Last updated on September 02, 2018

1. ACCEPTANCE OF TERMS

Thank you so much for choosing YugYugJiyo.com. YugYugJiyo.com exists to improve your healthcare experience, and we hope you will make great use of our service. These terms of use constitute a legally binding agreement between you and the Company regarding your use of the web site i.e https://yugyugjiyo.com (the "Website") including but not limited to delivery of information via the Website, any mobile or internet connected device or otherwise (the "Service"). These terms of use (the "Terms of Use"), together with our Privacy Policy govern your use of the Services, both as a non-registered user and as a registered user. by using or otherwise accessing the services, and/or registering with us, you agree to bound by these terms of use.

This agreement is an electronic record in terms of the Information Technology Act, 2000, and rules there under, as applicable, and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

You are allowed to use our Services only if you are agreeing to these terms and concluding a legally binding contract with YUGYUGJIYO. These terms and conditions apply to everyone who uses YugYugJiyo.com's Services and they govern the relationship between YugYugJiyo.com and our users during their use of YugYugJiyo.com's Services. You may not use the Services if You do not accept the Terms or unable to be bound by the Terms.

Please note that we offer the Services "as is" and "as available" basis, and without warranties. If you are registering an account or using the Services on behalf of an individual or entity other than yourself, you represent that you are authorized by such individual or entity to accept this Agreement on such individual's or entity's behalf.

2. DEFINITIONS

2.1. "You", "Your" and "Yours", "Users" are references to You the person or the patient or patient's kin accessing this Website for the purpose of appointment booking (doctor consultation, hospitalization, OPD investigation and health check-up), fixed/estimated surgery package request posting, hospital promotional package booking, sharing, displaying, hosting, publishing, transacting, or uploading health records or views or pictures and includes other persons jointly participating in using the Services or otherwise.

2.2. "We", "Us", "Our", and "YugYugJiyo.com" are references to the Company.

2.3. "Participating Hospital(s)" is a third party (whether a Hospital or a Nursing Home), which has already listed on the Website and agreed to co-operate with us to provide healthcare services with full responsibility.

2.4. "Service" or "Services" is a reference to any service which we may provide and which you may request via our Website or any other channel and shall include the provision of following facilities:

• (i) Service to the users who wishes to search hospitals by name, speciality, procedure and geographical location, or any other criteria that may be developed and made available by YugYugJiyo.com and explore hospitals to view details information, images, doctors' list, available procedures, facilities, packages and other user's reviews;
• (ii) Service to the users who wishes to book an appointment for doctor consultation, hospitalization, OPD investigation and health check-up at our Participating Hospital;
• (iii) Service to the users who wishes to post their medical reports, prescription, contact details for requesting fixed/estimated surgery package to Participating Hospitals by choosing "Add to Carelist" feature and booking of a package for pre-hospitalization appointment and hassle-free admission via YugYugJiyo.com and its internet links;
• (v) Service to the users who wishes to book hospital promotional health packages at YugYugJiyo.com;
• (iv) Service to the users who wishes to upload their or their family's health records on YugYugJiyo.com's PinkPad to keep track and monitor of their health records from anywhere, anytime;
• (v) Service to the users who wishes to insert advertisements at YugYugJiyo.com;
• (vi) Service to the users who wishes to receive advertisements and promotional messages from YugYugJiyo.com through email and SMS;

2.5. "PinkPad" is a YugYugJiyo.com's free health account facility for users in which users can upload medical reports, prescriptions and store health vitals of their own or dependents' (family) to kep track from anywhere, anytime and receive hospital reports online. Users may also subscribe for "PinkPin" to get daily health tips, health news, health events schedule, HealDeals, Hospital offers etc. through email and/or on SMS.

2.6. "Content" will include (but not limited to) any of the following viz. text, images, photos, audio, video, location data, nearby places, and all other forms of information or data. "Your content" or "User Content" means content that you upload, share or transmit to, through or in connection with the website, such as likes, ratings, reviews, images, photos, messages, profile information, medical details and any other materials that you publicly display or displayed in your account profile. "Our content" means content that YugYugJiyo.com creates and make available in connection with the Services including, but not limited to, visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate ratings, reports and other usage-related data in connection with activities associated with your account and all other elements and components of the Services excluding your Content and third party content. "Third Party Content" means content that comes from parties other than YugYugJiyo.com or its users and available on the website.

3. CHANGES TO THE TERMS

As the Services may change from time to time or discontinue, YugYugJiyo.com may vary or amend or change or update these Terms of Use from time to time entirely at its sole discretion. You shall be responsible for checking these Terms of Use from time to time and ensure continued compliance with these Terms. Your use of Site, post any such amendment or change in the Terms of Use shall be deemed as your express acceptance to such amended / changed terms and you also agree to be bound by such changed/amended Terms of Use.

4. PROVISION OF OUR SERVICES

YugYugJiyo.com is constantly evolving in order to provide the best possible healthcare experience and information to its users. You acknowledge and agree that the form and nature of the services which YugYugJiyo.com provides may require effecting certain changes in it, therefore YugYugJiyo.com reserves the right to suspend / cancel, or discontinue and change any or all products or services at any time without notice, make modifications and alterations in any or all of its contents, products and services contained on the site without any prior notice.

You acknowledge and agree that if YugYugJiyo.com disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.

You acknowledge and agree that while YugYugJiyo.com may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services, such fixed upper limits may be set by YugYugJiyo.com at any time, at YugYugJiyo.com's discretion.

No Medical Emergency:

Do not use the Services for emergency medical needs. If you are an user facing a medical emergency (either on your or a another person's behalf), please contact an ambulance service or hospital directly.

We Do Not Provide Medical Service and Advice or Medical Practitioner:

The Content that you obtain or receive from YugYugJiyo.com, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise through the Services is for informational, scheduling purposes only. All medical related information, including but not limited to information shared via YugYugJiyo.com's PinkPad / PinkPin, the YugYugJiyo.com blog, YugYugJiyo.com official social channels, YugYugJiyo.com emails, SMS, YugYugJiyo.com advertising comes from independent healthcare professionals or Participating Hospitals for information purposes only. As a User, you understand that, YugYugJiyo.com 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 or hospitalization between the User and the Participating Hospital or their Medical professionals.

THE CONTENT, WHETHER SUCH CONTENT IS PROVIDED BY OR THROUGH THE USE OF THE SERVICES OR THROUGH ANY OTHER COMMUNICATIONS FROM YUGYUGJIYO.COM, IS NOT INTENDED AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL ADVICE, MEDICAL SERVICE FROM A QUALIFIED MEDICAL PRACTITIONER OR HOSPITAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE SITE. YOUR USE OF THE CONTENT IS SOLELY AT YOUR OWN RISK. NOTHING STATED OR POSTED ON THE SITE OR AVAILABLE THROUGH ANY SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE, DENTISTRY, NURSING, OR OTHER PROFESSIONAL HEALTH CARE ADVICE, OR THE PROVISION OF MEDICAL CARE.

WE DO NOT RECOMMEND ANY SPECIFIC PARTICIPATING HOSPITAL, MEDICAL TESTS, DOCTORS, PROCEDURES, OPINIONS, OR OTHER INFORMATION THAT MAY APPEAR THROUGH THE SERVICES. IF YOU RELY ON ANY CONTENT PROVIDED THROUGH THE SERVICES, YOU DO SO SOLELY AT YOUR OWN RISK. YOU ARE STRONGLY ADVISED TO PERFORM YOUR OWN INVESTIGATION PRIOR TO SELECTING A PARTICIPATING HOSPITAL AND DOCTOR. WE CAN ONLY ASSIST YOU TO FIND A PARTICIPATING HOSPITAL IN MANAGING YOUR MEDICAL NEEDS.

No Hospital/Doctor Patient Relationship:

NO HOSPITAL/DOCTOR PATIENT RELATIONSHIP IS CREATED BY USING THE CONTENT, WHETHER SUCH CONTENT IS PROVIDED BY OR THROUGH THE USE OF THE SERVICES OR THROUGH ANY OTHER COMMUNICATIONS FROM YUGYUGJIYO.COM INCLUDING, BUT NOT LIMITED TO, YUGYUGJIYO.COM'S "SEARCH HOSPITAL" FEATURE, BOOK AN APPOINTMENT, ADD TO CARELIST, PINKPAD, YUGYUGJIYO BLOG, OFFICIAL SOCIAL CHANNELS, EMAILS OR SMS, LINKS TO OTHER SITES OR ANY ASSISTANCE WE MAY PROVIDE TO HELP YOU FIND AN APPROPRIATE HEALTHCARE PROVIDER OR HOSPITAL IN ANY FIELD.

Appointment Booking and Carelist Posting:

The booked appointment for doctor consultation, hospitalization, OPD investigation and health check-up on YugYugJiyo.com is confirmed by your selected Hospital. While YugYugJiyo.com will try to ensure a confirmed appointment for a user who booked an appointment on Website, YugYugJiyo.com does not guarantee that a patient will get a confirmed appointment. After getting your booking confirmation from your selected hospital YugYugJiyo.com will inform you on your YugYugJiyo's account and/or on SMS and/or in your email. Further, YugYugJiyo.com has no liability if such appointment is confirmed but later cancelled or rescheduled by Participating Hospital, or the services of Participating Hospital or the particular doctors of Participating Hospital are not available as per the given appointment date and time. In that case YugYugJiyo.com will inform you and try to reschedule your appointment.

All fixed/estimated surgery packages of your posted Carelist by adding maximum five (5) Participating Hospitals on YugYugJiyo.com is provided by your added Hospitals. While YugYugJiyo.com will try to ensure a easy, hassle-free package getting process and admission-discharge process, YugYugJiyo.com does not guarantee that a patient will get a fixed/estimated surgery package, hassle-free admission-discharge process surely as the medical science is very complex and the Participating Hospital may have a very busy schedule or their own policy.

YugYugJiyo.com receives requests from Users for contacting the Participating Hospitals directly and exchanging information, health records between user and Participating Hospitals after submission of user's details on YugYugJiyo.com which is stored and used in accordance with the Privacy Policy.

YugYugJiyo.com has no control or concern with the registration fees, bed charges, cost of investigations and health check-up packages of the Participating Hospitals and consultation fees of their associate medical professional displayed on the website. All rates are subject to change without prior notice.

The total package cost and inclusions of any estimated surgery package of your carelisted Participating Hospital, which is informed by YugYugJiyo.com is not fixed. It may vary according to user's health condition. Any modifications in the package should be agreed upon between you and the Participating Hospital. In that case YugYugJiyo.com will not be liable. But if your carelisted Participating Hospital will provide a fixed surgery package and display on YugYugJiyo.com, that means the total package cost and inclusions is fixed and if any other inclusion is required, that will not be charged.

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 Participating Hospitals. You shall not hold YugYugJiyo.com responsible for any such interactions and associated issues. For avoidance of doubt, YugYugJiyo.com is not involved in providing any healthcare or medical advice or diagnosis and hence is not responsible for any outcome between you and the Participating Hospitals You interact with, pursuant to any interactions on the Website. If you decide to engage with a Participating Hospital to provide medical services to you, you do so at your own risk. YugYugJiyo.com shall not be responsible for any breach of service or service deficiency by any Participating Hospital. We cannot assure or guarantee the ability or intent of the Participating Hospital(s) to fulfill their obligations towards you. We advise you to perform your own investigation prior to selecting a Participating Hospital.

Without prejudice to the generality of the above, YugYugJiyo.com will not be liable for:

(i) death of patient, permanent / temporary disablement of the patient during treatment at Participating Hospital(s).

(ii) any inappropriate investigation and/or wrong medication and/or wrong treatment being given by the Participating Hospital(s) or their associate medical professional, or any medical negligence on part of the Participating Hospital(s);

(iii) any type of inconvenience suffered by the User due to a failure on the part of the Participating Hospital to provide agreed services or to make services available at the appointed time, inappropriate treatment, or similar difficulties;

(iv) any misconduct or inappropriate behavior by the authorized associates, medical practitioners or staff of any Participating Hospital.

(v) cancellation or rescheduling of booked appointment or any variance in the fees charged;

(vi) any medical outcomes that might occur subsequent to using the services of a Participating Hospital, which the User has selected on the basis of the information available on the Website or in which the User has booked an appointment through the Website.

(vii) any ratings, reviews or comments given by any of the users in relation to the services provided by Participating Hospital(s). All such reviews should be made in accordance with applicable law. The option of Users to give rate & review remains at YugYugJiyo.com's sole discretion and may be modified or withdrawn at its sole discretion. YugYugJiyo.com may moderate such review at any time. YugYugJiyo.com shall not be obliged to act in any manner to give effect to the content of Users' review, such as suggestions for delisting of a particular Participating Hospital from the Website.

In-Person Appointment Cancellation:

If you are not likely to avail the services in the hospital due to any reason, please cancel the appointment online one (1) hour prior to the schedule by clicking "Manage Appointment" on your YugYugJiyo profile-appointments section. If not done, you will have one last chance to book an appointment and after that you will not be allowed to book any appointment for the next 30 days.

Payments:

We are not accepting any payment online/offline from you for appointment (in-person) booking or any other healthcare services of the Participating Hospitals. You pay the bill yourself at Participating Hospital with their available payment method.

YugYugJiyo.com reserves the right to charge a subscription fee and/or booking fee and/or convenience fee and/or cancellation fee from a user, by giving reasonable prior notice, in respect of any product, service or any other aspect of this site anytime in future.

Creating PinkPad:

YugYugJiyo.com provides users a free facility health account known as "PinkPad" on the Website. The specific terms relating to such account are, without prejudice to the rest of these Terms and the Privacy Policy-

(i) A PinkPad for yourself is automatically created when you sign up and explicitly accepted these Terms;

(ii) Health information, lab reports available in your PinkPad is stored and uploaded by you and/or Participating Hospital(s) and/or our representatives;

(iii) It is your responsibility to keep health vitals (health history, medication, BMI, BP & pulse, blood glucose, allergy, immunization, child vaccination etc.), contact details (mobile or email) updated in the PinkPad. Every time you change or update any health records and contact details (mobile or email), we will send a confirmation. YugYugJiyo.com is not responsible for any loss or inconvenience caused due to your non-updation of your health vitals and contact details for the PinkPad.

(iv) If You want to create and access your dependents' PinkPad through Your YugYugJiyo profile, you are deemed to be responsible for the medical reports, health vitals of your dependents and all obligations that your dependents would have had they maintained their own separate individual PinkPad.

(v) YugYugJiyo.com uses industry-level security and encryption to your PinkPad. However, YugYugJiyo.com cannot guarantee prevent unauthorized access if you lose your login credentials or they are otherwise compromised. Please safeguard your login credentials and report any actual suspected breach of account to pinkpad@yugyugjiyo.com

Verified Participating Hospitals :

YugYugJiyo.com uses reasonable efforts to ensure that Hospitals only participate in the Services if they hold all active licenses required by law to treat patients of the services offered by them. YugYugJiyo.com may exclude Participating Hospital which, in YugYugJiyo.com's discretion, has engaged in inappropriate or unprofessional conduct.

5. VIDEO CONSULTATION AND REFUND POLICY

You acknowledge that the Hospital(s) or Doctor(s) enlisted with us are independent contractors and thereby YugYugJiyo has an independent contractor relationship with such Hospital(s) or Doctor(s) and therefore in no event YugYugJiyo will be directly or indirectly liable for any advice or medical consultancy or any loss arising therefrom that the Hospital(s) or Doctor(s) may provide to You or You may avail as part of the Services.

You acknowledge that the e-prescription (not a valid prescription under applicable law(s) of India) or any form of prescription (whether original or scanned copy of the original prescription) which may be issued by the Hospital(s) or Doctor(s) for facilitation of medicine orders, then we will only act as an aggregator and assume no responsibility and/ or liability in relation to the dispensation of the medicines.

No Refund of Consultation Fee:

You acknowledge that Online Payment charged by the Hospital(s) or Doctor(s) for facilitation of consultation is understanding between you and the Hospital(s) or Doctor(s) and we will only act as an aggregator and assume no responsibility and/ or liability to refund the full/partial payment or adjust the payment with next appointment.

6. ELIGIBILITY TO USE THE SERVICES

You must be 18 years of age or over, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, to register with us or use the Site and the Services. If you are between the ages of 13 and 18 or the applicable legal age in your jurisdiction, you can use the Site or Services only under the supervision of your parent or guardian who has agreed to the Terms of Use. If you are under the age of 13, you may not use the Site or Services. If you are the parent or legal guardian of a child under the age of 13, you may use the Site or Services on behalf of such minor child. By using the Site or Services on behalf of a minor child, you represent and warrant that you are the parent or legal guardian of such child and that all references in these Terms of Use to "you" shall refer to such child or such other individual for whom you have authorization to enter into these Terms of Use on their behalf, and you in your capacity as the parent or legal guardian of such child or as the authorized party of such individual. If you do not qualify under these terms, do not use the Site or Services. By using the Site and/or the Services, you represent and warrant that you have the right, authority, and capacity to enter into these Terms of Use and to abide by all of the terms and conditions set forth herein. The Site is administered in the India and intended for Indian users; any use outside of the India is at the users own risk and users are responsible for compliance with any local laws applicable to their use of the Services or the Website.

7. REGISTRATION

YugYugJiyo.com may require that you register in order to use some or all of the features offered by the Services. We may, in our sole discretion, permit or deny your registration. Once we permit you to register with the Website, you agree and undertake to access the Website only using the unique username (mobile or email) and password, as amended by you from time to time, associated with your registration. You will be solely responsible for maintaining the confidentiality of such password and agree that the password is intended for use solely by you. You must immediately notify us if your password has been stolen or compromised by sending an email to pinkpad@yugyugjiyo.com. We may permit you to register with the Website using your Facebook or Google account. If you complete your Registration via Facebook or Google+ all applicable Facebook and Google+ terms of use and any changes to the same shall apply to you in addition to these Terms of Use.

In creating a profile or contacting hospital, you represent to us that all information provided to us in such process is true, accurate and correct, and that you will update your information as and when necessary in order to keep it accurate. You may not impersonate someone else, create or use a profile for anyone other than yourself, provide an email address and mobile number other than your own, create multiple profiles except as otherwise authorized by us, or provide or use false information to contact hospital on the Services.

You may not register in order to use some of the features offered by the Services, including without limitation to 'contact hospital' on the Services. Use of any personal information you provide to us during the contacting hospital process is governed by our Privacy Policy.

By creating a profile, you agree to receive certain communications in connection with the Site or Services. For example, you might receive verification SMS, notification and appointment confirmation message, carelist details, published reviews, comments or friend requests from other Users on SMS and/or in email. You will occasionally receive e-mail and SMS updates from us about new YugYugJiyo services in your area, any promotional offers like our healdeals, coupons, hospital offers, daily health tips, health events and other noteworthy items. We hope you will find these updates interesting and informative. If you wish not to receive them, please click on the "unsubscribe" link or follow the instructions in each email message or you can manage your preferences regarding non-essential communications through profile settings.

8. YOUR PERSONAL INFORMATION

In order to register, you must provide certain basic information about yourself. Also, you may opt to voluntarily share additional information in order to benefit from all the Services we provide. Our Privacy Policy details how we may use, share and maintain your information, which may include without limitation your name, gender, date of birth, age, address and contact information; health insurance information; medical history, present health condition and current needs; billing information; and other information that is either requested by YugYugJiyo.com or voluntarily provided ("Patient Details"). By submitting such information, you authorize YugYugJiyo.com, its employees, agents and others operating on its behalf to use and/or disclose such information in accordance with our Privacy Policy. Please review the Privacy Policy carefully, as your use of the Services constitutes your agreement to it.

If you elect to store and upload health records, medical reports and prescription into a PinkPad on behalf of yourself or your dependents from whom you have authorization to provide such records, on your request you authorize us to provide such records to the specified Participating Hospital. You acknowledge and agree that such records will be reviewed and approved by you or someone authorized by you at the time of your appointment booking, hospitalization package requesting to ensure its accuracy. You also acknowledge that YugYugJiyo.com may use the data or records you provide on a PinkPad in accordance with our Privacy Policy.

From time to time, when you call us we may wish to record those phone calls for quality assurance and customer satisfaction purposes. In those jurisdictions where consent is required in order for a party to record any telephone call, you consent for us to record your call when you call us.

9. CONTENT

You are solely responsible for any messages, reviews, ratings, text, health records, photos, videos, graphics, code, or other information, content or materials that you post, submit, publish, display or link to through the Services or send to other YugYugJiyo.com users. YugYugJiyo.com does not approve, control, or endorse your or anyone else's User Content and has no obligation to do so. However, we reserve the right (but assume no obligation) to remove or modify User Content for any reason, at our sole discretion, including User Content that we believe violates our Terms of Use. You agree to provide accurate, complete, current, and truthful information when you add or edit facts about you and your health records or otherwise provide content via the Services.

You agree not to post, submit, publish or link to any User Content or material that infringes, misappropriates, or violates the rights of any third party (including Participating Hospital rights) or that is in violation of any federal, state, or local law, rule, or regulation. You also agree not to post, submit or link to any User Content that is defamatory, obscene, pornographic, indecent, harassing, threatening, abusive, inflammatory, or fraudulent, purposely false or misleading or otherwise harmful.

You agree not to post copyrighted material without permission from the owner of the copyright. This includes, for example, photographs or other content you upload via the Services. You also agree not to disclose confidential or sensitive information. This includes but is not limited to information about neighbors or other information that would potentially be viewed as an invasion of privacy.

You agree to grant YugYugJiyo.com a royalty-free, perpetual, irrevocable, and fully sub licensable license to publish, reproduce, distribute, display, adapt, modify and otherwise use your User Content in connection with our Services. We will not pay you or otherwise compensate you for the content you provide to us.

You understand and agree that any User Content that you post or submit to YugYugJiyo.com may be redistributed through the Internet and other media channels, and may be viewed by the general public.

9.1. Participating Hospital Content :

YugYugJiyo.com collects directly or indirectly and displays on the Website relevant information regarding the profile of the Participating Hospital listed on the Website such as hospital overview, locality, images, user reviews & ratings and available specialities, medical procedures, diagnostics, doctors' list, health check-up packages, surgery packages, facilities, bed types & charges and similar details. Participating Hospital Content is provided by the Participating Hospital and/or hospital staff and collected by our executive or from multiple other data sources including Participating Hospital website. YugYugJiyo.com takes reasonable efforts to ensure that such information is updated at frequent intervals. YugYugJiyo.com does not provides any qualification certificate about any particular Participating Hospital. You are encouraged to independently verify such Content. All information regarding the Participating Hospital's public profile, contact details is collected and listed for the purpose of facilitating interaction between and among Users and Participating Hospitals. If any information displayed on the Website in connection with Participating Hospital is found to be incorrect, you can report by clicking 'Report Error' to inform YugYugJiyo.com immediately to enable YugYugJiyo.com to make the necessary amendments. On a Participating Hospital's request, YugYugJiyo.com may take down any part of such Participating Hospital's public profile on the Website.

9.2. Content Removal :

We reserve the right, at any time and without prior notice, to remove, block, or disable access to any content, for any reason or no reason, consider to be objectionable, in violation of the Terms or otherwise harmful to the Services or our users in our sole discretion. Subject to the requirements of applicable law, we are not obligated to return any of your Content to you under any circumstances. Any review, which is derogatory, defamatory or hateful and without any substantial evidence (e.g. photograph or video) may be taken down at our sole discretion.

9.3. Third Party Content and Links :

Links to third party sites are provided by application as a convenience to user(s) and YugYugJiyo.com has not have any control over such sites i.e content and resources provided by them. YugYugJiyo.com may allow user(s) access to content, products or Services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise) to such Third Party's application. You are cautioned to read such sites' terms and conditions and/or privacy policies before using such sites in order to be aware of the terms and conditions of your use of such sites. YugYugJiyo.com believes that user(s) acknowledge that YugYugJiyo.com has no control over such third party's site, does not monitor such sites, and YugYugJiyo.com shall not be responsible or liable to anyone for such third party site, or any content, products or Services made available on such a site.

9.4. User Reviews and Ratings :

User reviews and ratings do not reflect the opinion of YugYugJiyo.com. YugYugJiyo.com receives multiple reviews with rating by users, which reflect the opinions of the Users. It is pertinent to state that each and every review posted on YugYugJiyo.com is the personal opinion of the user/reviewer only. We are a neutral platform and we don't arbitrate disputes, however in case if someone writes a review that isn't true about the Participating Hospital, the best option for the Participating Hospital representative would be to contact the reviewer or post a public response in order to clear up any misunderstandings.

Users are solely responsible for the review that they choose to submit for publication on the Website, including any feedback, ratings, or reviews ("Critical Review") relating to Participating Hospitals or their authorized medical professionals or hospital staffs. The role of YugYugJiyo.com in publishing Critical Review is restricted to that of an 'intermediary' under the Information Technology Act, 2000. YugYugJiyo.com disclaims all responsibility with respect to the content of Critical Review, and its role with respect to such content is restricted to its obligations as an 'intermediary' under the said Act. YugYugJiyo.com shall not be liable to pay any consideration to any User for re-publishing any content across any of its platforms. You agree that YugYugJiyo.com may contact you through telephone, email, SMS, or any other electronic means of communication for the purpose of resolving any complaints, information, or queries by Participating Hospital regarding your Critical Review and you agree to provide your fullest co-operation further to such communication by YugYugJiyo.com.

YugYugJiyo.com reserves the right to collect review and Critical Review for all the Participating Hospitals listed on the Website. YugYugJiyo.com shall have no obligation to pre-screen, review, flag, filter, modify, refuse or remove any or all Critical Review from any Service, except as required by applicable law.

Reviews may be removed if they are found to be plagiarised, contain abusive language, or are flagged as suspicious by our automated filters. Reviews that are personal attacks on hospital staff or medical professional, or are discriminatory on the basis of race, colour, gender, or nationality may also be removed by our Neutrality team. Exact duplicates, plagiarized photos, promotional content, photos of others posted without their permission, and very unpleasant or ugly photos that ruin people's appetites will be removed altogether without prior notice.

10. PROHIBITIONS OF USE

In relation to the use and access of the Website its content (including review) and features, you agree and undertake not to:

(i) use the services in case of any medical emergency. If You are an user facing a medical emergency (either on your or a another person's behalf), please contact an ambulance service or Hospital directly;

(ii) access data not intended for you or log into server or account that you are not authorized to access;

(iii) "hacks" or accesses without permission our proprietary or confidential records, those of another user, or those of anyone else;

(iv) copy, distribute, download, display, perform, reproduce, modify, edit, alter, enhance, broadcast or tamper with in any way or otherwise use any material contained in YugYugJiyo.com except as permitted;

(v) upload, transmit or publish any information or material which is threatening, abusive, obscene, derogatory (in any form), defamatory or libelous, discriminatory, racially or ethnically objectionable or contains pornography;

(vi) upload, transmit or publish any viruses or other malware to corrupt, interrupt, limit, destroy or otherwise impact the Website, YugYugJiyo.com's computer systems or the computer systems of other users or third party systems;

(vii) upload, transmit or publish anything which you do not have the rights to or any material which infringes on the healthcare rights (in whatever form) of any third party.

(viii) access the Website in any unauthorized manner, including by hacking or using log in credentials of any other user; and use the Website for any unauthorized marketing purposes or for sending any unsolicited materials.

(ix) use the Website in any manner which is not permitted under these Terms of Use or in any manner which is illegal or unethical;

If any of your actions on the Website or materials posted by you on the Website are flagged as inappropriate, YugYugJiyo.com reserves the right to review such actions or content to determine, in our sole and absolute discretion, whether it violates these Terms of Use. If YugYugJiyo.com removes your content or disables your profile and/or access to the Website, you may assume that such removal or disablement was purposeful on the part of YugYugJiyo.com. YugYugJiyo.com may additionally refuse to let you re-register and/or use the features and Services of the Website in our sole discretion.

11. SECURITY

All Personal Information you provide is transmitted using SSL (Secure Socket Layer) encryption. SSL is a proven coding system that lets your browser automatically encrypt, or scramble, data before you send it to us. While YugYugJiyo.com works to protect the security of your content and profile, we cannot guarantee that unauthorized third parties will not be able to circumvent our security measures. Please notify us immediately in the event of any compromise or unauthorized use of your account. You are also responsible for maintaining the confidentiality of your account credentials and for ensuring that only authorized individuals have access to your account. You are responsible for all actions taken or content added through your account.

12. USER FEEDBACK

If you share or send any ideas, suggestions, ratings, changes or documents ("Feedback"), you agree that (i) your Feedback does not contain the confidential, secretive or proprietary information of third parties, (ii) YugYugJiyo.com is under no obligation of confidentiality with respect to such Feedback, (iii) YugYugJiyo.com may have already received similar Feedback from some other user or it may be under consideration or in development, and (iv) By providing the Feedback, you grant us a binding, non-exclusive, royalty-free, perpetual, global license to use, modify, develop, publish, distribute and sublicense the Feedback, and you irrevocably waive, against YugYugJiyo.com and its users any claims/assertions, whatsoever of any nature, with regard to such Feedback.

13. ADVERTISING

Some of the Services are supported by advertising revenue and may display sponsored ads, promos as "Sponsored" listings. These Sponsored listings may be targeted to the content of information stored on the Services, queries made through the Services or other information. YugYugJiyo.com reserves the rights to display Sponsored listings on the Website. Without prejudice to the status of other content, YugYugJiyo.com will not be liable for the accuracy of information or the claims made in the Sponsored listings. YugYugJiyo.com does not encourage the Users to visit the Sponsored listings page or to avail any services from them. YugYugJiyo.com will not be liable for the services of the providers of the Sponsored listings. The manner, mode and extent of Sponsored listings by YugYugJiyo.com on the Services are subject to change without specific notice to you. In consideration for YugYugJiyo.com granting you access to and use of the Services, you agree that YugYugJiyo.com may place such advertising on the Services.

14. RANKING ALGORITHM

YugYugJiyo.com's ranking algorithm for the Participating Hospitals is a fully automated system that lists the Participating Hospital, their profile and information regarding their services on its Website. It is a pure merit driven, proprietary ranking algorithm which cannot be altered for specific Participating Hospital. YugYugJiyo.com will not be liable for any change in the ranking of the Participating Hospitals, which may take place from time to time to improve the quality of the results given to the patients. These listings of Participating Hospitals do not represent any fixed objective ranking or endorsement by YugYugJiyo.com. The listing of Participating Hospitals will be based on automated computation of the various factors including inputs made by the Users including their comments and feedback. Such factors may change from time to time, in order to improve the listing algorithm. YugYugJiyo in no event will be held responsible for the accuracy and the relevancy of the listing order of the Participating Hospitals on the Website.

YugYugJiyo.com shall not be liable and responsible for the ranking of the Participating Hospitals on external websites and search engines.

15. INTELLECTUAL PROPERTY AND LICENSE

All of the Content is owned by us or our licensors and is protected by copyright, trademark, patent, and trade secret laws, other proprietary rights, and international treaties. You acknowledge that the Services and any underlying technology or software used in connection with the Services contain YugYugJiyo.com's proprietary information. we grant you a limited, non-sublicensable right to use the aforementioned content for personal, non-commercial and informational purposes only. You may print, download, and store information from the Website for your own convenience. This license does not allow you to copy, distribute, republish (except as permitted in this paragraph), sell, or exploit any of the content, or exploit the Site or Services in whole or in part, for any commercial gain or purpose whatsoever. We reserve the right, without notice and in our sole discretion, to terminate your license to use the Website or Services, and to block or prevent future access to and use of the Website or Services.

You agree and understand that the contents of the Website and Services including but not limited to our branding, trade dress, trade names, information, logos, designs, databases, arrangement of databases, user interfaces, response formats, videos, testimonials, software, audio, pictures, icons, are the sole property of YugYugJiyo.com or our licensors and are protected by Indian and international intellectual property laws, including copyright and trademark laws. All intellectual property in and to the Website and its contents and Services shall vest solely with YugYugJiyo.com or our licensors.

All other trademarks, registered trademarks, product names, and logos appearing on our Website and Services are the property of their respective owners. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

16. ADDITIONAL TERMS

Certain Services on the Website may have additional terms (such as policies, guidelines, and rules) that will further govern your use of that particular Service and supplement these Terms of Use. If you choose to register for or access any such Services, you will be presented with any relevant additional terms and conditions at that time. By using those Services, you agree to comply with such additional guidelines and rules.

17. DISCLAIMER OF WARRANTIES

We have no special relationship with or fiduciary duty to you. You acknowledge that we have no control over, and no duty to take any action regarding: which users gain access to the Website and/or the Services; what content you access via the Website and/or the Services; what effects the content on the Website and/or the Services may have on you; how you may interpret or use the content on the Website and/or the Services; or what actions you may take as a result of having been exposed to the content on the Website and/or the Services. You release us from all liability for you having acquired or not acquired content through the Website and/or the Services. The Website and/or the Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. We make no representations concerning any content contained in or accessed through the Website and/or the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Website and/or the Services. We make no representations or warranties regarding suggestions or recommendations of services or purchased through the Website and/or the Services.

WE PROVIDE THE WEBSITE AND THE SERVICES "AS IS" AND "AS AVAILABLE". WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING ALL STATUTORY WARRANTIES, WITH RESPECT TO THE SERVICES AND THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES THAT THE SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, RELIABLE OR ACCURATE OR WILL MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. WE ARE NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF INFORMATION PROVIDED BY USERS OF THE SERVICES OR ANY OTHER DATA OR INFORMATION PROVIDED OR RECEIVED THROUGH THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH HEREIN, YUGYUGJIYO.COM MAKES NO WARRANTIES ABOUT THE INFORMATION SYSTEMS, SOFTWARE AND FUNCTIONS MADE ACCESSIBLE THROUGH THE SERVICES OR ANY OTHER SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION. YUGYUGJIYO.COM DOES NOT WARRANT THAT THE WEBSITE OR THE SERVICES WILL OPERATE ERROR-FREE, BUG-FREE OR FREE FROM DEFECTS, THAT LOSS OF DATA WILL NOT OCCUR, OR THAT THE SERVICES, SOFTWARE OR SITE ARE FREE OF COMPUTER VIRUSES, CONTAMINANTS OR OTHER HARMFUL ITEMS.

18. LIMITATION OF LIABILITY

IN NO EVENT SHALL YUGYUGJIYO.COM, OUR OFFICERS, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES, ADVERTISERS, OR DATA PROVIDERS BE LIABLE TO YOU (OR TO ANY THIRD PARTY CLAIMING UNDER OR THROUGH YOU) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, OR INABILITY TO USE, THE WEBSITE AND/OR THE SERVICES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, ANY OTHER COMMERCIAL DAMAGES OR LOSSES, OR MEDICAL MALPRACTICE OR NEGLIGENCE OF PARTICIPATING HOSPITALS UTILIZED THROUGH USE OF THE SERVICE, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED IN ACCORDANCE HEREIN TO THE MAXIMUM EXTENT PERMITTED BY LAW.

The aggregate liability of YugYugJiyo.com to you or anyone, whether in contract, tort, negligence or otherwise, howsoever arising, whether in connection with these Terms of Use, your access and use of this Website and its contents and Services or for any reason related to the operation of the Website, shall not exceed INR 1000 (Indian Rupees One Thousand only). In no event shall YugYugJiyo.com be liable for any loss of profits (anticipated or real), loss of business, loss of reputation, loss of data, loss of goodwill, any business interruption or any direct, indirect, special, incidental, consequential damages or medical malpractice, inappropriate treatment, negligence of Participating Hospitals, however caused, whether or not we have been advised of the possibility of such damages.

19. INDEMNIFICATION

You will release, indemnify, defend and hold harmless YugYugJiyo.com, and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses, of third parties relating to or arising out of (1) this Agreement or the breach of your warranties, representations and obligations under this Agreement; (2) the Website content or your use of the Website content; (3) the Services or your use of the Services; (4) any intellectual property or other proprietary right of any person or entity; (5) your violation of any provision of this Agreement; or (6) any information or data you upload to YugYugJiyo.com. When YugYugJiyo.com is threatened with suit or sued by a third party, YugYugJiyo.com may seek written assurances from you concerning your promise to indemnify YugYugJiyo.com; your failure to provide such assurances may be considered by YugYugJiyo.com to be a material breach of this Agreement. YugYugJiyo.com will have the right to participate in any defense by you of a third-party claim related to your use of any of the Website content or Services, with counsel of YugYugJiyo.com choice at its expense. YugYugJiyo.com will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend YugYugJiyo.com against any claim, but you must receive YugYugJiyo.com prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or Your use of the Website or Services.

20. MISCELLANEOUS TERMS

20.1. Termination:

We may terminate and/or suspend your registration immediately, without notice, if there has been a violation of this Agreement or other policies and terms posted on the Site or through the Services by you or by someone using your Credentials. We may also cancel or suspend your registration for any other reason, including inactivity for an extended period. YugYugJiyo.com shall not be liable to you or any third party for any termination of your access to the Site and/or the Services. Further, you agree not to attempt to use the Site and/or the Services after any such deletion, deactivation or termination (provided, in the case of deactivation due exclusively to your inactivity, you may be permitted to re-register). You can terminate your account at any time by contacting us via the "Contact Us" link at the bottom of every page and ceasing further use of the Services.

20.2. Force Majeure:

YugYugJiyo.com will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.

20.3. Cessation of Operation:

YugYugJiyo.com may at any time, in its sole discretion and without advance notice to you, cease operation of the Website and distribution of the Services.

20.4. Entire Agreement:

The terms together with 'Privacy Policy', shall constitute the entire agreement between you and YugYugJiyo.com and supersedes any prior agreements pertaining to the subject matter contained herein.

20.5. Severability:

If any provision of these Terms of Use is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary and the other provisions of these Terms of Use remain in full force and effect.

20.6. Effect of Waiver:

The failure of YugYugJiyo.com to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.

20.7. Governing Law; Jurisdiction:

These Terms of Use shall be governed by Indian law, without regard to the choice or conflicts of law provisions of any jurisdiction. Any disputes, actions, claims or causes of action arising out of or in connection with the Service shall be subject to, and you hereby consent to, the exclusive jurisdiction of the state courts located in Kolkata, West Bengal.

20.8. Statute of Limitation:

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

20.9. Waiver of Class Action Rights:

By entering into this agreement, you hereby irrevocably waive any right you may have to join claims with those of other in the form of a class action or similar procedural device. Any claims arising out of, relating to, or connection with this agreement must be asserted individually.

20.10. Domestic Use:

YugYugJiyo.com makes no representation that the Website or Services are appropriate or available for use in locations outside India. Users who access the Website from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws.

20.11. Assignment:

You may not assign your rights and obligations under this Agreement to anyone. YugYugJiyo.com may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.

20.12. Carrier Rates may Apply:

By accessing the Services through a computer, mobile or other device, you may be subject to charges by your Internet or mobile service provider, so check with them first if you are not sure, as you will be responsible for any such costs.

20.13. Linking and Framing:

You may not frame the Services. You may link to the Services, provided that you acknowledge and agree that you will not link the Services to any website containing any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material, or information or that violates any intellectual property, proprietary, privacy, or publicity rights. Any violation of this provision may, in our sole discretion, result in termination of your use of and access to the Services effective immediately.

20.14. Headings:

The headings of the sections of this Agreement are for convenience only, do not form a part hereof, and in no way limit, define, describe, modify, interpret or construe the meaning, scope or intent of this Agreement or any terms or conditions therein

20.15. Copyright infringement and Contact information:

YugYugJiyo.com shall not be liable for any infringement of copyright arising out of materials posted on or transmitted through the Website, or items advertised on the Website, by Users or any other third parties. We respect the intellectual property rights of others and require those that use the Services to do the same. We may, in appropriate circumstances and at our discretion, remove or disable access to material on the Services that infringes upon the copyright rights of others.

Any complaints, abuse or concerns with regards to content and or comment or breach of these Terms of Use, please contact us at pinkpad@yugyugjiyo.com