1. Nature and applicability of terms
The Agreement applies to you whether you are -
i. A medical Doctor or health care provider (whether an individual professional or an organization) or Labs and or similar institution wishing to use medical records/history features or to be listed, or already listed, on the Website, including designated, authorized associates of such Doctors or institutions("Doctor(s)", "you" or "User"); or
ii. A patient, his/her representatives or affiliates, searching for Doctors through the Website, uploading the medical records, using health features like mood tracker and menstruation cycle tracker ("End-User", "you" or "User"); or
iii. Otherwise a user of the Website ("you" or "User").
This Agreement applies to those services made available by Y-HLTH on the Website, which are offered free of charge to the Users ("Services"), including the following:
1) End Users:
2) Doctors: Listing of Doctors and their profiles and contact details, to be made available to the other Users and visitors to the Website;
3) For other Users: Facility to (i) create and maintain 'User Accounts', (ii) search for Doctors by name, specialty, and geographical area, or any other criteria that may be developed and made available by Y-HLTH.
The Services may change from time to time, at the sole discretion of Y-HLTH, 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 firstname.lastname@example.org
We reserve the right to modify or terminate any portion of the Agreement for any reason and at any time, and such modifications shall be informed to you in writing You should read the Agreement at regular intervals. Your use of the Website following any such modification constitutes your agreement to follow and be bound by the Agreement so modified.
You acknowledge that you will be bound by this Agreement for availing any of the Services offered by us. If you do not agree with any part of the Agreement, please do not use the Website or avail any Services.
Your access to use of the Website and the Services will be solely at the discretion of Y-HLTH.
The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but not limited to:
iv. the Indian Contract Act, 1872,
v. the (Indian) Information Technology Act, 2000, and
vi. 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 "Relevant 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 Y-HLTH 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.
The terms in this Clause 3 are applicable to all user.
3.1 END-USER ACCOUNT AND DATA PRIVACY
3.2 DATA ANAYLSIS ALGORITHM
Y-HLTH's relevance algorithm for the Data analysis is a fully automated system that by using the data mining procedure would extract health trends and summaries from usage of various features in website and mobile applications by the end user. The summary of Menstruation cycle chart and mood tracker 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. Y-HLTH in no event will be held responsible for the accuracy and the relevancy of outcome of analysis and it is sole purpose is to inform the end user or other relevant authorities.
3.3 LISTING CONTENT AND DISSEMINATING INFORMATION
3.4 MEDICAL RECORDS/HISTORY SHARING &INTERACTION WITH DOCTORS
3.5 NO DOCTOR-PATIENT RELATIONSHIP; NOT FOR EMERGENCY USE
3.6 Y-HLTH Blog
3.6.1 Y-HLTH Blog is an online content platform available on the website, wherein Doctors who havecreated a Y-HLTH profile and Users who have created a health account can login and post health andwellness related content
3.6.2 A User can use Y-HLTH Blog by logging in from their health account, creating original contentcomprising text, audio, video, images, data or any combination of the same ("Content"), anduploading said Content to Y-HLTH's servers. Y-HLTH will make available to the User a gallery of imageslicensed by Y-HLTH from a third party stock image provider ("Y-HLTH Gallery"). The User can uploadtheir own images or choose an image from the Y-HLTH Gallery. Y-HLTH does not provide any warrantyas to the ownership of the intellectual property in the Y-HLTH Gallery and the User acknowledges thatthe User will use the images from the Y-HLTH Gallery at their own risk. Y-HLTH shall post such Contentto Y-HLTH Blog at its own option and subject to these Terms and Conditions. The Content uploadedvia Y-HLTH Blog does not constitute medical advice and may not be construed as such by any person
3.6.3 The User acknowledges that they are the original authors and creators of any Content uploadedby them via Y-HLTH Blog and that no Content uploaded by them would constitute infringement of theintellectual property rights of any other person. Y-HLTH reserves the right to remove any Contentwhich it may determine at its own discretion as violating the intellectual property rights of any otherperson. The User agrees to absolve Y-HLTH from and indemnify Y-HLTH against all claims that mayarise as a result of any third party intellectual property right claim that may arise from the user'suploading of any Content on Y-HLTH Blog. The User may not use the images in the Y-HLTH Gallery forany purpose other than those directly related to the creation and uploading of Content to Y-HLTHBlog. The User also agrees to absolve Y-HLTH from and indemnify Y-HLTH against all claims that mayarise as a result of any third party intellectual property claim if the User downloads, copies orotherwise utilizes an image from the Y-HLTH Gallery for his/her personal or commercial gain.
3.6.4 The user hereby assigns to Y-HLTH, in perpetuity and worldwide, all intellectual property rightsin any Content created by the User and uploaded by the User via Y-HLTH Blog.
3.6.5 Y-HLTH shall have the right to edit or remove the Content and any comments in such manner asit may deem Y-HLTH Blog at any time
3.6.6 The User agrees not to upload Content which is defamatory, obscene or objectionable in natureand Y-HLTH reserves the right to remove any Content which it may determine at its own discretion toviolate these Terms and Conditions or be violated of any law or statute in force at the time. The Useragrees to absolve Y-HLTH from and indemnify Y-HLTH against all claims that may arise as a result ofany legal claim arising from the nature of the Content posted by the User on Y-HLTH Blog.
3.6.7 A User may also use Y-HLTH Blog in order to view original content created by Doctors and tocreate and upload comments on such Content, where allowed.
3.6.8 User acknowledges that the Content on Y-HLTH Blog reflects the views and opinions of theauthors of such Content and do not necessarily reflect the views of Y-HLTH.
3.6.9 User agrees that the content they access on Y-HLTH Blog does not in any way constitute medicaladvice and that the responsibility for any act or omission by the User arising from the User'sinterpretation of the Content, is solely attributable to the user. The User agrees to absolve Y-HLTHfrom and indemnify Y-HLTH against all claims that may arise as a result of the User's actions resultingfrom the User's viewing of Content on Y-HLTH Blog.
3.6.10 The User acknowledges that all intellectual property rights in the Content on Y-HLTH Blog vestswith Y-HLTH. The User agrees not to infringe upon Y-HLTH's intellectual property by copying orplagiarizing content on Y-HLTH Blog. Y-HLTH reserves its right to initiate all necessary legal remediesavailable to them in case of such an infringement by the User. All comments created and uploaded bythe User on Y-HLTH Blog will be the sole intellectual property of Y-HLTH. The User agrees not to postany comments on Y-HLTH Blog that violate the intellectual property of any other person. Y-HLTHreserves the right to remove any comments which it may determine at its own discretion as violatingthe intellectual property rights of any other person. The User agrees to absolve Y-HLTH from andindemnify Y-HLTH against all claims that may arise as a result of any third party intellectual propertyright claim that may arise from the User's uploading of any comment on Y-HLTH Blog.
3.6.11 User agrees not to post any comments which are defamatory, obscene, and objectionable orin nature and Y-HLTH reserves the right to remove any comments which it may determine at its owndiscretion to violate these Terms and Conditions or be violates of any law or statute in force at thetime. The User agrees to absolve Y-HLTH from and indemnify Y-HLTH against all claims that may ariseas a result of any legal claim arising from the nature of the comments posted by the User on Y-HLTHBlog.
3.7 CONTENT OWNERSHIP AND COPYRIGHT CONDITIONS OF ACCESS
3.7.1 The contents listed on the Website/Mobile applications are (i) User generated content, or (ii)belong to Y-HLTH. The information that is collected by Y-HLTH directly or indirectly from the EndUsersand the Doctors shall belong to Y-HLTH. Copying of the copyrighted content published by YHLTHon the Website for any commercial purpose or for the purpose of earning profit will be aviolation of copyright and Y-HLTH reserves its rights under applicable law accordingly.
3.7.2 Y-HLTH authorizes the User to view and access the content available on or from the Websitesolely for ordering, receiving, delivering and communicating only as per this Agreement. The contentsof the Website, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the Website (collectively, "Y-HLTH Content"),are the property of Y-HLTH and are protected under copyright, trademark and other laws. User shallnot modify the Y-HLTH Content or reproduce, display, publicly perform, distribute, or otherwise usethe Y-HLTH Content in any way for any public or commercial purpose or for personal gain.
3.7.3 User shall not access the Services for purposes of monitoring their availability, performance orfunctionality, or for any other benchmarking or competitive purposes.
3.8 REVIEWS AND FEEDBACK
You are solely responsible for the content that you choose to submit for publication on the Website, includingany feedback, ratings, or reviews ("Critical Content") relating to Doctors or other healthcare professionals. Therole of Y-HLTH in publishing Critical Content is restricted to that of an 'intermediary' under the InformationTechnology Act, 2000. Y-HLTH disclaims all responsibility with respect to the content of Critical Content, and itsrole with respect to such content is restricted to its obligations as an 'intermediary' under the said Act. Y-HLTHshall 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. Withoutprejudice to the detailed terms stated in Clause 5, you hereby agree not to post or publish any content on theWebsite that (a) infringes any third-party intellectual property or publicity or privacy rights, or (b) violates anyapplicable law or regulation, including but not limited to the Indian govt. Rules and Relevant rules. Y-HLTH, at itssole discretion, may choose not to publish your reviews and feedback, if so required by applicable law, and inaccordance with Clause 5 of these Terms. You agree that Y-HLTH may contact you through telephone, email,SMS, or any other electronic means of communication for the purpose of:
vii. Obtaining feedback in relation to Website/Mobile applications or Y-HLTH's services; and/or
viii. Obtaining feedback in relation to any Doctors listed on the Website; and/or
ix. Resolving any complaints, information, or queries by Doctors regarding your Critical Content;
x. you agree to provide your fullest co-operation further to such communication by Y-HLTH.
3.9 DIGITALISED HEALTH RECORDS
Y-HLTH may provide End-Users with a free facility known as 'Digitalised Health Records' on its website/ mobileapplication 'Y-HLTH'. Information available in your Records can be of various types:
3.9.1 Your Records is only created after you have signed up and explicitly accepted these Terms.
3.9.2 Any Practice created Health Record is provided on an as-is basis at the sole intent, risk andresponsibility of the Doctor and Y-HLTH does not validate the said information and makes norepresentation in connection therewith. You should contact the relevant Doctor in case you wish topoint out any discrepancies or add, delete, or modify the Health Record in any manner.
3.9.3 The Health Records are provided on an as-is basis. While we strive to maintain the highest levelsof security and service availability, Y-HLTH is not liable for any interruption that may be caused to youraccess of the Services.
3.9.4 The reminder provided by the Records is only a supplementary way of reminding you to performyour activities as prescribed by your Doctor. In the event of any medicine reminders provided by YHLTH,you should refer to your prescription before taking any medicines. Y-HLTH is not liable if for anyreason reminders are not delivered to you or are delivered late or delivered incorrectly, despite its bestefforts. In case you do not wish to receive the reminders, you can switch it off through the Y-HLTH app.
3.9.5 It is your responsibility to keep your correct mobile number and email ID updated in the Records.The Health Records will be sent to the Records associated with this mobile number and/or email ID.Every time you change any contact information (mobile or email), we will send a confirmation. Y-HLTHis not responsible for any loss or inconvenience caused due to your failure in updating the contactdetails with Y-HLTH.
3.9.6 Y-HLTH uses industry–level security and encryption to your Health Records. However, Y-HLTHdoes not guarantee to prevent unauthorized access if you lose your login credentials or they areotherwise compromised. In the event you are aware of any unauthorized use or access, you shallimmediately inform Y-HLTH of such unauthorized use or access. Please safeguard your login credentialsand report any actual suspected breach of account to email@example.com
3.9.7 If you access your dependents' Health Records by registering your dependents with your ownRecords, you are deemed to be responsible for the Health Records of your dependents and allobligations that your dependents would have had, had they maintained their own separate individualRecords. You agree that it shall be your sole responsibility to obtain prior consent of your dependentand shall have right to share, upload and publish any sensitive personal information of your dependent.Y-HLTH assumes no responsibility for any claim, dispute or liability arising in this regard, and you shallindemnify Y-HLTH and its officers against any such claim or liability arising out of unauthorized use ofsuch information.
3.9.8 In case you want to delete your Records, you can do so by contacting our service support team.However only your account and any associated Health Records will be deleted, and your Health Recordsstored by your Doctors will continue to be stored in their respective accounts.
3.9.9 You may lose your "User created" record, if the data is not synced with the server
3.9.10 if the Health Record is unassessed for a stipulated time, you may not be able to access yourHealth Records due to security reasons.
3.9.11 Y-HLTH is not liable if for any reason, Health Records are not delivered to you or are deliveredlate despite its best efforts.
3.9.12 The Health Records are shared with the phone numbers/email addresses that are provided byyour Doctor. Y-HLTH is not responsible for adding the Heath Records with incorrect email address/phone number.
3.9.13 Y-HLTH is not responsible or liable for any content, fact, Health Records, mood tracker data,menstruation cycle data, medical deduction or the language used in your Health Records whatsoever. You as end user, concerned lab and doctor are solely responsible and liable for your Health Records andany information provided to us including but not limited to the content in them.
3.9.14 Y-HLTH has the ability in its sole discretion to retract Health Records without any prior notice ifthey are found to be shared incorrectly or inadvertently.
3.9.15 Y-HLTH will follow the law of land in case of any constitutional court or jurisdiction mandates toshare the Health Records for any reason.
3.9.16 you agree and acknowledge that Y-HLTH may need and have full authorization to access theHealth Record for cases such as any technical or operational issue of the End User in access or ownershipof the Records.
4.1 LISTING POLICY
4.1.1 Y-HLTH, directly and indirectly, collects information regarding the Doctors' profiles, contactdetails, and practice. Y-HLTH reserves the right to take down any Doctor's profile as well as the right todisplay the profile of the Doctors, with or without notice to the concerned Doctor. This information iscollected for the purpose of facilitating interaction with the End-Users and other Users. If anyinformation displayed on the Website in connection with you and your profile is found to be incorrect,you are required to inform Y-HLTH immediately to enable Y-HLTH to make the necessary amendments.
4.1.2 Y-HLTH shall not be liable and responsible for the ranking of the Doctors on external websites andsearch engines or through the reviews provided by the end users.
4.1.4 Y-HLTH reserves the right to moderate the suggestions made by the Doctors through feedbackand the right to remove any abusive or inappropriate or promotional content added on the Website.However, Y-HLTH shall not be liable if any inactive, inaccurate, fraudulent, or non- existent profiles ofDoctors are added to the Website.
4.1.5 Doctors explicitly agree that Y-HLTH reserves the right to publish the Content provided by Doctorsto a third party including content platforms
4.1.6 You as a Doctor hereby represent and warrant that you will use the Services in accordance withapplicable law. Any contravention of applicable law as a result of your use of these Services is your soleresponsibility, and Y-HLTH accepts no liability for the same.
4.2 PROFILE OWNERSHIP AND EDITING RIGHTS
Y-HLTH ensures easy access to the Doctors by providing a tool to update your profile information. Y-HLTHreserves the right of ownership of all the Doctor's profile and photographs and to moderate the changes orupdates requested by Doctors. However, Y-HLTH takes the independent decision whether to publish or rejectthe requests submitted for the respective changes or updates. You hereby represent and warrant that you arefully entitled under law to upload all content uploaded by you as part of your profile or otherwise while using Y-HLTH'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, Y-HLTH may modify or delete parts of yourprofile information at its sole discretion with or without notice to you.
4.3 REVIEWS AND FEEDBACK DISPLAY RIGHTS OF Y-HLTH
4.3.1 All Critical Content is content created by the Users of www.y-hlth.com ("Website") and the clientsof Y-HLTH customers and Doctors, including the End-Users. As a platform, Y-HLTH does not takeresponsibility 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 Y-HLTH and other legal rightsand obligations relating to the Critical Content are further detailed in Clauses 3.9 and 5 of these Terms.Y-HLTH's Feedback Collection and Fraud Detection Policy is annexed as the Schedule hereto, andremains subject always to these Terms.
4.3.2 Y-HLTH reserves the right to collect feedback and Critical Content for all the Doctors, Clinics andHealthcare Providers listed on the Website.
4.3.3 Y-HLTH shall have no obligation to pre-screen, review, flag, filter, modify, refuse or remove any orall 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 contentthat you may find offensive or objectionable. Y-HLTH shall not be liable for any effect on Doctor'sbusiness due to Critical Content of a negative nature. In these respects, you may use the Service at yourown risk. Y-HLTH however, as an 'intermediary, takes steps as required to comply with applicable lawas regards the publication of Critical Content. The legal rights and obligations with respect to CriticalContent and any other information sought to be published by Users are further detailed in Clauses 3.9and 5 of these Terms.
4.3.5 Y-HLTH will take down information under standards consistent with applicable law, and shall inno circumstances be liable or responsible for Critical Content, which has been created by the Users. Theprinciples set out in relation to third party content in the terms of Service for the Website shall beapplicable mutatis mutandis in relation to Critical Content posted on the Website.
4.3.6 If Y-HLTH determines that you have provided inaccurate information or enabled fraudulentfeedback, Y-HLTH reserves the right to immediately suspend any of your accounts with Y-HLTH andmakes such declaration on the website alongside your name/your clinics name as determined by YHLTHfor the protection of its business and in the interests of Users.
4.4 RELEVANCE ALGORITHM
Y-HLTH has designed the relevance algorithm in the best interest of the End-User and may adjust the relevancealgorithm from time to time to improve the quality of the results given to the patients. It is a pure merit drivenbased on customer reviews and scaling algorithm which cannot be altered for specific Doctors. Y-HLTH shall notbe liable for any effect on the Doctor's business interests due to the change in the Relevance Algorithm.
4.5 INDEPENDENT SERVICES
Your use of each Service confers upon you only the rights and obligations relating to such Service, and not toany other service that may be provided by Y-HLTH.
4.6 Y-HLTH ADVERTISMENTS RIGHTS
Y-HLTH reserves the rights to display sponsored ads on the Website. These ads would be marked as "Sponsoredads". Without prejudice to the status of other content, Y-HLTH will not be liable for the accuracy of informationor the claims made in the Sponsored ads. Y-HLTH does not encourage the Users to visit the Sponsored ads page or to avail any services from them. Y-HLTH will not be liable for the services of the providers of the Sponsoredads.You represent and warrant that you will use these Services in accordance with applicable law. Any contraventionof applicable law as a result of your use of these Services is your sole responsibility, and Y-HLTH accepts noliability for the same.
4.7 Y-HLTH BLOG
4.7.1 Y-HLTH blog is an online content platform available on the website, wherein Doctors who have aY-HLTH profile and Users who have a health account can login and post health and wellness relatedcontent.
4.7.2 A Doctor can use blog by logging in from their profile, creating original content comprising text,audio, video, images data or any combination of the same ("as defined in Clause 3.7.2"), and uploadingsaid Content to Y-HLTH's servers. The Doctor can upload their own images or choose an image from thegallery that Y-HLTH provides. Y-HLTH shall post such Content to Y-HLTH blog at its own option andsubject to these Terms and Conditions. The Content uploaded via Y-HLTH blog does not constitutemedical advice and may not be construed as such by any person.
4.7.3 The Doctor acknowledges that they are the original authors and creators of any Content orcomments uploaded by them via Y-HLTH blog and that no Content or comment uploaded by themwould constitute infringement of the intellectual property rights of any other person. Y-HLTH reservesthe right to remove any Content or comment which it may determine at its own discretion as violatingthe intellectual property rights of any other person. The Doctor agrees to absolve Y-HLTH from andindemnify Y-HLTH against all claims that may arise as a result of any third party intellectual propertyright claim that may arise from the Doctor's uploading of any Content on Y-HLTH blog. The Doctor alsoagrees to absolve Y-HLTH from and indemnify Y-HLTH against all claims that may arise as a result of anythird party intellectual property claim if the Doctor downloads an image from Y-HLTH's gallery andutilizes it for his/her personal or commercial gain.
4.7.4 The Doctor hereby assigns to Y-HLTH, in perpetuity and worldwide, all intellectual property rightsin any Content or comment created by the Doctor and uploaded by the Doctor via Y-HLTH blog.
4.7.5 Y-HLTH shall have the right to edit or remove the Content and any comments in such manner asit may deem fit at any time
4.7.6 The Doctor may also use Y-HLTH blog in order to view original content created by Users or otherDoctors and also create and upload comments on such Content including their own content whereallowed.
4.7.7 Doctor acknowledges that the content on Y-HLTH blog reflects the views and opinions of theauthors of such content and does not necessarily reflect Y-HLTH's views.
4.7.8 Doctor agrees not to post any comments or upload any Content which are defamatory, obscene,objectionable or in nature and Y-HLTH reserves the right to remove any comments which it maydetermine at its own discretion to violate these Terms and Conditions or be violative of any law orstatute in force at the time. The Doctor agrees to absolve Y-HLTH from and indemnify Y-HLTH againstall claims that may arise as a result of any legal claim arising from the nature of the Content or thecomments posted by the Doctor on Y-HLTH blog.
5.Rights and obligations relating to content
5.1 As mandated by Regulation 3(2) of the IG Rules, Y-HLTH hereby informs Users that they are notpermitted 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 mannerwhatever;
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 anyinformation 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 withforeign states, or public order or causes incitement to the commission of any cognizable offenceor prevents investigation of any offence or is insulting any other nation
5.2 Users are also prohibited from:
x. Violating or attempting to violate the integrity or security of the Website or any Y-HLTHContent;
xi. transmitting any information (including job posts, messages and hyperlinks) on or through theWebsite that is disruptive or competitive to the provision of Services by Y-HLTH;
xii. intentionally submitting on the Website any incomplete, false or inaccurate information;
xiii. making any unsolicited communications to other Users;
xiv. 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;
xv. attempting to decipher, decompile, disassemble or reverse engineer any part of the Website;
xvi. copying or duplicating in any manner any of the Y-HLTH Content or other information availablefrom the Website;
xvii. Framing or hot linking or deep linking any Y-HLTH Content
xviii. Circumventing or disabling any digital rights management, usage rules, or other securityfeatures of the Software
5.3 Y-HLTH, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person inwriting or through email signed with electronic signature about any such information as mentioned above, shallbe entitled to disable such information that is in contravention of Clauses 5.1 and 5.2. Y-HLTH shall also beentitled to preserve such information and associated records for at least 120 (One hundred twenty) days forproduction to governmental authorities for investigation purposes.
5.5 Y-HLTH may disclose or transfer User-generated information to its affiliates or governmental authorities insuch manner as permitted or required by applicable law, and you hereby consent to such transfer. The Relevantrules only permit Y-HLTH to transfer sensitive personal data or information including any information, to anyother body corporate or a person in India, or located in any other country, that ensures the same level of dataprotection that is adhered to by Y-HLTH as provided for under the Relevant rules, only if such transfer isnecessary for the performance of the lawful contract between Y-HLTH or any person on its behalf and the Useror where the User has consented to data transfer.
Y-HLTH respects the intellectual property rights of others and we do not hold any responsibility for any violationsof any intellectual property rights
6.1Y-HLTH reserves the right to suspend or terminate a User's access to the Website and the Services with orwithout notice and to exercise any other remedy available under law, in cases where
6.2 Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use theWebsite under the same account, a different account or re-register under a new account. On termination of anaccount due to the reasons mentioned herein, such User shall no longer have access to data, messages, files andother material kept on the Website by such User. The User shall ensure that he/she/it has continuous backup ofany medical services the User has rendered in order to comply with the User's record keeping process andpractices.
7. Limitation of liability
In no event, including but not limited to negligence, shall Y-HLTH, 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 relatedto, the use of, or the inability to use, the Website or the content, materials and functions related thereto, theServices, User's provision of information via the Website, lost business or lost End-Users, even if such ProtectedEntity has been advised of the possibility of such damages. In no event shall the Protected Entities be liable for:
xi. provision of or failure to provide all or any service by Doctors to End- Users contacted ormanaged through the Website;
xii. any content posted, transmitted, exchanged or received by or on behalf of any User or otherperson on or through the Website;
xiii. any unauthorized access to or alteration of your transmissions or data; or
xiv. 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.999/- (Rupees Nine hundred ninety nine only.).
8. Retention and removal
Y-HLTH may retain such information collected from Users from its Website or Services for as long asnecessary, depending on the type of information; purpose, means and modes of usage of suchinformation; and according to the Relevant rules. Computer web server logs may be preserved as longas administratively necessary.
9. Applicable law and dispute settlement
9.1 You agree that this Agreement and any contractual obligation between Y-HLTH and User will be governed bythe laws of India
9.2 Any dispute, claim or controversy arising out of or relating to this Agreement, including the determinationof the scope or applicability of this Agreement to arbitrate, or your use of the Website or the Services orinformation to which it gives access, shall be determined by arbitration in India, before a sole arbitratorappointed by Y-HLTH. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act,1996. The seat of such arbitration shall be New Delhi. All proceedings of such arbitration, including, withoutlimitation, any awards, shall be in the English language. The award shall be final and binding on the parties tothe dispute
9.3 Subject to the above Clause 9.2, the courts at New Delhi shall have exclusive jurisdiction over any disputesarising out of or in relation to this Agreement, your use of the Website or the Services or the information towhich it gives access.
10. Contact information
If a User has any questions concerning Y-HLTH, the Website, this Agreement, the Services, or anything relatedto any of the foregoing, Y-HLTH customer support can be reached at the following email address: firstname.lastname@example.org
If any provision of the Agreement is held by a court of competent jurisdiction or arbitral tribunal to beunenforceable under applicable law, then such provision shall be excluded from this Agreement and theremainder of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceablein accordance with its terms; provided however that, in such event, the Agreement shall be interpreted so as togive effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intentionof the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.
No provision of this Agreement shall be deemed to be waived and no breach excused, unless such waiver orconsent shall be in writing and signed by Y-HLTH. Any consent by Y-HLTH to, or a waiver by Y-HLTH of any breachby you, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other differentor subsequent breach.