TERMS AND CONDITIONS
Purpose
Clinica Fai, is the owner of this website www.clinicafai.com, including its mobile application, other connected software or applications. These Terms and Conditions and the privacy policy together constitute the User Agreement (“Agreement) between the you, the user, and us, Clinica Fai.
The User is encouraged to read and fully understand these terms and conditions and our privacy policy, available here, before accessing this website and availing our services.
Applicability and Acceptance
The Agreement is applicable to the user and to any other person, namely, the patient, friend, representative, relative or any other person, on whose behalf, the user accesses our website and avails our services.
Clinica Fai is a private clinic and services provided here is on a private basis only. To help with registration, scheduling an appointment, for procuring and providing any information as maybe necessary, making payments and for such other purposes, a staff member will assist the users. For providing professional medical consultation, treatment and surgery, we have our Chief Surgeon and consultant, Dr. Shubhra Goel and any other surgeon and consultant.
By visiting or accessing our website or utilizing our services, user automatically accepts these terms and conditions and our privacy policy, together constituting the Agreement. If the user is not acceptable with any part of this Agreement, then the user is requested to not visit or access our website or use our services.
Research and Reading Material
Content on our website, including any text, graphics, videos and links to third party websites, reading material, pamphlets and information provided to users by medical service providers and any such other research and reading material that the user may gain access to while visiting and accessing our website or while receiving our services, is for illustrative, knowledge and informational purposes only. It does not form medical and professional opinion, advice, diagnosis or treatment of any condition, unless specifically so stated by the medical service provider. In no event shall Clinica Fai be liable to user for any action taken in reliance or pursuant to such information, without consulting the medical service provider.
Appointments and Location for Treatment
Clinica Fai has partnered with various clinics and hospitals, for providing in-person consultations, treatments and surgeries. We are also available for telemedicine consultations. For booking an appointment, user may contact us on phone at +91 62811 17454 or make a request through our webpage by accessing the ‘Book Now’ button and providing the information as requested. Once we receive a request, our staff in consultation with our medical service provider, will accordingly reserve a slot for the appointment.
If it is an in-person appointment at the one of partner clinics or hospitals, user is requested to arrive at the location at least 10 minutes in advance to fill out the necessary paperwork. If it is a tele-consultation, user will be provided with a link to a portal, application or a link of a third party service provider that has to be accessed at the allotted schedule. Please log in on to the link at least 2 minutes in advance to enable us to permit the user to join the scheduled meeting.
Cancellations and Refund
Due to certain unavoidable circumstances, such as, the medical service provider’s unavailability, we might have to cancel the appointment and reschedule it. We will make reasonable efforts to intimate the user in advance of such cancellation. In such a case, we will refund entire fees paid in advance, if any, to the user. On the other hand, if due to any reason the user is unable to attend the appointment, then user will need to inform us at least 24 hours in advance. If the user fails to do so, then 25% of the fees is liable to be forfeited by us.
Suitability and Treatment Plans
Apart from in-person consultations, we have an option for telemedicine consultation. Such appointments are scheduled depending on the purpose, health issues and problems, as stated by the user/patient. For tele-consultations, we use video, audio and text based technologies and applications, which will be notified to the user/patient at the time of booking the appointment.
The user is requested to correctly and clearly provide information regarding their health issues, purpose of visit, and such other details to the medical health provider. This is necessary for proper evaluation and suggestion of a suitable treatment plan to the user/patient. If the user/patient has any queries regarding the treatment plan, it is advised that they consult and discuss with their medical service provider to seek clarifications.
Payment Policy
Once a request for appointment is made, we will contact the user and provide our bank account and other financial information for making payment towards the appointment. Once the payment is received, a bill will be e-mailed to the user. If a treatment plan is decided, a lump sum amount towards all the sessions, is collected in advance. In exceptional cases, upon user’s request, an alternative payment plan maybe arrived at. Apart from our fees, the user will also be charged with the applicable taxes at the prevailing rates in accordance with law. User is encouraged to read our privacy policy regarding collection, storage, protection and use of any personal or sensitive personal information we might receive in this regard.
Refund
We will be neither held liable nor will we issue any refunds for any effects, conditions or results of the treatment due to user/patient’s failure to correctly and clearly disclose all health conditions or any other related information, user/patient’s decision to discontinue the treatment plan midway, did not follow the treatment plan, followed additional or alternative treatments without conferring with our medical service provider, or any such other reasons.
We suggest treatment plans based on each user’s requirement and suitability. In certain exceptional cases, a treatment plan may not yield anticipated results or user/patient might be found unsuitable for the treatment due to pre-existing or genetic health conditions, or other unexpected and unforeseeable reasons. In such cases, our medical service provider might suggest an alternative treatment plan. It is at the option of the patient/user that the alternative treatment plan will be initiated or a refund, in such limited circumstances, for the unutilised part of treatment, will be issued.
Emergency Healthcare
Our services are not intended to be a substitute for emergency healthcare. If the user is facing a medical emergency, please immediately contact hospital, clinic or ambulance services, where the necessary medical help will be provided.
Copyright, Ownership and Intellectual Property Rights
The contents of this website, including all text, graphics, images, videos, logos, icons, software code, design, and collection, pattern, arrangement and assembly of content, is owned by Clinica Fai or licensed to Clinica Fai by third party owner and as such, for the purposes of this Agreement, will constitute the property of Clinica Fai. Such content maybe generated by Clinica Fai, user, or any third party for Clinica Fai, and are protected under copyright, trademark, design and other applicable laws. User is not authorised to modify, store, reproduce, display, publicly perform, distribute, create derivative works or otherwise use the contents in any way for any public, commercial, or personal purpose or gain. Any such use, without express written permission or license from Clinica Fai, will be considered a violation of this Agreement and our legal rights. Clinica Fai reserves the right to take the necessary and appropriate legal recourse against the concerned person or entity.
The User shall not upload, post, reproduce or distribute any content on this website that is protected by copyright or other proprietary right of a third party, without obtaining the express permission of the owner of such right. Any copyrighted or other proprietary content so distributed with consent of the owner must contain the appropriate copyright or other proprietary rights’ notice. Unauthorized submission or distribution of content is illegal and could subject the user to personal liability or criminal prosecution. User is solely responsible for the content submitted for publication on the website. We are not responsible or liable to the user or to any other third party for the content posted by the user on the website.
Feedback
Any feedback, ratings, or reviews expressed by the user on the website will be subject to our privacy policy. We reserve the sole discretion to choose not to post or publish user’s feedback under this Agreement and in compliance with applicable law.
User’s Obligations and Effects of Non-compliance
User shall not permitted to upload, post, modify, publish, distribute, share or in any other way make available, content that:
- Belongs to another person and is without consent or permission of such person;
- Is grossly harmful, harassing, abusive, defamatory, obscene, pornographic, invasive of another’s privacy, hateful, insulting, racially or ethnically objectionable, or is otherwise unlawful in any manner whatever;
- Infringes any patent, trademark, copyright or other proprietary rights;
- Impersonates or misrepresents another person, uses another person’s information without their authorisation or submits incomplete or false information;
- Upload, publish, release or contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource or otherwise attempts to violate or violates the integrity or security of the website or any content;
- Transmitting any information that is disruptive, competitive or prejudicial to our services;
- Engages in any unsolicited communications to other users, sponsors, affiliates or any other person through the website;
- 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;
- Misrepresents, impersonates, commits fraud, or steals identity or information of Clinica Fai, or does such other illegal act and/or, uploads, posts, publishes, distributes, shares or in any other way makes available to any other user or any third party;
- In any other way violates any contract, court order or law for the time being in force;
If the user uses our website to commit any acts as stated above, Clinica Fai shall be entitled to remove or disable user’s access to such content or information. We are also entitled to disable such content or information in accordance with law and preserve such content or information and related records for a period mandated by law for production to governmental authorities for investigation purposes. User consents to transfer of such content or information to the concerned authorities as maybe required by law.
If the user is found to be non-compliant with any of the terms of this Agreement, in breach of contract with any other party or in violation of law in any manner, then Clinica Fai has the right to to immediately terminate user’s access to the website, apart from removing the non-conforming content itself.
Suspension or Termination
User’s access to website and to our services, maybe suspended or terminated, with or without notice, if the user is found to be in breach of any of the terms of the Agreement, violation of third party rights, unable to verify or authenticate user information, there exists reasonable grounds of suspicion of user’s involvement in any illegal, fraudulent or abusive activity, in violation of user’s obligations, user’s action could result in a legal risk or is contrary to the interests of the website.
User will not be able to access or use our website, services or any medical files, reports and documentation that may have been uploaded and made available in the account, once suspended or terminated. User will also not be allowed to create any new accounts with the old information and will not be able to re-register the old account. It is the user’s responsibility to ensure that a back-up of medical records is maintained for own record.
Disclaimer of Warranties
Information on the website does not constitute an invitation or recommendation to access our website and utilize our services. The information is not a substitute for professional advice or solicitation or recommendation of any of our medical services, treatments or products. User is advised to seek independent professional assistance and advice as maybe required regarding any of our services, treatments or products.
All information on the website is on an “as is” basis. Clinica Fai does not make any warranties, express or implied warranty, or including, but not limited to implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy or any representations regarding quality, accuracy or completeness of any data or information on the website. User is advised to arrive at an independent determination regarding the accuracy, completeness or usefulness and suitability of the information available on our website, prior to access and use of our services.
We shall not be liable for any special, direct, indirect or consequential damages, loss or injury, arising in any action for breach of contract, negligence or other tortious action, arising out of or in connection with the access or use of information, to user or any other person. Information available on third party websites to which links maybe found on our website is subject to the terms and conditions of the legal notices contained therein.
Limitation of Liability
While it is our endeavour to ensure that the content or information provided on the website is true, correct and accurate, however, it is not perfect and can have inaccuracies and incomplete information. User is advised to verify and seek independent advise before using our services. In no event shall Clinica Fai be held liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from use or access to our website, use of our services, or any other matter arising out of use or access to our website or services.
Clinica Fai shall also not be be responsible for any delay or inability to access or use our website or our services, including during periodic maintenance, unplanned suspension of access of website due to technical issues or for any other reason beyond our control.
User is solely responsible for access, download and use of any information from or through our website and for any damage that might occur to their computer systems, mobile phones or any other electronic device and for any loss of data resulting therefrom. These limitations and exclusions apply without regard to whether the damages, loss or injury, arise from breach of contract or warranty, negligence, tort or any other cause of action.
Indemnity
User agrees to defend, hold harmless and indemnify Clinica Fai and its officers, directors, employees, affiliates, agents, representatives and third party partners, from any or all third party claims, losses, liability, damage, injury or costs, including attorney fees and costs, for defending any such action, arising from user’s access of our website and use of our services in breach of this Agreement or in violation of law. Clinica Fai will notify the user of any such damage, injury, claim, loss, liability, or demand, and the User shall accordingly defend, hold harmless and indemnify Clinica Fai.
Waiver
No provision of this Agreement shall be deemed to be waived and no breach excused, unless such a waiver or excuse is issued in writing and signed by Clinica Fai to the user. Any waiver or excuse issued by Clinica Fai shall be for that specific incident of breach and shall not be constituted as a consent to, waiver of, or excuse for any subsequent or a different breach.
Severability
If any provision of the Agreement is found to unenforceable by court of law, then such a provision shall be excluded from this Agreement, while the remainder of the Agreement shall continue to be in effect. The remaining Agreement will be interpreted to the extent consistent with the meaning of the terms, intention of parties, as permitted by applicable law, and as determined by such court of competent jurisdiction and will be interpreted in such a way to give effect to the remaining Agreement.
Updates
Clinica Fai reserves the right to update these terms and conditions from time to time, without notice. It is the user’s responsibility to regularly check and be updated of the terms. Parties are governed by the latest terms and conditions when user accesses our website or avails our services.
Governing Law and Jurisdiction
This Agreement is governed by the laws of India and the courts at Hyderabad shall have jurisdiction over any disputes arising out of this Agreement.
Contact Information
If you have any questions regarding our terms and conditions, please write to us