PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE
Terms & Conditions of use
The Agreement applies to you whether you are -
i.A medical practitioner/doctor or health care provider (whether an individual professional or an organization) or similar institution wishing to be listed, or already listed, on the Website, including designated, authorized associates of such practitioners or institutions(“Practitioner(s)”, “you” or “User”); or
ii.A patient, his/her representatives or affiliates, searching for Practitioners through the Website (“End-User”, “you” or “User”); or
iii.Otherwise a user of the Website (“you” or “User”).
This Agreement applies to those services made available by LFG Cares on the Website, which are offered free of charge to the Users (“Services”), including the following:
iv.For Practitioners: Listing of Practitioners and their profiles and contact details, to be made available to the other Users and visitors to the Website;
v.For other Users: Facility to (i) create and maintain ‘Health Accounts’, (ii) search for Practitioners by name, specialty, and geographical area, or any other criteria that may be developed and made available by LFG Cares, and (iii) to make appointments with Practitioners.
The Services may change from time to time, at the sole discretion of LFG Cares, and the Agreement will apply to your visit to and your use of the Website to avail the Service, as well as to all information provided by you on the Website at any given point in time.
This Agreement defines the terms and conditions under which you are allowed to use the Website and describes the manner in which we shall treat your account while you are registered as a member with us. If you have any questions about any part of the Agreement, feel free to contact us at firstname.lastname@example.org.
We reserve the right to modify or terminate any portion of the Agreement for any reason and at any time, and such modifications shall be informed to you in writing You should read the Agreement at regular intervals. Your use of the Website following any such modification constitutes your agreement to follow and be bound by the Agreement so modified.
You acknowledge that you will be bound by this Agreement for availing any of the Services offered by us. If you do not agree with any part of the Agreement, please do not use the Website or avail any Services.
Your access to use of the Website and the Services will be solely at the discretion of LFG Cares.
The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but not limited to:
vi.the Indian Contract Act, 1872,
vii.the (Indian) Information Technology Act, 2000, and
the rules, regulations, guidelines and clarifications framed there under, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”).
This website www.lfgcares.com ("Website") and its mobile application ("Application") are owned and operated by Swapna Bharat Private Limited ("LFG Cares"), a company incorporated under the laws of India, having its registered place of business at 204, Audhumber Park, Near UrbanGram, Kondhawe-Dhawade, Shivane, Pune-411023, India and its corporate office at 204, Audhumber Park, Near UrbanGram, Kondhawe- Dhawade, Shivane, Pune-411023, India India, which enables the user of the Website to connect with independent third party hospital/clinic owners ("Channel Partner") offering healthcare service to people/patients thought healthcare services.
Your use of the Website and/or Application is an acknowledgment that you have reviewed the Terms and Conditions and agree to comply with and be legally bound thereby. These terms and conditions govern your access to and use of the Website and/or Application and the Services. If you do not agree to these terms and conditions, you must refrain from using the Website and/or Application and Services.
By using this Website/ Application you hereby acknowledge and agree that LFG Cares is not a hospital/Clinic owner and has no control over the conduct or behavior of the Channel Partner or the quality, fitness or the suitability of the services provided by Channel Partner. LFG Cares disclaims any and all liabilities in this regard.
Membership on the Website/Application is free.
If you are not agreeable to all the Usage Terms in their entirety, you must not use this Website/ Application and should exit/logout immediately. Your use of the Website/ Application implies that You agree with the Usage Terms in their entirety. You agree, acknowledge and recognize that the contract of sale is made in India, is governed exclusively by laws of India and is subject to the exclusive jurisdiction of the courts in Delhi to the exclusion of all other courts.
You hereby represent and warrant that you are at least eighteen (18) years of age or above and are capable of entering, performing and adhering to these Usage Terms and that you agree to be bound by these Usage Terms. While individuals under the age of 18 may utilize/browse the Website/ Application, they shall do so only with the involvement, guidance and supervision of their parents and / or legal guardians, under such Parent /Legal guardian’s registered account.
The User agrees and acknowledges that this Website/ Application can be used only by individuals who are of legal age (at least 18 (eighteen) years of age) to form a binding contract under the laws as applicable in India. LFG Cares reserves the right to terminate User’s access to and refuse to provide User with access to the Website/ Application if LFG Cares discovers that User is under the age of 18 years. Furthermore LFG Cares has the right at its sole discretion to refuse to provide access to or terminate the access of any person(s) whatsoever with or without notice.
LFG Cares provides Services on the Website/Application subject to complete adherence to the Usage Terms by the User. By accessing, viewing, or using this Website/ Application, You acknowledge, declare, confirm and represent & warrant to LFG Cares that you have read and understood the Usage Terms and accept them as
an agreement as the binding legal contract equivalent of a duly signed contract binding on You. This agreement is effective immediately upon your accessing, viewing, or using this Website/ Application. You are advised to regularly check for any amendments or updates to the Usage Terms mentioned herein from time to time. LFG Cares may add to or change, update these Usage Terms from time to time entirely at its sole discretion. Your use of the Website/ Application and any amendment to the Usage Terms shall constitute your acceptance of these Usage Terms and You agree to be bound by any such changes/revisions/amendments. Website/ Application shall not be obliged to notify You, irrespective of the fact that You are registered or not, of any modifications made to the Usage Terms. Your access to the Website/ Application for purchasing the Services or for mere browsing is subject to the most current version of the Usage Terms appearing on the Website/ Application at the time of such use.
The Website/ Application is an online marketplace where Users may meet and interact with Hospital/Clinics for their transactions. Channel Partner’s list their Hospital and Clinics on the Website/ Application and User reserves the Accommodation at the prices specified by the Channel partner on the Website/Application or not fix price. LFG Cares hereby clarifies and the User agrees and understands that LFG Cares is not the owner of the Hospital/Clinic/Healthcare Provider and will not be liable for any services or lack of them at the Appointment booked by the User. It is hereby further clarified that LFG Cares and Channel Partners are separate and independent entities and LFG Cares does not work as representative or agent of the Channel Partner. By making a Appointment/booking at the listed Hospital/Clinics the User enters into commercial/ contractual terms as offered by and agreed to between Channel Partner and the User alone.
The Services provided by LFG Cares or any of its licensors or service providers are provided on an "as is" and “as available’ basis, and without any warranties or conditions (express or implied, including the implied warranties of merchantability,
accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). LFG Cares does not provide or make any representation, warranty or guarantee, express or implied about the Website or the Services. LFG Cares does not guarantee the accuracy or completeness of any content or information provided by Users on the Website. To the fullest extent permitted by law, LFG Cares disclaims all liability arising out of the User’s use or reliance upon the Website, the Services, representations and warranties made by other Users, the content or information provided by the Users on the Website, or any opinion or suggestion given or expressed by LFG Cares or any User in relation to any User or services provided by such User.
The Website may be linked to the website of third parties, affiliates and business partners. LFG Cares has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through our Website. Inclusion of any link on the Website does not imply that LFG Cares endorses the linked site. User may use the links and these services at User’s own risk.
LFG Cares assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect User’s equipment on account of User’s access to, use of, or browsing the Website or the downloading of any material, data, text, images, video content, or audio content from the Website. If a User is dissatisfied with the Website, User’s sole remedy is to discontinue using the Website.
If LFG Cares determines that you have provided fraudulent, inaccurate, or incomplete information, including through feedback, LFG Cares reserves the right to immediately suspend your access to the Website or any of your accounts with LFG Cares and makes such declaration on the website alongside your name/your clinic’s name as determined by LFG Cares for the protection of its business and in the interests of Users. You shall be liable to indemnify LFG Cares for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected LFG Cares or its Users.
LFG Cares shall not be responsible and shall not be required to mediate or resolve any dispute or disagreement between User and Channel Partner. In no event, shall LFG Cares be made a party to dispute between User(s) and Channel Partner(s).
3.RESERVATION/ BOOKING OF SERVICES
APPOINTMENT BOOKING AND INTERACTION WITH PRACTITIONERS
While LFG Cares will try to ensure a confirmed appointment for an End-User who requested an appointment on Website, LFG Cares does not guarantee that a patient will get a confirmed appointment. Further, LFG Cares has no liability if such appointment is confirmed but later cancelled by Practices or Practitioners, or the Practitioners are not available as per the given appointment time.
You understand and agree that any interactions and associated issues with other Users including but not limited to your health issues and your experiences is strictly between you and the other Users. You shall not hold LFG Cares responsible for any such interactions and associated issues. For avoidance of doubt, LFG Cares is not involved
in providing any healthcare or medical advice or diagnosis and hence is not responsible for any outcome between you and the Practitioner you interact with, pursuant to any interactions on the Website. If you decide to engage with a Practitioner to provide medical services to you, you do so at your own risk. The results of any search you perform on the Website for Practitioners should not be construed as an endorsement by LFG Cares of any such particular Practitioner. LFG Cares shall not be responsible for any breach of service or service deficiency by any Practitioner. We cannot assure nor guarantee the ability or intent of the Practitioner(s) to fulfill their obligations towards you. We advise you to perform your own investigation prior to selecting a Practitioner.
Payment and Cancellation Policy
In the event, the doctor with whom the appointment has been booked is not available in the Clinic/Hospital, the patient has to (a) cancel the current appointment or (b) consult another doctor with clinic's/hospital's consent. Cancellation of the appointment by the patient should be done one (1) hour prior to the time blocked for appointment. In such an event, the entire amount will be refunded to the patient with in 5-6 business days from the date of cancellation in accordance with the mode of refund proposed by the patient. In case a booking confirmation e-mail gets delayed due to technical reasons or as a result of incorrect e-mail ID provided by the user etc, an appointment would be considered as 'booked'. If the patient does not show up at the time of Appointment, LFG Cares will refund the entire amount after approval from Clinic/Hospital with in 5-6 business days in accordance with the payment methods provided by the patient.
LFG Cares shall not be liable for any refunds to the customer in the event the customer's booked slot/ time for an appointment has been delayed.
Any grievances and claims related to the appointment/ refund should be reported to LFG Cares support team at info@LFGCares.com within two (2) days of appointment date with the doctor.
Without prejudice to the generality of the above, LFG Cares will not be liable for:
any wrong medication or treatment quality being given by the Practitioner(s), or any medical negligence on part of the Practitioner(s);
any type of inconvenience suffered by the User due to a failure on the part of the Practitioner to provide agreed services or to make himself/herself available at the appointed time, no show by the Practitioner, inappropriate treatment, or similar difficulties; any misconduct or inappropriate behaviour by the Practitioner or the Practitioner’s staff; cancellation or rescheduling of booked appointment or any variance in the fees charged;
any medical eventualities that might occur subsequent to using the services of a Practitioner, whom the User has selected on the basis of the information available on the Website or with whom the User has booked an appointment through the Website.
Further, LFG Cares shall not be liable, under any event, for any comments or feedback given by any of the Users in relation to the services provided by another User. All such feedback should be made in accordance with applicable law. The option of Users to give feedback remains at LFG Cares’s sole discretion and may be modified or withdrawn at its sole discretion. LFG Cares may moderate such feedback at any time. LFG Cares shall not be obliged to act in any manner to give effect to the content of Users’ feedback, such as suggestions for delisting of a particular Practitioner from the Website.
∙NO DOCTOR-PATIENT RELATIONSHIP; NOT FOR EMERGENCY USE
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 LFG Cares 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.
It is hereby expressly clarified that, the Information that you obtain or receive from LFG Cares, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Website is for informational purposes only. 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. 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.
The Services are not intended to be a substitute for getting in touch with emergency healthcare. If you are an End-User facing a medical emergency (either on your or a another person’s behalf), please contact an ambulance service or hospital directly.
Terms for Practitioners:
∙The Practitioner shall reply to the patient after receiving patient’s communication. In case of non-compliance with regard to reverting/ adhering to the applicable laws/rules/regulations/guidelines by the Practitioner, LFG Cares has the right to show other available Practitioners to the patient or remove Practitioners from the platform/LFG Cares application/site.
∙The Practitioner understands and agrees that, LFG Cares shall at its sole discretion, at any time be entitled to, show other Practitioners available for consultation.
∙The Practitioner further understands that, there is a responsibility on the Practitioner to treat the patients on this model, as the Practitioner would have otherwise treated the patient on a physical one-on-one consultation model.
∙The Practitioner has the discretion to cancel any consultation at any point in time in cases where the Practitioner feels, it is beyond his/her expertise or his/her capacity to treat the patient. In such cases, patient has the option of choosing other Practitioners.
∙The Practitioner shall at all times ensure that all the applicable laws that govern the Practitioner shall be followed and utmost care shall be taken in terms of the consultation being rendered.
∙The Practitioner acknowledges that should LFG Cares find the Practitioner to be in violation of any of the applicable laws/rules/ regulations/guidelines set out by
the authorities then LFG Cares shall be entitled to cancel the consultation with such patient or take such other legal action as may be required.
∙It is further understood by the Practitioner that the information that is disclosed by the patient at the time of consultation, shall be confidential in nature and subject to patient and Practitioner privilege.
∙The Practitioner shall ensure patient’s consent is obtained prior to uploading the prescription/health records of the patient on the account of the patient during such consultation.
Terms for Patients:
∙The User understands and agrees that LFG Cares Consult, is merely a consulting model, any interactions and associated issues with the Practitioner on LFG Cares Consult including but not limited to the User’s health issues and/or the User’s experiences is strictly between the User and the Practitioner. The User shall not hold LFG Cares responsible for any such interactions and associated issues.
∙As a User, you understand that, LFG Cares is not a medical service provider, nor is it involved in providing any healthcare or medical advice or diagnosis, it shall hence not be responsible for any outcome from the consultation between the User and the Practitioner.
∙LFG Cares Consult is a platform being made available to Users to assist them to obtain consultation from Practitioners and does not intend to replace the physical consultation with the Practitioner.
∙You understand that, your conversations with the Practitioner may be retained in our database, for legal and/or administrative requirements (example: to resolve issues
raised by Users either for refund or to conduct investigation in case of issues raised by Users).
∙If you decide to engage with a Practitioner to procure medical services to you, you shall do so at your own risk. LFG Cares shall not be responsible for any breach of service or service deficiency by any Practitioner.
∙If you decide to use the payment gateway to make payments online, it is solely at your discretion. Should there be any issues with regard to the payment not reaching the respective Practitioner’s account, please reach out to info@LFGCares.com.
Cancellations/Refunds: In case of patients, where the Practitioner has acted in contravention with any guidelines/applicable laws/rules/regulations, LFG Cares shall provide complete refund to the patient, subject to investigation undertaken by LFG Cares. However, where the cancellation is due to the abusive nature of the patient, such patient shall not be eligible for any refund and LFG Cares/Practitioner shall be entitled to take any legal action, depending upon the gravity of the matter.
The process of booking Services from this Website/ Application may require you to disclose confidential information including Credit Card number etc. To prevent any possibility of unauthorized access to your confidential information such as name, address etc., you shall not use/access this site from unsecure computers, unsecure communication links, unsecure mobile phones or locations such as Internet-Cafe(s), Cyber-Cafe(s) and other commercially available internet enabled computers or computer services.
That relying on declarations, confirmations, information and obligations made/undertaken by the User in accordance with Usage Terms, and believing the same to be true and acting on the faith thereof, LFG Cares has agreed to provide the Services to the User as per the Usage Terms mentioned herein. In particular, the User does hereby agree, promise, declare, confirm, covenant, undertake and represent & warrant to LFG Cares:
(a)the User is not under any legal or other deficiency which prevents/may prevent the User from: (i) entering into a valid contract under the applicable laws; and (ii) making valid payment to LFG Cares for Services ordered by the User.
(b)In the event of detecting any suspicious activity from User’s account, LFG Cares reserves the right to cancel all pending and future orders owing to any such incident without any liability to the User.
(c)In a credit card transaction; User must use your own credit card for which User has full right & authority to validly use such Credit Card for making payment to LFG Cares. LFG Cares shall not be liable for any credit card fraud. The liability to use a card fraudulently will be on the User and the onus to 'prove otherwise' shall be exclusively on User.
(d)While using the Website/ Application User shall at all times strictly comply with the payment procedure and the Usage Terms in their entirety.
(e)Your use of the Services shall be deemed that you are fully satisfied with the description, look and design of the hospital and usage fee of the Accommodation as has been displayed on LFG Cares Website/ Application.
The User agrees and acknowledges that in the Website/ Application all Services are offered only at the sole discretion of LFG Cares.
4.USE OF THE WEBSITE/ APPLICATION
The User agrees, acknowledges, confirms and undertakes that the registration data, information/data provided or uploaded onto the Website/ Application by the User: (a) shall not be false, inaccurate, misleading or incomplete; or (b) shall not be fraudulent or involve the use of counterfeit or stolen Credit Cards; or (c) shall not infringe any third party's intellectual property, trade secret or other proprietary rights or rights of publicity or privacy; or (d) shall not be defamatory, libelous, unlawfully threatening or unlawfully harassing; or (f) shall not contain any viruses, Trojan horses, worms, time bombs, cancel bots, Easter eggs or other computer programming routines or executable files that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information of any person whatsoever; or (g) shall not create liability for LFG Cares or LFG Cares to lose (in whole or in part) the services of LFG Cares’ ISPs or other service providers/suppliers. If the User contravenes the foregoing or LFG Cares has reasonable grounds to suspect that the User has contravened the foregoing, LFG Cares has the right to indefinitely deny or terminate User's access to the Website/ Application and to refuse to honour the User's request(s).
The User hereby assumes the sole risk of booking or making use or relying on the information relating to the Services available on this Website/ Application. LFG Cares does not promote any Accommodations listed on the Website/ Application. It is User’s responsibility to check the details of the Accommodations listed on the Website/ Application at its sole discretion.
LFG Cares has endeavored to provide the most accurate, up-to-date information on this Website/ Application. However, the information, materials, Services available on this Website/ Application may inadvertently include inaccuracies, typographical errors, or outdated information. LFG Cares is not responsible for and shall not be bound to honour typographical or pricing errors on this Website/ Application. LFG Cares reserves the right to refuse or cancel orders at any time, including but not limited to the following orders that contain incorrect prices or product descriptions, orders in which LFG Cares believes the User has violated applicable laws or Usage Terms, orders that
LFG Cares believes are harmful to LFG Cares or orders that LFG Cares believes are fraudulent or based on illegal, fraudulent or deceitful use/furnishing of information or based on false information. LFG Cares neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or service. LFG Cares expressly disclaims any warranties and conditions whether express or implied about their accuracy, completeness, correctness, suitability, reliability, availability, timeliness, quality, continuity, performance, error free or uninterrupted operation/functioning, fitness for a particular purpose, workmanlike effort, non-infringement, lack of viruses or other harmful components. LFG Cares shall not be responsible for the delay or inability to use the Website/ Application or related functionalities, the provision of or failure to provide functionalities, or for any information, software, Services, functionalities and related graphics obtained through the Website/ Application, or otherwise arising out of the use of the Website/ Application, whether based on contract, tort, negligence, strict liability or otherwise. Further, LFG Cares shall not be held responsible for non-availability of the Website/ Application during periodic maintenance operations or any unplanned suspension of access to the Website/ Application that may occur due to technical reasons or for any reason beyond LFG Cares’ control. The User understands and agrees that any material or data downloaded or otherwise obtained through the Website/ Application is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material or data. LFG Cares accepts no liability for any errors or omissions, with respect to any information provided to the User.
5.ACCOUNT AND REGISTRATION
LFG Cares makes the Services available to You through the Website/ Application only if You have provided LFG Cares certain required User information and created an account ("Account") through LFG Cares ID and password or other log-in ID and password (collectively, the "Account Information"). The Website/ Application require You to register as a User by creating an Account in order to utilize the Services provided by the Website/ Application. You will be responsible for maintaining the confidentiality of the Account Information, and are fully responsible for all activities that occur under Your Account. You agree to (a) immediately notify LFG Cares of any unauthorized use of its Account Information or any other breach of security, and (b) ensure that You exit/log out from the account at the end of each session. LFG Cares cannot and shall not be liable for any loss or damage arising from Your failure to comply with this clause. You may be held liable for losses incurred by LFG Cares or any other customer or visitor to the Website/ Application due to authorized or unauthorized use of Your account as a result of Your failure in keeping its Account Information secure and confidential.
LFG Cares also allows restricted access to the Website/ Application for unregistered users. At the time of registration, You shall ensure that the Account Information provided by You in the Website/ Application's registration form is complete, accurate and up-to-date. Use of another user’s account information is expressly prohibited.
When You use the Website/ Application, You agree and understand that You are communicating with LFG Cares through electronic records and You consent to receive communications via electronic records from LFG Cares periodically and as and when required. LFG Cares may communicate with you by email or by such other mode of communication, electronic or otherwise. You specifically agree that LFG Cares shall not be responsible for unauthorized access to or alteration of Your transmissions or data, any material or data sent or received or not sent or received. Further, LFG Cares will make best efforts to safeguard the confidentiality of Your personally identifiable information available with it, but transmissions made by means of the internet cannot be guaranteed or made absolutely secure. By using this
Website/ Application, You agree that LFG Cares shall not be liable for disclosure of Your information due to errors in transmission or unauthorized acts of third parties. Without prejudice to the foregoing You agree that LFG Cares shall not be held liable or responsible for 'phishing attacks' on You. User agrees that User shall not use/access this Website/ Application from unsecure computers, unsecure communication links, unsecure mobile phones. You may accept or decline the cookies when You accesses LFG Cares’ Website/ Application. It is the User’s responsibility to set his browser to alert him to accept or to reject cookies.
The User agrees, acknowledges and confirms that before placing any order, the User shall check the Service description and price carefully and by placing an order for a Service You agree to be bound by the Usage Terms and conditions of sale included in the Services’ description. You shall only place the order after fully satisfying yourself with the price, description, look as has been displayed on LFG Cares Website/Application.
LFG Cares shall not be responsible unsatisfactory or delayed performance of services or damages or delays as a result of Channel Partner’s act’s or omissions.
FG Cares reserves the right to make, at its sole discretion, any modifications or changes whatsoever to the Website/ Application or the information, listings and services described on the Website/ Application at any time. Such modifications or changes shall be effective immediately when they are made.
6.PAYMENT AND USAGE FEE
User hereby agree and understand that he will have to pay the usage fee as mentioned on the Website/Application for the concerned Accommodation via
the payment mode provided on the Website/Application post which User’s requested reservation will be confirmed. Once the reservation has been confirmed, LFG Cares will debit the usage fee from the payment mode selected by the User. The User agrees and acknowledges that the payment procedure may call for and require additional verification of or information from the User and the User undertakes to provide complete, correct and proper information.
LFG Cares uses third party payment providers to receive payments from User. LFG Cares is not responsible for delays or erroneous transaction execution or cancellation of reservation due to payment issues. LFG Cares takes utmost care to work with third party payment providers, but does not control their systems, processes, technology and work flows, hence cannot be held responsible for any fault at the end of payment providers.
7.COMPLIANCE WITH LAWS
User and LFG Cares shall comply with all the applicable laws applicable to them respectively for using payment facility and the Website/ Application.
The Services are provided by LFG Cares on an "as is" basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, LFG Cares makes no warranty that (i)
LFG Cares shall have no liability to the User for any interruption or delay, to access the Website/Application irrespective of the cause.
Without prejudice to and in addition to any other remedies, reliefs or legal recourses available to LFG Cares herein or any applicable laws or otherwise, User agrees to indemnify, defend and hold LFG Cares harmless including but not limited to its affiliate, agents and employees from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by LFG Cares that arise out of or related to your use or misuse of the of the Website, any violation by you of these terms and conditions, or any breach of representations, warranties and covenants made by you herein.
10.LIMITATION OF LIABILITY
LFG Cares shall not be liable for any damages of any kind whatsoever including but not limited to direct, indirect, incidental, punitive, exemplary and consequential damages, damages for loss of use, data or profits, or other intangible losses, which may arise or are arising from the use of this Website/ Application or any of the information, software, services and related graphics contained within the Website/ Application or any of the Services offered, regardless of whether such damages are based on contract, tort, negligence, strict liability or otherwise, and even if LFG Cares been advised of the possibility of damages.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN OR ELSEWHERE, LFG CARES’S ENTIRE LIABILITY TO THE USER FOR ANY CLAIM ARISING OUT OF PURCHASING / BROWING THE WEBSITE/ APPLICATION SHALL BE LIMITED TO THE AMOUNT EQUIVALENT TO THE PRICE PAID FOR THE PRODUCT AND SERVICES GIVING RISE TO SUCH CLAIM.
LFG patients are requested to kindly take due care of all their personal valuables and belongings. LFG management and its employees shall NOT be responsible for any loss, theft or damage to the patients' personal valuables and belongings.
The User agrees that any feedback, comments, ideas, suggestions, information, or any other content which User contributes to LFG Cares or this Website/ Application (including the name you submit with any content) will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for LFG Cares to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works from, display worldwide, or act on such content--without additional approval or consideration--in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you waive any claim to the contrary. The User represents and warrants that User owns or otherwise controls all of the rights to the content that he/she may contribute to this Website/ Application and that use of his/her content by LFG Cares shall not infringe upon or violate the rights of any third party. LFG Cares, its mark and logo are trademarks of Swapna Bharat Private Limited. You understand and agree not to display or use these trademarks in any manner whatsoever.
As a pre-condition of use of this Website/ Application, User warrants to LFG Cares that User shall not use this Website/ Application for any purpose that is unlawful, unauthorized, or inconsistent with Usage Terms, and the User agrees that this license to use LFG Cares Website/ Application will terminate immediately upon User's violation of this warranty. LFG cares reserves the right, at its sole discretion, to block/terminate User's access to this Website/ Application and its content at any time, with or without notice. All content on this Website/ Application, including text, graphics, images, and logos, is the property of LFG Cares or its content suppliers and is protected by domestic and international copyright laws and regulations. LFG Cares reserves the right
to protect its intellectual property rights to the fullest extent under the applicable law.
This Agreement, and all transactions entered into on or through Website/ Application shall be interpreted, construed and governed by the laws of India which shall be applicable to this Agreement without regard to principles of conflict of laws. User agrees that all claims, differences and disputes arising under or in connection with or in relation hereto the Website/ Application, the Usage Terms or any transactions entered into on or through the Website/ Application or the relationship between User and LFG Cares shall be subject to the exclusive jurisdiction of the courts at New Delhi, India and User hereby accede to and accept the jurisdiction of such courts.
Any failure, delay or forbearance on the part of LFG Cares in: (i) exercising any right, power or privilege under this Agreement; or (ii) enforcing terms of this Agreement, shall not operate as a waiver thereof, nor shall any single or partial exercise by LFG Cares of any right, power or privilege preclude any other future exercise or enforcement thereof.
The Parties hereto agree that each of the provisions contained in this Agreement shall be severable, and the unenforceability of one or more provisions of this Agreement shall not affect the enforceability of any other provision(s) or of the remainder of this Agreement.
13.THIRD PARTY LINKS
This Website/ Application may at LFG Cares sole discretion, contain links to sites owned and maintained by persons or entities other than LFG Cares. LFG Cares may also provide links to the other sites for purpose of enabling the Customer to make payment to LFG Cares. Any of the foregoing links do not constitute an endorsement by LFG Cares of any such sites and are provided only as a convenience. LFG Cares is not responsible for the content or links displayed on such sites. LFG Cares is not responsible for the privacy practices of such sites which LFG Cares does not own, manage or control. LFG Cares does not regularly review, and makes no warranty or representation regarding materials posted, or Services or services offered, on the sites to which this Website/ Application may be linked and LFG Cares shall not be responsible for any deficiency thereof. LFG Cares does not endorse any or all of the materials, Services, and services available on such linked sites, and LFG Cares expressly disclaims responsibility for the contents of any linked site, the accuracy of any information contained in a linked site, and the quality of the Services and services offered at any linked site. Any decision to view the contents of any linked site is solely the responsibility of Customer and is made at Customer's own risk.