Sayre Therapeutics Private Limited, a private limited company incorporated under the Companies Act, 2013, with its registered office at Flat no.1104, Sobha Cinnamon Apartment, Haralur Road, Somasundara Palya, Bangalore, Karnataka, India-560102 (hereinafter referred to as “Company”), is the sole owner of the website www.oncmonk.com (“Website”, which expression shall include any versions of the Website designed for use on mobile phones and other devices) and associated domain names, trademarks and mobile applications.
IMPORTANT: Services provided by the Company are not for use in medical emergencies or situations requiring prompt medical attention. In event of a medical emergency or a critical health situation, the User must call or dial the User’s emergency medical service provider immediately. In order to assess the User’s condition and provide the User medical advice, healthcare professionals who interact with the User on the Website will rely solely on information provided by the User. The User is solely responsible for the correctness and completeness of any information provided by the User. Neither the Company nor the healthcare professionals shall be responsible in any way for relying on the information the User provides.
Without prejudice to any other specific requirement which may be laid out in these Terms, User’s use of the Website or the Services (as defined below) and specifically, User’s acceptance of these Terms as aforesaid shall be deemed to be a representation from the User that the User is above 18 years of age and is fully able and competent or is a guardian of a minor or other person incapable of providing us with valid consent to lawfully enter into and form contracts, and agree to the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.
Headings of clauses are only for convenience and are not intended to be used to interpret the contents thereunder. Please read these Terms fully.
- The Company, under the brand name ‘OncMonk’, makes available the following facilities (“Services”) to every registered User, subject to the terms contained herein:
- Creation of a patient user account on the Website.
- Booking consultations with practitioners.
- Sharing diagnostic reports with practitioners.
- Obtaining medical advice and prescriptions from practitioners.
- Notwithstanding anything to the contrary in these Terms, if the User becomes aware of any errors on the Website, the User shall contact the Company with the details of the errors and corrections. The Company shall make all reasonable efforts to carry out the corrections but shall not have any further liability to the User in respect thereof.
2. Applicability of the Terms
- By the User’s use of the Website, User hereby gives unconditional consent to:
- These Terms.
- Any other notice, disclaimer, policy, or term of use, by whatever name called, which may be applicable to the use of the Services from time to time.
- As a pre-condition to use the Services on the Website, User may be required to register and log in to the User account. The User may register on the Website by filling the specified forms and providing the Company with copies of the requisite personal details, including but not limited to User’s name, phone number, E-mail id, proof of identity, PAN, AADHAR as specified by the Company from time to time. The User hereby represents and warrants that any information the User provides for the aforesaid purpose is correct and complete in all material respects. The User shall be solely responsible to keep such information updated from time to time. Further, it shall be the User’s sole responsibility to ensure that all such documents are genuine, legible, not expired or otherwise invalid.
- Upon successful registration on the Website, the Company shall assign the User an account and issue a unique member ID. User shall be solely responsible for maintaining the confidentiality and security of User’s member ID and password. User is solely responsible for the activity that occurs on the User’s account, and User must keep the User’s account password secure. User must notify the Company immediately of any breach of security or unauthorized use of User’s account. The Company hereby disclaims any responsibility for use of the Services by any other person through User’s account, irrespective of whether or not User permitted such use.
- Upon acceptance of these Terms, User shall be permitted use of a dashboard. The dashboard shall enable the User to provide to the Company information about User’s profile, the facilities which User chooses to list or avail on the Website, the description and prices of such facilities as the case may be, and such other information as required from time to time by the Company in its sole discretion.
- The Company shall not be liable for any loss, damage, injury or any liability, whether in tort, contract or other theory of liability, resulting from any unauthorized use of User’s account. However, User shall always be liable for the losses of the Company or others due to such unauthorized use.
- Subject to successful registration or login, as the case maybe, and User’s continued adherence to these Terms and any other terms and conditions prescribed from time to time, the Company shall permit User to access the Website and use the Services.
- Except as expressly provided herein, the Company does not grant any express or implied permission to use the Services. In addition to the restrictions specified in these Terms, User shall also comply with any special terms and conditions in respect of any specific Service.
- Without prejudice to its other rights and remedies, the Company may, without prior notice, restrict User’s access or use of Website (or any features within the Website), indefinitely suspend or immediately terminate this contract with the User or stop the User from using the Services if it is discovered that the details the User gave at the time of registration or login are materially inaccurate or false, or if the User fails to keep such details updated from time to time, in its sole discretion. The Company may also launch, change, upgrade or impose conditions to suspend or stop any Services or any features without prior notice, except that in case of a fee-based Service such changes will not adversely affect the paying Users in enjoying that Service.
- Notwithstanding anything to the contrary in these Terms, the Company reserves the right to restrict access to some or all parts of this Website or to discontinue any aspect of the Services at any time.
4. Rights and Obligations of the Parties:
- Responsibilities of the Company:
- The Company shall assign an advisor (“Advisor”) to each registered User, who shall be responsible for understanding the needs and requirements of the User and connecting the User to an appropriate medical practitioner. The Advisor shall:
- act as a coordinator between the User and any medical practitioner assigned to the User.
- forward prescriptions as received from the medical practitioner.
- counsel the User post recommendation.
- assist in medicine procurement.
- understand the requirements of each User’s nutritional of emotional support.
- The Company shall schedule calls between the registered User and third-party service providers or healthcare professionals as the case may be.
- The User shall:
- refrain from treating any consultation received on the Website as being primary in nature.
- submit any reports obtained as a result of their consultation on the Website to their primary physician/medical practitioner.
- disclose all material health information accurately and enable the Company to provide its Services in a beneficial manner.
- Avail any Services provided on the Website of their own accord.
- Make such payments as agreed to on the Website without undue delays
5. Consideration and Payment Terms
- Even if the Services are provided on a ‘no charge’ basis for a period of time, the Company shall have the right to charge such charges as it determines in its sole discretion from time to time. If the Company decides to charge the User for the Services, then User shall, in consideration of being rendered the Services, pay to the Company such charges. Notwithstanding anything to the contrary, all charges shall be non-refundable.
- All payments shall be made by credit card, debit card or such other method as the Company may specify from time to time.
- Unless permitted otherwise by the Company as per the then prevalent subscription package, all charges shall be paid in advance of availing of the Services and shall be non-refundable. For the avoidance of doubt, Company shall not refund any amount regardless of the reason for the termination or annulment of these Terms, even if User discontinues the Services during the period of User’s then current subscription package.
- Service tax or any other central, state or local tax shall be charged extra at actuals and User shall pay the same.
- Except as provided herein, the User shall be responsible for all of User’s expenses related to these Terms.
- User shall have no right to set off or adjust amounts due from User to the Company from any amounts that are actually or allegedly due by the Company to the User. However, the Company shall have the right to set off any amounts that are payable by the User to the Company (in reimbursement or otherwise) against any payments the Company may make to User.
- Non-payment of charges and such other amounts shall result in suspension or termination of these Terms and User’s ability to use the Services.
- While availing any of the payment method/s available on the Website, the Company will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to User due to:
- Lack of authorization for any transaction/s; or
- Payments exceeding the preset limit mutually agreed by User and between bank/s; or
- Any payment issues arising out of the transaction; or
- Decline of transaction for any reason/s.
- User understands, accepts and agrees that the payment facility provided by Company is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment through collection and remittance facility for the transactions on the Company’s Website using the existing authorized banking infrastructure and credit card payment gateway networks. Further, by providing payment facility, the Company is neither acting as trustee nor acting in a fiduciary capacity with respect to the particular order.
6. Representations and Warranties
- User hereby represents and warrants that:
- User is authorized to accept these Terms and perform all User’s obligations hereunder.
- User shall perform User’s obligations diligently and in a manner that always reflects well on the Website.
- These Terms may be amended at any time by the Company. All such amendments shall be binding on the User effective 24 (twenty-four) hours after the amended Terms are made available on the Website. It shall be User’s sole responsibility to check this page regularly to take notice of any changes the Company may have made to these Terms. If User does not agree with any amendment, the User shall stop User’s usage of the Services with no liability from the Company to User except in case of orders placed prior to the amendments.
- Although the Company may attempt to notify the User when major changes are made to these Terms, it shall be solely the User’s responsibility to read and understand the most up-to-date version of the Terms on the Website. Nothing in these Terms shall be deemed to confer any third-party rights or benefits.
8. Use of the Services
- User hereby represents and warrants that the User shall make use of the Services as a prudent, reasonable, and law-abiding citizen.
- The Company may, in its sole discretion, suspend User’s use of the Services or terminate User’s contract under these Terms.
- The Company shall not be responsible for the unavailability of the Website or any delay or failure resulting from any reason whatsoever, including but not limited to infrastructure issues, server uptime, network availability and connectivity.
- User agrees not to use any data mining, robots, or similar data and/or image gathering and extraction methods in connection with the Services.
- User shall not use the Services to do anything that is contrary to the law, decency, or morality.
- User shall not use the Service to make unsolicited offers, advertisements, proposals, or send junk mail or spam to others.
- User shall not take any action that would cause the Company to suffer any types of losses.
- User agrees not to collect or harvest from the Services any personally identifiable information, including account names, or to use the communication platforms provided by the Services (e.g., comments, email) for any commercial solicitation or other purposes.
- In User’s use of the Services, User shall always comply with all applicable laws.
- User shall not copy, reproduce, make available online or electronically transmit, publish, adapt, distribute, transmit, broadcast, display, sell, license, or otherwise exploit the content on the Website.
- User agrees not to hack, circumvent, disable, corrupt, or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein. User shall also not attempt to affect the performance or functionality of any facilities available on the Website.
- In User’s use of the Services, User shall not transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene hack into any aspect of the Services.
- The Company will not be liable for any loss or damage caused by distributed denial-of-service attacks, viruses or other technologically harmful material that may infect User’s computer equipment, computer programs, data, or other proprietary material due to User’s use of the Website or download of any material from the Website.
- Breach of the above clauses shall amount to a criminal offence under the National Cyber Security Policy 2013. The Company shall report any such breach and disclose User’s identity to the relevant law enforcement authorities.
- User acknowledges that the Company does not promote or advertise any brand, diagnosis or treatment and any consultation provided on the Website is merely in the nature of recommendations and not medical advice.
- Nothing provided on the Website shall constitute medical, nursing or any other healthcare practice. The Services provided on the Website are solely for the purpose of the User’s educational and informational benefit and shall not be construed as medical advice, diagnosis, treatment or a substitute for professional advice or treatment. Use of the Website does not establish a doctor-patient relationship.
- The Website is limited to the provision of consultative services with respect to the User’s known or previously identified condition and neither the Company, nor its employees, consultants, or agents with whom it contracts will diagnose, treat, give orders, prescribe, or recommend medications or have any authority over the User’s care. The Services will not involve any direct face-to-face encounters or physical examinations.
- The User shall be responsible for any healthcare decisions made in regard of their health. The User is expected to seek professional medical advice and/or attention in addition to ant consultations that may occur on / through the Website.
- Cancellation and Refund Policy
- Upon completing registration, scheduling an appointment and processing of the payment, the appointment cannot be cancelled. No refund shall be issued in lieu of the User missing an appointment.
- An appointment may be rescheduled only once, by the User.
9. Termination and Suspension
- Notwithstanding anything to the contrary in these Terms, any other terms, or any other communication between User and the Company, Company may terminate the Services at any time with or without notice, and for or without any reasons, with absolutely no liability to User.
- Without prejudice to the foregoing:
- Company reserves the right to terminate these Terms without notice and without liability to User on becoming aware that the User has violated these Terms or any other guidelines and rules published in respect of the Services
- If the Company reasonably concludes based on information available to the Company that User’s actions and/or performance in connection with the Terms may result in a significant number of customer disputes, chargebacks or other claims in connection with the Website, Company may block, restrict, disable, suspend or terminate User’s access to all or part of the Services at any time in Company’s discretion, without prior notice or liability to the User.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER THROUGH THE SERVICES WILL CONSTITUTE OR CREATE ANY REPRESENTATION OR WARRANTY NOT EXPRESSLY STATED HEREIN AS AGAINST THE COMPANY.
- USER EXPRESSLY AGREES THAT USE OF THE SERVICES IS AT USER’S SOLE RISK. THE SERVICES AND ANY DATA, INFORMATION, THIRD PARTY SOFTWARE, REFERENCE SITES, SERVICES, OR SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE,” “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED
- THE USER HEREBY AGREES THAT THE COMPANY DOES NOT PROVIDE ANY INSURANCE REGARDING ANY OF THE SERVICES RENDERED BY IT ON ITS OWN, OR THROUGH ITS AFFILIATES, AGENTS OR ASSIGNEES.
11. Intellectual Property
- The Company and its licensors, if any, shall be the sole and absolute owners of the Services, including but not limited to the idea behind the Services, the copyright in all content on the Website and all trademarks, designs, logos and other insignia of trade used on the Website and elsewhere during the performance of the Services, all of which are subject to protection under patent, copyright, trade mark and trade secret and other intellectual property laws of India and other countries. User may use the content supplied solely for User’s own personal use. User is not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to User or which appears on this Website nor may User use any such content in connection with any business or commercial enterprise. Any copying of any part of the Services or marks shall entail immediate termination of these Terms without prejudice to the other rights and remedies of the Company, including for civil wrongs and criminal offences.
12. Limitation of Liability
- THE COMPANY HAS UNDERTAKEN GREAT CARE TO ENSURE THAT ALL THE INFORMATION ON THE WEBSITE IS ACCURATE, BUT THE COMPANY NEITHER WARRANTS NOR MAKES ANY REPRESENTATIONS REGARDING THE QUALITY, ACCURACY OR COMPLETENESS OF ANY DATA, INFORMATION, PRODUCT OR SERVICE. IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, PARTNERS AND EMPLOYEES, OR ITS CONTRACTORS, AGENTS, LICENSORS, PARTNERS, OR SUPPLIERS BE LIABLE TO THE USER FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION LOST BUSINESS OPPORTUNITIES, LOST REVENUES, OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR LOSS OR CORRUPTION OF DATA OR DAMAGE OF ANY NATURE WHATSOEVER), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY OR AN AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR RELATING TO (I) THE USE OR THE INABILITY TO USE THE SERVICES; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF USER’S TRANSMISSIONS OR DATA; (III) DELAY OR INABILITY TO USE THE WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, OR (IV) ANY OTHER MATTER RELATING TO THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE OR SERVICE. IF THE FOREGOING LIMITATION IS NOT ENFORCEABLE, THE MAXIMUM LIABILITY OF THE COMPANY SHALL BE INR 500/- (INDIAN RUPEES FIVE HUNDRED ONLY).
- USER ACKNOWLEDGES AND AGREES THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN THE USER AND THE COMPANY, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN USER AND COMPANY. THE COMPANY WOULD NOT BE ABLE TO PROVIDE THE SERVICE TO THE USER ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
- THE COMPANY SHALL NOT BE HELD RESPONSIBLE FOR NON-AVAILABILITY OF THE WEBSITE DURING PERIODIC MAINTENANCE OPERATIONS OR ANY UNPLANNED SUSPENSION OF ACCESS TO THE WEBSITE THAT MAY OCCUR DUE TO TECHNICAL REASONS OR FOR ANY REASON BEYOND COMPANY'S CONTROL. USER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS DONE ENTIRELY AT USER’S OWN DISCRETION AND RISK AND USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
- THE SERVICES ARE CONTROLLED AND OFFERED BY THE COMPANY FROM ITS FACILITIES IN INDIA. IF YOU ARE A USER OUTSIDE INDIA, PLEASE TAKE NOTE THE COMPANY IS SUBJECT ONLY TO INDIAN LAW AND ONLY TO THE JURISDICTION OF INDIAN COURTS. THE COMPANY MAKES NO REPRESENTATIONS THAT THE SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THEREFORE, IF YOU ARE A USER OUTSIDE INDIA, YOU MAY USE THE SERVICES SOLELY ON YOUR OWN VOLITION AND AT YOUR OWN RISK. YOU SHALL BE SOLELY RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
- User hereby agrees to defend, indemnify and hold harmless the Company, its affiliates, officers, partners, employees, consultants and agents, from and against any and all third party claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) User’s use of the Services; (ii) User’s violation of any term of these Terms; (iii) User’s violation of any third party right, including without limitation any copyright, property, or privacy right. This indemnification obligation shall survive these Terms and use of the Services.
14. Governing Law and Arbitration
- These Terms are governed by and shall be construed in accordance with the laws of the Republic of India without respect to its conflict of laws provisions.
- Disputes, if any, shall be attempted to be resolved amicably for thirty (30) days. Unresolved disputes shall be referred to an independent, sole arbitrator in Bangalore appointed by the Company in accordance with the procedure established by the Arbitration and Conciliation Act, 1996. Subject to the foregoing, User hereby consents to the exclusive jurisdiction of the Courts in Bangalore.
- Headings. All headings used in these Terms are for convenience only and shall not affect the construction hereof.
- No Waiver. No failure or delay in exercising any right, power or remedy hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power or remedy hereunder. No waiver of any provision hereof shall be effective unless the same shall be in writing and signed
- Severability. If any provision of these Terms is prohibited or unenforceable, it shall be ineffective only to the extent of such prohibition or unenforceability, and such prohibition or unenforceability shall not invalidate the balance of such provision to the extent it is not prohibited or enforceable nor the remaining provisions hereof, nor render unenforceable such provision in any other jurisdiction. In the event any provisions of these Terms shall be held to be invalid, illegal or unenforceable, the parties hereto shall use their best efforts to substitute valid, legal and enforceable provisions which, insofar as practical, implement the purposes hereof.
- Cumulative Remedies. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
- Force Majeure: If the whole or any part of the performance of the respective obligations of the parties hereunder is prevented or delayed by reasons of natural calamities, war, arson, civil disturbance, and such other reasons beyond the reasonable control of a person (each a “Force Majeure Event”), then to the extent either party shall be prevented or delayed from performing all or any part of their respective obligations under these Terms despite due diligence and reasonable efforts to do so, then such party shall be excused from performance hereunder for so long as reasons of Force Majeure Event. A Force Majeure Event shall not affect the payment obligations of the parties unless there is legal bar / embargo to the making of the payments.
- Assignment: The right to use the Services is personal to the User and is not transferable by assignment, sublicense, or any other method to any other person or entity.