1.1 Glamyo Technologies Private Limited (“we”, “us”, “Glamyo”) is the author and publisher of the internet resource https://glamyohealth.in/ and mobile application (“Platform”). Glamyo is engaged in the business of providing multi-specialty healthcare services in India and delivering a hassle-free experience for all elective surgeries & cosmetic procedures with personalized care services though their Platform (“Services”). Glamyo provides the Services in partnership with its’ agents, affiliates, associates, representatives or other third parties (“Partners”).
1.3 By availing the Services and accessing the Platforms, made available by us, you unequivocally and irrevocably accept and agree to abide by this Agreement. This Agreement supersedes all previous oral and written terms and conditions (if any) communicated to you. If you do not agree to these Terms, in whole or in part, please do not access the Platform or avail the Services.
1.4 This document is an electronic record in terms of Information Technology Act, 2000 (“Act”) and rules framed thereunder. This electronic record is generated by a computer system and does not require any physical or digital signatures.
2. APPLICABILITY AND MODIFICATION OF THE TERMS
2.1 The Agreement may be altered, from time to time, at the sole discretion of Glamyo, and the Agreement will apply to your visit to and your use of the Platform to avail the Services, as well as to all information provided by you on the Platform at any given point in time.
2.2 This Agreement defines the terms and conditions under which you are allowed to use the Platform and describes the treatment of your account, while you are registered as a member with us.
2.3 We reserve the right to modify or terminate any portion of the Agreement for any reason and at any time.
2.5 Your access and use of the Platform and Services will be at the sole discretion of Glamyo.
3. CONDITIONS OF USE
You must be 18 years of age or older to register and avail the Services or visit or use the Platform in any manner. By registering, visiting and using the Platform or accepting the terms of this Agreement, you represent and warrant to Glamyo that you are 18 years of age or older, and that you have the right, authority and capacity to use the Platform and the Services available through the Platform, and agree to abide by this Agreement.
4. END-USER ACCOUNT AND DATA PRIVACY
4.1 Glamyo and its’ Partners may through the Platform, collect information relating to the devices through which you access the Platform, track your location and access anonymous data of your usage. The collected information will be used only for improving the quality of the Services and to build new services.
4.2 The Platform allows Glamyo and its’ Partners to access your e-mail or phone number, for communication and analytics.
(a) the type of information collected from you, including sensitive personal data or information as defined under the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 (“SPDI Rules”);
(b) the purpose, means and modes of usage of such information;
(c) how and to whom Glamyo will disclose such information; and
(d) other information mandated by the SPDI Rules.
4.5 Glamyo and its’ Partners shall not be responsible in any manner for the authenticity or correctness of the personal information or sensitive personal data supplied by you to Glamyo or any other person acting on behalf of Glamyo or its’ Partners.
4.6 If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Glamyo has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Glamyo has the right to discontinue the Services rendered to you, at its’ sole discretion.
4.7 Glamyo and its’ Partners may use the information collected from you, from time to time, to debug customer support related issues.
5. LISTING OF CONTENT ON THE PLATFORM
5.1 Glamyo collects, directly or indirectly, and displays on the Platform, the profiles and relevant information regarding the expertise of the practitioners listed on the Platform, including their specialization, qualification, fees, location, visiting hours, and similar details. Glamyo takes reasonable efforts to ensure that such information is updated at frequent intervals. You undertake and agree that Glamyo shall not be held liable for any inaccuracies or incompleteness of such information.
5.2 The Platform may be linked to the websites of third parties, affiliates, and business partners. Glamyo has no control over, and is not liable or responsible for the content, accuracy, validity, reliability, quality of such Platforms that are made available through Glamyo’s Platform. The inclusion of any link on the Platform does not imply that Glamyo endorses the linked site. You may use the links and these services at your own risk.
5.3 Glamyo and its’ Partners assume no responsibility, and shall not be liable for, any damages or viruses that may infect your device on account of your access to, use of, or browsing the Platform or the downloading of any material, data, text, images, video content, or audio content from the Platform. If you are dissatisfied with the Services, your sole remedy is to discontinue availing such Services.
5.4 If Glamyo determines through feedback or otherwise that you have provided fraudulent, inaccurate, incomplete or false information, Glamyo reserves the right to immediately suspend your access to the Platform or any of your accounts with Glamyo. You shall be liable to indemnify Glamyo and its Partners for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected Glamyo, its’ Partners or its’ users.
6.1 While Glamyo will try to ensure a confirmed appointment with a medical service provider, for you, when a request for an appointment is made on the Platform, Glamyo or its’ Partners do not guarantee that you will get a confirmed appointment. Further, you agree and undertake that Glamyo and its’ Partners shall not be held liabile if such an appointment is confirmed but later cancelled, postponed or rescheduled by the hospital or medical service provider due to non-availability at the given appointment time.
6.3 You undertake 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. Glamyo or its’ Partners shall not be held responsible for any issues arising out of such interactions. For the avoidance of any doubt, the Services provided by Glamyo are limited to providing the Platform and do not include providing any healthcare or medical advice or diagnosis and hence Glamyo and its’ Partners are not responsible for any deficiency in such services or the outcomes of services between you and the medical service providers. If you decide to engage a medical service provider to provide medical services to you, you do so at your own risk. We advise you to undertake your own investigation or get feedback before selecting a doctor or any other service provider available on the Platform.
6.4 Without prejudice to the generality of the above, Glamyo or its’ Partners will not be liable for any:
(a) wrong medication, deficiency in the quality of the treatment being rendered or medical negligence by the doctor(s), the diagnostic service provider(s), pharmacy(s) listed on the Platforms;
(b) type of inconvenience caused to you due to a failure on the part of the medical service provider to make themselves available at the appointed time, inappropriate treatment, etc.;
(c) cancellation or rescheduling of booked appointment or any variance in the fees charged;
(d) medical eventualities that might occur after using the services of a doctor, diagnostic lab services, pharmacy, selected by you, based on the information available on the Platform or with whom you have booked an appointment or performed a transaction through the Platform;
(e) comments or feedback given by any user, about the services provided by another user. All such feedback should be made pursuant to the applicable law. The option of users to give feedback remains at Glamyo’s sole discretion and may be modified or withdrawn at its sole discretion. Glamyo may moderate such feedback at any time. Glamyo shall not be obliged to act in any manner to give effect to the content of users’ feedback.
7. NO DOCTOR-PATIENT RELATIONSHIP
7.1 The content, text, data, graphics, images, information, suggestions, guidance, and other material available on the Platform (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 Glamyo and you and does not constitute an opinion, medical advice, diagnosis or treatment of any particular condition, but is only provided to assist you with locating appropriate medical care from a qualified practitioner.
7.2 It is hereby expressly clarified that the information that you obtain or receive from Glamyo, and its’ employees, contractors, partners, sponsors, advertisers or licensors, on the Platform, is for informational purposes only. In no event shall Glamyo be held liable, to you or anyone else, for any decision made or action taken by you in reliance on such information.
8. EMERGENCY USE
The Services are not intended to be a substitute for getting in touch with a medical practitioner in case of emergency. If you are a user facing a medical emergency, please contact an ambulance service, hospital, doctor or appropriate medical professional directly.
9. CONTENT OWNERSHIP
9.1 The information that is collected by Glamyo, directly or indirectly, shall belong to Glamyo and its’ Partners. Copying of the copyrighted content published by Glamyo or its’ Partners on the Platform for any commercial purpose or to earn profit will be a violation of the copyright law and Glamyo and its’ Partners reserve their rights to take action under applicable law accordingly.
9.2 Glamyo authorizes you to view and access the content available on or from the Platform solely for ordering, receiving, delivering, sharing, storing and communicating with the medical service providers or other users, as per this Agreement. The contents of the Platform, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the Platform (“Content”), are the property of Glamyo or its’ Partners and are protected under copyright, trademark and other applicable laws. You shall not modify, reproduce, display, publicly perform, distribute, or otherwise use the Content in any way for any public or commercial purpose or for personal gain.
9.3 You shall not access the Services for the purposes of monitoring their performance, functionality, benchmarking or any other competitive purposes.
10. REVIEWS AND FEEDBACK
10.2 You are solely responsible for the content that you choose to submit for publication on the Platform, including any feedback, ratings, or reviews (“User Content”). The role of Glamyo in publishing the User Content is restricted to that of an ‘intermediary’ under the Act and the Information Technology (Intermediaries guidelines) Rules, 2011 (“IG Rules”) framed thereunder. Glamyo disclaims all responsibility concerning the User Content, and its’ role concerning such content is restricted to its’ obligations as an ‘intermediary’ under the Act. Glamyo shall not be liable to pay any consideration to you for re-publishing any content across any of its’ or its’ Partners’ platforms.
10.3 You hereby agree, acknowledge and undertake not to post or publish any content on the Platform that:
(a) infringes any third-party intellectual property or privacy rights; or
(b) violates any applicable law or regulation, including but not limited to the IG Rules and SPDI Rules.
10.4 Glamyo, at its sole discretion, may choose not to publish your reviews and feedback, in accordance with the applicable law or Clause 5 of these Terms.
10.5 You undertake and agree to provide your co-operation to Glamyo, as and when Glamyo may contact you through telephone, e-mail, SMS, or any other electronic means of communication for:
(a) obtaining feedback about Platform or Services;
(b) obtaining feedback about any medical service providers on the Platform; and/or
(c) resolving any complaints or queries by medical service providers regarding your User Content;
11. CONTENT RELATED RIGHTS AND OBLIGATIONS OF THE USERS
11.1 As mandated by Regulation 3(2) of the IG Rules, you are hereby informed that you are not permitted to host, display, upload, modify, publish, transmit, update or share any information that:
(a) belongs to another person and the rights to such information do not vest in you;
(b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, 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;
(c) harm minors in any way;
(d) infringes any patent, trademark, copyright or other proprietary rights of a third party;
(e) violates any law for the time being in force;
(f) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing;
(g) impersonates another person;
(h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; and
(i) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting to any other nation.
11.2 You hereby agree and undertake to prohibit from:
(a) violating or attempting to violate the integrity or security of the Platform or any Content displayed on the Platform;
(b) transmitting any information (including job posts, messages, and hyperlinks) on or through the Platform that is disruptive or competitive or prejudicial to the provision of Services by Glamyo;
(c) intentionally submitting any incomplete, false or inaccurate information;
(d) making any unsolicited communications to other users;
(e) using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Platform;
(f) attempting to decipher, decompile, disassemble or reverse engineer any part of the Platform;
(g) copying or duplicating in any manner any Content or other information available at the Platform; and
(h) framing or hotlinking or deep linking any Content.
11.3 Glamyo or its’ Partners, upon obtaining knowledge by itself or being informed by an affected person, in writing or through e-mail signed with electronic signature, or being notified by the appropriate government or its’ agency, about any information referred to in Clause 11.1 and Clause 11.2 of these Terms, being used by the user to commit any unlawful act and/or being used in violation of these Terms, shall be entitled to remove or disable the access to such material or information. Glamyo is entitled to act, as required by the IG Rules, within 36 (thirty-six) hours of obtaining such knowledge and, where applicable, work with the users to disable such information that is in contravention of the applicable law. Glamyo shall also be entitled to preserve such information and associated records, for at least 90 (ninety) days, for its’ production to governmental authorities for investigation.
11.4 In case of non-compliance with any applicable laws, rules, regulations, or this Agreement by you, Glamyo has the right to immediately terminate your access or usage rights to the Platform, and Services and to remove such non-compliant information from the Platform.
11.5 Glamyo may disclose or transfer the User Content to its’ affiliates or governmental authorities in such manner as permitted or required by applicable law, and you hereby consent to such transfer. Glamyo will comply with any government or court directions to disable access to the User Content, should it be found to be illegal by a competent governmental authority.
12. INTELLECTUAL PROPERTY RIGHTS
12.1 The contents of the Platform 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 Platform are prohibited. The logos, service marks and trademarks displayed on the Platform are the property of Glamyo or its’ Partners or have been licensed to Glamyo or its’ Partners by the owners for use. You may use this material only as expressly authorized by Glamyo or its’ Partners and shall not copy, transmit or create derivative works of such material without express authorization from Glamyo or its’ Partners.
12.2 You acknowledge and agree that you shall not upload, post, reproduce or distribute any content on or through the Platform 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 Platform 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 you to personal liability or criminal prosecution. Nothing on the Platform should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any trademarks without written permission from Glamyo.
13. DISCLAIMER OF WARRANTIES
13.1 All information available on the Platform, (“Information”) is provided on the condition that you will make an independent determination in respect of its accuracy, completeness, usefulness or suitability before using such Information. Glamyo and its’ Partners will not be responsible for the same. Further Glamyo and its’ Partners will not be responsible or liable in any manner for any data added, provided, stored or managed by you including all personal data.
13.2 The Information does not constitute an invitation or recommendation to take medical services from Glamyo or its’ Partners nor is such Information a substitute for professional advice or solicitation in respect of medical services, products or recommendations thereof. Glamyo urges you to seek the advice of professionals, as appropriate, regarding the evaluation of any specific opinion, advice, product, service, or other information.
13.3 The information available on the Platform could include inaccuracies or typographical errors. Glamyo has endeavoured to ensure that all the information on the Platform is correct, but Glamyo neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data or information contained therein.
13.4 All information on the Platform is provided to you on an ‘as is’ basis, without warranty or guarantee 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.
14. LIMITATION OF LIABILITY
14.1 Glamyo makes no warranty, express or implied, concerning the Platform or its’ contents and disclaims all liability, responsibility or any other claim, whatsoever, in respect of any loss, whether direct or consequential, to you or any other person, arising out of or from the use of the information contained in the Platform or any suggestion or opinion given or expressed by Glamyo, its’ Partners, any user or medical service provider on the Platform.
14.2 You undertake and agree that in no event shall Glamyo or its’ Partners be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from:
(a) your use, delay in use or the inability to use the Platform or Services;
(b) unauthorized access to or alteration of your data;
(c) any other matter relating to the Services, including, without limitation to the damages for loss of data or profits, arising out of or in any way connected with the use or performance of the Platform.
14.3 You further agree that Glamyo or its’ Partners’ liability arising from your use of the Services or the Platform, whether arising from a breach of contract, tort, negligence, strict liability or otherwise, shall not in any case exceed the amount paid by you, to Glamyo, for the Services rendered in the preceding 1 (one) month.
14.4 You understand and agree that any material and/or data downloaded or otherwise obtained through the Platform is done entirely at your discretion and risk and the you shall be solely responsible for any damage to your computer systems or loss of data that results from the download of such material and/or data.
You hereby undertake and agree to indemnify and hold harmless Glamyo, 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 your access to or use of Services, violation of this Agreement, or infringement of any intellectual property or other rights of any person or entity. Glamyo shall notify you 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.
16. APPLICABLE LAW AND DISPUTE SETTLEMENT
You agree that this Agreement and any contractual obligation arising between you and Glamyo will be governed by the laws of India. The courts at New Delhi shall have exclusive jurisdiction over any disputes arising out of or in connection with this Agreement, your use of the Platform or the Services and the information provided therein.
If any term of this Agreement is held to be invalid or unenforceable, that term shall be reformed to achieve as nearly as possible the same effect as the original term, and the remainder of this Agreement shall remain in full force.
Any waiver by Glamyo of a breach or threatened breach of this Agreement by you shall not be construed as a waiver of any subsequent breach by you. Any waiver must be in writing and signed by Glamyo.