TERMS OF USE

These Terms of Use (“Terms”) govern the use of https://www.pihealthcancerhospital.com/ (“Website”). The Website is owned and operated / provided by B10 Health Technologies Private Limited (“we” / “us” / “our”/ “B10”), a company incorporated under the Companies Act, 2013 with the corporate identification number of U85100TG2022FTC160174, and having its registered office at Plot No. 184, Survey No. 110, Phase IV, HIG-B, DLF Road, Gachibowli, K.V. Rangareddy, Seri Lingampally, Telangana, India, 500032.

These Terms contain provisions that limit our liability to you.

Our services and the Website are offered to users (“you” / “your”) based on your acceptance of these Terms. Please read these Terms and the Privacy Policy (which is incorporated herein by reference) carefully.

By accessing or using the Website, you affirm that:

• you have read and understood these Terms.
• you will fully comply with these Terms and agree to be bound by these Terms.
• you are of legal age to enter into these Terms or, if you are not of legal age, you have obtained parental or guardian consent to enter into these terms.

The Website is intended to offer a platform for the user for scheduling appointments, second opinion and getting in touch with the Company. These terms of use (“Terms”) govern the Website and any related features, applications, and content offered by us as part of or ancillary to the Website, including any new improvements, updates, additions, and enhancements thereto by us from time to time.

If you do not agree to these Terms of Use and the Privacy Policy, you may not access or use the site or any content, features, functionality, or services offered on or through the Website.

1. AGE RESTRICTIONS

1.1. Website is not intended for users below the age of 18 years, except under parental control or supervision. By accessing or using Website, user confirms that he / she is above the age of 18 years and competent to contract under the Indian Contract Act, 1872.

1.2. In the event that you are utilizing the Website on behalf of another entity / person, you hereby undertake and represent that you are legally authorized to accept these Terms on behalf of such person / entity, and in such case, all these Terms shall be binding upon such person / entity.

1.3. In the event that you are below the age of 18 (eighteen) years and / or not legally entitled to enter into these Terms for any reason whatsoever, we request that you forthwith cease using our Website. Please note that we will not be liable for any unauthorized usage of our Website by any individual in contravention of these Terms.

2. PERMITTED USE

2.1. The user may use Website for non-commercial personal use and for no other purpose. Any content, material or services provided on Website should not be used for any form of comparative benchmarking, ranking or survey to be conducted by any third party. B10 reserves the right to bar, restrict or suspend any user’s access to Website for any reason. B10 reserves any rights not explicitly granted in these Terms.

3. PRIVACY

3.1. B10 respects and values the privacy of users of the Website. Your submission of information through the Website is governed by our Privacy Policy. You represent and warrant that any information you provide in connection with the Website is and will remain accurate and complete, and that you will maintain and update such information as needed.

3.2. Please be advised that the Website is hosted in foreign jurisdictions by third party dedicated hosting service provider. Notwithstanding the above, the Digital Personal Data Protection Act, 2023 (“DPDP Act”) shall apply to the processing of personal data insofar as such data is being processed for the provision of services under this Website. By continuing to use the Website, you also consent to the processing of your data in compliance with our Privacy Policy.

4. EXTERNAL LINKS

4.1. The Website may contain links to third-party websites. Linked sites are not under the control of B10, and B10 is not responsible for the content of any linked site. Links are provided for convenience only, and a link does not imply that B10 endorses, sponsors, or is affiliated with the linked site. We neither control nor endorse, and we are not responsible for any third party websites and the materials available thereon, including the accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness, or safety of such third party material, or any intellectual property rights therein. Nothing in these Terms shall be deemed to be a representation or warranty by B10 with respect to any third party website or the material available on such websites. We have no obligation to monitor third party materials, and we may block or disable access to any third party materials (in whole or part) through the Website at any time. Use of third-party websites is at user’s own risk and subject to the terms and conditions of use for such sites. These Terms do not apply to other websites. B10 disclaims any and all liability for any medical and health treatment related information set forth on linked sites.

5. GRANT OF LICENSE AND USER’S OBLIGATIONS

5.1. Subject to these Terms, B10 grants you a revocable, non-exclusive, non-transferable, non-sublicensable, limited personal license to access the Website for your lawful personal and noncommercial uses. The license granted under these Terms is limited to the Website as described herein and shall not be considered to include any software, product, or service of B10 or its affiliates not specified in these Terms.

5.2. Users shall not use the Website:

1. for any unlawful purpose or in violation of any applicable law, regulation, international law or laws of any other country; or
2. in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others, or violate the privacy or other personal rights of others.

5.3. Users shall refrain from:

1. violating or attempting to violate the security of Website;
2. accessing data not intended for such Website or logging into a server or account which the user is not authorized to access;
3. attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
4. attempting to interfere with services, host or network, including, without limitation, via means of submitting a virus, overloading, “flooding”, “spamming”, “mail bombing”, “hacking” or “crashing”; violations of system or network security may result in civil or criminal liability.

5.4. In addition to the above, the users shall not:

1. modify, adapt, translate, or reverse engineer the Website or any of its feature;
2. remove any copyright, trademark or other proprietary rights notices contained on the Website;
3. reformat or frame any portion of the pages that are part of Website;
4. submit any content or material that falsely expresses or implies that such content or material is sponsored or endorsed by B10;
5. transmit any viruses, worms, defects, Trojan horse, adware, spyware, scareware, or other items/malware of destructive nature; or
6. use of the Website to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including those that are deemed threatening or obscene.

5.5. In utilisation of our Website, you undertake to comply with the user guidelines as set out above and more particularly described in Annexure I hereto, at all times.

6. USER DATA

6.1. You retain ownership of any communications or material of any kind that you email, post, or transmit through the Website, including data, questions, comments, suggestions, proposals, or other feedback, media inquiries, job applications, or the like (“User Data”). User Data will be treated as non-confidential and non-proprietary. If you choose to make any of your personally identifiable or other information publicly available on or through the Website, you do so at your own risk.

6.2. You hereby grant B10 a non-exclusive, royalty-free, fully paid-up, perpetual, worldwide, irrevocable, transferable, and fully sublicensable (through multiple tiers of sublicensees) right and license to reproduce, transmit, perform and display (publicly or otherwise), creative derivative works of, adapt, modify, disclose, and otherwise use, analyze, and exploit any User Data in accordance with our Privacy Policy, in any format or media now known or hereafter developed, and for any purpose (including promotional purposes, such as testimonials).

7. INTELLECTUAL PROPERTY

7.1. All information, data, text, images, videos, web layout, source code and object code of the software used for or in relation to Website is the exclusive copyright of B10 under the Indian Copyright Act, 1957 depicted as “© 2024 B10 Health Technologies Private Limited.”

7.2. B10 or its licensors, parent company, affiliates, partners and each of their respective successors and assigns (“Affiliates”) retain sole and exclusive ownership of all worldwide right, title, and interest, including all copyrights, patent rights, trade secret rights, and other intellectual property and proprietary rights in and to the Website including all the information, content, images, logos, trade names, domain names, service marks and other materials on Website, information, reports, software, tools, links, and resources comprising or embodied in the Website or provided through the Website, as well as all technologies used by Pi Health to provide and operate the Website, including its look and feel (collectively “Web Content”). Other than a limited license to use the Website as provided in these Terms, you have and acquire no other right or license with respect to the Website or any portion or component thereof. Any unauthorized reproduction, republication, distribution, display, transmission, sale, or any other use and/or duplication of any material available on Website, without express and written approval of B10 is strictly prohibited and may result in civil and/or criminal penalties. B10 and Affiliates reserve all rights not expressly granted herein. There are no implied rights or licenses granted to you under these Terms.

7.3. The trademarks, trade names, service marks, service names, logos, and other source or business identifiers (“Marks”) used and displayed on the Website are registered or unregistered Marks of B10 or Affiliates (collectively, the “Pi Health Trademarks”). All Marks on the Website not owned by us are the property of their respective owners. You may not use the Pi Health Trademarks in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained on the Website or otherwise should be construed as granting any right to use any Marks without the express prior written consent of their owner.

7.4. B10 respects the intellectual property rights of others (the “Claimant”). If the Claimant believes that any material on Website infringes upon their copyright or trademark, they may notify B10 through an email at [email protected] and B10 shall make all reasonable efforts to address the same.

8. REMEDIES FOR BREACH

8.1. Upon violation of any of these Terms, in particular Section 5, by the user, B10 reserves the right to take appropriate actions to prevent/control such violation.

8.2. B10 shall also be entitled to investigate occurrences which may involve such violations and may take appropriate legal action, involve and cooperate with law enforcement authorities in prosecuting users who are involved in such violations.

9. DISCLAIMER

9.1. Website may have technical inaccuracies, typographical mistakes, and other inadvertent errors. B10 hereby disclaims any liability or responsibility for any harm resulting from the use or access of Website. Website and all its Web Content are provided on “AS IS” basis to the fullest extent permitted by laws as applicable in India. B10 does not warrant that Website or its web content are (a) fit for any particular purpose; (b) uninterrupted or error-free; or (c) free of defects such as viruses, malfunctions, or harmful components that could damage or allow unauthorized access to the user’s computer, network, or any mobile device. B10 and its Affiliates disclaim all warranties with respect to the Website, content, and third party materials, including the warranties of title, merchantability, non-infringement, and fitness for a particular purpose. All disclaimers of any kind (including as set forth in this section or elsewhere in these terms) are made for the benefit of both b10 and its affiliates and its and their respective shareholders, directors, officers, employees, agents, representatives, licensors, suppliers, service providers, and subcontractors, and their respective successors and assigns. No information, whether oral or written, obtained by the user from Website shall create any warranty not expressly or impliedly made herein. B10 hereby expressly declares that it makes no representations or warranties that Website is appropriate or available for use in all geographical locations.

9.2. The Website provides information about B10, its business, development, research and certain health conditions, lifestyle, diseases etc. which are only for information purposes. The Website is in no way intended to replace professional medical care or attention by a qualified practitioner. Information and other content provided on or through the Website cannot and should not be used as a basis for diagnosis or choice of treatment. You acknowledge that neither B10 nor any of its affiliates assume any responsibility for the risks associated with your reliance on any information made available on or through the Website.

9.3. Without limitation, B10 does not recommend or endorse any specific tests, medications, products, services, treatments, therapies, or procedures. B10 cannot answer unsolicited emails requesting personal medical advice. Users should always consult a healthcare professional.

9.4. B10 is not responsible for the actions, content, information, or data of third parties and the user releases B10, its directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim the user has against any such third parties.

10. CHANGES TO THESE TERMS

We will maintain a current copy of these Terms on the Website. You understand and agree that we may change these Terms at any time. If we make changes to these Terms, we will notify you of such changes (such as by posting a notice on the Website, or if you have provided us with your email, we may send you an email notification). If any change to these Terms is not acceptable to you, you shall cease accessing and otherwise using the Website.

11. TERMINATION OF THE TERMS

These Terms are effective until terminated. B10 reserves the right, in its sole discretion, to restrict, suspend, or terminate these Terms and your access to all or any part of the Website or its content at any time and for any reason (or no reason) without prior notice or liability. Upon any such termination or suspension, your right to use the Website will immediately cease, and B10 may, without liability to you or any third party, immediately delete all associated User Data or other materials, without any obligation to provide any further access to such materials. Except for the license granted pursuant to Section 6.2, all other terms and provisions of these Terms will survive the termination of these Terms.

12. INDEMNIFICATON AND LIMITATION OF LIABILITY

12.1. Users agree to defend, indemnify and hold B10, its officers, directors, employees, agents, harmless from and against any claims, actions or demands, liabilities and settlements (including without limitation reasonable legal fees), resulting from or alleged to result from the violation of these Terms by the users, or breach of any intellectual property of B10. B10 shall provide notice to you of any such claim. B10 reserves the right to assume the exclusive defense and control of any such claim, and you agree to reasonably cooperate with any such defense.

12.2. Neither B10 nor any of its affiliates shall be liable for any direct, indirect, incidental, special, or consequential damages resulting from the use or the inability to use Website including, but not limited to (a) damages caused by viruses, malfunctions, or harmful components accessed through the Website, and (b) damages for lost profits, loss of data, or other intangibles, whether foreseeable or unforeseeable.

13. GOVERNING LAW AND JURISDICTION

14.1. These Terms shall be governed by, interpreted and construed in accordance with the laws of India and any disputes in relation to the same shall be subject to the exclusive jurisdiction of the courts of Hyderabad, Telangana.

14. MISCELLANEOUS

14.1. The Terms shall be interpreted, construed and enforced in accordance with the laws as applicable in India without regard to conflict/choice of law principles.

14.2. In a situation where any provision of the Terms is found to be invalid or unenforceable, such provision shall be severed from the remaining Terms, which shall remain in full force and effect.

14.3. No waiver of any breach or default of the Terms shall be deemed to be a waiver of any preceding or subsequent breach or default.

14.4. The Terms, together with Privacy Policy contain the sole and entire agreement between the Parties with respect to the subject matter thereof.

14.5. You may not assign, transfer, or sublicense any or all of your rights or obligations under these Terms without our express written consent. B10 may assign, transfer, or sublicense any or all of our rights under these Terms with no restriction to any party at any time without notice to you. These Terms will inure to the benefit of our successors, assigns, licensees, and sublicensees.

14.6. You agree that, where applicable, we may send you notice via email to the email address you have provided, and we are not responsible for your failure to receive notice if email is quarantined by your email security system (e.g., “junk” or “spam” folder) or if you fail to update your email address. You also agree that we may send you notice through the Website.

15. INFORMATION OR COMPLAINTS

15.1. If you have a question or complaint regarding the Website, please Contact Us via the “Contact Us” page or feature on the Website. You may also contact us by writing to [email protected]. E-mail communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your e-mail correspondence with us.

ANNEXURE I | USER GUIDELINES

You agree not to undertake any of the following activities in your usage of our Website:

1. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
2. Send unsolicited messages or messages in a language that is prohibitive, defamatory, vulgar, or such like;
3. Disseminate any information that is objectionable in nature or in violation of applicable laws or intellectual / ownership rights of any other persons / entities;
4. Conducting any fraudulent activities, including creating false accounts and providing inaccurate information to B10 for usage of the Website and our services;
5. Use any device or software to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website; and
6. Use the Website in a manner inconsistent with these Terms and any, and all, applicable laws and regulations.

B10 reserves the right to: (a) review your usage of the Website and our services, and to remove any content in its sole discretion, if its deems the same to be in violation of these Terms and applicable laws, and (b) terminate your access to the Website and our services at any time, without notice, in case the same are being utilized in a manner inconsistent with these Terms and / or applicable laws.