TERMS & CONDITIONS OF USE
BR Life SUT Pattom (referred to as “we”, us”, “SUT Pattom”) is the author and publisher of the internet resource www.sutpattom.com (referred to as “Website”) on the world wide web as well as other applications provided by SUT Pattom, together with Website (together referred to as “Services”). SUT Pattom provides the Services in partnership with its agents, affiliates, associates, representatives or other third parties (together referred to as “Partners”)
- NATURE AND APPLICABILITY
Please carefully go through these terms and conditions (“Terms”) and the privacy policy available at www.sutpattom.com/privacy (“PrivacyPolicy”) before you decide to access the Website or avail the Services made available by us. These Terms and the Privacy Policy together constitute a legal agreement (“Agreement”) between you and SUT Pattom 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 patient, his/her representatives/ attendant/ relative/ friend or affiliates (“you” or “User”); or
1. A user of the Website (“you” or “User”).
2. A patient, his/her representatives/ attendant/ relative/ friend or affiliates (“you” or “User”); or
This Agreement applies to all services made available by SUT Pattom on the Website.
The Services may change from time to time, at the sole discretion of SUT Pattom, 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 gro@sutpattom.com.
By 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. 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. We reserve the right to modify or terminate any portion of the Agreement for any reason and at any time.
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 to particular Service are also considered as part of the Agreement.
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 SUT Pattom.
The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but not limited to:
1. the Indian Contract Act, 1872,
2. the (Indian) Information Technology Act, 2000, and
3. 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”). -
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 SUT Pattom 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. - END-USER ACCOUNT AND DATA PRIVACY
1. The terms “personal information” and “sensitive personal data or information” are defined under the SPI Rules, and are reproduced in the Privacy Policy.
2. SUT Pattom and its Partners may by the 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. The Website allows SUT Pattom and its Partners to have access to Users’ personal email or phone number, for the purpose of communication and analytics.
4. The Privacy Policy sets out:
1. The type of information collected from Users, including sensitive personal data or information;
2. The purpose means and modes of usage of such information;
3. How and to whom SUT Pattom will disclose such information; and,
4. Other information mandated by the SPI Rules.
5. The User is expected to read and understand the Privacy Policy, so as to ensure that he or she has the knowledge of:
1. the fact that certain information is being collected;
2. the purpose for which the information is being collected;
3. the intended recipients of the information;
4. the nature of collection and retention of the information; and
5. the various rights available to such Users in respect of such information.
6. SUT Pattom 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 SUT Pattom or to any other person acting on behalf of SUT Pattom or its Partners.
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 SUT Pattom of any actual or suspected unauthorized use of the User’s account or password. Although SUT Pattom will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of SUT Pattom or others due to such unauthorized use.
8. If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or SUT Pattom has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, SUT Pattom has the right to discontinue the Services to the User at its sole discretion.
9. It is your responsibility to keep your correct mobile number and email ID updated in the Website. All reminders and notifications 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. SUT Pattom is not responsible for any loss or inconvenience caused due to your non-updation of your contact details
10. SUT Pattom and its Partners may use such information collected from the Users from time to time for the purposes of debugging customer support related issues.
11. SUT Pattom may now or in the future provide Services where you may be able to converse with SUT Pattom, its authorized representatives, its doctors or similar stakeholders via online chat, text messages, video call or voice call. When you choose this option, the records of such conversations, calls or exchanges may be recorded and stored in SUT Pattom’s or its Partners servers. Such records are dealt with only in accordance with the terms of the Privacy Policy.
- LISTING CONTENT AND DISSEMINATING INFORMATION
1. SUT Pattom 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 specialisation, qualification, fees, location, visiting hours, and similar details. SUT Pattom takes reasonable efforts to ensure that such information is updated at frequent intervals. SUT Pattom cannot be held liable for any inaccuracies or incompleteness represented from it, despite such reasonable efforts.
2. The Services provided by SUT Pattom 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). SUT Pattom and its Partners do not provide or make any representation, warranty or guarantee, express or implied about the Website or the Services. SUT Pattom 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, SUT Pattom 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 SUT Pattom or its Partners or any User in relation to any User or services provided by such User.
3. The Website may be linked to the website of third parties, affiliates and business partners. SUT Pattom 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 SUT Pattom endorses the linked site. User may use the links and these services at User’s own risk.
4. SUT Pattom 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, User’s sole remedy is to discontinue using the Website.
5. If SUT Pattom determines through feedback or otherwise that you have provided fraudulent, inaccurate, incomplete or false information, SUT Pattom reserves the right to immediately suspend your access to the Website or any of your accounts with SUT Pattom and makes such declaration about suspension on the website alongside your name as determined by SUT Pattom for the protection of its business and in the interests of Users. You shall be liable to indemnify SUT Pattom and its Partners for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected SUT Pattom, its Partners or its Users.
- TERMINATION
SUT Pattom 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 underlaw where:
1. Such User breaches any terms and conditions of the Agreement;
2. A third party reports violation of any of its right as a result of your use of the Services;
3. SUT Pattom is unable to verify or authenticate any information provide to SUT Pattom by a User;
4. SUT Pattom has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User; or
5. SUT Pattom believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for SUT Pattom or its Partners or are contrary to the interests of the Website.
6. 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.
- DISCLAIMER OF WARRANTIES
1. All information available on the Website, (the “Information”) is provided on the condition that the User will make independent determination in respect of its accuracy, completeness or usefulness suitability prior to use or making any decision for any loss or damage in reliance hereof. SUT Pattom and its Partners will not be responsible for the same. Further SUT Pattom 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
2. The Information does not constitute an invitation or recommendation to take medical services from SUT Pattom or its Partners nor is such Information a substitute for professional advice or solicitation in respect of medical services/ products or recommendation thereof. SUT Pattom urges the Users to seek the advice of professionals, as appropriate, regarding the evaluation of any specific opinion, advice, product, service, or other Information.
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 SUT Pattom 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 is subject to the terms and conditions of the legal notices contained therein. - LIMITATION OF LIABILITY
1. The information available on the Website could include inaccuracies or typographic errors. SUT Pattom has endeavored to ensure that all the information on the Website is correct, but SUT Pattom neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data or information contained. SUT Pattom 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.
2. In no event shall SUT Pattom 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, SUT Pattom 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 SUT Pattom 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 own 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.
- INDEMNITY
User agrees to indemnify and hold harmless SUT Pattom, 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. SUT Pattom 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.
- APPLICABLE LAW AND DISPUTE SETTLEMENT
1. You agree that this Agreement and any contractual obligation between the Company and User will be governed by the laws of India.
2. Subject to the above Paragraph above, the courts at Kerala 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.
- CONTACT INFORMATION GRIEVANCE OFFICER
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 gro@sutpattom.com
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:
The Grievance Officer,
BR Life SUT Pattom Pattom P. O
Trivandrum, Kerala, India
Email: gro@sutpattom.com
