Introduction
Welcome to kaberacare.com. We are operating and maintaining this website for finding and comparing health care providers for your personal information, education and communication. This Terms of Use page lays out guidelines for your access to and use of this website. Please read these Terms of Use carefully before accessing or using this website for comprehensively understanding your rights and responsibilities. To these Terms of Use “we”, “our” and “us” refers to kaberacare.com.
Agreement
All pages within this website and any information, material, content and services made available on or through the website are provided subject to your agreement with the terms and conditions set forth below. Please read the following information carefully. Your use of this website will indicate your agreement to these terms of use. If you do not agree to these terms of use, promptly exit this website.
Should you choose to sign up or submit enquiry, your use of such web pages and services provided may be subject to additional terms.
Important Notice – NO MEDICAL ADVICE
Any information provided on the Website is intended as a guide only. It should not be relied upon as your primary source for health or medical information. It should not be construed as a substitute for professional medical advice.
Kaberacare.com is not involved in the provision of any healthcare diagnosis or treatment.
Information contained in this website is not exhaustive and does not cover all diseases, ailments, physical conditions or their treatment.
If you decide to engage a practitioner or provider to provide treatment services to you, you do so at your own risk.
You should be aware that the results of any search you perform on the Website for Providers should not be construed as endorsement by kaberacare.com of any particular provider.
In the event of a medical emergency, contact your local hospital or doctor. Do not disregard or delay seeking medical advice because of any content that you have read on this website or advice obtained through this website. This website does not contain medical advice and we do not monitor this website or communications from this website for medical diagnostic or emergency health care purposes.
Your Representations
You represent and warrant that you are at least 18 years of age and that you possess the legal right and ability to be legally bound by these Terms of Use. You agree to be responsible for your use of the Website and to comply with your responsibilities and obligations as stated in these Terms of Use.
If you are not 18 years of age, you are not permitted to use this Website and must exit now.
Restrictions on use of Website
You agree not to use this Website or any of its facilities and/or services for any purpose that is unlawful or prohibited by these Terms of Use including but not limited to:
Any commercial purpose including but not limited to creating, checking, confirming, updating or amending your own or someone else’s databases, records, directories, customer lists, mailing or prospecting lists;
Any purpose that is fraudulent, unlawful or prohibited by these Terms of Use;
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.
Accessing or using the Website in and from jurisdictions which restricts or prohibits same by local law;
Accessing or using the 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;
Posting or transmitting, whether on a bulletin board, forum or otherwise, to or from the Website any unlawful, harassing, threatening, libelous, defamatory, tortious, obscene, hateful, scandalous, inflammatory, pornographic or profane material, or any other material that could give rise to any civil or criminal liability under law;
Transmitting material which may cause harm to kaberacare.com or any other party’s computer systems, including but not limited to any material which contains viruses, Trojan horses, worms, spyware, adware, time bombs, cancelbots 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 another 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 authorized 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 any kaberacare.com website, through hacking, password miming or any other means;
Harvesting or otherwise collecting by any means any program 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 kaberacare.com.
Website Content
Although Kabera Care attempts to ensure the integrity and accuracy of the content on the Website, it makes no guarantees whatsoever as to the correctness or accuracy of such content. It is possible that the Website and its content could include inaccuracies or errors (human or machine), and third parties could make unauthorized additions, deletions and alterations to the Website. In the event you become aware of an inaccuracy, please inform us at hello@kaberacare.com so that it can be corrected.
Kabera Care does not make any warranty as to the reliability, accuracy, timeliness, usefulness, adequacy, completeness or suitability of the website or any content or information contained within it.
The Website content may contain health or medical related materials that you find sexually explicit or otherwise offensive. Kabera Care accepts no responsibility for such materials. Use of the Website is at your own risk.
You may choose to use other services provided by third parties in conjunction with your access to and use of this Website. Such services may include, but are not limited to, translation services, location services, and other third-party offerings. Any links to such services are provided for your convenience only. Kabera Care has no control over the contents of these services, and Kabera Care accepts no responsibility for them or for any loss or damage that may arise from your use of them. Such services may require you to submit your information to a third party, which may result in a copy of your information being used and/or stored by a third party. If you decide to access any such services in conjunction with your access to and use of this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such services.
Website content may be changed or updated without notice. Kabera Care reserves the right to modify Website content without any obligation to notify past, current or prospective Website users.
Kabera Care makes no representations that the materials on this Website are appropriate or available for use in all countries. Those who do access this Website from other states or countries are solely responsible for compliance with the laws of such state or country.
You are responsible for the accuracy of information that you submit to us via this Website. We have no obligation or liability for any information that is not accurate.
kaberacare.com reserves the right, at its sole discretion, to pursue all of its legal remedies upon breach by you of these Terms of Use, including but not limited to removal of your postings and content from this Website, closing your account and/or restricting your ability to access this Website and use the Website Services.
Services we do not provide
kaberacare.com does not endorse, recommend, or approve any providers listed on the Website, aside from our due diligence and efforts to list only qualified, and accredited institutes. We are not medical professionals, nor do we hold ourselves out to be medical professionals and will not discuss or advise on any issues relating to medical treatment with Clients (defined below) or Providers.
As we cannot control the information provided by Providers or information sourced by kaberacare.com from the Internet that is made available through this Website, kaberacare.com does not guarantee or endorse the authenticity, quality, safety or legality of any Provider or the services provided or purported to be provided by any Provider, the accuracy of any listings or any Provider data we may provide to you, or the ability of any Providers to complete a transaction.
Data Protection
For the purpose of these Terms of Use “Data” means all electronic data or information, including personal data as defined in the Indian Data Protection Acts, submitted by you onto the Website and transferred by kaberacare.com to the Providers, the processing of which is necessary to conclude the contract between you and the Provider. 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, Providers whom you wish to arrange a consultation with. You explicitly consent to the transfer and disclosure of your personal information to such Providers even where Providers are based in countries where protections for personal data are not as strong as your home country. 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 a Provider and other matters concerning the Website Services. You consent to us contacting you in this regard.
Kaberacare.com endeavors to protect your privacy and the privacy of others who access the Website and use its facilities. For full details of the manner in which Kaberacare.com uses cookies, the type of information we collect, how we use it and further details concerning the circumstances upon which we disclose information, please read the Privacy Statement which is hereby incorporated into and forms part of these Terms of Use.
Kaberacare.com operates servers outside of the European Union therefore if applicable to your geographical region, you hereby agree to the transfer of personal data outside the European Union. By using this website, you agree to Kaberacare.com holding and processing, both electronically and manually, personal data about you (including sensitive personal data as defined in the Indian Data Protection Acts for the operation, management, security and administration of Kaberacare.com and complying with applicable laws, regulations and procedures, including transfer of personal data outside the European Union.
Communication between you and a Provider via email may be sent through Kaberacare.com. The content of these emails may be retained by Kaberacare.com in order to assist clients and providers in tracking their communication.
By signing up to become a Registered User you agree that we may send you advertisements and/or promotional material by email, including information about new services being initiated. If you do not wish us to contact you for marketing purposes, you may notify us by following the “unsubscribe” links on email communications issued by us and/or contacting us directly at +91 785 705 0001.
Provision of Information
If you wish to arrange a consultation with the Provider(s), then you will be asked to provide certain information including details such as your contact details (phone number and email address), age and gender and some medical information to allow us to present your data to Providers who may be interested in providing Services to you. You warrant and undertake that the information provided by you is up-to-date, accurate in all material respects, not the confidential property of others or in violation of any third party’s rights and is sufficient for us to facilitate the Website Services. Although Kaberacare.com endeavors at all times to respect your privacy, you should not provide any information that may cause personal damage to you if made public.
Information sent over the Internet cannot be guaranteed to be completely secure as it is subject to possible interception, loss or alteration. You understand and agree to assume the security risk for any information you provide using the Website. We are not responsible for any information sent over the Internet and will not be liable to you or anyone else for any damages or other loss incurred in connection with any information sent by you to us or to a Provider, or any information sent by us, a Provider or any third party to you over the internet.
Suspension / Termination
Kaberacare.com may at any time, without notice to you, 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 these Terms of Use, or if Kaberacare.com cannot verify or authenticate any information submitted to the Website. Kaberacare.com is not liable to you or any third party for any suspension or termination of access to this Website.
COPYRIGHT NOTICE AND LIMITED LICENSE
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 intellectual property laws and are also protected under national laws and international treaties.
Kaberacare.com and/or its licensors (as the case may be) retain all right, title, interest in and intellectual property rights to the Materials. Use of third party trademarks is for description and identification purposes only. Such trademarks are the registered trademarks of their registered owners. Kaberacare.com asserts absolutely no ownership or other rights with respect to such third-party trademarks.
Any other use of the Materials on this Website, including any form of copying or 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 Kaberacare.com is strictly prohibited and is a violation of the proprietary rights of Kaberacare.com. Other than as expressly provided herein, nothing in these Terms of Use should be construed as conferring, by implication or otherwise, any license or right under any copyright, patent, trade mark, database right, sui generis right or other intellectual property or proprietary interest of Kaberacare.com, its licensors or any third party.
You agree to grant Kaberacare.com a non-exclusive, royalty free, world-wide, transferable perpetual license, with the right to sub-license, reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any Materials and other information, including without limitation ideas contained therein for new or improved services, when you submit to the Website either during the registration process or otherwise, including any information or materials you post to a bulletin board or evaluation forum on the website.
Disclaimers
This clause limits Kaberacare.com legal liability to you for your access to and use of the Website. You should read this clause carefully. You acknowledge that you have agreed to these Terms of Use relying on the disclaimers stated herein and that those disclaimers are an essential basis of this contract.
The website is available to all users “as is” and, to the greatest extent permitted by applicable law, the website is made available without any representations or warranties of any kind, either express or implied. Kaberacare.com makes no representations, warranties or undertakings about the services or materials available on the website, including without limitation, their merchantability, quality or fitness for a particular purpose. All information provided on the website is intended as a guide only and should not be construed as a substitute for professional medical advice and Kaberacare.com makes no representations, warranties or undertakings as to the accuracy of any information provided on this website. Kaberacare.com makes no representations, warranties or undertakings that the website, or the server that makes it available, will be free from defects, including, but not limited to viruses or other harmful elements. To the maximum extent permitted by applicable law, Kaberacare.com accepts no liability for any infection by computer virus, bug, tampering, unauthorized access, intervention, alteration or use, fraud, theft, technical failure, error, omission, interruption, deletion, defect, delay, or any event or occurrence beyond the control of Kaberacare.com, which corrupts or affects the administration, security, fairness and the integrity or proper conduct of any aspect of the Website. All use by you of the Website is at your own risk. You assume complete responsibility for, and all risk of loss resulting from, your downloading or using of, or referring to or relying on the facilities, services, materials or products provided on the Website, or any other information obtained from your use of the Website. You agree that, to the maximum extent permitted by applicable law, Kaberacare.com and providers of communications and network services to Kaberacare.com will not be liable for damages arising out of your use or your inability to use the Website, and you hereby waive any and all claims with respect thereto, whether based on contract, tort or other grounds. No advice or information, whether oral or written, obtained by you from Kaberacare.com shall be deemed to alter this disclaimer of warranty, or to create any warranty.
To the fullest extent permitted by applicable law, Kaberacare.com assumes no responsibility nor do we grant any warranties, express or implied relating to the operation, safety, condition or service of any Provider or any healthcare professional or any doctor or any other person associated with the Provider that is used by, for or on behalf of, you. Kaberacare.com is not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any Provider or any doctor or any other persons associated with such Provider or for losses, damages or expenses resulting therefrom.
Limitation of Liability
To the fullest extent permitted by applicable law, neither Kaberacare.com nor any of its officers, directors, employees, affiliates or other representatives will be liable for loss or damages arising out of or in connection with your use of any facilities, services and the website services offered or transactions entered into through or from this Website, including, for the avoidance of doubt, your transactions with Providers or medical services facilitated through this Website, including, but not limited to, direct, indirect or consequential losses or damages, loss of data, loss of income, profit or opportunity, loss of, or damage to, property and claims of third parties, even if Kaberacare.com has been advised of the possibility of such loss or damages, or such loss or damages were reasonably foreseeable.
In no event shall Kaberacare.com nor any of its officers, directors, employees, affiliates or other representatives be liable for any damages whatsoever resulting from the statements or conduct of any Provider or third party or the interruption, suspension or termination of the website services, whether such interruption, suspension or termination was justified or not, negligent or intentional, inadvertent or advertent. Without limiting the foregoing, under no circumstances shall Kaberacare.com nor any of its officers, directors, employees, affiliates or other representatives be held liable for any delay or failure in performance of the website or the website services resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including, without limitation, internet failure, computer equipment failures, telecommunication failures, other equipment failures, electrical power failures, strikes, lay-way disputes, riots, interactions, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of god, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
Indemnity
You agree to defend, indemnify and keep indemnified and hold Kaberacare.com and, as applicable, its officers, directors, employees, affiliates or other representatives, harmless against any and all claims, proceedings, actions, costs, including legal costs, charges, expenses, damages, liabilities, losses and demands made by, or liabilities to, any third party resulting from any activities conducted under your account, your use or misuse of this Website, including but not limited to posting content on this Website, entering into transactions with Providers, contacting others as a result of their postings on this Website, infringing any third party’s intellectual property or other rights, or otherwise arising out of your breach or any breach of these terms of use.
Links to Third Party Websites
This Website may contain links to third party websites. Your use of third party websites is subject to the terms and conditions of use contained within each of those websites. Access to any other website through this Website is at your own risk. Kaberacare.com is not responsible for, nor liable for, the accuracy of any information, data, opinions, or statements made on third party websites or the security of any link or communication with those websites. Kaberacare.com reserves the right to terminate a link to a third party website at any time. The fact that Kaberacare.com provides a link to a third party website does not mean that Kaberacare.com endorses, authorizes or sponsors that website, nor does it mean that Kaberacare.com is affiliated with the third party websites, owners or sponsors. Kaberacare.com provides these links merely as a convenience for those who use this Website.
Availability
Although Kaberacare.com endeavors 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 Kaberacare.com shall not be liable to you for any loss incurred by you resulting from the modification, suspension or discontinuance of the Website.
You have sole responsibility for adequate protection and back-up of any content and data you submit to the Website and for undertaking reasonable and appropriate precautions to scan for computer viruses or other destructive items.
Changes in These Terms of Use
Kaberacare.com may modify or terminate any services offered through this website from time to time, for any reason and without notice, and without liability to you, any other client or any third party. Kaberacare.com reserves the right to change the content, presentation, performance, user facilities and/or availability of any part of this Website, including these terms of use at its sole discretion from time to time.
Jurisdiction and Governing Law
This Website is controlled and operated by Kaberacare.com from India. Kaberacare.com does not make any representation that the facilities, services, including the website service, and/or materials offered through this Website are appropriate or suitable for use in countries other than India, or that they comply with any legal or regulatory requirements in any other countries. In accessing this Website, you do so at your own risk and on your own initiative, and are responsible for compliance with local laws, to the extent any local laws are applicable. If it is prohibited to make this Website, facilities, services, including the website service, and/or materials offered through this Website or any part of them available in your country, or to you, whether by reason of nationality, residence or otherwise, this website, the facilities, services and/or materials offered through this website or any part of them are not directed at you.
These terms of use shall be governed by and construed in accordance with the laws of India and you hereby agree, for the benefit of Kaberacare.com, and without prejudice to the right of Kaberacare.com to take proceedings in relation to these terms of use before any court of competent jurisdiction and that courts of India shall have jurisdiction to hear and determine any actions or proceedings that may arise out of or in connection with these terms of use, and for such purposes you irrevocably submit to the jurisdiction of such courts. The language of any dispute resolution procedure or any proceedings under these terms of use will be English.
Miscellaneous
Any waiver of any provision of these terms of use must be in writing and signed by Kaberacare.com to be valid. Any waiver of any provision hereunder shall not operate as a waiver of any other provision, or a continuing waiver of any provision in the future. Each of the provisions of these terms of use is separate and severable and enforceable accordingly. If, at any time, any provision is judged by any court of competent jurisdiction to be void or unenforceable the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. Nothing in these terms of use shall constitute, or be deemed to constitute, a partnership between you and Kaberacare.com, nor shall either party be deemed to be the agent of the other party. These terms of use represent the entire understanding and agreement between you and Kaberacare.com relating to use of this website, its facilities and/or services, including the website service, and supersede any and all prior statements, understandings and agreements.