This document (“Terms”) is an electronic record in terms of The Information Technology Act, 2000, and rules thereunder, as applicable, and the amended provisions pertaining to electronic records in various statutes, as amended from time to time by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries Guidelines and Digital Media Ethics Code) Rules, 2021 as amended from time to time. 

 

1.       GENERAL

This website www.lifestyledoctor.in is owned and operated by KEN THERAPY LLP (hereinafter referred to as ‘we’, ‘us’ or ‘our’), duly incorporated under the provisions of The Limited Liability Partnership Act, 2008.

 

2.       ELIGIBILITY

When You use the Platform, You represent that You meet the following primary eligibility criteria:

2.1   You are at least 18 years old, and if not, you are accessing the Platform under the supervision of a parent or guardian, who in such a case will be deemed as the recipient / end-user of the Services (as defined in these Terms and Conditions) for the purpose of these Terms and Conditions.

2.2   You are legally competent to contract, and otherwise competent to receive the Services (as defined in these Terms and Conditions). Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents, etc. are not eligible to use the Platform.       

 

3.       OUR SERVICES

Through the Platform, we provide You with the Online Medical Consultation

3.1   You will receive a confirmation of appointment for medical consultation via online communication messaging services / WhatsApp. We reserve the right to reschedule or cancel an appointment without any prior notice.

3.2   The time provided for a consultation to you is indicative and actual consultation time may change depending on our discretion or other circumstances, for which You shall be accordingly communicated.

3.3   You agree that there might be technological/logistic/unforeseen circumstances that might lead to delay or cancellation of the consultation for which appropriate resolution either as rescheduling/ refund shall be provided.

3.4   You shall be responsible for ensuring that any technological/logistic challenges at your end are resolved prior to the commencement of online medical consultation. Consultations can be rescheduled, or cancelled free of cost up to 8 hours prior to the scheduled appointment.

3.5   We reserve the right to provide a free review, post-medical consultation.

3.6   Please ensure that You are equipped with proper video conference equipment and internet connectivity as required for the Service You want to avail. In case of inadequate video conference equipment, technical error, or defective internet connectivity, we reserve the right to reschedule or cancel Your appointment without any notice.

3.7   You understand and acknowledge that there will not be any physical examination involved and the Online Medical Consultation services shall be provided remotely in accordance with these Terms and Conditions. The opinion delivered by us shall solely be based on the verbal communication with you, and any test reports and other information provided/uploaded by you on the Platform.

3.8   The Services are not meant in any way for emergency and life-threatening conditions.

 

4.       YOUR USE OF THE WEBSITE & RELATED SERVICES

As an end-user and recipient of Services, when You use the Platform, You agree to the following Due Diligence conditions of use:

4.1   You are solely responsible for the medical, health, and personal information you provide on the Platform, and You are requested to use Your discretion in providing such information.

4.2   The advice or the Services provided by us will depend upon the information You provide on the Platform. You will provide accurate and complete information everywhere on the Platform, based on which You will receive the Services.

4.3   The information provided by You may be used by us for the purpose of Services including analysis, research, training, and disclosure (where required) to our affiliates, group companies, agents and government authorities, etc., as stated in Our Privacy Policy. Please separately review and consent to Our Privacy Policy, accordingly.

4.4   The information provided by You can be retained by us and can be used without revealing Your identity, as per Our Privacy Policy.

4.5   We reserve Our rights to refuse Service or terminate accounts at Our discretion, if we believe that You have violated or are likely to violate applicable law or these Terms and Conditions.  

  

5.       PROHIBITED CONTENT

You shall not upload to, distribute, or otherwise publish through the Platform, the following Prohibited Content, which includes any content, information, or other material that:

5.1   belongs to another person and which you do not own the rights to;

5.2   is harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, invasive of another’s privacy, including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, or otherwise inconsistent with or contrary to the laws in force;

5.3   is hateful, racially or ethnically objectionable, disparaging of any person;

5.4   relates to or seems to encourage money laundering or gambling,

5.5   harm minors in any way;

5.6   infringes any patent, trademark, copyright, or other proprietary rights;

5.7   violates any law in India for the time being in force;

5.8   deceives or misleads the addressee about the origin of your message and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;

5.9   communicates any information which is grossly offensive or menacing in nature;

5.10         impersonates another person;

5.11         contains software viruses or any other computer code and malicious programs;

5.12         File or program designed to interrupt, destroy or limit the functionality of any computer resource;

5.13         threatens the unity, integrity, defence, security, or sovereignty of India, friendly relations with foreign states, or public order, promoting enmity between different groups on the grounds of religion or caste with the intent to incite violence;

5.14         is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person;

5.15         incites any offence or prevents investigation of any offence or insults any other nation;

5.16         is not relating to the medical consultation or relating to any of the services you avail from us.

You also understand and acknowledge that if you fail to adhere to the above, we have the right to remove such information and/or immediately terminate your access to the Services and/or to the Platform. 

 

6.       INDEMNITY

You agree and undertake to indemnify and keep indemnified us, for any losses, costs, charges, and expenses including reasonable attorney fees that we may suffer on account of deficiency or shortfall in Services/misdiagnosis / faulty judgment/interpretation errors/perception error arising from: 

6.1   your failure to provide correct and/or complete clinical information/history about the patient in a timely and clinically appropriate manner; or

6.2   suppression of material facts; or your failure to provide relevant clinical information about the patient; or

6.3   misinterpretation of the advice/prescription/diagnosis/investigation report by you; or

6.4   incorrect or inaccurate credit/debit card details provided by you; or

6.5   using a credit/debit card which is not lawfully owned by you

 

7.       LIMITATION OF LIABILITY

By using our Services, you confirm that You understand and agree to the following:

7.1   The Services provided through the Platform is not intended in any way to be a substitute for face- to -face consultation with a doctor. Users are advised to make an independent assessment in respect of its accuracy or usefulness and suitability prior to making any decision in reliance hereof.

7.2   To the extent permitted by applicable law, we will not be liable to You for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages arising out of or relating to: (i) these Terms and Conditions and Privacy Policy; (ii) Your use or inability to use the Platform.

This section shall survive the termination of this Agreement and the termination of Your use of our Services or the Platform.

 

8.       DATA & INFORMATION POLICY

We respect your right to privacy in respect of any personal information provided to us for the purposes of availing our Services. To see how we collect and use your personal information, please see our Privacy Policy.

 

9.       INTELLECTUAL PROPERTY AND OWNERSHIP

All Confidential Information, including the inherent intellectual properties (“IP”) which has been developed by us, remains the sole and exclusive property of KEN THERAPY LLP. You shall be bound by the following obligations with respect to ownership of Intellectual Properties:

9.1   All works materials, software, documentation, methods, apparatus, systems and the like prepared, developed, conceived, or delivered as part of or in connection with the Services and all tangible embodiments thereof, shall be considered IP for any use of Our Platform under this Agreement.

9.2   We shall have exclusive title and ownership rights, including all intellectual property rights, throughout the world in all Services. To the extent that exclusive title and/or ownership rights may not originally vest in us as contemplated herein, You hereby irrevocably assign all right, title, and interest, including intellectual property and ownership rights, in the Services, medical records, and information to us, and shall cause Your representatives to irrevocably assign to us all such rights in the IP. 

9.3   All uses of any trademarks, service marks, and trade names in the Services or in the performance of the Services, and the goodwill associated therewith, whether by You or third parties, inures and shall inure to the benefit of us.

9.4   You agree not to circumvent, disable or otherwise interfere with security-related features of the Platform or features that prevent or restrict use or copying of any materials or enforce limitations on use of the Platform or the materials therein. The materials on the Platform or otherwise may not be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted or transmitted in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording or other means.

9.5   No use of these may be made without the prior written authorization from us.

 

10.   OTHER CONDITIONS

10.1 Payment and Refund: Please refer to our Payment and Refund Policy

10.2 Accuracy of Information Displayed: We have made every effort to display, as accurately as possible. However, we do not undertake any liability in respect of such information and or with respect to any other information in regard to which you are capable of conducting Your own due diligence to ascertain accuracy.

 

11.   AMENDMENTS

We may from time to time update or revise these Terms and Conditions. Every time you wish to use the Platform, please check the relevant Terms and Conditions and Privacy Policy to ensure you understand the terms that apply at that time. 

 

12.   FORCE MAJEURE

We will not be liable for any non-compliance or delay in compliance with any of the obligations we assume under any contract when caused by events that are beyond our reasonable control (“Force Majeure”). Force Majeure shall include any act, event, failure to exercise, omission or accident that is beyond our reasonable control, including, among others, the following:

12.1 Strike, lockout or other forms of protest

12.2 Civil unrest, revolt, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or preparation for war.

12.3 Fire, explosion, storm, flood, earthquake, collapse, epidemic or any other natural disaster.

12.4 Inability to use public or private transportation and telecommunication systems.

12.5 Acts, decrees, legislation, regulations or restrictions of any government or public authority including any judicial determination.

Our obligations deriving from any contracts should be considered suspended during the period in which Force Majeure remains in effect and we will be given an extension of the period in which to fulfil these obligations by an amount of time we shall communicate to you, not being less than the time that the situation of Force Majeure lasted.   

 

13.   TERMINATION

13.1 We may terminate this arrangement at any time, with or without cause. If you wish to terminate this arrangement, you may do so at any time by discontinuing your access or use of this Platform.

13.2 We reserve the right to refuse the use of Services immediately in case your conduct is deemed by us to be in contravention of applicable acts, laws, rules, and regulations or these Terms and Conditions or considered to be unethical/immoral; and

13.3 For change in law specifically, we reserve our rights to suspend our obligations under any contract indefinitely, and/or provide Services under revised Terms and Conditions.

 

14.   APPLICABLE LAWS, JURISDICTION, AND DISPUTE RESOLUTION 

14.1 The use of our Platform shall be governed by the laws applicable in India, without reference to the conflict of laws principles;

14.2 Any dispute relating to the use of our Services shall be subject to the exclusive jurisdiction of the courts at Pune, India; and

14.3 If any dispute, difference, or claim arises between Us and You in connection with this Agreement or the validity, interpretation, implementation, or alleged breach of this Agreement or anything is done, omitted to be done pursuant to this Terms and Conditions, You shall first endeavour to resolve the same through conciliation and negotiation. However, if the dispute is not resolved through conciliation and negotiation within 30 days after the commencement of such conciliation or within such period mutually agreed in writing, then We may refer the dispute for resolution by arbitration under the Indian Arbitration and Conciliation Act, 1996 as amended from time to time (“the Act”) by a sole arbitrator to be appointed mutually by Us. In the event the parties fail to agree on a sole arbitrator, a sole arbitrator shall be appointed in accordance with the Act. The seat and venue of arbitration will be in Chennai. The Arbitration shall be conducted in the English language.  

14.4 SEVERABILITY: If, for any reason, a court of competent jurisdiction finds any provision of these Terms, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the Parties as reflected by that provision, and the remainder of the Terms shall continue in full force and effect.

14.5 WAIVER: No provision of these Terms of Use shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by us. Any consent by us to, or a waiver by us of any breach by Other Parties, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach

 

15.   CONTACT US

If you have any queries or grievances regarding the Online Medical Consultation or Diagnostic tests obtained by you on the Platform, please contact thekentherapy@gmail.com