TERMS AND CONDITIONS

CIPHER Healthcare Pvt. Ltd. brings together key elements of treatment, detection and awareness of non-communicable diseases. CIPHER empowers individuals to take control of their own health by providing them services, information and most importantly companionship and empathy during their journey.

CIPHER Healthcare runs several patient-centric services across India.

1. Terms
By accessing this web site, you are agreeing to be bound by these web site terms of use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark laws.

2. Service term
The terms of use shall commence upon the date you engage or register with CIPHER. Either you or CIPHER may terminate these terms of use and your right to use the CIPHER services at any time, with or without cause. These terms of use and the licenses granted hereunder shall be terminated without notice in the event you fail to comply with these terms of use or the rules for use of the CIPHER service promulgated by CIPHER from time to time. Upon any termination, you will destroy all copies of CIPHER materials in your possession and cease any access to or use of the CIPHER services.

3. Age
You must be over eighteen (18) years of age in order to register or access this website. In the case of minors (under eighteen (18) years), a parent or guardian must accept these terms of use and guide all consultations under the services offered. The parent or guardian assumes full responsibility for ensuring that the authenticated information is kept secure and that the information submitted is accurate.

By agreeing to these terms you represent and warrant that you are at least eighteen years of age and that you possess the legal right and ability to enter into agreements pertaining to terms of use, register for CIPHER services under your own name and use CIPHER services in accordance with the terms of use and abide by the obligations hereunder.

4. Scope of services
CIPHER Healthcare currently provides users access to an extensive amount of resources, including, but not limited to, health and medical content, online tools, and various communication tools.

5. Maintaining the electronic record
Your CIPHER electronic record is created to store your personal health information online. You agree to provide accurate information for your CIPHER record, and to update such information as and when necessary. For additional information regarding use of your CIPHER record, please refer to our privacy policy. It is your responsibility to validate any third party information in your CIPHER record. CIPHER reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the CIPHER website pursuant to its internal record retention and/or destruction policies.

6. Record of Your information
As part of the registration process, you are required to provide us with certain information. Additionally, it is your responsibility to update CIPHER as promptly as possible with any changes in the information so that all records are current, complete and accurate. At any given time, you may be notified that time-sensitive information such as medical information, diagnosis, lab results, etc may need to be reviewed. Such a notification of urgent information review will be sent to the e-mail address provided by you in the records. Please keep this in mind when determining which e-mail address you offer as a contact point. You are obliged to furnish your e-mail address, change of address, change of phone number etc. from time to time. By completing and submitting the registration form, you represent that the statements in your application are true and accurate.

7. Fees
You are liable to pay for services pursuant to the schedule of memberships and fees set forth by CIPHER . CIPHER reserves the right to modify its pricing structure at any time and implement the new price structure at any time prior to your billing for your initial payment or for future payments that are due pursuant to theses terms of use.

You understand and agree that fees for service, the amount as set forth by CIPHER may be charged even when an appointment or any other service is cancelled by you.

8. Non-Refund
CIPHER will not, under any circumstances, issue cash refunds or credits for early contract cancellation or refund payment for any services, once charged. If the user has a question about charges made to your account, he or she should contact us immediately. If the charges were made in error, we will immediately refund the amount. Any user who disputes a payment that is found to be valid is subject to a fine, suspension and account termination subject to CIPHER’s discretion. Any charge back fees, past due fees and costs will be sent to collections. If our collection efforts fail, unpaid debts will be reported to all available credit reporting agencies.

9. Trademark, Copyright and Restriction
This website is controlled and operated by CIPHER Healthcare Pvt. Ltd. All material on this site, including images, content, illustrations are protected by copyrights, trademarks, and other intellectual property rights that are owned and controlled by us or by other parties that have licensed their material to us. Material on the website owned, operated, licensed or controlled by us is solely for your personal, non-commercial use. As a member, you agree to uphold the moral, legal and intellectual property rights of the material of this website. The information given in this site is for your personal use and must not be duplicated, plagiarised, re-distributed or sold. You hereby confirm you are aware that unauthorised use of all the above said material may result in legal action being taken against you.

10. Severability
The provisions of these terms of use are severable, and in the event any provision hereof is determined to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining provisions, but such a provision shall be reformed, if reasonably possible, only to the extent necessary to make it enforceable.

11. Disclaimer Of Warranties And Liability
This website, all the materials and products and services, included on or otherwise made available to you through this Site and/or the call centre are provided by CIPHER "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the foregoing paragraph, CIPHER does not warrant that:

This website will be constantly available, or available at all; or

The information on this website is completely, true, accurate or non-misleading.

CIPHER will not be liable to you in any way or in relation to the contents of, or use of, or otherwise in connection with, this website. CIPHER does not warrant that this site; information, content, materials, or services included on or otherwise made available to you through this site; their servers; or electronic communication are free of viruses or other harmful components. CIPHER makes no warranty that the services will meet your requirements, or that the service(s) will be uninterrupted, timely, secure, or error free. This includes loss of data resulting from delays or any service interruption caused by CIPHER employees. CIPHER is not responsible for transmission errors, corruption or compromise of data caused while sharing it through local, internet or telecommunication carriers.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.

You will be required to enter a valid email and phone number while using our services. By registering your details with us, you consent to be contacted by us via phone calls and/or SMS notifications and/or email.

12. Supplementary communication and its limitations
CIPHER may send you newsletters and other information regarding common medical and health-related topics or preventive care messages containing specific medical and health related information, links to other related websites and specific questions related to your CIPHER record. Additionally, CIPHER makes available self-care informational services that provide general, medical and health information. These communications and resources are not comprehensive medical text and do not include complete potential information pertaining to the subject matter. These communications and resources are solely meant for general, educational and informational purposes and should not be relied upon as a substitute for patient-specific medical diagnosis and treatment or construed, directly or indirectly as the practice of medicine or dispensing of medical services by CIPHER. Such information is not a substitute for consulting an appropriate healthcare professional for medical treatment. The information contained in these communications and resources is compiled from a variety of sources and may or may not be authored by CIPHER. CIPHER makes no warranty with respect to the content of these materials or the information contained therein.

13. Comments, Suggestions and Submissions
CIPHER welcomes comments, suggestions and submissions by its user. Any comments, suggestions and submissions made by the users, including but not limited to messages, notes, feedback, artwork, communications, computer code or creative materials provided to CIPHER shall become the exclusive property of CIPHER. At the time the comment, suggestion, and/or submission is made it shall act as a full assignment to CIPHER of all rights whatsoever (copyright, patentability, and intellectual property). CIPHER shall have the right to use the said comment, suggestion, and/or submission as its own for all legal purposes including but not limited to reproduction, disclosure, publishing, distribution and the like without any compensation to the user.

14. Indemnification
The user agrees to release, indemnify, and hold CIPHER, its contractors, agents, employees, officers, directors and affiliates harmless from all liabilities, claims and expenses, including attorney's fees, fees of third parties relating to or arising under these terms of use, the services provided hereunder or your use of the services, including without limitation, infringement by you or someone else using the service with your computer, of any intellectual property or other proprietary right of any person or entity, or from the violation of any of our operating rules or policy relating to the service(s) provided. When we are threatened with suit by a third party, we may seek written assurances from you concerning your promise to indemnify us; your failure to provide those assurances may be considered by us to be a breach of your agreement and may result in deactivation of your service(s) with immediate effect.

The user shall defend, indemnify, save and hold CIPHER including (its agents, its clients, its servants, officers, directors and employees) harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against them, that may arise or result from the user’s violation of any of the terms stated herein. The user shall defend, indemnify and hold harmless CIPHER including (its agents, its clients, its servants, officers, directors and employees) against any and all liabilities caused directly or indirectly by the user or any person whom the user allows to access the services. Under no circumstances, including negligence, shall CIPHER including ( its agents, its clients, its servants, officers, directors and employees) or anyone else involved in creating, producing or distributing CIPHER services be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use CIPHER services, or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorised access to CIPHER records, programs or services. This shall apply to all content and functionality of CIPHER services.

Notwithstanding the above, the user's exclusive remedies for all damages, losses and causes of actions whether in contract, tort, including negligence or otherwise, shall not exceed the aggregate rupee amount which the user paid directly to CIPHER during the current month. Such limitations shall apply to CIPHER total liability, including without limitation any liability for damages caused or allegedly caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation of transmission, communications failure, theft of destruction of or unauthorised access to, alteration of, or use of records, whether for breach of contract, tortuous behaviour, negligence, or under any other cause of action. In no event shall CIPHER nor any of its affiliates be liable for any direct damages in excess of the purchase price for the membership. In addition, to the maximum extent permitted by law, in no event shall CIPHER nor any of its affiliates be liable for any special, punitive, indirect, incidental or consequential damages, including but not limited to personal injury, wrongful death, loss of use, loss of profits, interruption of service or loss of data, whether in any action in warranty, contract, tort (including, but not limited to negligence or fundamental breach), or otherwise arising out of or in any way connected with the use of, or the inability to use, this website or any service offered through this website or any material or information contained in, accessed through, or products purchased on this website, even if an authorised representative of CIPHER is advised of the likelihood or possibility of the same. To the extent certain jurisdictions restrict any of the above limitations of liability, such limitations shall not apply in such jurisdictions to the extent of such restrictions.

15. Additional terms
Certain services provided by CIPHER may have additional terms. If you choose to register for or access any such services, you will be presented with the relevant additional terms and conditions at that time. By using those services, you agree to comply with such additional terms.

16. Changes to these terms of use
CIPHER may revise these terms of use for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these terms of use.

17. Changes to the services
We may from time to time add new services, substitute a new service for one of the existing services, or discontinue or suspend one of the existing services. Information about the new services will be included on the site, and the users of new services will be governed by these terms of use.

18. Applicable Law
These terms of use shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be in Hyderabad.

19. Our Contact
Please send any questions or comments regarding this site to [email protected]