Yellow Sapphire Technologies (referred to as “we”, us”, “Atutum”) is the author and publisher of the internet resource www.atutum.com and its sub domains including (together referred to as “Websites”) on the world wide web as well as other connected software and applications provided by Atutum, and together with Websites referred to as “Services”). Atutum provides the Services in partnership with its agents, affiliates, associates, representatives or other third parties (together referred to as “Partners”)
1. APPLICABILITY OF TERM
1.1 Atutum is an online marketplace where Users may meet or/and interact with Service Providers; including but not limited to hospitals, nursing homes, care facilities, health camps, doctors, etc, for their transactions. Service Providers shall regularly update their list of services that can be provided to patients through the Atutum. They may also provide the Hospital/Clinical Centre’s proprietor’s name, facilities pictures, videos, contact person’s details, best doctor profiles, location, sales details, product prices, etc to be viewed by the user on the Website. The Company hereby clarifies and the User agrees and understands that the Company is not a medical service provider of any description, and that it is only a Medical Services aggregator/Information Provider for prospective users and other potential customers looking to avail medical services of various kinds and will not be liable for any services or lack of them by the Medical Services booked by the User. It is hereby further clarified that the Company and Service Providers are separate and independent entities and the Company does not work as a representative or agent of the Service Provider. By making a reservation/booking at the listed Doctors/Hospitals/ or Doctor Care Centre the User enters into commercial/ contractual terms as offered by and agreed to between the service provider and the User alone.
1.2 Atutum shall not be responsible and shall not be required to mediate or resolve any dispute or disagreement between User and Service Provider. In no event, shall the atutum be made a party in disputes between User(s) and Service Provider(s).
1.3 This Agreement applies to all services made available by atutum on the Website. The Services may change from time to time, at the sole discretion of atutum, 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.
1.4 This Agreement defines the terms and conditions under which you are allowed to use the Website and describes how we shall treat your account while you are availing a service through us. If you have any questions about any part of the Agreement, feel free to contact us at [email protected].
1.5 By downloading or accessing the Website to use the Services, you irrevocably accept all the terms and conditions stipulated in this Agreement and agree to fully abide by them.
1.6 This Agreement supersedes all previous oral and written terms and conditions (if any) communicated to you. By availing any Service, you signify your agreement and acceptance to this Agreement.
1.7 We reserve the right to modify or terminate any portion of the Agreement for any reason and at any time.
1.8 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. Any additional terms and conditions, disclaimers, privacy policies and other policies applicable in general and/ or to specific areas of this Website or particular Service are also considered as part of the Agreement.
1.9 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.
1.10 Your access to the use of the Website and the Services will be solely at the discretion of atutum. 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 thereunder, 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 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 atutum 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.
Users shall not distribute, exchange, modify, sell or transmit anything you copy from the Website/Application, including but not limited to any text, images, audio, and video, for any business, commercial or public purpose.
3. END-USER ACCOUNT AND DATA PRIVACY
3.2 Atutum and its Partners may by the virtue of their services, collect information relating to the devices through which you access the Website, location from which you access and anonymous data of your usage. The collected information will be used only for improving the quality of the services and to build new services.
3.3. The Website and/or App may allow atutum and its Partners to have access to Users’ email or phone number, for communication and analytics.
- 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 atutum will disclose such information; and,
- Other information mandated by the SPI Rules.
- 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 various rights available to such Users in respect of such information.
3.6 Atutum and its Partners shall not be responsible in any manner for the authenticity or correctness of the personal information or sensitive personal data or information supplied by the User to atutum or any other person acting on behalf of atutum or its Partners.
3.7 If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or atutum has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, atutum has the right to discontinue the Services to the User at its sole discretion.
3.7 Atutum and its Partners may use such information collected from Users from time to time to debug customer support related issues.
3.9 The contents listed on the Website are either (i) User generated content, or (ii) belong to Atutum. The information that is collected by Atutum directly or indirectly from the End- Users and service providers shall belong to Atutum. Copying of the copyrighted content published by Atutum on the Website for any commercial purpose or for the purpose of earning profit will be a violation of copyright and Atutum reserves its rights under applicable law accordingly.
3.10 Atutum authorizes the User to view and access the content available on or from the Website solely for ordering, receiving, delivering and communicating only as per this Agreement. The contents of the Website, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the Website (collectively, “Atutum Content”), are the property of Atutum and are protected under copyright, trademark and other laws. Users shall not modify the Atutum Content or reproduce, display, publicly perform, distribute, or otherwise use the Atutum Content in any way for any public or commercial purpose or for personal gain.
3.11 Users shall not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
3.13 You are solely responsible for the content that you choose to submit for publication on the Website, including any feedback, ratings, or reviews (“Critical Content”) relating to service providers. The role of Atutum in publishing Critical Content is restricted to that of an ‘intermediary’ under the Information Technology Act, 2000. Atutum disclaims all responsibility with respect to the content of Critical Content, and its role with respect to such content is restricted to its obligations as an ‘intermediary’ under the said Act. Atutum shall not be liable to pay any consideration to any User for re-publishing any content across any of its platforms.
Your publication of reviews and feedback on the Website is governed by Clause 5 of these Terms. Without prejudice to any other terms, you hereby agree not to post or publish any content on the Website that (a) infringes any third-party intellectual property or publicity or privacy rights, or (b) violates any applicable law or regulation, including but not limited to the IG Rules and SPI Rules. Atutum, at its sole discretion, may choose not to publish your reviews and feedback, if so required by applicable law.
3.14 You agree that Atutum may contact you through telephone, email, SMS, or any other electronic means of communication for the purpose of:
- Obtaining feedback in relation to Website or Atutum’s services; and/or
- Obtaining feedback in relation to any service provider; and/or
- Resolving any complaints, information, or queries by service provider regarding your Critical Content;
and you agree to provide your fullest co-operation further to such communication by Atutum.
3.15 Atutum’s Feedback Collection and Fraud Detection Policy, is annexed as the Schedule hereto, and remains subject always to these Terms.
3.16 Atutum may provide End-Users with a free facility known as ‘Medical File’. Information available in your Medical File is of two types:
- User-created: Information uploaded by you or information generated during your interaction with Atutum ecosystem, eg: appointment, medicine order placed by you.
- Practice-created: Medical File generated by your interaction with a service provider.
3.16.2 Your Medical File is only created after you have signed up and explicitly accepted these Terms.
3.16.3 Any service provider created Medical File is provided on an as-is basis at the sole intent, risk and responsibility of the service provider and Atutum does not validate the said information and makes no representation in connection therewith. You should contact the relevant service provider in case you wish to point out any discrepancies or add, delete, or modify the Medical File in any manner.
3.16.4 The Medical Files are provided on an as-is basis. While we strive to maintain the highest levels of service availability, Atutum is not liable for any interruption that may be caused to your access of the Services.
3.16.5 The reminder provided by the Medical File is only a supplementary way of reminding you to perform your activities as prescribed by your Practitioner. In the event of any medicine reminders provided by Atutum, you should refer to your prescription before taking any medicines. Atutum is not liable if for any reason reminders are not delivered to you or are delivered late or delivered incorrectly, despite its best efforts.
3.16.6 It is your responsibility to keep your correct mobile number and email ID updated in the Medical File. The data will be sent to the Medical File associated with this mobile number and/or email ID. Every time you change any contact information (mobile or email), we will send a confirmation. Atutum is not responsible for any loss or inconvenience caused due to your failure in updating the contact details with Atutum.
3.16.7 Atutum uses industry–level security and encryption to your Medical File. However, Atutum does not guarantee to prevent unauthorized access if you lose your credentials or they are otherwise compromised. In the event you are aware of any unauthorized use or access, you shall immediately inform Atutum of such unauthorized use or access. Please safeguard your credentials and report any actual suspected breach of account to [email protected]
3.16.8 If you access your dependents’ Medical File by registering your dependents with your own Medical File, you are deemed to be responsible for the Medical File of your dependents and all obligations that your dependents would have had, had they maintained their own separate individual Medical File. You agree that it shall be your sole responsibility to obtain prior consent of your dependent and shall have the right to share, upload and publish any sensitive personal information of your dependent. Atutum assumes no responsibility for any claim, dispute or liability arising in this regard, and you shall indemnify Atutum and its officers against any such claim or liability arising out of unauthorized use of such information.
3.16.9 In case you want to delete your Medical File, you can do so by contacting our service support team. However only your account and any associated Medical File will be deleted, and your Medical File stored by your service provider will continue to be stored in their respective accounts.
3.16.10 You may lose your “User created” Medical File, if the data is not synced with the server.
If the Medical File is unassessed for a stipulated time, you may not be able to access it due to security reasons.
3.16.11 Atutum is not liable if for any reason, Medical File is not delivered to you or is delivered late despite its best efforts.
3.16.12 The Medical File is shared with the phone numbers that are provided by your service provider. Atutum is not responsible for adding the data with incorrect numbers if those incorrect numbers are provided by the service provider.
3.16.13 Atutum is not responsible or liable for any content, fact, health record, medical deduction or the language used in your Medical File whatsoever. Service provider is solely responsible and liable for your Medical File and any information provided to us including but not limited to the content in them.
3.16.14 Atutum has the ability in its sole discretion to retract Medical File without any prior notice if they are found to be shared incorrectly or inadvertently.
3.16.15 Atutum will follow the law of land in case of any constitutional court or jurisdiction mandates to share the Medical File for any reason.
3.16.16 You agree and acknowledge that Atutum may need to access the Medical File for cases such as any technical or operational issue of the End User in access or ownership of the data.
3.16.17 You acknowledge that the service provider you are visiting may engage Atutum’s software or third party software for the purposes of the functioning of their business and Atutum’s services including but not limited to the usage and for storage of Medical File in India and outside India, in accordance with the applicable laws.
3.16.18 To the extent that your Medical File have been shared with Atutum or stored on any of the Atutum products used by service provider you are visiting, and may in the past have visited, You hereby agree to the storage of your Medical File by Atutum pertaining to such previously visited clinics and hospitals who have tie ups with Atutum for the purposes of their business and for Atutum’s services including but not limited to the usage and for storage of Medical File in India and outside India, in accordance with the applicable laws and further agree, upon creation of your account with Atutum, to the mapping of such data as may be available in Atutum’s database to your User account.
4. LISTING CONTENT, THIRD PARTY LINKS AND DISSEMINATING INFORMATION
4.1 Atutum collects, directly or indirectly, and displays on the Website, relevant information regarding services offered on the Website. Atutum takes reasonable efforts to ensure that such information is updated at frequent intervals however Atutum cannot be held liable for any inaccuracies or incompleteness represented from it, despite such reasonable efforts.
4.2 The Services provided by Atutum or any of its licensors or Partners are provided on an ‘as is’ and “as available’ basis, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). Atutum and its partners do not provide or make any representation, warranty or guarantee, express or implied about the Website, the Services. Atutum and its Partners do not guarantee the accuracy or completeness of any content or information provided by Users on the Website. To the fullest extent permitted by law, Atutum and its Partners disclaim all liability arising out of the User’s use or reliance upon the Website, the Services, representations and warranties made by other Users, the content or information provided by the Users on the Website, or any opinion or suggestion given or expressed by Atutum or its Partners or any User in relation to any User or services provided by such User.
4.3 Atutum may at the Company’s sole discretion, contain links to sites owned and maintained by persons or entities other than Atutum. Atutum may also provide links to the other sites for the purpose of enabling the User to make payment to the Company. Any of the foregoing links do not constitute an endorsement by the Company of any such sites and are provided only as a convenience. Atutum is not responsible for the content or links displayed on such sites. Atutum is not responsible for the privacy practices of such sites we do not own, manage or control. Atutum does not regularly review and makes no warranty or representation regarding materials posted, or Services or services offered, on the sites to which this Website/ Application may be linked and Atutum shall not be responsible for any deficiency thereof. Atutum does not endorse any or all of the materials, Services, and services available on such linked sites, and the Company expressly disclaims responsibility for the contents of any linked site, the accuracy of any information contained in a linked site, and the quality of the services offered at any linked site. Any decision to view the contents of any linked site is solely the responsibility of User and is made at User’s own risk.
4.4 Atutum and its Partners assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect User’s equipment on account of User’s access to, use of, or browsing the Website or the downloading of any material, data, text, images, video content, or audio content from the Website. If a User is dissatisfied with the Website, the User’s sole remedy is to discontinue using the Website.
4.5 If Atutum determines through feedback or otherwise that you have provided fraudulent, inaccurate, incomplete or false information, atutum reserves the right to immediately suspend your access to the Website or any of your accounts with atutum and makes such declaration about suspension on the website alongside your name as determined by atutum for the protection of its business and in the interests of Users. You shall be liable to indemnify atutum and its Partners for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected atutum, its Partners or its Users.
4.6 While atutum will try to ensure a confirmed appointment with a medical service provider (like a doctor or diagnostic lab) for a User who requested an appointment on the Website, Atutum or its Partners do not guarantee that the User will get a confirmed appointment. Further, Atutum and its Partners have no liability if such an appointment is confirmed but later canceled, postponed or rescheduled by the hospital or medical service provider, or the medical service provider is not available as per the given appointment time.
4.8 You understand and agree that any interactions and associated issues with other Users including but not limited to your health issues and your experiences are strictly between you and the other Users. You shall not hold Atutum or its Partners responsible for any such interactions and associated issues and atutum will not be held responsible or liable for the same. For the avoidance of doubt, the Services are not to provide any healthcare or medical advice or diagnosis and hence Atutum and its Partners are not responsible for any medical or other outcomes between you and the medical service providers you interact with, according to any interactions on the Website. If you decide to engage with a medical service provider to provide medical services to you, you do so at your own risk. Atutum or its Partners shall not be responsible for any breach of service or service deficiency by any medical service provider you connect, engage with using the Website. We advise you to perform your investigation or get feedback before selecting any other service provider available on the Website.
4.9 Without prejudice to the generality of the above, Atutum or its Partners will not be liable for:
- any wrong medication or treatment quality being given by the doctor(s), the diagnostic service provider(s), pharmacy(s), or any medical negligence on part of the any of the above;
- any type of inconvenience suffered by the User due to a failure on the part of the medical service provider including doctor to make himself/herself available at the appointed time, no show by the doctor, inappropriate treatment, or similar difficulties;
- cancellation or rescheduling of booked appointment or any variance in the fees charged; any medical eventualities that might occur after using the services of a doctor, diagnostic lab services, pharmacy, whom the User has selected based on the information available on the Website or with whom the User has booked an appointment or performed a transaction through the Website.
4.10 Further, Atutum shall not be liable, under any event, for any comments or feedback given by any of the Users about the services provided by another User. All such feedback should be made by applicable law. The option of Users to give feedback remains at atutum’s sole discretion and may be modified or withdrawn at its sole discretion. Atutum may moderate such feedback at any time. atutum shall not be obliged to act in any manner to give effect to the content of Users’ feedback.
4.11 Please note some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, “Information”) that may be available on the Website (including information provided in direct response to your questions or postings) may be provided by individuals in the medical profession. The provision of such Information does not create a licensed medical professional/patient relationship, between atutum and you and does not constitute an opinion, medical advice, or diagnosis or treatment of any particular condition, but is only provided to assist you with locating appropriate medical care from a qualified practitioner.
4.12 It is hereby expressly clarified that the Information that you obtain or receive from atutum, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Website is for informational purposes only. In no event shall atutum be liable to you or anyone else for any decision made or action taken by you in reliance on such information.
4.13 The Services are not intended to be a substitute for getting in touch with emergency healthcare. If you are a User facing a medical emergency (either on your or another person’s behalf), please contact an ambulance service, hospital, doctor or appropriate medical professional directly.
5. CONTENT OWNERSHIP AND COPYRIGHT CONDITIONS OF ACCESS
5.1 The contents listed on the Website are:
- User generated content, or
- Belong to atutum and its Partners.
5.2 The information that is collected by atutum directly or indirectly from the Users shall belong to atutum and its Partners. Copying of the copyrighted content published by Atutum or its Partners on the website for any commercial purpose or to earn profit will be a violation of copyright and atutum and its Partners reserve their rights to take action under applicable law accordingly.
5.3 Atutum authorizes the User to view and access the content available on or from the Website solely for ordering, receiving, delivering, sharing, storing and communicating only as per this Agreement. The contents of the Website, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the Website (collectively, ‘atutum Content’), are the property of atutum or its Partners and are protected under copyright, trademark and other applicable laws. Users shall not modify the atutum Content or reproduce, display, publicly perform, distribute, or otherwise use the atutum Content in any way for any public or commercial purpose or personal gain.
5.4 Users shall not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
6. REVIEWS AND FEEDBACK
6.2 You are solely responsible for the content that you choose to submit for publication on the Website, including any feedback, ratings, or reviews (“Critical Content”). The role of atutum in publishing Critical Content is restricted to that of an ‘intermediary’ under the Information Technology Act, 2000. Atutum disclaims all responsibility concerning the content of Critical Content, and its role concerning such content is restricted to its obligations as an ‘intermediary’ under the said Act. Atutum shall not be liable to pay any consideration to any User for re-publishing any content across any of its or its Partners platforms.
6.3 Your publication of reviews and feedback on the Website is governed by “RIGHTS AND OBLIGATIONS RELATING TO CONTENT” clause stated hereinafter. Without prejudice to the detailed terms stated in said clause, you hereby agree not to post or publish any content on the Website that (a) infringes any third-party intellectual property or publicity or privacy rights, or (b) violates any applicable law or regulation, including but not limited to the IG Rules and SPI Rules. Atutum, at its sole discretion, may choose not to publish your reviews and feedback, if so required by applicable law, and by abovementioned clauses of these Terms. You agree that atutum may contact you through telephone, email, SMS, or any other electronic means of communication for:
- Obtaining feedback about Website, Atutum’s services; and/or
- Obtaining feedback about any medical service providers on the Website; and/or
- Resolving any complaints, information, or queries by medical service providers regarding your Critical Content;
and you agree to provide your fullest co-operation further to such communication by Atutum.
7. RIGHTS AND OBLIGATIONS RELATING TO CONTENT
7.1 As mandated by Regulation 3(2) of the IG Rules, Atutum 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;
- 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, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting any other nation.
7.2 Users are also prohibited from:
- violating or attempting to violate the integrity or security of the Website, any atutum Content;
- transmitting any information (including job posts, messages, and hyperlinks) on or through the Website that is disruptive or competitive or prejudicial to the provision of Services by atutum;
- intentionally submitting 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 atutum Content or other information available from the Website;
- framing or hotlinking or deep linking any atutum Content;
- circumventing or disabling any digital rights management, usage rules, or other security features of the Software.
7.3 Atutum or its Partners, 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) generated by Users, or of being notified by the appropriate Government or its agency that the Website is being used by the User to commit any unlawful act and/or is being used in violation of the above clauses, shall be entitled to remove or disable access to the material or information that is in contravention of the above clause.
7.4 Atutum is entitled to act, as required by the IG Rules, within thirty-six hours of obtaining such knowledge and, where applicable, work with Users to disable such information that is in contravention of applicable law. Atutum 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.
7.6 Atutum 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. Atutum will comply with any duly-issued government or court directions to disable access to the User-generated information, should it be found to be illegal by a competent governmental authority.
8. INTELLECTUAL PROPERTY RIGHTS
8.1 Atutum respects the intellectual property rights of others and we do not hold any responsibility for any violations of any intellectual property rights. The contents of the Website and App are protected by intellectual property laws of India including without limitation to trademark and copyright laws. Reproduction, retransmission, public and/or commercial use of any or all the material on the Website and App are prohibited. The logos, service marks and trademarks (‘IP Marks’) displayed on the Website are the property of atutum or its Partners or have been licensed to atutum or its Partners by the relevant owners for use. The User may use this material only as expressly authorized by atutum or its Partners and shall not copy, transmit or create derivative works of such material without express authorization from atutum or its Partners.
8.2 The User acknowledges and agrees that they shall not upload, post, reproduce or distribute any content on or through the Website that is protected by copyright or another proprietary right of a third party, without obtaining the permission of the owner of such right. Any copyrighted or other proprietary content distributed on or through the Website with the consent of the owner must contain the appropriate copyright or other proprietary rights notice. The unauthorized submission or distribution of copyrighted or other proprietary content is illegal and could subject the User to personal liability or criminal prosecution. Nothing on the Website should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any trademarks without written permission from Atutum.
9.1 Atutum reserves the right to suspend or terminate a User’s access to the Website and the Services with or without notice and to exercise any other remedy available under law, in cases where,
- Such User breaches any terms and conditions of the Agreement;
- A third party reports violation of any of its right as a result of your use of the Services;
- Atutum is unable to verify or authenticate any information provide to Atutum by a User;
- Atutum has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User; or
- Atutum believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for Atutum or are contrary to the interests of the Website.
9.2 Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Website under the same name, a different name or re-register under a new account. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages, files and other material kept on the Website by such User. The User shall ensure that he/she/it has continuous backup of any medical services the User has rendered in order to comply with the User’s record keeping process and practices.
10. DISCLAIMER OF WARRANTIES
10.1 All information available on the Website, (the “Information”) is provided on the condition that the User will make an independent determination in respect of its accuracy, completeness or usefulness suitability before use or making any decision for any loss or damage in reliance hereof. Atutum and its Partners will not be responsible for the same. Further Atutum and its Partners will not be responsible or liable in any manner for any data added, provided, stored or managed by the User including all personally identifiable information.
10.2 The Information does not constitute an invitation or recommendation to take medical services from atutum or its Partners nor is such Information a substitute for professional advice or solicitation in respect of medical services/ products or recommendations thereof. atutum urges the Users to seek the advice of professionals, as appropriate, regarding the evaluation of any specific opinion, advice, product, service, or other information.
10.3 All information on the Website is provided to you ‘as is’ without warranty of any kind either express or implied including, but not limited to implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy. In no event shall atutum or its Partners be liable for any special, direct, indirect or consequential damages or any damages whatsoever resulting from loss, whether in an action of contract, negligence or other tortuous action, arising out of or in connection with the use or performance of information. All information available on a hyper-link site and any third party are subject to the terms and conditions of the legal notices contained therein.
11. LIMITATION OF LIABILITY
11.1 The information available on the Website could include inaccuracies or typographic errors. Atutum has endeavored to ensure that all the information on the Website is correct, but Atutum neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data or information contained. Atutum makes no warranty, express or implied, concerning the website and/or its contents and disclaims all warranties of fitness for a particular purpose and warranties of merchantability in respect of Services, including any liability, responsibility or any other claim, whatsoever, in respect of any loss, whether direct or consequential, to any user or any other person, arising out of or from the use of the information contained in the website.
11.2 In no event shall atutum or its Partners be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from: (a) the use or the inability to use the Services; (b) unauthorized access to or alteration of the User’s transmissions or data; (c) any other matter relating to the services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the website. Neither shall the Company be responsible for the delay or inability to use the Website, Services or any related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Website, or otherwise arising out of the use of the Website, whether based on contract, tort, negligence, strict liability or otherwise. Further, Atutum shall not be held responsible for non-availability or access to the Website during periodic maintenance operations or any unplanned suspension of access to the Website that may occur due to technical reasons or for any reason beyond atutum control. The user understands and agrees that any material and/or data downloaded or otherwise obtained through the website is done entirely at his/her discretion and risk and the User himself/herself will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data. These limitations, disclaimer of warranties and exclusions apply without regard to whether the damages arise from (a) breach of contract, (b) breach of warranty, (c) negligence, or (d) any other cause of action, to the extent such exclusion and limitations are not prohibited by applicable law. atutum shall not be liable to the User for the above damages for more than an amount of INR 1.
12.1 User agrees to indemnify and hold harmless Atutum, its affiliates, officers, directors, employees, consultants, licensors, agents, representatives and Partners from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from User’s access to or use of Service, violation of this Agreement, or infringement, or infringement by any other User of his/her/its account, of any intellectual property or other right of any person or entity. Atutum will notify you promptly of any such claim, loss, liability, or demand, and in addition to your foregoing obligations, you agree to provide us with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
13. RETENTION AND REMOVAL
13.1 Atutum 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.
14. APPLICABLE LAW AND DISPUTE SETTLEMENT
14.1 You agree that this Agreement and any contractual obligation between the Atutum and User will be governed by the laws of India.
14.2 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 Atutum. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be New Delhi, India. 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.
14.3 Subject to the above Paragraph above, the courts at Delhi shall have exclusive jurisdiction over any disputes arising out of or about this Agreement, your use of the Website or the Services or the information to which it gives access.
15. CONTACT INFORMATION GRIEVANCE OFFICER
15.1 If a User has any questions concerning the Company, the Website, this Agreement, the Services, or anything related to any of the foregoing, please write to us at [email protected].
15.2 By the Information Technology Act, 2000, and the rules made thereunder, if you have any grievance concerning the Website or the Service, including any discrepancies and grievances concerning the processing of information, you can contact our Grievance Officer at:
The Grievance Officer – Atutum,
Yellow Sapphire Technologies
61, Shivpuri, New Delhi – 110051, India
Email: [email protected]
15.3 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.
16.1 If any provision of the Agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from this Agreement and the remainder of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event, the Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.
17.1 No provision of this Agreement shall be deemed to be waived and no breach excused unless such waiver or consent shall be in writing and signed by atutum. Any consent by Atutum to, or a waiver by Atutum of any breach by you, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.