Healthvio India Terms & Conditions

This Terms and Conditions (“Terms”) were last updated on 2/10/2023.

DO NOT USE THIS SERVICE FOR MENTAL HEALTH EMERGENCIES OR OTHER EMERGENCY MEDICAL CONDITIONS OR NEEDS. IF YOU EXPERIENCE A MEDICAL EMERGENCY, IMMEDIATELY CALL 112.

If you are considering suicide or thinking about taking an action that may cause harm or danger to you or to others, you must immediately call 112. If you are considering suicide, we urge you to call the Be Well Crisis Helpline at 211. HealthVio also provides a directory of resources (hyperlink to resources page) for mental health emergencies and other emergent circumstances, and we urge all users experiencing immediate or emergency crises to use these resources.

1. Terms and Conditions.

Please read these Terms and Conditions (“Terms”) carefully before using the https://healthvio.com website operated by HealthVio Inc. (“HealthVio,” “us,” “we,” “our”), (all hereinafter collectively, the “Platform”). The Platform itself and HealthVio services like MD and Holistik Health, including all underlying technology, together, will be referred to as the “Services”). HealthVio Services allow registered users (“Users”, “you”, “your”) to connect and communicate directly with Authorized Providers via the Services. Authorized Providers are independent contractors who have chosen to use HealthVio to provide Authorized Services. Authorized Providers are NOT employees, nor do they otherwise act on behalf of HealthVio in providing Services. The relationship between you and any Authorized Provider, is a professional-client relationship to which HealthVio is not a party.

HealthVio participates in a model Organized Health Care Arrangement (“OHCA”) as describe by the Health Insurance Portability and Accountability Act (HIPAA) for the purpose of operating and sharing best practices of protecting your health information. The OHCA creates no legal representations, warranties, obligations, or responsibilities between the entities participating in the OHCA beyond following HIPAA best practices.

These Terms govern your access to and use of the Platform. Your access to and use of the Platform is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Services. By accessing or using the Services you agree that you have read and understand these Terms and our Privacy Policy (Hyperlink). If you disagree with any part of the Terms or our Privacy Policy, then you do not have permission to access or use the Service. Provided you comply with these Terms, HealthVio grants you a limited, nonexclusive, revocable, non-assignable, non-transferable, non-sublicensable license to access and use the Service solely for your own personal noncommercial purposes. These Terms begin upon your creation of a Service account and will continue in effect until termination in accordance with these Terms.

The Services may change from time to time, at the sole discretion of HealthVio, and the Agreement will apply to your visit to and your use of the Website to avail the Service, as well as to all information provided by you on the Website at any given point in time.

This Agreement defines the terms and conditions under which you are allowed to use the Website and describes the manner in which we shall treat your account while you are registered as a member with us. If you have any questions about any part of the Agreement, feel free to contact us at (support email).

By downloading or accessing the Website to use the Services, you irrevocably accept all the conditions stipulated in this Agreement, the Subscription Terms of Service and Privacy Policy, as available on the Website, and agree to abide by them. This Agreement supersedes all previous oral and written terms and conditions (if any) communicated to you relating to your use of the Website to avail the Services. By availing any Service, you signify your acceptance of the terms of this Agreement.

We reserve the right to modify or terminate any portion of the Agreement for any reason and at any time, and such modifications shall be informed to you in writing You should read the Agreement at regular intervals. Your use of the Website following any such modification constitutes your agreement to follow and be bound by the Agreement so modified.

You acknowledge that you will be bound by this Agreement for availing any of the Services offered by us. If you do not agree with any part of the Agreement, please do not use the Website or avail any Services.

Your access to use of the Website and the Services will be solely at the discretion of HealthVio.

The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but not limited to:

the Indian Contract Act, 1872,
the (Indian) Information Technology Act, 2000, and
the rules, regulations, guidelines and clarifications framed there under, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”).

2. Conditions of Use

You must be 18 years of age or older to register, use the Services, or visit or use the Website in any manner. By registering, visiting and using the Website or accepting this Agreement, you represent and warrant to HealthVio that you are 18 years of age or older, and that you have the right, authority and capacity to use the Website and the Services available through the Website, and agree to and abide by this Agreement.

3. Services.

Holistik Health. The Holistik Health services use self-report measures that include questions focused on certain aspects of your health and lifestyle. Data can be shared by connecting your wearable device to the HealthVio account. Answers to Holistik Health questionnaires, your wearable device data and any other information you choose to share for a better overview of your health, will help you and your Authorized Provider understand and optimize your overall health.

If you choose to connect your wearable device to your HealthVio account, Holistik Health will only have access to information from your wearable device, which you select and direct to be shared with Holistik Health. Once you've selected which data to share, the information is sent and incorporated into your HealthVio account. If you don’t want your health information to be shared with Holistik Health, you must not connect your wearable device to the account. By connecting your wearable device to the account, you are choosing to share your health information with Holistik Health to be reviewed and integrated into your assessment.

You can amend your health data and can add information to your Holistik Health profile to make your information more accurate or complete. You can limit the use or disclosure of Personal Information by selecting from your wearable device the exact data you want or don't want to share. You must answer the questionnaires honestly and truthfully so our healthcare professionals can give you appropriate and effective recommendations to improve your health.

Not Medical Advice

Any and all services provided by, in and/or through the Holistik Health Services are for informational purposes only. Holistik Health does not provide medical services. Nothing contained in the Services should be construed as such advice or diagnosis. The information and reports generated by us should not be interpreted as a substitute for physician consultation, evaluation, or treatment, and the information made available on or through the Services should not be relied upon when making medical decisions, or to diagnose or treat a health condition or illness. YOUR USE OF THE SERVICES DOES NOT CREATE A DOCTOR-PATIENT RELATIONSHIP BETWEEN YOU AND HOLISTIK HEALTH.

You should seek the advice of a physician or a medical professional with any questions you may have regarding your health or preventive care. You represent to us (which representation shall be deemed to be made each time you use the Services), that you are not using the Services for purpose of seeking medical attention. If any information you receive or obtain from using the Services is inconsistent with the medical advice from your physician, you should follow the advice of your physician.

Holistik Health assessments are not a substitute for and are not an alternative to healthcare diagnosis and treatment. You should seek diagnosis, treatment and advice regarding any health concern or illnesses from physicians practicing medicine and other licensed healthcare professionals. Under no circumstances will any of your interactions with our Holistik Health be deemed or construed to create a physician-patient relationship or a fiduciary duty of any kind whatsoever.

The score obtained when performing both assessments is based solely from the information that the consumer provides us. If the information provided by the consumer is incorrect, the score obtained will not be accurate. To get the most accurate result make sure you answer honestly.

All personal health information you choose to share with Holistik Health will be protected, and safeguard as required by HIPAA regulations and any other applicable law. For information on our data practices, please see our Privacy Policy.

Holistik Health services are owned and managed by HealthVio. HealthVio reserves the right to make any change, modification, addition or delete any service(s) or product(s) in both Holistik Health.

Services from Holistik Health are currently free. However, we reserve the right to change or add a payment for Holistik Health services anytime with proper notification to consumers.

You must accept these Terms to create a HealthVio account and to access our healthcare professionals’ recommendations. If you do not have an account, you accept these terms by using any part of Holistik Health assessments. If you do not accept these terms, do not create an HealthVio account or use Holistik Health Services.

4. Privacy and Security.

Protecting and safeguarding any information you provide through the Platform is extremely important to us. Information about our security and privacy practices can be found on our Privacy Policy (hyperlink to PP).

End-User Account and Data Privacy

The terms “personal information” and “sensitive personal data or information” are defined under the SPI Rules and are reproduced in the Privacy Policy.

HealthVio may by its Services, collect information relating to the devices through which you access the Website, and anonymous data of your usage. The collected information will be used only for improving the quality of HealthVio services and to build new services.

The Website allows HealthVio to have access to registered Users’ personal email or phone number, for communication purpose so as to provide you a better way of booking appointments and for obtaining feedback in relation to the Practitioners and their practice.

The Privacy Policy sets out, inter-alia:

The type of information collected from Users, including sensitive personal data or information;
The purpose, means and modes of usage of such information;
How and to whom HealthVio will disclose such information; and,
Other information mandated by the SPI Rules.

The User is expected to read and understand the Privacy Policy, so as to ensure that he or she has the knowledge of inter-alia:

the fact that certain information is being collected;
the purpose for which the information is being collected;
the intended recipients of the information;
the nature of collection and retention of the information; and
the name and address of the agency that is collecting the information and the agency that will retain the information; and
the various rights available to such Users in respect of such information.

HealthVio shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the User to HealthVio or to any other person acting on behalf of HealthVio.

The User is responsible for maintaining the confidentiality of the User’s account access information and password, if the User is registered on the Website. The User shall be responsible for all usage of the User’s account and password, whether or not authorized by the User. The User shall immediately notify HealthVio of any actual or suspected unauthorized use of the User’s account or password. Although HealthVio will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of HealthVio or such other parties as the case may be, due to any unauthorized use of your account.

If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or HealthVio has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, HealthVio has the right to discontinue the Services to the User at its sole discretion.

HealthVio may use such information collected from the Users from time to time for the purposes of debugging customer support related issues.

5. Rules of Conduct and Account Eligibility.

To access HealthVio’s Services, you must first establish an individual user account (“Account”), by providing certain information as set out in the Privacy Policy. You agree that you will not create more than one Account or create an Account for anyone other than yourself. In exchange for your use of the Services and, if applicable, in order for Authorized Providers to send chat messages to you, you agree to:
1. provide true, accurate, current, and complete information about yourself as prompted by our Account sign-up form (understanding that during therapy sessions you may use a nickname);
2. maintain, and promptly update such Account information, each time you log on, as far as possible to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or HealthVio has reasonable grounds to suspect that such Account information is untrue, inaccurate, not current, or incomplete, HealthVio reserves the right to transition your treatment to another Provider outside of HealthVio or take other steps as ppropriate;
3. certify that you (i) are over the age of eighteen (18), and (ii) physically located or are a resident of the State or Country you have chosen as your current residency when creating your Account; and
4. remain responsible for maintaining the confidentiality of your Account password and username (if any), and any other security information related to your Account at all times. HealthVio will not be liable for any loss that you incur as a result of someone else accessing and using your Account, either with or without your knowledge.
It is a condition of your use of our Platform that you use our Platform only for lawful purposes in accordance with this Agreement, and that you do not:
1. Attempt to circumvent and violate the security of our Platform by, including, without limitation:
  1. accessing content and data that is not intended for you;
  2. attempting to breach or breaching the security and/or authentication measures, which are not authorized;
  3. restricting, disrupting or disabling service to users, hosts, servers or networks;
  4. illicitly reproducing TCP/IP packet header;
  5. disrupting network services and otherwise disrupting HealthVio’s ability to monitor our Platform;
  6. using any robot, spider or other automatic device, process or means to access our Platform for any purpose, including monitoring or copying any of the material on our Platform;
  7. introducing any viruses, trojan horses, worms, logic bombs or other material that is malicious or technologically harmful; attacking our Platform via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing or crashing; or
  8. otherwise attempting to interfere with the proper working of our Platform.
2. access or use for any commercial purposes any part of our Platform or any services or materials available through our Platform;
3. directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Platform, in any form or medium whatsoever nor delete or alter any copyright, trademark or other proprietary rights or notices from copies of materials from our Services or platform except:
  1. Your computer and browser may temporarily store or cache copies of materials beingaccessed and viewed;
  2. A reasonable number of copies for personal use only may be printed keeping any proprietary notices thereon, which may only be used for non-commercial and lawful personal use and not for further reproduction, publication or distribution of any kind on any medium whatsoever;
  3. One single User copy may be downloaded with any proprietary notices intact, for your own personal, non-commercial use; and
  4. In the event that social media are linked to certain content on our Platform, you may take such actions as our Website, and such third-party social media platforms permit.
4. Use our Services or make User Submissions that:
  1. Are for any purposes other than logging and submitting your data to and communicating with your Authorized Provider;
  2. In any manner violates any applicable federal, provincial, local or international law or regulation including, without limitation, any laws regarding the export of data or software, patent, trademark, trade secret, copyright or other intellectual property, legal rights (including the rights of publicity and privacy of others) or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and Conditions and our Privacy Policy;
  3. In any manner, violates the terms of service of any third-party website that is linked to our Platform, including but not limited to, any third-party social media website;
  4. Includes or contains any material that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory or discriminatory based on race, sex, religion, nationality, disability, sexual orientation or age or other such legally prohibited ground or be otherwise objectionable, such determination to be made in HealthVio’s sole discretion;
  5. Involves stalking, attempting to exploit or harm any individual (including minors) in any way by exposing them to inappropriate content or otherwise or ask for personal information as prohibited under applicable laws, regulations or code;
  6. Involves, provides or contributes any false, inaccurate or misleading information;
  7. Includes sending, knowingly receiving, uploading, downloading, using or reusing any material that does not comply with these Terms and Conditions;
  8. Impersonates or attempts to impersonate HealthVio, an Authorized Provider, another User or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing);
  9. Transmits, or procures the sending of, any advertisements or promotions without our prior written consent, sales or encourage any other commercial activities, including, without limitation, any “spam”, “junk mail”, “chain letter”, contests, sweepstakes and other sales promotions, barter or advertising or any other similar solicitation;
  10. Encourages any other conduct that restricts or inhibits anyone’s use or enjoyment of our Platform, or which, as determined by us, may harm HealthVio or Users of our Platform, or may expose HealthVio or other Users to liability;
  11. Causes annoyance, inconvenience or needless anxiety or be likely to upset, embarrass or alarm any other person;
  12. Promotes any illegal activity, or advocates, promotes or assists any unlawful act; or
  13. Gives the impression that you originate from or are endorsed by us or any other person or entity, if this is not the case.

6. Rights and Obligations Relating to Content.

6.1 As mandated by Regulation 3(2) of the IG Rules, HealthVio hereby informs Users that they are not permitted to host, display, upload, modify, publish, transmit, update or share any information that:

belongs to another person and to which the User does not have any right to;
is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
harm minors in any way;
infringes any patent, trademark, copyright or other proprietary rights;
violates any law for the time being in force;
deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
impersonate another person;
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

6.2 Users are also prohibited from:

violating or attempting to violate the integrity or security of the Website or any HealthVio Content;
transmitting any information (including job posts, messages and hyperlinks) on or through the Website that is disruptive or competitive to the provision of Services by HealthVio;
intentionally submitting on the Website any incomplete, false or inaccurate information;
making any unsolicited communications to other Users;
using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website;
attempting to decipher, decompile, disassemble or reverse engineer any part of the Website;
copying or duplicating in any manner any of the HealthVio Content or other information available from the Website;
framing or hot linking or deep linking any HealthVio Content.
circumventing or disabling any digital rights management, usage rules, or other security features of the Software.

6.3 HealthVio, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information as mentioned above, shall be entitled to disable such information that is in contravention of Clauses 6.1 and 6.2. HealthVio shall also be entitled to preserve such information and associated records for at least 90 (ninety) days for production to governmental authorities for investigation purposes.

6.4 In case of non-compliance with any applicable laws, rules or regulations, or the Agreement (including the Privacy Policy) by a User, HealthVio has the right to immediately terminate the access or usage rights of the User to the Website and Services and to remove non-compliant information from the Website.

6.5 HealthVio may disclose or transfer User-generated information to its affiliates or governmental authorities in such manner as permitted or required by applicable law, and you hereby consent to such transfer. The SPI Rules only permit HealthVio to transfer sensitive personal data or information including any information, to any other body corporate or a person in India, or located in any other country, that ensures the same level of data protection that is adhered to by HealthVio as provided for under the SPI Rules, only if such transfer is necessary for the performance of the lawful contract between HealthVio or any person on its behalf and the User or where the User has consented to data transfer.

HealthVio respects the intellectual property rights of others and we do not hold any responsibility for any violations of any intellectual property rights.

7. Purchase and Payment Information.

If you wish to purchase any product or service made available through the Services (“Purchase(s”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. Information about our collection and use of payment-related information is described in our Privacy Policy. If the credit or debit card information that you submit is incorrect or invalid, your payment will not be processed. We have no responsibility or liability if your credit or debit card is declined by your financial institution. Refunds will be determined at the sole discretion of HealthVio. You represent and warrant that you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase. The Service may employ the use of third-party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

Refunds:

If you book an appointment through HealthVio, you will have twenty-four (24) hours before the appointment in which to cancel the appointment and receive a full refund. Cancellations less than twenty-four (24) hours before appointments will not result in a refund, but may be applied towards a rescheduled appointment.

8. Intellectual Property Rights and Ownership.

The HealthVio Website information, logos and graphics are the property of HealthVio or its licensors and are protected from unauthorized copying and dissemination by copyright law, trademark law, patent law, industrial design law, and other intellectual property laws. Subject to these Terms, HealthVio grants to you a revocable, non-transferable, non-exclusive license to download, install, and use one copy of our Platform on a mobile device or other supported device that you own or control for your personal, non-commercial use (the “License”). The Platform is hereby licensed to you and not sold. Source code as well as any other information pertaining to the logic, design, or structure of the HealthVio Services and Platform, including the object or executable code form thereof, is specifically excluded from the License granted hereunder.

Title to our Platform, and all documentation and material whatsoever related thereto, shall at all times remain with HealthVio, and all intellectual property rights of whatever nature with respect thereto shall be and remain the exclusive property of HealthVio. Nothing these Terms gives you a right to use HealthVio’s names, trademarks, logos, domain names, or other distinctive brand features without prior written consent from HealthVio. Any future release, update, or other addition to functionality of our Website shall be subject to the Agreement. Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action.

9. Healthvio Reach Rights

HealthVio reserves the rights to display sponsored ads on the Website. These ads would be marked as “Sponsored ads”. Without prejudice to the status of other content, HealthVio will not be liable for the accuracy of information, or the claims made in the Sponsored ads. HealthVio does not encourage the Users to visit the Sponsored ads page or to avail any services from them. HealthVio will not be liable for the services of the providers of the Sponsored ads.

You represent and warrant that you will use these Services in accordance with applicable law. Any contravention of applicable law as a result of your use of these Services is your sole responsibility, and HealthVio accepts no liability for the same.

10. Third-Party Content.

The Platform may contain other content, products or services which are offered or provided by third parties ("Third-Party Content"), links to Third-Party Content (including but not limited to links to other websites) or advertisements which are related to Third-Party Content. We have no responsibility for the creation of any such Third-Party Content, including (but not limited to) any related products, practices, terms or policies, and we will not be liable for any damage or loss caused by any Third-Party Content.

While using our platform, you may choose to authorize HealthVio and its third-party contractors or affiliates to retrieve and disclose your health records and protected health information. These records may not be a complete 100% comprehensive record, and these records may not be useful for diagnostic purposes. These health records will be shared with Authorized Providers to ensure great healthcare services. HealthVio does not alter or modify medical records received from its third parties. Please note that if you authorize to retrieve your medical records through our third-party, you may receive a more comprehensive set of medical records if the following information is provided accurately: full address, first name, last name, gender, and date-of-birth. If at any time you wish to revoke this authorization, you may do so by deleting your profile on the HealthVio Website.

11. Disclaimers.

OUR WEBSITE IS PROVIDED “AS IS”. WHILE HEALTHVIOENDEAVORS TO PROVIDE ACCURATE, CURRENT AND TIMELY INFORMATION, HEALTHVIOMAKES NO REPRESENTATION, WARRANTIES OR COVENANTS OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, REGARDING OUR WEBSITE INCLUDING, WITHOUT LIMITATION, NO REPRESENTATION, WARRANTY OR COVENANT THAT: (I) OUR WEBSITE CONTENT WILL BE ACCURATE, COMPLETE, CURRENT, RELIABLE, TIMELY, OF MERCHANTABLE QUALITY OR SUITABLE FOR A PARTICULAR PURPOSE; (II) THE OPERATION OF OUR WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; (III) OUR WEBSITE SHALL PROCESS DATE AND TIME-RELATED DATA WITHOUT CAUSING ANY PROCESSING INTERRUPTIONS, ABNORMAL TERMINATION OR WITHOUT PROCESSING OR MANIPULATING ANY TIME-RELATED DATA; (IV) OUR WEBSITE WILL BE FREE FROM MATERIAL DEFECTS OR THAT DEFECTS OR ERRORS, WHETHER HUMAN OR COMPUTER ERRORS, IN OUR WEBSITE WILL BE CORRECTED; (VI) OUR WEBSITE WILL BE FREE FROM VIRUSES OR HARMFUL COMPONENTS THAT MAY DAMAGE OR INFECT YOUR DEVICE OR OTHER PROPERTY; OR THAT (VII) COMMUNICATIONS TO OR FROM OUR WEBSITE WILL BE SECURE AND/OR NOT INTERRUPTED.

YOU AGREE THAT YOU ARE RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD AND ANY OTHER SECURITY INFORMATION RELATED TO YOUR USE OF THE PLATFORM. YOU AGREE TO NOTIFY HEALTHVIO IMMEDIATELY OF ANY UNAUTHORIZED USE OF YOUR USERNAME OR PASSWORD.

12. Limitation of Liability.

IN NO EVENT SHALL HEALTHVIOOR ITS AFFILIATES, SUBSIDIARIES, AGENTS, INDEPENDENT CONTRACTORS, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, ANY LOSS OR DAMAGES IN THE NATURE OF OR RELATING TO MEDICAL OR PERSONAL INJURY; WRONGFUL DEATH; INACCURATE INFORMATION; LOST BUSINESS; OR ANY OTHER LOSS INCURRED IN CONNECTION WITH YOUR OR YOUR AUTHORIZED PROVIDER’S USE, MISUSE OR RELIANCE UPON OUR WEBSITE; YOUR OR YOUR AUTHORIZED PROVIDER’S INABILITY TO USE OUR WEBSITE; THE ACTS, OMISSIONS, CONDUCT, CONTENT PROVIDED BY OR STATEMENTS AND OPINIONS EXPRESSED BY ANY THIRD-PARTY; OR THE HEALTH CARE YOU RECEIVE, REGARDLESS OF THE CAUSE AND WHETHER ARISING IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE), OR OTHERWISE. THE FOREGOING LIMITATION SHALL APPLY EVEN IF HEALTHVIOOR ITS AFFILIATES, SUBSIDIARIES, AGENTS, INDEPENDENT CONTRACTORS, SHAREHOLDERS, DIRECTORS, OFFICERS, OR EMPLOYEES KNEW OF OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PROVIDED BY LAW, HEALTHVIOWILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF OUR WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED THEREON OR ON ANY WEBSITE LINKED TO OUR WEBSITE.

YOU UNDERSTAND, AGREE AND ACKNOWLEDGE THAT OUR AGGREGATE LIABILITY FOR DAMAGES ARISING WITH RESPECT TO THIS AGREEMENT AND ANY AND ALL USE OF THE PLATFORM WILL NOT EXCEED THE TOTAL AMOUNT OF MONEY PAID BY YOU OR ON YOUR BEHALF THROUGH THE PLATFORM IN THE 12 MONTHS PERIOD PRIOR TO THE DATE OF THE CLAIM.

If the applicable law does not allow the limitation of liability as set forth above, the limitation will be deemed modified solely to the extent necessary to comply with applicable law.

This section (Limitation of Liability) shall survive the termination or expiration of this Agreement.

13. Indemnification.

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS HEALTHVIOAND ITS AFFILIATES, SUBSIDIARIES, AGENTS, INDEPENDENT CONTRACTORS, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, DEMANDS, LIABILITIES, COSTS, OR EXPENSES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, LEGAL FEES AND DISBURSEMENTS, RESULTING DIRECTLY OR INDIRECTLY FROM: (I) YOUR BREACH OF ANY OF THESE TERMS AND CONDITIONS; (II) YOUR OR YOUR AUTHORIZED PROVIDER’S DOWNLOAD, USE, OR MISUSE OF, OR RELIANCE UPON, OR INABILITY TO ACCESS OR USE OUR WEBSITE; (III) YOUR USE OR ACCESS OF ANY LINKED WEBSITES, SUCH AS THIRD-PARTY WEBSITES; (IV) ANY USER SUBMISSIONS, CONTENT, MATERIALS, POSTING OR INFORMATION ON OUR WEBSITE; (V) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR ACCOUNT, LOGIN CREDENTIALS, RANSMISSIONS OR DATA, INCLUDING YOUR AUTHORIZED PROVIDER’S FAILURE TO KEEP PASSWORDS, ACCOUNT DETAILS AND ANY PERSONAL INFORMATION OR PERSONAL HEALTH INFORMATION SECURE AND CONFIDENTIAL; (VI) STATEMENTS OR CONDUCT OF ANY THIRD-PARTY; (VII) CHANGES TO OUR WEBSITE; (VIII) OUTCOMES IN YOUR TREATMENT OR ENGAGEMENT WITH YOUR AUTHORIZED PROVIDER; (IX) INACCURACY OF THE INFORMATION YOU OR YOUR AUTHORIZED PROVIDER ENTERS OR ALLOWS SOMEONE ELSE TO ENTER INTO OUR WEBSITE; OR (X) MISUSE OF INFORMATION TRANSMITTED TO OR BY YOUR AUTHORIZED PROVIDER OR OTHERWISE.

This section (Indemnification) shall survive the termination or expiration of this Agreement.

14. Modifications to our Website.

HealthVio reserves the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, our Platform or any part thereof, with or without notice to you. HealthVio shall not be liable to you or to any third party for any modifications, suspension or discontinuance of our Platform or any part thereof. If HealthVio becomes involved in a merger, acquisition, or a sale of some or all of its assets, HealthVio reserves the right to re-brand or relocate its services.

15. Subscriptions and Promotions.

HealthVio reserves the right, in its sole and absolute discretion, to determine your eligibility for any promotional offer pursuant to the applicable Promotional Terms. HealthVio reserves the right to change, amend and alter then-current promotional offers or Promotional Terms as well as institute new promotional offers in its sole and absolute discretion. HealthVio does not guarantee that any promotional offers are or will be available to you at all, or in connection with any services desired by you.

The prices and availability of products and services made available on the Service may change at any time without notice to you. Prices remain valid while they are listed and offered on the Service. Prices will be as posted on the Service as of the date and time of your order, as applicable. Availability of products and services may be limited, and products may not be available for immediate delivery. Some products and services may not be available in certain areas.

16. Retention And Removal

HealthVio may retain such information collected from Users from its Website or Services for as long as necessary, depending on the type of information; purpose, means and modes of usage of such information; and according to the SPI Rules. Computer web server logs may be preserved as long as administratively necessary.

17. Applicable Law and Dispute Settlement

17.1 You agree that this Agreement and any contractual obligation between HealthVio and User will be governed by the laws of India.

17.2 Any dispute, claim or controversy arising out of or relating to this Agreement, including the determination of the scope or applicability of this Agreement to arbitrate, or your use of the Website or the Services or information to which it gives access, shall be determined by arbitration in India, before a sole arbitrator appointed by HealthVio. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be Bangalore. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the parties to the dispute.

17.3 Subject to the above Clause 17.2, the courts at Bengaluru shall have exclusive jurisdiction over any disputes arising out of or in relation to this Agreement, your use of the Website or the Services or the information to which it gives access.

18. Contact Information Grievance Officer.

If a User has any questions concerning HealthVio, the Website, this Agreement, the Services, or anything related to any of the foregoing, HealthVio customer support can be reached at the following email address: (support email for India Users)

In accordance with the Information Technology Act, 2000, and the rules made there under, if you have any grievance with respect to the Website or the service, including any discrepancies and grievances with respect to processing of information, you can contact our Grievance Officer at:

Name:
Address:
Phone:
Email:

In the event you suffer as a result of access or usage of our Website by any person in violation of Rule 3 of the IG Rules, please address your grievance to the above person.

A copy of this Terms and Conditions may be obtained in an alternate format or language by emailing (support email for India Users)