Agreement, including but not limited to:

    (a). any purpose that is fraudulent, unlawful or prohibited by this Agreement;

    (b). accessing or using the Website in or from jurisdictions which restricts or prohibits same by local law;

    (c). accessing or using the Website in any manner which could damage, disable, overload, flood, mail bomb, crash or impair the Website or interfere with any other party's use and/or enjoyment of the Website. In particular, you will not post or transmit to or from the Website any unlawful, harassing, threatening, libellous, defamatory, tortious, obscene, hateful, scandalous, inflammatory, pornographic or profane material, or any other material that could give rise to any civil or criminal liability under law;

    (d). transmitting material which may cause harm to Hospitilio.com's or any other party's computer systems, including but not limited to any material which contains viruses, Trojan horses, worms, spyware, adware, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, destroy or otherwise impair a computer's functionality or the operation of the Website;

    (e). harassing, harming or abusing another person, or contacting, advertising, soliciting, selling to any other person without their prior written consent or transmitting or relaying spam;

    (f). accessing data or materials not intended for your use; logging into a server or account which you are not authorised to access; attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation; or impersonating any person or entity, or falsely stating or otherwise misrepresenting their identity or affiliation in any way;

    (g). attempting to gain unauthorised access to the Website, or any accounts, computer systems and networks connected to any Hospitilio.com website, through hacking, password miming or any other means; or

    (e). harvesting or otherwise collecting by any means any programme material or information, including without limitation email addresses or details of other users, from the Website or monitoring, mirroring or copying any content of the Website without the prior written consent of Hospitilio.com.

  2. The pages contained in the Website may contain technical inaccuracies and typographical errors. The information on the Website may be updated from time to time but we do not accept any responsibility for keeping the information in these pages up-to-date nor any liability for any failure to do so.
  3. Hospitilio.com reserves the right, at its sole discretion, to pursue all of its legal remedies upon breach by you of this Agreement, including but not limited to cancellation of your bids for prospective Leads, your postings and content from the Website, immediate termination of your registration and your account and restricting your ability to access the Website and use the Website Services.

12. Content Policy

  1. Hospitilio.com acts as a passive conduit for the online distribution and publication of information submitted through the Website, and has no obligation to screen content or information in advance and is not responsible for screening or monitoring material posted by Clients or Healthcare Providers or by hospitilio. You are solely responsible for the content and information you provide to us to be published on the Website through our data entry forms or through mail to us or the contents taken by us from your official website with prior intimation. We reserve the right to edit or remove your content if we believe it is untrue or that it may create liability for us.
  2. You acknowledge that Clients may publish reviews and opinions of the Medical Services and other services/facilities provided by you or by other Healthcare Providers either on the Website or on associated or linked websites and you consent to the unrestricted publication of both positive and negative reviews about you. You acknowledge that these reviews and opinions may be used even after the termination of your account.
  3. You agree not to publish reviews of yourself or any other clinics on the site

13. Disclaimers

  1. This clause limits Hospitilio.com's legal liability to you for your access to and use of the Website. You should read this clause carefully. You acknowledge that you have entered into this Agreement relying on the disclaimers stated herein and that those disclaimers are an essential basis of this contract.
  2. The Website is available to all users "as is" and, to the greatest extent permitted by applicable law, the Website is made available without any representations or warranties of any kind, either express or implied.
  3. Hospitilio.com makes no representations, warranties or undertakings about the services or materials available on the Website, including without limitation, their merchantability, quality or fitness for a particular purpose.
  4. Hospitilio.com makes no representations, warranties or undertakings that the website, or the server that makes it available, will be free from defects, including, but not limited to, viruses or other harmful elements. To the maximum extent permitted by applicable law, Hospitilio.com accepts no liability for any infection by computer virus, bug, tampering, unauthorised access, intervention, alteration or use, fraud, theft, technical failure, error, omission, interruption, deletion, defect, delay, or any event or occurrence beyond the control of Hospitilio.com, which corrupts or effects the administration, security, fairness or the integrity or proper conduct of any aspect of the Website.
  5. All use by you of the Website is at your own risk. You assume complete responsibility for, and for all risk of loss resulting from, your downloading or using of, or referring to or relying on the facilities, service, materials or products provided on the Website, or any other information obtained from your use of the Website. You agree that, to the maximum extent permitted by applicable law, Hospitilio.com and providers of telecommunications and network services to Hospitilio.com, will not be liable for damages arising out of your use or your inability to use the Website, and you hereby waive any and all claims with respect thereto, whether based on contract, tort or other grounds.
  6. No advice or information, whether oral or written, obtained by you from Hospitilio.com shall be deemed to alter this disclaimer of warranty, or to create any warranty.

14. Limitation of Liability

  1. To the fullest extent permitted by applicable law, neither Hospitilio.com nor any of its officers, directors, employees, affiliates or other representatives will be liable for loss or damages arising out of or in connection with your use of any facilities, services and Website Services offered or transactions entered into through or from the Website including, for the avoidance of doubt, your transactions with clients or medical services facilitated through the Website, including, but not limited to, direct, indirect or consequential loss or damages, loss of data, loss of income, profit or opportunity, loss of, or damage to, property and claims of third parties, even if Hospitilio.com has been advised of the possibility of such loss or damages, or such loss or damages were reasonably foreseeable.
  2. In no event shall Hospitilio.com nor any of its officers, directors, employees, affiliates or other representatives be liable for any damages whatsoever resulting from the statements or conduct of any client or third party or the interruption, suspension or termination of the Website Services, whether such interruption, suspension or termination was justified or not, negligent or intentional, inadvertent or advertent.
  3. Without limiting the foregoing, under no circumstances shall Hospitilio.com nor any of its officers, directors, employees, affiliates or other representatives be held liable for any delay or failure in performance of the Website resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including, without limitation, internet failure, computer equipment failures, telecommunication failures, other equipment failures, electrical power failures, strikes, lay-way disputes, riots, interactions, civil disturbances, shortages of labour or materials, fires, floats, storms, explosions, acts of god, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third party.
  4. Neither party may exclude liability for death, personal injury or fraud caused by that party's negligence or that of its employees or authorised representatives.

15. Indemnity

  1. You agree to defend, indemnify and keep indemnified and hold Hospitilio.com and, as applicable, its officers, directors, employees, Clients, affiliates or other representatives harmless against any and all claims, proceedings, actions, costs, including legal costs, charges, expenses, damages, liability, losses and demands made by or liabilities to any third party resulting from any activities conducted under your account, your use or misuse of the Website, including but not limited to posting content on the Website, entering into transactions with Clients, the provision of Medical Services to Clients, contacting others as a result of their postings on the Website, infringing any third party intellectual property or other rights, failing to deliver the Medical Services to Clients, or other issues arising out of your breach or any breach of this Agreement.

16. Links to Third Party Websites

  1. The Website contains links to third party websites. Your use of third party websites is subject to the terms and conditions of use contained within each of those websites. Access to any other website through the Website is at your own risk. Hospitilio.com is not responsible or liable for the accuracy of any information, data, opinions or statements made on third party websites or the security of any link or communication with those websites. Hospitilio.com reserves the right to terminate a link to a third party website at any time. The fact that Hospitilio.com provides a link to a third party website does not mean that Hospitilio.com endorses, authorises or sponsors that website, nor does it mean that Hospitilio.com is affiliated with the third party website, or its owners or sponsors. Hospitilio.com provides these links merely as a convenience for those who use the Website.

17. Availability

  1. Although Hospitilio.com endeavours to ensure the Website is available at all times, there may be occasions when access to the Website may be interrupted, e.g. to allow maintenance, upgrades and emergency repairs to take place, or due to failure of telecommunications links and equipment that are beyond our control. You agree that Hospitilio.com shall not be liable to you for any loss incurred by you resulting from the modification, suspension or discontinuance of the Website.
  2. You have sole responsibility for adequate protection and back up of any content and data you submit to the Website and for undertaking reasonable and appropriate precautions to scan for computer viruses or other destructive items.

18. Termination

  1. Hospitilio.com may terminate this Agreement forthwith if:
    1. the Healthcare Provider commits a material breach of this Agreement and fails to remedy that breach (if capable of remedy) within thirty (30) days after receipt of written notice from Hospitilio.com requiring its remedy. For the avoidance of doubt, failure on the part of the Healthcare Provider to provide the Medical Services in accordance with the skill, diligence, prudence, foresight and judgment which would be expected from a skilled and experienced person engaged in the same type of undertaking under the same or similar circumstances, applying the standards generally applied at the relevant time in the medical profession, shall be considered a material breach of this Agreement;
    2. the Healthcare Provider becomes bankrupt, or makes any composition or arrangement with, or conveyance or assignment for the benefit of its creditors, or enters into voluntary or compulsory liquidation (except for the purpose of bona-fide reconstruction or amalgamation), or if a receiver or examiner is appointed over any of its assets, or if any similar insolvency event occurs in any jurisdiction;
    3. the Healthcare Provider ceases, or threatens to cease, carrying on business;
    4. Hospitilio.com cannot verify or authenticate any information submitted to the Website;
    5. you fail or refuse to pay any money due to Hospitilio.com arising out of or in connection with any of the Website Services;
    6. you commit any offence;
    7. you cause to be published on the Website or send via the Website any actual or potentially defamatory, offensive, racist, harmful or obscene language or material; or you cease to be a member of a recognised body as described in clause 8.3.2 or your licence to provide Medical Services as described in clause 8.3.3 expires or is no longer valid.
  2. If for any reason Hospitilio.com suspends or discontinues the Website, or is unable to supply the Website Services, Hospitilio.com is not liable to you or any third party for any suspension or termination of access to or use of the Website.
  3. On termination or expiry of this Agreement howsoever caused and without prejudice to clause 7:
    1. the Healthcare Provider's authorisation to use the Data will automatically cease. The Healthcare Provider undertakes immediately to cease to use the same and to use reasonable endeavours either to return to Hospitilio.com or the Client the Data and all copies of it or, if requested by the Client or Hospitilio.com only, to delete, destroy or otherwise make permanently unusable the Data within the Healthcare Provider's control or possession;
    2. within thirty (30) days of the date of termination or expiry, the Healthcare Provider shall certify to Hospitilio.com in writing that it has fully complied with its obligations under this clause 16; and
    3. any accrued rights or obligations to which Hospitilio.com may be entitled or be subject before such termination or expiry shall remain in full force and effect and termination or expiry shall not affect or prejudice any right to damages or other remedy which Hospitilio.com may have under this Agreement which existed at or before the date of termination or expiry.
    4. Hospitilio.com shall be entitled to terminate this Agreement for convenience at any time and without notice or penalty or charge. At any time, you can also terminate your account in your "My Account" setting on the Website and Hospitilio.com will remove all information about you from view by Clients. Once your membership terminates, you will have no right to use the Website Service. Our proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions shall survive any termination of your membership.

19. Changes in this Agreement

  1. Hospitilio.com may modify or terminate any services offered through the Website from time to time, for any reason and without notice, and without liability to you, any other user or any third party. Hospitilio.com reserves the right to change the content, presentation, performance, user facilities and/or availability of any part of the Website at its sole discretion, including this Agreement from time to time. You should check this Agreement for any changes each time you access the Website. Your continued use of the Website and/or clicking on the "I accept" button will signify your acceptance of any revised Agreement.
  2. You have sole responsibility for adequate protection and back up of any content and data you submit to the Website and for undertaking reasonable and appropriate precautions to scan for computer viruses or other destructive items.

20. Jurisdiction and Governing Law

  1. The Website is controlled and operated by Hospitilio.com from India. Hospitilio.com does not make any representation that the facilities, services and/or Materials offered through the Website are appropriate or suitable for use in countries other than India, or that they comply with any legal or regulatory requirements in any other countries. In accessing the Website, you do so at your own risk and on your own initiative, and are responsible for compliance with local laws, to the extent any local laws are applicable. If it is prohibited to make the Website, facilities, services and/or Materials offered through the Website or any part of them available in your country, or to you, whether by reason of nationality, residence or otherwise, the Website, the facilities, services and/or Materials offered through the Website or any part of them are not directed at you.
  2. This Agreement shall be governed by and construed in accordance with the laws of India, and you hereby agree for the benefit of Hospitilio.com and without prejudice to the right of Hospitilio.com to take proceedings in relation to this Agreement, or for such purposes you irrevocably submit to the jurisdiction of such courts.
  3. The language of any dispute resolution procedure or any proceedings under this Agreement will be English.

21. Relationship of the Parties

  1. Nothing in this Agreement shall constitute, or be deemed to constitute, a partnership between the Healthcare Provider and Hospitilio.com nor shall either party be deemed to be the agent of the other.
  2. The Healthcare Provider shall have no right or authority to and moreover shall not commit any act enter into any contract make any representation give any warranty incur any liability assume any obligation whether express or implied of any kind on behalf of Hospitilio.com or bind Hospitilio.com in any way.

22. Miscellaneous

  1. Any waiver of any provision of this Agreement must be in writing and signed by Hospitilio.com in order to be valid. Any waiver of any provision hereunder shall not operate as a waiver of any other provision or a continuing waiver of any provision in the future. Each of the provisions of this Agreement is separate and severable and enforceable accordingly and if at any time any provision is judged by any court of competent jurisdiction to be void or unenforceable the validity legality and enforceability of the remaining provisions shall not in any way be affected or impaired.
  2. This Agreement represents the entire understanding and agreement between the Healthcare Provider and Hospitilio.com relating to use of the Website its facilities and/or services and supersede any and all prior statements understandings and agreements.
  3. The Healthcare Provider shall not assign transfer or charge or purport to assign transfer or charge any of its rights under this Agreement.
  4. You acknowledge that this Agreement supersedes and cancels all previous contracts agreements and working arrangements between us whether oral or written express or implied. This Agreement prevails over any other terms or conditions contained in or referred to elsewhere or implied by trade custom or course of dealing. Any purported terms or conditions to the contrary are hereby excluded to the fullest extent legally permitted.
  5. No relaxation forbearance delay or indulgence by either you or us in enforcing any of this Agreement or the granting of time by either party to the other shall prejudice or restrict such rights and powers.
  6. Neither party may assign this Agreement or any rights or obligations under this agreement without the written consent of the other party, which consent may not be unreasonably withheld. Notwithstanding the foregoing, Hospitilio may assign this Agreement to a third party without such consent, in the event of or in connection with a merger, reorganization or the sale of all, substantially all or a majority of its assets or voting securities.
  7. If for any reason Hospitilio.com determines or a court of competent jurisdiction finds that any provision or portion of this Agreement is illegal unenforceable or invalid under applicable law in a particular jurisdiction;
    1. this Agreement will not be affected in other jurisdictions to the extent that such determination or finding has no application; and
    2. in the relevant jurisdiction the remainder of this Agreement (to the fullest extent permitted by law) will continue in full force and effect.

23. Notices

  1. Any notice or other communications in relation to this Agreement may be given by sending same by post or e-mail to the latest address and contact that one party has notified in writing to the other. This will also be the address for service of legal proceedings in the manner prescribed by law. Such notices or communications (where properly addressed) shall be considered received:

    1. if posted 5 working days after the date of posting;
    2. if sent by email on the earliest of
      1. the email being acknowledged by the recipient as received;
      2. receipt by the sender of an automated message indicating successful delivery or the email having been opened; or
      3. the expiry of 48 hours after transmission provided that the sender has not received notification of unsuccessful transmission.