Terms & Conditions
Helyxon Healthcare Solutions Private Limited operates this Service.
Your access and use of this service is governed by the Terms & Conditions mentioned hereinafter. Please take a few minutes to review this Terms & Conditions. Your use of this service constitutes your agreement to follow these rules and to be bound by them. If you do not agree with any of this Terms & Conditions, please do not agree and use this service. For the purposes of this Terms & Conditions, "we", "our", "us" and/or "Helyxon" shall mean Helyxon Healthcare Solutions Private Limited. "You" and "your" means a person who meets the eligibility criteria set out below.
These Terms & Conditions explain the contractual agreement between you and Helyxon Healthcare Solutions Private Limited ("Agreement") regarding your use of Helyxon, a suite of services from Helyxon Healthcare Solutions Private Limited accessible through mobile applications, web applications, etc. This Agreement is effective as of your registration with us. In the event that you are already utilizing the Services, these terms are effective with your continued use after posting at www.helyxon.com.
1. Terms & Conditions subject to change
1.1. We reserve the right to update or modify these terms and conditions at any time without prior notice. Your access and use of this service, following any such change constitutes your agreement to follow and be bound by the terms and conditions as changed. For this reason, we encourage you to review these Terms & Conditions each time you are prompted to do so and on a periodic basis.
2.1. You shall be eligible to access this service only if you are competent and eligible to contract and be bound by this Terms & Conditions in the jurisdiction where you reside as well as under the laws governing this Terms & Conditions.
2.2. If you represent a company, partnership firm or sole proprietorship, you shall be eligible to access the apps and avail of the Services on its behalf only if you have been duly authorized by way of necessary corporate action, as may be prescribed statutorily and/or under the charter documents of such entity.
2.3. You further confirm that you are legally entitled to pay for the Services (if any) and that if someone else is making such payment on your behalf, they will be made aware of this Terms & Conditions before they make such payment.
2.4. You shall not access this Application and avail of the Services if you are not eligible to do so.
3. Services & Deliverables
3.1. The services offered by us ("Services") and the manner of availing of each of the Services is more particularly set out as features of the application.
3.2. You may avail of the Services and utilize the deliverables that are generated in the course of availing of the Services ("Deliverables") only in accordance with this Terms & Conditions.
3.3. You may not access the Services if you are our direct competitor, except with our prior written consent. In addition, you may not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
4.1. To procure our Services, you are required to be a registered user of our Service. Registration includes filling in personal details to obtain an account, username and password. You agree to provide truthful and accurate information during the registration process. You also agree to update any relevant information immediately in the event of any change. If you provide any information that is untrue, inaccurate, not current or incomplete, or if we believe that such information is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your account(s) and refuse any and all current or future use of the Services, or any portion thereof. It shall be your responsibility to maintain the confidentiality of your account"s, username(s) and password(s) and for all activities and liabilities associated with or occurring under your account(s), username(s) and password(s).
5. Intellectual Property Policy
5.1. All of the content you see and hear in the service, except as provided below, including, for example, all of the page headers, images, illustrations, graphics, audio clips, video clips or text, trademarks, tradenames, ("Service Content"), constitute the intellectual property of Helyxon and its licensors, except for the content provided by you. The Service and the Service Content are protected by the copyright laws in all applicable jurisdictions. It is hereby clarified that the "Service Content" does not include any content that is provided by you.
5.2. You are not entitled to duplicate, distribute, create derivative works of, display, or use the Service Content, for your internal requirements or commercially exploit the same, directly or indirectly, without our prior written permission. If you would like to request permission to use any particular Service Content, you could contact us in the manner provided for in the Terms & Conditions.
5.3. We reserve the right to change the Intellectual Property Policy at any time, for any reason, and without notice. It is your obligation to check back on the intellectual property policy from time to time.
6. Not Medical Advice
6.1. The Service Content is for informational purposes only. The Service Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. We shall in no event be liable for any damages caused to you due to you following the Service Content.
7. Representation and Warranties
7.1. You represent and warrant to us that:
7.1.1. you are eligible to use the Services and have the right, power, and ability to enter into and perform under this Terms & Conditions and grant the rights and authorizations you grant under this Terms & Conditions;
7.1.2. the name and other details furnished by you when you communicated with us is true, correct and accurate;
7.1.3. you will use the Services only for your own internal purposes and not commercially exploit the Services in any manner. However, it is hereby clarified that the output from the Services may be utilized by you in any manner that you deem fit;
7.1.4. you will comply with all laws applicable to you in the course of availing the Services; and
7.1.5. you will not use the Services, directly or indirectly, for any fraudulent undertaking or in any manner so as to interfere with the use of the Services.
8. Electronic Communication
8.1. We will primarily communicate with you via the email address and the mobile number provided to us. By accepting the terms of this Terms & Conditions, you expressly grant your consent to receive notices and communication electronically from us ("Consent"). In addition thereto, communications may be posted on the Website and all such communications will be deemed to be in "writing" and received by you when posted thereon. You are responsible for printing, storing, and maintaining your own records of such communications. All notices and communications to us should be sent to the designated email address(es) on the Website.
9. Information Update
9.1. It is your responsibility to ensure that your email address, mobile number and other details are current and updated as and when required.
10.1. You are responsible for maintaining the security of your account, passwords, and files. We will accept the instructions of any individual who claims to be authorized to direct changes to your account so long as such person presents your username and password or provides other appropriate account identifying information as determined by us in our discretion, by email or by phone, or through a third party service, if any, through which you access the Service. We have no knowledge of your organizational structure, if you are registering for the Services as an entity, or your personal relationships, if you are a person. Helyxon shall not be responsible for the actions of any individuals who misuse or misappropriate your account data or other assets using your username and password or other appropriate account identifying information.
11. External & Affiliate Links
11.1. Although we make every effort to ensure links to external websites ("External Website") are accurate, up-to-date and highly relevant to the article or blog posted by us, we do not in any way, manner or form, endorse the contents thereof. If you do happen to come across any links that no longer work or point to an incorrect External Website, kindly inform us of the same.
11.2. We shall not be liable for any product or services ("External Product(s)") that you purchase or avail of by clicking such links posted/displayed on our Website, which leads you to an External Website. All rights, risks, obligations and liabilities with respect to such External Products shall be in accordance with terms and conditions of the External Website.
11.3. Other than the Services we provide, our apps receive funding via affiliate promotions. In the interests of disclosure and ethics, we want to be open about how we fund our services. Besides displaying advertising and other paid sponsorships, we may also receive commission if you purchase an External Product from an External Website that we provide a link to in our apps. We want to be clear that any reviews we publish are driven entirely by our editorial staff or contributors based on their personal opinions. Please note that links to any External Website from our apps may include links to affiliate products or services. This means that we will earn a commission (payment) if you go on to perform a certain action as determined by the individual affiliate program; these actions can include downloading a free trial, purchasing a product, signing-up for a service, etc. but are not exclusive to these methods. Banner advertisements displayed in text format may display ads or link to sites that are beyond our control.
12. Other Terms
12.1. The Services can be availed through a computer or mobile phone with an Internet connection.
12.2. Questions or additional information: If you have questions regarding this Terms & Conditions or wish to obtain additional information, please send email to email@example.com.
14. Limitation of Liability
14.1. WE HAVE MADE THIS SERVICE AVAILABLE TO USE AS A MATTER OF CONVENIENCE. YOU AGREE AND ACKNOWLEDGE THAT YOU SHALL BE SOLELY RESPONSIBLE FOR YOUR CONDUCT IN THE COURSE OF AVAILING THE SERVICES. WE RESERVE THE RIGHT TO NOT PROVIDE THE SERVICES UNDER THE AFORESAID CIRCUMSTANCES, WITHOUT PREJUDICE TO THE OTHER RIGHTS AND REMEDIES AVAILABLE TO US UNDER ANY APPLICABLE LAWS.
14.2. THE SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. WE ARE NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
14.3. IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE ACCESS, USE OR PERFORMANCE OF OUR SERVICES OR FOR INTERRUPTED COMMUNICATIONS, DELAY, ETC., EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, OR INABILITY TO ACCESS THIS SERVICE, AVAIL OF THE SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, OBTAINED THROUGH OUR APPS OR ANY OTHER EXTERNAL WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE OR ANY OF OUR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF.
14.4. IN ADDITION, AND WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL OUR AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS TERMS & CONDITIONS OR THE SERVICES RENDERED HEREUNDER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR OTHER THEORY), WARRANTY, OR OTHERWISE, EXCEED THE AMOUNT OF FEES EARNED BY US IN CONNECTION WITH YOUR USE OF THE SERVICE THAT GAVE RISE TO THE CLAIM FOR LIABILITY.
15. Maximum Effect
15.1. The laws of certain jurisdictions do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have rights in addition to those contained in this Terms & Conditions. Under such circumstances, ours and our affiliates" (and our and their respective employees, owners/directors, agents and representatives) liability shall be limited to the greatest extent permitted by law.
16.1. You agree to defend, indemnify and hold us, the communities (Corporate, Apartment Complexes, Hospitals, Educational Institutions or any other body through which you were made aware of the app) and our affiliates" (and our and their respective employees, owners/directors, agents and representatives) harmless from and against any and all claims, damages, costs and expenses, including attorneys" fees, arising from or related to your access and use of this service, including, without limitation, your access and use of this service in violation of this Terms & Conditions, the violation of any third party rights and/or applicable law.
17. Governing Law, Arbitration AND Jurisdiction
17.1. Both, you and us, shall endeavor to amicably resolve any and all disputes arising out of or in connection with this Terms & Conditions between the both of us, failing which the disputes shall be settled in accordance with provisions of the Arbitration and Conciliation Act, 1996. For the purposes thereof, both, you and us, shall together appoint a sole arbitrator to conduct the arbitration proceedings. The venue for arbitration shall be Chennai and the language for arbitration shall be English.
17.2. This Terms & Conditions is governed and construed in accordance with the laws of India. Subject to Clause 17.1, you hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Bangalore, Karnataka, India, in all disputes arising out of or relating to the access and use of services. Access and use of this service is unauthorized in any jurisdiction that does not give effect to all provisions of this Terms & Conditions, including without limitation this paragraph. The performance of this Terms & Conditions is subject to existing laws and legal process, and nothing contained in this Terms & Conditions is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of this App or Services or information provided to or gathered by us with respect to such use.
18. Validity of Terms & Conditions
18.1. This Terms & Conditions shall apply when you access the App/avail of the Services and be valid until such time that you are registered with us and your Comments and content, if any, remain with us.
19. Requesting Paper Copies
19.1. Communications will not be distributed in paper unless you contact us and request a paper version of a particular document. We reserve the right to charge you and collect a handling fee first for any notices that we physically mail to you at your request or because your email address fails.
20.1. This Service and all content in this Service are provided on an "as is" basis without warranties of any kind, either express or implied, including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose. You acknowledge, by your access of this app and availing of Services is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your access and use of our app, and that we shall not be liable for any damages of any kind related to your access and use of our services.
20.2. All images, audio, video and text in our services are only for illustrative purposes. None of the models, actors or products in the images, if any is endorsing the Services in any manner. Any resemblance of any character in a video to anybody or anything in any context is purely unintentional and/or coincidental. Our rights are subject to the terms of our agreement with our content and image providers.
21.1. You may not assign or transfer any rights, obligations, or privileges that you have under this Terms & Conditions without our prior written consent. Subject to the foregoing, this Terms & Conditions will be binding on each our successors and permitted assigns. Any assignment or transfer in violation of this Clause will be deemed null and void.
22. No Waiver
22.1. We will not be considered to have waived any of our rights or remedies, or portion of them, unless the waiver is in writing and signed by us. Our failure to enforce the strict performance of any provision of this Terms & Conditions will not constitute a waiver of our right to subsequently enforce such provision or any other provisions of this Terms & Conditions.
23.1. If any provision of this Terms & Conditions is held to be invalid, illegal or unenforceable, in any applicable jurisdiction, such provision will be struck from the Terms & Conditions and the remaining provisions of this Terms & Conditions shall remain in full force and effect. Further, we shall endeavour to replace such provision with a valid, legally enforceable provision that reflects the original intent.
24. No Agency
24.1. Nothing in this Terms & Conditions is intended to or creates any type of joint venture, employee-employer, creditor-debtor, escrow, partnership, or any fiduciary relationship between you or us or our affiliates. Further, except as expressly provided: (a) neither you nor us shall be deemed to be an agent or representative of the other by virtue of this Terms & Conditions, (b) neither you nor us is authorized to, or will attempt to, create or assume any obligation or liability, express or implied, in the name of or otherwise on behalf of the other, and (c) without limiting the generality of the foregoing, neither you nor us will enter into any contract, agreement, or other commitment, make any warranty or guaranty, or incur any obligation or liability in the name or otherwise on behalf of the other.
25. Entire Agreement
25.1. This Terms & Conditions constitute the entire agreement between you and us with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. The Clauses above shall survive the termination or expiry of this Agreement.
1. Information that is or may be collected from you
1.1. We may collect the following personally identifiable information about you:
•family details (number of children, etc.)
•mobile phone number and contact details;
•opinions of features on our services; and
•other information as may be required from time to time.
1.2. We may also collect the following information:
•about the pages you visit/access;
•the links you click
•the number of times you access a particular page; and
•the number of times you have availed of our Services through our apps
2. Method of Collecting Information
2.1. We will collect personally identifiable information about you only as part of a voluntary submission process, regular use of our services, on-line survey, or contest or any combination thereof.
3. Method of using Information
3.1. We use your personal information only to:
•help us provide personalized Services and features of interest to you;
•tailor our services to suit your interest;
•to get in touch with you when necessary;
•to provide the Services requested by you ;and
•to preserve social/medical history as governed by existing law or policy
3.2. We use contact information internally to:
•direct our efforts for Services improvement;
•contact you as a survey respondent;
•notify you if you win any contest ;and
•send you promotional materials from our contest sponsors or advertisers.
4. Sharing of Information
4.1. We will not use your financial information for any purpose other than to facilitate or enable the payment of Fees.
4.2. We do not rent, sell or share your personal information and we will not disclose any of your personally identifiable information to third parties unless:
•we have your permission;
•it is required to provide Services you"ve requested;
•it is necessary to help investigate, prevent or take action regarding unlawful and illegal activities; suspected fraud, potential threat to the safety or security of any person, violations of the Terms & Conditions and/or Intellectual Property Policy or to defend against legal claims; and/or
•we are required to do so pursuant to a court order to that effect or in order to comply with any notices or demands from any statutory authorities or investigating agencies.
5. Removing your details from our list
5.1. Please inform us in the event that you are desirous of removing your name from our lists at any time by contacting us in the manner provided for in the Terms & Conditions and we shall forthwith do the same, unless required by law.
6. Contact Information
6.1. To correct or update any information you have provided, you could contact us in the manner provided for in the Terms & Conditions.
7. Policy Updates
7.1. We reserve the right to change or update this policy at any time by placing a notice to that effect on this Website/Application. Such changes shall be effective immediately upon posting on this Website/Application.