Welcome to our Site, Liver.Care, an online platform that offers online telemedicine services for liver health related information and needs (collectively, the "Services"), through their website, accessible at www.liver.care (hereinafter referred to as the “Site”). Liver.Care allows Users to consult with Dr. Sanjiv Saigal who strives to resolve your medical issues, on-demand, via text, audio or video (wherever applicable) consultations from wherever you happen to be via the Site’s interface or other methods as may be made available by Liver.Care from time to time.

The Site and the Liver.Care are provided by Dr. Sanjiv Saigal and are electronic records in terms of the Information Technology Act, 2000 and rules thereunder, 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.

This document 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 www.Liver.Care website.

We've put together here some detailed terms and conditions (the “Terms”) to clarify expectations and to set out our respective rights and obligations relating to your use of the Platform. These Terms along with our Privacy Policy, are also a resource for you to get a deeper understanding of how we use information and data we collect, and what your rights and our obligations are with respect to that information. You should read and understand them, as they govern your use of the Site and specify our mutual obligations. By accessing or using any part of the app/website, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, then you may not access the Site. Any new features or tools which are added to the current Site shall also be subject to the Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our app/website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the app/website following the posting of any changes constitutes acceptance of those changes.

ACCESSING, BROWSING OR OTHERWISE USING THE WEBSITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THIS AGREEMENT, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING.

Definitions

Liver.Care”, "we", "us", "our", and similar terms refer to the instant online platform that that offers online telemedicine services for liver health related information and needs through their website, accessible at www.liver.care.

End User”, you,” “your,” “User”, and similar terms refers to End Users of our Platform who are persons who are seeking medical advice.

Site”, “Website” or “Platform” refer to our website at www.Liver.Care. and any extensions, software or add-ons provided by us for use with the Liver.Care or such other website(s) or mobile applications designated by us. Users of the Platform can access the platform via any internet browser; these are the minimum requirements to create an account on the web site www.Liver.Care, , and to avail the services thereof.

Intellectual Property” includes without limitation, creations, discoveries, inventions, improvements, know how, trade or business secrets; trademarks, service marks, domain names, designs, utility models, tools, devices, models, methods, patents, copyright (including all copyright in any designs and any moral rights), design right, procedures, processes, systems, principles, algorithms, works of authorship, Site, flowcharts, drawings, books, papers, models, sketches, formulas, electronic codes, proprietary techniques, research projects, and other confidential and proprietary information, computer programming code, databases, Sessions, software programs, data, documents, instruction manuals, records, memoranda, notes, user guides; in either printed or machine-readable form, whether or not copyrightable or patentable, or any written or verbal instructions or comments.

Content” means content, text, data, graphics, images, photographs, video, audio, information, suggestions, guidance, and other materials provided, made available or otherwise found through the Services, including, without limitation, Content provided in direct response to your questions or postings.

Healthcare Provider” means a medical individual providing you the Services.

Terms” or “Agreement” refers to these Terms, as may be amended from time to time by us.

Acceptance of terms of service

These Terms, which include our Privacy Policy are a binding legal agreement and govern your use of the Site, including all features and functionalities, applications, updates, notifications and our user interfaces, and all content and software associated therewith. By checking the “I accept the Terms & Conditions” box during the registration or by downloading the browser extension, using, visiting, or browsing on the Site, you accept and agree to be bound by this Agreement. If you do not agree to these Terms, you are not authorized to use, and you should not use, Liver.Care’s Platform.

Please note that these Terms may change from time to time. We will post any changes to our Terms on our Website and, if the changes are material, we will provide a more prominent notice (such as an email notification). When we update the Terms, we will note the date of its most recent revision.

Your continued access to or use of the Platform, after we have posted changes to the Terms as set forth above and have otherwise complied with the applicable laws regarding changes in the notice, will indicate that you agree to be bound by such changes. If you do not agree with such changes, you should cease accessing or using the Platform and delete your account.

This Site, including all materials present (excluding any applicable third-party materials), is the Intellectual Property of Dr. Sanjiv Saigal and is protected under Intellectual Property laws. You hereby agree to comply with all copyright laws. Dr. Sanjiv Saigal does not grant any express or implied rights under any patents, trademarks, copyrights or trade secret information.

When you access any services provided by us through the Platform including, but not limited to, User comments and social actions, you will be subject to the rules, guidelines, policies, terms and conditions applicable to such Services and they shall be deemed incorporated into this Terms and considered a part and parcel of these Terms. We reserve the right, at our sole discretion, to change, modify, add, or remove portions of these Terms at any time and without any prior written notice to you. It is your responsibility to review the Terms & Conditions periodically for updates/changes. Your continued use of the Site following the changes will mean that you accept and agree to the revisions. As long as you comply with these Terms, we grant you a personal, non-exclusive, non-transferable, and limited privilege to enter and use the Website.

User eligibility

Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the Website and shall not use the website. As a minor if you wish to use the website, such use may be made by your legal guardian or parents on the Website. If you are below age of 18, you can use the Site or services only in conjunction with, and under the supervision of, your parent or guardian who has agreed to the Terms. If you are the parent or legal guardian of a child under the age of 18, 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. If you do not qualify under these terms, do not use the Site or services. Liver.Care reserves the right to terminate your account and / or refuse to provide you with access to the Site if it is brought to Liver.Care’s notice or if it is discovered that you are under the age of 18 years and your legal guardian hasn’t provided a consent for the same.

Use of the liver.Care’s platform

User Account:

  • A patient/ prospective patient undertaking to register on the Platform, should always use accurate and current information about himself/herself - including name, email ID, mobile number etc, and adhere to the guidelines as mandated by Liver.Care
  • We reserve the right to suspend or terminate your account and use of Liver.Care’s services if we believe any information you have provided during the registration process is inaccurate.
  • We reserve the right to establish fees for use of Liver.Care’s services at any time or to charge additional fees for premium services, data access or additional functionality. You will be notified, through Liver.Care and/or utilizing the information you provided when creating your account, in the event a fee will apply.
  • Any report or information uploaded by you on Liver.Care website and the advice provided by the Liver.Care website becomes part of your Liver.Care Record. You agree to provide accurate information to help us serve you best to our knowledge, to periodically review such information and to update such information as and when necessary.

User Obligations:

  • Your use of Liver.Care’s services shall be solely for your own use. You will comply with all applicable laws in connection with your use of the Liver.Care’s Platform. You will not attempt to circumvent or violate any security feature of Liver.Care, including accessing any features, interactive areas, information or profiles for which you do not have permission or other content, or information not intended for you.
  • You are solely responsible for maintaining the confidentiality of your password and for all activities carried out under your Liver.Care account. You agree to prohibit anyone else from using your password and immediately notify Liver.Care of any unauthorized use of your password or other security concerns.
  • You are responsible for all use of the Services and for all use of your account details, including use by others to whom you have given your account details. You may only use the Services for lawful, non-commercial purposes. You may not use the Site in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party’s use and enjoyment of the Services. You may not attempt to gain unauthorized access to any of the Services, user accounts, or computer systems or networks, through hacking, password mining or any other means. You may not accumulate or index, directly or indirectly, any Content or portion of the Site (including, without limitation, appointment information, fees information, and location information) for any purpose whatsoever.
  • You will not use the Services to view, access or otherwise use, directly or indirectly, fees, availability, or other Content for any purpose other than your own personal use as a patient or prospective patient.
  • You will not use the Services, directly or indirectly, to engage in any anti-competitive, deceptive or unfair practices, or otherwise violate applicable antitrust, competition or consumer protection laws, or regulations.

User Covenants:

  • Liver.Care doesn’t replace your relationship with your physician or healthcare provider. The information interpreted (not limited to content of the site and information derived from online consultations) should not be relied upon as a substitute for face to face consultation based on physical examination. It is not a substitute for primary care and no health care provider-patient relationship is created by use of this Website.
  • The Services are limited. In some cases, the online nature of the Service will make it difficult to verify a diagnosis (particularly with conditions that rely heavily on direct health care provider-patient interaction for accurate diagnosis). In those cases, the Service provided through the Website will focus on the assessment or recommendation of treatment options. The decision to focus on diagnosis, treatment recommendation(s), or both rests solely with the Healthcare Provider.
  • You acknowledge that the Content (other than the information you receive from the healthcare professionals) on the Site does not constitute an opinion, medical advice, or diagnosis or treatment, but is provided to inform and advice you on various medical conditions, medical diagnosis and treatment and it does not constitute a direct medical diagnosis, treatment or prescription.
  • Do not use the Services for emergency medical needs. If you experience a medical emergency, immediately contact your doctor or a nearby hospital. We do not bear any responsibility in case you choose to not contact your doctor or a nearby hospital. Your use of the content is solely at your own risk.
  • If you rely on any Content, you do so solely at your own risk. We encourage you to independently confirm any Content relevant to you with other sources, including the healthcare provider’s office, medical associations relevant to the applicable specialty, and the appropriate licensing or certification authorities to verify listed credentials and education.
  • You agree to keep your interactions with the Healthcare Provider using the Site confidential.

All Users are responsible for their own use of Liver.Care’s Platform. As part of your use of Liver.Care’s services, You agree that you will not:

  • Interfere with, or attempt to interfere with, the normal operations of the Liver.Care or any other User’s use of Liver.Care’s Platform, including by overloading, flooding, spamming or crashing the Liver.Care Platform or its underlying systems or by altering any profile, reviews or other information provided by any User;
  • Post, share, link to or submit any content or material that is libellous, defamatory, invasive of privacy or publicity rights, vulgar, profane, indecent, obscene, sexually explicit or exploitative;
  • Use the Liver.Care’s Platform to harass, bully, threaten, humiliate, stalk or otherwise intimidate any other Liver.Care User or any third party;
  • post, share, link to or submit any content or material that constitutes hate speech, promotes violence against any group or person or is otherwise objectionable;
  • Post, share, link to or submit any content or material that is fraudulent, false, misleading or deceptive;
  • Impersonate or falsely suggest or claim an affiliation with any other person or entity;
  • Seek to monetize Liver.Care’s Platform, including by providing reviews or endorsements for payment or other consideration from any Technology Provider or other third party;
  • Violate or circumvent your Liver.Care’s policies;
  • collect, store or analyse information about other Liver.Care Users, except as authorized by such User;
  • Expose Liver.Care to any civil or criminal liability; or
  • Violate any applicable law or encourage conduct that would constitute a criminal offense;

Each Liver.Care User is responsible for the content that such User uploads, shares, posts, links to or otherwise makes available via the Platform including all Reviews (“User Content”). For clarity, User Content does not include information that is provided via the Browser Extension. In order for Liver.Care to provide services, you also grant to us a perpetual, irrevocable, royalty-free, non-exclusive, worldwide right and license to use, reproduce, modify, distribute, perform, display and transmit your User Content as necessary for provision of the Liver.Care.

We reserve the right, but not obligation, to review or monitor any User Content or use of the Liver.Care Platform and may remove or restrict access to any User Content that seems to be inappropriate, in violation of these Terms or applicable law. We cannot and do not guarantee that you, as a User, will not be exposed to content you find objectionable or offensive and you waive any right to damages relating to such content. If we believe any User Content is in violation of any applicable law, we reserve the right to report such User Content and information regarding the User to the appropriate legal authorities. You understand and agree that we cannot control how other Users may use the Platform, including posting of offensive User Content, or use or share your User Content (on the Platform or otherwise) and release us from all liability arising from any other user’s acts.

Payments and payment processing

Liver.Care may require users of the Services to provide a valid method of payment (e.g., credit or debit card, Paytm account, etc.) tied to an account at a bank when they register for an account (to ensure users are able to make applicable payments to Liver.Care) or upon Liver.Care services. If a method of payment is required, you are responsible for ensuring that a valid method of payment is associated with your Liver.Care account at all times (either the original method of payment or a replacement).

Where your billing address is requested, you must provide the address and phone number your bank has on record, as well as the card's security code, i.e. CVV. Liver.Care will make reasonable efforts to process your transactions in a timely manner, but we make no guarantees regarding the processing time for charges. Liver.Care may store your method of payment and you hereby acknowledge and agree that Liver.Care may charge you for, and you will pay for, any charges specified for the services.

You understand and agree that for Services provided on an appointment basis, you will be responsible for a missed appointment fee equal to all or a portion of the fees you would have paid for the scheduled services if you do not cancel or request reschedule of your appointment at least 24 hours in advance of your appointment.

In case the Healthcare Provider, doesn’t start the video consultation within 1 hour of the appointment time or there is a technical error delaying the consultation, you will have the option to request reschedule of the appointment at no additional cost.

Third-party links, content and applications

There may be links on the Liver.Care’s Platform, or from communications you receive from Liver.Care, to third-party web sites or online features. Liver.Care’s Platform also may include third-party content that we do not control, maintain or endorse. Functionality on the Liver.Care Services may also permit interactions between the Services and a third-party web site or online feature, including applications that connect the Services or your profile on the Services with a third-party site. For example, the Site may include a button enabling you to indicate, on your social networking page, that you "like" a specific product on the services, or a feature that lets you post to your social networking page a link to a specific product or the ability to share content from the services or your User Content with a third-party, which may be publicly posted on that third-party's web site. Using this functionality typically requires you to login to your account on the third-party website. We do not control any of these third-party sites or any of their content. Neither Liver.Care nor its service providers are responsible for the practices of any third-party. Accordingly, you expressly acknowledge and agree that we make no representations or warranties about the completeness, accuracy, or existence of any advertising, products, or other materials on or available from third-party sites or online features and any reliance placed by you on such materials is at your own risk.

Your correspondence and business dealings with such third-parties found through the services including, without limitation, the payment and delivery of services, and any terms, conditions, warranties and representations associated with any such dealings, are solely between you and the third-party.

Privacy

Any personal information submitted through the Platform is subject to our Privacy Policy, the terms of which are incorporated herein. Please review our Privacy Policy to understand our practices. The date of any changes to our Privacy Policy will be clearly stated within the policy. We may send you notifications about new Platform features, special offers, promotional announcements and customer surveys via email, notifications within the Platform, text message or other methods. You may opt-out from receiving future marketing or promotional materials from Liver.Care by following the instructions provided in the electronic communication. Even after opting out of future marketing or promotional communications, you may still receive legal or technical communications from us relating to the Platform. By using the Liver.Care, you consent to receiving electronic communications from us regarding the Liver.Care.

Intellectual property

Ownership: As between you and Liver.Care, including all content, graphics, audio, video, pictures, trademarks, Platform marks, logos and other material on the Liver.Care’s Platform, and its underlying software, algorithms, databases, look and feel and arrangement, are the intellectual property of Dr. Sanjiv Saigal, subject to copyright and other intellectual property protections. For clarity, you understand that all reports generated by Liver.Care utilizing the data from the Platform shall remain the property of Dr. Sanjiv Saigal. The Liver.Care mark and logo are the trademarks of Dr. Sanjiv Saigal. All rights in and to our website, the Liver.Care Platform and the services not expressly granted herein are reserved by us. We grant you and you accept a non-exclusive, non-transferable right to use the Liver.Care Platform solely for your own use and in accordance with this Agreement.

Restrictions. You may not use any information provided on or through the Liver.Care Platform for any commercial purpose including by selling, buying, distributing, reposting or licensing any information or materials you may obtain through use of the Liver.Care Platform, including Reviews and other User Content. You may not use any page-scraper, spider, robot or other automatic device or methodology to access, acquire, copy or monitor any contacts or content provided on or through the Platform. You may not copy, republish, mirror, transmit, perform, sell or distribute any part of the Liver.Care Platform, Reviews or User Content for any commercial or other purpose or other than as expressly permitted herein. You may not alter, modify or create derivative works of the Software or Platform and shall not access or attempt to access, reverse engineer, decompile or otherwise discover the source code of the Software. You will not use or access the Liver.Care Platform in order to develop any competing product or Platform or to conduct benchmarking tests.

Termination

Liver.Care may at any time cease to continue an operating part or all or selectively disable certain aspects of the Platform. You may cease using the Platform at any time; provided that you acknowledge and agree that all User Content posted by you prior to such time will continue to be available on and through the Platform. We may terminate your use of the Liver.Care services if you violate these Terms, with or without prior notice to you.

Warranty disclaimer; limitation of liability

We do not guarantee, represent or warrant that your use of our services will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

You agree that from time to time we may remove the Service for indefinite periods of time or cancel the service at any time, without notice to you.

In case of any force majeure event, the Services may be suspended without any notice.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The service delivered to you through Liver.Care are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Liver.Care, our officers, employees, affiliates, agents, contractors, interns, suppliers or service providers be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service procured using the service, or for any other claim related in any way to your use of the service, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content posted, transmitted, or otherwise made available via the service, even if advised of their possibility.

The Service provided through this Website differs from the diagnostic services typically provided by a health care provider. The Healthcare Provider providing Services through this Website will not have the benefit of information that would be obtained by examining you in person and observing your physical condition. Therefore, the Healthcare Provider providing services through this Website may not be aware of facts or information that would affect his or her opinion of your diagnosis. To reduce the risk to you of this limitation, Liver.Care strongly encourages you to discuss the information gained from the Services with your treating health care provider or by visiting Dr. Sanjiv Saigal. By deciding to engage the Services of this Website, you acknowledge and agree that you are aware of this limitation and agree to assume the risk of this limitation. Furthermore, you agree and accept that: (i) the information you will receive is limited and provisional; (ii) the Services are not intended to replace a full medical evaluation or an in-person visit with a health care provider; (iii) the Healthcare Provider providing Services through this Website do not have important information that is usually obtained through a physical examination; and (iv) the absence of a physical examination may affect the medical professional’s ability to fully understand your condition, disease or injury.

Indemnification

To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless the Liver.Care from and against any and all loss, liability, damages, judgments, claims, demands, costs, investigations, settlements, and expenses (including, without limitation, reasonable attorneys) fees arising out of or directly or indirectly relating to:

  • Your User Content;
  • your use of the services or activities in connection with the services;
  • your breach or anticipatory breach of this Agreement;
  • your violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities;
  • information or material transmitted through your computer, even if not submitted by you, that infringes, violates or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy or other right of any person or defames any person;
  • any misrepresentation made by you; or

Liver.Care’s use of your information or User Content is as permitted under this Terms & Conditions, the Privacy Policy, or any other written agreement between you and Liver.Care. You will cooperate as fully required by the Liver.Care in the defence of any claim. Liver.Care reserves the right to assume exclusive defence and control of any matter, otherwise subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of a duly authorized employee of Liver.Care. These indemnity obligations shall survive any expiration or termination of your relationship with Liver.Care.

Miscellaneous provisions

Severability

In the event that any provision of this Agreement is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from the Agreement, such determination shall not affect the validity and enforceability of any other remaining provisions.

Entire agreement

The failure of us to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.

These clauses and any policies or operating rules posted by us on this Site constitutes the entire agreement and understanding between you and us and govern your use of the Platform, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us. Any ambiguities in the interpretation of the Agreement shall not be construed against the drafting party.

Governing law

This Agreement shall be governed by and construed in accordance with the Laws of the Republic of India. Subject to Clause 11.3.2, the courts at New Delhi shall have the exclusive jurisdiction over any matter relating to, in connection with, or arising out of, this Agreement.

Arbitration: If any dispute or difference of any kind whatsoever shall arise amongst the concerned Parties in connection with, or arising out of, this Agreement, the concerned Parties shall seek to resolve any such Dispute by mutual consultation and negotiation in good faith. In the event, the concerned Parties are unable to, within 30 (Thirty) days, reach a resolution, such Dispute shall be referred to final and binding arbitration under the (Indian) Arbitration and Conciliation Act, 1996. Such arbitration shall be held in Mumbai, India. All proceedings of such arbitration shall be in the English language. A sole arbitrator shall be mutually appointed by the Parties. The award pronounced by the arbitrator shall be final, conclusive and binding upon the concerned Parties.

Changes to the terms of these terms

You can review the most current version of the Terms & Conditions at any time at this page. Liver.Care reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our website. It is User’s responsibility to check our website periodically for changes. User’s continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Contact information

Questions about the Terms should be sent to us at:
E mail: info@liver.care