TERMS OF SERVICE
The websites http://noconsolutions.com and http://telemedapp.in (here after referred as the website or site) and the Mobile Application which allows App users to have video consultations with the Doctors and store Electronic medical records, is downloadable from Appstore and Google Play (here after referred as Telemed Mobile Application) are operated by NOCON SOLUTIONS PRIVATE LIMITED (here after referred as NOCON), a company incorporated under the Company’s act 2013 and having its registered office address at 4th floor, Amstor, Technopark, Trivandrum, Kerala 695581 India.
Throughout the site and mobile applications, the terms “we”, “us” and “our” refer to NOCON who offers these website and the Telemed Mobile Application, including all information, tools and services available from these sites and applications to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site, and/ or downloading our app from the Appstore or Play store and installing it on your mobile phone, or booking an appointment or purchasing an appointment slot from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website and the Telemed Mobile Application. By accessing or using any part of the site or application, you electronically agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website and the Telemed Mobile Application or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current website and the Telemed Mobile Application shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website and the Telemed Mobile Application. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website and the Telemed Mobile Application following the posting of any changes constitutes acceptance of those changes.
SECTION 1 – BOOKING ONLINE
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose or may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website and the Telemed Mobile Application through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site and the Telemed Mobile application are not accurate, complete or current. The material on this site and the Telemed Mobile application are provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material or medical information on this site and the Telemed Mobile application are at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - SERVICES
Certain Services may be available exclusively online through the website and the Telemed Mobile Application. These Services may have limited quantities and are subject to Cancellation only according to our Cancellation and Refund Policy.
We have made every effort to display as accurately as possible details about hospitals, Doctors, location, medical data and the related information. We cannot guarantee that your mobile phone displays incomplete information any time.
We reserve the right, but are not obligated, to limit the sales of Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the services that we offer. All descriptions of pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any Service at any time. Any offer for any service made on this site is void where prohibited.
We do not warrant that the quality of any services, information obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any appointment booking or consultation you place with us. We may, in our sole discretion, limit or cancel appointments scheduled per person, or per booking. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or booking that use the same billing and/or shipping address. In the event that we make a change to or cancel booking, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the booking was made. We reserve the right to limit or prohibit bookings that, in our sole judgment, appear to be placed by unauthorised entities.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. For more detail, please review our Cancellation and Refund Policy.
SECTION 7 - OPTIONAL TOOLS AND THIRD PARTY LINKS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website and the Telemed Mobile Application (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
Certain content and services available via our Service may include materials from third-parties. Third-party links on this site and the Telemed Mobile Applications may direct you to third-party website that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party website and the Telemed Mobile Applications, or for any other services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party website and the Telemed Mobile Applications. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 8 - GRANT
NOCON/TELEMED grants you the right to use TELEMED Mobile Applications to have Video consultations with the Doctors listed in the app based on pre-approved bookings and confirmed payments. NOCON grants the right to use the app for maintaining electronic medical records during the term of usage as per the guidelines set forward in this agreement.
SECTION 9 - OWNERSHIP
You here by agree that NOCON singly owns all proprietary rights, including copyrights, patents, trademarks, and trade secrets of the website and the Telemed Mobile applications. The parties agree that other than the express licenses granted in this Agreement does not transfer ownership of any of these rights. The NOCON has developed application code, Designs, interfaces, specifications, and third-party integrations of the TELEMED.
SECTION 10 - PERSONAL INFORMATION
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website and the Telemed Mobile Application is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website and the Telemed Mobile Application, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website and the Telemed Mobile Application, should be taken to indicate that all information in the Service or on any related website and the Telemed Mobile Application has been modified or updated.
SECTION 12 - PROHIBITED USES
You here by agree that the Telemed Mobile Application and the site will be used for MEDICAL evaluations and diagnosis purposes ONLY. Same shall not be used for any personal or any other commercial benefits. You here by agree that he/she shall not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos, and videos, exhibitions through the app or via Video consultations with the Doctors. You acknowledge that in order to ensure compliance with legal obligations, NOCON may be required to review certain content submitted to the Telemed Mobile Application to determine whether it is legal or whether it violates the Terms (such as when unlawful content is reported to us). NOCON may also modify, prevent access to, delete or refuse to display, terminate the contract, disable the user logins when we believe the same violates the law or the terms in this agreement. However NOCON has no obligation to monitor review such any content submitted via the TELEMED.
You agree that In the event of violations of Terms of this agreement and the terms outlined in Section 12, NOCON shall have the right to take necessary legal proceedings with the law established.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website and the Telemed Mobile Application, other websites and Applications, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website and the Telemed Mobile Application, other websites and Applications, or the Internet. We reserve the right to terminate your use of the Service or any related website and the Telemed Mobile Application for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall NOCON, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless NOCON and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement and the user login at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or the Telemed Mobile application in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of India and jurisdiction of Trivandrum, Kerala
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website and the Telemed Mobile Application. It is your responsibility to check our website and the Telemed Mobile Application periodically for changes. Your continued use of or access to our website and the Telemed Mobile Application or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at email@example.com