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Terms & conditions

Please read these terms and conditions carefully as by using this site, you are confined and restricted by these terms & conditions (hereinafter referred as T&C’s/Terms).

By using the Website/App you represent that you are at least 18 years old. Our website is not directed to children under the age of 18. If we become aware that a child and/ or customer is under the age of 18 and has registered or using our Website, we are entitled to remove his or her account from our system and cancel any order placed by him or her.

READ THESE USER TERMS CAREFULLY BEFORE USING OUR WEBSITE

THE TERMS

Acceptance of the Terms

Welcome to www.secondopinion.clinic (“Service” or “Site“), which is owned and operated by Medansh Specialty Services LLP, a Limited Liability Partnership registered under the under the Limited Liability Partnership Act, 2008 and having its registered office at G-1, Ground Floor, Satguru Supreme, Valji Ladha Road, Mulund West, Mumbai, Maharashtra, India, 400080 (“Medansh“, “we“, or “us“). We can be contacted at help@secondopinion.clinic. By clicking “I Agree” on the account registration or payment page or using the Site in any way, you (“you”, and “your”) are agreeing to comply with and be bound by these terms of service and, if you are an Doctor/Expert (as defined below), the Doctor/Expert Agreement (collectively “Related Agreements”), and all rules, policies and disclaimers posted on the Site or about which you are notified (together with the Related Agreements, collectively “Terms”). In the Terms, “Customer/client” refers to any person who book online [or offline consultation] through site [or asks a question/query posted on the Site] and “Doctor/Expert” refers to any person who accepts the consultation booked by the Customer/client [or responses a question posted on the Site]. Together, Customers and Doctors/ Experts are referred to as “users”. 

If you do not approve/agree with all the Terms you may not use the Site. Please review all of the Terms carefully before using the Site. By using the Site you are agreeing that you are over the age of 18 and are capable of forming legally binding contracts.

 Electronic communications 

When you visit www.secondopinion.clinic or send us e-mails, you are communicating with us electronically and you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree to provide us with, and maintain in your www.secondopinion.clinic account profile, your current and active email address.

 Physical Communications

When you visit www.secondopinion.clinic or send us e-mails, you are communicating with us electronically and you consent to receive communications from us electronically for fixing of physical communication. We will communicate with you by e-mail or by posting notices on the Site and thereby fix appointment on suitable date for physical communication and consultation. You agree that all agreements, notices, disclosures and other communications that we provide to you physically satisfy any legal requirement that such communications be in writing. You agree to provide us with, and maintain in your www.secondopinion.clinic account profile, your current and active email address.

THE SITE 

www.secondopinion.clinic is a platform 

www.secondopinion.clinic is a platform for Users of the Site, and not to make available the content in Posts (defined below). The Doctors/ Experts regulate which online/offline booking for consultation to be fixed and questions/query posted on site to answer. Doctors/ Experts are not employees or agents of www.secondopinion.clinic but are independent service providers using the Site to sell their knowledge to Customers and, as such, along with Customers, are simply users of the Site. 

www.secondopinion.clinic is not involved in the conversations between Customers and Doctors /Experts and does not refer Customers to, or endorse or recommend, particular Doctors/ Experts. You understand and acknowledge that www.secondopinion.clinic cannot and does not edit, alter, filter, screen, monitor, endorse or guarantee the content of Posts. www.secondopinion.clinic shall not be liable for any acts or omissions of Doctors/ Experts, content in Posts, the ability of Doctors/ Experts to answer questions or the ability of Customers to pay for the services. We cannot ensure that a Customer or Doctor/Expert will complete a transaction. Notwithstanding the foregoing, www.secondopinion.clinic reserves the right, but is not obligated, to refuse to post or to remove any content and/or remove any user’s access to the Site. 

When a Doctor/Expert agrees to book online/offline consultation and to answer a question posted on the Site the Customer and Doctor/Expert have entered into an agreement between themselves to which www.secondopinion.clinic is not a party. www.secondopinion.clinic takes no responsibility for any liabilities or obligations that any user takes on under such an agreement.

The Site is not designed for emergency booking and questions

Emergency booking for consultation and questions and disaster situations (particularly regarding medical or mental health issues) should be directed immediately by telephone or in-person to qualified professionals. You acknowledge and agree that the Site is not the appropriate platform to pose such questions.

 Posts are not private or confidential

The Site is an Internet-based forum (like a version of a radio phone-in program). Information/data and materials submitted in the content of your questions, answers, requests for information, responses, profiles, signatures, qualifications, comments, and posts in the Doctor/Expert forum and other places where users communicate on the Site (collectively “Posts”) are not private or confidential, nor are Posts protected by legal professional, doctor-patient, or any other privilege, and may be read, collected, and used by others. For example, search engines may index your questions, answers, and other Posts to allow them to appear in search engine results (e.g. if someone does a search on google.com or another search engine, your questions, answers, and other Posts on www.secondopinion.clinic that relate to the search may appear in the search results list). The administrators of second opinion clinic can view user posts. This is strictly from the point of view of ensuring quality and provider user support during the information exchange process.

However, all the offline discussions made between customers/clients and doctor/expert will remain confidential. The administrators of second opinion clinic can view user posts. This is strictly from the point of view of ensuring quality and provider user support during the information exchange process.

Verification

Regarding the verification process, www.secondopinion.clinic performs the verifications described above. The results of the verifications are only as accurate as the information provided to Us, as of the time of the providing of information. www.secondopinion.clinic makes efforts to verify, but cannot warrant or guarantee a Doctor/Expert’s purported identity; user identification on the Internet is difficult. For these reasons, www.secondopinion.clinic cannot and does not represent, warrant or guarantee the truthfulness or accuracy of the credentials or identities of and provided by users including /Doctor(s)/Experts.

 No reliance

While www.secondopinion.clinic strives to admit only high-quality Doctors/Experts onto the Site, use of the term “Doctor/Expert” by www.secondopinion.clinic and on the Site is only meant to describe users of the Site who book online/offline consultation and answer questions posted on the Site, and not to guarantee any particular level of Doctor/Expertise.

You acknowledge and agree that www.secondopinion.clinic, as a platform provider only, which enables Customers to take appointment for consultation and ask questions, wherein, Doctors/ Experts fix the appointment for consultation and to reply to those questions, is not responsible for, and will not be liable for, any loss or damage caused by your reliance on any information or content contained in Posts.

 Information not advice

Finalization of appointment for consultation and answers of Doctors/Experts on or off the Site – in writing or otherwise – are provided by Doctors/ Experts and are to be used by Customers for general information purposes only, not as a substitute for in-person evaluation or specific professional (medical) advice. 

If you decide to get additional services from Doctor/Expert through the Website, you understand and agree that the communications with such Doctor/Expert may be conducted off of the www.secondopinion.clinic site (either by phone, chat, or any third-party tool).  

 Professional-client relationships shall not be formed on the Site 

 Communications on the Site are not confidential and shall not be the subject of any associated privileges. By answering questions, Doctors do not form doctor-patient relationships with users of the Site. In the event that your, and Doctors, use of the Site unintentionally forms a relationship that entitles you to rights other than those set out in the Terms, you relinquish those rights. Communications on the Site are limited, as described above, do not include in-person evaluations or visits, and do not consist of safeguards and procedures typical of in-person evaluations and visits

 Before you can interrelate with Doctor, you will be required to agree to a Disclaimer reminding you of these and other vital provisions of the Terms.

YOUR ACCOUNT

 User accounts

 When you register as a user on the Site, you can create a user name and password for access to your online account. You are accountable/responsible for maintaining the confidentiality of your user name, password and account data, you shall not share this information or your account with anybody else, and will be solely responsible for all acts or omissions that arise on your account. You will immediately notify www.secondopinion.clinic of any unauthorized use of your username or account. You may only create one account on the Site. If your www.secondopinion.clinic account has been suspended/cancelled/terminated, you may not open another account on the Site.

You agree to keep your contact and billing details (including but not limited to your email address) up-to-date, and to comply with all billing procedures, including providing and maintaining accurate and lawful billing information for active www.secondopinion.clinic accounts.

We do not knowingly gather personal information from children under 18, and if we become aware that a child under the age of 18 has given personal information to us, we will promptly remove it from our systems.

 Restricted activities

You agree that any data or information that you provide on the Site and your use of the Site shall not:

(a) be deceitful, wrong or misleading;

(b) infringe any third party’s proprietary rights or rights of publicity or privacy www.secondopinion.clinic has adopted takedown procedures for illegal use of copyrighted material);

(c) be illegal or violate the spirit or letter of any applicable law;

(d) promote a competitor of www.secondopinion.clinic or the Site;

(e) be defamatory, libellous, menacing or harassing;

(f) be obscene or comprise child pornography;

(g) contain any viruses, Trojan horses, or other computer programming routines that may harm, detrimentally interfere with, surreptitiously intercept or expropriate any system, or personal information;

(h) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; or

(i) link directly or indirectly to or include descriptions of goods or services that:

(j) are prohibited under the Terms; or

(k) you do not have a right to link to or include. You may not consummate any transaction that was initiated using our Service that, by paying to us a fee, could cause us to violate any applicable law, statute, ordinance or regulation. Furthermore, you may not resell or make any commercial use of our system or the content on the Site without www.secondopinion.clinic’s prior written consent.

Together, the “Restricted Activities“.

You are barred from soliciting users of the Site, including Doctors, for any purpose (including inviting other users to contact you other than on the Site or inviting other users to participate in any other website).

 Suspension of termination of service

You may terminate your www.secondopinion.clinic account at your sole discretion and at any time by written notice via e-mail to help@secondopinion.clinic . Terminations typically will be operative within seven business days after our receipt of your termination notice, at which time your account will be closed at the end of your membership period. Any fees accrued as of the effective date of termination will be payable according to the Terms.

At any time, without notice, for any or no reason, www.secondopinion.clinic reserves the right to refuse service to anyone, to amend and discontinue any portion or all of the Service, and to prohibit, suspend and terminate users’ accounts (including yours).

Charges

www.secondopinion.clinic’s platform permits Customers/clients to book an online/offline appointment for consultation. You shall make all necessary payments to the Doctor prior to availing the consultation as per the charges mentioned on the website.

Rating the Site 

Doctors typically respond to Customers’ questions/queries quickly. If the Doctor requests further information before responding your query/question, you may wish to take advantage of the opportunity to provide more data/information to the Doctor/Expert to allow the Doctor/Expert to assist you better.

Once the Doctor/Expert provides you service, you will be asked to rate your experience (on a scale of 1 to 5, where 5 is the best). If you provide a rating of 1-2, you will be asked to provide Us with feedback about why you are unsatisfied, so We may try to help you better. By providing a rating of 3, 4 or 5, you are instructing and permitting that a payment be paid to Us. By providing a 3, 4 or 5 rating, you are authorizing www.secondopinion.clinic to charge your payment source (for example, the credit card account you provided to www.secondopinion.clinic and instructing and authorizing that payments be paid to the Doctor/Expert.

www.secondopinion.clinic does not guarantee that you will receive a response from an Doctor, or that you will be satisfied with your communication (online/offline) with an Doctor/Expert. 

Payment

You can book an appointment either online or offline to consult to Doctors/ Experts. Payment of the sum shall be made via online (credit/debit card or net banking) mode of payment or option available at website. 

www.secondopinion.clinic reserves the right to offer special incentive, price, membership and other programs. Such programs can, at the sole discretion of www.secondopinion.clinic, be limited to a specific group of users or non-users. All action bonuses and vouchers or coupons that www.secondopinion.clinic provides for use of the services offered on the website shall remain the property of www.secondopinion.clinic (they shall not pass to the ownership of the users and shall not be refundable) and shall be valid for only thirty (30) days – unless otherwise stated on the website or in an e-mail to the user.

Refunds and cancellations 

 If, in exceptional cases, your appointment for consultation doesn’t book or if Doctor/Expert cancels your appointment, you can request repayment of the amount paid to www.secondopinion.clinic by writing an e-mail to help@secondopinion.clinic (with the subject heading of “Repayment”), identification of your user name or e-mail address, by which you registered with www.secondopinion.clinic, and communication of your repayment request. 

You have the right to cancel/terminate your agreement with us within fifteen business days of receiving our email confirming your registration on the Site. You can cancel the agreement by writing to us at help@secondopinion.clinic or emailing us at help@secondopinion.clinic. If you use the Site within seven days of receiving our e-mail confirming your registration on the Site you waive this right to cancel the agreement under this provision, but may still terminate the agreement or claim a refund under the other provisions of the Terms.

If www.secondopinion.clinic believes, in its sole discretion, that any funds were earned under suspicious circumstances or that funds were derived from a suspect account, www.secondopinion.clinic may withhold payments. www.secondopinion.clinic will continue to investigate the situation until an satisfactory resolution has been reached, as determined by us, and which may require the involvement of certain third parties, including any applicable credit/debit card company. www.secondopinion.clinic will make commercially reasonable efforts not to exceed a 90 day hold on your account as we and/or a third-party investigate.

www.secondopinion.clinic upholds the right to start special incentive pricing, membership, and other programs. These may be limited, at www.secondopinion.clinic’s sole discretion, to defined and limited users or non-users. Any promotional monies or vouchers or coupons placed into your account by www.secondopinion.clinic for use towards the Site remain the property of www.secondopinion.clinic (they never become your property and never become refundable to you), and unless otherwise stated on the Site or in an email to you, will be usable only for 30 days.

LEGAL STATEMENTS

Limitation of liability 

To the extent allowed by law, we exclude all conditions, warranties, representations or other terms which may put on to the Site or any content on it, whether express or implied. 

We will not be liable to you for any loss or damage, whether in contract, tort (including carelessness), breach of statutory duty, or otherwise, even if predictable/foreseeable, arising under or in connection with:

(a) use of, or inability to use, the Site; or

(b) use of or reliance on any content showed on the Site; including any dispute with one or more users of the Site.

If you are a business user, we will not be liable for:

(a) loss of profits, sales, business, or revenue;

(b) business disruption;

(c) loss of anticipated savings;

(d) loss of business opportunity, goodwill or reputation; or

(e) any indirect or consequential loss or damage.

If you are a consumer user, we only provide the Site to you for domestic and private use. You approved not to use the Site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business disruption, or loss of business opportunity.

We will not be liable for any loss or damage caused by a virus, spread denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your usage of the Site or to your downloading/transferring of any content on it, or on any website linked to it.

We assume no responsibility for the content of websites linked on the Site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

Proprietary rights of content

You acknowledge that www.secondopinion.clinic and its licensors and suppliers own the rights to the www.secondopinion.clinic website and the content displayed on the Site other than Posts. You shall not amend, reverse engineer, decompile, disassemble, or attempt to derive the source code of the www.secondopinion.clinic website, any software distributed by or assist any other person or entity in doing so. You acknowledge that all content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in listings, sponsor advertisements or email-distributed, commercially produced information presented to you by the Service, by www.secondopinion.clinic, www.secondopinion.clinic users, or www.secondopinion.clinic advertisers or other content providers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You may not amend, copy, reproduce, republish, upload, post, transmit, or distribute in any way content available through the Service, including code and software for commercial purposes. For permission to use third-party materials appearing on the Site, please contact the copyright owner. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.

You grant to www.secondopinion.clinic a non-exclusive, irreversible, perpetual, worldwide, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights, including the right to use, reproduce, display, edit, copy, alter, transmit, publicly perform, extract and create derivative works thereof, that you have in your Posts and User Content, in any media now known or not currently known.

No endorsement of non- www.secondopinion.clinic entity

www.secondopinion.clinic may offer to its users services offered by non www.secondopinion.clinic entities. Placement of information, logos, links or names of such non- www.secondopinion.clinic entities on the Site does not constitute an endorsement or warranty of these entities, their services. You take full responsibility for a decision to visit or use the services of any such entity and you agree that www.secondopinion.clinic is not responsible in any way for anything linked with those non- www.secondopinion.clinic entities. You further acknowledge that no relationship (such as partnership, agent, joint venturer, or employee) of any nature whatsoever is created between you and www.secondopinion.clinic by formation of this agreement or by your participation on the Site.

IT IS THE CONCERN AND OBLIGATION OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ANY OPINION, ANSWER OR OTHER INFORMATION AVAILABLE THROUGH THE SITE, FROM AN DOCTOR/EXPERT, FROM THIRD PARTIES OR OBTAINED FROM A LINKED SITE. PLEASE SEEK THE GUIDANCE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ANSWER, SERVICE, OR OTHER CONTENT.

Information control and storage

We do not control the data provided by users, which you may find to be violent, harmful, erroneous, or deceptive. Please use caution and common sense when using the Site. There are also risks of dealing with underage persons or people acting under false pretences. Additionally, there may be risks dealing with international trade and foreign nationals. By using the Site, you agree to accept such risks and that www.secondopinion.clinic is not responsible for the acts or omissions of users on the Site.

The amount of storage space per user is currently limited. You agree that www.secondopinion.clinic is not responsible or liable for the deletion or failure to store content and/or other information.

Exclusion of warranties

TO THE EXTENT PERMITTED BY LAW, WWW.SECONDOPINION.CLINIC SERVICES, SOFTWARES, AND RELATED DOCUMENTATION ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR A USER THROUGH THIS SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THE TERMS. WWW.SECONDOPINION.CLINIC DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WWW.SECONDOPINION.CLINIC DOES NOT WARRANT OR REPRESENT THAT THE USE OR THE RESULTS OF THE USE OF THE MATERIALS AVAILABLE THROUGH THE SERVICE, FROM THIRD PARTIES OR A LINKED SITE WILL BE CORRECT, ACCURATE, TIMELY, RELIABLE OR OTHERWISE. 

UNDER NO CIRCUMSTANCES WILL WWW.SECONDOPINION.CLINIC BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE, FROM THIRD PARTIES (SUCH AS DOCTORS/ EXPERTS OR OTHERS) OR A LINKED SITE, OR YOUR RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A THIRD PARTY OR A LINKED SITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WWW.SECONDOPINION.CLINIC OR THROUGH OR FROM THE WWW.SECONDOPINION.CLINIC SERVICES SHALL CREATE ANY WARRANTY.

Indemnification

You hereby agree that you shall keep Medansh, its affiliates and group companies, successors, assigns and its respective officers, directors and agents, shareholders, representatives indemnified and defend and hold harmless from and against all actions, proceedings, claims, liabilities (including statutory liability), penalties, demands and costs (including without limitation, legal costs), awards, damages, losses and/or expenses however arising directly or indirectly, including but not limited to, as a result of: 

  1. any breach or non-performance by you of any of your undertakings, warranties, covenants, declarations or obligations under these Terms and Conditions; or 
  2. any hacking or lapse in security of the Site or the data on the Site; or any
  3. act, deed, omission or non-performance on your part which renders the transaction undertaken through the Site invalid. 

The indemnities provided herein and provisions making reference to the indemnitees shall survive the termination of these T&Cs and all the Policies.

AMENDMENTS

www.secondopinion.clinic reserves the right, at its sole discretion, to modify the Site or Services or to modify/amend/alter these T&CS, including the Service Fees, at any time and without prior notice. If we modify/amend/alter these T&CS, we will post the modification/amendments/alteration on the Site. If the www.secondopinion.clinic develops revised T&CS of Use then on their publication on the Website, they will supersede and prevail those they replace. By continuing to access or use the Site or Services after we have posted a modification/amendments`/alteration on the Site, you undertake that you agree to be bound by the modified/amended/altered T&CS. If the modified/amended/altered T&CS are not acceptable to you, your only recourse is to cease using the Site and Services.

DISCLAIMER POLICY

The information contained in this website is for general information purposes only. The information is provided by www.secondopinion.clinic and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.

Through this website you are able to link to other websites which are not under the control of www.secondopinion.clinic. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

Every effort is made to keep the website up and running smoothly. However, www.secondopinion.clinic takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.

TERMINATION

The  www.secondopinion.clinic may terminate these T&Cs, the Policies, Services and/or access to the Site hereunder for any reason, including but not limited for reasons of breach, by you, of these T&Cs or all/any of the Policies, including the Privacy Policy, Cancellation Policy and Return Policy. Your sole right to terminate these Terms and Conditions and the Policies is by not using the Site and/or Services and deleting your account on the Site. 

CONSEQUENCES OF TERMINATION

It is clarified that the termination of these T&Cs, the Policies, the Services and/or access to the Site shall not affect any liabilities incurred by you prior to such termination or for acts performed during the pendency of these T&Cs and the Policies which may result in a dispute post-termination of these T&Cs, or any provision expressed to survive or to be effective on termination and the obligations set out herein shall remain in full force and effect notwithstanding the termination. 

FORCE MAJEURE

The  www.secondopinion.clinic shall not be liable for its failure to perform under these T&Cs and the Policies as a result of occurrence of any force majeure events like acts of God, pandemic, fire, wars, sabotage, civil unrest, labour unrest, action of statutory authorities or government, change in laws, rules and regulations, affecting the performance of www.secondopinion.clinic. 

DISPUTES AND ARBITRATION

It is agreeing that to make a good-faith effort to resolve any dispute arising out of, or in connection with, this Contract through negotiation. Should the parties fail to resolve any such dispute within ten (20) days, any controversy or claim arising out of or relating to this Contract, including, without limitation, the interpretation or breach thereof, shall be submitted by either party to a sole arbitrator in Mumbai, India and in accordance with the Arbitration and Conciliation Act, 1996 and as per Commercial Arbitration Rules of the Arbitration and Conciliation Act India, 1986. The arbitration shall be conducted by one arbitrator, who shall be (a) selected with the mutual consent of both the Parties and (b) a licensed attorney with at least ten (10) years’ experience in the practice of law and at least five (5) years’ experience in the negotiation of technology contracts or litigation of technology disputes. The arbitrator shall have the power to enter any award that could be entered by a judge of the state courts of Mumbai district court, India sitting without a jury, and only such power, except that the arbitrator shall not have the power to award punitive damages, treble damages, or any other damages which are not compensatory, even if permitted under the laws of India or any other applicable law. The arbitrator must issue his or her resolution of any dispute within thirty (30) days of the date the dispute is submitted for Arbitration. The written decision of the arbitrator shall be final and binding and enforceable in any court having jurisdiction over the parties and the subject matter of the Arbitration.  Notwithstanding the foregoing, this Section shall not preclude either party from seeking temporary, provisional, or injunctive relief from any court.

Courts in Mumbai shall have the exclusive jurisdiction to resolve any disputes that may arise under these T&Cs.

SEVERABILITY

If any term or provision of this Terms & Conditions/Agreement shall to any extent be declared illegal or unenforceable by arbitrator(s) or by a duly authorized court of competent jurisdiction, then the remainder of this Terms & Conditions/Agreement or the application of such term or provision in circumstances other than those as to which it is so declared illegal or unenforceable, shall not be affected thereby, each term and provision of this Terms & Conditions/Agreement shall be valid and enforceable to the fullest extent permitted by law and the illegal or unenforceable term or provision shall be deemed replaced by a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term of provision.

NOTICE

Any notices required or permitted hereunder shall be given to the www.secondopinion.clinic or Customer, as required, at the address specified or at such other address as the www.secondopinion.clinic or Customer shall specify in writing.  Such notice shall be deemed given: upon personal delivery; if sent by telephone facsimile, upon confirmation of receipt; or if sent by certified or registered mail, postage prepaid.

MISCELLANOEOUS

The Terms constitute the complete and exclusive statement of the Agreement between you and us. The Terms supersede any and all prior or contemporaneous contract/agreement, oral or written, and any other communications, representations, warranties and understandings relating to the subject matter of the Terms. If there is a conflict/issue between an oral or written representation of any www.secondopinion.clinic employee or agent and the Terms (other than modifications to the Terms executed in writing by the Designated Partner or other senior representative of www.secondopinion.clinic, the Terms will prevail. To the extent the Terms are in conflict or inconsistent with one another, the Terms of Service will prevail for Customers, and the Doctor Agreement will prevail for Doctors, over other Terms; also, this Agreement, Related Agreements and disclaimers will prevail over FAQs, and other rules and policies on the Site.

If any provision(s) of the T&C is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to show the intentions of the parties and the other provisions shall remain in full force and effect. www.secondopinion.clinic’s failure to exercise or enforce any of the T&C shall not constitute a waiver of www.secondopinion.clinic’s right to exercise or enforce the T&C as to the same or another instance. Headings in this document and Related Agreements are for the purposes of reference only and shall not limit or otherwise affect the meaning of the Terms.

All third-party advertisements, hyperlinks or other redirection tools on the Website which take You to content operated by third parties are not controlled by us and do not form part of the Website. We are not liable for any loss or harm that occurs to You as a result of such sites.

You agree that www.secondopinion.clinic may assign the T&C to any other entity of its choosing, with or without notice to you. You may not assign the Terms to any other party for any reason, including but not limited to because your interaction with other users of the Site, the pricing offered, and anti-fraud mechanisms in place, are based upon individual usage.

Please contact us at help@secondopinion.clinic for any questions or comments (including all inquiries related to copyright infringement) regarding this Website.

This document is an electronic record under the Information Technology Act, 2000 and rules thereunder. 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) Rules, 2011 that require publishing the rules and regulations, Privacy Policy and Terms and Conditions for access to or usage of this Website.

You agree that have read and understood the above Terms and Conditions. You agree that by accessing the Site and/or availing the Services you hereby accept the Terms and Conditions and the Policies displayed on the Site and further agree to be bound by these Terms and Conditions and the Policies as may be modified by the www.secondopinion.clinic from time to time. You further agree that the Services and the Site the access to which is being provided to you by the www.secondopinion.clinic is subject to change.