GENERAL TERMS AND CONDITIONS FOR THE USE OF YALLACARE’S WEBSITE
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 judgement resulting from (but not limited to) mental illness, mental handicap, intoxication, medication, or any other health or other problem that could impair judgement.
I acknowledge that Univision, Faridabad Haryana, India. is the owner/ proprietor of the domain name and website, “https://www.yallacare.com”(from now on referred to as, “the website” or "Yallacare" or "the site"). I also absolve professionals engaged by Univision, 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 medical second opinion (also referred at Yallacare as ''online doctor consultation'' or ''online doctor consult'' or "medical consultations" or "medical consults" or "health queries" or "queries" or "video consultations" or "video consults" or "phone consults" or "phone queries" or "phone consultations" or "video queries" or "direct query to a doctor" or "follow-up query" or "free query" or "paid query" or "common query" or "consultation" or "appointment"). 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 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.
For any medical emergency, I shall immediately contact the emergency number in my country.
Information or advice provided on the Site 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 Site constitutes the establishment of a doctor-patient relationship between me and any professional or person providing information or advice through the site. The site is not intended to diagnose a medical condition.
I understand and agree that Yallacare does not regularly review the posts on the Site (excluding, however, Yallacare's 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 those of the posters or any content or any answer do not necessarily reflect those of Yallacare, its owners, managers, directors, doctors, moderators, employees, agents, partners, advertisers or affiliates. Yallacare 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 Site 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, Yallacare and its owners, managers, directors, doctors, moderators, employees, agents, partners, advertisers and/ or affiliates from any legal responsibility for any incorrect or misleading information provided by any person professional or contained within the Site.
Yallacare may, without giving notice, delete any account or information contained on the Site 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 my physician or other qualified healthcare providers. Nothing on this Website should be used for treating or diagnosing a medical or health condition or for replacing any relationship with my physician or other qualified healthcare providers. The health information furnished on this Website and the interactive responses (if any) furnished by or through, this Website are 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 my 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(s) 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 consult). No medications, diet supplements or treatments as may be described on this Website shall be taken or begun without first consulting my physician or other healthcare providers.
I understand/ agree that Yallacare 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 I access the Site from outside India, I do so at my own risk and are responsible for compliance with the laws of my jurisdiction. Provisions relating to the liability of Yallacare 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. I shall always seek the advice of an attorney, physician financial professional or such other professional within my jurisdiction with any questions regarding a legal, medical or financial condition. I will never disregard professional legal, medical or financial advice or delay in seeking it because of information provided by a professional through the Site. If I think I may have a medical emergency, I shall call my doctor or emergency services immediately. Yallacare does not recommend or endorse any specific tests, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by any professional through the Site, Yallacare employees, others appearing on the Site at the invitation of Yallacare, or other visitors to the Site is solely at my own risk.
I agree that I will not use the Site to post any advertisement or other commercial messages. I further agree that I will not post or attempt to post any content whatsoever on the website of Yallacare, which to my knowledge 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 me to this effect, then upon receiving such complaint Yallacare can choose to delete any inappropriate posts as quickly as possible; however, the submissions are generally posted in real-time and are not reviewed by Yallacare before they are published to the Site. I also agree that my health queries/consultations can be released for public view.
I agree and affirm that I shall not ask or request for the contact information of any Medical Practitioners on Yallacare by using up your services and cannot hold Yallacare responsible for any sorts of communication that takes between me and the medical practitioners or professionals or the doctors on the site.
I agree and affirm that the Content (excluding all correspondence between me and any person or 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 Yallacare 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 Yallacare@Yallacare.com. Content and features on the Site, including these Terms and Conditions are subject to change or termination without notice in the editorial discretion of Yallacare. All rights not expressly granted herein are reserved to Yallacare and its licensors. If I violate any of these Terms and Conditions, then my right for Copyright Content is automatically terminated and I must immediately destroy any copy that I have of any portion of the Copyright Content, lest I shall be liable for infringement of copyright.
I agree that I shall use the Site on my own free will and shall not be guided in any manner including by way of any promotional emails, phone calls and advertisements from Yallacare and its affiliates and partners. The use of the Site and the Content is therefore entirely at my own risk. When using the Site, information will be transmitted over a medium which, in many cases, is beyond the control and jurisdiction of Yallacare and its suppliers. Accordingly, Yallacare 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. Yallacare, 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, Yallacare, 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 me through the use of the Site.
2. The compliance by Yallacare, 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 Site or requiring disclosure of information contained on the Site.
I agree that, to the fullest extent permitted by law, neither Yallacare , its licensors, its suppliers, nor any third parties mentioned on the Site shall, in any event whatsoever, be liable for any damages or legal disputes (including, without limitation, incidental and consequential damages, arbitration, personal injury/wrongful death, litigation, lost profits, or damages resulting from lost data or business interruption, including any computer virus, claim for disability benefits, claim for worker’s compensation and/or malpractice claims without the prior written consent of Yallacare) resulting from the use or inability to use, by the user, of the Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not Yallacare is advised of the possibility of such damages.
To the extent permitted by law, all legal claims if any, arising in connection with my use of the Site and any of its Content, shall be brought within thirty (30) days from the date of occurrence of the event giving rise to such action.
Yallacare 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, Yallacare is not responsible for the content of linked third-party sites, sites framed within the Site, or third-party advertisements, and does not make any representations regarding their legality, content or accuracy. I at my own risk is subject to the terms and conditions of use for such sites of the respective sites. Yallacare does not endorse any product advertised on the Site.
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 Centre, 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 Yallacare for the particular information or service provided on this Website or (ii) Rs.100 (Indian National Rupees) or the equivalent currency. Yallacare shall not be liable under any theory of indemnity. In no event shall Yallacare 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 Yallacare.com has been advised of the possibility of such damages. Yallacare 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. I am solely responsible for any damage to my computer system or mobile phone or tablet or loss of data that results from downloading any material from this Website.
I EXPRESSLY ACKNOWLEDGE AND AGREE THAT YALLACARE , ITS LICENSORS, SUPPLIERS AND BUSINESS PARTNERS ARE NOT RESPONSIBLE IN ANY WAY AND IN ANY MANNER WHATSOEVER FOR THE RESULTS OF MY DECISIONS RESULTING FROM THE USE OF THIS WEBSITE OR THE INFORMATION CONTAINED HEREIN, INCLUDING BUT NOT LIMITED TO, ME 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 consult, Live Chat, Email, Phone).
I agree that I am solely responsible for anything posted on the Site. I further agree to defend, indemnify, compensate and hold Yallacare, its officers, directors, employees, doctors, moderators, 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 my violation of these Terms and Conditions or any claims based upon my posts/submissions on the Site. I consent to abide by the spam policies and undertake not to forward unsolicited mails using the "Refer a Friend" feature from Yallacare server to any of my contacts without their prior consent. Failure to do so may result in cancellation of their account with Yallacare.
I also agree and state I have understand that the professionals that participate in the site may or may not be affiliated with, employed by or agents of Yallacare and that Yallacare 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, I shall conduct a prior independent research as to the accuracy of the credentials expressed in the Content.
I agree to pay an annual membership fee if applicable and the necessary consultation fee, pursuant to the schedule of memberships and fees set forth on the Yallacare. Yallacare 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.
I understand and agree that all consultations cancelled with less than 4 hours’ notice will be charged the full consultation amount, said amount to be as set forth on the Yallacare.
I understands that the content permissible to be typed in any query (direct query to a doctor, follow-up query or posting it as a paid query on common query system) should be less than 500 words and/or files attached in the query should be less than or equal to 5. The same rules apply for phone or video consultations (direct consultation to a doctor/follow-up consultation to a doctor/common consultation booking). Content typed more than 500 words and/or attachments more than 5 will be taken as another query/consultation and additional fee (the fee will be as same as the parent query/consultation) till it reaches another 500 words and 5 more attachments. I understand that this rule works in arithmetic progression. Example: A query or content having 1500 words and 5 attachments (or) even 500 queries with 15 attachments will be taken as 3 queries/consultation and thrice the fee of the parent query/consultation can be automatically deducted from my credit card or wallet balance or balance from Yallacare wallet of a client will automatically be deducted.
The calendar as seen on the Yallacare is based on Indian Standard Time (I.S.T.). If I am outside of the IST time zone, it is my responsibility, at the time of scheduling and at the time of attendance of their consultation, to accommodate for this difference.
REFUND POLICY :
Yallacare will not, under any circumstances, issue cash refunds or credits for early contract cancellation or refund payment for any consultation, once charged. If I have a question about charges made to my account, I shall contact Yallacare@Yallacare.com immediately. Even if the charges were made in error, Yallacare still has the sole discretion to credit the account or credit card account for the appropriate or corresponding amount. Yallacare has a zero-tolerance policy for charge backs. My dispute of a credit card payment that is found to be valid is subject to a fine, suspension and account termination subject to Yallacare’s discretion. Any charge back fees, past due fees and costs will be sent to collections.
If Yallacare's collection efforts fail, unpaid debts will be reported to all available credit reporting agencies. Booking and cancelling an consultation within 24 hours at any particular point of time will not allow refund of the Consultation fee.
Yallacare shall issue a full refund after the moderation team does an internal enquiry (after my complaint) to check the quality. However the decision to refund vests with Yallacare.
I expressly agree that the exclusive jurisdiction for any dispute with Yallacare, or in any way relating to use of the Site, resides in the courts of Faridabad, Haryana, India. I further agree and expressly consent to the exercise of personal jurisdiction in the courts of Coimbatore, India in connection with any such dispute including any claim involving Yallacare or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.
I understand that 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 a subsequent occasion.
These Terms and Conditions constitute the entire agreement between the parties and supersede all other agreements relating to this subject matter, and set out the complete legal relationship between Yallacare and me 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.
Yallacare reserves the right to place any third party advertisements on the Site at any time and without my notice or consent and without attracting any liability in this regard. Yallacare reserves the right to charge me in the future with prior notice. Yallacare reserves the right to release professionals’ responses in circumstances I have paid (or a professional has waived) the requisite fee owing to technical difficulties, if and when necessary. Yallacare reserves the right to limit account holders use of Yallacare Accounts. Questions or comments regarding the Site should be directed by electronic mail to info@Yallacare.com.
The contents on the portal are provided by Yallacare for use by the online users as a quick reference of information about doctors, hospitals 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 Yallacare disapproval. The Doctors in Yallacare medical panel are board certified practitioners (Registered Medical Practitioners) in their respective countries.
Any information provided by Yallacare employees including the doctors on helpline (video consulting, Phone, Live Chat and Email) provided to me to make a more informed decision. Yallacare 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 Yallacare employees, owners, directors, doctors, moderators, associates, contractors and online users.
I understand that I am prohibited from republishing, selling, duplicating, or "scraping" for commercial or any other purpose whatsoever, the Directory Listing or any of the data 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 Yallacare or any user or anyone else authorized by Yallacare to this extension, shall form exclusive property of Yallacare.
I also agree to always seek the advice of a physician or other qualified health provider with any questions I may have regarding a medical condition. I further agree never to disregard professional medical advice or delay in seeking it because of something that has been read on Yallacare’s website or have had Live video consulting or online chat or phone call or Email communication with an Yallacare team member including the Yallacare doctors.
The Directory Listing is provided on an "AS-IS" basis. Yallacare disclaims all warranties, either express or implied, including but not limited to the implied warranties of merchantability and fitness for particular purpose. Without limiting the foregoing, Yallacare does not warrant or represent that the Directory Listing or any part thereof is accurate or complete. I hereby assume full responsibility for all communications made by me with any doctor or hospital or other healthcare services providers contacted by me through the Directory Listing on Yallacare. Further, Yallacare shall in no event be liable to me or my friends or family for any decision made or action taken by me in the reliance on information provided on the portal of Yallacare.
I undertake not to infringe upon or permit anyone to infringe upon any of the intellectual property rights of Yallacare in the site, in particular the data and content posted therein, and further undertake to suitably compensate Yallacare in this regard for the loss or damage suffered by Yallacare due to the said infringement by me and also indemnifies Yallacare to this effect.
I undertake to put Yallacare on notice, immediately upon coming to know of any infringement of the intellectual property rights of Yallacare, by any other user or by third parties.
FAIR USAGE POLICY:
I understand that Yallacare does not allow an excessive number of free queries on a single health issue. Only one query from a similar health issue is allowed to be posted/consulted for free at Yallacare. And I agree that I shall follow-up by paying the fee set by the doctor for his/her answers. Also in my unlimited individual plan, I agree that I cannot post/consult for multiple queries of same health issue. Also if Yallacare detects that I use the account to post health issues of another person, my plan will be cancelled.
Also Yallacare reserves the right to suspend my account without any notice. And no explanation is needed by Yallacare to be given to me.
Yallacare will not be liable for any damages of any kind arising from my use of this site 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 Yallacare and/or Portal and the Video Consulting, Phone and Email services, I agree to the Terms and Conditions set forth above.