Terms and Condition

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Terms and Condition

Medinfocom Technologies / VIP Lab Online Appointment Booking Technologies (“Medinfocom Technologies / VIP Lab Online Appointment Booking”) is the author and publisher of the internet resource www.viplab.in and the mobile application VIP Lab Online Appointment Booking (together, “Website”). Medinfocom Technologies / VIP Lab Online Appointment Booking owns and operates the services provided through the Website.

1. NATURE AND APPLICABILITY OF TERMS

Please carefully go through these terms and conditions (“Terms”) and the privacy policy available at http://www.viplab.in/privacy (“Privacy Policy”) before you decide to access the Website or avail the services made available on the Website by Medinfocom Technologies / VIP Lab Online Appointment Booking. These Terms and the Privacy Policy together constitute a legal agreement (“Agreement”) between you and Medinfocom Technologies / VIP Lab Online Appointment Booking in connection with your visit to the Website and your use of the Services (as defined below).
The Agreement applies to you whether you are -

A medical practitioner or health care provider (whether an individual professional or an organization) or similar institution wishing to be listed, or already listed, on the Website, including designated, authorized associates of such practitioners or institutions(“Practitioner(s)”, “you” or “User”); or
A patient, his/her representatives or affiliates, searching for Practitioners through the Website (“End-User”, “you” or “User”); or
Otherwise a user of the Website (“you” or “User”).
This Agreement applies to those services made available by Medinfocom Technologies / VIP Lab Online Appointment Booking on the Website/mobile applications (“Services”), including the following:
For Practitioners: Listing of Practitioners and their profiles and contact details, to be made available to the other Users and visitors to the Website;
For other Users: Facility to
(i) create and maintain ‘Health Accounts’,
(ii) search for Practitioners by name, specialty, and geographical area, or any other criteria that may be developed and made available by Medinfocom Technologies / VIP Lab Online Appointment Booking, and
iii) to make appointments with Health Care Institutes / Practitioners.

The Services may change from time to time, at the sole discretion of Medinfocom Technologies / VIP Lab Online Appointment Booking, 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 drmdave@gmail.com.

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 / mobile app, 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 displayed here. 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 Medinfocom Technologies / VIP Lab Online Appointment Booking.

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 Medinfocom Technologies / VIP Lab Online Appointment Booking 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. TERMS OF USE APPLICABLE TO ALL USERS OTHER THAN PRACTITIONERS

The terms in this Clause 3 are applicable only to Users other than Practitioners.
3.1 END-USER ACCOUNT AND DATA PRIVACY
3.1.1 The terms “personal information” and “sensitive personal data or information” are defined under the SPI Rules, and are reproduced in the Privacy Policy.
3.1.2 Medinfocom Technologies / VIP Lab Online Appointment Booking 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 Medinfocom Technologies / VIP Lab Online Appointment Booking’s services and to build new services.
3.1.3 The Website allows Medinfocom Technologies / VIP Lab Online Appointment Booking 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.
3.1.4 The Privacy Policy sets out, inter-alia:
i. The type of information collected from Users, including sensitive personal data or information;
ii. The purpose, means and modes of usage of such information;
iii. How and to whom Medinfocom Technologies / VIP Lab Online Appointment Booking will disclose such information; and,
iv. Other information mandated by the SPI Rules.
3.1.5 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:
i. the fact that certain information is being collected;
ii. the purpose for which the information is being collected;
iii. the intended recipients of the information;
iv. the nature of collection and retention of the information; and
v. the name and address of the agency that is collecting the information and the agency that will retain the information; and
vi. the various rights available to such Users in respect of such information.

3.1.6 Medinfocom Technologies / VIP Lab Online Appointment Booking 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 Medinfocom Technologies / VIP Lab Online Appointment Booking or to any other person acting on behalf of Medinfocom Technologies / VIP Lab Online Appointment Booking.

3.1.7 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 Medinfocom Technologies / VIP Lab Online Appointment Booking of any actual or suspected unauthorized use of the User’s account or password. Although Medinfocom Technologies / VIP Lab Online Appointment Booking will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Medinfocom Technologies / VIP Lab Online Appointment Booking or such other parties as the case may be, due to any unauthorized use of your account.

3.1.8 If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Medinfocom Technologies / VIP Lab Online Appointment Booking has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Medinfocom Technologies / VIP Lab Online Appointment Booking has the right to discontinue the Services to the User at its sole discretion.

3.1.9 Medinfocom Technologies / VIP Lab Online Appointment Booking may use such information collected from the Users from time to time for the purposes of debugging customer support related issues.

3.1.10 Against every Practitioner listed in Medinfocom Technologies / VIP Lab Online Appointment Booking.com, you may see a ‘show number’ option. When you choose this option, you choose to call the number through a free telephony service provided by Medinfocom Technologies / VIP Lab Online Appointment Booking, and the records of such calls are recorded and stored in Medinfocom Technologies / VIP Lab Online Appointment Booking’s servers. Such records are dealt with only in accordance with the terms of the Privacy Policy. Such call facility provided to you by Medinfocom Technologies / VIP Lab Online Appointment Booking should be used only for appointment and booking purposes, and not for consultation on health-related issues. Medinfocom Technologies / VIP Lab Online Appointment Booking accepts no liability if the call facility is not used in accordance with the foregoing.

3.1.11 Medinfocom Technologies / VIP Lab Online Appointment Booking may provide End-Users with a free facility known as ‘Health Account’ on the Website and its mobile application ‘Medinfocom Technologies / VIP Lab Online Appointment Booking’. The specific terms relating to such account are as below, without prejudice to the rest of these Terms and the Privacy Policy:
i. Your Health Account is only created after you have signed up and explicitly accepted these Terms.
ii. Information available in your Health Account is of two types:
a. Patient-created: Information generated and uploaded by you.
b. Practice-created: Information generated by your interaction with a Practitioner who uses ‘Medinfocom Technologies / VIP Lab Online Appointment Booking Ray’ or other Services of software.
iii. Any Practice created information is provided on an as-is basis and Medinfocom Technologies / VIP Lab Online Appointment Booking does not validate the said information and makes no representation in connection therewith. You should contact the relevant Practitioner in case you wish to point out any discrepancies or add, delete, or modify the information in any manner.
iv. The Health Account is provided on a best-efforts as-is basis. While we strive to maintain the highest levels of service availability, Medinfocom Technologies / VIP Lab Online Appointment Booking is not liable for any interruption that may be caused to your access of the Services.
v. It is your responsibility to keep your correct mobile number and email ID updated in the Health Account. The records will be sent to the account associated with this mobile number and/or email ID. Every time you change any contact information (mobile or email), we will send a confirmation. Medinfocom Technologies / VIP Lab Online Appointment Booking is not responsible for any loss or inconvenience caused due to your not updating your contact details for the Health Account.
vi. Medinfocom Technologies / VIP Lab Online Appointment Booking uses industry–level security and encryption to your Health Account. However, Medinfocom Technologies / VIP Lab Online Appointment Booking cannot guarantee prevent unauthorized access if you lose your login credentials or they are otherwise compromised. Please safeguard your login credentials and report any actual suspected breach of account to drmdave@gmail.com.
vii. If you access your dependents’ record through your Health Account by registering your dependents with your own Health Account, you are deemed to be responsible for the records of your dependents and all obligations that your dependents would have had had they maintained their own separate individual Health Accounts.

3.2 RANKING ALGORITHM

Medinfocom Technologies / VIP Lab Online Appointment Booking’s ranking algorithm for the Practitioners is a fully automated system that lists the Practitioners, their profile and information regarding their Practice on its Website. These listings of Practitioners do not represent any fixed objective ranking or endorsement by Medinfocom Technologies / VIP Lab Online Appointment Booking. Medinfocom Technologies / VIP Lab Online Appointment Booking will not be liable for any change in the ranking of the Practitioners, which may take place from time to time. The listing of Practitioners will be based on automated computation of the various factors including inputs made by the Users including their comments and feedback. Such factors may change from time to time, in order to improve the listing algorithm. Medinfocom Technologies / VIP Lab Online Appointment Booking in no event will be held responsible for the accuracy and the relevancy of the listing order of the Practitioners on the Website.

3.3 LISTING CONTENT AND DISSEMINATING INFORMATION

3.3.1 Medinfocom Technologies / VIP Lab Online Appointment Booking collects, directly or indirectly, and displays on the Website, relevant information regarding the profile and practice of the Practitioners listed on the Website, such as their specialization, qualification, fees, location, visiting hours, and similar details. Medinfocom Technologies / VIP Lab Online Appointment Booking takes reasonable efforts to ensure that such information is updated at frequent intervals. Although Medinfocom Technologies / VIP Lab Online Appointment Booking screens and vets the information and photos submitted by the Practitioners, it cannot be held liable for any inaccuracies or incompleteness represented from it, despite such reasonable efforts.

3.3.2 The Services provided by Medinfocom Technologies / VIP Lab Online Appointment Booking or any of its licensors or service providers 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). Medinfocom Technologies / VIP Lab Online Appointment Booking does not provide or make any representation, warranty or guarantee, express or implied about the Website or the Services. Medinfocom Technologies / VIP Lab Online Appointment Booking does not guarantee the accuracy or completeness of any content or information provided by Users on the Website. To the fullest extent permitted by law, Medinfocom Technologies / VIP Lab Online Appointment Booking disclaims 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 Medinfocom Technologies / VIP Lab Online Appointment Booking or any User in relation to any User or services provided by such User.

3.3.3 The Website may be linked to the website of third parties, affiliates and business partners. Medinfocom Technologies / VIP Lab Online Appointment Booking has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through our Website. Inclusion of any link on the Website does not imply that Medinfocom Technologies / VIP Lab Online Appointment Booking endorses the linked site. User may use the links and these services at User’s own risk.

3.3.4 Medinfocom Technologies / VIP Lab Online Appointment Booking assumes 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, User’s sole remedy is to discontinue using the Website.

3.3.5 If Medinfocom Technologies / VIP Lab Online Appointment Booking determines that you have provided fraudulent, inaccurate, or incomplete information, including through feedback, Medinfocom Technologies / VIP Lab Online Appointment Booking reserves the right to immediately suspend your access to the Website or any of your accounts with Medinfocom Technologies / VIP Lab Online Appointment Booking and makes such declaration on the website alongside your name/your clinic’s name as determined by Medinfocom Technologies / VIP Lab Online Appointment Booking for the protection of its business and in the interests of Users. You shall be liable to indemnify Medinfocom Technologies / VIP Lab Online Appointment Booking for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected Medinfocom Technologies / VIP Lab Online Appointment Booking or its Users.

3.4 APPOINTMENT BOOKING AND INTERACTION WITH PRACTITIONERS

3.4.1 While Medinfocom Technologies / VIP Lab Online Appointment Booking will try to ensure a confirmed appointment for an End-User who requested an appointment on Website / mobile app, Medinfocom Technologies / VIP Lab Online Appointment Booking does not guarantee that a patient will get a confirmed appointment. Further, Medinfocom Technologies / VIP Lab Online Appointment Booking has no liability if such appointment is confirmed but later cancelled by Practices or Practitioners, or the Practitioners are not available as per the given appointment time.

3.4.2 Medinfocom Technologies / VIP Lab Online Appointment Booking provides value added telephonic services which connects Users directly to the Practitioners and the information exchanged between the User and the Practitioners is stored and used in accordance with the Privacy Policy. However, it is at the discretion of the User, to avail the Service. If a User has used the telephony service, Medinfocom Technologies / VIP Lab Online Appointment Booking reserves the right to share the contact details of the User with the Practitioners contacted.

3.4.3 You understand and agree that any interactions and associated issues with other Users including but not limited to your health issues and your experiences is strictly between you and the other Users. You shall not hold Medinfocom Technologies / VIP Lab Online Appointment Booking responsible for any such interactions and associated issues. For avoidance of doubt, Medinfocom Technologies / VIP Lab Online Appointment Booking is not involved in providing any healthcare or medical advice or diagnosis and hence is not responsible for any outcome between you and the Practitioner you interact with, pursuant to any interactions on the Website. If you decide to engage with a Practitioner to provide medical services to you, you do so at your own risk. The results of any search you perform on the Website for Practitioners should not be construed as an endorsement by Medinfocom Technologies / VIP Lab Online Appointment Booking of any such particular Practitioner. Medinfocom Technologies / VIP Lab Online Appointment Booking shall not be responsible for any breach of service or service deficiency by any Practitioner. We cannot assure nor guarantee the ability or intent of the Practitioner(s) to fulfill their obligations towards you. We advise you to perform your own investigation prior to selecting a Practitioner.

3.4.4 Payment and Cancellation Policy
In the event, the doctor with whom the appointment has been booked is not available in the Clinic/Hospital, the patient has to (a) cancel the current appointment or (b) consult another doctor with clinic's/hospital's consent. Cancellation of the appointment by the patient should be done one (1) hour prior to the time blocked for appointment. In such an event, the entire amount will be refunded to the patient within 5-6 business days from the date of cancellation in accordance with the mode of refund proposed by the patient. In case a booking confirmation e-mail gets delayed due to technical reasons or as a result of incorrect e-mail ID provided by the user etc, an appointment would be considered as 'booked'. If the patient does not show up at the time of Appointment, Medinfocom Technologies / VIP Lab Online Appointment Booking will refund the entire amount after approval from Clinic/Hospital with in 5-6 business days in accordance with the payment methods provided by the patient.

Medinfocom Technologies / VIP Lab Online Appointment Booking shall not be liable for any refunds to the customer in the event the customer's booked slot/ time for an appointment has been delayed.
Any grievances and claims related to the appointment/ refund should be reported to Medinfocom Technologies / VIP Lab Online Appointment Booking support team at drmdave@gmail.com within two (2) days of appointment date with the doctor.

3.4.5 Without prejudice to the generality of the above, Medinfocom Technologies / VIP Lab Online Appointment Booking will not be liable for:
i. any wrong medication or treatment quality being given by the Practitioner(s), or any medical negligence on part of the Practitioner(s);
ii. any type of inconvenience suffered by the User due to a failure on the part of the Practitioner to provide agreed services or to make himself/herself available at the appointed time, no show by the Practitioner, inappropriate treatment, or similar difficulties;
iii. any misconduct or inappropriate behavior by the Practitioner or the Practitioner’s staff;
iv. cancellation or rescheduling of booked appointment or any variance in the fees charged;
v. any medical eventualities that might occur subsequent to using the services of a Practitioner, whom the User has selected on the basis of the information available on the Website or with whom the User has booked an appointment through the Website.
3.4.6 Further, Medinfocom Technologies / VIP Lab Online Appointment Booking shall not be liable, under any event, for any comments or feedback given by any of the Users in relation to the services provided by another User. All such feedback should be made in accordance with applicable law. The option of Users to give feedback remains at Medinfocom Technologies / VIP Lab Online Appointment Booking’s sole discretion and may be modified or withdrawn at its sole discretion. Medinfocom Technologies / VIP Lab Online Appointment Booking may moderate such feedback at any time. Medinfocom Technologies / VIP Lab Online Appointment Booking shall not be obliged to act in any manner to give effect to the content of Users’ feedback, such as suggestions for delisting of a particular Practitioner from the Website.

3.5 NO DOCTOR-PATIENT RELATIONSHIP; NOT FOR EMERGENCY USE

3.5.1 Please note that 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 Medinfocom Technologies / VIP Lab Online Appointment Booking 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.

3.5.2 It is hereby expressly clarified that, the Information that you obtain or receive from Medinfocom Technologies / VIP Lab Online Appointment Booking, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Website is for informational purposes only. We make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, quality of work, expertise or other information provided on the Website. In no event shall we be liable to you or anyone else for any decision made or action taken by you in reliance on such information.

3.5.3 The Services are not intended to be a substitute for getting in touch with emergency healthcare. If you are an End-User facing a medical emergency (either on your or a another person’s behalf), please contact an ambulance service or hospital directly.

3.8 CONTENT OWNERSHIP AND COPYRIGHT CONDITIONS OF ACCESS

3.8.1 The contents listed on the Website are (i) User generated content, or (ii) belong to Medinfocom Technologies / VIP Lab Online Appointment Booking. The information that is collected by Medinfocom Technologies / VIP Lab Online Appointment Booking directly or indirectly from the End- Users and the Practitioners shall belong to Medinfocom Technologies / VIP Lab Online Appointment Booking. Copying of the copyrighted content published by Medinfocom Technologies / VIP Lab Online Appointment Booking on the Website for any commercial purpose or for the purpose of earning profit will be a violation of copyright and Medinfocom Technologies / VIP Lab Online Appointment Booking reserves its rights under applicable law accordingly.

3.8.2 Medinfocom Technologies / VIP Lab Online Appointment Booking 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, "Medinfocom Technologies / VIP Lab Online Appointment Booking Content"), are the property of Medinfocom Technologies / VIP Lab Online Appointment Booking and are protected under copyright, trademark and other laws. User shall not modify the Medinfocom Technologies / VIP Lab Online Appointment Booking Content or reproduce, display, publicly perform, distribute, or otherwise use the Medinfocom Technologies / VIP Lab Online Appointment Booking Content in any way for any public or commercial purpose or for personal gain.

3.8.3 User shall not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.

3.9 REVIEWS AND FEEDBACK

By using this Website, you agree that any information shared by you with Medinfocom Technologies / VIP Lab Online Appointment Booking or with any Practitioner will be subject to our Privacy Policy.

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 Practitioners or other healthcare professionals. The role of Medinfocom Technologies / VIP Lab Online Appointment Booking in publishing Critical Content is restricted to that of an ‘intermediary’ under the Information Technology Act, 2000. Medinfocom Technologies / VIP Lab Online Appointment Booking 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. Medinfocom Technologies / VIP Lab Online Appointment Booking 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 the detailed terms stated in Clause 5, 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. Medinfocom Technologies / VIP Lab Online Appointment Booking, at its sole discretion, may choose not to publish your reviews and feedback, if so required by applicable law, and in accordance with Clause 5 of these Terms. You agree that Medinfocom Technologies / VIP Lab Online Appointment Booking 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 Medinfocom Technologies / VIP Lab Online Appointment Booking’s services; and/or
i. Obtaining feedback in relation to any Practitioners listed on the Website; and/or
ii. Resolving any complaints, information, or queries by Practitioners regarding your Critical Content;
and you agree to provide your fullest co-operation further to such communication by Medinfocom Technologies / VIP Lab Online Appointment Booking. Medinfocom Technologies / VIP Lab Online Appointment Booking’s Feedback Collection and Fraud Detection Policy, is annexed as the Schedule hereto, and remains subject always to these Terms.

4. TERMS OF USE PRACTITIONERS

The terms in this Clause 4 are applicable only to Practitioners.
o4.1 LISTING POLICY
§ 4.1.1 Medinfocom Technologies / VIP Lab Online Appointment Booking, directly and indirectly, collects information regarding the Practitioners’ profiles, contact details, and practice. Medinfocom Technologies / VIP Lab Online Appointment Booking reserves the right to take down any Practitioner’s profile as well as the right to display the profile of the Practitioners, with or without notice to the concerned Practitioner. This information is collected for the purpose of facilitating interaction with the End-Users and other Users. If any information displayed on the Website in connection with you and your profile is found to be incorrect, you are required to inform Medinfocom Technologies / VIP Lab Online Appointment Booking immediately to enable Medinfocom Technologies / VIP Lab Online Appointment Booking to make the necessary amendments.
§ 4.1.2 Medinfocom Technologies / VIP Lab Online Appointment Booking shall not be liable and responsible for the ranking of the Practitioners on external websites and search engines
§ 4.1.3 Medinfocom Technologies / VIP Lab Online Appointment Booking shall not be responsible or liable in any manner to the Users for any losses, damage, injuries or expenses incurred by the Users as a result of any disclosures or publications made by Medinfocom Technologies / VIP Lab Online Appointment Booking, where the User has expressly or implicitly consented to the making of disclosures or publications by Medinfocom Technologies / VIP Lab Online Appointment Booking. If the User had revoked such consent under the terms of the Privacy Policy, then Medinfocom Technologies / VIP Lab Online Appointment Booking shall not be responsible or liable in any manner to the User for any losses, damage, injuries or expenses incurred by the User as a result of any disclosures made by Medinfocom Technologies / VIP Lab Online Appointment Booking prior to its actual receipt of such revocation.
§ 4.1.4 Medinfocom Technologies / VIP Lab Online Appointment Booking reserves the right to moderate the suggestions made by the Practitioners through feedback and the right to remove any abusive or inappropriate or promotional content added on the Website. However, Medinfocom Technologies / VIP Lab Online Appointment Booking shall not be liable if any inactive, inaccurate, fraudulent, or non- existent profiles of Practitioners are added to the Website.
§ 4.1.5 Practitioners explicitly agree that Medinfocom Technologies / VIP Lab Online Appointment Booking reserves the right to publish the Content provided by Practitioners to a third party including content platforms.
§ 4.1.6 When you are listed on Medinfocom Technologies / VIP Lab Online Appointment Booking.com, End-Users may see a ‘show number’ option. When End-Users choose this option, they choose to call your number through a free telephony service provided by Medinfocom Technologies / VIP Lab Online Appointment Booking, and the records of such calls are recorded and stored in Medinfocom Technologies / VIP Lab Online Appointment Booking’s servers. Such records are dealt with only in accordance with the terms of the Privacy Policy. Such call facility provided to End-Users and to you by Medinfocom Technologies / VIP Lab Online Appointment Booking should be used only for appointment and booking purposes, and not for consultation on health-related issues. Medinfocom Technologies / VIP Lab Online Appointment Booking accepts no liability if the call facility is not used in accordance with the foregoing.
§ 4.1.7 You as a Practitioner hereby represent and warrant that you will use the 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 Medinfocom Technologies / VIP Lab Online Appointment Booking accepts no liability for the same.
o4.2 PROFILE OWNERSHIP AND EDITING RIGHTS
Medinfocom Technologies / VIP Lab Online Appointment Booking ensures easy access to the Practitioners by providing a tool to update your profile information. Medinfocom Technologies / VIP Lab Online Appointment Booking reserves the right of ownership of all the Practitioner’s profile and photographs and to moderate the changes or updates requested by Practitioners. However, Medinfocom Technologies / VIP Lab Online Appointment Booking takes the independent decision whether to publish or reject the requests submitted for the respective changes or updates. You hereby represent and warrant that you are fully entitled under law to upload all content uploaded by you as part of your profile or otherwise while using Medinfocom Technologies / VIP Lab Online Appointment Booking’s services, and that no such content breaches any third party rights, including intellectual property rights. Upon becoming aware of a breach of the foregoing representation, Medinfocom Technologies / VIP Lab Online Appointment Booking may modify or delete parts of your profile information at its sole discretion with or without notice to you.
o4.3 REVIEWS AND FEEDBACK DISPLAY RIGHTS OF MEDINFOCOM TECHNOLOGIES / VIP LAB ONLINE APPOINTMENT BOOKING
§ 4.3.1 All Critical Content is content created by the Users of www.viplab.in (“Website”) and the clients of Medinfocom Technologies / VIP Lab Online Appointment Booking customers and Practitioners, including the End-Users. As a platform, Medinfocom Technologies / VIP Lab Online Appointment Booking does not take responsibility for Critical Content and its role with respect to Critical Content is restricted to that of an ‘intermediary’ under the Information Technology Act, 2000. The role of Medinfocom Technologies / VIP Lab Online Appointment Booking and other legal rights and obligations relating to the Critical Content are further detailed in Clauses 3.9 and 5 of these Terms. Medinfocom Technologies / VIP Lab Online Appointment Booking’s Feedback Collection and Fraud Detection Policy, is annexed as the Schedule hereto, and remains subject always to these Terms.
§ 4.3.2 Medinfocom Technologies / VIP Lab Online Appointment Booking reserves the right to collect feedback and Critical Content for all the Practitioners, Clinics and Healthcare Providers listed on the Website.
§ 4.3.3 Medinfocom Technologies / VIP Lab Online Appointment Booking shall have no obligation to pre-screen, review, flag, filter, modify, refuse or remove any or all Critical Content from any Service, except as required by applicable law.
§ 4.3.4 You understand that by using the Services you may be exposed to Critical Content or other content that you may find offensive or objectionable. Medinfocom Technologies / VIP Lab Online Appointment Booking shall not be liable for any effect on Practitioner’s business due to Critical Content of a negative nature. In these respects, you may use the Service at your own risk. Medinfocom Technologies / VIP Lab Online Appointment Booking however, as an ‘intermediary, takes steps as required to comply with applicable law as regards the publication of Critical Content. The legal rights and obligations with respect to Critical Content and any other information sought to be published by Users are further detailed in Clauses 3.9 and 5 of these Terms.
§ 4.3.5 Medinfocom Technologies / VIP Lab Online Appointment Booking will take down information under standards consistent with applicable law, and shall in no circumstances be liable or responsible for Critical Content, which has been created by the Users. The principles set out in relation to third party content in the terms of Service for the Website shall be applicable mutatis mutandis in relation to Critical Content posted on the Website.
§ 4.3.6 If Medinfocom Technologies / VIP Lab Online Appointment Booking determines that you have provided inaccurate information or enabled fraudulent feedback, Medinfocom Technologies / VIP Lab Online Appointment Booking reserves the right to immediately suspend any of your accounts with Medinfocom Technologies / VIP Lab Online Appointment Booking and makes such declaration on the website alongside your name/your clinics name as determined by Medinfocom Technologies / VIP Lab Online Appointment Booking for the protection of its business and in the interests of Users.
o4.4 RANKING ALGORITHM
Medinfocom Technologies / VIP Lab Online Appointment Booking has designed the ranking algorithm in the best interest of the End-User and may adjust the ranking from time to time to improve the quality of the results given to the patients. It is a pure merit driven, proprietary ranking algorithm which cannot be altered for specific Practitioners. Medinfocom Technologies / VIP Lab Online Appointment Booking shall not be liable for any effect on the Practitioner’s business interests due to the rank of the doctor in the Ranking Algorithm.
o4.5 INDEPENDENT SERVICES
Your use of each Service confers upon you only the rights and obligations relating to such Service, and not to any other service that may be provided by Medinfocom Technologies / VIP Lab Online Appointment Booking.
o4.6 MEDINFOCOM TECHNOLOGIES / VIP LAB ONLINE APPOINTMENT BOOKING REACH RIGHTS
Medinfocom Technologies / VIP Lab Online Appointment Booking reserves the rights to display sponsored ads on the Website. These ads would be marked as “Sponsored Listings”. Without prejudice to the status of other content, Medinfocom Technologies / VIP Lab Online Appointment Booking will not be liable for the accuracy of information or the claims made in the Sponsored Listings. Medinfocom Technologies / VIP Lab Online Appointment Booking does not encourage the Users to visit the Sponsored Listings page or to avail any services from them. Medinfocom Technologies / VIP Lab Online Appointment Booking will not be liable for the services of the providers of the Sponsored Listings.
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 Medinfocom Technologies / VIP Lab Online Appointment Booking accepts no liability for the same.
· 5.RIGHTS AND OBLIGATIONS RELATING TO CONTENT
o5.1 As mandated by Regulation 3(2) of the IG Rules, Medinfocom Technologies / VIP Lab Online Appointment Booking hereby informs Users that they are not permitted to host, display, upload, modify, publish, transmit, update or share any information that:
i. belongs to another person and to which the User does not have any right to;
ii. 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;
iii. harm minors in any way;
iv. infringes any patent, trademark, copyright or other proprietary rights;
v. violates any law for the time being in force;
vi. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
vii. impersonate another person;
viii. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
ix. 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 offence or prevents investigation of any offence or is insulting any other nation.
o5.2 Users are also prohibited from:
. violating or attempting to violate the integrity or security of the Website or any Medinfocom Technologies / VIP Lab Online Appointment Booking Content;
i. 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 Medinfocom Technologies / VIP Lab Online Appointment Booking;
ii. intentionally submitting on the Website any incomplete, false or inaccurate information;
iii. making any unsolicited communications to other Users;
iv. 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;
v. attempting to decipher, decompile, disassemble or reverse engineer any part of the Website;
vi. copying or duplicating in any manner any of the Medinfocom Technologies / VIP Lab Online Appointment Booking Content or other information available from the Website;
vii. framing or hot linking or deep linking any Medinfocom Technologies / VIP Lab Online Appointment Booking Content.
viii. circumventing or disabling any digital rights management, usage rules, or other security features of the Software.
o5.3 Medinfocom Technologies / VIP Lab Online Appointment Booking, 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 5.1 and 5.2. Medinfocom Technologies / VIP Lab Online Appointment Booking 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.
o5.4 In case of non-compliance with any applicable laws, rules or regulations, or the Agreement (including the Privacy Policy) by a User, Medinfocom Technologies / VIP Lab Online Appointment Booking 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.
o5.5 Medinfocom Technologies / VIP Lab Online Appointment Booking 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 Medinfocom Technologies / VIP Lab Online Appointment Booking 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 Medinfocom Technologies / VIP Lab Online Appointment Booking as provided for under the SPI Rules, only if such transfer is necessary for the performance of the lawful contract between Medinfocom Technologies / VIP Lab Online Appointment Booking or any person on its behalf and the User or where the User has consented to data transfer.
o Medinfocom Technologies / VIP Lab Online Appointment Booking respects the intellectual property rights of others and we do not hold any responsibility for any violations of any intellectual property rights
· 6. TERMINATION
o6.1 Medinfocom Technologies / VIP Lab Online Appointment Booking 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;
i. A third party reports violation of any of its right as a result of your use of the Services;
ii. Medinfocom Technologies / VIP Lab Online Appointment Booking is unable to verify or authenticate any information provide to Medinfocom Technologies / VIP Lab Online Appointment Booking by a User;
iii. Medinfocom Technologies / VIP Lab Online Appointment Booking has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User; or
iv. Medinfocom Technologies / VIP Lab Online Appointment Booking believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for Medinfocom Technologies / VIP Lab Online Appointment Booking or are contrary to the interests of the Website.
o6.2 Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Website under the same account, a different account 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.
· 7. LIMITATION OF LIABILITY
In no event, including but not limited to negligence, shall Medinfocom Technologies / VIP Lab Online Appointment Booking, or any of its directors, officers, employees, agents or content or service providers (collectively, the “Protected Entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Website/mobile app or the content, materials and functions related thereto, the Services, User’s provision of information via the Website, lost business or lost End-Users, even if such Protected Entity has been advised of the possibility of such damages. In no event shall the Protected Entities be liable for:
. provision of or failure to provide all or any service by Practitioners to End- Users contacted or managed through the Website;
i. any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Website;
ii. any unauthorized access to or alteration of your transmissions or data; or
iii. any other matter relating to the Website or the Service.
In no event shall the total aggregate liability of the Protected Entities to a User for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from this Agreement or a User’s use of the Website or the Services exceed, in the aggregate Rs. 1000/- (Rupees One Thousand Only).
· 8. RETENTION AND REMOVAL
Medinfocom Technologies / VIP Lab Online Appointment Booking 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.
· 9. APPLICABLE LAW AND DISPUTE SETTLEMENT
o9.1 You agree that this Agreement and any contractual obligation between Medinfocom Technologies / VIP Lab Online Appointment Booking and User will be governed by the laws of India.
o9.2 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 Medinfocom Technologies / VIP Lab Online Appointment Booking. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be Ahmedabad. 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.
o9.3 Subject to the above Clause 9.2, the courts at Ahmedabad 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.
· 10. CONTACT INFORMATION GRIEVANCE OFFICER
o10.1 If a User has any questions concerning Medinfocom Technologies / VIP Lab Online Appointment Booking, the Website, this Agreement, the Services, or anything related to any of the foregoing, Medinfocom Technologies / VIP Lab Online Appointment Booking customer support can be reached at the following email address: drmdave@gmail.com or via the contact information available from the following rlink: www.viplab.in/contact.
o10.2 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: Dr. Mehul Dave, 1 Springfield, Near Akash Tower, Judges Bunglow Road, Bodakdev, Vastrapur, Ahmedabad. 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.
· 11. SEVERABILITY
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.
· 12. WAIVER
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 Medinfocom Technologies / VIP Lab Online Appointment Booking. Any consent by Medinfocom Technologies / VIP Lab Online Appointment Booking to, or a waiver by Medinfocom Technologies / VIP Lab Online Appointment Booking 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.
SCHEDULE
· 1.Medinfocom Technologies / VIP Lab Online Appointment Booking Feedback Collection and Fraud Detection Policy
o 1.1 Scope
This policy document covers the philosophy, intent and methodology used by Medinfocom Technologies / VIP Lab Online Appointment Booking to collect Feedback from Patients about Doctors and other Practitioners who are part of the Medinfocom Technologies / VIP Lab Online Appointment Booking eco-system.
o 1.2 Philosophy and Intent
At Medinfocom Technologies / VIP Lab Online Appointment Booking, we believe in transparency and authenticity, and these are the 2 primary pillars on which the Feedback call.

H-Connect is the service provider for the technology to synchronize data between the Symbion VIP Diagnostics lab reporting LIS servers and the Web services and App and is responsible to all the matters related. The use of this Web Portal or App is subject to the following terms of use:

The lab reports and other health care related information available through viplab.in website and the related VIP lab mobile app on android and iOS are only for the convenience of the patients and should be used to take medical decision with caution.

Prior to taking any medical decision based on the reports and information available on the viplab.in website or VIP Lab app, the accuracy of the data should be verified with Symbion VIP Diagnostics.

Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this Web Portal or App for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
The content of the pages of this Web Portal or App is for your general information and use only. It is subject to change without any prior notice.
Your use of any information or materials on this Web Portal or App is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this Web Portal or App meet your specific requirements.
This Web Portal or App contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
All trademarks reproduced in this Web Portal or App which are not the property of, or licensed to, the operator are acknowledged on the Web Portal or App.
Unauthorized use of this Web Portal or App may give rise to a claim for damages and/or be a criminal offense.
From time to time this Web Portal may also include links to other Web Portals or App. These links are provided for your convenience to provide further information. They do not signify that we endorse the Web Portal(s) or App. We have no responsibility for the content of the linked Web Portal(s) or app.
Your use of this Web Portal or App and any dispute arising out of such use of the Web Portal or App is subject to the laws of India, Ahmedabad Jurisdiction only.

The App collects information that you voluntarily provide such as your name, address, age, birth date, gender, email, phone number, photo, zip code, demographic information, and information about your health and/or medical conditions. In addition, you may choose to capture & share photos, reports or other information generated by the App with others, using your device's email functionality. If you provide personal information relating to other people when you use the App, you represent that you have the authority to do so and to permit the App to use the information in accordance with this Privacy Policy.