Terms & Conditions
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 â€œAsian Institute of Oncologyâ€ 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 â€œSPI Rulesâ€), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the â€œIG Rulesâ€).
2.4 A condition of the Userâ€™s use of and access to the Website and the Software available through the Website provided by â€œAsian Institute of Oncologyâ€ to Users (together with the Website, the â€œServicesâ€) is the Userâ€™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.
2.6 â€œAsian Institute of Oncologyâ€ 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, “â€œAsian Institute of Oncologyâ€ Content”), are the property of â€œAsian Institute of Oncologyâ€ and are protected under copyright, trademark and other laws. User shall not modify the â€œAsian Institute of Oncologyâ€ Content or reproduce, display, publicly perform, distribute, or otherwise use the â€œAsian Institute of Oncologyâ€ 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 â€œAsian Institute of Oncologyâ€. Both the Practitioner and â€œAsian Institute of Oncologyâ€ 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.
Services and use of Website
3.1 â€œAsian Institute of Oncologyâ€ provides Software through the Website, a practice management solutions as a Software as a Solution (SaaS) model.. â€œAsian Institute of Oncologyâ€ is not responsible for and does not deal with any of Practitionersâ€™ 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 â€œAsian Institute of Oncologyâ€ 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 â€œAsian Institute of Oncologyâ€, for providing Services to User and enabling User to use those Services only. â€Asian Institute of Oncologyâ€ does not transfer either the title or the intellectual property rights to the Software, and â€œAsian Institute of Oncologyâ€ (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 â€œAsian Institute of Oncologyâ€â€™s direct competitor, except with â€œAsian Institute of Oncologyâ€â€™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 â€œAsian Institute of Oncologyâ€â€™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 Userâ€™s compliance with such limitations.
3.4 Notwithstanding anything to the contrary contained herein, Practitioner alone shall be liable for Practitionerâ€™s dealings and interaction with Patients contacted or managed through the Services and â€œAsian Institute of Oncologyâ€ shall have no liability or responsibility in this regard. â€œAsian Institute of Oncologyâ€ 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 â€œAsian Institute of Oncologyâ€ may, at its sole discretion, suspend Userâ€™s ability to use or access the Website at any time while â€œAsian Institute of Oncologyâ€ investigates complaints or alleged violations of this Agreement, or for any other reason.
3.6 â€œAsian Institute of Oncologyâ€ 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 â€œAsian Institute of Oncologyâ€ immediately for rectifications. â€œAsian Institute of Oncologyâ€ 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. â€œAsian Institute of Oncologyâ€ 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 â€œAsian Institute of Oncologyâ€ or when Practices do not read emails sent by â€œAsian Institute of Oncologyâ€ in timely manner. â€œAsian Institute of Oncologyâ€ shall have no liability or responsibility in this regard.
3.8 While â€œAsian Institute of Oncologyâ€ makes every feasible effort to ensure a confirmed appointment for a Patient who requested an appointment on Website, â€œAsian Institute of Oncologyâ€ does not guarantee that it will get a confirmed appointment. Further, â€œAsian Institute of Oncologyâ€ 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 (â€œSpecific Termsâ€). 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 â€œAsian Institute of Oncologyâ€ 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 â€œAsian Institute of Oncologyâ€ 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
- 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 â€œAsian Institute of Oncologyâ€ will disclose such information.
- 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 â€Asian Institute of Oncologyâ€ 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 â€œAsian Institute of Oncologyâ€ or any other person acting on behalf of â€œAsian Institute of Oncologyâ€.
4.7 The User is responsible for maintaining the confidentiality of the Userâ€™s account access information and password. The User shall be responsible for all usage of the Userâ€™s account and password, whether or not authorized by the User. The User shall immediately notify â€œAsian Institute of Oncologyâ€ of any actual or suspected unauthorized use of the Userâ€™s account or password. Although â€œAsian Institute of Oncologyâ€ will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of â€œAsian Institute of Oncologyâ€ 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 â€œAsian Institute of Oncologyâ€ has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, â€œAsian Institute of Oncologyâ€ has the right to discontinue the Services to the User at its sole discretion.
4.9 â€Asian Institute of Oncologyâ€ may use information stored in its Services from time to time for the purposes of debugging customer support related issues.
5.1 As mandated by Regulation 3(2) of the IG Rules, â€œAsian Institute of Oncologyâ€ 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 â€œAsian Institute of Oncologyâ€ 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 â€œAsian Institute of Oncologyâ€.
- 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 â€œAsian Institute of Oncologyâ€ Content or other information available from the Website.
- Framing or hotlinking or deeplinking any â€œAsian Institute of Oncologyâ€ Content.
5.3 â€œAsian Institute of Oncologyâ€, 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. â€œAsian Institute of Oncologyâ€ shall be entitled to preserve such information and associated records for at least 90 (ninety) days for production to governmental authorities for investigation purposes.
6.2 The User shall not hold â€œAsian Institute of Oncologyâ€ responsible or liable in any way for any disclosures by â€œAsian Institute of Oncologyâ€ under Regulation 6 of the SPI Rules.
6.3 The Services provided by â€œAsian Institute of Oncologyâ€ 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). â€œAsian Institute of Oncologyâ€ does not provide or make any representation, warranty or guaranty, express or implied about the Website or the Services. â€œAsian Institute of Oncologyâ€ 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 Userâ€™s use or reliance upon the Website, the Services, the â€œAsian Institute of Oncologyâ€ 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 â€œAsian Institute of Oncologyâ€ or any User in relation to any User or services provided by such User.
6.4 â€Asian Institute of Oncologyâ€ 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 Practiceâ€™s business transactions with Patients.
6.5 The Website may be linked to the website of third parties, affiliates and business partners. â€œAsian Institute of Oncologyâ€ 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 â€œAsian Institute of Oncologyâ€ endorses the linked site. User may use the links and these services at Userâ€™s own risk.
6.6 â€œAsian Institute of Oncologyâ€ assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect Userâ€™s equipment on account of Userâ€™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, Userâ€™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 â€œAsian Institute of Oncologyâ€ representatives or agents, and their opinions or statements do not necessarily reflect those of â€œAsian Institute of Oncologyâ€, and they are not authorized to bind â€œAsian Institute of Oncologyâ€ to any contract. â€œAsian Institute of Oncologyâ€ 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 Patientsâ€™ comments and feedbacks. In no event shall the protected entities be liable or responsible for the listing order of Practitioners on the Website.
7.1 User agrees to indemnify and hold harmless â€œAsian Institute of Oncologyâ€, 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. â€œAsian Institute of Oncologyâ€ 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 â€œAsian Institute of Oncologyâ€ at any time by providing 30 (thirty) daysâ€™ prior written notice to support@â€Asian Institute of Oncologyâ€.com. We need this period to inactivate Userâ€™s account, only after verifying if there are any ongoing or pending Services or payments. â€œAsian Institute of Oncologyâ€ 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 â€œAsian Institute of Oncologyâ€ for any Services for which the User has procured.
8.3 â€œAsian Institute of Oncologyâ€ reserves the right to terminate any account in cases:
- â€Asian Institute of Oncologyâ€ is unable to verify or authenticate any information provide to â€œAsian Institute of Oncologyâ€ by a User or
- â€Asian Institute of Oncologyâ€ believes in its sole discretion that Userâ€™s actions may cause legal liability for such User, other Users or for â€œAsian Institute of Oncologyâ€ 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 Userâ€™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, â€œAsian Institute of Oncologyâ€ will make available to the User for download a copy of such Userâ€™s data in comma separated value (.csv) format. After such 30 (thirty) days period, â€œAsian Institute of Oncologyâ€ shall have no obligation to maintain or provide any of such Userâ€™s data and shall thereafter, unless legally prohibited, delete all Userâ€™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 â€œAsian Institute of Oncologyâ€ reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of the Userâ€™s content from the Service and immediate termination of the Userâ€™s account with or without ability to access the Service, upon any breach by the User of this Agreement or if â€œAsian Institute of Oncologyâ€ is unable to verify or authenticate any information the User submits to â€œAsian Institute of Oncologyâ€, or if the User fails to provide (or after providing such consent, later revokes) the consents necessary or desirable for â€œAsian Institute of Oncologyâ€ to provide the Services to the User.
8.7 This Agreement and any contractual obligation between â€œAsian Institute of Oncologyâ€ 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 â€œAsian Institute of Oncologyâ€ 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
10.1 If any User has any question, issue, complaint regarding any of our Services, please contact our customer service at support@â€Asian Institute of Oncologyâ€.com.
10.2 If a User has any questions concerning â€œAsian Institute of Oncologyâ€, the Website, this Agreement, or anything related to any of the foregoing, â€œAsian Institute of Oncologyâ€ can be reached at the following e-mail address.