Terms of use
1. GENERAL
Thank you for visiting our website – "www.shroffeyecentre.com (“Website”). The Website is operated by Shroff Eye Centre, a registered partnership, with its office at A-9, Kailash Colony, New Delhi-110 048 (“SEC”, “we”, “our”, “us” which expression shall, unless it be repugnant to the context or meaning thereof, include our successors and assigns).
SEC is a super-specialty eye care hospital, operating through its various treatment centers. SEC centers are equipped with state-of-art facilities and pioneer in providing specialized ophthalmic treatment and care maintaining highest standards of medical care and ethics.
2. TERMS
All visitors to and users of our Website are advised to read and understand these Terms of Use and Privacy Policy (collectively called “Terms”) carefully.
You are required to express your consent to these Terms before you access or use the Website, directly or indirectly through social media platforms like Facebook, Twitter, Google+ and other similar social forums (“Social Media”).
Upon your consent, these Terms shall constitute a legal and binding electronic contract between you and SEC. These Terms govern your access and use of the Website. If you do not want to consent to the Terms, you must not use or access the Website.
We reserve the right to amend the Terms herein, in whole or in part, from time to time and provide notice to you upon such amendment. Your continued use of the Website, post any update to the Terms would mean acceptance on your part to the amendments made herein. If you do not agree to such amendments, you must contact us . The amended Terms shall be made available on the Website promptly, and hence, you are required to review the Terms periodically to keep yourself aware and up to date.
These Terms include:
- Eligibility of users
- Services
- How to use?
- Why do we collect some information?
- Data protection & Privacy
- User conduct
- Proprietary rights and license
- Availability of the Website
- Reviews & feedback
- Disclaimer of warranties
- Limitation of liability
- Indemnification
- Termination
- Governing law & dispute resolution
- Severability & waiver
- Contact us
3. ELIGIBILITY OF USERS
In order to access, use, browse, view or perform any activities on our Website, you must be above 18 years of age, and competent to contract in terms of the Indian Contract Act, 1872. By accessing, using, browsing, or performing any other activity on our Website, you hereby agree and represent that you are either of legal age and competent to enter into a contract under the Indian Contracts Act, 1872 or you have the permission of your parent and/or guardian to do so.
4. SERVICES
The Websites is an online platform that allows you to review
- information about SEC including eye care and treatment services provided, centers, doctors, opening and closing hours, process for making appointments, testimonials, accreditations and affiliations, qualifications of our professionals, location, etc.
- facilitates you to make appointments at SEC centers and with doctors and healthcare professionals at SEC centers
- provides location and navigation details for SEC centers of your choice
- enables you to access SEC’s Social Media pages; and
- SEC offers telemedicine services to patients in India through a third party platform. Services herein shall not include telemedicine services. If you avail telemedicine services, you will be directed to a platform, which is governed by separate terms of use and privacy policy. You are required to peruse and review those terms to avail telemedicine services. Please note that these Terms and Conditions will not apply when you opt for telemedicine, and any personal information collected on the third party platform shall be processed as per the terms and privacy policy therein.
5. HOW TO USE?
Most of our Services are freely available without any requirement for registering on the Website. Some Services such as making appointments, requiring location details for appointments can be availed free of cost, by registering with us on our Website or through your Social Media. There is no need to create any unique user id or password, and every time you want to avail these Services, you will be required to undergo a simple registration process.
Registering through Social Media? You may also register and sign-in using Social Media accounts, in which case these Terms along with terms of use and privacy policy of respective Social Media shall also be applicable to you. Further, we shall not be responsible for any kind of transmission, publication of any of your information on any such Social Media.
6. WHY DO WE COLLECT SOME INFORMATION?
When you avail the Services or access/use the Website, we may need to access your specific data including personal data, identity information, contacts, device ID, etc. Information provided by you during the registration process helps us to offer relevant content, customer service and network management, and all such information shall be used and accessed as per the terms of our Privacy Policy. We store all your personal information including sensitive personal information by employing adequate security measures as required under applicable law.
7. DATA PROTECTION & PRIVACY
Any of your personal information supplied to us registering with the Website or while availing the Services shall be used by us in accordance with our Privacy Policy. You must review our Privacy Policy which forms an integral part of these Terms before you continue to use or access the website.
The Privacy Policy for the website does not apply to any personal information that may be processed for providing you telemedicine services through third party platform.
8. USER CONDUCT
You agree that
- you have reviewed and understood the Terms including the Privacy Policy and expressly consented to the terms therein;
- all information provided by you during registration process is true, accurate and complete in all aspects;
- you will not allow any third party to use the Website or Services in any manner on your behalf;
- you will immediately notify us of any unauthorized use of the Website by any person using your device or your details or any other breach of security;
- you shall not use the Website to use or share any information on the Website that:
- belongs to another person and to which you do not have any right to access or use;
- is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, 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;
- harms minors (i.e. below 18 years of age) in any way;
- infringes any patent, trademark, copyright or other proprietary rights;
- violates any applicable law for the time being in force;
- is deceiving or misleading to any message or communication addressee about the origin of such messages or communicates information which is grossly offensive, menacing, or illegal in nature;
- impersonates another person;
- contains software viruses, or other computer codes, files, programs, malwares, bugs, Trojans, designed to interrupt, destroy, limit the functionality of any computer resource or hack, gain illegal access, or steal data and information on computer resource; and/or
- threatens the unity, integrity, defence, security, or sovereignty of India, its friendly relations with foreign states, or public order, or causes incitement to commission of any offence or prevents investigation of any offence, or is insulting of any nation.
- you are accessing and using the Website and/or the Services at your sole risk and are using your best and prudent judgment before accessing and using the Services and/or the Website;
- the terms of agreement with your respective mobile network provider or internet service provider shall apply while accessing the Website; as a result of this, you may be charged by the concerned mobile network provider or internet service provider for using network connection, and you agree to pay such charges, as applicable, when you access the Website;
- we may update, revise, modify, delete, amend, or withdraw any feature, content, options, page, data hosted on the Website without any prior notification to you, and you hereby consent to the same;
9. PROPRIETARY RIGHTS AND LICENSE
All content and materials, including, but not limited to description of Services, images, text, illustrations, designs, icons, photographs, names, logos, design marks, slogans, programs, software, music clips or downloads, video clips and written and other proprietary information (including page layout, or form) that are part of the Website (the “Content”) are intended solely for personal, non-commercial use.
The Content is provided by us and you acknowledge that we are the sole and absolute owners of any proprietary right in the Content; and except as expressly authorized in these Terms, you shall not use, access, distribute, modify, copy, transmit, display, reproduce, license, create derivative works from, transfer, reverse engineer, or deal otherwise with the Content.
We grant you a limited right to access and make personal use of the Website and to temporarily download the Content for personal, noncommercial viewing only. The said right does not allow you to download, copy, use or access the Content in any manner whatsoever for the benefit of another entity/person, intermediary, or similar platform as ours, or any use of the Content for data mining, or similar data gathering and extraction tools. Any attempt to decompile, or reverse engineer, or to remove any proprietary declarations such as copyright, trademark from the Content, is strictly prohibited and will be considered as unauthorized use of the Content resulting in deregistration and debarment from accessing the Website.
10. AVAILABILITY OF WEBSITE
We will use reasonable efforts to make the Website available at all times. However, you acknowledge that the Website and/or the Services may not be available due to reasons outside our control such as, without limitation, while under maintenance, limited internet or connectivity due to the services rendered by mobile service provider, etc. In such an event, you shall not hold us liable, including but not limited for any direct or indirect loss.
11. REVIEWS & FEEDBACK
We shall have proprietary rights over any review, comment, feedback, suggestion, complaint and other submission disclosed and submitted by you on the Website except any personal information, or otherwise disclosed and submitted in relation to the Services on any media including Social Media (“Feedback”); and we shall have worldwide rights, titles and interests in all copyrights and other intellectual properties in such Feedback. Please read Privacy Policy for more information.
You expressly assign all proprietary rights including copyright in Feedback to us without any limitation and restriction as to use or ownership, without payment of any compensation. Thus, we shall exclusively own all such rights and titles, and use, reproduce, disclose, modify, adapt, create derivative works from, monitor, remove, edit, delete, publish, share in the Feedback and shall be entitled to use such Feedback in any way, commercial or otherwise.
You agree that we are under no obligation to maintain confidentiality of any Feedback, to respond to any Feedback, nor shall your Feedback cause violate the Terms or any right of any third party (including copyright, trademark, privacy or other personal or proprietary right(s)) and not cause injury to any person or entity.
12. DISCLAIMER OF WARRANTIES
The Services provided on the Website and the Website are provided on “as is” and “as available” basis. We take adequate measures to safeguard your consumer interests and the quality of Services. However, we do not make any representation or warranties in respect of the Services or the Website whatsoever.
13. LIMITATION OF LIABILITY
In no event shall we be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from
- the use or the inability to use the Website and/or the Services or the Content;
- unauthorized access to or alteration of your transmissions or data;
- any unauthorized, indecent, defamatory, false, seditious content uploaded or posted by anybody else, including audio-visual content infringing any third party’s intellectual property rights; and
- any consequence which is not caused by any action or omission on our part.
14. INDEMNIFICATION
You agree to indemnify and hold us and (as applicable) our affiliates, officers, directors, agents, and employees, harmless from all losses, liabilities, claims, demands or expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon), asserted against or incurred by us that arise out of, as a result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these Terms, your violation of any law, or violation of the rights of a third party, including the infringement by you of any intellectual property or other right of any person or entity. These obligations will survive any termination of these Terms.
15. TERMINATION
We reserve the right to suspend or terminate your access and use of the Website, or any Service if we believe, in our sole and absolute discretion that you have breached, violated, abused, or unethically manipulated or exploited any term of these Terms or anyway otherwise acted unethically.
If we terminate access to the Website, or any Service, we may, at our sole discretion, delete any and all of your content or other related data, information and materials and we will have no liability to you or any third party for doing so.
16. GOVERNING LAW AND DISPUTE RESOLUTION
The present Terms shall be governed and construed in accordance with the laws of India, without regard to its conflict of law provisions. All disputes shall be decided by mediation under the aegis of Delhi High Court mediation center. If the parties fail to mediate within 3 months from the date of a dispute as notified by a party in writing to the other, the dispute shall be adjudicated by competent courts in Delhi.
Notwithstanding, if you are based in the European Union or EEA region while accessing or using the Website and/or Services, you shall have the right to seek remedies for breach of data protection and privacy norms as contained in the EU General Data Protection Regulations in your capacity as a data subject from the concerned supervisory authority. This right is only limited for disputes relating to data protection and privacy, and for any other dispute regarding the Terms, you shall be covered by the dispute resolution process under the aegis of Delhi High Court as stated above.
17. SEVERABILITY & WAIVER
In case of non-compliance of these Terms, we reserve the right to take necessary action including but not limiting to termination of the Terms, and appropriate legal actions. Our failure to enforce any right or provision under these Terms will not be considered as waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable, the remaining clauses of these Terms will continue to be binding and remain in effect. These Terms constitute the entire agreement between you and us regarding use of the Website and the Services, and supersede and replace any prior agreements we might have with you.
18. CONTACT US
If you have any questions about these Terms, please contact us at