By accepting these Terms and Conditions, I warrant that I have completed 18 years of age as on date of this agreement and that I have fully read and understood the Terms and Conditions as set forth in this agreement, without any impairment in judgment resulting from (but not limited to) mental illness, mental handicap, intoxication, medication, or any other health or other problem that could impair judgment
Dr G K Gyan is the owner/ proprietor of the domain name and website, “Dr Gyan Clinic” (hereinafter referred to as, the website). I also absolve professionals engaged /contracted by Dr G K Gyan who offer services through the website from any responsibility or liability whatsoever, for any medical, legal or financial events or outcomes related to services attained by me through the use of online consultations or any form of communication. I also understand and use the website accepting that it is being provided on an as-is basis.
The website is not intended to be used to:
1. Treat or give a diagnosis of a medical emergency or medical condition.
2. Advise or resolve legal, medical or financial issues outside the scope of what has been agreed or provided.
Information or advice provided on the website by professionals should be used merely as a guide rather than a definitive recommendation to adopt any specific action or treatment. Nothing transmitted to or from this website constitutes the establishment of a doctor-patient relationship between you and any professional providing information or advice through the site. The site is not intended to diagnose a medical condition
I understand and agree that Dr G K Gyan does not regularly review the posts on the website or associated pages and platforms (excluding, however, Dr G K Gyan has right to access accounts to ensure that the system is working and/or in the case of any technical dysfunction) and the views expressed therein are those of an individual posting it and do not necessarily reflect those of Dr G K Gyan, its owners, managers, directors, employees, agents, partners, advertisers or affiliates.
Dr G K Gyan assumes no responsibility for the posts or the information contained therein, nor does it make any claims, promises or guarantees about the accuracy, suitability or completeness of any of the information on the website or in the posts. All advice and/or information obtained directly or indirectly from the Site are provided at my own risk.
For all consultations including medical consultations in particular, before acting on any of the advice offered in/through the site, I should confirm that such action is applicable and suitable to me, by referring to my own medical practitioner or by obtaining a second and third opinion of other medical practitioners. The limitations associated with consultations or other services exclusive of physical examination, in-person legal advice or onsite and extensive investigations are hereby accepted and agreed to by me. I further absolve from all liability, Dr G K Gyan, and its owners, managers, directors, employees, panel doctors, consultants, agents, partners, advertisers and/ or affiliates from any legal responsibility for any incorrect or misleading information provided by any professional or contained within the Site.
Dr G K Gyan may, without giving notice can delete any account or information contained on the website for any reason whatsoever.
The information on this Website (including but not limited to video consult, live chat, emails, phone support) is provided for general informational purposes only and SHOULD NOT be relied upon as a substitute for sound professional medical advice, evaluation or care from your physician or another qualified healthcare provider. Nothing on this Website should be used for treating or diagnosing a medical or health condition or for replacing any relationship with your physician or another qualified healthcare provider. The health information furnished on this Website and the interactive responses (if any) furnished by or through, this Website is not intended to or implied to be professional medical advice. I shall consult other sources and confirm the information contained within this Website. This shall include consulting my own physician regarding the applicability of any opinions or recommendations with respect to your symptoms or medical condition. For medical concerns, including decisions about medications and other treatments, I shall always consult my physician or other, qualified healthcare professional. In serious cases, I shall seek immediate assistance from emergency personnel. If I suspect that I have a medical problem or condition, I shall contact a physician or other qualified healthcare provider immediately. I SHALL NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING I HAVE READ ON THIS WEBSITE (including but not limited to video consult, live chat, emails, phone support). No medications, diet supplements or treatments as may be described on this Website shall be taken or begun without first consulting my physician or another healthcare provider.
It is my choice to decide to take Online homoeopathic treatment, guidance, advice, suggestions.
I understand/ agree that Dr G K Gyan makes no claim that the contents of the Site, such as text, graphics, images and information obtained from service providers and any other material contained on the Site (the “Content”) is appropriate or may be downloaded in a particular jurisdiction. Access to the Site and Content may not be legal by certain persons or in certain states or countries. If you access the Website you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. Provisions relating to the liability of Dr G K Gyan and its licensors, user submissions, Indemnity, Jurisdiction, and Complete Agreement, survive the expiration or termination of these Terms and Use for any reason whatsoever.
The Content is for informational purposes only. The Content is not intended to be a substitute for face-to-face professional advice, diagnosis, or treatment. The user shall always seek the advice of an attorney, physician financial professional or such other professional within the users jurisdiction with any questions regarding a legal, medical or financial condition. Never disregard professional legal, medical or financial advice or delay in seeking it because of information provided by a professional through the website. If you think you may have a medical emergency, call your doctor or emergency services immediately. Dr G K Gyan does not recommend or endorse any specific tests, products, procedures, opinions, or other information that may be mentioned on the website. Reliance on any information provided by any professional through the website, Dr G K Gyan, its employees, others appearing on the website at the invitation of Dr G K Gyan, or other visitors to the website is solely at the user’s own risk.
The user agrees that the user will not use the website or its content to post any advertisement or other commercial message.
The user further agrees that it will not post or attempt to post any content whatsoever on the website of Dr G K Gyan which to the knowledge of the user is knowingly false, defamatory, inaccurate, abusive, harassing, obscene, sexually oriented or threatening message or material irrespective of whether the same is defamatory or illegally invasive of another person’s privacy. If any complaint is received against a user to this effect, then upon receiving such complaint Dr G K Gyan will delete any inappropriate posts as quickly as possible; however, the submissions are generally posted in real-time and are not reviewed by Dr G K Gyan before they are posted to the website or its affiliated platforms.
The user agrees and affirms that the Content (excluding all correspondence between the user and professional through the messaging system, including any and all attachments) (Copyright Content) is protected by copyright under Central and State laws of the Republic of India, and foreign laws as applicable. Title to the Copyright Content remains with Dr G K Gyan or its licensors. Any use of the Copyright Content not expressly permitted by these Terms and Conditions is a breach of the Terms and Conditions and may violate copyright, trademark, and other laws. Inquiries or applications for permission to copy any Copyright Content otherwise than is permitted by these Terms and Conditions should be directed to Gyanendra@DrGyan.in Content and features on the Site, including these Terms and Conditions, are subject to change or termination without notice in the editorial discretion of Dr G K Gyan. All rights not expressly granted herein are reserved to Dr G K Gyan and its licensors. If the user violates any of these Terms and Conditions, then the users permission to use the Copyright Content automatically terminates and the user must immediately destroy any copies that the user has of any portion of the Copyright Content, lest the user shall be liable for infringement of copyright.
The user agrees that the user shall use the website of his/ her own free will and shall not be guided in any manner including by way of any promotional emails, phone calls and advertisements from Dr G K Gyan and its affiliates and partners. The use of the Site and the Content is therefore entirely at the users own risk. When using the website, information will be transmitted over a medium that, in many cases, is beyond the control and jurisdiction of Dr G K Gyan and its suppliers. Accordingly, Dr G K Gyan assumes no responsibility or liability whatsoever for or relating to the delay or failure of delivery of data, interruption or corruption of any data or other information transmitted in connection with use of the Site. The Site and the Content are provided on an “as is” basis. Dr G K Gyan, its licensors, and its suppliers, to the fullest extent permitted by law, disclaim all warranties, either express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties’ rights, and fitness for particular purpose. Specifically, Dr G K Gyan, its licensors, and its suppliers make no representations, warranties or guarantees about the following:
1. The accuracy, reliability, completeness, correctness, authenticity or timeliness of the content, software, text, graphics, links, or communications provided to the user on or through the use of the website.
2. The compliance by Dr G K Gyan, with government laws, rules, regulations and notifications in force in any country, or the laws of any jurisdiction with regard to the ability to use the website or requiring disclosure of information contained on the Site.
The user agrees that, to the fullest extent permitted by law, neither Dr G K Gyan, its licensors, its suppliers, nor any third parties mentioned on the website shall, in any event whatsoever, be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption, including any computer virus) resulting from the use or inability to use, by the user, of the website or the content on it, whether based on warranty, contract, tort, or any other legal theory, and whether or not Dr G K Gyan is advised of the possibility of such damages.
To the extent permitted by law, all legal claims if any, arising in connection with the use by the user of the website and any of its Content, shall be brought within one (1) month from the date of occurrence of the event giving rise to such action.
Dr G K Gyan does not endorse any professional and does not intend to be a source of advertising, solicitation or legal advice on the behalf of any professional. To the fullest extent permitted by law, Dr G K Gyan is not responsible for the content of linked third-party sites, sites framed within the website, or third-party advertisements, and does not make any representations regarding their legality, content or accuracy. The use by the user of third-party websites is at the users own risk and subject to the terms and conditions of use for such sites. Dr G K Gyan does not endorse any product advertised on the website.
All information available on this Website is not exhaustive and is provided “AS IS” and without any warranties of any kind, either express or implied. All implied warranties of merchantability and fitness for a particular purpose or use are hereby excluded. Disclaimer of Liability of the Medical Center, if any, for damages (including without limitation liability arising out of tort, strict liability, negligence, contract or patent or copyright infringement) shall not exceed the lesser of
(i) the fees paid, if any, to Dr G K Gyan for the particular information or service provided on this Website or
(ii) Rs.100 (Indian Rupees).
The website, Dr G K Gyan shall not be liable under any theory of indemnity. In no event shall Dr G K Gyan be liable for any damages other than the amount referred to above. All other damages, direct or indirect, special, incidental, consequential or punitive are hereby waived by the user to the fullest extent permitted by law, even if Dr G K Gyan has been advised of the possibility of such damages. The Dr G K Gyan expressly disclaims and DOES NOT WARRANT that the functioning of this website will be uninterrupted or error-free or that they are correct; that any errors will be corrected; that any information on this Website is complete, accurate (although the Medical Centre strives for accuracy), or timely (or will be updated); and that this Website, or the server that makes it available, is or will be free of viruses or other harmful components. The user is solely responsible for any damage to your computer system or loss of data that results from downloading any material from this Website.
The user EXPRESSLY ACKNOWLEDGE AND AGREE THAT Dr G K Gyan, ITS LICENSORS, SUPPLIERS AND BUSINESS PARTNERS ARE NOT RESPONSIBLE IN ANY WAY AND IN ANY MANNER WHATSOEVER FOR THE RESULTS OF users DECISIONS RESULTING FROM THE USE OF THIS WEBSITE OR THE INFORMATION CONTAINED HEREIN, INCLUDING BUT NOT LIMITED TO, THE USERs CHOOSING TO SEEK OR NOT TO SEEK PROFESSIONAL MEDICAL CARE, OR CHOOSING OR NOT CHOOSING SPECIFIC TREATMENT BASED ON THE INFORMATION ON OR ACCESSED THROUGH THIS WEBSITE (Including but not limited to Video Consultation, Live Chat, Email, Phone).
The user agrees that the user is solely responsible for anything posted by him/ her on the website. The user further agrees to defend, indemnify, compensate and hold Dr G K Gyan, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against all claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, the user’s violation of these Terms and Conditions or any claims based upon the user’s posts/submissions on the website. The user also consents to abide by the spam policies and undertakes one not to forward unsolicited mails using the “Refer a Friend” feature from Dr G K Gyan server to any of the users contacts without their prior consent. Failure to do so may result in the cancellation of the user account with Dr G K Gyan.
The user also agrees and states that he/she understands that the professionals that participate in the site may or may not be affiliated with, employed by or agents of Dr G K Gyan and that Dr G K Gyan makes no representations as to the qualifications of any of the physicians who participate in the network. Any listing, name, content, material of any professional or firm found on this site does not constitute any endorsement or recommendations. When deciding to take advice and/or hire any professional or firm, the user shall conduct prior independent research as to the accuracy of the credentials expressed in the Content. The client agrees to pay a membership fee if applicable and the necessary consultation fee, pursuant to the schedule of memberships and fees set forth on the Dr G K Gyan website. Dr G K Gyan reserves the right to modify its pricing structure at any time and implement the new price structure at any time prior to billing the client for his or her initial payment or for future payments that are due pursuant to this agreement. The client/patient also understands and agrees that none of the consultations can be cancelled or are refundable in nature.
The calendar as seen on the Dr G K Gyan is based on Indian Standard Time (I.S.T.). If a client is outside of the IST time zone, it is that Clients responsibility, at the time of scheduling and at the time of attendance of their consultation, to accommodate for this difference. Dr G K Gyan will not refund or reschedule appointments based on an error made by the client regarding this issue.
Dr G K Gyan will not, under any circumstances, issue cash refunds or credits for early contract cancellation or refund payment for any consultation, once charged. If the client/patient has a question about charges made to your account, he or she should contact us immediately for the same. If the charges were made in error, we will credit the account or credit card account for the appropriate or corresponding amount in a suitable time frame. Dr G K Gyan has a zero-tolerance policy for chargebacks. Any Client who disputes a credit card payment that is found to be valid is subject to a fine, suspension and account termination subject to Dr G K Gyan discretion. A minimum charge of Rs.2500 per chargeback will be assessed for all accounts that receive a chargeback. Any chargeback fees, past due fees and costs will be sent to collections. If our collection efforts fail, unpaid debts will be reported to all available credit reporting agencies. Booking and cancelling an appointment at any particular point in time will not allow refund of the membership/subscription/consultation fees.
The user expressly agrees that exclusive jurisdiction for any dispute with Dr G K Gyan, or in any way relating to the use of the website, resides in the Courts of Araria, (Bihar) India. The user further agrees and expressly consents to the exercise of personal jurisdiction in the courts of Araria, India in connection with any such dispute including any claim involving Dr G K Gyan or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.
These Terms and Conditions are governed by the internal substantive Indian laws of the land, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions at any one point of time shall be deemed as a further or continuing waiver of such term or condition or any other term or condition on a subsequent occasion.
These Terms and Conditions constitute the entire agreement between the parties and supersedes all other agreements relating to this subject matter, and set out the complete legal relationship between Dr G K Gyan and the user arising from or connected with this subject matter. For the voidance of doubt, in the case of any conflict between these Terms and Conditions, and any other agreement, these Terms and Conditions will prevail over all or any of them.
Dr G K Gyan reserves the right to place any third party advertisements on the website at any time and without notice or consent of the user or without attracting any liability in this regard. Dr G K Gyan reserves the right to charge Dr G K Gyan account holders in the future with prior notice. Dr G K Gyan’s account holders are not, however, obliged to pay for such account membership retrospectively. Dr G K Gyan reserves the right to release professional responses in circumstances where a client has paid (or a professional has waived) the requisite fee owing to technical difficulties, if and when necessary. Dr G K Gyan reserves the right to limit account holders use of Dr G K Gyan accounts/dashboard/website features. Questions or comments regarding the website should be directed by electronic mail to Gyanendra@DrGyan.in.
The contents on the portal are provided by Dr G K Gyan for use by the online users as a quick reference of information about doctors, hospitals, pathology labs, health conditions and other healthcare services providers. The listing of the doctors, hospitals and other healthcare services providers on the portal is not intended as a tool for verifying the credentials, qualifications, or abilities of any person or organization. Inclusion in the Directory Listing does not imply recommendation or endorsement nor does omission in the Directory Listing imply disapproval. The Doctors in Dr G K Gyan’s medical panel are board-certified practitioners (Registered Medical Practitioners) in their respective countries and basis of documents of evidence provided by them during on-boarding of their services of them being a qualified medical professional.
Any information provided by Dr G K Gyan or their employees including the doctors on helpline (Video Consulting, Phone, Live Chat and Email, Short Messaging Service, WhatsApp, etc.) will be provided to general public and or its paying clients or free users (registered or unregistered) to simply help them make a more informed decision to the best of their knowledge and ability. Dr G K Gyan will not be responsible or liable in any manner whatsoever for any damages or any loss (including that of health, life, limb or livelihood) of any kind because of following the advice or instruction given by Dr G K Gyan, its employees, associates, contractors and online users or support staff.
The user is prohibited from republishing, selling, duplicating, or “scraping” for commercial or any other purpose whatsoever, the Directory Listing or any of the data and content or other information contained in the site, in whole or in part, in any medium whatsoever, and all such information and content posted on the site either by Dr G K Gyan or any user or anyone else authorized by Dr G K Gyan to this extension, shall form exclusive property of Dr G K Gyan.
The user also agrees to always seek the advice of a physician or other qualified health provider with any questions that he/ she may have regarding a medical condition. The user further agrees never to disregard professional medical advice or delay in seeking it because of something that has been read on Dr G K Gyan’s website or have had Live video consulting or online chat or phone call or Email communication or messaging exchange with a Dr G K Gyan’s team member or staff.
The Directory Listing, data, content and any other information is provided on an “AS-IS” basis. Dr G K Gyan disclaims all warranties, either express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose. Without limiting the foregoing, Dr G K Gyan does not warrant or represent that the Directory Listing, data, content and any other information or any part thereof is accurate or complete. The user hereby assumes full responsibility for all communications made by the user with any doctor or hospital or other healthcare services providers contracted by the user through the Directory Listing, available data, content and any other information or communication mediums. Further, Dr G K Gyan shall in no event be liable to the user or to anyone for any decision made or action taken by the user in the reliance on information provided on the portal of Dr G K Gyan. The user undertakes not to infringe upon or permit anyone to infringe upon any of the intellectual property rights of Dr G K Gyan in the website, in particular the data and content posted therein, and further undertakes to suitably compensate Dr G K Gyan in this regard for the loss or damage suffered by Dr G K Gyan due to the said infringement by the user and also indemnifies Dr G K Gyan to this effect.
The user undertakes to put Dr G K Gyan on notice, immediately upon coming to know of any infringement of the intellectual property rights of Dr G K Gyan, by any other user or by third parties.
Fair Usage Policy:
Dr G K Gyan reserves the right to suspend a user’s account if we detect unusual operations or malicious intention without any notice and no explanation is needed to be given by Dr G K Gyan to the user.
Dr G K Gyan will not be liable for any damages of any kind arising from the use of this website or video consulting or phone service or email communication, including, but not limited to, direct, indirect, incidental, punitive or consequential damages.
I have read, acquainted myself and understood the above mentioned terms and conditions and that by using the Dr G K Gyan website, online portal and platform and communication services of Video Consulting, Phone and Email services, Messaging, etc.