Terms & Conditions

The terms and conditions herein govern the use of this website, DialaDietician.com ("Website") including its online services, such as use of software on Website to book and cancel appointments, use of BMD health Card facilities (the "Online Services") and information, articles , news, blogs and text, graphics, images and information obtained from service providers and any other material contained on the Website ("Materials") provided by DialaDietician.Com

The following terms and conditions apply to any user that visits this Website, registered users including prospective patients or their relatives/friends, registered Service providers/Vendors (and for the purposes of these terms and conditions include, medical practitioner/hospital/pathlab/ pharmacy/clinic , spa, health centre, gym ,pharmacy, chemist, BMD health card Service Providers/Vendors)registered on the Website and BMD Card holders that are registered on the Website ( jointly or severally referred to as "User(s)" herein as the context may require ). You\'re browsing and/or registration on the Website implies your unconditional acceptance of these terms and conditions which will be final and binding. If you disagree with these Terms of Service, please do not access or use this Website.We will advise you to read the terms for regular updations each time you visit the Website or use any of its services. DialaDietician.com reserves the right of deleting any account or information contained on the Website without notice for any reason whatsoever.                           


Registered Service providers/Vendors are solely responsible for quality of Services they provide. DialaDietician does not take any responsibility for any medical, legal or financial consequences or implications arising out of use of the Website, including any Online Services, or Materials.                          

Criteria and Restrictions for the Use of this Website The Users of this Website should be of 18 years of age or older. A User is responsible to verify that use of this Website shall be legal and he uses it only for lawful purposes. Therefore, any User who accesses the Website from within India or outside shall access the Website entirely at his own risk and remain responsible for compliance with the laws of his jurisdiction.DialaDietician does not claim that the Materials on the Website, are appropriate, accurate, reliable, or updated, suitable or complete or may be downloaded in a particular jurisdiction and your use of the Website shall be at all times solely at your discretion and risk.                     

DialaDietician.com accepts registration of Service provider /Vendor to provide health care services to Users on payment of Annual Membership fees stipulated from time to time. In addition to the Annual membership fees.                       

As part of registration process, you will be provided with an e-mail address and allowed to create a password. These are your credentials for accessing the Services that are only available to registered users ( "Credentials"). You should keep your Credentials private and not share your Credentials with anyone else. If you forget your password, there is a link "Forgot Password?" on the login section of DialaDietician.com. Click on the link and enter your previously registered e-mail address. A mail will be generated and sent to your email address with your password details. You are responsible for notifying us if your password has been hacked or stolen.                          

Facilities to be rendered by the Website

 

 • To provide general information on healthcare, prevention, symptoms and cure of common diseases and ailments and directory of registered healthcare service providers, directory of vendors of medical equipments and other supplies .                              

• To publish on the Website contact information about the registered service provider in its online directory, its locations, key doctor\'s profile, main departments, advertise their services, health packages, upload photos, videos, events, seminar information, and fee schedule and timings for doctor consultations ("Profile page").                       

• To provide a log in id and password to enable registered Service provider to create, update, and make any changes in its Profile Page as required.                              

• To facilitate e-mail communication between Website\'s registered users and the registered Service provider to enable Users to make and receive queries and/or book or confirm appointments for various health related issues.                         

• To facilitate internet enabled consultation using the Website between doctor and patients who are registered users of the Website through phone, e-mail, text SMS/videoconference or online bookings and consultation on location of the Service Provider mentioned on the Profile pages as booked by the User.                              

• To provide an online system to every registered Service Provider to maintain a database of patient lists of Users to communicate through e-mail or SMS.                     

• To provide Users who are registered on the Website technical features to create their profile, edit/update it including daily food diet sheet , including contact information, add doctor to a favorite list, seek queries from doctor, invite friends to join the portal, contact the Midas through contact details on Website, publish /review testimonials on Service provider\'s profile pages, request for booking appointments, subscribe for newsletter e-mail/ SMS alerts, receive SMS/e-mail incase of cancellation of appointment by a registered Service provider.                               


(vii) Registered Service provider will ensure that any patient data of Users shared with its employees, doctors or staff members shall remain confidential at all times.                  

DialaDietician.com does not claim to be a subsititute for professional medical advice, treatment or diagnosis The Information provided by DialaDietician.com is only for information purposes and to facilitate selecting and scheduling appointments with service providers/vendors registered on the Website.All Users are requested to pay a visit to a registered Service provider for any serious condition or emergency assistance or other disease. We do not describe any medications, diet supplements or treatment on this Website , no prescription should be taken or begun without first consulting your physician or other healthcare provider.                 

DialaDietician.com or its owners, managers, directors, employees, agents, partners, advertisers or affiliates will not be liable for any loss, damage, injury caused to a User arising out of use of the Website.                      

DialaDietician.com aims to be a mediator between doctor and patient, yet we dont take any responsibility nor guarantee regarding the prescription of any drug or treatment. It is advisable to any user to read the information regarding doctor carefully.                             

Any information on the Website relating to listing, name, content, material of any professional or firm found on this Website does not constitute any endorsement or recommendations of DialaDietician.com. Please do your own research before  taking advice and/or hire any medical practitioner\'s services or healthcare entity.                             

DialaDietician.com provides facility to Users to post blogs, articles but Midas is not liable for such third party content posted on the Website. Incase any User finds any content is objectionable or illegal, he may report to complaint@DialaDietician.com. Objectionable /illegal content will be monitored and blocked from public access within 36 hrs from reporting of the complaint.                       


No one is allowed to use the Copyrighted content and will be considered violation of copyright laws. The trademark of DialaDietician.com is protected by law and other trademarks on the Website belong to their respective owners.                               

Suspension of account                  
All payments due to a registered Service Provider/Registered Vendor shall be suspended ( with no future transactions permissible) and frozen for 3 months, in the event registered Service Provider /vendor ceases work or faces a major disruption in its operation or becomes bankrupt or starts business in some other name without due intimation to DialaDietician.com and change in its contact information in its Profile pages causing inconvenience and/or does not make due cancellations to Users who have been given confirmed appointments or because of any breach of terms and conditions of this Agreement, a pending legal action arising out of or in connection with services rendered by registered Service Provider/vendor through the Website including complaint for medical negligence or misconduct or reasonable suspicion regarding or unlawful transactions or deficiency in-services or unfair trade practices being adopted by the registered Service Provider/vendor ,statutory violation of laws or other violation of applicable laws. The amount will remain frozen for minimum period of 3 months or longer till the disputes/disruptions /legal proceedings are settled. This clause shall survive the termination of this Agreement                                

Additional TermsBeing a User of this Website you agree to abide by its terms and conditions and that you agree to use the Website on your own free will and it is not guided by any promotional emails, phone calls and advertisements from DialaDietician.com. The use of the Website and the Online Services and Materials is solely at your own risk. That the Website does not guarantee to be error-free or bug-free. We provide no warranty regarding the security, reliability, timeliness, or performance of the Website or its accuracy, suitability or completeness or timeliness, accuracy of profile pages or any information contained therein , updation of the Materials, Online Services (including software, text, graphics, links, or communications) provided on or through the use of the Website.                           

The Website, Online Services and Materials on Website are provided on an "as is" basis. DialaDietician.com, its owners, its licensors, and its suppliers to the fullest extent permitted by law, disclaim all warranties, express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties\' rights, and fitness for particular purpose.                           

The defaulting User shall indemnify and agrees to keep DialaDietician.com and its subsidiaries and affiliates, and its and their directors, officers, employees, successors and assigns fully harmless against any complaints, suits, actions, claims, losses, damages , liabilities (including statutory liability), penalties, demands and costs (including without limitation, legal costs of DialaDietician.com ) ,awards, and/or expenses however arising directly or indirectly from Users or third parties arising in connection with Services and Products offered by other Users on the Website or its quality, performance or legalities including allegations of wrong delivery, misdelivery or defective, delayed or deficient delivery of Products or Services through the Website ,loss of data, system crash or otherwise, and copyright infringement or other intellectual property violations raised by third parties or Customers , or in respect of breach of any of the registered Service provider/vendor\'s warranties, representations or undertakings or in any way attributable in whole or in part to registered Service provider\'s/vendor\'s performance of this Agreement or in relation to the non fulfillment of any of its obligations under this Agreement .                 

In the event that DialaDietician.com is entitled to be indemnified pursuant to the provisions of this Agreement,bookmyappoinment.com shall be entitled to such extent debit the indemnification amount from the due payments to be made to the Registered Service provider/Vendor.                          

The indemnities under this Article are in addition to and without prejudice to the Indemnities given elsewhere in this Agreement and all the indemnities provided herein shall survive the termination of this Agreement.                      

bookmyappoinment.com, its owners ,directors, employees or agents, successors assigns, affiliates, subsidiaries mentioned on the Website in any event whatsoever not be liable for any damages (including, without limitation, incidental and consequential damages, direct, indirect, exemplary damages, special or punitive damages, fees, fines, penalties, or liabilities ,personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption, including any computer virus, anticipated profits, loss of profits or revenues, loss of saving, loss of use interruption of business, loss of opportunity, and claims of customers), whether such damages occur prior or subsequent to or are alleged as a results of, the use or inability to use the Website or the Online Services/Materials,information posted under profile pages, whether based on warranty, contract, tort, or any other legal theory or breach of any of the provisions of this agreement, and whether or not Midas is advised of the possibility of such damages. In no event shall either Party\'s liability be more than amount of Rs.5000…… under this agreement.                        

bookmyappoinment.com is not liable to refund the Membership fees, if paid nor the facilitation fees charged for any Transaction. The interest free security deposit is non-refundable except in accordance with the relevant provisions of this Agreement.                       

DialaDietician.com does not endorse any professional and does not intend to be a source of advertising, solicitation or advice on the behalf of any professional. To the fullest extent permitted by law, DialaDietician.com is not at all responsible for the content of linked third-party sites; websites framed within the Website, or third-party advertisements, and does not make any representations regarding their content or accuracy.                          

That by browsing and/or registering on bookmyappoinment.com you agree that you are solely responsible for anything you post on the Website and that you agree to defend, indemnify, and hold bookmyappoinment.com its owners ,its officers, directors, employees, agents, licensors, and suppliers, successors, assigns fully harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions or any claims based upon your posts/submissions on the Website.                         
Your sole and exclusive remedy for dissatisfaction with the Site is to stop using the Website and its services.                       


bookmyappoinment.com shall not be liable for any delay or non-performance in delivery caused by acts of God, unforeseeable occurrences or other force majeure events beyond the control of DialaDietician.com and in such case its obligations shall be suspended for so long as the Force Majeure Event continues. " Force Majure Event" means any event due to any cause beyond the reasonable control of DialaDietician.com , including , without limitation, unavailability of any communication system, terrorist attack, war , storm ,fire , flood, earthquake, epidemic or other natural disaster, explosion, acts of God, civil commotion, strikes or industrial, unauthorized access to computer data and storage device, computer crashes, breach of security and encryption, Telecom network strike, breakdown or Payment gateway non function due to international cable fault, bank\'s withdrawal of the payment gateway with or without notice, for any reason ,non functioning of the Website due to hacking, malware or boot attacks ,sabotage or server default or server maintenance or breakdown , technical flaw, inadvertent processing delay or impossibility of the use of public or private telecommunication networks and computer networks and other serious disruptions beyond the control of DialaDietician.com                           

Confidentiality & Proprietary Information(a) "Confidential Information" means non public information that Disclosing Party designates as being confidential in writing or orally or it is third party /Customer\'s sensitive information which is disclosed in confidence or which under the Confidential Information circumstances surrounding disclosure ought to be treated as confidential "Confidential Information"                 
(b) For perpetuity from respective disclosure under this Agreement, the receiving Party shall treat as confidential all Confidential Information Provided by the other Party, including the trade secrets, proprietary information, sensitive personal information including health information about Users, or other sensitive information belonging to its customers, financial details, shall not use such Confidential Information except as expressly set forth herein or otherwise authorized in writing, and shall not disclose such Confidential Information to any third party except as may be necessary and required in connection with its rights and obligations under this Agreement . Exceptions: Notwithstanding the above, neither Party shall have liability to the other with regard to any Confidential Information which-                            

(i) Was generally known and available in the public domain at the time it was disclosed, or becomes generally known an available in the public domain through no fault of the receiver.                  

(ii) Was known to the receiver at the time of disclosure as shown by the files of the receiver in existence at the time of disclosure                            

(iii) Is disclosed with the prior written approval of the discloser                  

(iv) Is disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided; that the receiver shall provide reasonable advance notice thereof to enable the discloser to seek a protective order or otherwise prevent such disclosure.                       

(c) Right and Remedies                 

(i)Receiving Party shall notify Disclosing Party immediately upon discovery of any unauthorized use or disclosure or Confidential Information and /or confidential materials, or any other breach of this Agreement by Receiving Party, and will co-operate with Disclosing Party in every reasonable way to help Disclosing Party regain possession of the Confidential Information and/or Confidential Materials and prevent its further unauthorized use.                      

(ii)Receiving Party shall return all originals, copies, reproductions and summaries of confidential Information or Confidential Materials at Disclosing Party\'s request, or at Disclosing Party\'s option, certify destruction of the same. Receiving party will not commercially or even otherwise utilize any Confidential Information without Disclosing Party\'s express prior written consent. Unless otherwise agreed in writing, Receiving party shall not make copies of any Confidential Information for storage or otherwise. This obligation of the Receiving party shall survive the termination of this Agreement and prevail in perpetuity.                         

(iii)Receiving Party acknowledges that monetary damages may not be a sufficient remedy for unauthorized disclosure or Confidential Information or Confidential Materials and that Disclosing Party shall be entitled, without waiving any other rights or remedies, to such injunctive or equitable relief as may be deemed proper by a court of competent Jurisdiction.                                

Term & Termination: (a) This Agreement shall come into existence on the date a user browses the Website and/or registers on it and will remain in force for a period of 5 years and automatically renewable on expiry for further 5 years till it is terminated by either party with prior written notice of 15 days.                             

(b) This Agreement may be terminated:                               

(i) Incase of material breach by a User , bookmyappoinment.com is entitled to terminate this Agreement forthwith and remove any non compliant or other information in connection with Service Provider on its Website or related sites as the case may be.                      

(ii) In case of any other breach by a User (i.e. excluding material breach) of any representation, covenant, warranty or term of this Agreement that is not cured within thirty(30) days after written notice thereof by DialaDietician.com                        

(c) Effect of Termination                               
(i). Upon termination of this Agreement the User shall remove its Profile pages, Links, and otherwise discontinue use of the Website or any activity that indicates its association with the Website or DialaDietician.com                 

(ii) In case of termination, user shall return the login id and password for access of Website Portal to DialaDietician.com or it will be blocked. The parties agree that DialaDietician.com shall withhold the credit balance due to the User, if applicable including the interest free security deposits ( if any) for a period of 365 days from the date of notice of termination till satisfactory feedback form is sent by the User after receiving healthcare consultation through the Website online or offline as the case may be.                        

(iii) All interest free security deposit (if any) held by DialaDietician.com on or after the service of termination notice shall be cleared by DialaDietician.com on first in first out basis after the period of 12 months from date of each transaction.                          

Jurisdiction and Governing law (a) This Agreement shall be subject to the exclusive jurisdiction of the courts of Delhi and the laws of India.                             

Miscellaneous (a) Headings: Headings and captions in this Agreement are for convenience only and are not to be used to interpret this Agreement.                            

(b) Severability: If any provision of this Agreement is found to be illegal or unenforceable, then, notwithstanding such finding, this Agreement shall remain in full force and effect and such provision shall be deemed stricken or modified to the minimum extent necessary to make it enforceable; provided, however, that the intent of the Parties when entering into this Agreement is maintained.                   

(c) Waiver: A failure by any party hereto to exercise or enforce any right conferred upon it by this Agreement shall not be deemed to be a waiver of any such rights or operate so as to bar the exercise or enforcement thereof at any subsequent time or times.                    

(d) Assignment: This Agreement and any rights or obligations hereunder shall not be assigned by a User without the prior written agreement of DialaDietician.com. DialaDietician.com shall be entitled to assign or transfer its right and obligations under this Agreement to any other person.                        

(e) All obligations created by this Agreement shall survive change or termination of the Parties business relationship as the context requires in accordance with natural justice and equity principles.                              

(f) Third party links to websites are not maintained by the DialaDietician.com. Such links are provided for your information only. Third party websites are not under the DialaDietician.com control and we are not responsible for the content or accuracy of those sites or the products or services offered on or through those sites. Nor can the DialaDietician.com guarantees that sites will not change without our knowledge.                    

(g) Entire Agreement: Each Party acknowledges that this Agreement, privacy policy contains the whole agreement, understandings, representations, conditions, warranties, covenants, and comprisees the entire agreement between the Parties hereto and supersedes all prior communications, written or oral with respect thereto. Notwithstanding the foregoing, nothing in this Agreement shall be deemed to supersede or in any way modify any additional confidentiality or non-disclosure agreement between the Parties.                             

                                
(k) Approval                       
Each party shall ensure all statutory permissions required by it before entering into this Agreement have been granted to it and nothing prohibits or restricts parties from entering into this Agreement.                       

Your use of the site, the services and the content is subject to the above Terms & Conditions, Privacy Policy & Disclaimer. If you find these Conditions unacceptable, we request that you do not use this Website. 

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