Welcome to the portal www.The Convivial.com, www.The Convivial.in (the “Websites” and each, individually, a “Website”). The content of the Website is the property of The Convivial Inc., (“The Convivial”, the “Company”, “we” or “us”). The Convivial, amongst other services, facilitates in finding and comparing prospective doctors and health care providers in identified locations (“Service”) and this Service is provided only in good faith. The Services of The Convivial are essentially provided to bridge the information gap between patients and doctors.
The Website should not be used in cases of medical emergencies and The Convivial does not, and should not be considered in any form to be a substitute for a doctor or a hospital. We encourage you to independently verify any information you see on the Website with respect to a doctor or health care provider that you seek to make an appointment with. Registration
If you wish to schedule an appointment with a doctor or conduct a transaction on the Website, you will have register on the Website and become a registered user (“The Convivial User”) prior to the completion of any transaction on the Website. To register onto the Website, a user will have to provide information such as his/her name, email address and phone number and create a user name and password. You understand that The Convivial may introduce a fee for registration on the Website (“Registration Fees”). Registration Fees, if and when introduced shall be non-refundable. The Convivial may introduce special features which may be made available to The Convivial Users who pay Registration Fees.
Registration is only a one time process and if the The Convivial User has been previously registered, s/he shall login / sign into his / her account using the same credentials as provided during the registration process. We request you to please safeguard your password to your account on the Website and make sure that others do not have access to it. It is your responsibility to keep your account information current.
A The Convivial User may wish to schedule an appointment through his/her account for his/her family members and friends. While a The Convivial User will be able to do, please note that such The Convivial User will be responsible for any activity that is undertaken through his/her account on behalf of his/her family members and friends.
Interaction on the Website
You understand and agree that any interactions and associated issues with the doctors on the Website including but not limited to the medical outcomes and service issues, is strictly between you and the doctors. You shall not hold The Convivial responsible for any such interactions and associated issues. The Convivial is not involved in the providing any healthcare or medical advice or diagnosis and hence is not responsible for any outcome between you and the doctor you interact with. If you decide to engage with a doctor to provide medical services to you, you do so at your own risk. The results of any search you perform on the Website for doctors, or provision of access to any healthcare professional or doctor on the basis of your specific request, should not be construed as endorsement by this Website of any such particular doctor. The Convivial shall not be responsible for any breach of service or service deficiency by any doctor or health care provider. We cannot assure that all transactions will be completed nor do we guarantee the ability or intent of doctors or other health care providers to fulfill their obligations in any transaction. We advise you to perform your own investigation prior to selecting a doctor or a health care provider.
Third Party Services:
You understand that third party services may be made available by the Company on the Website. For example, you may be able find or book an ambulance or schedule a home visit by a doctor through the Website. Please note that in the event you choose to avail any such third party services that are made available on the Website, you will be absolutely and solely responsible for your interactions with such third party service providers. The Convivial shall not be held responsible for any lapses, shortcomings or deficiency of services by such third party service providers to you. The Convivial hereby does not endorse the services of any third party service providers that are made available on the Website.
Information Uploaded by You on the Website:
You understand that you may have the option of uploading your health / medical information on the Website in order to enable your doctor access your previous medical history. While The Convivial takes utmost care with respect to the security of the information you decide to upload, you understand that any information that you disclose on the Website is at your own risk. By uploading / sharing / disclosing your medical information on the Website, you hereby give your consent to The Convivial to store such health / medical information on The Convivialâ€™s servers. The Convivial will retain such medical / health information you upload on the Website for as long as it is needed to fulfill the service you seek to avail on the Website. If you delete your account, The Convivial will delete such medical / health information. But please note: (1) there might be some latency in deleting this information from our servers and back-up storage; and (2) we may retain this information if necessary to comply with our legal obligations, resolve disputes, or enforce our agreements.
Sharing of Information Uploaded by You on the Website: Unless you specifically consent to share information, medical or otherwise, with either doctors or third party service providers, The Convivial does not share such information that you upload on the Website. While The Convivial takes utmost care with respect to the security of the information you decide to share, you understand that any information that you disclose on the Website is at your own risk. In the event you do not trust The Convivial with such information, please do not share such information on the Website.
While The Convivial endeavors to protect any information uploaded or shared by you on the Website, you understand that The Convivial shall not be held liable or responsible for the loss or damage to such information on the Website. It is your responsibility to ensure that you have all your information, medical or otherwise, stored on your hard drive. You hereby agree not to use the Website as a â€œdata roomâ€ to store your medical / health records.
SMS Messages Received From the Website:
You understand that once you register as a The Convivial User on the Website, you will receive SMS messages from The Convivial on your registered mobile number. These messages could relate to your registration, transactions that you carry out through the Website and promotions that are undertaken by The Convivial. Please note that The Convivial will send these SMS messages only to the registered mobile number or such other number that you may designate for any particular transaction. It is your responsibility to ensure that you provide the correct number for the transaction you wish to enter. Further, The Convivial may also send notifications and reminders to you with respect to appointments scheduled by you for the Services that you have subscribed to on the Website. Please note that while The Convivial endeavors to provide these notifications and reminders to you promptly, The Convivial does not provide any guarantee and shall not be held liable or responsible for the failure to send such notifications or reminders to you. It is your responsibility to ensure that you attend any appointments that you may schedule with a doctor or a health care provider through the Website.
Collection of consultation fees:
You understand that The Convivial provides various Services with respect to the System. While some of these Services are provided for free, there are certain Services for which costs will be incurred by you, if you decide to avail such Services (“Paid Services”). The Convivial may in such event provide billing services on behalf of the doctor or health care professional. Should you wish to avail those Paid Services, you acknowledge that The Convivial will collect the payment for such Paid Services for and on behalf of the doctor or health care professional providing such clinical services. You acknowledge and confirm that The Convivial shall not be liable for the treatment or be treated as the health care provider on account of such collection of the payments or for provision of Paid Services, for any reason whatsoever.
Clinical Support Information
We may provide information to assist you in clinical decision-making. This may include information and reminders concerning drug interactions, allergies, dosages, as well as general health-care related information and resources. We may also provide forums for our users to exchange information. The information and materials available through the Website are for informational and educational purposes only and are not intended to constitute professional advice, diagnosis or treatment, or to substitute for your professional judgment. Information that may be placed on the Website by third parties are beyond our control. We are not responsible for the accuracy or completeness of information available from or through our Website. You assume full risk and responsibility for the use of information you obtain from or through this site, and you agree that The Convivial is not responsible or liable for any claim, loss, or liability arising from the use of the information. We do not recommend or endorse any provider of health care or health-related products, items or services, and the appearance of materials on the Website relating to any such products, items or services is not an endorsement or recommendation of them. You agree to review the definitions, functionality, and limitations of the Services, and to make an independent determination of their suitability for your use.
Selecting your Doctor or Health Care Provider on the Website
The Website allows you to select and schedule appointments with doctors and health care providers registered with the Website and to whom certain specific terms and conditions apply. These terms and conditions can be accessed http://The Convivial.in/terms-for-services While choosing your doctor or health care provider on the Website, you understand and accept that:
You are ultimately responsible for choosing your own doctor or health care provider and The Convivial shall not be held responsible or liable for the selection of such doctor or health care provider; and
The Convivial will provide you with lists and/or profile previews of doctors and health care providers who may be suitable to deliver the health care that you are seeking based on information that you provide to The Convivial (such as area of specialty and geographical location). For certain specific Services, The Convivial may chose a doctor or health care provider on your behalf based on the nature of services you request and on the doctor or health care professional available to provide you with the clinical services for the same. Please note that The Convivial (i) does not recommend or endorse any doctors or health care providers mentioned on the Website; and (ii) does not make any representations or warranties with respect to these doctors or health care providers or the quality of the healthcare services they may provide. The Convivial shall not be liable for any reason whatsoever for the services provided by the health care professional or doctor, and we bear no liability for the consequences to you, of your use of the System or Services.
Information regarding doctors and health care providers and practice information found on the Website is intended for general reference purposes only. Such information found on the Website is mainly self-reported by the doctor or the health care provider. Such information often changes frequently and may become out of date or inaccurate. Neither the Website nor The Convivial provides any advice or qualification certification about any particular doctor or health care provider. You are encouraged to independently verify any such information you see on the Website with respect to a doctor or health care provider that you seek to make an appointment with.
No Doctor – Patient Relationship
Please note that some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, “Information”) that may be available on the Website (including information provided in direct response to your questions or postings) may be provided by individuals in the medical profession. The provision of such Information does not create a licensed medical professional/patient relationship, between The Convivial and you 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.
We make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, quality of work, expertise or other information provided on the website. We do not in any way endorse any individual described herein. In no event shall we be liable to you or anyone else for any decision made or action taken by you in reliance on such information.
No Medical Advice Provided
Please note that we do not recommend or endorse any doctors, dentists, health care providers, procedures, opinions, or other Information that may appear on the Website. If you rely on any of the Information provided by the Site, you do so solely at your own risk. The Information that you obtain or receive from The Convivial, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Website is for informational and scheduling purposes only. All medically related information comes from independent health care professionals and organizations which are registered with The Convivial and to whom certain specific terms and conditions apply. These terms and conditions can be accessed http://The Convivial.in/terms-for-services
The Information provided on the Website and in any other communications from or provided through The Convivial is not intended as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. Do not disregard, avoid or delay obtaining medical advice from a qualified health care professional because of advice that you may have obtained through the Website. Your use of Information provided on the Website is solely at your own risk. Nothing stated or posted on the Website or available through any Services is intended to be, and must not be taken to be, the practice of medicine or the provision of medical care.
Limitation of Liability
You expressly understand that under no circumstances, including, but not limited to, negligence, shall the Company be liable to you or any other person or entity for any direct, indirect, incidental, special, remote or consequential damages, including, but not limited to damages for loss of profits, goodwill, use, data or other intangible losses, resulting from circumstances, including but not limited to:
the use or the inability to use the Website and / or Services; or
the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Website and / or Services; or
unauthorized access to or alteration of your transmissions or data; or
any other matter relating to the Website and / or services.
By Using This Website You Represent And Warrant That:
You are 18 years of age or older and that your use of the Website shall not violate any applicable law or regulation;
All registration information you submit is truthful and accurate and that you agree to maintain the accuracy of such information;
Your registration on the Website is solely for your personal and non-commercial use. Any use of this Website or its content other than for personal purposes is prohibited.
Your personal and non-commercial use of this Website shall be subjected to the following restrictions:
you may not modify any content of the Website;
you may not decompile, reverse engineer, or disassemble the content, or
you may not remove any copyright, trademark registration, or other proprietary notices from the Website. You further agree not to access or use this Website in any manner that may be harmful to the operation of this Website or its content.
You will not:
- use the Service available on the Website for commercial purposes of any kind; or
- use the Website and / or services in any way that is unlawful, or harms the Company or any other person or entity, as determined in the Companyâ€™s sole discretion.
- You will not post, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage the Website and / or Services or any connected network, or otherwise interfere with any person or entity’s use or enjoyment of the Website and / or the Services.
- You will not engage in any form of antisocial, disrupting, or destructive acts, including “flaming”, “spamming”,”flooding”,”trolling”,”phishing” and “griefing” as those terms are commonly understood and used on the Internet.
- You will not delete or modify any content of the Website and / or Services, including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that you do not own or have express permission to modify.
- All information, content and material contained in the Website and / or Services are the Company’s intellectual property. All trademarks, services marks, trade names, and trade dress are proprietary to the Company. No information, content or material from the Website and / or Services may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without the Company’s express written permission.
You expressly understand and agree that:
The information, content and materials on this Website and / or Services are provided on an “as is” and “as available” basis. The Company and all its subsidiaries, affiliates, officers, employees, agents, partners and licensors disclaim all warranties of any kind, either express or implied, including but not limited to, implied warranties on merchantability, fitness for a particular purpose and non-infringement.
The Company does not warrant that the functions contained in content, information and materials on the Website and / or Services, including, without limitation any third party sites or services linked to the Website and / or services will be uninterrupted, timely or error-free, that the defects will be rectified, or that the Website or the servers that make such content, information and materials available are free of viruses or other harmful components.
Any material downloaded or otherwise obtained through the Website and / or Services are accessed at your own risk, and you will be solely responsible for any damage or loss of data that results from such download to your computer system.
You hereby indemnify, defend, and hold the Company, the Company’s distributors, agents, representatives and other authorized users, and each of the foregoing entities’ respective resellers, distributors, service providers and suppliers, and all of the foregoing entities’ respective officers, directors, owners, employees, agents, representatives, harmless from and against any and all losses, damages, liabilities and costs arising from your use of the Website.
All notices and other communications required or permitted hereunder to be given to a Party shall be in writing, in the English language, and shall be sent by facsimile, e-mail, or mailed by prepaid internationally-recognized courier, or otherwise delivered by hand or by messenger, addressed to such Party’s address as set forth below or at such other address as the Party shall have furnished to the other Party in writing in accordance with this provision:
If to you:
at the email address provided by you to us when you registered as a The Convivial User.
Advice of Counsel