Terms and Conditions

1. GENERAL

• We, at Sunburst Healthcare Pvt Limited (“SHPL”, “we,” “us” ‘our” “Company”) provide services to you through our app and our website subject to the notices, terms, and conditions set forth in this agreement, read with the Privacy Policy available here https://sunbursthealthcare.co.in.in/privacy-policy.


• These Terms of Use constitute the agreement (the “Agreement” or “Terms of Use”) between SHPL and the user of SHPL’s services. Your use of SHPL’s services and various ancillary Services accessible at https://sunbursthealthcare.co.in/ for which a subscription amount may or may not be payable for usage (hereinafter individually referred to as the “Subscription Service” and collectively referred to as the “Subscription Services”) is subject to the following terms and conditions.


• This Agreement is an electronic record in terms of Information Technology Act, 2000 and generated by a computer system and does not require any physical or digital signatures. This Agreement 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 of Use for access or usage of the Subscription Services.

2. WHO WE ARE

• The domain name sunbursthealthcare.co.in.in an internet based portal / [Sunburst Health Axis], and mobile applications- Sunburst Viva, Sunburst Hygieia and Sunburst Aesclepius (collectively referred to as “Sunburst Health Axis”), is / are owned and operated by SHPL, a company duly incorporated under the provisions of the Companies Act, 2013.

SHPL is the owner/Licensee of the software “Sunburst Viva, Sunburst Hygieia, Sunburst Aesclepius, and web portal Health Axis ”, and all their variants, editions, add-ons, and ancillary Subscription Services or services (including all files and images contained in or generated by the software, and accompanying data, together the “Software”). The Software have been designed for use by individual customers and healthcare providers, which term shall also include designated associates of the healthcare providers who would use Software, All users of the Software are together termed as (“Users” or “you” or “your”).

• Any accessing or browsing of the SHPL Platforms and using the Services indicates your agreement to all the terms and conditions in this Agreement. If you disagree with any part of the Terms and Conditions, then you should discontinue access or use of the SHPL Platforms. We may from time to time update, modify or revise these Terms and Conditions. Every time you wish to use the SHPL Platforms, please check the relevant Terms and Conditions to ensure you understand the terms that apply at that time.


• Your continued use of the Subscription Services after modification conveys your consent to follow and be bound by the Terms of Use as modified. Any additional terms and conditions, disclaimers, privacy policies and other policies applicable to general and specific areas of the Subscription Services or to particular Subscription Services are also considered as Terms of Use.


• Any person may have limited access to the SHPL Platforms without creating an account. In order to have access to all the features and benefits on our Website or App, you must first create an account on our Website or App, for which you are required to provide certain information, which is required to identify you. Other information requested on the registration page, including the ability to receive promotional offers from SHPL, is optional. SHPL may, in future, add other optional requests for information to help us to customize the Services and to deliver personalized products and services to you.


• If you have any query regarding the Services, Terms and Conditions and Privacy Policy, you may contact us at customercare@sunbursthealthcare.co.in.

ELIGIBILITY

When you use the SHPL Platforms, you represent that you meet the following primary eligibility criteria:

• You are at least 18 years old or visiting the SHPL Platforms under the supervision of a parent or guardian, who in such a case will be deemed as the recipient / end-user of the Services for the purpose of these Terms and Conditions.


• You are legally competent to contract, and otherwise competent to use the Software and/or receive the Subscription Services.


• You have not been previously suspended or removed by SHPL, or disqualified for any other reason, from availing the Services.

The Services are not intended for use by minors. SHPL strongly encourages parents and guardians to consider using parental control tools to help provide a child-friendly online environment and to supervise the online activities of their minor children

3. YOUR USE OF SHPL PLATFORMS

As an end-user and/or recipient of Services, when you use the SHPL Platforms, you agree to the following conditions of use:

• You will provide accurate and complete information everywhere on the SHPL Platforms, based on which you will receive the Services. Any registration information given to SHPL by you is true, accurate, correct, complete and up to date, to the best of your knowledge and belief. Any phone number used to register with the Services is registered in your name and you might be asked to provide supporting documents to prove the same. You own sole responsibility for any consequences arising out of any inconsistency or inaccuracy of any information or data provided by you. SHPL is not obliged to make any enquiries to check the veracity of the information provided by you.


• You may view and access the content available on the SHPL Platform solely for the purposes of availing the Services, and only as per these Terms of Use. You shall not modify any content on the SHPL Platforms or reproduce, display, publicly perform, distribute, or otherwise use such content in any way for any public or commercial purpose or for personal gain.


• You agree to use the Software and Services only for specified purposes that are permitted as per (a) the Terms of Use and (b) any applicable law, regulation and generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from India or other relevant countries).


• You may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit the SHPL Platform or any portion of it unless expressly permitted by SHPL in writing.


• You will be solely responsible for all access to and use of this site by anyone using the password and identification originally assigned to you whether or not such access to and use of this site is actually authorized by you, including without limitation, all communications and transmissions and all obligations (including, without limitation, financial obligations) incurred through such access or use. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you.


• You will not engage in any activity that interferes with or disrupts or damages the Software (or the servers and networks which are connected to the Software). SHPL reserves the right to initiate appropriate action against you for breach or threatened breach of your obligations under this clause.


• You may not make any commercial use of any of the information provided on the SHPL Platform You shall not impersonate any person or entity, or falsely state or otherwise misrepresent your identity, age or affiliation with any person or entity.


• You may not upload any content prohibited under applicable law, and / or designated as “Prohibited Content” under Section 5.


• You may discontinue the use of these Services and request us to delete any information provided by you, by writing to us at customercare@sunbursthealthcare.co.in.


• You shall indemnify SHPL for any claims, losses or damages, or for the costs of any regulatory or court proceedings suffered by Company as a consequence of your breach of this Agreement.

You agree that you are solely responsible for maintaining the confidentiality of login credentials and passwords associated with any log-in you use to access the Software and store
• your confidential and sensitive information.

SHPL offers its Software and Services on as-is basis. SHPL has the sole right to modify any feature or customize them at its sole discretion and there shall be no obligation to make customization as requested by any User.

• SHPL provides basic support for the Software Services and will use commercially reasonable efforts to make the Software Services available 24 hours a day, 7 days a week, except for (i) technological errors, (ii) planned downtime (of which SHPL shall give at least 6 hours notice to Users), or (iii) any unavailability caused by circumstances beyond SHPL’s reasonable control, including without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labour problems, or internet service provider failures or delays. SHPL takes no responsibility for any disruption, interruption or delay caused by any failure of or inadequacy in any of these limiting factors or any other factor beyond the control of the Company


• SHPL may provide a free facility of uploading health information on the Website and its mobile application ‘Sunburst Viva’. The Health Vault may include information provided by you through your use of the Software.


• SHPL may, at its sole discretion, suspend your ability to use or access the Software at any time while SHPL investigates complaints or alleged violations of this Agreement, or for any other reason.


• SHPL reserves the right to add new functionality, remove existing functionality, and modify existing functionality to its Software as and when it deems fit, and make any such changes available in newer versions of its Software or mobile application or all of these at its discretion. You will be notified upon release of such newer versions and SHPL reserves the right to automatically upgrade you to the latest version of its Software as and when it deems fit.

We reserve the right to refuse service or terminate accounts at our discretion, if we believe that you have violated or are likely to violate applicable law or these Terms and Conditions.

4. PROHIBITED CONTENT

You shall not upload host, display, modify, transmit, update or share any information or to, distribute, or otherwise publish through the SHPL Platforms the following Prohibited Content, which includes any content, information, or other material that:

• belongs to another person and which you do not own the rights to;
  
is harmful, harassing, blasphemous defamatory, obscene, pornographic, pedophilic, invasive of another’s privacy.

• is hateful, racially or ethnically objectionable, disparaging of any person relates to or seems to encourage money laundering or gambling, harm minors in any way;
  
• infringes any patent, trademark, copyright or other proprietary rights;
• violates any law in India for the time being in force;
• deceives or misleads the addressee about the origin of your message;
• communicates any information which is grossly offensive or menacing in nature;
• impersonates another person;
  
• contains software viruses any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource and malicious programs;
  
• threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order;
  
• incites any offence or prevents investigation of any offence or insults any other nation. circumventing or disabling any digital rights management, usage rules, or other security features of the Software;
  
• copying or duplicating in any manner any of the SHPL content or other information available from the Software;
  
You also understand and acknowledge that if you fail to adhere to the above, we have the right to remove such information and / or immediately terminate your access to the Services and / or to the SHPL Platforms.

5. LIMITATION OF LIABILITY

By using our Services, you confirm that you understand and agree to the following:

• The services availed by you from a healthcare service provider (“HSP”) (which inter alia include doctors/ hospitals/ clinics/ diagnostic laboratories/attendants, nurses, physiotherapists, nutritionists, psychologists and others) via Sunburst Viva App are provided to you by the HSP you select, and not by SHPL.
  
• SHPL makes no express or implied representations or warranties about its Software or Services and disclaims any implied warranties, including, but not limited to, warranties or implied warranties of merchantability or fitness for a particular purpose or use or non-infringement. Company does not authorize anyone to make a warranty on behalf of SHPL.
  
SHPL only facilitates communications between you and the HSP and bears no responsibility for the quality and outcome of any such services obtained by you from the respective HSP.

SHPL may or has entered into Agreement with various HSP’s, engaged in the healthcare services on principal to principal basis without any fiduciary relationship and shall not be directly or indirectly responsible for any act or omission of such HSP’s. Users are requested to make independent enquiries and assessments and rely on professional advice independently obtained before availing any service from any HSP.

• SHPL does not provide any medical or diagnostic services. If you receive any medical advice from a HSP you have contacted through SHPL, you are responsible for assessing such advice, the consequences of acting on such advice, and all post-consultation follow-up action, including following HSP’s instructions.


• In the event that SHPL markets or promotes any Services to you, please note that such Services will be provided by the relevant HSP, and you are responsible for undertaking an assessment regarding the suitability of such Services and such HSPs for your purposes. Marketing or promotion of Services should be considered as being for informational purposes only and does not constitute expert advice on the suitability of such services for your specific healthcare needs.


• In no event, SHPL or its affiliates will be liable to you for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages arising out of or relating to: (i) these Terms and Conditions and Privacy Policy; (ii) your use or inability to use the SHPL Platforms; (iii) your use of any third party services including services provided by any HSP you contacted through SHPL.


• SHPL does not control or endorse the content, messages or information found in any services provided by HSPs and merely acts as an aggregator/facilitator. Therefore, we specifically disclaim any liability with regard to the products and services offered by HSPs and any actions resulting from your participation in such products and services, and you agree that you waive any claims against SHPL relating to same, and to the extent such waiver may be ineffective, you agree to release any claims against SHPL relating to the same.

This section shall survive the termination of this agreement and the termination of your use of our Services.

6. DATA & INFORMATION POLICY

We respect your right to privacy in respect of any personal information provided to us. To see how we collect and use your personal information, please see our Privacy Policy. The Privacy Policy is by necessary implication part of this Terms and Conditions and the clauses therein are not repeated here for the sake of brevity.

7. INTELLECTUAL PROPERTY AND OWNERSHIP

• You recognize and agree that all copyright, registered trademarks and other intellectual property rights on all materials or contents provided as part of the SHPL Platforms belong to us at all times or to those who grant us the license for their use.


• No use of the Intellectual Property of the Company or third party which Company has a right to use may be made without the prior written authorization of SHPL.

8. OTHER CONDITIONS

• Pricing and Payment


• Price for usage rights of the Software shall be as decided by the Company from time to time. Payment must be made in advance or as agreed with the Company.


• SHPL may add new Software for additional fees and charges or may proactively amend fees and charges for existing Software, at any time in its sole discretion.


• You agree that the billing credentials provided by you for any purchases from SHPL will be accurate and you shall not use billing credentials that are not lawfully owned by you.


• You agree to pay all fee and other charges along with applicable taxes towards Software or any Service. The fee payable may be dependent on the Plan that you decided to purchase and on any additional usage beyond limitations of Plans. Fee once paid is non-refundable.


• The payment process would be considered to be complete only on receipt of the fees into SHPL’s designated bank account.


• Fee is payable on due date without any responsibility on SHPL to send reminders for any Fee due and payable. Fees not received within the specified due dates attract late charges of 18% per annum from the due-date of payment, and any such charges may be levied at SHPL’s sole discretion.


• SHPL reserves the right to modify the fee structure by providing a 30 (thirty) days’ prior notice.
• In order to process the fee payments, SHPL might require details of your bank account, credit card number and other such financial information. Please see Privacy Policy of SHPL on how company handles financial information.


• You can cancel your access to the Software by contacting us by email or any other mode of communication with the Company. One-time set-up fees, if any, charged by the Company shall not be refunded.


• SHPL will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Software, or parts thereof, except that you are entitled to a pro-rated refund for the remaining period of subscription as of the date of termination or upon the expiry of 45 (forty five) days from the date of your written notice to SHPL.


• The subscription fees are non-transferable and the payment made to the Company for a particular Software or Service cannot be transferred or carried over to another Software or Service.


• Accuracy of Information Displayed


• We have made every effort to display, as accurately as possible, the information provided by the relevant third parties including HSPs. However, we do not undertake any liability in respect of such information and or with respect to any other information in regard to which you are capable of conducting your own due diligence to ascertain accuracy.


• Company does not undertake any liability in respect of any information with respect to which you are capable of conducting your own due diligence to ascertain accuracy.

9. THIRD PARTY LINKS AND RESOURCES

• Where any of the SHPL Platforms contain links to other sites and resources provided by third parties (including where our social media sharing plug-ins include links to third party sites), these links are provided for your information only. We have no control over the contents of those websites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.


• SHPL lists HSP information on its Software Services as per information provided by respective HSP. The information listed is displayed when you search for any HSP on the SHPL Software, and this information listed on the Software may be used by you to request for appointments. Such information on the Software may continue to appear even after the HSP in any way discontinues its relationship with SHPL. Company does not provide any ranking algorithm in relation to the listing made on its Software. Further, SHPL does not provide any advertising services for the HSPs. And merely lists them for information purposes; you are advised to undertake your own due diligence regarding such HSPs. SHPL reserves the right to list HSP’s who are not party to this Agreement and the HSP’s who have subscribed to this Terms of Use are listed along with them. Company reserves the right to modify the listing of HSP on its Software.


• SHPL disclaims any responsibility and shall not be liable for ways in which your data is used by HSP’s and other authorized users of Software. It is the responsibility of the respective HSP alone with whom your data has been shared with your consent, to ensure that your data is used in compliance to applicable data privacy laws and as per your mandate. The Software of SHPL may be linked to the services of third parties, affiliates and business partners. SHPL has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such third party services. Inclusion of any link on the Software should not be deemed to imply that SHPL endorses the linked site. You may use the links and the third party services at your own risk, choice and preference.

10. EVENTS BEYOND OUR CONTROL

We will not be liable for any non-compliance or delay in compliance with any of the obligations we assume under any contract when caused by events that are beyond our reasonable control (“Force Majeure”). Force Majeure shall include any act, event, failure to exercise, omission or accident that is beyond our reasonable control, including, among others, the following:

• Strike, lockout or other forms of protest


• Civil unrest, revolt, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or preparation for war.


• Fire, explosion, storm, flood, earthquake, collapse, epidemic or any other natural disaster.


• Inability to use public or private transportation and telecommunication systems.


• Acts, decrees, legislation, regulations or restrictions of any government or public authority including any judicial determination.


• Our obligations deriving from any contracts should be considered suspended during the period in which Force Majeure remains in effect and we will be given an extension of the period in which to fulfil these obligations by an amount of time we shall communicate to you, not being less than the time that the situation of Force Majeure lasted.


• For change in law specifically, we reserve our rights to suspend our obligations under any contract indefinitely, and / or provide Services under revised Terms and Conditions.

11. APPLICABLE LEGISLATION AND JURISDICTION

The use of our website and the product purchase contracts through said website shall be governed by the laws applicable in India. Any dispute relating to the use of our Services shall be subject to the exclusive jurisdiction of the Indian Courts at Pune.

12. LIMITATION OF LIABILITY

• In no event, including but not limited to negligence, shall SHPL, or any of its directors, officers, employees, agents or content or service providers (collectively, the “Protected Entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Software or the content, materials and functions related thereto, even if such Protected Entity has been advised of the possibility of such damages. In no event shall the Protected Entities be liable for or in connection with any content posted, transmitted, exchanged or received by you or on your behalf on or through the Software.


• Notwithstanding anything contained herein, in no event shall the total aggregate liability of the Protected Entities for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from the Terms and Conditions or your use of the Software exceed, in the aggregate Rs. 1000/-.


• In no event shall the Protected Entities be liable for failure on the part of the HSP’s to provide agreed Services or to make himself/herself available at the appointed time, cancellation or rescheduling of appointments. In no event shall the Protected Entities be liable for any comments or feedback given by any of the HSP’s in relation to the Services provided by HSP. The Protected Entities and the SHPL shall not be liable for any act or omission of any other company or companies furnishing a portion of the Service, or from any act or omission of a third party.

13. INDEMNITY

You agree to indemnify and hold harmless SHPL, its affiliates, group companies, associates, subsidiaries, joint ventures, officers, directors, employees, consultants, licensors, agents, and representatives from any and all claims, losses, liability, damages, and/or costs (including, but not limited to, reasonable attorney fees and costs) arising from or related to (a) your use of the Subscription Services; (b) your violation of these Terms of Use or any applicable law(s); (c) your violation of any rights of another person/ entity, including infringement of their intellectual property rights; or (d) your conduct in connection with the App / Website.

14. TERM, TERMINATION & DISPUTES

• This Agreement will remain in full force and effect for using any of the Services or Software in any form or capacity.


• You can request for termination of your relationship with SHPL at any time by providing 30 (thirty) days’ prior written notice to SHPL. During this 30-day period, SHPL will investigate and ascertain the fulfilment of any ongoing Services or pending dues related to Software or any other fees payable by you. The User shall be obligated to clear any dues with SHPL for any of its Software or Services which you have procured. SHPL shall not be liable to you or any third party for any termination of your access to the Software and/or the Services.


• SHPL reserves the right to terminate any account in cases:


• You breach any terms and conditions of this Agreement or Privacy Policy;


• SHPL believes in its sole discretion that your actions may cause legal liability for the Company or are contrary to the interests of the Company.


• Once temporarily suspended, indefinitely suspended or terminated, you may not continue to use the Software under the same account, a different account or re-register under a new account, unless explicitly permitted by SHPL. On termination of an account due to the reasons mentioned herein, you shall no longer have access to data, messages, files and other content kept on the Software. You shall ensure that you maintain continuous backup of any content, data or information provided by you on the Software, in order to comply with your record keeping process and practices.


• Return of User’s Data: Upon request by You within 30 (thirty) days after the effective date of termination of Software Services due to non-payment, SHPL will make available to you for download a copy of your data in such mode and manner as the Company may decide. After such 30 (thirty) days period, SHPL shall have no obligation to maintain or provide any of such data and shall thereafter, unless legally prohibited, delete all your data in its systems or otherwise in its possession or under its control. In cases where you terminate the subscription voluntarily, it will be your sole responsibility to make a copy of your data before terminating the subscription.


• Even after termination, certain obligations as mentioned herein above or evident from their very nature to have been intended to survive will continue and survive termination.


• Even after termination the Agreement shall continue to be applicable for any cause of action that has arisen directly or indirectly on account of your usage of the Software or the Services provided by the Company.


• Any Promotions and Rewards are available at the sole discretion of SHPL and subject to changes as deemed fit by SHPL, without any prior notice to the Participant.


• A Customer can qualify only once for the Promotion during such Offer Period. For the avoidance of doubt, it is hereby clarified that a Customer will be eligible for only one Reward during the Offer Period.
• Participating in this Promotion is voluntary and the Customer is not bound to participate in this Promotion. There is no compensation for non-participation in the Promotion under any circumstances whatsoever.


• Images of the Product and/or Reward shown on email, SHPL’s website or any other website or any other advertisement material whatsoever, are for representational purpose only. Notwithstanding anything contained in the Promotion or these terms and conditions, any images, representations etc. and all intellectual property rights pertaining thereto which belong to any third party, shall continue to vest with such party and by using such images, representations etc., SHPL in no way claims any right whatsoever relating to such intellectual property.


• Where the Winner/Customer has provided any incorrect information at the time of registration for the Promotion and/or at the time of collecting his/her Reward, then his/her selection is subject to cancellation without notice, at the sole discretion of SHPL.


• This Promotion cannot be combined with any other offer/discount/promotion of SHPL, unless explicitly permitted by SHPL under any other offer/discount/promotion of SHPL All applicable taxes, fees and levies (excluding ‘gift’ tax or tax deducted at source, where applicable) will need to be solely paid by the Customer(s).


• The tax deducted at source in respect of the Reward, where applicable, shall be paid by SHPL. Nothing herein amounts as a commitment by SHPL to provide further or similar schemes or offers. SHPL is not a manufacturer/supplier/provider of the Products purchased by Customer and will not accept any liability in relation thereto. Accordingly, SHPL shall not be responsible for the quality, merchantability or the fitness for any purpose or any other aspect of the Products/Reward provided by any third party. Notwithstanding anything herein, SHPL shall not at any time be responsible or held liable for any loss, injury, damage or harm suffered by participating Customer or in connection with the Products or Reward. Disputes, if any, regarding the Products/services under the Promotion must be addressed in writing, by the participating Customer directly to the SHPL shall not entertain any other mode of communication in this regard.


• SHPL’s decision on all matters relating to the Promotion will be at its absolute discretion and will be final and binding on all participants.


• SHPL reserves the right to revise these terms, modify or withdraw this Promotion at any time without prior notice or reason. These terms and conditions prevail over the contents of any brochure or other promotional material advertising the Promotion.


• SHPL, its group entities/ affiliates or their respective directors, officers, employees, agents, vendors, etc., shall not be liable for any loss or damage whatsoever that may be suffered, or for any personal injury that may be suffered by a Customer, directly or indirectly, including for reasons arising out of use or non-use of Product(s) and/or Rewards or participation under this Promotion.


• SHPL shall not be liable for termination or delay of the Promotion or the Rewards forming part of the Promotion due to any force majeure event and will not be liable for any consequences. The Promotion is non-transferable and non-negotiable and cannot be encashed under any circumstance whatsoever.


• These terms and conditions shall be governed by the laws of India. All disputes if any arising out of or in conjunction with or as a result of this Promotion or otherwise relating hereto shall be subject to the exclusive jurisdiction of the competent courts in Pune only. The existence of a dispute, if any, shall not constitute a claim against SHPL.


• This Promotion is subject to Indian laws, rules and regulations as may be applicable and any disputes in regard to the reward/promotion and the matters related to terms and conditions mentioned herein shall be subject to exclusive jurisdiction of courts situated at Pune, Maharashtra..


• The Customers agree to be bound by the terms and conditions contained herein. Without a Customer being required to do any further act, the Customers shall be deemed to have read, understood and unconditionally accepted the terms and conditions mentioned herein.