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TERMS & CONDITIONS

Harbour Medical Technologies Pvt Ltd welcomes you to their portal www.medharbour.com (The ''Website'') The content of the website is the property of Harbour Medical Technologies Pvt Ltd (''Harbour Medical'') has their registered office at A-180, 3rd floor, Meera Bagh, Delhi 110087. (Harbour Medical Technologies Pvt Ltd the ''Company'', ''we'' or ''us''). Kindly go through the terms & conditions (''terms'') & privacy policy before you decide to access our website. This is a legal agreement (''agreement'') between you & Harbour Medical Technologies Pvt Ltd. This agreement is applicable to you if you are

  1. A patient/ family member of the patient/ representative of the patient searching for doctors/ clinics/ hospitals on this website – www.medharbour.com (''end user'', ''you'' or ''user'')
  2. A doctor/healthcare provider who wants to be registered on our website www.medharbour.com (''practitioner'', ''you'' & ''user'')
  3. A user of this website www.medharbour.com (‘’you’’ or ‘’user’’) You acknowledge that you will be bound by this Agreement for availing any of the Services offered by us. If you do not agree with any part of the Agreement, please do not use the Website or avail any Services. Your access to use of the Website and the Services will be solely at the discretion of Harbour Medical.
    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”).

TERMS & CONDITIONS

  1. You can only use this website if you are 18 years and above and you shall agree and abide to this agreement.
  2. The terms “personal information” and “sensitive personal data or information” are defined under the SPI Rules, and are reproduced in the Privacy Policy.
  3. The website has access to your contact number and email address so we can communicate with you regarding your appointments so that we can assist you in a better way
  4. The user is responsible for the information provided by them on the website and maintains the confidentiality of their username and password and account created on the website. If it is not authorized by the user, you should immediately inform Harbour Medical support team and further actions shall be taken. Although Harbour Medical is not responsible for the loss of the information, contact, reports, shared through this online portal.
  5. Harbour Medical 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 Harbour Medical or to any other person acting on behalf of Harbour Medical.
  6. If we feel that the information provided by you is not authentic Harbour Medical has the right to delete your account and discontinue the service at Harbour Medical’s sole discretion
  7. Harbour Medical collects, directly or indirectly, and displays on the Website, relevant information regarding the profile and practice of the Practitioners listed on the Website, such as their specialisation, qualification, fees, location, visiting hours, and similar details. Harbour Medical takes reasonable efforts to ensure that such information is updated at frequent intervals. Although Harbour Medical screens and vets the information and photos submitted by the Practitioners, it cannot be held liable for any inaccuracies or incompleteness represented from it, despite such reasonable efforts.
  8. The Website may be linked to the website of third parties, affiliates and business partners. Harbour Medical has no control over, and not liable or responsible for content, accuracy, and validity, reliability, quality of such websites or made available by/through our Website. Inclusion of any link on the Website does not imply that Harbour Medical endorses the linked site. It is at the user’s own wish to use the links & services.
  9. Harbour Medical 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.
  10. Harbour Medical will try to ensure a confirmed appointment for an End-User who requested an appointment on Website, however, Harbour Medical does not guarantee that a patient will get a confirmed appointment. Further, Harbour Medical 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.
  11. Harbour Medical provides value added telephonic services & video chat which connects Users directly to the Practitioners and the information exchanged between the User and the Practitioners is stored and used in accordance with the Privacy Policy. However, it is at the discretion of the User, to avail the Service. If the user has used the telephone service or video chat, Harbour Medical reserves the right to share the contact details of the User with the Practitioners contacted.
  12. The Services of video chat available on the Website shall be provided to you via video conferencing, telephonically. Please ensure that you are equipped with proper video conferencing equipments such as a webcam and a microphone and internet connectivity to avail the Services. In case of inadequate video conferencing equipments, technical error or defective internet connectivity your appointment shall be rescheduled or cancelled. You understand and acknowledge that as the Services shall be provided remotely therefore there shall be no physical examination, direct access/ contact with the patient. The opinion delivered by the doctor/ physician shall solely be based on the verbal communication between the concerned doctor/ physician and the patient and the video evidence of any kind perceivable through video conferencing and information/medical diagnosis reports provided/ uploaded by you on the Website. Any consultation, advice or prescription given by the health practitioner during the consultation must be clinically correlated with the findings of the physical examination of the Patient.
    Harbour Medical shall not be liable for misdiagnosis/ faulty judgment/ interpretation error/ perception error resulting from (i) your failure to provide correct and/ or complete clinical information/ history about the patient in timely and clinically appropriate manner; or (ii) suppression of material facts; or (iii) your failure to provide relevant clinical information about the patient; or (iv) misinterpretation of the advice/ prescription/ diagnosis by you; or (v) failure to follow doctor's advice/ prescription by you.
  13. If you decide to engage with a Practitioner to provide medical services to you, you do so at your own risk. The results of any search you perform on the Website for Practitioners should not be construed as an endorsement by Harbour Medical of any such particular Practitioner. Harbour Medical shall not be responsible for any breach of service or service deficiency by any Practitioner. We cannot assure nor guarantee the ability or intent of the Practitioner(s) to fulfil their obligations towards you. We advise you to perform your own investigation prior to selecting a Practitioner.
  14. Harbour Medical shall not be held responsible if there is any wrong medication prescribed by the practitioner or any medical negligence on the part of the medical practitioner.
  15. Harbour Medical shall not be held responsible for Any type of inconvenience suffered by the User due to a failure on the part of the Practitioner to provide agreed services or to make himself/herself available at the appointed time, no show by the Practitioner, inappropriate treatment, or similar difficulties.
  16. Harbour Medical shall not be held responsible for any misconduct or inappropriate behavior by the Practitioner or the Practitioner’s staff.
  17. Harbour Medical shall not be held responsible for cancellation or rescheduling of booked appointment or any variance in the fees charged by the practitioner or practice.
  18. Harbour Medical shall not be held responsible for any medical eventualities that might occur subsequent to using the services of a Practitioner, whom the User has selected on the basis of the information available on the Website or with whom the User has booked an appointment through the Website.
  19. Harbour Medical shall not be liable, under any event, for any comments or feedback given by any of the Users in relation to the services provided by another User. All such feedback should be made in accordance with applicable law. The option of Users to give feedback remains at Medharour’s sole discretion and may be modified or withdrawn at its sole discretion. Harbour Medical may moderate such feedback at any time. Harbour Medical shall not be obliged to act in any manner to give effect to the content of Users’ feedback, such as suggestions for delisting of a particular Practitioner from the Website.
  20. Harbour Medical online consultation is intended for general purposes only and is not meant to be used in emergencies. The Services are not intended to be a substitute for getting in touch with emergency healthcare. If you are an End-User facing a medical emergency (either on your or another person’s behalf), please contact an ambulance service or a hospital directly.
  21. The User understands and agrees that any interactions and associated issues with the Practitioner on Harbour Medical Online Consultation including but not limited to the User’s health issues and the User’s experiences is strictly between the User and the Practitioner. The User shall not hold Harbour Medical responsible for any such interactions and associated issues. Harbour Medical is not involved in providing any healthcare or medical advice or diagnosis and hence is not responsible for any outcome between the User and the Practitioner, the User interacts with. If you decide to engage with a Practitioner to provide medical services to you, you do so at your own risk. Harbour Medical shall not be responsible for any breach of service or service deficiency by any doctor or healthcare provider
  22. You are solely responsible for the content that you choose to submit for publication on the Website, including any feedback, ratings, (“Critical Content”) relating to Practitioners or other healthcare professionals. The role of Harbour Medical in publishing Critical Content is restricted to that of an ‘intermediary’ under the Information Technology Act, 2000. Harbour Medical disclaims all responsibility with respect to the content of Critical Content, and its role with respect to such content is restricted to its obligations as an ‘intermediary’ under the said Act. Harbour Medical shall not be liable to pay any consideration to any User for re-publishing any content across any of its platforms.
  23. You agree that Harbour Medical shall contact you regarding appointments, online and offline consultation with the practitioner
  24. Harbour Medical has no obligation to review critical comments or reviews regarding practitioners or healthcare providers expect when applicable by law. You shall use the services at your own risk.
  25. Harbour Medical shall remit the fees to the Practitioner in accordance with the terms agreed between the Practitioners and Harbour Medical in the Software License and Services Agreement executed between them.
  26. Harbour Medical reserves the right to revise the fee terms at any time at their discretion.
  27. The content listed on the website is-
    • User-generated content
    • Belong to Harbour Medical
  28. The information that is collected by Harbour Medical directly or indirectly from the End- Users and the Practitioners shall belong to Harbour Medical. Copying of the copyrighted content published by Harbour Medical on the Website for any commercial purpose or for the purpose of earning profit will be a violation of copyright and Harbour Medical reserves its rights under applicable law accordingly. Harbour Medical 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, " Harbour Medical Content"), are the property of and are protected under copyright, trademark and other laws. User shall not modify the Harbour Medical Content or reproduce, display, publicly perform, distribute, or otherwise use the Harbour Medical Content in any way for any public or commercial purpose or for personal gain.User shall not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
  29. Harbour Medical reserves the rights to display sponsored ads on the Website. These ads would be marked as “Sponsored Listings”. Without prejudice to the status of other content, Harbour Medical will not be liable for the accuracy of information or the claims made in the Sponsored Listings. Harbour Medical does not encourage the Users to visit the Sponsored Listings page or to avail any services from them. Harbour Medical will not be liable for the services of the providers of the Sponsored Listings. You represent and warrant that you will use these Services in accordance with applicable law. Any contravention of applicable law as a result of your use of these Services is your sole responsibility, and Harbour Medical accepts no liability for the same
  30. Practitioner hereby agrees that it shall use the Website for the purpose specified in these Terms of Use and shall not use the Website for any unauthorized and unlawful purpose, including impersonating another person. Practitioner hereby represents and warrants that he/she –
    • is qualified to provide medical services within the territory of India
    • has obtained all licenses as required by law to provide medical services and has not committed any act or omission that might prejudice its continuance or renewal; and
    • Has provided Harbour Medical true, accurate, complete and up to date details about their qualification and credentials
  31. Practitioner agrees that he/she shall at all times abide by the applicable medical regulations including the code of professional ethics as prescribed under applicable laws.
  32. Practitioners shall promptly renew their licenses required to provide medical services and notify Harbour Medical about the same
  33. Harbour Medical reserves the right to terminate any account of the Practitioner in case-
    • The Practitioner breaches any terms and conditions of this terms of use or privacy policy or applicable laws;
    • Harbour Medical is unable to verify or authenticate any information provided to it by a Practitioner; or
    • Harbour Medical in its sole and absolute discretion believes that actions of the Practitioner may cause legal liability for Harbour Medical or other Users and / or may adversely affect the services rendered by Harbour Medical.
  34. Practitioner hereby agrees that, for any User that contacts the Practitioner using Harbour Medical services, only he/she shall be allowed to perform the services for the User and that the Practitioner may under no circumstances be permitted to transfer the performance of his/her Services to any other person, whether under their supervision or not. The Practitioner accepts all responsibility and liability for the use of Harbour Medical services, including the performance of its services, by any other party claiming to be the Practitioner and hereby agrees to indemnify Harbour Medical against any claim or loss that may be faced by Harbour Medical consequent to such use.
  35. Practitioner hereby agrees to hold in strictest confidence all information provided by a User to him/her under all circumstances. Practitioner agrees that he/she shall not disclose any information or documentation provided by a User to any other person, nor shall he/she allow, by act or omission, such information or documentation to be acquired by any other person.
  36. Practitioner agrees to render his/her services and fulfil their obligations towards their patients using their best efforts, skill and ability
  37. Practitioner agrees and understands that some or all of his/her information may be made available to the general public through the Website or otherwise by the Company and that he/she has no objection to the same.
  38. Practitioner hereby agrees to assign to Harbour Medical in perpetuity all intellectual property rights residing in the responses provided by him/her for use by Harbour Medical worldwide.
  39. Any communication sent by or through Harbour Medical to the Practitioner is based solely on information uploaded by the Users. Harbour Medical shall not be responsible for the incompleteness or inaccuracy such information, including if as a result of such inaccuracy, a communication is sent to an unintended recipient.
  40. Practitioner shall be liable to indemnify and hold Harbour Medical harmless from and against all actions , claims, damages, losses and expenses, including court costs and reasonable attorneys’ fees, arising out of or resulting from any breach, default, contravention, non-observance, non-performance, improper performance of any of its obligations or the terms, conditions, covenants and provisions contained in this Terms of Use.
  41. As mandated by Regulation 3(2) of the IG Rules, Harbour Medical hereby informs Users that they are 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
  42. Users are also prohibited from:
    • violating or attempting to violate the integrity or security of the Website or any Harbour Medical 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 Harbour Medical;
    • 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;
  43. In case of non-compliance with any applicable laws, rules or regulations, or the Agreement (including the Privacy Policy) by a User, Harbour Medical has the right to immediately terminate the access or usage rights of the User to the Website and Services and to remove non-compliant information from the Website.
  44. Harbour Medical may disclose or transfer User-generated information to its affiliates or governmental authorities in such manner as permitted or required by applicable law, and you hereby consent to such transfer. Harbour Medical will comply with any duly-issued government or court directions to disable access to the user-generated information, should it be found to be illegal by a competent governmental authority.
  45. Harbour Medical reserves the right to suspend or terminate a User’s access to the Website and the Services with or without notice and to exercise any other remedy available under law, in cases where,
    • The user breaches any terms & conditions of the agreement
    • A third party reports violation of any of its right as a result of your use of the Services.
    • Harbour Medical is unable to verify or authenticate any information provide to Harbour Medical by a User;
    • Harbour Medical has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User;
    • Harbour Medical believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for Harbour Medical or are contrary to the interests of the Website
  46. Once temporarily suspended, indefinitely suspended or terminated, the User shall 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 any medical services the User has rendered in order to comply with the User’s record keeping process and practices.
  47. In no event, including but not limited to negligence, shall Harbour Medical, or any of its directors, officers, employees, agents or content or service providers (collectively, the “Protected Entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Website or the content, materials and functions related thereto, the Services, User’s provision of information via the Website, lost business or lost End-Users, even if such Protected Entity has been advised of the possibility of such damages. In no event shall the Protected Entities be liable for:
    • Provision of or failure to provide all or any service by Practitioners to End-Users contacted or managed through the Website
    • any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Website;
    • any unauthorized access to or alteration of your transmissions or data;
    • Any other matter relating to the Website or the Service.
  48. User agrees to indemnify and hold harmless Harbour Medical, 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 User’s 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. Harbour Medical 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.
  49. You agree that this Agreement and any contractual obligation between Harbour Medical and User will be governed by the laws of India.
  50. Any dispute, claim or controversy arising out of or relating to this Agreement, including the determination of the scope or applicability of this Agreement to arbitrate, or your use of the Website or the Services or information to which it gives access, shall be determined by arbitration in India, before a sole arbitrator appointed by Harbour Medical. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be New Delhi. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the parties to the dispute.
  51. If a User has any questions concerning Harbour Medical, the Website, this Agreement, the Services, or anything related to any of the foregoing, Harbour Medical customer support can be reached at the following email address support@medharbour.com
  52. In accordance with the Information Technology Act, 2000, and the rules made there under, if you have any grievance with respect to the Website or the service, including any discrepancies and grievances with respect to processing of information, you can contact our Grievance Officer at:
    Email: support@medharbour.com
    In the event you suffer as a result of access or usage of our Website by any person in violation of Rule 3 of the IG Rules, please address your problem to the above person.
  53. If any provision of the Agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from this Agreement and the remainder of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event, the Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.

CANCELLATION POLICY
In case of Online Consultation, the User is required to make an online payment on the www.medharbour.com at the time of booking the appointment. If the user wishes to cancel the appointment for Online Consultation, it can be done free of charge if done at least 8 hrs prior to the appointment start time. No refund will be provided if the appointment is cancelled within 8 Hrs of appointment start time. In case of Clinic consultation, if the user has availed of the online payment service of www.medharbour.com at the time of booking the appointment, the user will be eligible for refund of payment upon cancellation of appointment at any time.

REFUND POLICY
Harbour Medical Technologies Pvt Ltd offers online payment support. You can either pay by debit/credit card or internet banking. You shall be directed to our trusted payment gateway partners once you shall proceed to make the payment. Harbour Medical Technologies Pvt Ltd shall not be liable in any manner whatsoever, if incorrect or inaccurate debit/credit card details are provided for making the payment of the service fees or if you use a debit/credit card that is not under your name or if you permit a third party to use your password or other means to access your account. REFUNDS are made on request. Refunds are processed within 15 working days from the request made from you. All refunds will be credited in the user’s Medharbour User account as credits which can be availed for future appointments with www.Medharbour.com.
If you have to request for a refund, you can use the refund feature available in the user account appointment history page.

What are MedHarbour’s Dispute Handling Policies?
We encourage you to resolve the dispute between yourself and the Medical Practitioner, as you and the Practitioner are the best person to evaluate the situation. However, if the issue is not resolved within 5 days, Medharbour dispute resolution team will intervene and resolve the problem objectively.
Timeframe: Our dispute resolution team will try to resolve the dispute within 15 days of refund request. Once the dispute is resolved it will take 1-2 days for the amount to reflect in your Medharbour user account as credits.
Will I get a refund if I am unsatisfied with the doctor’s consultation?
You are not entitled to a refund by Medharbour if you are not satisfied with the doctor’s consultation. You shall be responsible for your choice of Practitioner and we advise you to take proper care and research in selecting the practitioner.
Will I get a refund if I miss my appointment time slot for Online Consultation or Clinic consultation?
In the case of Online Consultation, you are not eligible to get a refund as the practitioner has already spared the time for you. Still, we leave it at the discretion of the practitioner to issue a refund in such case
In the case of Clinic appointment, if you do not show up at the clinic for the consultation, you are eligible for a refund.
Will I get a refund if during the Online Consultation, the video call gets disconnected due to some reason?
In this case Medharbour will help you Re-schedule the appointment and you will not be charged for the re-scheduled appointment. However, the re-scheduled appointment should be for the same patient/user.

No provision of this Agreement shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by Harbour Medical. Any consent by Harbour Medical to, or a waiver by Harbour Medical of any breach by you, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
YOU HAVE READ THESE TERMS OF USE AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.