This website, www.drbatras.com ("Website") is owned and managed by Dr. Batras' Positive Health Clinic Private Limited ("DBL"). It is clarified that the term 'DBL' shall include its affiliate and associate companies, directors, officers, employees or cyber doctors. All references to the Website shall be deemed to mean a reference to DBL and vice versa, as the context may require. Except as stated herein, DBL is the sole owner of all information and content provided on the Website. Any person accessing the Website and/or availing of the services provided by DBL through the Website shall be referred to as "the User".
Information on the Website
In spite of the DBL's best efforts, the information on the Website may become outdated although, efforts will be made to correct the errors and keep the content updated. Also, the information and materials on the Website are provided on "as is" basis. DBL will make best possible endeavours to provide satisfactory, accurate and useful information as a response to any query. DBL offers online resources designed to provide health, medical, and product-related information and services such as chat with doctor, online discussion forums, communities, counselling services, phone consultations and e-mail communication etc. The content on the Website and the advice of the DBL's cyber doctors is not intended to be, nor is it a substitute for professional medical advice/attention, diagnosis or hands on treatment. In the event that the User finds an error or omission at this site it may inform the Website of the same.
The content on the Website and the advice of DBL's cyber doctors is not intended to be, nor is it a substitute for professional medical advice/attention, diagnosis or hands on treatment. Further, the Website and its facilities are not intended to replace a doctor's judgment or the care and treatment that only a qualified healthcare provider may give upon due clinical examination of symptoms and/or co-relation of reports with such examination. The User shall provide full and complete information pertaining to the ailment (including but not limited to the User's medical history). The DBL shall be entitled to presume that the said information provided by you is true and correct.
DBL does not (expressly or impliedly) guarantee the accuracy, integrity or quality of any information, response advice or medicines prescribed/ sold to you. DBL shall not be bound in any manner by any information contained on the Website.
Usage of the Website
The User shall not under any circumstances whatsoever use the Website to send or post any messages or any material that is defamatory, unlawful, abusive, harassing, indecent, harmful, threatening, vulgar, obscene, sexually orientated, racially offensive, profane, pornographic or violates any applicable law. The User understands that the Website may not be accessible or access may be interrupted due to technical difficulty or otherwise. DBL is not and shall not be responsible for any delay/ failure by the User to access the Website and/or any error/ omissions owing to such delay/ failure.
The User expressly agrees and permits DBL to contact him/her via the contact number / e-mail addresses provided, from time to time for promotions, feedback, surveys that may be carried out by DBL.
The User has voluntarily chosen homeopathic medical treatment. The User is aware of and understands the negative & positive side effects, expectation of improvement in health and the period of reasonable treatment.
DBL may in its sole discretion be entitled to block / deny access to any person under any circumstances whatsoever, without giving any prior notice.
The User understands and agrees that the services furnished by DBL shall commence on payment of fees for premium services. DBL shall be entitled to terminate the services furnished to the User in case of non-payment or delay or payment.
DBL provides certain services such as bulletin boards, discussion forum, chat rooms and other interactive areas ("Interactive Areas") on the Website.
DBL reserves the right (but is not obligated) to edit or delete any communication posted on the Website, regardless of whether such communication violate these standards for content or for any other reason whatsoever.
The views expressed by the users of the Website (including but not limited to the Interaction Areas) are that of the users and DBL does not subscribe to or agree with the contents therein in any manner whatsoever. DBL cannot and does not assume any responsibility for any actions or omissions of third parties, including other website users and the manner in which they might use information received from DBL.
Intellectual Property Rights
DBL is solely entitled to the trade marks, names, logos and service marks, copyrights and all other intellectual property rights including but not limited to the software, application, graphics, text and other materials used therein. Nothing contained on the Website should be construed as granting any licence or right to use any trade mark without the prior written permission of DBL. Any other material displayed on the Website that is capable of being protected as intellectual property shall be the property of DBL and nothing contained on the Website should be construed as granting any licence or right to use any such material without the prior written permission of DBL.
Third party websites
DBL expressly disclaims any responsibility with respect to the completeness, accuracy and fitness of the responses given vide the Website (through e-mail or otherwise). No warranty or representation of any kind, express or implied, is given by or on behalf of DBL that the responses to the queries, shall be appropriate, secure, reliable and free-from-error.
DBL shall not be liable for any negligence (including gross negligence), loss, injury or damage (including without limitation direct, indirect, consequential, special, exemplary or punitive loss, injury or damage) suffered by anyone on account of the use/performance of the information, response, advice furnished to you (via e-mail or otherwise), any action or lack of action by the User and/ or medicines prescribed/ sold to the User. DBL's liability shall not under any circumstances whatsoever exceed Rs.1,00,000 (Rupees One Lakh only).
DBL shall not be responsible in case of any false/ misleading information/ statement made by the User during any sort of interaction with the DBL or the Website.
Please note that health is the result of many factors, some of which are not yet fully understood and therefore it is important to rely only on the advice of a health care professional to advice on any specific condition/situation. The results and duration of treatment may vary depending on the constitution of the human body. The response to any query should not be relied upon as suggesting a course of treatment and it can not replace/substitute regular medical check-ups in any manner whatsoever.
The User indemnifies and shall hold safe harmless indemnified DBL against any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the Website use of its services, in any manner whatsoever.
Sharing of User information
No delay, forbearance or indulgence in exercising or omission to exercise any right, power or remedy accruing to DBL upon any default by the User shall impair any such right, power or remedy or shall be construed to be a waiver thereof or any acquiescence to such default, nor shall the action or inaction of the Investor in respect of any acquiescence by them in any default, affect or impair any right, power or remedy of the Investor in respect of any other default.
If any dispute, difference, claim or question shall at any time arise between DBL and you, in relation to the use of the Website (in any manner whatsoever) such dispute, difference, claim or question shall be referred to arbitration. DBL and you shall mutually appoint a sole arbitrator. Such arbitration shall be held in accordance with the provisions of the Arbitration and Conciliation Act, 1996 or any statutory modification or re-enactment thereof. The venue of arbitration shall be Mumbai and the proceedings shall be in the English language.
Governing Law and Jurisdiction
These Terms of Service shall be governed by the laws of India and the courts in Mumbai shall have exclusive jurisdiction.
Should the User have other questions or concerns about these Terms of Service, the User should write to DBL's registered office at 2nd Floor, H. Kantilal Compound, Andheri - Kurla Road, Sakinaka, Andheri (E), Mumbai - 400071, Maharashtra, India, or call us at +91.22.3955.4800, or send an e-mail to firstname.lastname@example.org
Acceptance by User
In the event that the User is not 18 years old or is incapable of entering into a contract under the Indian laws or other countries including the country in which the User is resident or from which the User uses the services available on the Website. The User agrees that it is acting on its free will and consents to the contents herein.
The User can accept and agree to the Terms of Service by clicking on 'I accept'.