This “Agreement” governs the entire relationship between you and us in relation to use of our website.In case you are a partner Clinic / partner Hotel / partner Taxi provider (“Service Providers”) and signed separate agreement(s) with us, then the relation between you and us will be additionally governed by such Agreement.
We reserve the unconditional and absolute right to amend unilaterally, without any prior permission or intimation, any and all provisions of this Agreement and said amendment will come into effect on the date of publication of the same in the Website. Your use or continuous to use our Website or any services provided therein will be construed as your deemed acceptance to terms of this Agreement or amendment Agreement as the case may be.
Acceptance of terms of this Agreement is a must requirement for all users to access our website and or services listed therein.
WE REQUEST YOU TO READ AND UNDERSTAND TERMS OF THIS AGREEMENT IN FULL. IN CASE PROVISIONS OF THIS AGREEMENT ARE NOT ACCEPTABLE TO YOU, YOU SHOULD NOT USE OUR WEBSITE FOR ANY REASON.YOU FUTHER AGREE THAT, BY CLICKING “ACCEPT”, YOU GIVE YOUR CONSENT AS TO ACCEPTANCE OF TERMS OF THIS AGREEMENT.
We, by the website www.smartchoiceclinic.com, provide an option to website Visitors to search for and get the details of medical Clinics (“Clinic”) available in a particular location for a particular medical treatment. Before enlisting names of Medical Clinics in our website, we do a preliminary search into their service and enter into a service agreement with them to assure good treatment to Customers referred by us. By our affiliation with such Clinics,. To sum up, we assist in the following manners –
Users can search for Clinics available in a particular location for a particular medical treatment.
Users can post their illness details, past medical histories and doctor’s prescriptions, upload photos of affected area and other details in our website (“Users Medical Details”).
We will forward above Users medical details to the concerned Clinic chosen by the User
On receipt of above information, the Concerned Clinic will do Patient Assessment and will provide a Treatment Plan with Cost estimate or Quote which we will forward the same to Users. Please note Cost estimate is an estimate only and the actual cost may vary from such estimate.
If User is satisfied about Patient Assessment, Treatment Plan etc, they will have option to book appointment in the concerned Clinic for the available date. All such appointment can be made by us.
We also provide facility to Users to book Hotel in nearby areas and also book Taxis for pick up and drop facility.
We may ask Users to pay a token money while booking Hotels/Taxis/Holiday Package. This token money will be adjusted against User’s final bill in such Hotel or Taxi or Holiday Package as the case may be. The purpose of asking such token money is to check genuineness of the user and the booking transaction. Note: we not charging or taking any type of payment on behalf of clinics or other service providers.
We provide facility to users to choose the Medical Clinic, Hotel and Taxi at no cost to them. Additionally Users may get discount on their final invoice / bill value due to our affiliation with such Service Providers. We also try to capture and publish necessary information in our website which helps the Users to take an informed decision about the Service Providers, such as Customer’s Review etc.
Any commercial purpose;
Any purpose that is fraudulent, unlawful or prohibited by this Agreement or as per applicable law;
Accessing / using the Website from any jurisdictions which restricts or prohibits such access or use;
Accessing or using our Website in any manner which could damage, disable, overload, flood, mail bomb, crash or impair the Website or interfere with any other party’s use and/or enjoyment of the Website or any of its services;
Posting or transmitting, whether on a bulletin board, forum or otherwise in the Website any unlawful, harassing, threatening, libelous, defamatory, obscene, hateful, scandalous, inflammatory, pornographic or profane material, or any other material that could give rise to any civil or criminal liability;
Transmitting material which may cause harm to us or any other party’s computer systems, including but not limited to any material which contains viruses, Trojan horses, worms, spyware, adware or other computer programming routines or engines that are intended to damage, destroy or otherwise impair a computer’s functionality or the operation of the Website;
Harassing, harming or abusing any other person or contacting, advertising, soliciting, selling to any other person without their prior written consent or transmitting or relaying spam, junk email or chain letters;
Accessing data or materials not intended for your use, logging into a server or account which you are not authorised to access, attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, or impersonating any person or entity, or falsely stating or otherwise misrepresenting their identity or affiliation in any way;
Attempting to gain unauthorized access to the Website, or any computer systems or networks connected to us, through hacking, password miming or any other means;
Harvesting or otherwise collecting by any means any programme material or information (including without limitation email address or details of other users) from the Website or monitoring, mirroring or copying any content of the Website without the prior written consent of us;
Copying, modifying, transmitting, displaying, distributing, performing, reproducing, licensing, publishing, creating derivative works from, transferring or selling any information, software, products and services contained on or forming part of this Website, or otherwise using such content of the Website for resale, redistribution or for any other commercial use whatsoever including but not limited to any other website, surveys, contests or pyramid schemes.
Sometimes for availing our services, you may be required to complete a simple registration form,whereby you will be asked to fill your personal information such as Name, Address, date of birth or Age, Mobile Number, E-mail id, past medical history etc (“User Information”). By entering such User Information, you hereby confirm that all such information are genuine, correct, complete and belongs to you or you have all necessary authorization to use such information from the person on behalf of whom you are entering such information. You also hereby confirm that you have attained the age of majority as per the law applicable to you and you have all legal capacity to enter into this legal binding agreement. You hereby permit us to use your personal information for the purpose of this Agreement..
We reserve the right, without notice to you, to suspend or terminate your access to this Website, or any service forming part of this Website, wholly or partially, for any reason including, without limitation, where you have provided false or misleading information, or you are in breach of this Agreement, or if we cannot verify or authenticate any information submitted to the Website. We are not liable to you or any third party for any suspension or termination of access to this Website.
For the purpose of this Agreement, “Data” means all electronic data or information, including personal data submitted by you on to the Website and transferred by us to the Clinic or other service providers, the processing of which is necessary to conclude the contract between you and the Clinic or such service providers. You recognize and acknowledge that in order to facilitate the provision of Services to you, we will need to provide certain details of your personal information, including any medical information you provide us with, to Clinics or other service providers whom you wish to arrange a consultation with. You explicitly consent to the transfer and disclosure of your personal information to such Clinics and/or service providers even where such Clinics and/or Service Providers are based in countries where protections for personal data are not as strong as in your jurisdictions. We may also use your contact details, including your phone number and email address, to contact you from time to time to update you as to progress in relation to your consultation with the Clinic or Service Provider and other matters concerning the Website Services. You consent to us contacting you in this regard.
Communication between you and the Service Provider is done via email through us and we retain contents of such emails in order to assist you and Service Providers in tracking their communications. You also acknowledge that communication between you and the Service Provider may happen by phone through us. We store the time and date of call, telephone numbers, voice recordings, etc in order to assist you and the Service Provider in tracking communications between you and them. You hereby permit us such storage and recordings.
This Agreement and relationship between you and us shall be governed exclusively in accordance with the laws of Australia and courts situated at New South Wales, Australia will have exclusive jurisdiction. In case any dispute arises, the same shall be informed to each other and all parties shall try to resolve such disputes amicably. If amicable dispute settlement is not possible within 30 days from the date of notification of disputes by one party to the other, then the same shall be referred to courts at New South Wales, Australia for final decision. Each party shall bear their respective cost. You hereby give your absolute consent to the exclusive jurisdiction of Australia Court and Law for the resolution of disputes.
We are not engaged in any healthcare or medical advice or diagnosis nor we recommend any of our users to avail the service of any of the listed Clinics or other service providers. We don’t provide any user any kind of service warranties, cost warranties, cost effectiveness or warranties, assurances of any kind, whether express or implied. Contents of Service providers as appear in our website are as provided by such service providers and we do not screen or validate any such content. Your use of any of the services of service providers (Clinic, Hotel or Taxi or others) will be at your own risk and cost. All information provided on the Website is intended for your reference only and should not be considered as advice, recommendation or single source of information.
Information provided in our website is provided “as is” basis, without any representations or warranties or assurances of any kind, either express or implied. We make no representations, warranties or undertakings that the website, information posted in the website, the Service Providers and their services are good, cost effective and will meet your requirement. All information provided in the website are for reference only and not as an advice or recommendation. We make no representations, warranties or undertakings that the website, information contained in the website are accurate, complete and mistake free or the server that makes it available, will be free from defects, including, but not limited to viruses or other harmful elements.
To the fullest extent permitted by applicable law, we, our officers, directors, employees, affiliates and other representatives disclaim all our responsibility and liability to you for all your loss, damage and cost which you may suffer or incur due to use of our website, services offered therein or transactions entered into through or from this Website, including, for the avoidance of doubt, your transactions with Clinics and/or with other Service Providers facilitated through this Website. We are not responsible for any direct, indirect or consequential losses or damages, loss of data, loss of income, profit or opportunity, loss of, or damage to, property and claim of third parties, even if we have been advised of the possibility of such loss or damages, or such loss or damages were reasonably foreseeable.
The information, content, graphics, text, sounds, images, buttons, trademarks, service marks, get-up, business names, domain names, rights in good will, know-how, designs and rights in designs, trade names and logos (whether registered or unregistered) (the “Materials”) contained in this Website are protected by copyright, trade mark, database right and other intellectual property laws and are also protected under national laws and international treaties. We retain all rights, titles and interests in such Materials.
Any use of such Materials, including any form of copying, reproduction, modification, distribution, uploading, re-publication, extraction, re-utilization, incorporation or integration with other Materials or works or re-delivery using framing technology, without the prior permission of us is strictly prohibited and is a violation of the proprietary rights of us. Other than as expressly provided herein, nothing in this Agreement should be construed as conferring, by implication or otherwise, any license or right under any copyright, patent, trade mark, database right or other intellectual property or proprietary interest of us, our licensors or any third party.
Although we endeavor to ensure the Website is available at all times, there may be occasions when access to the Website may be interrupted, e.g. to allow maintenance, upgrades and emergency repairs to take place, or due to failure of telecommunications links and equipment that are beyond our control. You agree that we shall not be liable to you for any loss incurred by you resulting from the modification, suspension or discontinuance of the Website.