This website www.healboxx.com and its mobile application “HealBoxx” is owned by Wings And Dreamz Private Limited, a company incorporated under the Companies Act, 2013 with its registered office at 18, Ancheril House, Central Excise Colony, P.N. Pudur, Coimbatore, Tamil Nadu- 641041, India, operating under the brand name, Healboxx (“HEALBOXX”).
Your access and use of the HEALBOXX, its services and tools are governed by the following terms and conditions (“User Agreement”), Privacy Policy of HEALBOXX, and other policies, rules, code, conditions and guidelines of HEALBOXX (collectively referred to as “HEALBOXX Policies”) which may be issued by HEALBOXX from time to time and/or which are incorporated herein by way of reference, with or without prior notification. By mere use of the HEALBOXX, you are agreeing to comply with and be bound by the following User Agreement.
For the purpose of these User Agreement, wherever the context so requires “You” or “User(s)” shall mean any natural or legal person who visits, accesses, browses or uses HEALBOXX. The term “We", "Us", "Our", “Company” shall mean HEALBOXX and/or its assignees, employees and authorised representatives.
This document is an electronic record in terms of the Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
These User Agreement are published in compliance with and are governed by the provisions of Indian law (as amended from time to time), including:
- the Indian Contract Act, 1872;
- the (Indian) Information Technology Act, 2000 and the rules, regulations, guidelines and clarifications framed thereunder, including the (Indian) Information
Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011; - The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021,
And rules and guidelines framed thereunder. It is mandatory for You to Sign Up and register yourself with HEALBOXX as detailed hereunder to gain access to Our contents. However, access to certain premium features/services may only be available to Users with valid subscription(s). When You use HEALBOXX, You will be subject to the HEALBOXX Policies applicable to any service, and they shall be deemed to be incorporated into the User Agreement and shall be considered as part and parcel of the User Agreement. We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these User Agreement, at any time without any prior written notice to You. The changes or any modifications will be intimated to You within thirty (30) days of its updation and it is Your responsibility to review these User Agreement periodically for updates/changes. Your continued use of the HEALBOXX following the posting of changes will mean that You accept and agree to the revisions.
ACCESSING, BROWSING, DOWNLOADING OR OTHERWISE USING HEALBOXX INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE User Agreement, SO PLEASE READ THE User Agreement CAREFULLY BEFORE PROCEEDING.
1.Representation and Warranties:
By accessing or using HEALBOXX, You represent and warrant that:
- You are at least 18 years old;
- You have the lawful authority and capacity to contract and be bound by these User Agreement;
- If You are accepting these User Agreement on behalf of a company, limited liability partnership or any other legal entity (“Entity”), You have the authority to bind such Entity to these Terms and, in such event, “You” and “Your” as used in these User Agreement shall refer to such Entity;
- You agree to adhere to the laws, rules, Regulations, Circulars, Notifications, Guidelines, By-laws and Policies issued by the government authorities that are/may be applicable to You including but not limited to the laws of India, for the time being in force (“Laws”), at all times;
- You agree and acknowledge that HEALBOXX is an intermediary platform for the Users to locate and consult professionals including but not limited to Therapists, Psychologists, Psychiatrists, Life Coaches, Dieticians, Diet Consultants, Nutritionists, Naturopathy Practitioners, Image Consultants, Corporate Trainers etc. (“Professionals”) through in-built facilities like messaging, video conferencing facilities etc.
- You acknowledge that HEALBOXX does not deal with medical or psychological emergencies.
The “EMERGENCY” option on the home page of the HEALBOXX mobile application merely connects you with Suicide Prevention Helpline centres and HEALBOXX merely acts as a facilitator in connecting you with such centres. We are not designed to offer support in crisis situations including but not limited to situations when an individual is experiencing thoughts of self-harm or suicide, or is showing symptoms of severe clinical disorders such as schizophrenia and such other psychotic conditions. In these cases, in-person medical intervention is the most appropriate form of help. If you feel you are experiencing any of these difficulties, or if you are considering or contemplating suicide or feel that you are a danger to yourself or to others, we would urge you to seek help at the nearest hospital or emergency room where you can connect with a psychiatrist, social worker, counsellor or therapist in person. The same applies in-case of any medical or psychological health emergency.
2.Access and Use
HEALBOXX grants You a limited, personal, non-exclusive, non-transferrable and non-sub licensable right and access to use HEALBOXX, subject to the User Agreement and the following representations and warranties:
- You shall only access HEALBOXX using authorized and lawful means;
- HEALBOXX shall not be liable for any failure or default to provide access to the HEALBOXX on account of any failure or delay by You to register or subscribe with the HEALBOXX as the case may be for such access;
- Any configuration or set up of the Device for access to HEALBOXX shall be Your sole responsibility. “Device(s)” means a device, usually electronic, that processes data according to a set of instructions, which may include but not limited to workstations, personal computers, laptops, netbooks, personal digital assistants, tablets, and smartphones;
- We collect, store, process and use Your information in accordance with Company’s Privacy Policy. By using the Platform and/ or by providing Your Personal Information (as defined in the Privacy Policy), You consent to the collection and use of the information You disclose to Us, in accordance with the Privacy Policy;
- You acknowledge that HEALBOXX offers both free (such as facilitation to connect with suicide prevention, wellness centres under ‘EMERGENCY’ tab etc.,) as well as paid services for their Users. HEALBOXX shall not be responsible for the freely rendered services, unless otherwise provided under these User Agreement.
- HEALBOXX can only be accessed by signing up using Your mobile number and by providing all the other details necessitated by HEALBOXX. (“Sign Up”) After Signing Up with HEALBOXX and registering the necessitated details, You can log in and access Your profile/account (“Account”) using the login credentials.
- You are solely responsible to keep your login credentials and accessibility to Your Account, including but not limited to Your e-mail id, Your passwords, access to Your Devices etc., secure; You shall immediately notify HEALBOXX of any actual or suspected or unauthorised use or access of Your Account by any other User or Professional or any third parties. Although HEALBOXX shall not be liable for any of the consequential losses caused by any unauthorised use of Your Account, You may be held liable for the damage or loss caused to HEALBOXX or to its Users or Professionals or any third parties as the case may be, due to any unauthorised use of Your Account.
- You shall upload Your true and accurate profile information in Your Account, to enable Professionals to interact with You in HEALBOXX and for HEALBOXX to provide effective services to its Users and Professionals. However, in respect of modification or change or update of information that You wish to make in Your Account, HEALBOXX reserves its rights to verify, refuse or allow such modification or change or updation upon verification or authentication.
- You may choose to hide or display specific information in Your Account as facilitated by HEALBOXX. HEALBOXX shall not be liable for any fake, inactive, innaccurate, fraudulent, misleading, impersonating, non-existing Accounts created by Users or Professionals.
- You shall not knowingly include or use any false, inaccurate, incomplete, disintegrated or prohibited information while using HEALBOXX; You shall not take any action that interferes with, degrades or adversely affects the services and reputation of HEALBOXX;
- You shall not use HEALBOXX in a manner (i) that is prohibited or facilitates the violation of any Laws; or (ii) that shall disrupt the usage of HEALBOXX by any other Professionals or Users (iii) that violates or tampers or reasonably appears to violate or tamper with the programmed functioning and security of HEALBOXX;
- You shall not use HEALBOXX, for other purposes including but not limited to transmit, publish, post, upload, distribute or disseminate any inappropriate, harassing, abusive, defamatory, libelous, obscene, illegal or deceptive content as opposed to the applicable Laws;
- You shall not copy, modify, adapt, translate, store, transmit, publish, distribute, disseminate, or reverse engineer the information or the content available in HEALBOXX, without specific written authorization from HEALBOXX, that otherwise violates and infringes the rights of HEALBOXX in any manner whatsoever, in accordance with the applicable Laws;
- You shall ensure that HEALBOXX is not used to upload, post, transmit, or otherwise make available any content that contains a virus or any other form of malicious code or data that is likely or intended to have an adverse impact on HEALBOXX or any other software, hardware, services or data in and of HEALBOXX or provide unauthorized access of HEALBOXX, to Yourself or any other Professionals or Users or any third parties;
- You shall not attempt to gain unauthorised access to any User/Professional profiles/accounts, computer systems or networks connected to HEALBOXX, through hacking, or any other means, or obtain or attempt to obtain any materials or information through any means not intentionally made available to You;
- You shall not copy, modify, adapt, translate, or reverse engineer any portion of the HEALBOXX, its contents or materials and/or the services. You shall not access or use HEALBOXX to develop, or to assist anyone in developing competitive and/or similar services provided by HEALBOXX;
- You are prohibited from endorsing, publishing, soliciting, promoting, sharing, distributing, transmitting any posts, hyperlinks, invitations, offers, in any form, whether directly or indirectly, to the Users or other Professionals for any other purpose, inside or outside HEALBOXX, including but not limited to:
- Any unsolicited communications, messages, information for the purpose of collecting or disseminating information from the Users or Professionals etc.,
- Information relating to providing job opportunities; or
- Hosting/promoting/sharing information about or hyperlinks to any third party applications, softwares or events in HEALBOXX; or
- Hosting/promoting/sharing information about any product or service provided by You or any third parties or Users or Professionals
- Sharing of information that are sexual, prostitution, child/women trafficking and any such prohibited activities; or
- Sharing of information that are prohibited and are punishable under Indian Penal Code, 1860 or any other Laws for the time being in force; or
- Promotion of political party(ies), their agendas, their ideologies; or
- Promotion of any religion(s), religious sentiments, practices and activities
- Sharing Harmful Code (as defined under Clause 7(f) herein) to access, collect, copy, decipher, use, alter, transform, duplicate, modify, process, decompile, disassemble, frame, hot link, deep link or reverse engineer any information of the User or Professional or HEALBOXX, irrespective of the nature of the information and the purpose, affecting the rights or interests or security or privacy or reputation of the Users or of the Professionals or of HEALBOXX, whether directly or indirectly;
- Sharing information that is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
- Sharing of information that threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;
- And sharing any other information, documents, materials, contents that are unlawful, illegal, harmful, misleading, misrepresentative, infringing the rights including intellectual property rights and against the interests of other Users or Professionals or HEALBOXX.
You shall be solely responsible for (i) procuring and maintaining Your network connections and telecommunications links from Your systems to the Company’s data centres and (ii) all problems, conditions, delays, delivery failures and all other loss or damage arising from or relating to Your network connections or telecommunications links or caused by the internet;
You acknowledge that from time to time, HEALBOXX may introduce, insert, modify, alter, delete, post, update any data, information, services, contents, algorithm, features, facilities and/or any other information in HEALBOXX, whether for the purpose of fixing an error, bug or other issue in the HEALBOXX or enhancing the functionality of HEALBOXX (“Upgrades”) and that such Upgrades may result in changes in the contents, appearance and/or functionality of HEALBOXX. You may be required to install some of the Upgrades to HEALBOXX in your Device(s) in order to continue to access or use HEALBOXX, or portions thereof.
HEALBOXX has absolute rights over the contents and information You share or post or publish or disseminate or distribute in HEALBOXX though it does not and cannot review every such content or information made on the HEALBOXX. These User Agreement do not require HEALBOXX to monitor, police or remove any postings or other information submitted by any Professional or User and HEALBOXX shall not be responsible for any ensuing liability. However, You acknowledge that HEALBOXX may exercise its editorial/censorship rights over any posts, content or information shared by You, if the same are not consistent with these User Agreement and/or Privacy Policy and/or any other HEALBOXX Policies.
You are prohibited from using any engine, software, tool, agent or any Device or mechanism (such as spiders, robots, avatars or intelligent agents etc.) to navigate or search HEALBOXX;
You agree that HEALBOXX may contact you through telephone, email, SMS, or any other electronic means of communication for the purpose of:
- Obtaining feedback in relation to website or HEALBOXX’s services; and/or
- Obtaining feedback in relation to any Users listed or to be listed on the HEALBOXX; and/or
- Resolving any complaints, information, or queries by Professionals or other users etc.
And you agree to provide your fullest cooperation to further such communication by HEALBOXX, subject to these User Agreement.
You acknowledge that HEALBOXX shall not be liable directly or indirectly at any time, for any comments or feedback or ratings given by any of the Users in relation to the services or consultation provided by the Professionals.
HEALBOXX has discretionary rights to publish or modify or moderate or mask (where required by the Laws or as a norm or as a general practice etc.) the feedback or comments or ratings provided by the Users, as necessitated under circumstances, whenever HEALBOXX deems that such modification or moderation is necessary.
All communications transmitted through HEALBOXX, including without limitation the Company’s messaging services and audio-video calls shall be monitored and stored by HEALBOXX for quality assurance, training and other purposes. By accepting these User Agreement, You consent to any such monitoring and storage.
HEALBOXX follows strict confidentiality policy and You shall not directly or indirectly make use of or divulge, any information that is not in the public domain and intellectual property rights whether registered or not (including but not limited to logos, trademarks, know-how, patents, copyrights, trade secrets, design rights, rights relating to computer software, data, inventions, discoveries, source codes, designs, software programs, applications, database, flowcharts, depictions, summaries, materials, documentation, records, forms, compilations, executables, binaries, discussion notes, health records, messages, chats, diagnosis reports, therapy notes and any other industrial or intellectual property rights), relating to the Company or its Users or its Professionals or its personnel or its associates or its affiliates or its clients to any person, without express authorization from the Company at all times.
If you are family member, nominated representative or a care-giver as provided under the Mental Healthcare Act, 2017, and book an Appointment for therapy or psychiatric counselling or consultation of such kind, on behalf of/for the welfare of a User in HEALBOXX, you shall obtain explicit consent from the User in the form provided under Appendix-4 of the Telepsychiatry Operational Guidelines, 2020 published by Indian Psychiatric Society, & Telemedicine Society of India, and provide a copy of the same to HEALBOXX via _________. In the event that the User does not have the capacity to provide such consent, you shall provide a written undertaking capturing your consent agreeing to enrol the User for consultation(s), as provided under Appendix 1 and Appendix 2 of the Telepsychiatry Operational Guidelines, 2020. Before engaging in such a consultation, you shall provide a verified document establishing Your relationship with the User, and allow the Professional to examine the same.
You acknowledge that the User Agreement, Privacy Policy and HEALBOXX Policies, in addition to or in modification of these User Agreement, with all the amendments or modifications or Upgrades, shall bind You under all circumstances, without any further notice.
By accepting these User Agreement, You unequivocally agree not to act against the interests and reputation of HEALBOXX, in any manner whatsoever.
3. Mode of Operation:
HEALBOXX can be accessed and used by you by Signing Up and providing the necessitated details, including but not limited to your name, email ID, gender and a short description about yourself, as required/mandated by HEALBOXX. After signing up, you will be directed to the Home Page of the application where a list of the Professionals available will be displayed. Through HEALBOXX, You can book an appointment with the listed Professionals for consultation (“Appointment”) by choosing to connect with these Professionals through two options, namely ‘AUDIO CALL’ (audio-enabled voice call) or ‘VIDEO CALL’ (audio and video enabled call) facilities, as provided along with the profile description of each of the Professionals who may offer services such as psychological counselling, personality development, soft skill training, diet counseling, image consultancy, life coaching, etc. (“Calls/Services”).
You will be aided by ‘FILTER’ option available in the Home Page to choose the appropriate Professional, as it allows you to sort the Professionals based on their ratings, price, no. of consultants etc., as provided by HEALBOX. On finding the right Professional to suit your needs, You can book an Appointment with the respective Professional by choosing the options as described in the User Agreement Clause 3(a) above, available under the Professional’s profile.
The Appointment shall be confirmed only upon the payment of the quoted fee as shown, while choosing the Services. Such payment can be made through the ‘WALLET’ option available in the side panel of HEALBOXX, wherein you can recharge Your Account in the HEALBOXX for the purpose of availing the Services (“Wallet”), through the payment gateway namely, Razorpay, by entering the payment sum and clicking the ‘RECHARGE’ option. Once Your Wallet is recharged, the sum can be utilised to avail the Services of HEALBOXX, as and when required.
Your Wallet can be recharged any number of times and when there is no sufficient balance in Your Wallet, You will not be able to avail the Services of specific/all the Professionals, as the case may be.
On booking the Appointment, You will be notified about the time and duration of the Appointment along with the other necessary details relating to the said appointment, which can be accessed through the ‘NOTIFICATIONS’ option available in the side panel of the HEALBOXX. Accessing the NOTIFICATIONS will keep you posted withl the notifications about a specific Appointment such as a reminder before the scheduled timings of the Appointment, the status of the appointment, etc.
You can also access the details of your appointments by clicking on the ‘APPOINTMENTS’ option and can access the history of both AUDIO CALLS and VIDEO CALLS through ‘CALL HISTORY’ option, available in the side panel of the HEALBOXX.
Your Appointment may be cancelled by the Professionals or by the HEALBOXX, due to their non availability for various reasons. Upon cancellation of the Appointments and upon intimation by the Professionals, HEALBOXX will notify You about the cancellation at the earliest.
If the Professionals, after confirmation of the Appointment, cancels the Appointment or could not attend to or complete the rendering of the Services availed during the scheduled Appointment and provide consultation to You, You can always raise a complaint to the Grievance Redressal Officer, whose details are provided under the User Agreement Clause 12.
Any fee/sum paid by You in pursuance of confirmation of Appointment shall be credited to your Wallet (without any interest), within 7 days of cancellation of Appointment or within 7 days from the scheduled date of Appointment by the Professionals, provided the cancellation of Appointments or inability/non completion of rendering of Services are solely attributable to the Professionals and/or HEALBOXX. The Professionals shall be solely responsible to initiate any such refund of fee/sum received from the Users. In case of failure of the Professionals to refund any such fee/sum within the stipulated timeline, complaint may be raised to the Grievance Redressal Officer, whose details are provided under the User Agreement Clause 12, who shall look into the issue and resolve the same, within a reasonable period of time.
The Professionals shall be solely liable for any consequential loss or damage, whether direct or indirect and shall indemnify Users as well as HEALBOXX through monetary and other means, upon cancellation of Appointment under User Agreement Clause 3(g) or upon inability to render consultation under User Agreement Clause 3(h) subject to User Agreement Clause 3(i).
The User may cancel an Appointment twenty four (24) hours prior to the time of scheduled consultation. In the event of such a cancellation, the payment made by the User towards the confirmation of the Appointment shall be wholly or partially refunded, at the sole discretion of the HEALBOXX. However, for the purposes of clarity, any cancellation by the User, twenty four hours prior to the Appointment may be eligible for a full refund and any cancellation by the User twelve hours prior to the appointment may be eligible for a partial refund, at the discretion of HEALBOXX.
You hereby acknowledge that Professionals or HEALBOXX shall not be held liable for cancellation of Appointment from Your Device, other than under User Agreement Clause 3(k) or Your inability to attend or complete the consultation during the scheduled Appointment and no refund shall be processed in this regard.
In respect of Your consultation with the Professionals, You may share any relevant written consent, audio-notes or video clips or any such information with the Professionals listed in the platform, in an acceptable and legitimate form and manner, in accordance with the applicable Laws, through and/or as directed by HEALBOXX only. HEALBOXX shall not be liable for any actions or consequences arising out of or in relation to sharing of such information to the Professionals, outside the HEALBOXX app, without any authorisation from HEALBOXX.
You acknowledge that HEALBOXX is merely an aggregator platform for Users to consult various Professionals listed in HEALBOXX, with an objective to provide better access to mental healthcare facilities and avail such services. HEALBOXX does not provide a platform for any consultation or advice or diagnosis or opinion or treatment of issues other than mental healthcare.
Any User with severe health or mental health issues, who require physical consultation, diagnosis and treatment at regular intervals shall not be treated and are prohibited from consulting the Professionals through HEALBOXX.
The credibility of the User and any information provided by or collected from such Users will be verified by the Professionals and HEALBOXX shall preserve and maintain the confidentiality of all such information.
No physical examination, whatsoever, will be conducted by the Professionals through HEALBOXX and Users will not be prescribed any medication or treatment, unless otherwise the Professionals are authorised under the respective Laws to do so.
You shall not record the Calls in any manner whatsoever including but not limited to taking screenshots during the Calls, voice or video recording during the Calls etc. You are prohibited from obtaining personal details of the Professionals including but not limited to their contact details, email ID, address, etc., during the course of Your Appointment and consultation with the Professionals.
In the event of the inability of a Professional to complete the consultation as per the duration for which the Appointment was booked, on account of unforeseeable reasons including but not limited to poor network issues, malfunction in communication Devices etc., and/or for any other reasons attributable to the Users, the Users shall not claim any refund/compensation from HEALBOXX, at any point in time. However, the User may raise a complaint to the Grievance Redressal Officer, whose details are provided under the User Agreement Clause 12.
The information relating to Your consultation including but not limited to the notes, materials, compilations, medical and health reports/records given by or obtained by the Professionals would be uploaded against Your respective Accounts by them, immediately or within 10 hours after each consultation, for the ease of access and perusal. In essence and context, all such uploaded information including but not limited to the facts, language used, observations made, treatment and diagnosis/advice/opinions given, corrections/modifications/ statements made shall be the sole responsibility of the Professionals and shall relieve and indemnify HEALBOXX of any liability arising in relation to the same.
You shall dress in a professional/formal attire during video appointments. Any attempt to abuse the Professionals through verbal or any other means, with or without sexual intent is punishable under law and Healboxx reserves the right to initiate any action before the appropriate forum for any such behaviour.
You shall be solely responsible for any disruptions during the Calls attributed to the maintenace of Your device, lighting conditions in Your surroundings, network issues, interruptions and such other factors that may influence or affect the quality of the Calls. Healboxx shall not bear any liability or address any consequences that You may face as a result of such disruptions.
HEALBOXX shall not be liable for any issues or concerns or problems arising in or outside HEALBOXX in relation to
i.Lack of professional or personal ability or qualification of the Professionals offering their Services in HEALBOXX;
ii.The correctness/quality of advice/consultation provided by Professionals to You;
iii.Actions/inactions/omissions/negligence/malpractice/any violation of Laws by the Professionals
HEALBOXX shall not be responsible in any manner for the authenticity of the personal information or any other information provided by the Professionals through HEALBOXX.
In addition to the above features and facilities of HEALBOXX, HEALBOXX provides for an online content platform named ‘Health feed’ available on its website, wherein Professionals or Users can log in to their Account and post health and wellness-related content, subject to these User Agreement and any other terms as prescribed by HEALBOXX.
HEALBOXX may provide such other services on a subscription basis, and You shall read the appropriate terms and conditions before making the subscription. HEALBOXX shall not be liable for any kind of damages, owing to Your negligence or ignorance of the appropriate terms and conditions as well as ignorance or non-observance of these User Agreement.
You hereby agree to cooperate with HEALBOXX, at all times, for the purpose of providing/sharing any information, feedback, data, materials etc., for the purpose of providing ethical, effective and uninterrupted Services in HEALBOXX.
You hereby consent and authorize HEALBOXX to record, study, process, compile, disclose and share the necessary and relevant data to third parties or on social media, pertaining to Your preference, consultation and/or Your feedback/posts/ratings, for the purpose of providing ethical, effective and uninterrupted Services in HEALBOXX.
4. Geographic Limitation:
You may access the services or other features on the HEALBOXX from only within the geographical territory of India and other geographical locations where HEALBOXX offers the same on account of the applicable Laws imposed by concerned statutory authority. HEALBOXX may use any kind of technologies, programming or data to verify and track Your geographic location.
5. Links to other Sites
• HEALBOXX may contain links to other websites or software or mobile applications controlled by parties other than the Company. You acknowledge that the Company is not responsible for and does not endorse the contents or access or use of these websites or software or mobile applications.
6. Public posts and Rating
As a User of HEALBOXX, You agree to use careful, prudent, and good judgment when leaving feedback or rating for other users of the HEALBOXX. In the event that the feedback or rating violates these User Agreement, or is inappropriate or violates propriety or privacy of another user, or in violation of any applicable Laws or HEALBOXX Policies, the Company, in its sole discretion, may delete Your feedback or rating or any of your details; and/or report to law enforcement authorities any actions that may be illegal.
When legally required or at the Company’s discretion, the Company may initiate investigation or raise complaints before appropriate forums of alleged illegal activity on HEALBOXX.
Reporting inappropriate use of feedback or rating: You may contact the Grievance Redressal Officer (as provided under Clause _______ of these Terms), regarding any inappropriate use of feedback or rating or other details.
The Company does not and cannot review every posting made on the HEALBOXX. These User Agreement do not require the Company to monitor, police or remove any postings or other information submitted by You or any other User and the Company shall not be responsible for any ensuing liability.
7. Intellectual Property Rights:
You hereby acknowledge that any and all intellectual property rights (including but not limited to all trademark, copyright, patent, service marks, domain name etc.) and other proprietary rights in and in relation to HEALBOXX and the contents provided therein, including without limitation any compilation, data, materials, articles, drawings, depictions, explanations, health records, call records, derivatives, improvements or modifications which ownership is directly attributable to the Company (expressly excluding any personal information, intellectual property which belongs to a third party) and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by You or any other Professional or Users or third parties relating to HEALBOXX or its service providers (“Intellectual Property Rights”) shall vest wholly, completely, and fully with the Company throughout the territory of the world and You shall not directly or indirectly infringe Intellectual Property Rights and have no right or claim to the Intellectual Property Rights in any manner whatsoever.
HEALBOXX respects the Intellectual Property Rights of others and expects you to do the same. At HEALBOXX’s discretion and in appropriate circumstances, HEALBOXX may remove Your Content submitted to the Site and/or terminate Your Account or prevent/restrict Your access to the Site, in case of any allegation or proven case of infringement of Intellectual Property Rights against You.
In case of any suspected infringement of Intellectual Property Rights in HEALBOXX and/or outside HEALBOXX, but pertaining to its operation and services, You agree that You shall report immediately to the Grievance Redressal Officer whose details are provided in the User Agreement Clause 12, without further delay.
8. Disclaimer of Warranties and Liabilities:
You understand and agree that the Company provides HEALBOXX on an 'as-is' 'with all faults' and 'as available' basis. You agree that use of HEALBOXX is at Your risk. All warranties including without limitation, the implied warranties of merchantability and fitness for a particular purpose for title and non-infringement are disclaimed and excluded.
No representations, warranties or guarantees whatsoever are made by the Company as to the (1) accuracy, adequacy, reliability, completeness, suitability or applicability of the information to a particular situation; (2) that the features will be uninterrupted, timely, secure, or error-free; (3) the quality of any services, content, information, or other material on the HEALBOXX will meet Your expectations or requirements; (4) any errors in the HEALBOXX will be corrected; (5) warranties against infringement of any third party intellectual property or proprietary rights; or (6) other warranties relating to performance, non-performance, or other acts or omissions of the Company, its officers, directors, employees, affiliates, agents, licensors, or suppliers.
The Company does not make any representation or warranty regarding the reliability, accuracy, completeness, correctness, or usefulness of third party content, and disclaims all liabilities arising from or related to third party content.
The Company does not guarantee the credibility of the information provided by the Professionals and availability of the Professionals for Appointment/consultation over any period of time.
The Company does not warrant that any of the software used and or licensed in connection with the HEALBOXX will be compatible with other third-party software or devices nor does it warrant that the operation of the HEALBOXX and the associated software will not damage or disrupt other software or hardware.
Notwithstanding anything contained elsewhere in these User Agreement, in no event shall the Company be liable to You or anyone claiming under You for any costs or loss incurred or suffered by You or anyone claiming under You, including but not limited to any special, exemplary, consequential, incidental, punitive or indirect damages on any theory of liability, whether in contract, tort (including without limitation negligence), strict liability or otherwise. In no event or circumstance will the Company be under any liability to make good any loss whether by way of any monetary payment or otherwise.
The Company does not provide any assurance or warranty that, access to HEALBOXX will always be available; the functionality, operations and Services of HEALBOXX will be uninterrupted; the operation of HEALBOXX will be error-free; or that the servers of HEALBOXX shall never be attacked by viruses or other harmful components.
The Company or anyone else involved in administering, distributing or providing the services of HEALBOXX further explicitly disclaims any and all liability for any mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, computer viruses or other harmful, disabling computer code, computer instructions, circuitry or other technological means whose purpose is to disrupt, damage or interfere with any computer and communications facilities or equipment ("Harmful Code") that may be transferred to Your Devices when accessing the HEALBOXX. By way of clarification, Harmful Code shall include, without limitation, any code containing viruses, Trojan horses, spiderbots, worms or similar destructive code or code that was intentionally written to self-replicate. You are advised to obtain and use appropriate anti-virus and security software and to take all other appropriate measures to safeguard the integrity of Your Devices.
We collect, store, process and use Your information in accordance with Company’s Privacy Policy. By using the Platform and/ or by providing Your Personal Information (as defined in the Privacy Policy), You consent to the collection and use of the information You disclose to Us, in accordance with the Privacy Policy;
To the maximum extent permitted under applicable law, in no event will Healboxx or any of its affiliates have any liability to you or your affiliates, under any legal or equitable theory, whether in contract, tort (including, without limitation, negligence), product liability, statute or otherwise, for or in connection with this User Agreement or with respect to the HEALBOXX Policies.
9. Indemnification:
Notwithstanding anything provided under these User Agreement or under HEALBOXX Policies, You agree that You shall defend, indemnify and hold the Company, its directors, shareholders, officers, technicians, other content/service providers and other representatives harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with: (1) Your access to HEALBOXX, (2) Your use of the services/features/facilities of HEALBOXX, or (3) Your violation or breach of these User Agreement or any applicable Laws; (4) Your violation of any Intellectual Property Rights of any Professional or User or third party; or (5) Your misrepresentation, negligence, fraudulent or criminal activities in connection with the usage of HEALBOXX (6) any and all third-party claims based upon the content of any communications transmitted by You.
Notwithstanding anything provided under these User Agreement or under HEALBOXX Policies, You agree that You shalll not commence, maintain, initiate, or prosecute, or cause, encourage, assist, volunteer, advise or cooperate with any other person to commence, maintain, initiate or prosecute, any action, lawsuit, proceeding, charge, petition, complaint or claim before any court, agency or tribunal against HealBoxx or any of the other matters discharged and released in this Agreement. You also agree that if You, or someone acting on your behalf, should file, or cause to be filed, any such claim, charge, complaint, or action against HealBoxx, You expressly waive any and all rights to recover any damages or other relief from Healboxx including, without limitation, costs and attorneys’ fees.
10. Termination:
These User Agreement will continue to apply until terminated by either You or Us as set forth below:
- Termination by You: If You wish not to be bound by these User Agreement, You may terminate your relationship with Us by deactivating Your Account and stop accessing and using HEALBOXX. Please note that deactivating Your Account does not delete any or all posts, feedbacks, comments, and messages from your Account. You will need to delete them personally if you decide to do so.
- Please note that deactivating Your Account does not delete any or all posts, feedbacks, comments and messages from Your Account as the said information belong to HEALBOXX. HEALBOXX owns the right to store, retain, modify, alter, use, transmit, publish, disseminate, distribute, remove or delete the said contents in manner and purpose, as decided by HEALBOXX.
- Termination by Us: The Company may at its discretion and at any time with or without notice, terminate Your Account or suspend the User Agreement, restrain or limit the usage of certain features or services, with or without cause if: (i) HEALBOXX is unable to verify or authenticate any information provided by You or (ii) You breach any of the provisions of these User Agreement, the Privacy Policy or any other laws, anywhere in the world, that may be applicable to You; or (iii) Company is required to do so in accordance with or in pursuance of Your violation of, applicable Laws; or (iv) HEALBOXX has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of You or on account of any of Your activity suspected to be against the interests of any User or Professional or HEALBOXX (iii) Company has elected to discontinue, with or without reason, access to HEALBOXX (or any part thereof) either in general or specifically to You.
The Company shall not be liable to You or any third party for any such termination.
11. General:
To the extent that anything in or associated with HEALBOXX is in conflict or inconsistent with these User Agreement, these User Agreement shall take precedence and prevail. Our failure to enforce any provision of these User Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under these User Agreement shall survive any discontinuance of the access or use of HEALBOXX.
If any provision of these User Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.
Any notices to You from the Company regarding HEALBOXX or these User Agreement will be posted on HEALBOXX or sent to You through Your registered e-mail.
Governing Law: These User Agreement shall be governed and construed under the laws of India, without any reference to its conflict of law rules and the Courts of Coimbatore, TamilNadu shall have exclusive jurisdiction.
In case of any disputes or differences between the Users and HEALBOXX, the same shall be resolved by Conciliation under Arbitration and Conciliation Act, 1996. If the said disputes or differences are not settled by Conciliation, the Parties shall resolve them by Arbitration under Arbitration and Conciliation Act, 1996. The seat of arbitration shall be at Coimbatore, TamilNadu and the language of arbitration shall be English.
12. Grievance Redressal:
12. Grievance Redressal:
We encourage You to contact Us, the HEALBOXX Officer vide the below indicated contact details (as provided in accordance with Information Technology Act, 2000 and any Rules made thereunder) if You have any questions concerning our User Agreement or the HEALBOXX or any other queries or grievances or clarifications in relation to the User Agreement or access/usage of HEALLBOXX.
Grievance/Nodal Officer:
Ms. Nancy Kurian,
M/s. Wings And Dreamz Private Limited,
Address: 18, Ancheril House, Central Excise Colony, P.N. Pudur, Coimbatore, Tamil Nadu- 641041, India.
Contact Number: +91-9788930303
Email ID: info@healboxx.com
Lodge Your complaints at (portal address): www.HEALBOXX.com/contact_us