1. Nature and Extent:
1.1 This Term and Conditions of User Agreement (Agreement) between you and healthy rabbit operating through its website www.healthyrabbit.in sets forth the general terms and conditions governing your use of the www.healthyrabbit.in website and the products and services available on the Site. By accessing or using the services, you agree to be bound by the terms and conditions of this agreement. If you do not wish to be bound by this agreement, you may not access or use the www.healthyrabbit.in website.
1.2 Below are the terms that apply to all users of www.healthyrabbit.in products and services. www.healthyrabbit.in provides you with secure, safe online storage for your important personal health including family members, medical records, and other services on the basis of plan you have subscribed. You should familiarize yourself with these terms because they establish your rights and responsibilities as a subscriber to use our service on the website. We understand that the privacy and security of your personal records are important, and we use some of the most advanced security technology available that is appropriate to protect that privacy. However, please keep in mind that your records are only secure if you protect your password and change your password frequently.
1.3 The Effective Date of this Agreement shall be the date on which the user registers with the www.healthyrabbit.in site subject to payment of applicable fees, a user and the family users included in the User's Account, if any, shall be entitled to access and use the www.healthyrabbit.in site for a term as subscribed, commencing on the effective date, as adjusted for any free trial period.
1.4 healthy rabbit reserves the right to modify any part of the Agreement at any time without giving you prior notice.
1.5 When We update the Agreement, the next time You visit the Website, the Website will provide a message to you (which may be sent by email if You have provided Your Email Id) which will intimate You of the amendments. You do not agree to the amendments, please do not use the Website any further.
1.4 As used in this agreement, the terms "healthy rabbit", “ww.healthyrabbit.in”, "we", "us" or "our" refer to healthy rabbit.
1.5 The www.healthyrabbit.in website (the "Site") is an on-line information and communications service provided by healthy rabbit that contains health and health-related information about an individual or multiple related individuals that is submitted and/or entered by healthcare providers, healthcare organizations, and/or the individual and/or his or her designee.
1.6 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.
1.7 By accepting this agreement 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.
1.8 Your access to use of the Website and the Services will be solely at the discretion of healthy rabbit.
1.9 The agreement is published in compliance of, and is governed by the provisions of Indian law, including but not limited to:
- The Indian Contract Act, 1872,
- The (Indian) Information Technology Act, 2000, and 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 “SPI Rules”), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”).
2.1 "User" shall mean an individual who executes or enters into this agreement with healthy rabbit to maintain and store health-related information in a personal user account that may be accessed on www.healthyrabbit.in, or who accepts the terms and conditions set forth in this Agreement so as to be able to access and/or use the www.healthyrabbit.in Site and acknowledges that this website is an informative platform only. healthy rabbit and this website are not in the business of providing healthcare service or hospital services. A user may access, use, store, and maintain his or her own information in the user's Account as well as the health and health-related information of family members.
2.1.1 "Personal user" is a user who obtains his/her subscription individually and not through an employer or other organization ("Member Organization") and pays for the subscription directly.
2.1.2 A "Member user" is a user who obtains its subscription through a Member Organization which pays for the subscription on behalf of the Member users.
The term "User" used hereinafter shall include both Personal user and Member user.
2.2 "Family User" shall mean an individual whose health or health-related information is stored in a user's Account and who accesses or uses the Site with the permission and at the discretion of the “User”.
2.3 "Account" shall mean the file of health-related information of a subscriber and/or his or her family members that may be accessed, stored, used, and updated only by the user and/or his or her designee(s).
2.4 "Disclosing Party" shall mean the party that is disclosing health or health-related information for inclusion in a user's Account.
3. GENERAL USE
3.1 This website www.healthyrabbit.in is restricted for only personal and non-commercial access & use. As a condition of continued use of the Site, User and Family User agree to use the Site solely in accordance with the terms and conditions set forth in this Agreement, as amended from time to time without notice. Any violation to the usage as stipulated in this terms & condition will be considered as breach of this agreement and healthy rabbit may invoke all legal and other recourse available.
4. RIGHT TO USE
4.1 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 healthy rabbit 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.
4.2 healthy rabbit hereby grants to the user and family user the right to access, view, and use the Site, subject to the terms and conditions of this Agreement. healthy rabbit reserves the right to add new features to the Site and remove current features from the Site without prior notice. The user and/or a family User may download and/or print a copy of the information stored in their respective accounts from the site for personal use only and, when appropriate and should not be used for any other purpose.
5. SITE CONTENT AND GENERAL INFORMATION
5.1 healthy rabbit neither practices medicine nor dispenses medical services.
5.2 The content on the www.healthyrabbit.in site and in user's accounts, including but not limited to, text, graphics, and images, information obtained from third parties, links, and other material ("Content") is intended for informational and educational purposes only.
5.3 The content on the www.healthyrabbit.in site should not be considered medical or health advice. Nothing on the Site is intended to be used for medical diagnosis or treatment, or to suggest a course of treatment for a particular Subscriber or User. The content is not intended to be a substitute for professional medical advice, diagnosis, or treatment unless specifically advised.
5.4 healthy rabbit does not have the obligation to pre-screen or monitor User Content, Lab Content or Health Care Provider Content at any time. However healthy rabbit may elect to monitor any User Content or Health Care provider Content and remove any User Content and Health care Provider Content from the Website if healthy rabbit determines in its sole discretion that such User Content and/or Health Care Provider Content is in violation of this Agreement or any applicable law and best practices. Where healthy rabbit removes any User Content or HCP Content from the Website, healthy rabbit will make reasonable efforts to inform the User or HCP who had posted such User Content or HCP Content respectively. Such actions do not in manner negate or dilute healthy rabbit's position as an intermediary or impose any liability on healthy rabbit with respect to User Content and/or HCP Content.
5.5 User and Family User should never disregard professional medical advice or treatment or delay seeking professional medical advice or treatment because of the information provided on the www.healthyrabbit.in site. The content on the www.healthyrabbit.in site should not be used in place of a visit, call, consultation, or advice to, with, or from a qualified healthcare provider, including a personal physician.
5.5 User and Family User should never disregard professional medical advice or treatment or delay seeking professional medical advice or treatment because of the information provided on the www.healthyrabbit.in site. The content on the www.healthyrabbit.in site should not be used in place of a visit, call, consultation, or advice to, with, or from a qualified healthcare provider, including a personal physician.
5.7 healthy rabbit is not a covered entity as that term is defined in the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and is not required to comply with its requirements.
6. ACCESS TO AND USE OF THE SITE BY SUBSCRIBERS, USERS AND OTHER AFFILIATES
6.1 Access to and use of the www.healthyrabbit.in site is available on a pre-paid monthly/Quarterly/half yearly or annual subscription basis.
a. The Subscription Fee to access and use the www.healthyrabbit.in site and to establish an account is defined in the offering section of the www.healthyrabbit.in site. User may register on the www.healthyrabbit.in site as per the prescribed terms. Member users are provided a Monthly/Quarterly/half yearly/annual Subscription during the term of their relationship with healthy rabbit.
b. Depending upon subscription period, the user shall be entitled to access and use the www.healthyrabbit.in site for respective period from the date of registration provided the user and any family users of the user's account remain in compliance with the terms and conditions of this agreement.
c. This agreement will be automatically renewed at the end of the initial term and at the end of each automatic renewal term thereafter, unless this agreement is terminated in accordance with Clause and sub-clauses of paragraph 8 herein. Users will have to make payment for applicable subscriptions fees within timeline in order to have continued services on www.healthyrabbit.in site. healthy rabbit reserves rights to stop access to user (including family users) account including all other services on website in case of any delay or non-payment of subscription fees including fees applicable on renewing of accounts.
6.2 healthy rabbit points
6.2.1 healthy rabbit may in its discretion award healthy rabbit Points from time to time without any prior notice.
6.2.2 healthy rabbit Points can not be redeemed as cash. healthy rabbit points cannot be transferred to a wallet or to a bank account or to another healthy rabbit account.
6.2.3 healthy rabbit Points can be applied on selected services or products available to healthy rabbit customers during checkout.
6.2.4 healthy rabbit may in its discretion change the list of services on which healthy rabbit Points can be applied from time to time without any prior notice.
6.2.5 healthy rabbit Points can not be transferred from one account to another.
6.2.6 Upon cancellation of services or purchase only the amount paid by user (after adjusting healthy rabbit points) will be refunded. healthy rabbit Points will not be refunded once they have been applied on a transaction.
6.2.7 healthy rabbit may in its discretion add or remove the number of points associated with your account from time to time without any prior notice.
6.2.8 healthy rabbit may in its discretion modify applicability of points from time to time without any prior notice.
6.2.9 healthy rabbit Points may be clubbed with extra discount for selected services or products.
6.2.10 healthy rabbit may in its discretion modify list of services for which healthy rabbit Points can be clubbed with discounts from time to time without any prior notice.
6.2.11 The amount of discount associated with application of healthy rabbit Points could vary from service to service.
6.2.12 healthy rabbit may in its discretion modify the amount of discount associated with application of healthy rabbit Points for various services from time to time without any prior notice.
6.2.13 healthy rabbit Points awarded to a particular user can be utilized for specific period of time, appearing at user's profile. Any unutilized healthy rabbit Points will automatically exhaust on expiry of period.
6.2.14 healthy rabbit may in its discretion modify expiry period of healthy rabbit Points from time to time without any prior notice.
6.3 Each user and family user may enter or upload, maintain, and store information, including copies of documents, records, images, and information submitted to the subscriber by healthcare providers or other healthcare organizations, to a personal, secure, and unique account established for the subscriber. healthy rabbit, or a third party acting on behalf of healthy rabbit, will electronically store and maintain Subscribers' Accounts on servers at healthy rabbit or at the site of a third party acting on healthy rabbit's behalf. The availability of the functionality will entirely depend on the plan subscribed by you and some features / functionality may or may not be available depending on such plan subscribed by you.
6.4 Each user account can be tailored by the user to upload, maintain, and store health and health-related information for one or more members of the user's family for access and use by the user and the family members on the user's Account.
6.5 Whenever a user's information is submitted to or entered in the user's account, that information will be communicated under secured environment However, healthy rabbit cannot and will not responsible against loss, misuse or alteration of user's personal information by third parties; or access to Subscribers' Accounts will be uninterrupted.
- The family user on the user Account
- The user's designee;
- Healthcare service providers;
- Other healthcare organizations;
- Other third parties; or
- Member Organizations, whether or not acting on the user's behalf.
6.7 The users hereby grants healthy rabbit or its group companies or its affiliates, its employees, officers, directors, agents, and contractors, and all other persons or entities involved in the operation of healthy rabbit or of the Site the right to access, transmit, receive, monitor, retrieve, store, maintain, and use the information in the user's Account to provide the Services and operate the Site, including but not limited to converting documents received on the user's behalf to an electronic format.
6.8 The user understands and agrees, consents, and authorizes:
6.8.1 His or her individually identifiable health information and that of any of the family users on the user's Account to be stored, entered, and maintained on the www.healthyrabbit.in site in accordance with the terms of this Agreement; and
6.8.2 The user, and anyone with the user's www.healthyrabbit.in User ID and Password, can access, view, add, revise, and/or delete information from the user's Account;
6.9 User to www.healthyrabbit.in may upload or submit by e-mail or facsimile their personal health information and medical records, X-rays and other personal medical images, and other health-related information. healthy rabbit assumes no responsibility for the quality of X-rays or other personal medical images reproduced on the www.healthyrabbit.in site or for medical decisions which are based on X-rays, EKGs, or other personal medical images archived on the www.healthyrabbit.in site. The medical records submitted to healthy rabbit will not be returned. healthy rabbit also does not take responsibility for the loss of data or images on the website due to any reason whatsoever. healthy rabbit also does not take responsibility for the loss or damage cause to you for any loss of data or error in uploading the details or any financial / other loss caused due to any error / issue on our part.
6.11 healthy rabbit reserves the right the use the information provided by you in healthy rabbit through off-line or online mode for selling / marketing or for any other means for selling its product or services by sending emails/SMS or call. You are completely aware of the fact and you hereby providing your concurrence to healthy rabbit for sending all promotional offers / activities by way of any mode of communication.
6.12 User is aware that healthy rabbit will share the reports or information uploaded by the User on this website with the doctor's registered with Us. User hereby agrees and provides authority to healthy rabbit in sharing such information to doctors registered with healthy rabbit and healthy rabbit should not be held responsible for any misuse of such information by any business affiliates or employees or doctors. However healthy rabbit will try to keep all your information in a secured manner.
6.13 healthy rabbit will provide an online medical practice management application system to its doctors and your information or reports uploaded on the www.healthyrabbit.in website will be accessible to doctors registered with us. healthy rabbit registered doctors can also prescribe medicine or treatment using our platform and all such prescription of medicine or treatment will be sole responsibility of such Doctor. healthy rabbit cannot be held responsible for any loss / damage or medical issue may caused to you due to such advice by healthy rabbit empanelled doctors.
6.14 If User has subscribed for any functionality or featured defined under the plan in "Offering" section, healthy rabbit will try its best to provide/ avail the same subject to its availability. In case practically or for any reason such service is not available, healthy rabbit should be held responsible for any financial or loss or any kind of damages cause to you directly or indirectly. For example: - if a question is asked to any one of the healthy rabbit expert panel of the doctors and if the relevant doctor is not available, healthy rabbit has all the right to convey for the non-availability of doctor for the time being and cannot be compelled to provide the service in such a situation.
6.15 In case any false or misleading information is provided by the User on our website, client himself will be responsible for any advice on the basis of such information provided or uploaded by the client.
7. ‘USERS’ AND ‘FAMILY USERS’ RESPONSIBILITIES
7.1 User and Family User agree:
7.1.1 To maintain all equipment required for access to and use of the www.healthyrabbit.in site, other than equipment owned or operated by healthy rabbit or its affiliates, franchise and vendors;
7.1.2 To maintain the security of User IDs, Passwords, and other confidential information relating to the user's www.healthyrabbit.in account;
7.1.3 Not to introduce onto the Site or to users of the Site, directly or indirectly, computer viruses, worms, Trojan horses or other code that manifests or could potentially manifest contaminating or destructive properties;
7.1.4 As to Personal user and family users, to be responsible for all charges resulting from the access and use of the user's Account, including unauthorized access and use;
7.1.5 To notify healthy rabbit as soon as reasonably practicable of any real or suspected unauthorized use of the User's Account;
7.1.6 To comply with instructions provided by healthy rabbit for using, maintaining, or correcting the User's Account; and
7.2 Each User and Family User is responsible for the communications submitted to or entered into the user's Account and their access and use of the www.healthyrabbit.in site. A User, Family User, and/or a User's designee may not, under any circumstances, do any of the following:
7.2.1 Transmit any information that is libelous or defamatory;
7.2.2 Transmit any message, data, image or program that is indecent, obscene or pornographic;
7.2.3 Transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyright materials, trade secrets or other confidential proprietary information and trademarks or service marks used in an infringing manner;
7.2.4 Send e-mails to other Users of the www.healthyrabbit.in site for any purpose other than personal communication;
7.2.5 Intercept or attempt to intercept the transmission of files or other private communications not intended for the user; Use the www.healthyrabbit.in sites to threaten, harass, stalk, abuse or otherwise violate the legal rights, including rights of privacy and publicity, of others;
7.2.6 Upload information, documents, and/or files that contain viruses, worms, trojan horses, corrupted data or other code that manifests or potentially could manifest contaminating or destructive properties;
7.2.8 Use the www.healthyrabbit.in site to advertise or offer, on an unsolicited basis, to sell goods or services to other Subscribers or Users or use the Site for purposes of distributing unsolicited messages to one or more individuals;
7.2.9 Use the www.healthyrabbit.in site in such a manner as to adversely affect the availability of its resources to others; Falsely or fraudulently purport to be an employee or agent of healthy rabbit;
7.2.10 Cause disruptive incidents;
7.2.11 Fail to comply with applicable laws and regulations while using or accessing the www.healthyrabbit.in site;
7.2.12 Post or transmit any message or information that is harmful, threatening, abusive or hateful. healthy rabbit reserves the right to take such action as it deems appropriate in cases where the www.healthyrabbit.in site is used to disseminate statements that are deeply and widely offensive and/or harmful.
7.3 Each time a User or Family User uploads or posts information, data, document, or file to the www.healthyrabbit.in site, the user or family user, as applicable, represents and warrants that he or she owns or otherwise controls the rights to the information, data, document, or file, or that he or she has the necessary consent to upload or post it. User hereby agrees and ensures that the data uploaded in our system is solely for personal use and user should not be uploading any data which is prohibited by rules & regulation of any country or government.
7.4 You represent and warrant that you are at least 18 years of age and that you possess the legal right to enter into this Agreement and to use the www.healthyrabbit.in site in accordance with this Agreement.
7.5 As to Personal Subscribers, you agree to be financially responsible for the use of the www.healthyrabbit.in site and for use of your Account by others, including minors for whom you have responsibility and/or who are living with you and for other immediate family members living with you.
7.6 You further understand and agree to comply with the responsibilities and obligations as set forth in this Agreement, and you understand and agree that failing to comply with any of the foregoing limitations or obligations may result in civil or criminal liability.
8.1 Either party may terminate the user's right to use the Site and/or his or her Account and participation under this Agreement at any time, with or without cause, by giving notice to the other party no later than thirty (30) working days prior to the end of the Initial or any Renewal Term. In the case of a Member user, this Agreement will terminate upon the Member user ceasing its affiliation with the Member Organization. The Member user may elect to continue receiving Services as a Personal user, in which case the obligations of Personal user will apply, including without limitation, the payment of applicable fees.
8.2 Notwithstanding anything to the contrary in this Agreement, healthy rabbit shall have the right to immediately terminate this Agreement or suspend a User's Account in the event that healthy rabbit determines, in its sole discretion, that a user or a family user of the user's Account has violated a material provision of this Agreement, including failing to make timely payment for the right to access and use the Site.
8.3 The Termination of this Agreement shall not affect any provision of this Agreement which, by its wording or its nature, is intended to remain effective and to continue to operate in the event of termination of this Agreement and shall not prejudice or affect the rights of any party against another in respect of any breach of the terms and conditions of this Agreement. Notwithstanding the foregoing provisions of Sections 8 (Copyright), 10 (Indemnification), 11 (Waiver, Release and Limitation of Liability), and 12 (Miscellaneous) shall survive Termination of this Agreement.
8.4 In the case of the user, the excess, if any, of the subscription fees paid over the monthly subscription cost for each of the elapsed months, both full and/or partial, from the most recent starting date of the Subscription, shall be refunded to the user. No refund will be provided for the month in which the Agreement is terminated.
10. healthy rabbit AND WEBSITE OPERATIONS
10.1 healthy rabbit has complete and sole discretion over the operation of the www.healthyrabbit.in site. healthy rabbit may, among other things:
a) Delete images and/or personal health records in the event a user fails to make subscription fees on time;
c) withdraw, suspend or discontinue any functionality or feature of the www.healthyrabbit.in site without prior notice.
10.2 healthy rabbit shall maintain technological systems, policies, and procedures to guard against unauthorized access to information that is transmitted electronically, including encryption and/or appropriate technical security mechanisms.
10.3 healthy rabbit shall not use, disclose, or process the information submitted for inclusion in a User's Account except to the extent necessary to share with third parties for the providing services, proper management and administration of the information or in order to meet statutory responsibilities of HEALTHY RABBIT. User and Family users are encouraged to use discretion while browsing the Internet on searches initiated from the www.healthyrabbit.in site. User and family users understand that the www.healthyrabbit.in site may link unintentionally to sites containing information that some people may find inappropriate or offensive. Links may also lead to sites that contain inaccurate information, false or misleading advertising, or information that violates copyright, libel or defamation laws.
10.4 healthy rabbit makes no representations concerning any effort to review any or all of the content of sites for which links are provided on the www.healthyrabbit.in site. healthy rabbit does not in any way operate, control or endorse any information, products or services provided by third parties through the Internet.
10.5 Clicking on a link on the www.healthyrabbit.in site which directs the Subscriber or User to an off-Site page or to another site is at the user's or family user's own risk and subject to the terms and conditions of use of such sites.
10.6 healthy rabbit cannot and will not review communications and materials posted or uploaded to the www.healthyrabbit.in site for accuracy or completeness and are not responsible for the content of such communications and materials.
10.7 The inclusion of any link on the www.healthyrabbit.in site does not imply an endorsement by healthy rabbit of any information, products, or services offered by the linked website, but is for Website users and family users' reference and convenience only.
10.8 healthy rabbit reserves the right to remove or block communications or materials that healthy rabbit determines, in its sole discretion to:
a) Be abusive, libelous, defamatory or obscene,
b) Be fraudulent, deceptive or misleading,
c) Violate a copyright or trademark or other intellectual property right of another,
d) Contain or have attached a program, virus, worm, or other device or code that could pose a security risk to healthy rabbit or the www.healthyrabbit.in site, or
e) Be offensive or otherwise unacceptable to healthy rabbit.
11.1 All content on the www.healthyrabbit.in site, including but not limited to, all graphs, graphics, photographs, text, sounds, data, and audio and video clips, is the exclusive property of healthy rabbit, its licensors, or its content suppliers, and is protected by India copyright laws. The compilation, collection, selection, arrangement, assembly and coordination of all content available on the Site is the exclusive property of healthy rabbit and protected by India and international copyright laws.
11.2 healthy rabbit shall be entitled to have non-exclusive possession of the information submitted to or entered into a user's account subject to the terms of this Agreement. The right to possess such information shall be automatically terminated upon the termination of this Agreement, unless
a) Otherwise agreed to in writing; or
b) Return or destruction of the information is not feasible, in which event the right of possession shall be limited to possession for the purpose(s) which make return or destruction of the information not feasible.
11.3 Information on the www.healthyrabbit.in site may be displayed, reformatted, and/or printed for the user's or family user's personal, non-commercial use only. Information on the www.healthyrabbit.in site may not be reproduced, retransmitted, distributed, disseminated, sold, published, broadcast, or circulated to or for anyone. Any copy made of information obtained through the www.healthyrabbit.in site must include the copyright notice. The www.healthyrabbit.in site and any additional sites that are owned or controlled by healthy rabbit are trademarks of healthy rabbit and are protected by laws. Any unauthorized use of trademarks appearing on the Site may constitute a violation of law, which could result in both civil and criminal penalties.
12. DISCLAIMER; NO WARRANTIES
12.1 healthy rabbit shall not be responsible for any breach of service or service deficiency by any Lab.
12.2 The www.healthyrabbit.in site is provided "as is" and "as available" without warranty of any kind, either express or implied, including but not limited to, warranties of merchantability, fitness for a particular use or purpose, title, infringement, accuracy, reliability, completeness, timeliness, usefulness, adequacy or suitability of the content.
12.3 healthy rabbit cannot and will not warrant against human and machine errors, omissions, delays, interruptions or losses, including loss of data or inability to access data. Further, healthy rabbit cannot and does not warrant or guarantee that the functions or services performed on the www.healthyrabbit.in site will be uninterrupted or error-free, or that defects in the www.healthyrabbit.in site will be corrected.
12.4 healthy rabbit cannot and will not guarantee that any one or all of your healthcare providers will transmit all or any portion of your medical records or other health information. You should not rely exclusively on the healthy rabbit content to describe accurately and completely your past, present, or future physical or mental health or condition or the provision of health care to you.
12.5 healthy rabbit will not independently and separately verify the truth and accuracy of information supplied by your healthcare providers or entered by you. Information that is submitted by your healthcare providers or entered by you or your designee will be considered by healthy rabbit as accurate and complete. You and your healthcare providers are solely responsible for identifying and correcting any and all errors in information stored by healthy rabbit on your behalf.
12.6 User and family users of the www.healthyrabbit.in site are solely responsible for
a) Implementing and maintaining adequate procedures and checkpoints to satisfy their particular requirements for accuracy of data input and output and
b) Maintaining a means external to healthy rabbit for the reconstruction of any lost data.
12.7 User understands and agrees that information communicated to or otherwise entered in the www.healthyrabbit.in site will be communicated over local exchange, interexchange and internet backbone carrier lines and through routers, switches and other devices owned, maintained and serviced by third party service providers and long distance carriers, utilities, internet service providers and others, all of which are beyond the control of healthy rabbit therefore healthy rabbit cannot and will not assume any liability for or related to the delay, failure, interruption, interception or corruption of any data or other information communicated to or entered in the www.healthyrabbit.in site
12.8 healthy rabbit cannot and will not guarantee or warrant that files available for downloading from this site will be free of infection by viruses, worms, trojan horses or other code that manifest contaminating or destructive properties.
12.9 healthy rabbit cannot and will not assume any liability for any of the content on the site. Reliance on any information presented on the site is at the user's own risk. healthy rabbit reserves the right to change or discontinue any aspect or feature of the site from time to time without notice.
12.11 Information entered by a user or family user or provided by his or her healthcare providers and organizations will be used by healthy rabbit only for the following purposes:
12.11.1 Providing user and family users the ability to access and use the www.healthyrabbit.in site via a valid user id and passwords.
12.11.2 Providing use of a user's & family users account to health care providers or healthy rabbit's other business partners in order to facilitate various services to users and family users.
12.11.3 As necessary for the proper management and administration or in order to carry out the legal responsibilities of healthy rabbit.
12.11.4 healthy rabbit cannot and will not be liable for the authorized or unauthorized use, misuse, and/or disclosure of information that is stored and/or maintained in a user's account.
13.1 You agree to indemnify, defend, protect, release, and hold healthy rabbit, its officers, directors, employees, agents, and its affiliates, Information Providers, and Suppliers and their respective officers, directors, agents, and employees harmless from and against any and all losses, expenses, damages to persons or property, injuries or deaths of persons, liability, claims, liens, demands, and causes of action, including claims of infringement of copyright, trademark, or other intellectual property rights, and including the amounts of judgments, penalties, interest, court costs, and legal fees including reasonable attorney's fees incurred by healthy rabbit, its affiliates or their respective officers, agents, and employees in defense of same ("Claims") arising in favor of any person, corporation, or other entity, including the parties hereto and their employees, contractors, and agents in connection with this Agreement or any activity related to Your Account or Your use of the www.healthyrabbit.in site. You understand and agree that such indemnity shall apply regardless of whether the Claims arise in whole or in part from the actual or alleged sole, comparative, concurrent, active, passive, contributory or gross negligence of healthy rabbit, its affiliates and their respective officers, directors, agents, and employees or by you or any other person accessing and/or using the Site and/or your Account.
14. WAIVER, RELEASE AND LIMITATION OF LIABILITY
14.1 You agree that neither healthy rabbit nor its officers, directors, employees, and agents, nor its affiliates, Information Providers, or Suppliers and their respective officers, directors, employees, and agents shall have any liability to you under any theory of liability or indemnity in connection with, arising out of, or in any way incident to this Agreement or any activity related to your Account or your access or use of the www.healthyrabbit.in site. You hereby release and forever waive any and all claims you may have against healthy rabbit, its officers, directors, employees, and agents and its affiliates, Information Providers, and Suppliers and their respective officers, directors, employees, and agents for losses or damages you sustain in connection with your use of the www.healthyrabbit.in site.
14.2 Notwithstanding the foregoing paragraph, the total collective liability of healthy rabbit, its officers, directors, employees, and agents, and its affiliates, Information Providers, and Suppliers and their respective officers, directors, employees, and agents, if any, for losses or damages shall not exceed the fees paid during one (1) calendar year by the user for the particular information or service provided. All other damages, direct or indirect, special, incidental, consequential or punitive, including but not limited to, lost profits or damages resulting from lost data or business interruption arising from any use of or inability to use any Content or other parts of the www.healthyrabbit.in site, are hereby excluded even if healthy rabbit, its officers, directors, employees, and agents and its affiliates, Information Providers, and Suppliers and their respective officers, directors, employees, and agents have been advised of the possibility of such damages.
15. GOVERNING LAWS AND JURISDICTION
15.1 The interpretation of this Agreement and the resolution of any disputes arising under this Agreement shall be governed by the laws of India.
Any dispute, claim or controversy arising out of or relating to this notice or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this Agreement to arbitrate, or to Your use of the Website or its features or the information to which it gives access, shall be determined by arbitration in Dehradun, Uttarakhand, India, before a single arbitrator in accordance with the Arbitration and Conciliation Act, 1996 (as amended), which is deemed to be incorporated by reference into this Agreement. The venue of such arbitration shall be Dehradun, Uttarakhand, India. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the Parties .
The Parties shall have the right to apply to a court of competent jurisdiction to obtain interim injunctive relief in respect of any dispute, pending resolution of such dispute in accordance with the Agreement.
16.1 Applicable Law:- This Agreement is governed by and is to be construed according to the laws of the Uttarakhand, without regard to that State's conflicts of law principals and the applicable laws of India.
16.2 Third Party Rights:- The provisions of paragraphs 10 (Indemnification) and 11 (Waiver, Release and Limitation of Liability) are for the benefit of healthy rabbit and its officers, directors, employees, and agents, and its affiliates, Information Providers, Suppliers, and their respective officers, directors, employees, and agents. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
16.3 Notices: All notices and other communications required or permitted hereunder to be given to a Party shall be in writing, in the English language, and shall be sent by facsimile, e-mail, or mailed by prepaid internationally-recognized courier, or otherwise delivered by hand or by messenger, addressed to such Party's address as set forth below or at such other address as the Party shall have furnished to the other Party in writing in accordance with this provision:
If to healthy rabbit:
If to You:
at the email address provided by You to us when You registered as a healthy rabbit User.
16.4 Non-waiver:- healthy rabbit's failure to insist upon or enforce strict performance of any provision of this Agreement or to exercise any rights herein shall not be construed as a waiver of any provision or relinquishment to any extent of healthy rabbit's right to assert or rely upon such provisions or rights on any future occasion. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement.
16.5 Assignment:-healthy rabbit may assign its rights and obligations under this Agreement to any party at any time without notice. Commencing immediately upon such assignment, healthy rabbit shall be relieved of any further obligation hereunder.
16.6 Severability:- The provisions of this Agreement are severable, and in the event any provision hereof is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions hereof, but such invalid or unenforceable provision shall be deemed modified to the extent necessary to render it valid or enforceable, preserving to the fullest extent permissible the intent of the parties set forth herein.
16.7 Amendments:-healthy rabbit reserves the right to amend this Agreement from time to time without notice. Such Amendment shall be effective immediately upon either posting the Amendment or this Agreement as amended. healthy rabbit may put up latest amended agreement on the website- www.healthyrabbit.in for user reference. A user's or family user's continued access to or use of the www.healthyrabbit.in Site shall be deemed the user's conclusive acceptance of any and all Amendments and the most current amended Agreement.
16.8 Force Majeure: Neither Party will be liable for any performance failure or delay for any cause beyond that Party's reasonable control.
16.9 Entire Agreement: This Agreement, as amended from time to time, constitutes the entire agreement and understanding between the parties with respect to the services, responsibilities, and obligations specified and agreed upon in this agreement and supersede all prior oral or written agreements and understandings between the parties with respect to such services, responsibilities, and obligations.
16.10 Sharing of Information:
16.10.1 healthy rabbit reserves right to share client's all information or reports uploaded on www.healthyrabbit.in website for its own or for its family member to any of the its affiliated companies or group companies or its sourcing agent or all the doctors registered with us and client confirms and hereby agrees to no objection on this front.
16.10.2 healthy rabbit hereby notifies and User hereby agrees that clients confidential information can be used for all kind of promotional offering of healthy rabbit and its group companies or associates parties and "Do No disturb" clause will not be applicable in such case.