Terms & Conditions

2.1 These terms of use, read together with the privacy policy which can be found on the website, constitute a legal and binding contract between you theUser , and “Asian Institute of Oncology” (the “Agreement”) providing, among other things, the terms and conditions for use of subscription services, primarily a web based practice management software hosted and managed remotely through the Website. The site www.”Asian Institute of Oncology”.com is owned and operated by “Asian Institute of Oncology”

2.2 You must be 18 years of age or older to register, use this Software, or visit or use the Website in any manner. By registering, visiting the Website or accepting this Agreement, you represent and warrant to “Asian Institute of Oncology” that you are 18 years of age or older, and that you have the right, authority and capacity to use the Website and the Software available through the Website and agree to and abide by this Agreement.

2.3 The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but limited to:

  • The Indian Contract Act, 1872,
  • The (Indian) Information Technology Act, 2000, and
  • The rules, regulations, guidelines and clarifications framed thereunder, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”).

2.4 A condition of the User’s use of and access to the Website and the Software available through the Website provided by “Asian Institute of Oncology” to Users (together with the Website, the “Services”) is the User’s acceptance of this Agreement. Any User that does not agree with any provisions of the same is required to leave this computer resource / the Website immediately and immediately discontinue use of all Services.

2.5 “Asian Institute of Oncology” recommends that you must read the terms of use carefully. YOUR USE OF SERVICES ON THE WEBSITE MEANS YOU ARE CONSENTING TO THIS AGREEMENT.

2.6 “Asian Institute of Oncology” authorizes the User to view and access the content available on or from the Website solely for ordering, receiving, delivering and communicating only as per this Agreement. The contents of the Website, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the Website (collectively, ““Asian Institute of Oncology” Content”), are the property of “Asian Institute of Oncology” and are protected under copyright, trademark and other laws. User shall not modify the “Asian Institute of Oncology” Content or reproduce, display, publicly perform, distribute, or otherwise use the “Asian Institute of Oncology” Content in any way for any public or commercial purpose or for personal gain.

2.7 Multiple people are not permitted to share the same/single log-in.

2.8 If you are an employee, consultant, intern or are in any way associated to the Practitioner that has subscribed to the Services and the subscribing Practitioner has authorized you to use the Services, this Agreement is a three-way agreement between you, the Practitioner and “Asian Institute of Oncology”. Both the Practitioner and “Asian Institute of Oncology” may seek recourse against you for any violation of the terms of this Agreement.

2.9 Users may not transfer (including by way of sublicense, lease, assignment or other transfer, including by operation of law) their user name or right to use the Service to any third party. You, the User, are solely responsible for the way anyone you have authorized to use the service uses the Services, and for ensuring that all of your such users comply with all of the terms and conditions of this Agreement. Any violation of the terms and/or conditions of this Agreement by any such user shall be deemed to be a violation thereof by you.

2.10 These terms of use will also be applicable to Users who access Software features using native mobile applications published by “Asian Institute of Oncology” including and limited to its applications for devices running on iOS and Android. Additional terms of use may be applicable to Users while accessing Software using such mobile applications.

Services and use of Website

3.1 “Asian Institute of Oncology” provides Software through the Website, a practice management solutions as a Software as a Solution (SaaS) model.. “Asian Institute of Oncology” is not responsible for and does not deal with any of Practitioners’ client or patient managed by User through the Website and only provides Services to User through the Website. Use of the Website may require the User to use Software provided by or operated from the Website, and on occasion “Asian Institute of Oncology” may make certain software available to User from the Website. To the extent User uses such software or downloads such software from the Website, the software, will be deemed to be licensed to User by “Asian Institute of Oncology”, for providing Services to User and enabling User to use those Services only. ”Asian Institute of Oncology” does not transfer either the title or the intellectual property rights to the Software, and “Asian Institute of Oncology” (or its licensors) retain full and complete title to the Software as well as all intellectual property rights therein. User agrees to use the Website and the materials provided therein only for purposes that are permitted by: (a) this Agreement; and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.

3.2 User shall not access the Services if the User is “Asian Institute of Oncology”’s direct competitor, except with “Asian Institute of Oncology”’s prior written consent. In addition, the User shall not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.

3.3 The Services may be subject to certain limitations, such as, limits on disk storage space, on the number of calls Users are permitted to make against “Asian Institute of Oncology”’s application programming interface, and, other limitations dependent on the User Plan, for example, number of SMS, number of appointments, number of users or accounts, validity of subscription. Any such limitations are specified in the User Plans. The Services provide real-time information to enable User to monitor such User’s compliance with such limitations.

3.4 Notwithstanding anything to the contrary contained herein, Practitioner alone shall be liable for Practitioner’s dealings and interaction with Patients contacted or managed through the Services and “Asian Institute of Oncology” shall have no liability or responsibility in this regard. “Asian Institute of Oncology” does not guarantee or make any representation with respect to the correctness, completeness or accuracy of the information or detail provided by Patients or any third party through the Services. The Services should not be used for emergency appointment purposes.

3.5 “Asian Institute of Oncology” may, at its sole discretion, suspend User’s ability to use or access the Website at any time while “Asian Institute of Oncology” investigates complaints or alleged violations of this Agreement, or for any other reason.

3.6 “Asian Institute of Oncology” reserves the right to curate Practitioner information available in its Website to improve the quality of information and to make them more suitable for Patients who use the the Website to search for a Practitioner. In case Users find any wrong information on the Website in relation to themselves, they can rectify it themselves or contact “Asian Institute of Oncology” immediately for rectifications. “Asian Institute of Oncology” shall have no liability or responsibility in this regard.

3.7 The Website accepts online appointment requests for all practitioners listed and displayed on its Website. “Asian Institute of Oncology” takes all essential steps to duly inform Practices via phone and email for appointment requests made on Website. However, it is possible that some appointment requests do not reach the Practices at all or in a timely manner due to technical or operational reasons including but not limited to cases when Practices do not respond to phone calls made by “Asian Institute of Oncology” or when Practices do not read emails sent by “Asian Institute of Oncology” in timely manner. “Asian Institute of Oncology” shall have no liability or responsibility in this regard.

3.8 While “Asian Institute of Oncology” makes every feasible effort to ensure a confirmed appointment for a Patient who requested an appointment on Website, “Asian Institute of Oncology” does not guarantee that it will get a confirmed appointment. Further, “Asian Institute of Oncology” has no liability if such appointment is confirmed but later cancelled by Practices or Practitioners, or the Practitioners are not available as per the given appointment time.

3.9 Certain Services (including ancillary products or services) may be subject to additional limitations, restrictions, terms and/or conditions specific to such Services or Software (“Specific Terms”). In such cases, the applicable Specific Terms will be made available to you and your access to and use of the relevant Services or Software will be contingent upon your acceptance of and compliance with such Specific Terms.

3.10 “Asian Institute of Oncology” reserves the right to add new functionality, remove existing functionality, and modify existing functionality to its Services as and when it deems fit, and make any such changes available in newer versions of its Software or Website or both at its discretion. All Users of its Services will be duly notified upon release of such newer versions and “Asian Institute of Oncology” reserves the right to automatically upgrade all Users to the latest version of its Services as and when it deems fit.

Collection, Use, Storage and Transfer of Personal Information

4.1 The terms “personal information” and “sensitive personal data or information” are defined under the SPI Rules, and are reproduced in the privacy policy.

4.2 The privacy policy sets out:

  • The type of information collected from Users, including sensitive personal data or information
  • The purpose, means and modes of usage of such information and
  • How and to whom “Asian Institute of Oncology” will disclose such information.

4.3 The User is expected to read and understand the privacy policy, so as to ensure that he or she has the knowledge of:

  • The fact that the information is being collected.
  • The purpose for which the information is being collected.
  • The intended recipients of the information.
  • The name and address of the agency that is collecting the information and the agency that will retain the information and
  • The various rights available to such Users in respect of such information.

4.4 Each Practice and its users of Software will be responsible for obtaining explicit consent from their Patients before storing Patient data in Software.

4.5 ”Asian Institute of Oncology” shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the User to “Asian Institute of Oncology” or any other person acting on behalf of “Asian Institute of Oncology”.

4.6 The use of this computer resource involves every User’s registration information and browsing history being stored and submitted to the appropriate authorities. The consent and procedure for such collection and submission is provided in the privacy policy. The other information collected by “Asian Institute of Oncology” from Users as part of the registration process is described in the privacy policy. The consent and revocation procedures in relation to the same are set out in the privacy policy.

4.7 The User is responsible for maintaining the confidentiality of the User’s account access information and password. 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 “Asian Institute of Oncology” of any actual or suspected unauthorized use of the User’s account or password. Although “Asian Institute of Oncology” will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of “Asian Institute of Oncology” or others due to such unauthorized use.

4.8 If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or “Asian Institute of Oncology” has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, “Asian Institute of Oncology” has the right to discontinue the Services to the User at its sole discretion.

4.9 ”Asian Institute of Oncology” may use information stored in its Services from time to time for the purposes of debugging customer support related issues.

4.10 “Asian Institute of Oncology” collects and uses Users personal and demographics information in ways as stated in Privacy Policy. ”Asian Institute of Oncology” will seek User’s permission if it wishes to use any User’s personal data for a new purpose.

Covenants

5.1 As mandated by Regulation 3(2) of the IG Rules, “Asian Institute of Oncology” hereby informs the User that the User is not permitted to host, display, upload, modify, publish, transmit, update or share any information that:

  • belongs to another person and to which the User does not have any right to.
  • 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.
  • Harm minors in any way.
  • Infringes any patent, trademark, copyright or other proprietary rights.
  • violates any law for the time being in force.
  • Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature.
  • Impersonate another person.
  • Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource.
  • 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 cognisable offence or prevents investigation of any offence or is insulting any other nation.

5.2 The User is also prohibited from:

  • Violating or attempting to violate the integrity or security of the Website or any “Asian Institute of Oncology” Content.
  • Transmitting any information (including job posts, messages and hyperlinks) on or through the Website that is disruptive or competitive to the provision of Services by “Asian Institute of Oncology”.
  • Intentionally submitting on the Website any incomplete, false or inaccurate information.
  • Making any unsolicited communications to other Users.
  • 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.
  • Attempting to decipher, decompile, disassemble or reverse engineer any part of the Website.
  • Copying or duplicating in any manner any of the “Asian Institute of Oncology” Content or other information available from the Website.
  • Framing or hotlinking or deeplinking any “Asian Institute of Oncology” Content.

5.3 “Asian Institute of Oncology”, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information as mentioned in S. 5.2 above, shall be entitled to disable such information that is in contravention of S. 5.2. “Asian Institute of Oncology” shall be entitled to preserve such information and associated records for at least 90 (ninety) days for production to governmental authorities for investigation purposes.

5.4 In case of non-compliance with any applicable laws, rules or regulations, or the Agreement (including the privacy policy) by a User, “Asian Institute of Oncology” has the right to immediately terminate the access or usage rights of the User to the Services and to remove non compliant information.

5.5 “Asian Institute of Oncology” may disclose or transfer User Information (as defined in the privacy policy) to its affiliates, and you hereby consent to such transfer. The SPI Rules only permit “Asian Institute of Oncology” to transfer sensitive personal data or information including any information, to any other body corporate or a person in India, or located in any other country, that ensures the same level of data protection that is adhered to by “Asian Institute of Oncology” as provided for under the SPI Rules, only if such transfer is necessary for the performance of the lawful contract between “Asian Institute of Oncology” or any person on its behalf and the user or where the User has consented to data transfer.

Liability

6.1 “Asian Institute of Oncology” shall not be responsible or liable in any manner to the Users for any losses, damage, injuries or expenses incurred by the Users as a result of any disclosures made by “Asian Institute of Oncology”, where the User has consented to the making of disclosures by “Asian Institute of Oncology”. If the User had revoked such consent under the terms of the privacy policy, then “Asian Institute of Oncology” shall not be responsible or liable in any manner to the User for any losses, damage, injuries or expenses incurred by the User as a result of any disclosures made by “Asian Institute of Oncology” prior to its actual receipt of such revocation.

6.2 The User shall not hold “Asian Institute of Oncology” responsible or liable in any way for any disclosures by “Asian Institute of Oncology” under Regulation 6 of the SPI Rules.

6.3 The Services provided by “Asian Institute of Oncology” or any of its licensors or providers are provided “as is,” as available, 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). “Asian Institute of Oncology” does not provide or make any representation, warranty or guaranty, express or implied about the Website or the Services. “Asian Institute of Oncology” does not verify any content or information provided by Users on the Website and to the fullest extent permitted by law, disclaims all liability arising out of the User’s use or reliance upon the Website, the Services, the “Asian Institute of Oncology” Content, representations and warranties made by the Users or the content or information provided by the Users on the Website or any opinion or suggestion given or expressed by “Asian Institute of Oncology” or any User in relation to any User or services provided by such User.

6.4 ”Asian Institute of Oncology” assumes no responsibility, and shall not be liable for ways in which Patient data is used by Practitioners and other authorized users of Software at a Practice. It is the responsibility of the Practice alone to ensure that the Patient data either stored in Software or taken out from Software by printing or exporting to PDF, CSV or any other computer file format or data stored offline in mobile devices of users accessing Software through mobile applications, is used in compliance to local privacy laws applicable to the Practice’s business transactions with Patients.

6.5 The Website may be linked to the website of third parties, affiliates and business partners. “Asian Institute of Oncology” 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 “Asian Institute of Oncology” endorses the linked site. User may use the links and these services at User’s own risk.

6.6 “Asian Institute of Oncology” assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect User’s equipment on account of User’s access to, use of, or browsing the Website or the downloading of any material, data, text, images, video content, or audio content from the Website. If a User is dissatisfied with the Website, User’s sole remedy is to discontinue using the Website.

6.7 The Website may enable User to communicate with other Users or to post information to be accessed by others, whereupon other Users may collect such data. Such Users, including any moderators or administrators, are not authorized “Asian Institute of Oncology” representatives or agents, and their opinions or statements do not necessarily reflect those of “Asian Institute of Oncology”, and they are not authorized to bind “Asian Institute of Oncology” to any contract. “Asian Institute of Oncology” hereby expressly disclaims any liability for any reliance or misuse of such information that is made available by Users or visitors in such a manner.

6.8 The listing of Practitioners on the Website is based on numerous factors including Patients’ comments and feedbacks. In no event shall the protected entities be liable or responsible for the listing order of Practitioners on the Website.

Indemnity

7.1 User agrees to indemnify and hold harmless “Asian Institute of Oncology”, its affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from his/her/ its 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. “Asian Institute of Oncology” 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.

Term, Termination and Disputes

8.1 This Agreement will remain in full force and effect while the User is a user of the Website in any form or capacity.

8.2 The User can terminate his/her/its membership with “Asian Institute of Oncology” at any time by providing 30 (thirty) days’ prior written notice to support@”Asian Institute of Oncology”.com. We need this period to inactivate User’s account, only after verifying if there are any ongoing or pending Services or payments. “Asian Institute of Oncology” may want the User to continue until the completion of an on-going Service should the situation warrant. The User shall be obligated to pay “Asian Institute of Oncology” for any Services for which the User has procured.

8.3 “Asian Institute of Oncology” reserves the right to terminate any account in cases:

  • A User breaches any terms and conditions of this terms of use or privacy policy
  • ”Asian Institute of Oncology” is unable to verify or authenticate any information provide to “Asian Institute of Oncology” by a User or
  • ”Asian Institute of Oncology” believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for “Asian Institute of Oncology” or are contrary to the interests of the Website.

8.4 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 the Services the User has rendered in order to comply with his/her/its record keeping process and practices.

8.5 Return of User’s Data: Upon request by a User made within 30 (thirty) days after the effective date of termination of a Services subscription due to non-payment, “Asian Institute of Oncology” will make available to the User for download a copy of such User’s data in comma separated value (.csv) format. After such 30 (thirty) days period, “Asian Institute of Oncology” shall have no obligation to maintain or provide any of such User’s data and shall thereafter, unless legally prohibited, delete all User’s data in its systems or otherwise in its possession or under its control. In cases where User terminates the subscription voluntarily, it will be the sole responsibility of the User to make a copy of their data before terminating the subscription – Users data will not be available after termination of subscription in such cases.

8.6 “Asian Institute of Oncology” reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of the User’s content from the Service and immediate termination of the User’s account with or without ability to access the Service, upon any breach by the User of this Agreement or if “Asian Institute of Oncology” is unable to verify or authenticate any information the User submits to “Asian Institute of Oncology”, or if the User fails to provide (or after providing such consent, later revokes) the consents necessary or desirable for “Asian Institute of Oncology” to provide the Services to the User.

8.7 This Agreement and any contractual obligation between “Asian Institute of Oncology” and User will be governed by the laws of India, subject to the exclusive jurisdiction of Courts in Bangalore.

8.8 All disputes will be subject to arbitration in Mumbai in English by a single arbitrator appointed by “Asian Institute of Oncology” under the Arbitration and Conciliation Act, 1996.

8.9 Even after termination, certain obligations mentioned under Covenants, Liability, Indemnity, Intellectual Property, Dispute Resolution will continue and survive termination.

8.10 Any amendment in these Terms shall replace all previous versions of the same.

Severability & Waiver Contact Informations

9.1 If any provision of this terms of use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

Contact Information

10.1 If any User has any question, issue, complaint regarding any of our Services, please contact our customer service at support@”Asian Institute of Oncology”.com.

10.2 If a User has any questions concerning “Asian Institute of Oncology”, the Website, this Agreement, or anything related to any of the foregoing, “Asian Institute of Oncology” can be reached at the following e-mail address.