These terms and conditions govern your (hereinafter be referred to as “You”, “Your” or “User” as applicable) access and/or use of the following whether through a computer or a mobile phone or any other device:
provided by Health Axis Private Limited, a private limited company with its registered office at 19, Bishop Garden Road, R.A Puram, Chennai- 600028 (“Health Axis”, “We”, “Us”, “Our” and terms of similar meaning).
These Terms (as defined hereinbelow) applies as between You, the user of the Website and Health Axis, the owner of the Website. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.
Your access or use of the Website and consumption of Content (as defined herein below) hosted or managed remotely through the Website, are governed by the following terms and conditions (hereinafter referred to as the “Terms”), including the applicable policies which are incorporated herein by way of reference.
1.1. In these Terms the following terms shall have the following meanings:
2.1. You hereby expressly acknowledge and agree to be bound by the terms, policies and guidelines incorporated by reference in these Terms, including the Privacy Policy, as may be amended from time to time. We may, from time to time, release new features on the Website or introduce other services from time to time on the Website. Any such additions/ amendments will be subject to these Terms as well as any additional terms and conditions that we may release for those specific services and / or features.
2.2. You represent and warrant that:
2.3. We may update these Terms from time to time. The updated version will be indicated by an updated “Revised” date, and the updated version will be effective as soon as it is accessible. Health Axis reserves the right to modify these Terms in any manner, from time to time, entirely at its own discretion, with or without any notification to you. Health Axis shall be under no obligation to notify or intimate the implementation of any modifications to the Terms at any time. You are responsible for checking the Terms periodically to remain in compliance with these terms at all times. Your access to and use of the Website after any amendment to the Terms shall constitute Your deemed acceptance of such modified terms. We encourage You to review these Terms frequently to be informed of how we are protecting Your information.
2.4. These Terms are published in compliance with, and is governed by the provisions of applicable Indian laws, including but limited to:
2.5. You further agree and confirm that:
3.1. Health Axis grants you a limited, terminable, personal, non-exclusive, non-transferrable and non-sub licensable right to use the Website and Content, subject to the Terms. Your access and use of the Website and Content is subject to the following covenants, undertakings and agreement:
4.1. Your use of the Website is further subject to the following restrictions and You are, therefore, prohibited to:
5.1. Health Axis is required by applicable laws to maintain the privacy and confidentiality of Your information. We assure to take Your privacy seriously and to maintain privacy and confidentiality of the information provided by You to Us. We, however, do not represent, warrant or guarantee that Our safeguards to prevent unauthorized access to Your personal information is foolproof. Further, Health Axis may itself have to access Your information in order to investigate any deficiencies, complaints or grievances that You bring to the notice of Health Axis. You hereby specifically authorize Health Axis and all its representatives, consultants, service providers and agents to access Your information in such cases.
5.2. Use of the Website is also governed by our Privacy Policy which is incorporated into these terms and conditions by this reference.
6.1. Blind Data. We may collect, use, develop, create, and commercialize data of Users based on Aggregated Data (collectively, “Blind Data”). Blind Data will be owned solely by us and may be used for any lawful business purpose, for research, studies, to provide insights and analytics, without a duty of accounting to You. User’s names would not be attributed to the data. “Aggregated Data” means Your confidential information that is: (i) anonymized and not identifiable to any person or entity; (ii) combined with the data of other Users or additional data sources; and (iii) presented in a way which does not reveal Your identity.
6.2. Feedback. As a visitor/User of the Website, you agree to use careful, prudent, and good judgment when leaving feedback for other Users of the Website. In the event the feedback violates these Terms, is inappropriate, racist, abusive, harassing, defamatory, libellous, obscene, illegal or deceptive or violates propriety or privacy of another user, Health Axis, in its sole discretion, may take any of the following actions: (i) delete your feedback or any of your postings; and/or (ii) report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Health Axis’s discretion, Health Axis will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Website.
6.3. Reporting inappropriate use of feedback: You may contact Health Axis regarding any inappropriate use of feedback via-email to the Grievance Redressal Officer (details of which are provided below).
6.4. Health Axis does not and cannot review every posting made on the Website. These Terms do not require Health Axis to monitor, police or remove any postings or other information submitted by you or any other user and Health Axis shall not be responsible for any ensuing liability.
7.1. The Website and all the Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software and any derivatives, improvements or modifications which ownership is attributable to Health Axis or its licensors as the case maybe is the property of Health Axis, its affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable Indian and international intellectual property and other relevant laws.
7.2. You may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given express written permission to do so by Health Axis
8.1. By accepting these Terms and using the Website and/or accessing the Content, You agree that You shall defend, indemnify and hold Health Axis, its partners, employees, shareholders, officers and other representatives harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (i) misuse of Your access to and use of the Website and/or the Content and/or misuse of any information on the Website and/or Content; (ii) any loss or injury to Health Axis’s representatives resulting from or attributable (wholly or partly) to Your acts or omissions; (iii) Your violation or breach of these Terms or any applicable law or regulation; (iv) Your violation of any rights of any third party including any intellectual property rights; (v) any and all third-party claims based upon (a) the content of any communications transmitted by you; and/or (b) transactions undertaken by You, through the Website.
9.1. Those wishing to place a link to the Website on other sites may do so only to the home page of the Website: www.apollohealthaxis.com without prior permission. Deep linking (i.e. links to specific pages within the Website) requires the express permission of Health Axis.
10.1. The Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Health Axis or its affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on the Website does not imply any endorsement of the sites themselves or of those in control of them.
11.1. Health Axis hereby explicitly and specifically disclaims any and all guarantees, warranties or representations that the Website and/or the Content, whether written, oral, expressed or implied including, without limiting the generality of the foregoing will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate.
11.2. Whilst Health Axis uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, all Users are advised to take responsibility for their own security, that of their personal details and their Devices.
11.3. Health Axis reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website and/ or the Content (or any part thereof) with or without notice and in its sole discretion. You agree that Health Axis shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website and/or the Content.
11.4. The User acknowledges that Health Axis does not control the transfer of data over the communications facilities, including the internet, and that any Website may be subject to limitations, delays, and other problems inherent in the use of such communication facilities. Health Axis shall not be responsible for any (i) delays, delivery failures, or other damages as a result; (ii) issues related to the performance, operation or security of any Website that arise from the User’s content or third - party content.
11.5. We are not responsible for disputes, claims, losses, injuries, or damage of any kind that might arise out of or relate to conduct of the Users and the third - party sites, including, but not limited to, any User's reliance upon any information provided therein. The third - party sites and we are independent contractors and neither party has authority to make any representations, warranties or commitments on behalf of the other. In the event of any conflict between these Terms and any of the terms, conditions and notices contained in any third - party sites, the contents of these Terms shall prevail.
11.6. We are not responsible for the content, accuracy or opinions expressed in any third - party sites, and such third - party sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked third - party sites on Our Website does not imply approval or endorsement of the third - party sites by us.
11.7. We reserve the right to modify or remove any content from the Website, which in our reasonable opinion and discretion, does not comply with the above Terms, or if any content is posted that we believe is not in our best interest.
12.1. The Website is provided “as is” and on an “as available” basis. We give no warranty that the Website will be free of defects and / or faults. To the maximum extent permitted by the applicable laws, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
12.2. Health Axis accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, internet service provider equipment failure, host equipment failure, communications network failure, power failure, Force Majeure Events or legal restrictions and censorship.
12.3. Health Axis reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to Content available. These Terms shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.
13.1. In no event will Health Axis, its licensors, partners, consultants, suppliers, employees and agents be liable to you for any incidental, indirect, special, consequential or punitive damages, regardless of the nature of the claim, including, without limitation, damages, lost profits, costs of delay, any failure of delivery, business interruption, costs of lost or damaged data or documentation, or liabilities to third parties arising from any source, whether based on warranty, contract, tort or any other legal theory, and whether or not Health Axis has been advised of the possibility of such damages.
13.2. By entering into these Terms, you hereby waive and release Health Axis from any injury, that may be caused by you accessing the Content, including any claims for intentional misconduct, negligence or gross negligence. You hereby acknowledge your full understanding and willingness to accept any risks associated with the Website and waive Health Axis from liability in relation to the Website.
13.3. Health Axis or anyone else involved in administering, distributing or providing the Website further explicitly disclaim any and all liability for any of the following:
13.4. In no event shall Health Axis or anyone else involved in administering, distributing or providing the Website be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs for an amount exceeding the money charged by Health Axis from the User under which such liability has arisen and been established.
13.5. Health Axis shall not be held liable for any opinions, information, reviews or comments posted by any User on the Website.
13.6. Every effort has been made to ensure that these terms and conditions adhere strictly with applicable laws. However, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions.
14.1. These Terms will continue to apply until terminated as set forth below.
14.2. Health Axis may at its sole discretion and at any time with or without notice, terminate or suspend the Terms, with or without cause if:
14.3. Health Axis shall not be liable to you or any third party for any such termination.
15.1. Once your access to the Website has been terminated, any and all Content will be irretrievably deleted by us, except to the extent that we are obliged to maintain or permitted to retain in accordance with applicable laws.
15.2. Health Axis, in its sole discretion, may initiate appropriate legal proceedings against you, if necessary.
15.3. Termination shall not affect your liability or obligations arising prior to such termination.
16.1. In the event that any party to these Terms fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
17.1. In the event of any conflict between these Terms and any prior versions thereof, the provisions of these Terms shall prevail unless it is expressly stated otherwise.
18.1. Nothing in these Terms shall confer any rights upon any third party. The agreement created by these Terms is between you and Health Axis.
19.1. These Terms together with the Privacy Policy, and any other specific terms as may be set forth in the Website shall constitute the entire agreement between you and Health Axis.
19.2. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under applicable laws.
20.1. If there is a grievance or concern in respect of these Terms or the Content provided by Health Axis, you are requested to email us details of the same at info@apollohealthaxis.com. Any concern shall be sought to be addressed by Health Axis and in the event of any dispute, You and Health Axis shall endeavour to amicably resolve the dispute.
20.2. The Website is controlled, operated and administered by Health Axis from its offices within India. Any access to the Website from territories where their contents are illegal is prohibited. You may not use the Website in violation of any applicable export laws and regulations. If You access the Website from a location outside India, You are responsible for compliance with all local laws.
20.3. These Terms shall be governed and construed under the laws of India and the courts of Chennai, India shall have exclusive jurisdiction.
21.1. Health Axis shall not be in breach of its obligation hereunder if it is delayed in the performance of or is unable to perform (whether partially or fully) its obligations as a result of the occurrence of a Force Majeure Event.
22.1. The Website and the Content are being offered and made available for participation in India. If you are a user accessing the Website and the Content from the United States of America, European Union, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from Indian laws, please be advised that through Your continued participation in the usage or accessing of the Website and the Content, which is governed by Indian law, you are transferring your personal information to India, and you consent to that transfer and to the collection and usage of your personal information in accordance with the laws of the Republic of India.
23.1. Health Axis has constituted an appropriate grievance redressal mechanism within the organization to resolve any grievances of the Users. Health Axis has designated an officer to redress the genuine grievances of the Users, the details of whom are stated herein below (“Grievance Redressal Officer”).
Ms. Preetha Tiwari
Grievance Redressal Officer
nodal.officer@apollohealthaxis.com
23.2. In the event of any clarifications/queries/complaints/grievances in respect of the Content and/ or the Website provided by Health Axis, you may write to Us at info@apollohealthaxis.com .
