- The https://www.cheerschildcare.com/ (“Website”) is a property of Cheers Child Healthcare LLP,(“Cheers Child Care”), a partnership firm registered under Limited Liability Partnership Act, 2008, having its registered office at White Hall Building, August Kranti Road, Kemps Corner, Mumbai – 400026, Maharashtra – India.
- These Terms and Conditions apply to https://www.cheerschildcare.com/ and in relation to the services offered by Cheers Child Care to all current and former visitors to our website and to our online Users. A User of the Website and the Patient – his / her representatives / attendant / relative / friends or affiliates (“you” or “User”). By visiting and / or using our Website, you / the User / the Patient have consented and agreed to these Terms and Conditions.
- Nature And Applicability Of Terms:
a. Please carefully go through these Terms and Conditions and the Privacy Policy available at https://www.cheerschildcare.com/ before you decide to continue accessing / access the Website or avail the Services made available by us.
b. Should you disagree with any part of the Terms and Conditions or the Privacy Policy, as updated from time to time, please do not use the Website or avail any Services. Should you continue to access this Website, it would amount to your irrevocable deemed acceptance of these Terms and Conditions which you agree to fully abide by.
c. These Terms and Conditions supersede all previous oral and written terms and conditions (if any) communicated to you / the User / Patient. By availing any Service, you / the User / the Patient signifies your agreement and acceptance of the same. We reserve the right to modify or terminate or amend any portion of these Terms and Conditions for any reason and at any time.
d.The Services which are made available on the Website may change from time to time, at the sole discretion of Cheers Child Care.
e. These Terms and Conditions are in compliance with the applicable laws including but not limited to the Indian Contract Act, 1872, the Information Technology Act, 2000, the rules and regulations of the Indian Medical Council and the State Medical Council, as the case may be.
- Booking Appointments, Diagnostic Tests, Ordering Medicines And Interaction With Medical Service Providers – Doctors / Consultants:
a. You / the User must be above 18 (eighteen) years of age or older in order to book an Appointment / Consultation for a Patient (which Patient may be under 18 years of age) and / or use the Services and / or visit the Website and accept these Terms and Conditions and Privacy Policy.
b. By registering, booking an Appointment, visiting or using the Website and / or availing the Services provided, you / the User are accepting these Terms and Conditions and representing that you / the User are above 18 (Eighteen) years of age or older, and that you / the User have every right, authority and capacity to use the Website and the Services available through the Website, as well as book an appointment for a consultation on behalf of the Patient, and agree to and abide by these Terms and Conditions.
c. When booking an Appointment / Consultation, you / the User / the Patient shall provide accurate details as sought in the required fields in the Form. It is your / the User’s responsibility to ensure that your correct mobile number and email id are updated on the Website. All reminders and notifications will be sent to the account associated with the mobile number and / or email id which is provided by you / the User. Cheers Child Care shall not be responsible for any loss or inconvenience cause due to your / the User’s non-updation of your contact details. Any inaccurate details which are provided which is later discovered by Cheers Child Care, may result in a cancellation of the Appointment / Consultation and Cheers Child Care will exercise its discretion in refunding the Fee as indicated on the Website.
d. If you / the User accesses your dependents’ record through your / the User’s personal health record by registering your dependents with your / the User’s own personal health record, you / the User are deemed to be responsible for the records of your dependents and all obligations that your dependent’s would have had, if they had maintained their own separate individual personal health record. Should you provide access to your health record / access to the Website log-in to anyone else, you are deemed to be responsible for your / the User’s own actions, access and transaction that that the person / User takes related to your / the User’s / the Patient’s health record. Cheers Child Care or its Partners are not responsible or liable for any action, transaction, loss, leakage or any other liability arising out of this.
e. While Cheers Child Care will try to ensure a confirmed appointment with the Doctor / Consultant for you / the User who requested an appointment on the Website, Cheers Child Care and its Partners do not guarantee that the User will get a confirmed Appointment / Consultation. Further, Cheers Child Care and its Partners have no liability if such an Appointment / Consultation is confirmed but later cancelled, postponed or rescheduled by the Doctor / Consultant owing to their unavailability at the given Appointment / Consultation time.
f. You / the User hereby agree and guarantee that at all and any given point of time, the Patient, shall be accompanied by a Natural and/ or Legal Guardian and shall start the Appointment / Consultation by making an honest disclosure about the relationship between the Patient and the User and / or those accompanying.
g. Should you / the User choose to avail of the online consultation, that implies that you / the User agree, confirm and acknowledge that:
i. Cheers Child Care is offering an online consultation in the form of SOOCC i.e. Second Opinion Online Consultation for Children which may include the concerned Doctor / Consultant giving an online consultation which may or may not be a video consultation where you / the User / the Patient is unable to avail of an in-person consultation.
ii. An online consultation can never be compared to a normal in-person / in-clinic consultation where the Doctor / Consultant is able to physically examine the Patient. Hence, you / the User are at all times advised to opt for an in-person consultation with the Doctor / Consultant for a more in-depth consultation.
iii. All the accurate details / reports / scans / tests / x-rays / prescriptions / previous diagnosis and / or treatment, etc. (collectively “Information”), which may be available with you / the User / the Patient, which is relevant to the ailment and / or consultation which is being sought, has been submitted / provided / divulged to the Doctor / Consultant who is conducting the online consultation, either in advance or at the time of the consultation. While speaking to the Doctor / Consultant, you / the User / the Patient shall at all times answer the queries posed and communicate those details which may be essential and relevant to the consultation. The accuracy, adequacy, reliability and liability of any Patient-created information generated or created by you / the User is your / the User’s sole responsibility. You / the User shall be responsible for maintaining the confidentiality of your Information.
iv. Any Information which is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), shall be solely your / the User’s / Patient’s liability and Cheers Child Care and those Doctors / Consultants who are interacting with you / the User / the Patient shall not in any way be liable and / or responsible for the same nor for the unlikely event of an error in diagnosis or management in the consultation owing to any inaccurate / incomplete information provided by you / the User / the Patient. Cheers Child Care and its Partners do not guarantee the accuracy or completeness of any content or information provided by you / the Users on the Website
v. In the event of any Information which is provided by You / the User is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete) or Cheers Child Care has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Cheers Child Care shall have the right to discontinue the Services to you / the User / the Patient, at its sole discretion.
vi. You / the User fully indemnifies and holds harmless, Cheers Child Care, its Partners and Doctors / Consultant with respect to any inaccuracies, inadequacy, error, loss, problem, liability or any other issue arising out of any Patient-created information entered or accessed by the You / the User or on your / the Patient’s behalf on the Website.
vii. The personal health record facility is provided on a best-efforts as-is basis. While we strive to maintain the highest levels of Service availability, Cheers Child Care or its Partners are not liable for any interruption that may be caused to your access of the Services.
viii. As you / the User has opted for an online consultation, you are also aware and confirm that should your / the User’s / patient’s, as the case may be depending on who is seeking the consultation at the time, symptoms do not improve then it is your / the User’s sole responsibility to access medical assistance from the nearest hospital / clinic.
ix. By accepting the online consultation you / the User / the Patient have indemnified and kept indemnified and held harmless Cheers Child Care, the Doctors / Consultant from and against any an all actions, claims, demands, costs, liability, proceedings, etc. which may result from an unlikely event of an error in diagnosis or management due to the occurrence of sub-optimal technical conditions and / or inaccurate Information being provided by you / the User / the Patient. While every attempt will be made to ensure ideal conditions, unforeseen situations may occur.
x. Cheers Child Care and the Doctors / Consultants shall not be responsible for complete accuracy of the online consultation, limited in its scope as it is, with no physical examination of you / the User / patient, as the case may be, being possible. While every attempt will be made to ensure comprehensiveness of the consultation, unforeseen situations may arise.
xi. Any health-related reminder or notification service (like vaccination reminder, appointment reminder, etc.) that may form part of the Services is only a supplementary way of notifying or reminding you / the User / the Patient of actions to take related to your / the User / the Patient’s health and well-being. Cheers Child Care is not liable if for any reason a reminder or notification is not delivered to you / the User / the Patient or are delivered late or delivered incorrectly, despite its best efforts or if your / the User / the Patient’s health is impacted negatively due to the same
xii. The online consultation is being conducted with your / the patient’s express written consent and that the prevalent ingrained limitations are known to you / the User / the patient. Yet, you have opted for the same.
h. Without prejudice to the generality of the above, Cheers Child Care / its Partners will not be liable for:
i. any wrong medication or treatment quality being given by the Doctor / Consultant or diagnostic service provider(s), pharmacy(s) or any medical negligence on part of the any of the above;
ii. any type of inconvenience suffered by you / the User / the patient due to a failure on the part of the Doctor / Consultant to make himself/herself available at the appointed time, no show by the Doctor / Consultant, inappropriate treatment, incorrect treatment or similar difficulties;
iii. cancellation or rescheduling of booked appointment or any variance in the Fees charged;
iv. any medical eventualities that might occur subsequent to using the services of a Doctor / Consultant, diagnostic lab services, pharmacy, whom the User has selected on the basis of the information available on the Website or with whom the User has booked an appointment or performed a transaction through the Website or App
v. If you / the User/ patient approaches the Doctor / Consultant independently prior or after the first online consultation. - No Doctor Patient Relationship, No Emergency Use and Details on the Website:
a. Some of the content, text, graphics, images, information, suggestions, guidance and other material (collectively “Data”) that may be available on the Website (including information provided in direct response to your questions or postings), may have been provided by individuals in the medical profession. The provision of such Data does not create a licensed medical professional-patient relationship, between Cheers Child Care and you / the User / patient and does not constitute an opinion, medical advice or diagnosis or treatment of any particular condition but is only provided to assist you with locating appropriate medical care from a qualified practitioner.
b. Cheers Child Care collects, directly or indirectly, and displays on the Website, relevant information regarding the profile and practice of the Doctors / Consultants and its Team, such as their specialisation, qualification, Fees, location and similar details. Cheers Child Care takes reasonable efforts to ensure that such information is updated at frequent intervals. Cheers Child Care cannot be held liable for any inaccuracies or incompleteness represented from it, despite such reasonable efforts.
c. It is hereby expressly clarified that the Data that you obtain or receive from Cheers Child Care, and its employees, partners, sponsors, advertisers, licensors, the Doctors / Consultants or otherwise, as the case may be, on the Website is for informational purposes only. In no event shall Cheers Child Care be liable to you or anyone else for any decision made or action taken by you in reliance on such Data.
d. The Services are not intended to be a substitute for getting in touch with emergency healthcare. If you are a User facing a medical emergency (either on your or another person’s behalf), please contact an ambulance service, hospital, doctor or appropriate medical professional directly.
e. The Services provided by Cheers Child Care are on an “as is” and “as available” basis, 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). Cheers Child Care and its Partners do not provide or make any representation, warranty or guarantee, express or implied about the Website or the Services. To the fullest extent permitted by law, Cheers Child Care and its Partners disclaim all liability arising out of your / the User’s / Patient’s use or reliance upon the Website and the Services, representations and warranties or testimonials made by other Users, the content or information provided by your / the Users / Patients on the Website, or any opinion or suggestion given or expressed by Cheers Child Care or its Partners or any User in relation to any User or services provided by such User on the Website or otherwise.
6. Content Ownership And Copyright Conditions Of Access:
a. The contents listed on the Website are as follows:
i. User generated content.
ii. Belong to Cheers Child Care and its Partners.
iii. The information that is collected by Cheers Child Care directly or indirectly from you / the Users / the Patient which shall belong to Cheers Child Care. Copying of the copyrighted content published by Cheers Child Care or its Partners on the Website for any commercial purpose or for the purpose of earning profit will be a violation of copyright and Cheers Chill Care and its Partners reserve their rights to take action under applicable law accordingly.
b. The contents of the Website including the information, text, graphics, images, logos, button icons, software code, design and the collection, arrangement and assembly of content on the Website, are the property of Cheers Child Care or its Partners and are protected under copyright, trademark and other applicable laws. You v / the User shall not modify the Cheers Child Care content or reproduce, display, publicly perform, distribute or otherwise use the Cheers Child Care content in any way for any public or commercial purpose or for personal gain.
c. You / the User shall not access the Services for purposes of monitoring their availability, performance or functionality or for any other benchmarking or competitive purposes.
7. Rights And Obligations Relating To Content:
a. You / the User / the Patient are also prohibited from:
i. violating or attempting to violate the integrity or security of the Website or any Content;
ii. transmitting any information (including job posts, messages and hyperlinks) on or through the Website that is disruptive or competitive or prejudicial to the provision of Services by Cheers Child Care;
iii. intentionally submitting any incomplete, false or inaccurate information;
iv. making any unsolicited communications to other Users;
v. 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;
vi. attempting to decipher, decompile, disassemble or reverse engineer any part of the Website;
vii. copying or duplicating in any manner any of the Cheers Child Care content or other information available from the Website.
b. Cheers Child Care or its Partners 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 above) generated by you / the Users / the Patient or on being notified by the appropriate Government or its agency that the Website is being used by you / the User / the Patient to commit any unlawful act, shall be entitled to remove or disable access to the material or information that is in contravention.
c. In case of non-compliance with any applicable laws, rules or regulations, by you / the User / the Patient, Cheers Child Care has the right to immediately terminate the access or usage rights of you / the User / the Patient to the Website and Services and to remove non-compliant information from the Website.
d. Cheers Child Care may disclose or transfer your / the User / Patient-generated information to its affiliates or governmental authorities in such a manner as permitted or required by applicable law, and you hereby consent to such transfer. Cheers Child Care 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.
8. Online Payment, Cancellation and Refund Policy:
The online payment, cancellation and refund policy is only applicable to all online payments made through the Website for booking of appointments / consultations.
a. The Website provides the ability to pay online through a third-party gateway for some of the Services available on the Website.
b. If you choose to pay online, you may be directed to a third-party payment gateway to enable processing of the payment. This transaction will be governed by the Terms and Conditions and Privacy Policy of the third-party payment gateway. Cheers Child Care shall not be liable: (i) if any transaction does not fructify or may not be completed; or (ii) for any failure on part of the bank or the credit card or the third party site or agency to perform any of its obligations; or (iii) in respect of any loss or damage arising directly or indirectly arising out of the decline or acceptance of authorization for any transaction, for any reason whatsoever.
c. Cheers Child Care has no control over and is not liable or responsible for content, accuracy, validity, reliability, quality of any third-party websites made available by/through our Website. Inclusion of any link on the Website does not imply that Cheers Child Care endorses the linked site. Cheers Child Care assumes no responsibility and shall not be liable for any damage to or viruses that may infect your / the User’s equipment or account as a result of your / the User’s access to, use of or browsing the Website or downloading any material, data, text, images, video content or audio content from the Website. If you / the User / the Patient is dissatisfied with the Website or even the third-party website which you have opted to surf on your own accord then your sole remedy would be to discontinue using the Website. You / the User may use the links and these services at your / the User’s own risk as to the cost and consequences.
d. An appointment given is based on the Doctor’s and/or Consultant’s availability.
e. Cheers Child Care reserves its right to refund the entire amount or part thereof in such circumstances, as it determines as per its discretion.
f. If a Doctor / Consultant cancels an Appointment / Consultation:
In the event there is a cancellation of an appointment due to the unavailability of the Doctor/ Consultant, the patient / User may request for:
i. the appointment to be rescheduled to any other date and / or time, as per the Doctor/ Consultant’s availability; or
ii. a refund of the fee paid. 100% of the Fee may be refunded to the patient / User if the patient / User requests for the same within 24 hours from the time of having knowledge of the cancellation of the appointment. An interest fee refund will be remitted into the account of the patient / User within 7 (seven) business days. The Fee will be refunded via the same source of payment and will be subject to the payment and refund terms of the source as well.
g. If the patient / User cancels an Appointment / Consultation:
In the event of a cancellation of an Appointment / Consultation by the patient / User:
i. the same may be rescheduled to any other date and / or time, as per the Doctor/ Consultant’s availability; or
ii. within 24 hours prior to the scheduled Appointment / Consultation, then the patient / User may request for a refund of the Fee, which request must be made at the time of cancellation within the above stipulated time. An interest free refund will be remitted into the account of the patient / User within 7 (seven) business days. The Fee will be refunded via the same source of payment and will be subject to the payment and refund terms of the source as well. Failure to cancel the appointment and / or request for a refund prior to 24 hours from the scheduled time of the Appointment / Consultation, would result in the patient / User being illegible for a refund of the Fee.
- Intellectual Property Rights:
a. The contents of the Website are protected by intellectual property laws of India including but not limited to trademark and copyright laws. Reproduction, retransmission, public and/or commercial use of any or all the material on the Website are prohibited. The logos, service marks and trademarks (“IP Marks“) displayed on the Website are the property of Cheers Child Care or its Partners or have been licensed to Cheers Child Care or its Partners by the relevant owners for use. You / the User / the Patient may use this material only as expressly authorized by Cheers Child Care or its Partners and shall not copy, transmit or create derivative works of such material without express authorization from Cheers Child Care or its Partners.
b. You / the User / the Patient acknowledges and agrees that they shall not upload, post, reproduce or distribute any content on or through the Website that is protected by copyright or other proprietary right of a third-party, without obtaining the permission of the owner of such right. Any copyrighted or other proprietary content distributed on or through the Website with the consent of the owner must contain the appropriate copyright or other proprietary rights notice. The unauthorized submission or distribution of copyrighted or other proprietary content is illegal and could subject you / the User / the Patient to personal liability or criminal prosecution. Nothing on the Website should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any trademarks without written permission from Cheer Child Care.
- Disclaimer Of Warranties:
a. All information available on the Website i.e. Data, is provided on the condition that you / the User / the Patient will make independent determination in respect of its accuracy, completeness or usefulness suitability prior to use or making any decision for any loss or damage in reliance hereof. Cheers Child Care and its Partners will not be responsible for the same. Further Cheers Child Care and its Partners will not be responsible or liable in any manner for any data added, provided, stored or managed by you / the User / the Patient, including all personally identifiable information.
b. The Data does not constitute an invitation or recommendation to take medical services from Cheers Child Care or its Partners nor is such Information a substitute for professional advice or solicitation in respect of medical services/ products or recommendation thereof. Cheers Child Care urges you / the Users / the Patient to seek the advice of professionals, as appropriate, regarding the evaluation of any specific opinion, advice, service or other Information or Data.
c. All information on the Website is provided to you “as is” without warranty of any kind either express or implied including, but not limited to implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy. In no event shall Cheers Child Care or its Partners be liable for any special, direct, indirect or consequential damages or any damages whatsoever resulting from loss, whether in an action of contract, negligence or other tortuous action, arising out of or in connection with the use or performance of information. All information available on a hyper-link site and any third party is subject to the terms and conditions of the legal notices contained therein.
- Limitation Of Liability:
a. Under no circumstances, including on account of any act, omission, commission or negligence, shall the Cheer Child Care or anyone else involved in creating, producing or distributing the Services be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Site, Services, User Services or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to the Company records, programs or the Site, Services, or User Services.
b. Notwithstanding the above, the User’s exclusive remedies for all damages, losses and causes of actions whether in contract, including negligence or otherwise, shall not exceed the aggregate amount, which Cheer Child Care has received from the User for the service in question. Such limitations shall apply to Cheer Child Care’s total liability, including without limitation any liability for damages caused or allegedly caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation of transmission, communications failure, theft of destruction of or unauthorized access to, alteration of, or use of records, whether for breach of contract, tortuous behaviour, negligence, or under any other cause of action.
c. In no event shall Cheer Child Care be liable for any direct damages in excess of the Fees paid by you / the User / the Patient for the Service(s). In addition, to the maximum extent permitted by law, in no event shall Cheer Child Care be liable for any special, punitive, indirect, incidental or consequential damages, including but not limited to personal injury, wrongful death, loss of use, loss of profits, interruption of service or loss of data, whether in any action in warranty, contract, tort (including, but not limited to negligence or fundamental breach) or otherwise arising out of or in any way connected with the use of or the inability to use, this Website or any Service offered through this Website or any material or information contained in, accessed through, or products purchased from the Site, even if an authorized representative is advised of the likelihood or possibility of the same.
d. Cheer Child Care shall not be liable for any breach of service or service deficiency by any Doctor / Consultant in relation to any of the Services.
e. Cheer Child Care shall not be liable for any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, in any way relating to or arising out of the use of the Website or your / the User / the Patient’s Services.
f. Without prejudice to the generality of the above, Cheers Child Care shall not be liable (directly or vicariously) for:
i. any wrong medication or treatment quality being given by the Doctor / Consultant or any medical negligence on part of the Doctor / Consultant;
ii. any medical or other act, omission, commission or negligence on part of the Lab or any of its Doctor / Consultant or auxiliary staff;
iii. any misconduct or inappropriate behaviour by the Doctor / Consultant or Tema of Cheers Child Care or staff or auxiliary staff;
iv. cancellation or rescheduling of booked appointment or any variance in the fees charged;
v. any direct or indirect, medical eventualities that might occur subsequent to you / the User / the Patient using the Services of the Doctor / Consultant or related party, whom you / the User / the Patient has selected on the basis of the information available on the website or with whom you / the User / the Patient has booked an appointment through the Website.
- Indemnity:
You / the User / the Patient agrees to indemnify and hold harmless Cheers Child Care, its affiliates, officers, directors, employees, consultants, licensors, agents, representatives and Partners from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your / the User / the Patient’s access to or use of Service, violation , 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. Cheers Child Care will notify you / the User / the Patient promptly of any such claim, loss, liability, or demand, and in addition to your foregoing obligations, and you / the User / the Patient agree to provide us with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
- Updates to this Policy:
Cheers Child Care reserves the right to modify this Privacy Policy from time to time at its sole discretion. While you / the Users / the Patient may be notified of any material changes, it is responsibility of you / the User / the Patient to periodically check for changes and/or updates whilst using the Website. You / the User / the Patient will be bound by the Terms and Conditions and Privacy Policy as modified from time to time.
- Severability:
If any provision herein becomes invalid or illegal or is unenforceable such provision shall be deemed to have been severed from the remaining terms and conditions herein. However, the remaining provisions herein shall not, so far as possible, be affected by such severance and shall continue to remain in force and effect.
- Grievance Officer:
In accordance with Information Technology Act 2000 and Rules made there under, the name and contact details of the Grievance Officer are provided below:
Grievance Officer |
: |
Mr. Keshav Thakur |
Postal Address |
: |
Flat 32 & 33, White Hall Building, 3rd Floor, Next to Shalimar Hotel, Kemp’s Corner, Grant Road West, Mumbai – 400036 |
Contact / Phone number |
: |
+91 9930069204 |
Email address |
: |
keshav77@gmail.com |
On any grievance being raised, in writing, the Grievance Officer will endeavour to address the concerned grievance within one month from the date of receipt of the grievance in writing. Any such grievance will be addressed in accordance with best practice and applicable law.
If you / the User / the Patient have any questions about this Policy or other privacy concerns, the User can also email us.
- Jurisdiction:
a. If you / the User / the Patient choose to visit the Website, you / the User / the Patient’s visit and any dispute over privacy or otherwise is subject to these Terms and Conditions.
b. Any dispute or difference arising in relation to or in connection with these Terms and Conditions shall be referred to a sole arbitrator mutually appointed by Cheers Child Care and you / the User. The Arbitration and Conciliation Act, 1996 (and/or any statutory modification and/or re-enactment thereof) shall govern the arbitration proceedings, as amended from time to time. The seat of arbitration shall be Mumbai and the language of arbitration shall be English. The arbitration shall be conducted as per the fast-track procedure, as set out in Section 29B of the Arbitration Act.
c. In addition to the foregoing, any disputes arising under the above shall be governed by the laws of India and the Court of Mumbai shall have exclusive jurisdiction.
- The https://www.cheerschildcare.com/socc/ (“Website”) is a property of Second Opinion Online Consultation for Children LLP,(“SOCC”), a partnership firm registered under Limited Liability Partnership Act, 2008, having its registered office at White Hall Building, August Kranti Road, Kemps Corner, Mumbai – 400026, Maharashtra – India.
- These Terms and Conditions apply to https://www.cheerschildcare.com/socc/ and in relation to the services offered by SOCC to all current and former visitors to our website and to our online Users. A User of the Website and the Patient – his / her representatives / attendant / relative / friends or affiliates (“you” or “User”). By visiting and / or using our Website, you / the User / the Patient have consented and agreed to these Terms and Conditions.
- Nature And Applicability Of Terms:
- Please carefully go through these Terms and Conditions and the Privacy Policy available at https://www.cheerschildcare.com/socc/ before you decide to continue accessing / access the Website or avail the Services made available by us.
2. Should you disagree with any part of the Terms and Conditions or the Privacy Policy, as updated from time to time, please do not use the Website or avail any Services. Should you continue to access this Website, it would amount to your irrevocable deemed acceptance of these Terms and Conditions which you agree to fully abide by.
3. These Terms and Conditions supersede all previous oral and written terms and conditions (if any) communicated to you / the User / Patient. By availing any Service, you / the User / the Patient signifies your agreement and acceptance of the same. We reserve the right to modify or terminate or amend any portion of these Terms and Conditions for any reason and at any time.
4. The Services which are made available on the Website may change from time to time, at the sole discretion of SOCC.
5. These Terms and Conditions are in compliance with the applicable laws including but not limited to the Indian Contract Act, 1872, the Information Technology Act, 2000, the rules and regulations of the Indian Medical Council and the State Medical Council, as the case may be
- Please carefully go through these Terms and Conditions and the Privacy Policy available at https://www.cheerschildcare.com/socc/ before you decide to continue accessing / access the Website or avail the Services made available by us.
- Booking Appointments, Diagnostic Tests, Ordering Medicines And Interaction With Medical Service Providers – Doctors / Consultants:
a. You / the User must be above 18 (eighteen) years of age or older in order to book an Appointment / Consultation for a Patient (which Patient may be under 18 years of age) and / or use the Services and / or visit the Website and accept these Terms and Conditions and Privacy Policy.
b. By registering, booking an Appointment, visiting or using the Website and / or availing the Services provided, you / the User are accepting these Terms and Conditions and representing that you / the User are above 18 (Eighteen) years of age or older, and that you / the User have every right, authority and capacity to use the Website and the Services available through the Website, as well as book an appointment for a consultation on behalf of the Patient, and agree to and abide by these Terms and Conditions.
c. When booking an Appointment / Consultation, you / the User / the Patient shall provide accurate details as sought in the required fields in the Form. It is your / the User’s responsibility to ensure that your correct mobile number and email id are updated on the Website. All reminders and notifications will be sent to the account associated with the mobile number and / or email id which is provided by you / the User. SOCC shall not be responsible for any loss or inconvenience cause due to your / the User’s non-updation of your contact details. Any inaccurate details which are provided which is later discovered by SOCC, may result in a cancellation of the Appointment / Consultation and SOCC will exercise its discretion in refunding the Fee as indicated on the Website.
d. If you / the User accesses your dependents’ record through your / the User’s personal health record by registering your dependents with your / the User’s own personal health record, you / the User are deemed to be responsible for the records of your dependents and all obligations that your dependent’s would have had, if they had maintained their own separate individual personal health record. Should you provide access to your health record / access to the Website log-in to anyone else, you are deemed to be responsible for your / the User’s own actions, access and transaction that that the person / User takes related to your / the User’s / the Patient’s health record. SOCC or its Partners are not responsible or liable for any action, transaction, loss, leakage or any other liability arising out of this.
e. While SOCC will try to ensure a confirmed appointment with the Doctor / Consultant for you / the User who requested an appointment on the Website, SOCC and its Partners do not guarantee that the User will get a confirmed Appointment / Consultation. Further, SOCC and its Partners have no liability if such an Appointment / Consultation is confirmed but later cancelled, postponed or rescheduled by the Doctor / Consultant owing to their unavailability at the given Appointment / Consultation time.
f. You / the User hereby agree and guarantee that at all and any given point of time, the Patient, shall be accompanied by a Natural and/ or Legal Guardian and shall start the Appointment / Consultation by making an honest disclosure about the relationship between the Patient and the User and / or those accompanying.
g. Should you / the User choose to avail of the online consultation, that implies that you / the User agree, confirm and acknowledge that:
1. SOCC is offering an online consultation in the form of SOCC i.e. Second Opinion Consultation for Children which may include the concerned Doctor / Consultant giving an online consultation which may or may not be a video consultation where you / the User / the Patient is unable to avail of an in-person consultation.
2. Prior to issuing any prescriptions, patients must verify their identity through the telemedicine platform in accordance with established procedures. Where the patient is a minor, after confirming the age, teleconsultation would be allowed only if the minor is consulting along with an adult whose identity needs to be ascertained.
3. An online consultation can never be compared to a normal in-person / in-clinic consultation where the Doctor / Consultant is able to physically examine the Patient. Hence, you / the User are at all times advised to opt for an in-person consultation with the Doctor / Consultant for a more in-depth consultation.
4. The doctor will only issue prescriptions to patients following a telemedicine consultation initiated by the patient through a secure platform. By initiating the telemedicine consultation, the patient implicitly consents to the consultation process and its terms. As per Telemedicine Rules and Regulations, prescriptions will not be provided over messaging applications, including but not limited to WhatsApp, direct messages (DMs), or any other informal communication channels without a proper diagnosis. I willingly acknowledge this provision and provide my consent.
5. All the accurate details / reports / scans / tests / x-rays / prescriptions / previous diagnosis and / or treatment, etc. (collectively “Information”), which may be available with you / the User / the Patient, which is relevant to the ailment and / or consultation which is being sought, has been submitted / provided / divulged to the Doctor / Consultant who is conducting the online consultation, either in advance or at the time of the consultation. While speaking to the Doctor / Consultant, you / the User / the Patient shall at all times answer the queries posed and communicate those details which may be essential and relevant to the consultation. The accuracy, adequacy, reliability and liability of any Patient-created information generated or created by you / the User is your / the User’s sole responsibility. You / the User shall be responsible for maintaining the confidentiality of your Information.
6. Any Information which is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), shall be solely your / the User’s / Patient’s liability and SOCC and those Doctors / Consultants who are interacting with you / the User / the Patient shall not in any way be liable and / or responsible for the same nor for the unlikely event of an error in diagnosis or management in the consultation owing to any inaccurate / incomplete information provided by you / the User / the Patient. SOCC and its Partners do not guarantee the accuracy or completeness of any content or information provided by you / the Users on the Website
7. In the event of any Information which is provided by You / the User is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete) or SOCC has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, SOCC shall have the right to discontinue the Services to you / the User / the Patient, at its sole discretion.
8. You / the User fully indemnifies and holds harmless, SOCC, its Partners and Doctors / Consultant with respect to any inaccuracies, inadequacy, error, loss, problem, liability or any other issue arising out of any Patient-created information entered or accessed by the You / the User or on your / the Patient’s behalf on the Website.
9. The personal health record facility is provided on a best-efforts as-is basis. While we strive to maintain the highest levels of Service availability, SOCC or its Partners are not liable for any interruption that may be caused to your access of the Services.
10. As you / the User has opted for an online consultation, you are also aware and confirm that should your / the User’s / patient’s, as the case may be depending on who is seeking the consultation at the time, symptoms do not improve then it is your / the User’s sole responsibility to access medical assistance from the nearest hospital / clinic.
11. By accepting the online consultation you / the User / the Patient have indemnified and kept indemnified and held harmless SOCC, the Doctors / Consultant from and against any an all actions, claims, demands, costs, liability, proceedings, etc. which may result from an unlikely event of an error in diagnosis or management due to the occurrence of sub-optimal technical conditions and / or inaccurate Information being provided by you / the User / the Patient. While every attempt will be made to ensure ideal conditions, unforeseen situations may occur.
12. SOCC and the Doctors / Consultants shall not be responsible for complete accuracy of the online consultation, limited in its scope as it is, with no physical examination of you / the User / patient, as the case may be, being possible. While every attempt will be made to ensure comprehensiveness of the consultation, unforeseen situations may arise.
13. Any health-related reminder or notification service (like vaccination reminder, appointment reminder, etc.) that may form part of the Services is only a supplementary way of notifying or reminding you / the User / the Patient of actions to take related to your / the User / the Patient’s health and well-being. SOCC is not liable if for any reason a reminder or notification is not delivered to you / the User / the Patient or are delivered late or delivered incorrectly, despite its best efforts or if your / the User / the Patient’s health is impacted negatively due to the same.
14. The online consultation is being conducted with your / the patient’s express written consent and that the prevalent ingrained limitations are known to you / the User / the patient. Yet, you have opted for the same. In the absence of written consent, by initiating the telemedicine consultation process, You / the User, imply your consent and, if applicable, the consent of any minor children, to the terms of the telemedicine consultation.
h. Without prejudice to the generality of the above, SOCC / its Partners will not be liable for:
1. any wrong medication or treatment quality being given by the Doctor / Consultant or diagnostic service provider(s), pharmacy(s) or any medical negligence on part of the any of the above;
2. any type of inconvenience suffered by you / the User / the patient due to a failure on the part of the Doctor / Consultant to make himself/herself available at the appointed time, no show by the Doctor / Consultant, inappropriate treatment, incorrect treatment or similar difficulties;
3. cancellation or rescheduling of booked appointment or any variance in the Fees charged;
4. any medical eventualities that might occur subsequent to using the services of a Doctor / Consultant, diagnostic lab services, pharmacy, whom the User has selected on the basis of the information available on the Website or with whom the User has booked an appointment or performed a transaction through the Website or App;
5. If you / the User/ patient approaches the Doctor / Consultant independently prior or after the first online consultation. - Cancellation of Appointments / Consultations and Refund Policy
a. In the event of a cancellation or rescheduling necessitated by the unavailability of either the doctor or the patient, the patient reserves the right to reschedule the appointment with the same consulting doctor within a period of 30 days from the original appointment date.
b. No refund will be issued for cancellations or rescheduling, whether due to patient or doctor unavailability. - No Doctor Patient Relationship, No Emergency Use and Details on the Website:
a. Some of the content, text, graphics, images, information, suggestions, guidance and other material (collectively “Data”) that may be available on the Website (including information provided in direct response to your questions or postings), may have been provided by individuals in the medical profession. The provision of such Data does not create a licensed medical professional-patient relationship, between SOCC and you / the User / patient and does not constitute an opinion, medical advice or diagnosis or treatment of any particular condition but is only provided to assist you with locating appropriate medical care from a qualified practitioner.
b. SOCC collects, directly or indirectly, and displays on the Website, relevant information regarding the profile and practice of the Doctors / Consultants and its Team, such as their specialisation, qualification, Fees, location and similar details. SOCC takes reasonable efforts to ensure that such information is updated at frequent intervals. SOCC cannot be held liable for any inaccuracies or incompleteness represented from it, despite such reasonable efforts.
c. It is hereby expressly clarified that the Data that you obtain or receive from SOCC, and its employees, partners, sponsors, advertisers, licensors, the Doctors / Consultants or otherwise, as the case may be, on the Website is for informational purposes only. In no event shall SOCC be liable to you or anyone else for any decision made or action taken by you in reliance on such Data.
d. The Services are not intended to be a substitute for getting in touch with emergency healthcare. If you are a User facing a medical emergency (either on your or another person’s behalf), please contact an ambulance service, hospital, doctor or appropriate medical professional directly.
e. The Services provided by SOCC are on an “as is” and “as available” basis, 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). SOCC and its Partners do not provide or make any representation, warranty or guarantee, express or implied about the Website or the Services. To the fullest extent permitted by law, SOCC and its Partners disclaim all liability arising out of your / the User’s / Patient’s use or reliance upon the Website and the Services, representations and warranties or testimonials made by other Users, the content or information provided by your / the Users / Patients on the Website, or any opinion or suggestion given or expressed by SOCC or its Partners or any User in relation to any User or services provided by such User on the Website or otherwise. - Content Ownership And Copyright Conditions Of Access:
a. The contents listed on the Website are as follows:
1. User generated content.
2. Belong to SOCC and its Partners.
3. The information that is collected by SOCC directly or indirectly from you / the Users / the Patient which shall belong to SOCC. Copying of the copyrighted content published by SOCC or its Partners on the Website for any commercial purpose or for the purpose of earning profit will be a violation of copyright and SOCC and its Partners reserve their rights to take action under applicable law accordingly.
4. The contents of the Website including the information, text, graphics, images, logos, button icons, software code, design and the collection, arrangement and assembly of content on the Website, are the property of SOCC or its Partners and are protected under copyright, trademark and other applicable laws. You v / the User shall not modify the SOCC content or reproduce, display, publicly perform, distribute or otherwise use the SOCC content in any way for any public or commercial purpose or for personal gain.
5. You / the User shall not access the Services for purposes of monitoring their availability, performance or functionality or for any other benchmarking or competitive purposes. - Rights And Obligations Relating To Content:
a. You / the User / the Patient are also prohibited from:
1.violating or attempting to violate the integrity or security of the Website or any Content;
2. transmitting any information (including job posts, messages and hyperlinks) on or through the Website that is disruptive or competitive or prejudicial to the provision of Services by SOCC;
3. intentionally submitting any incomplete, false or inaccurate information;
4. making any unsolicited communications to other Users;
5. 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;
6. attempting to decipher, decompile, disassemble or reverse engineer any part of the Website;
7. copying or duplicating in any manner any of the SOCC content or other information available from the Website.
b. SOCC or its Partners 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 above) generated by you / the Users / the Patient or on being notified by the appropriate Government or its agency that the Website is being used by you / the User / the Patient to commit any unlawful act, shall be entitled to remove or disable access to the material or information that is in contravention.
c. In case of non-compliance with any applicable laws, rules or regulations, by you / the User / the Patient, SOCC has the right to immediately terminate the access or usage rights of you / the User / the Patient to the Website and Services and to remove non-compliant information from the Website.
d. SOCC may disclose or transfer your / the User / Patient-generated information to its affiliates or governmental authorities in such a manner as permitted or required by applicable law, and you hereby consent to such transfer. SOCC 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. - Online Payment, Cancellation and Refund Policy:
The online payment, cancellation and refund policy is only applicable to all online payments made through the Website for booking of appointments / consultations.
a. The Website provides the ability to pay online through a third-party gateway for some of the Services available on the Website.
b. If you choose to pay online, you may be directed to a third-party payment gateway to enable processing of the payment. This transaction will be governed by the Terms and Conditions and Privacy Policy of the third-party payment gateway. SOCC shall not be liable: (i) if any transaction does not fructify or may not be completed; or (ii) for any failure on part of the bank or the credit card or the third party site or agency to perform any of its obligations; or (iii) in respect of any loss or damage arising directly or indirectly arising out of the decline or acceptance of authorization for any transaction, for any reason whatsoever.
c. SOCC has no control over and is not liable or responsible for content, accuracy, validity, reliability, quality of any third-party websites made available by/through our Website. Inclusion of any link on the Website does not imply that SOCC endorses the linked site. SOCC assumes no responsibility and shall not be liable for any damage to or viruses that may infect your / the User’s equipment or account as a result of your / the User’s access to, use of or browsing the Website or downloading any material, data, text, images, video content or audio content from the Website. If you / the User / the Patient is dissatisfied with the Website or even the third-party website which you have opted to surf on your own accord then your sole remedy would be to discontinue using the Website. You / the User may use the links and these services at your / the User’s own risk as to the cost and consequences.
d. An appointment given is based on the Doctor’s and/or Consultant’s availability.
e. SOCC will not refund the entire amount or part thereof under any circumstances. - Intellectual Property Rights:
a. The contents of the Website are protected by intellectual property laws of India including but not limited to trademark and copyright laws. Reproduction, retransmission, public and/or commercial use of any or all the material on the Website are prohibited. The logos, service marks and trademarks (“IP Marks“) displayed on the Website are the property of SOCC or its Partners or have been licensed to SOCC or its Partners by the relevant owners for use. You / the User / the Patient may use this material only as expressly authorized by SOCC or its Partners and shall not copy, transmit or create derivative works of such material without express authorization from SOCC or its Partners.
b. You / the User / the Patient acknowledges and agrees that they shall not upload, post, reproduce or distribute any content on or through the Website that is protected by copyright or other proprietary right of a third-party, without obtaining the permission of the owner of such right. Any copyrighted or other proprietary content distributed on or through the Website with the consent of the owner must contain the appropriate copyright or other proprietary rights notice. The unauthorized submission or distribution of copyrighted or other proprietary content is illegal and could subject you / the User / the Patient to personal liability or criminal prosecution. Nothing on the Website should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any trademarks without written permission from SOCC. - Disclaimer Of Warranties:
a. All information available on the Website i.e. Data, is provided on the condition that you / the User / the Patient will make independent determination in respect of its accuracy, completeness or usefulness suitability prior to use or making any decision for any loss or damage in reliance hereof. SOCC and its Partners will not be responsible for the same. Further SOCC and its Partners will not be responsible or liable in any manner for any data added, provided, stored or managed by you / the User / the Patient, including all personally identifiable information.
b. The Data does not constitute an invitation or recommendation to take medical services from SOCC or its Partners nor is such Information a substitute for professional advice or solicitation in respect of medical services/ products or recommendation thereof. SOCC urges you / the Users / the Patient to seek the advice of professionals, as appropriate, regarding the evaluation of any specific opinion, advice, service or other Information or Data.
c. All information on the Website is provided to you “as is” without warranty of any kind either express or implied including, but not limited to implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy. In no event shall SOCC or its Partners be liable for any special, direct, indirect or consequential damages or any damages whatsoever resulting from loss, whether in an action of contract, negligence or other tortuous action, arising out of or in connection with the use or performance of information. All information available on a hyper-link site and any third party is subject to the terms and conditions of the legal notices contained therein. - Limitation Of Liability:
a. Under no circumstances, including on account of any act, omission, commission or negligence, shall the SOCC or anyone else involved in creating, producing or distributing the Services be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Site, Services, User Services or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to the Company records, programs or the Site, Services, or User Services.
b. Notwithstanding the above, the User’s exclusive remedies for all damages, losses and causes of actions whether in contract, including negligence or otherwise, shall not exceed the aggregate amount, which SOCC has received from the User for the service in question. Such limitations shall apply to SOCC’s total liability, including without limitation any liability for damages caused or allegedly caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation of transmission, communications failure, theft of destruction of or unauthorized access to, alteration of, or use of records, whether for breach of contract, tortuous behaviour, negligence, or under any other cause of action.
c. In no event shall SOCC be liable for any direct damages in excess of the Fees paid by you / the User / the Patient for the Service(s). In addition, to the maximum extent permitted by law, in no event shall SOCC be liable for any special, punitive, indirect, incidental or consequential damages, including but not limited to personal injury, wrongful death, loss of use, loss of profits, interruption of service or loss of data, whether in any action in warranty, contract, tort (including, but not limited to negligence or fundamental breach) or otherwise arising out of or in any way connected with the use of or the inability to use, this Website or any Service offered through this Website or any material or information contained in, accessed through, or products purchased from the Site, even if an authorized representative is advised of the likelihood or possibility of the same.
d. SOCC shall not be liable for any breach of service or service deficiency by any Doctor / Consultant in relation to any of the Services.
e. SOCC shall not be liable for any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, in any way relating to or arising out of the use of the Website or your / the User / the Patient’s Services.
f. Without prejudice to the generality of the above, SOCC shall not be liable (directly or vicariously) for:
1. any wrong medication or treatment quality being given by the Doctor / Consultant or any medical negligence on part of the Doctor / Consultant;
2. any medical or other act, omission, commission or negligence on part of the Lab or any of its Doctor / Consultant or auxiliary staff;
3. any misconduct or inappropriate behaviour by the Doctor / Consultant or Tema of SOCC or staff or auxiliary staff;
4. cancellation or rescheduling of booked appointment or any variance in the fees charged;
5. any direct or indirect, medical eventualities that might occur subsequent to you / the User / the Patient using the Services of the Doctor / Consultant or related party, whom you / the User / the Patient has selected on the basis of the information available on the website or with whom you / the User / the Patient has booked an appointment through the Website. - Indemnity:
You / the User / the Patient agrees to indemnify and hold harmless SOCC, its affiliates, officers, directors, employees, consultants, licensors, agents, representatives and Partners from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your / the User / the Patient’s access to or use of Service, violation , 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. SOCC will notify you / the User / the Patient promptly of any such claim, loss, liability, or demand, and in addition to your foregoing obligations, and you / the User / the Patient agree to provide us with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
- Updates to this Policy:
SOCC reserves the right to modify this Privacy Policy from time to time at its sole discretion. While you / the Users / the Patient may be notified of any material changes, it is responsibility of you / the User / the Patient to periodically check for changes and/or updates whilst using the Website. You / the User / the Patient will be bound by the Terms and Conditions and Privacy Policy as modified from time to time.
- Severability:
If any provision herein becomes invalid or illegal or is unenforceable such provision shall be deemed to have been severed from the remaining terms and conditions herein. However, the remaining provisions herein shall not, so far as possible, be affected by such severance and shall continue to remain in force and effect.
- Grievance Officer:
In accordance with Information Technology Act 2000 and Rules made there under, the name and contact details of the Grievance Officer are provided below:
Grievance Officer |
: |
Mr. Keshav Thakur |
Postal Address |
: |
Flat 32 & 33, White Hall Building, 3rd Floor, Next to Shalimar Hotel, Kemp’s Corner, Grant Road West, Mumbai – 400036 |
Contact / Phone number |
: |
+91 9930069204 |
Email address |
: |
keshav77@gmail.com
|
On any grievance being raised, in writing, the Grievance Officer will endeavour to address the concerned grievance within one month from the date of receipt of the grievance in writing. Any such grievance will be addressed in accordance with best practice and applicable law.
If you / the User / the Patient have any questions about this Policy or other privacy concerns, the User can also email us.
- Jurisdiction:
- If you / the User / the Patient choose to visit the Website, you / the User / the Patient’s visit and any dispute over privacy or otherwise is subject to these Terms and Conditions.
2. Any dispute or difference arising in relation to or in connection with these Terms and Conditions shall be referred to a sole arbitrator mutually appointed by SOCC and you / the User. The Arbitration and Conciliation Act, 1996 (and/or any statutory modification and/or re-enactment thereof) shall govern the arbitration proceedings, as amended from time to time. The seat of arbitration shall be Mumbai and the language of arbitration shall be English. The arbitration shall be conducted as per the fast-track procedure, as set out in Section 29B of the Arbitration Act.
3. In addition to the foregoing, any disputes arising under the above shall be governed by the laws of India and the Court of Mumbai shall have exclusive jurisdiction.
- If you / the User / the Patient choose to visit the Website, you / the User / the Patient’s visit and any dispute over privacy or otherwise is subject to these Terms and Conditions.
- The https://www.cheerschildcare.com/ (“Website”) is a property of Cheers Child Healthcare LLP,(“Cheers Child Care”), a partnership firm registered under Limited Liability Partnership Act, 2008, having its registered office at White Hall Building, August Kranti Road, Kemps Corner, Mumbai – 400026, Maharashtra – India.
- These Terms and Conditions apply to https://www.cheerschildcare.com/ and in relation to the services offered by Cheers Child Care to all current and former visitors to our website and to our online Users. A User of the Website and the Patient – his / her representatives / attendant / relative / friends or affiliates (“you” or “User”). By visiting and / or using our Website, you / the User / the Patient have consented and agreed to these Terms and Conditions.
- Nature And Applicability Of Terms:
a. Please carefully go through these Terms and Conditions and the Privacy Policy available at https://www.cheerschildcare.com/ before you decide to continue accessing / access the Website or avail the Services made available by us.
b. Should you disagree with any part of the Terms and Conditions or the Privacy Policy, as updated from time to time, please do not use the Website or avail any Services. Should you continue to access this Website, it would amount to your irrevocable deemed acceptance of these Terms and Conditions which you agree to fully abide by.
c. These Terms and Conditions supersede all previous oral and written terms and conditions (if any) communicated to you / the User / Patient. By availing any Service, you / the User / the Patient signifies your agreement and acceptance of the same. We reserve the right to modify or terminate or amend any portion of these Terms and Conditions for any reason and at any time.
d.The Services which are made available on the Website may change from time to time, at the sole discretion of Cheers Child Care.
e. These Terms and Conditions are in compliance with the applicable laws including but not limited to the Indian Contract Act, 1872, the Information Technology Act, 2000, the rules and regulations of the Indian Medical Council and the State Medical Council, as the case may be.
- Booking Appointments, Diagnostic Tests, Ordering Medicines And Interaction With Medical Service Providers – Doctors / Consultants:
a. You / the User must be above 18 (eighteen) years of age or older in order to book an Appointment / Consultation for a Patient (which Patient may be under 18 years of age) and / or use the Services and / or visit the Website and accept these Terms and Conditions and Privacy Policy.
b. By registering, booking an Appointment, visiting or using the Website and / or availing the Services provided, you / the User are accepting these Terms and Conditions and representing that you / the User are above 18 (Eighteen) years of age or older, and that you / the User have every right, authority and capacity to use the Website and the Services available through the Website, as well as book an appointment for a consultation on behalf of the Patient, and agree to and abide by these Terms and Conditions.
c. When booking an Appointment / Consultation, you / the User / the Patient shall provide accurate details as sought in the required fields in the Form. It is your / the User’s responsibility to ensure that your correct mobile number and email id are updated on the Website. All reminders and notifications will be sent to the account associated with the mobile number and / or email id which is provided by you / the User. Cheers Child Care shall not be responsible for any loss or inconvenience cause due to your / the User’s non-updation of your contact details. Any inaccurate details which are provided which is later discovered by Cheers Child Care, may result in a cancellation of the Appointment / Consultation and Cheers Child Care will exercise its discretion in refunding the Fee as indicated on the Website.
d. If you / the User accesses your dependents’ record through your / the User’s personal health record by registering your dependents with your / the User’s own personal health record, you / the User are deemed to be responsible for the records of your dependents and all obligations that your dependent’s would have had, if they had maintained their own separate individual personal health record. Should you provide access to your health record / access to the Website log-in to anyone else, you are deemed to be responsible for your / the User’s own actions, access and transaction that that the person / User takes related to your / the User’s / the Patient’s health record. Cheers Child Care or its Partners are not responsible or liable for any action, transaction, loss, leakage or any other liability arising out of this.
e. While Cheers Child Care will try to ensure a confirmed appointment with the Doctor / Consultant for you / the User who requested an appointment on the Website, Cheers Child Care and its Partners do not guarantee that the User will get a confirmed Appointment / Consultation. Further, Cheers Child Care and its Partners have no liability if such an Appointment / Consultation is confirmed but later cancelled, postponed or rescheduled by the Doctor / Consultant owing to their unavailability at the given Appointment / Consultation time.
f. You / the User hereby agree and guarantee that at all and any given point of time, the Patient, shall be accompanied by a Natural and/ or Legal Guardian and shall start the Appointment / Consultation by making an honest disclosure about the relationship between the Patient and the User and / or those accompanying.
g. Should you / the User choose to avail of the online consultation, that implies that you / the User agree, confirm and acknowledge that:
i. Cheers Child Care is offering an online consultation in the form of SOOCC i.e. Second Opinion Online Consultation for Children which may include the concerned Doctor / Consultant giving an online consultation which may or may not be a video consultation where you / the User / the Patient is unable to avail of an in-person consultation.
ii. An online consultation can never be compared to a normal in-person / in-clinic consultation where the Doctor / Consultant is able to physically examine the Patient. Hence, you / the User are at all times advised to opt for an in-person consultation with the Doctor / Consultant for a more in-depth consultation.
iii. All the accurate details / reports / scans / tests / x-rays / prescriptions / previous diagnosis and / or treatment, etc. (collectively “Information”), which may be available with you / the User / the Patient, which is relevant to the ailment and / or consultation which is being sought, has been submitted / provided / divulged to the Doctor / Consultant who is conducting the online consultation, either in advance or at the time of the consultation. While speaking to the Doctor / Consultant, you / the User / the Patient shall at all times answer the queries posed and communicate those details which may be essential and relevant to the consultation. The accuracy, adequacy, reliability and liability of any Patient-created information generated or created by you / the User is your / the User’s sole responsibility. You / the User shall be responsible for maintaining the confidentiality of your Information.
iv. Any Information which is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), shall be solely your / the User’s / Patient’s liability and Cheers Child Care and those Doctors / Consultants who are interacting with you / the User / the Patient shall not in any way be liable and / or responsible for the same nor for the unlikely event of an error in diagnosis or management in the consultation owing to any inaccurate / incomplete information provided by you / the User / the Patient. Cheers Child Care and its Partners do not guarantee the accuracy or completeness of any content or information provided by you / the Users on the Website
v. In the event of any Information which is provided by You / the User is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete) or Cheers Child Care has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Cheers Child Care shall have the right to discontinue the Services to you / the User / the Patient, at its sole discretion.
vi. You / the User fully indemnifies and holds harmless, Cheers Child Care, its Partners and Doctors / Consultant with respect to any inaccuracies, inadequacy, error, loss, problem, liability or any other issue arising out of any Patient-created information entered or accessed by the You / the User or on your / the Patient’s behalf on the Website.
vii. The personal health record facility is provided on a best-efforts as-is basis. While we strive to maintain the highest levels of Service availability, Cheers Child Care or its Partners are not liable for any interruption that may be caused to your access of the Services.
viii. As you / the User has opted for an online consultation, you are also aware and confirm that should your / the User’s / patient’s, as the case may be depending on who is seeking the consultation at the time, symptoms do not improve then it is your / the User’s sole responsibility to access medical assistance from the nearest hospital / clinic.
ix. By accepting the online consultation you / the User / the Patient have indemnified and kept indemnified and held harmless Cheers Child Care, the Doctors / Consultant from and against any an all actions, claims, demands, costs, liability, proceedings, etc. which may result from an unlikely event of an error in diagnosis or management due to the occurrence of sub-optimal technical conditions and / or inaccurate Information being provided by you / the User / the Patient. While every attempt will be made to ensure ideal conditions, unforeseen situations may occur.
x. Cheers Child Care and the Doctors / Consultants shall not be responsible for complete accuracy of the online consultation, limited in its scope as it is, with no physical examination of you / the User / patient, as the case may be, being possible. While every attempt will be made to ensure comprehensiveness of the consultation, unforeseen situations may arise.
xi. Any health-related reminder or notification service (like vaccination reminder, appointment reminder, etc.) that may form part of the Services is only a supplementary way of notifying or reminding you / the User / the Patient of actions to take related to your / the User / the Patient’s health and well-being. Cheers Child Care is not liable if for any reason a reminder or notification is not delivered to you / the User / the Patient or are delivered late or delivered incorrectly, despite its best efforts or if your / the User / the Patient’s health is impacted negatively due to the same
xii. The online consultation is being conducted with your / the patient’s express written consent and that the prevalent ingrained limitations are known to you / the User / the patient. Yet, you have opted for the same.
h. Without prejudice to the generality of the above, Cheers Child Care / its Partners will not be liable for:
i. any wrong medication or treatment quality being given by the Doctor / Consultant or diagnostic service provider(s), pharmacy(s) or any medical negligence on part of the any of the above;
ii. any type of inconvenience suffered by you / the User / the patient due to a failure on the part of the Doctor / Consultant to make himself/herself available at the appointed time, no show by the Doctor / Consultant, inappropriate treatment, incorrect treatment or similar difficulties;
iii. cancellation or rescheduling of booked appointment or any variance in the Fees charged;
iv. any medical eventualities that might occur subsequent to using the services of a Doctor / Consultant, diagnostic lab services, pharmacy, whom the User has selected on the basis of the information available on the Website or with whom the User has booked an appointment or performed a transaction through the Website or App
v. If you / the User/ patient approaches the Doctor / Consultant independently prior or after the first online consultation. - No Doctor Patient Relationship, No Emergency Use and Details on the Website:
a. Some of the content, text, graphics, images, information, suggestions, guidance and other material (collectively “Data”) that may be available on the Website (including information provided in direct response to your questions or postings), may have been provided by individuals in the medical profession. The provision of such Data does not create a licensed medical professional-patient relationship, between Cheers Child Care and you / the User / patient and does not constitute an opinion, medical advice or diagnosis or treatment of any particular condition but is only provided to assist you with locating appropriate medical care from a qualified practitioner.
b. Cheers Child Care collects, directly or indirectly, and displays on the Website, relevant information regarding the profile and practice of the Doctors / Consultants and its Team, such as their specialisation, qualification, Fees, location and similar details. Cheers Child Care takes reasonable efforts to ensure that such information is updated at frequent intervals. Cheers Child Care cannot be held liable for any inaccuracies or incompleteness represented from it, despite such reasonable efforts.
c. It is hereby expressly clarified that the Data that you obtain or receive from Cheers Child Care, and its employees, partners, sponsors, advertisers, licensors, the Doctors / Consultants or otherwise, as the case may be, on the Website is for informational purposes only. In no event shall Cheers Child Care be liable to you or anyone else for any decision made or action taken by you in reliance on such Data.
d. The Services are not intended to be a substitute for getting in touch with emergency healthcare. If you are a User facing a medical emergency (either on your or another person’s behalf), please contact an ambulance service, hospital, doctor or appropriate medical professional directly.
e. The Services provided by Cheers Child Care are on an “as is” and “as available” basis, 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). Cheers Child Care and its Partners do not provide or make any representation, warranty or guarantee, express or implied about the Website or the Services. To the fullest extent permitted by law, Cheers Child Care and its Partners disclaim all liability arising out of your / the User’s / Patient’s use or reliance upon the Website and the Services, representations and warranties or testimonials made by other Users, the content or information provided by your / the Users / Patients on the Website, or any opinion or suggestion given or expressed by Cheers Child Care or its Partners or any User in relation to any User or services provided by such User on the Website or otherwise.
6. Content Ownership And Copyright Conditions Of Access:
a. The contents listed on the Website are as follows:
i. User generated content.
ii. Belong to Cheers Child Care and its Partners.
iii. The information that is collected by Cheers Child Care directly or indirectly from you / the Users / the Patient which shall belong to Cheers Child Care. Copying of the copyrighted content published by Cheers Child Care or its Partners on the Website for any commercial purpose or for the purpose of earning profit will be a violation of copyright and Cheers Chill Care and its Partners reserve their rights to take action under applicable law accordingly.
b. The contents of the Website including the information, text, graphics, images, logos, button icons, software code, design and the collection, arrangement and assembly of content on the Website, are the property of Cheers Child Care or its Partners and are protected under copyright, trademark and other applicable laws. You v / the User shall not modify the Cheers Child Care content or reproduce, display, publicly perform, distribute or otherwise use the Cheers Child Care content in any way for any public or commercial purpose or for personal gain.
c. You / the User shall not access the Services for purposes of monitoring their availability, performance or functionality or for any other benchmarking or competitive purposes.
7. Rights And Obligations Relating To Content:
a. You / the User / the Patient are also prohibited from:
i. violating or attempting to violate the integrity or security of the Website or any Content;
ii. transmitting any information (including job posts, messages and hyperlinks) on or through the Website that is disruptive or competitive or prejudicial to the provision of Services by Cheers Child Care;
iii. intentionally submitting any incomplete, false or inaccurate information;
iv. making any unsolicited communications to other Users;
v. 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;
vi. attempting to decipher, decompile, disassemble or reverse engineer any part of the Website;
vii. copying or duplicating in any manner any of the Cheers Child Care content or other information available from the Website.
b. Cheers Child Care or its Partners 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 above) generated by you / the Users / the Patient or on being notified by the appropriate Government or its agency that the Website is being used by you / the User / the Patient to commit any unlawful act, shall be entitled to remove or disable access to the material or information that is in contravention.
c. In case of non-compliance with any applicable laws, rules or regulations, by you / the User / the Patient, Cheers Child Care has the right to immediately terminate the access or usage rights of you / the User / the Patient to the Website and Services and to remove non-compliant information from the Website.
d. Cheers Child Care may disclose or transfer your / the User / Patient-generated information to its affiliates or governmental authorities in such a manner as permitted or required by applicable law, and you hereby consent to such transfer. Cheers Child Care 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.
8. Online Payment, Cancellation and Refund Policy:
The online payment, cancellation and refund policy is only applicable to all online payments made through the Website for booking of appointments / consultations.
a. The Website provides the ability to pay online through a third-party gateway for some of the Services available on the Website.
b. If you choose to pay online, you may be directed to a third-party payment gateway to enable processing of the payment. This transaction will be governed by the Terms and Conditions and Privacy Policy of the third-party payment gateway. Cheers Child Care shall not be liable: (i) if any transaction does not fructify or may not be completed; or (ii) for any failure on part of the bank or the credit card or the third party site or agency to perform any of its obligations; or (iii) in respect of any loss or damage arising directly or indirectly arising out of the decline or acceptance of authorization for any transaction, for any reason whatsoever.
c. Cheers Child Care has no control over and is not liable or responsible for content, accuracy, validity, reliability, quality of any third-party websites made available by/through our Website. Inclusion of any link on the Website does not imply that Cheers Child Care endorses the linked site. Cheers Child Care assumes no responsibility and shall not be liable for any damage to or viruses that may infect your / the User’s equipment or account as a result of your / the User’s access to, use of or browsing the Website or downloading any material, data, text, images, video content or audio content from the Website. If you / the User / the Patient is dissatisfied with the Website or even the third-party website which you have opted to surf on your own accord then your sole remedy would be to discontinue using the Website. You / the User may use the links and these services at your / the User’s own risk as to the cost and consequences.
d. An appointment given is based on the Doctor’s and/or Consultant’s availability.
e. Cheers Child Care reserves its right to refund the entire amount or part thereof in such circumstances, as it determines as per its discretion.
f. If a Doctor / Consultant cancels an Appointment / Consultation:
In the event there is a cancellation of an appointment due to the unavailability of the Doctor/ Consultant, the patient / User may request for:
i. the appointment to be rescheduled to any other date and / or time, as per the Doctor/ Consultant’s availability; or
ii. a refund of the fee paid. 100% of the Fee may be refunded to the patient / User if the patient / User requests for the same within 24 hours from the time of having knowledge of the cancellation of the appointment. An interest fee refund will be remitted into the account of the patient / User within 7 (seven) business days. The Fee will be refunded via the same source of payment and will be subject to the payment and refund terms of the source as well.
g. If the patient / User cancels an Appointment / Consultation:
In the event of a cancellation of an Appointment / Consultation by the patient / User:
i. the same may be rescheduled to any other date and / or time, as per the Doctor/ Consultant’s availability; or
ii. within 24 hours prior to the scheduled Appointment / Consultation, then the patient / User may request for a refund of the Fee, which request must be made at the time of cancellation within the above stipulated time. An interest free refund will be remitted into the account of the patient / User within 7 (seven) business days. The Fee will be refunded via the same source of payment and will be subject to the payment and refund terms of the source as well. Failure to cancel the appointment and / or request for a refund prior to 24 hours from the scheduled time of the Appointment / Consultation, would result in the patient / User being illegible for a refund of the Fee.
- Intellectual Property Rights:
a. The contents of the Website are protected by intellectual property laws of India including but not limited to trademark and copyright laws. Reproduction, retransmission, public and/or commercial use of any or all the material on the Website are prohibited. The logos, service marks and trademarks (“IP Marks“) displayed on the Website are the property of Cheers Child Care or its Partners or have been licensed to Cheers Child Care or its Partners by the relevant owners for use. You / the User / the Patient may use this material only as expressly authorized by Cheers Child Care or its Partners and shall not copy, transmit or create derivative works of such material without express authorization from Cheers Child Care or its Partners.
b. You / the User / the Patient acknowledges and agrees that they shall not upload, post, reproduce or distribute any content on or through the Website that is protected by copyright or other proprietary right of a third-party, without obtaining the permission of the owner of such right. Any copyrighted or other proprietary content distributed on or through the Website with the consent of the owner must contain the appropriate copyright or other proprietary rights notice. The unauthorized submission or distribution of copyrighted or other proprietary content is illegal and could subject you / the User / the Patient to personal liability or criminal prosecution. Nothing on the Website should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any trademarks without written permission from Cheer Child Care.
- Disclaimer Of Warranties:
a. All information available on the Website i.e. Data, is provided on the condition that you / the User / the Patient will make independent determination in respect of its accuracy, completeness or usefulness suitability prior to use or making any decision for any loss or damage in reliance hereof. Cheers Child Care and its Partners will not be responsible for the same. Further Cheers Child Care and its Partners will not be responsible or liable in any manner for any data added, provided, stored or managed by you / the User / the Patient, including all personally identifiable information.
b. The Data does not constitute an invitation or recommendation to take medical services from Cheers Child Care or its Partners nor is such Information a substitute for professional advice or solicitation in respect of medical services/ products or recommendation thereof. Cheers Child Care urges you / the Users / the Patient to seek the advice of professionals, as appropriate, regarding the evaluation of any specific opinion, advice, service or other Information or Data.
c. All information on the Website is provided to you “as is” without warranty of any kind either express or implied including, but not limited to implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy. In no event shall Cheers Child Care or its Partners be liable for any special, direct, indirect or consequential damages or any damages whatsoever resulting from loss, whether in an action of contract, negligence or other tortuous action, arising out of or in connection with the use or performance of information. All information available on a hyper-link site and any third party is subject to the terms and conditions of the legal notices contained therein.
- Limitation Of Liability:
a. Under no circumstances, including on account of any act, omission, commission or negligence, shall the Cheer Child Care or anyone else involved in creating, producing or distributing the Services be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Site, Services, User Services or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to the Company records, programs or the Site, Services, or User Services.
b. Notwithstanding the above, the User’s exclusive remedies for all damages, losses and causes of actions whether in contract, including negligence or otherwise, shall not exceed the aggregate amount, which Cheer Child Care has received from the User for the service in question. Such limitations shall apply to Cheer Child Care’s total liability, including without limitation any liability for damages caused or allegedly caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation of transmission, communications failure, theft of destruction of or unauthorized access to, alteration of, or use of records, whether for breach of contract, tortuous behaviour, negligence, or under any other cause of action.
c. In no event shall Cheer Child Care be liable for any direct damages in excess of the Fees paid by you / the User / the Patient for the Service(s). In addition, to the maximum extent permitted by law, in no event shall Cheer Child Care be liable for any special, punitive, indirect, incidental or consequential damages, including but not limited to personal injury, wrongful death, loss of use, loss of profits, interruption of service or loss of data, whether in any action in warranty, contract, tort (including, but not limited to negligence or fundamental breach) or otherwise arising out of or in any way connected with the use of or the inability to use, this Website or any Service offered through this Website or any material or information contained in, accessed through, or products purchased from the Site, even if an authorized representative is advised of the likelihood or possibility of the same.
d. Cheer Child Care shall not be liable for any breach of service or service deficiency by any Doctor / Consultant in relation to any of the Services.
e. Cheer Child Care shall not be liable for any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, in any way relating to or arising out of the use of the Website or your / the User / the Patient’s Services.
f. Without prejudice to the generality of the above, Cheers Child Care shall not be liable (directly or vicariously) for:
i. any wrong medication or treatment quality being given by the Doctor / Consultant or any medical negligence on part of the Doctor / Consultant;
ii. any medical or other act, omission, commission or negligence on part of the Lab or any of its Doctor / Consultant or auxiliary staff;
iii. any misconduct or inappropriate behaviour by the Doctor / Consultant or Tema of Cheers Child Care or staff or auxiliary staff;
iv. cancellation or rescheduling of booked appointment or any variance in the fees charged;
v. any direct or indirect, medical eventualities that might occur subsequent to you / the User / the Patient using the Services of the Doctor / Consultant or related party, whom you / the User / the Patient has selected on the basis of the information available on the website or with whom you / the User / the Patient has booked an appointment through the Website.
- Indemnity:
You / the User / the Patient agrees to indemnify and hold harmless Cheers Child Care, its affiliates, officers, directors, employees, consultants, licensors, agents, representatives and Partners from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your / the User / the Patient’s access to or use of Service, violation , 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. Cheers Child Care will notify you / the User / the Patient promptly of any such claim, loss, liability, or demand, and in addition to your foregoing obligations, and you / the User / the Patient agree to provide us with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
- Updates to this Policy:
Cheers Child Care reserves the right to modify this Privacy Policy from time to time at its sole discretion. While you / the Users / the Patient may be notified of any material changes, it is responsibility of you / the User / the Patient to periodically check for changes and/or updates whilst using the Website. You / the User / the Patient will be bound by the Terms and Conditions and Privacy Policy as modified from time to time.
- Severability:
If any provision herein becomes invalid or illegal or is unenforceable such provision shall be deemed to have been severed from the remaining terms and conditions herein. However, the remaining provisions herein shall not, so far as possible, be affected by such severance and shall continue to remain in force and effect.
- Grievance Officer:
In accordance with Information Technology Act 2000 and Rules made there under, the name and contact details of the Grievance Officer are provided below:
Grievance Officer |
: |
Mr. Keshav Thakur |
Postal Address |
: |
Flat 32 & 33, White Hall Building, 3rd Floor, Next to Shalimar Hotel, Kemp’s Corner, Grant Road West, Mumbai – 400036 |
Contact / Phone number |
: |
+91 9930069204 |
Email address |
: |
keshav77@gmail.com |
On any grievance being raised, in writing, the Grievance Officer will endeavour to address the concerned grievance within one month from the date of receipt of the grievance in writing. Any such grievance will be addressed in accordance with best practice and applicable law.
If you / the User / the Patient have any questions about this Policy or other privacy concerns, the User can also email us.
- Jurisdiction:
a. If you / the User / the Patient choose to visit the Website, you / the User / the Patient’s visit and any dispute over privacy or otherwise is subject to these Terms and Conditions.
b. Any dispute or difference arising in relation to or in connection with these Terms and Conditions shall be referred to a sole arbitrator mutually appointed by Cheers Child Care and you / the User. The Arbitration and Conciliation Act, 1996 (and/or any statutory modification and/or re-enactment thereof) shall govern the arbitration proceedings, as amended from time to time. The seat of arbitration shall be Mumbai and the language of arbitration shall be English. The arbitration shall be conducted as per the fast-track procedure, as set out in Section 29B of the Arbitration Act.
c. In addition to the foregoing, any disputes arising under the above shall be governed by the laws of India and the Court of Mumbai shall have exclusive jurisdiction.