TERMS AND CONDITIONS
These terms and conditions, as may be amended from time to time, apply to all our services directly or indirectly made available online, through website, any mobile device, by email or by telephone. By accessing, browsing and using our website or any of our applications (hereafter collectively referred to as the “platform”) and/or by completing a booking, you acknowledge and agree to have read, understood and agreed to the terms and conditions set out below (including the privacy statement).
These pages, the content and infrastructure of these pages, and the online booking service provided on these pages and through the website are owned, operated and provided by INDHEAL.COM (Indheal website name). and are provided for your personal, non-commercial use only, subject to the terms and conditions set out below.
“INDHEAL.COM”, “us”, “we” or “our” means Indheal Solutions Private Limited a company incorporated under the Companies Act, 1913, and having its registered address at #558, Pragathy Layout, Doddanakundi Main Road, Mahadevapura, Bangalore -560037, Karnataka, India.
“Platform” means the (mobile) website and app on which the Service is made available owned, controlled, managed, maintained and/or hosted by www.indheal.com
“Service” means the online booking service (including the facilitation of payments) of various health services and incidental hotel/boarding and lodging reservations as from time to time made available by hospitals and hotels on the Platform.
2. Scope of our Service
Through the Platform, we (INDHEAL.COM) provide an online platform through which hospitals can list their health or treatment service for facilitating an appointment, and through which visitors of the Platform can make such booking. By making an appointment or booking through INDHEAL.COM , you enter into a direct (legally binding) contractual relationship with the hospital with which you make an appointment for the services or treatment. Further it is also agreed by you that any data received by us at the time of booking would be transferred to the hospital and it is the sole discretion of the hospital to accept your booking or not. From the point at which you make your booking, we act solely as an intermediary between you and the hospital, transmitting the details of your booking/ appointment to the relevant hospitals and sending you a confirmation email for and on behalf of the hospitals. The accuracy of the data/document upload is at your sole risk.
When rendering our Service, the information that we disclose is based on the information provided to us by the hospitals. As such, the hospitals are given access to an extranet through which they are fully responsible for updating all rates, availability and other information which is displayed on our Platform. Although we will use reasonable skill and care in performing our Service, we will not verify if, and cannot guarantee that, all information is accurate, complete or correct, nor can we be held responsible for any errors (including manifest and typographical errors), any interruptions (whether due to any (temporary and/or partial) breakdown, repair, upgrade or maintenance of our Platform or otherwise), inaccurate, misleading or untrue information or non-delivery of information. Each hospital remains responsible at all times for the accuracy, completeness and correctness of the (descriptive) information (including the rates and availability) displayed on our Platform. Our Platform does not constitute and should not be regarded as a recommendation or endorsement of the quality, service level, qualification or (star) rating of any hospitals (or its facilities, treatment or services) made available.
We also facilitate incidental booking or reservations in the hotels or boarding rooms and also facilitate transportation facilities to you while booking the hospitals. These facilities would be provided only if you book or fix an appointment with the hospital through our website INDHEAL.COM
Our Service is made available for personal and non-commercial use only. Therefore, you are not allowed to re-sell, deep-link, use, copy, monitor (e.g. spider, scrape), display, download or reproduce any content or information, software, bookings or appointment, treatments or services available on our Platform for any commercial or competitive activity or purpose.
4. Free of charge
Our service is free of charge because, unlike many other parties, we will not charge you for our Service or add any additional (reservation) fees to the rate.
5. Credit card or bank transfer
If applicable and available, certain hospitals/hotels offer the opportunity for booking/appointments/reservations to be paid (wholly or partly and as required under the payment policy of the appointment/treatment/accommodation/reservation) to the hospital/hotel during the booking/appointment/ reservation process by means of secure online payment (all to the extent offered and supported by your bank). For certain treatment and services, INDHEAL.COM facilitates (through third party payment processors) the payment of the relevant appointment/ treatment or service (i.e. the payment facilitation service) for and on behalf of the hospital/hotel (Indheal.com) never acts nor operates as the merchant of record). Payment is safely processed from your credit/debit card or bank account to the bank account of the hospital/hospital or treatment/appointment or accommodation provider through a third party payment processor. Any payment facilitated by us for and on behalf of, and transferred to the hospital/hotel will in each case constitute a payment of (part of) the booking price by you of the relevant treatment or service in final settlement of such (partial) due and payable price and you cannot reclaim such paid monies.
For certain (non-refundable) rates or special offers, please note that hospitals/hotels may require that payment is made upfront by wire transfer (if available) or by credit card, and therefore your credit card may be pre-authorised or charged (sometimes without any option for refund) upon making the appointment/booking/reservation. Please check the (appointment/booking/reservation) details of your treatment or service of choice thoroughly for any such conditions prior to making your appointment/booking/reservation. You will not hold (website name) liable or responsible for any (authorized, (allegedly) unauthorized or wrong) charge by the hospital/hotel and not (re)claim any amount for any valid or authorized charge by the hospital/hotel (including for pre-paid rates, no-show and chargeable cancellation) of your credit card.
6. Pre-payment, cancellation, no-show and fine print
By making a booking/appointment/reservation with a hospital/hotel, you accept and agree to the relevant cancellation and no-show policy of that hospital/hotel, and to any additional (delivery) terms and conditions of the hospital/hotel that may apply to your treatment/ visit or stay (including the fine print of the hospital/hotel made available on our Platform and the relevant house rules of the hospital/hotel, including for treatment/services rendered and/or other services offered by the treatment/accommodation provider (the delivery terms and conditions of an treatment/accommodation provider can be obtained with the relevant treatment/accommodation provider). The general cancellation and no-show policy of each hospital/hotel is made available on our Platform on the hospital/hotel information pages, during the booking/appointment/reservation procedure and in the confirmation email or ticket (if applicable). Please note that certain rates or special offers are not eligible for cancellation or change. Applicable state/ service tax may still be charged by the hospital/hotel in the event of a no-show or charged cancellation. Please check the (booking/appointment/reservation) details of your treatment or service of choice thoroughly for any such conditions prior to making your appointment/booking/ reservation. Please note that a booking/appointment/reservation which requires down payment or (wholly or partly) prepayment may be cancelled (without a prior notice of default or warning) insofar the relevant (remaining) amount(s) cannot be collected in full on the relevant payment date in accordance with the relevant payment policy of the hospital/hotel and the booking/appointment/reservation. Cancellation and prepayment policies may vary according to treatment/ room type.
If you wish to review, adjust or cancel your booking/appointment/ reservation, please revert to the confirmation email and follow the instructions therein. Please note that you may be charged for your cancellation in accordance with the treatment/accommodation provider’s cancellation, (pre)payment and no-show policy or not be entitled to any repayment of any (pre)paid amount. We recommend that you read the cancellation, (pre)payment and no-show policy of the treatment/accommodation provider carefully prior to making your booking/appointment/reservation and remember to make further payments on time as may be required for the relevant booking/appointment/reservation.
If you have a late or delayed arrival on the check-in date or only arrive the next day, make sure to (timely/promptly) communicate this with the hospital/hotel so they know when to expect you to avoid cancellation of your booking/appointment/reservation or room or charge of the no-show fee. Our customer service department can help you if needed with informing the hospital/hotel. (website) does not accept any liability or responsibility for the consequences of your delayed arrival or any cancellation or charged no-show fee by the hospital/hotel.
7. (Further) correspondence and communication
By completing a booking, you agree to receive (i) an email which we may send you shortly prior to your arrival date, giving you information on your destination and providing you with certain information and offers (including third party offers to the extent that you have actively opted in for this information) relevant to your reservation and destination, and (ii) an email which we may send to you promptly after your treatment/ stay inviting you to complete our review form.
It is further agreed by you when you have opted for any call back from our website the “do not disturb” (“DND”) policy or any other applicable policy, would not be applicable to Indheal, and Indheal is at a liberty to call you back and you would not be entitled to claim at a later stage that you were registered under DND. INDHEAL shall not be liable under any circumstances for the same.
INDHEAL.COM disclaims any liability or responsibility for any communication with the hotel/hospital on or through its platform. You cannot derive any rights from any request to, or communication with the hospital/hotel or (any form of) acknowledgement of receipt of any communication or request. INDHEAL.COM cannot guarantee that any request or communication will be (duly and timely) received/read by, complied with, executed or accepted by the hotel/hospital.
In order to duly complete and secure your booking/appointment/reservation, you need to use your correct email address. We are not responsible or liable for (and have no obligation to verify) any wrong or misspelled email address or inaccurate or wrong (mobile) phone number or credit card number.
Any claim or complaint against INDHEAL.COM or in respect of the treatment and other Service must be promptly submitted, but in any event within 30 days after the scheduled day of consummation of the treatment or service . Any claim or complaint that is submitted after the 30 days period, may be rejected and the claimant shall forfeit its right to any (damage or cost) compensation.
Due to the continuous update and adjustments of rates and availability, we strongly suggest to make screenshots when making a reservation to support your position (if needed).
Subject to the limitations set out in these terms and conditions and to the extent permitted by law, we shall only be liable for direct damages actually suffered, paid or incurred by you due to an attributable shortcoming of our obligations in respect to our services, up to an aggregate amount of the aggregate cost of your booking/appointment/ reservation as set out in the confirmation email (whether for one event or series of connected events).
However and to the extent permitted by law, neither we nor any of our officers, directors, employees, representatives, subsidiaries, affiliated companies, distributors, affiliate (distribution) partners, licensees, agents or others involved in creating, sponsoring, promoting, or otherwise making available the site and its contents shall be liable for (i) any punitive, special, indirect or consequential loss or damages, any loss of production, loss of profit, loss of revenue, loss of contract, loss of or damage to goodwill or reputation, loss of claim, (ii) any inaccuracy relating to the (descriptive) information (including rates, availability and ratings) of the hospital/hotel as made available on our Platform, (iii) the services rendered or the treatment offered by the hospital or other business partners, (iv) any (direct, indirect, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, pursuant to, arising out of or in connection with the use, inability to use or delay of our Platform, or (v) any (personal) injury, death, property damage, or other (direct, indirect, special, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, whether due to (legal) acts, errors, breaches, (gross) negligence, willful misconduct, omissions, non-performance, misrepresentations, tort or strict liability by or (wholly or partly) attributable to the hospital/hotel or any of our other business partners (including any of their employees, directors, officers, agents, representatives or affiliated companies) whose products or service are (directly or indirectly) made available, offered or promoted on or through the Platform, including any (partial) cancellation, overbooking, strike, force majeure or any other event beyond our control.
Whether or not the hospital/hotel has charged you for your treatment, room, product or service, or if we are facilitating the payment of the (treatment/room/reservation) price, you agree and acknowledge that the hospital/hotel is at all times responsible for the collection, withholding, remittance and payment of the applicable taxes due on the total amount of the (treatment/room/reservation) price to the relevant tax authorities. (website) is not liable or responsible for the remittance, collection, withholding or payment of the relevant taxes due on the (treatment/room/reservation) price to the relevant tax authorities. (INDHEAL)does not act as the merchant of record for any treatment/product or service made available on the Platform.
By uploading photos/images onto our system (for instance in addition to a review) you certify, warrant and agree that you own the copyright to the photos/images and that you agree that INDHEAL.COM may use the uploaded photos/images on its (mobile) website and app, and in (online/offline) promotional materials and publications and as INDHEAL.COM at its discretion sees fit. You are granting (website) a non-exclusive, worldwide, irrevocable, unconditional, perpetual right and license to use, reproduce, display, have reproduced, distribute, sublicense, communicate and make available the photos/images as (website) at its discretion sees fit. By uploading these photos/images the person uploading the picture(s) accepts full legal and moral responsibility of any and all legal claims that are made by any third parties (including, but not limited to, hospitals/accommodation owners) due to (website) publishing and using these photos/images. INDHEAL does not own or endorse the photos/images that are uploaded. The truthfulness, validity and right to use of all photos/images is assumed by the person who uploaded the photo, and is not the responsibility of INDHEAL. INDHEAL disclaims all responsibility and liability for the pictures posted. The person who uploaded the photo warrants that the photos/images shall not contain any viruses, Trojan horses or infected files and shall not contain any pornographic, illegal, obscene, insulting, objectionable or inappropriate material and does not infringe any third party (intellectual property right, copyright or privacy) rights. Any photo/image that does not meet the aforesaid criteria will not be posted and/or can be removed/deleted by INDHEAL at any time and without prior notice.
9. Intellectual property rights
Unless stated otherwise, the software required for our services or available at or used by our Platform and the intellectual property rights (including the copyrights) of the contents and information of and material on our Platform are owned by INDHEAL, its suppliers or providers.
INDHEAL exclusively retains ownership of all rights, title and interest in and to (all intellectual property rights of) (the look and feel (including infrastructure) of) the Platform on which the service is made available (including the guest reviews and translated content) and you are not entitled to copy, scrape, (hyper-/deep)link to, publish, promote, market, integrate, utilize, combine or otherwise use the content (including any translations thereof and the guest reviews) or our brand without our express written permission. To the extent that you would (wholly or partly) use or combine our (translated) content (including guest reviews) or would otherwise own any intellectual property rights in the Platform or any (translated) content or guest reviews, you hereby assign, transfer and set over all such intellectual property rights to Indheal. Any unlawful use or any of the aforementioned actions or behaviour will constitute a material infringement of our intellectual property rights (including copyright and database right).
To the extent permitted by law, these terms and conditions and the provision of our services shall be governed by and construed in accordance with Indian law and any dispute arising out of these general terms and conditions and our services shall exclusively be submitted to the competent courts in Bangalore, India.
If any provision of these terms and conditions is or becomes invalid, unenforceable or non-binding, you shall remain bound by all other provisions hereof. In such event, such invalid provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and you will at least agree to accept a similar effect as the invalid, unenforceable or non-binding provision, given the contents and purpose of these terms and conditions.
11. About INDHEAL SOLUTIONS PRIVATE LIMITED
The online booking/appointment/ reservation service is rendered by INDHEAL SOLUTIONS PRIVATE LIMITED., which is a private limited company, incorporated under the laws of INDIA and having its registered office at #558, Pragathy Layout, Doddanakundi Main Road, Mahadevapura, Bangalore -560037, Karnataka, India