Terms and Conditions
Welcome To Tamil Nadu and Pondicherry is the author and publisher of the internet resource https://tnpciapm.org/ its sub domain's including https://tnpciapm.org/ (together referred to as "Websites") on the world wide web as well as other connected software and applications provided by TNPCIAPM, including but not limited to the mobile applications (referred to as "App", and together with Websites referred to as "Services"). TNPCIAPM provides the Services in partnership with its agents, affiliates, associates, representatives or other third parties (together referred to as "Partners")
NATURE AND APPLICABILITY OF TERMS
Please carefully go through these terms and conditions ("Terms") and the privacy policy available at https://tnpciapm.org/ ("Privacy Policy") before you decide to access the Website or App or avail the Services made available by us. These Terms and the Privacy Policy together constitute a legal agreement ("Agreement") between you and TNPCIAPM in connection with your visit to the Website and your use of the Services (as defined below).
The Agreement applies to you whether you are -
- A patient, his/her representatives/ attendant/ relative/ friend or affiliates ("you" or "User"); or
- A user of the Website or App ("you" or "User").
his Agreement applies to all services made available by TNPCIAPM on the Website or App.
The Services may change from time to time, at the sole discretion of TNPCIAPM, and the Agreement will apply to your visit to and your use of the Website or App to avail the Service, as well as to all information provided by you on the Website or App at any given point in time.
This Agreement defines the terms and conditions under which you are allowed to use the Website and App and describes the manner in which we shall treat your account while you are registered as a member with us. If you have any questions about any part of the Agreement, feel free to contact us at support@TNPCIAPM.co.in
By downloading or accessing the App or Website to use the Services, you irrevocably accept all the terms and conditions stipulated in this Agreement and agree to fully abide by them.
This Agreement supersedes all previous oral and written terms and conditions (if any) communicated to you. By availing any Service, you signify your agreement and acceptance to this Agreement.
We reserve the right to modify or terminate any portion of the Agreement for any reason and at any time.
You should read the Agreement at regular intervals. Your use of the App or Website following any such modification constitutes your agreement to follow and be bound by the Agreement so modified. Any additional terms and conditions, disclaimers, privacy policies and other policies applicable in general and/ or to specific areas of this Website or to particular Service are also considered as part of the Agreement.
You acknowledge that you will be bound by this Agreement for availing any of the Services offered by us. If you do not agree with any part of the Agreement, please do not use the Website or avail any Services.
Your access to use of the Website and the Services will be solely at the discretion of TNPCIAPM.
The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but not limited to:
- the Indian Contract Act, 1872,
- the (Indian) Information Technology Act, 2000, and
- the rules, regulations, guidelines and clarifications framed there under, including the (Indian) Information Technology (Reasonable Se TNPCIAPM ty Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the "SPI Rules"), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the "IG Rules").
CONDITIONS OF USE
You must be 18 years of age or older to register, use the Services, or visit or use the Website in any manner. By registering, visiting and using the Website or accepting this Agreement, you represent and warrant to TNPCIAPMthat you are 18 years of age or older, and that you have the right, authority and capacity to use the Website and the Services available through the Website, and agree to and abide by this Agreement.
- The terms "personal information" and "sensitive personal data or information" are defined under the SPI Rules, and are reproduced in the Privacy Policy.
- TNPCIAPM and its Partners may by the Services, collect information relating to the devices through which you access the Website, location from which you access and anonymous data of your usage.The collected information will be used only for improving the quality of the Services and to build new services.
- The Website and App allows TNPCIAPMand its Partners to have access to Users' personal email or phone number, for the purpose of communication and analytic.
- The Privacy Policy sets out:
- The type of information collected from Users, including sensitive personal data or information;
- The purpose, means and modes of usage of such information;
- How and to whom TNPCIAPM will disclose such information; and,
- Other information mandated by the SPI Rules.
- The User is expected to read and understand the Privacy Policy, so as to ensure that he or she has the knowledge of:
- the fact that certain information is being collected
- the purpose for which the information is being collected
- the intended recipients of the information
- the nature of collection and retention of the information; and
- the various rights available to such Users in respect of such information
- TNPCIAPM and its Partners shall not be responsible in any manner for the authenticity or correctness of the personal information or sensitive personal data or information supplied by the User to TNPCIAPM or to any other person acting on behalf of TNPCIAPM or its Partners.
- The User is responsible for maintaining the confidentiality of the User's account access information and password, if the User is registered on the Website or App. The User shall be responsible for all usage of the User's account and password, whether or not authorized by the User. The User shall immediately notify TNPCIAPM of any actual or suspected unauthorized use of the User's account or password. Although TNPCIAPM will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of TNPCIAPM or others due to such unauthorized use.
- If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or TNPCIAPM has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, TNPCIAPM has the right to discontinue the Services to the User at its sole discretion.
- It is your responsibility to keep your correct mobile number and email ID updated in the Website or App. All reminders and notifications will be sent to the account associated with this mobile number and/or email ID. Every time you change any contact information (mobile or email), we will send a confirmation. TNPCIAPM is not responsible for any loss or inconvenience caused due to your non-updation of your contact details
- TNPCIAPM and its Partners may use such information collected from the Users from time to time for the purposes of debugging customer support related issues.
- TNPCIAPM may now or in the future provide Services where you may be able to converse with TNPCIAPM, its authorized representatives, its doctors or similar stakeholders via online chat, text messages, video call orvoice call. When you choose this option, the records of such conversations, calls or exchanges may be recorded and stored in TNPCIAPM's or its Partners servers. Such records are dealt with only in accordance with the terms of the Privacy Policy. TNPCIAPM and its Partners accept no liability if you choose to use sucha facility to interact with doctors or clinicians or if the facility is not used in accordance with the foregoing.
- You may be provided with apersonal health record facility to add, modify, delete and manage your health related records and information. The specific terms relating to this are as below, without prejudice to the rest of these Terms and the Privacy Policy:
- This facility is only enabled or created for you after you have signed up and explicitly accepted these Terms.
Information available in your Health Account is of two types:
1. Patient-created: Information generated and uploaded by you.
2. TNPCIAPM created: Information generated by your consuming a medical service in a TNPCIAPM hospital like consult, diagnostic test, admission, etc.
- Any TNPCIAPM created information is provided on an as-is basis and TNPCIAPM makes no representation in connection therewith.
- The accuracy, adequacy, reliability and liability of any Patient-created information generated or created by a User is the sole responsibility of the User. You fully indemnify and hold harmless TNPCIAPM and its Partners 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 or on your behalf on the Website or App.
- 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, TNPCIAPM or its Partnersare not liable for any interruption that may be caused to your access of the Services.
- Any health related reminder or notification service (like medication reminder, appointment reminder, etc.) that may form part of the Services is only a supplementary way of notifying or reminding you of actions to take related to your health. TNPCIAPM is not liable if for any reason a reminder or notificationis not delivered to you or are delivered late or delivered incorrectly, despite its best efforts or if your health is impacted negatively due to the same.
- TNPCIAPM uses industry–level seTNPCIAPMty and encryption to your personal health record. However, TNPCIAPM cannot guarantee prevention of unauthorized access if you lose your login credentials or they are otherwise compromised. Please safeguard your login credentials and report any actual suspected breach of account .
- If you access your dependents' record through your personal health record by registering your dependents with your own personal health record, you are deemed to be responsible for the records of your dependents and all obligations that your dependent's would have had had they maintained their own separate individual personal health record.
- If you provide anyone else access to your personal health record, you are deemed to be responsible for all actions, access, transaction that that person takes related to your personal health record either on their own or independently. TNPCIAPM or its Partners are not responsible or liable for any action, transaction, loss, leakage or any other liability arising out of this.
LISTING CONTENT AND DISSEMINATING INFORMATION
- TNPCIAPM collects, directly or indirectly, and displays on the Website, relevant information regarding the profile and practice of the Practitioners listed on the Website, such as their specialisation, qualification, fees, location, visiting hours, and similar details. TNPCIAPM takes reasonable efforts to ensure that such information is updated at frequent intervals. TNPCIAPM cannot be held liable for any inaccuracies or incompleteness represented from it, despite such reasonable efforts.
- The Services provided by TNPCIAPM or any of its license or Partners are provided 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). TNPCIAPM and its Partners do not provide or make any representation, warranty or guarantee, express or implied about the Website, App or the Services. TNPCIAPM and its Partners do not guarantee the accuracy or completeness of any content or information provided by Users on the Website. To the fullest extent permitted by law, TNPCIAPM and its Partners disclaim all liability arising out of the User's use or reliance upon the Website, App, the Services, representations and warranties made by other Users, the content or information provided by the Users on the Website, or any opinion or suggestion given or expressed by TNPCIAPM or its Partners or any User in relation to any User or services provided by such User.
- The Website or App may be linked to the website of third parties, affiliates and business partners. TNPCIAPM has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through our Website or App. Inclusion of any link on the Website or App does not imply that TNPCIAPM endorses the linked site. User may use the links and these services at User's own risk.
- TNPCIAPM and its Partners assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect User's equipment on account of User's access to, use of, or browsing the Website or App or the downloading of any material, data, text, images, video content, or audio content from the Website or App. If a User is dissatisfied with the Website or App, User's sole remedy is to discontinue using the Website or App.
- If TNPCIAPM determines through feedback or otherwise that you have provided fraudulent, inaccurate, incomplete or false information,TNPCIAPM reserves the right to immediately suspend your access to the Website or any of your accounts with TNPCIAPM and makes such declaration about suspension on the website alongside your name as determined by TNPCIAPM for the protection of its business and in the interests of Users. You shall be liable to indemnify TNPCIAPM and its Partners for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected TNPCIAPM, its Partners or its Users.
INTELLECTUAL PROPERTY RIGHTS
- The contents of the Website and App are protected by intellectual property laws of India including without limitation to trademark and copyright laws. Reproduction, retransmission, public and/or commercial use of any or all the material on the Website and App are prohibited. The logos, service marks and trademarks ("IP Marks") displayed on the Website or App are the property of TNPCIAPM or its Partners or have been licensed to TNPCIAPM or its Partnersby the relevant owners for use. The User may use this material only as expressly authorized by TNPCIAPM or its Partners and shall not copy, transmit or create derivative works of such material without express authorization from TNPCIAPM or its Partners.
- The User acknowledges and agrees that they shall not upload, post, reproduce or distribute any content on or through the Website or App 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 or App 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 the User to personal liability or criminal prosecution. Nothing on the Website or App should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any trademarks withoutwritten permission from TNPCIAPM.
TERMINATION
- TNPCIAPM reserves the right to suspend or terminate a User's access to the Website and the Services with or without notice and to exercise any other remedy available under law where:
- Such User breaches any terms and conditions of the Agreement;
- A third party reports violation of any of its right as a result of your use of the Services;
- TNPCIAPM is unable to verify or authenticate any information provide to TNPCIAPM by a User
- TNPCIAPM has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User; or
- TNPCIAPM believes in its sole discretion that User's actions may cause legal liability for such User, other Users or for TNPCIAPM or its Partners or are contrary to the interests of the Website.
- Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Website under the same account, a different account or re-register under a new account. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages, files and other material kept on the Website by such User. The User shall ensure that he/she/it has continuous backup of any medical services the User has rendered in order to comply with the User's record keeping process and practices.
DISCLAIMER OF WARRANTIES
- All information available on the Website or App, (the "Information") is provided on the condition that the User 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. TNPCIAPM and its Partners will not be responsible for the same. Further TNPCIAPM and its Partners will not be responsible or liable in any manner for any data added, provided, stored or managed by the User including all personally identifiable information
- The Information does not constitute an invitation or recommendation to take medical services from TNPCIAPM or its Partners nor is such Information a substitute for professional advice or solicitation in respect of medical services/ products or recommendation thereof. TNPCIAPM urges the Users to seek the advice of professionals, as appropriate, regarding the evaluation of any specific opinion, advice, product, service, or other Information.
- 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, se TNPCIAPM ty or accuracy. In no event shall TNPCIAPM 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.
INDEMNITY
- User agrees to indemnify and hold harmless TNPCIAPM, 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 User's access to or use of Service, violation of this Agreement, or infringement, or infringement by any other User of his/her/its account, of any intellectual property or other right of any person or entity. TNPCIAPM will notify you promptly of any such claim, loss, liability, or demand, and in addition to your foregoing obligations, you agree to provide us with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
APPLICABLE LAW AND DISPUTE SETTLEMENT
- You agree that this Agreement and any contractual obligation between the Company and User will be governed by the laws of India.
- Subject to the above Paragraph above, the courts at Delhi shall have exclusive jurisdiction over any disputes arising out of or in relation to this Agreement, your use of the Website or the Services or the information to which it gives access.
CONTACT INFORMATION GRIEVANCE OFFICER
If a User has any questions concerning the Company, the Website or App, this Agreement, the Services, or anything related to any of the foregoing, please write
- In accordance with the Information Technology Act, 2000, and the rules made there under, if you have any grievance with respect to the Website or App or the Service, including any discrepancies and grievances with respect to processing of information.
In the event you suffer as a result of access or usage of our Website by any person in violation of Rule 3 of the IG Rules, please address your grievance to the above person.
SEVERABILITY
- If any provision of the Agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from this Agreement and the remainder of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event, the Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.
WAIVER
- No provision of this Agreement shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by TNPCIAPM Any consent by TNPCIAPM to, or a waiver by TNPCIAPM of any breach by you, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
Welcome To Tamil Nadu and Pondicherry
Department of Pathology
Stanley medical College.
No.1, Old Jail Road,
Chennai-600 001
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