Overview
We provide services to all individuals accessing or using Mahanandan Super Speciality Hospital websites including mobile applications, together termed as Website, subject to the notices, terms, and conditions set forth in these Terms and Conditions ("Agreement"), read with the Privacy Policy available here.
The users of the Services (jointly and severally referred to as “you” or “User” or “Users” in these Terms and Conditions). By accessing or browsing the Website and using the Services (as defined below), you indicate your agreement to all the terms and conditions in this Agreement. If you disagree with any part of the Terms and Conditions, then you may discontinue access or use of the Website.
Mahanandan Super Speciality Hospital provides the Services in partnership with its agents, affiliates, associates, representatives or other third parties (together referred to as “Partners”).
1. Nature and Applicability of Term
Please carefully go through these Terms and Conditions (“Terms”) and the Privacy Policy available at the Mahanandan Super Speciality Hospital Website before you decide to access the Website or avail the Services made available by us.
These Terms and the Privacy Policy together constitute a legal agreement (“Agreement”) between you and Mahanandan Super Speciality Hospital in connection with your visit to the Website and your use of the Services.
The Agreement applies to you whether you are:
- A patient, his/her representatives/attendant/relative/friend or affiliates (“you” or “User”); or
- A user of the Website (“you” or “User”).
This Agreement applies to all services made available by Mahanandan Super Speciality Hospital on the Website. The Services may change from time to time at the sole discretion of Mahanandan Super Speciality Hospital, and the Agreement will apply to your visit to and use of the Website to avail the Service, as well as to all information provided by you on the Website at any given point in time.
This Agreement defines the terms and conditions under which you are allowed to use the Website and describes how we shall treat your account while you are registered as a member with us. If you have any questions about any part of the Agreement, feel free to contact us at info@mahanandanhospital.com.
By downloading or accessing the Website to use the Services, you irrevocably accept all the terms and conditions stipulated in this Agreement and agree to fully abide by them.
This Agreement supersedes all previous oral and written terms and conditions (if any) communicated to you. By availing any Service, you signify your agreement and acceptance of this Agreement.
We reserve the right to modify or terminate any portion of the Agreement for any reason and at any time. You should read the Agreement at regular intervals. Your use of the Website following any such modification constitutes your agreement to follow and be bound by the Agreement so modified.
Any additional terms and conditions, disclaimers, privacy policies, and other policies applicable in general and/or to specific areas of this Website or to particular Services are also considered part of this Agreement.
You acknowledge that you will be bound by this Agreement for availing any of the Services offered by us. If you do not agree with any part of the Agreement, please do not use the Website or avail any Services.
Your access to and use of the Website and the Services will be solely at the discretion of Mahanandan Super Speciality Hospital. The Agreement is published in compliance with and is governed by the provisions of Indian law, including but not limited to:
- The Indian Contract Act, 1872
- The (Indian) Information Technology Act, 2000
- The rules, regulations, guidelines and clarifications framed under the above acts, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”).
2. Conditions of Use
You must be 18 years of age or older to register, use the Services, or visit or use the Website in any manner. By registering, visiting and using the Website or accepting this Agreement, you represent and warrant to Mahanandan Super Speciality Hospital that you are 18 years of age or older, and that you have the right, authority and capacity to use the Website and the Services available through the Website, and agree to and abide by this Agreement.
3. End-User Account and Data Privacy
- The terms “personal information” and “sensitive personal data or information” are defined under the SPI Rules, and are reproduced in the Privacy Policy.
- Mahanandan Super Speciality Hospital and its Partners may, via the Services, collect information relating to the devices through which you access the Website, location from which you access, and anonymous data of your usage. This information is used only to improve service quality and develop new features.
- The Website allows Mahanandan Super Speciality Hospital and its Partners to access Users’ personal email or phone numbers for communication and analytics.
The Privacy Policy outlines:
- The type of information collected from Users, including sensitive personal data;
- The purpose, means, and modes of usage of such information;
- How and to whom Mahanandan Super Speciality Hospital will disclose such information; and
- Other information mandated by the SPI Rules.
Users are expected to read and understand the Privacy Policy to be aware of:
- The fact that certain information is being collected;
- The purpose for which it is collected;
- The intended recipients of the information;
- The nature of collection and retention;
- The rights available to Users in respect of such information.
- Mahanandan Super Speciality Hospital and its Partners are not responsible for the authenticity or accuracy of the personal or sensitive data provided by the User.
- Users are responsible for maintaining confidentiality of their account credentials and all activity on their account. Notify Mahanandan Super Speciality Hospital immediately of any unauthorized use. Although the hospital will not be liable for such losses, you may be liable for any loss incurred by others.
- If any information provided is found to be false, outdated or incomplete, Mahanandan Super Speciality Hospital reserves the right to discontinue Services to the User at its sole discretion.
- It is your responsibility to keep your mobile number and email address updated on the Website. Notifications will be sent to the registered contact information. Mahanandan Super Speciality Hospital is not liable for issues due to outdated details.
- Information collected may be used for debugging customer support-related issues.
- The Hospital may offer chat, SMS, WhatsApp, Telegram, video call, or voice call services. These may be recorded and stored for compliance with the Privacy Policy. The Hospital and its Partners are not liable for misuse of such services.
Personal Health Record Facility
- This feature is activated only upon explicit acceptance of these Terms by the User.
- Two types of data exist:
- Patient-created: Information you upload or add.
- Hospital-created: Information generated through hospital services (e.g., diagnostics, consultation, admission).
- Hospital-created information is provided "as-is" with no representations.
- The accuracy and integrity of patient-created information is solely your responsibility. You agree to indemnify the hospital and its partners from any related issues or liabilities.
- The health record service is provided on a best-effort basis. The hospital is not liable for service interruptions.
- Health-related reminders (e.g., medication, appointments) are supplementary notifications. Mahanandan Hospital is not liable for any delay, failure, or impact due to these reminders.
- If you link your dependent’s record to your account, you accept full responsibility for managing their data and complying with relevant terms.
- If you grant others access to your health record, you are fully responsible for their actions, data handling, and usage. The Hospital bears no liability for consequences arising from third-party access.
4. Listing Content and Disseminating Information
- Mahanandan Super Speciality Hospital collects, directly or indirectly, and displays on the Website relevant information regarding the profile and practice of Practitioners listed on the Website such as their specialisation, qualification, fees, location, visiting hours, and similar details. Reasonable efforts are taken to update this information frequently. However, Mahanandan Super Speciality Hospital is not liable for any inaccuracies or incompleteness despite such efforts.
- The Services provided by Mahanandan Super Speciality Hospital or its licensors or Partners are offered on an "as is" and “as available” basis without warranties or conditions of any kind (express or implied). These include implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. The Hospital and its Partners do not warrant the accuracy or completeness of content or information on the Website and disclaim all liabilities arising from reliance on such content.
- The Website may contain links to apps or websites of third parties, affiliates, and business partners. Mahanandan Super Speciality Hospital does not control and is not responsible for the content, reliability, or quality of such linked platforms. Inclusion of any link does not imply endorsement. Use is at the User’s own risk.
- The Hospital and its Partners assume no responsibility for damages, viruses, or losses caused to User equipment while accessing, browsing, or downloading from the Website. If dissatisfied, the sole remedy available to Users is to discontinue use of the Website.
- If found that a User has provided false, inaccurate, or misleading information, Mahanandan Super Speciality Hospital reserves the right to suspend their access and publish a declaration on the Website. The User shall indemnify the Hospital and its Partners for any losses arising from such misrepresentation or fraudulent activity.
5. Booking Appointments, Diagnostic Tests, Ordering Medicines and Interaction with Medical Service Providers
- Mahanandan Super Speciality Hospital aims to confirm appointments requested by Users with doctors or diagnostic labs. However, confirmation is not guaranteed. The Hospital is not liable for cancellations, rescheduling, or non-availability of the medical service provider.
- Value-added services may connect Users directly to medical providers through video call, voice call, text message, WhatsApp, Telegram, or online chat. All exchanged information is handled according to the Privacy Policy. Use of such services is optional and at the User’s discretion.
- Interactions with other Users, including health concerns and experiences, are strictly personal. Mahanandan Super Speciality Hospital assumes no responsibility for outcomes of such interactions. The Hospital is not a provider of medical advice or services and bears no liability for medical or other outcomes resulting from any interaction initiated via the Website.
- If you engage a medical service provider via the Website, it is entirely at your own risk. Mahanandan Super Speciality Hospital is not responsible for:
- Wrong medication, treatment issues, or medical negligence by doctors, labs, or pharmacies.
- Any inconvenience caused due to doctor absence, delayed appointments, or inappropriate treatment.
- Appointment cancellations, rescheduling, or changes in consultation fees.
- Any medical outcome following engagement with listed service providers.
- Mahanandan Super Speciality Hospital is not liable for User-generated reviews or comments on other Users. Feedback must comply with applicable law. The Hospital reserves the right to moderate, modify, or remove feedback without notice and is not obligated to act upon any such feedback.
6. Online Payment on App and Website
- The Website provides you the ability to pay online through a third-party payment gateway for some of the Services available on the Website.
- If you choose to pay online, you may be redirected to a third-party payment gateway to process the transaction. This will be governed by the terms and privacy policy of the respective gateway provider. Mahanandan Super Speciality Hospital shall not be liable:
- If any transaction fails or is not completed;
- For any failure on the part of the bank, credit card provider, or third-party gateway to fulfil its obligations;
- For any loss or damage arising directly or indirectly due to decline or acceptance of any transaction authorization, for any reason.
Cancellation and Refund Policy:
This policy applies only to online payments made through the Website for booking appointments.
- If cancellation is initiated by the end user:
- Before 24 hours of scheduled appointment time – 100% of consultation fees will be refunded. Convenience fees will not be refunded.
- After the scheduled appointment time – neither consultation fees nor convenience fees will be refunded.
- If cancellation is initiated by the hospital due to doctor unavailability:
- 100% of consultation and convenience fees will be refunded to the end user.
Refunds will be processed via the same source of payment and subject to the respective provider’s terms. The refund amount will be credited within 7 working days.
7. No Doctor-Patient Relationship & Not for Emergency Use
- Some of the content, text, images, data, and suggestions available on the Website may be provided by individuals in the medical profession. However, such Information does not create a doctor-patient relationship between Mahanandan Super Speciality Hospital and you, nor does it constitute medical advice, diagnosis, or treatment.
- All such Information provided by Mahanandan Super Speciality Hospital or its affiliates is for informational purposes only. The Hospital is not liable for any decisions made based on this Information.
- The Services are not a substitute for emergency medical care. If facing a medical emergency (for yourself or someone else), please immediately contact an ambulance, hospital, or healthcare provider directly.
8. Content Ownership and Copyright Conditions of Access
- All content listed on the Website is either:
- User-generated; or
- Owned by Mahanandan Super Speciality Hospital and its Partners.
- Any data collected directly or indirectly from Users belongs to Mahanandan Super Speciality Hospital and its Partners. Unauthorized copying of such content for commercial gain or profit violates copyright laws and may result in legal action.
- Mahanandan Super Speciality Hospital permits Users to view and access content solely for personal or service-related purposes as per this Agreement.
- The content of the Website, including text, images, code, layout, graphics, logos, and software — collectively called "Mahanandan Super Speciality Hospital Content" — is protected under copyright and trademark laws. Users are not allowed to reproduce, publicly display, or use this content commercially or for personal gain.
- Users may not access the Services for benchmarking, performance testing, or any other competitive purpose.
9. Reviews and Feedback
By using this Website, you agree that any information shared by you with Mahanandan Super Speciality Hospital or with any other person, medical service provider, or anyone else using the Website or Services will be subject to our Privacy Policy.
You are solely responsible for the content that you choose to submit for publication on the Website, including any feedback, ratings, or reviews (“Critical Content”). The role of Mahanandan Super Speciality Hospital in publishing such content is limited to that of an ‘intermediary’ under the Information Technology Act, 2000. Mahanandan Super Speciality Hospital disclaims all responsibility for Critical Content and assumes no liability beyond its role as an intermediary. No compensation shall be provided for the re-publication of such content across the Hospital’s or its Partners’ platforms.
You agree not to post or publish any content that infringes intellectual property rights or violates any applicable laws, including the IG Rules and SPI Rules. Mahanandan Super Speciality Hospital reserves the right to remove or decline to publish content if required by law.
Mahanandan Super Speciality Hospital may contact you via:
- Telephone, email, SMS, WhatsApp, Telegram, or other electronic means
- To obtain feedback about the Website or its services
- To obtain feedback about any medical service providers listed on the Website
- To resolve queries or complaints related to your Critical Content
10. Rights and Obligations Relating to Content
As per Regulation 3(2) of the IG Rules, Users are not permitted to host, upload, or share any information that:
- Belongs to someone else without authorization
- Is harmful, defamatory, obscene, pornographic, paedophilic, invasive, hateful, or unlawful
- Harms minors in any way
- Infringes intellectual property or proprietary rights
- Violates current laws
- Is misleading, menacing, or offensive in nature
- Impersonates another individual
- Contains malware or software viruses
- Threatens India’s unity, security, foreign relations, or public order
Additionally, Users are prohibited from:
- Violating the security or integrity of the Website
- Sharing disruptive or competitive information via the Website
- Submitting false, incomplete, or misleading information
- Sending unsolicited communications to other Users
- Using bots, crawlers, or similar tools to navigate the Website
- Attempting to reverse-engineer or decompile any part of the Website
- Copying or duplicating Mahanandan Super Speciality Hospital Content
- Framing or deep linking any content without permission
Upon becoming aware of any violations, Mahanandan Super Speciality Hospital may remove such content and disable access within 36 hours, as per IG Rules. Related records may be preserved for at least 90 days for legal or governmental purposes.
In case of non-compliance with any applicable laws, rules, or the Agreement (including the Privacy Policy), the Hospital reserves the right to immediately terminate the User’s access to the Website and remove non-compliant content.
The Website may disclose or transfer User-generated content to its affiliates or legal authorities as required. Users hereby consent to such transfers. The Website will comply with all valid government or court orders regarding such disclosures.
11. Intellectual Property Rights
- The Website content is protected by Indian intellectual property laws, including but not limited to trademarks and copyrights.
- Logos, service marks, and trademarks ("IP Marks") displayed are owned by or licensed to Marengo Asia Healthcare Private Limited or its Partners. Use of these materials without explicit permission is prohibited.
- Users shall not upload or share copyrighted material without appropriate authorization. Any legal content must carry the correct copyright or proprietary notice.
- Unauthorized sharing or use of protected content may result in legal action or prosecution.
- Nothing on the Website grants permission to use any trademarks without prior written approval from Mahanandan Super Speciality Hospital.
12. Termination
Mahanandan Super Speciality Hospital reserves the right to suspend or terminate a User’s access to the Website and the Services with or without notice and may exercise any legal remedy where:
- The User breaches any terms and conditions of the Agreement
- A third party reports a violation of its rights resulting from your use of the Services
- Mahanandan Super Speciality Hospital is unable to verify or authenticate any information provided by the User
- The Hospital has reasonable grounds to suspect illegal, fraudulent, or abusive activity
- The Hospital believes the User's actions may cause legal liability or are against the interests of the App or other Users
Once suspended or terminated (temporarily or indefinitely), the User may not continue to use the Website under the same or a different account. The User will no longer have access to any content or data stored on the Website. It is the User’s responsibility to maintain backup copies of their records for compliance with their personal or institutional practices.
13. Disclaimer of Warranties
- All information (“Information”) on the Website is provided on the condition that the User independently verifies its accuracy, completeness, and suitability. The Hospital and its Partners shall not be liable for any consequences of reliance on such Information.
- The Information does not constitute a recommendation or solicitation for medical services and is not a substitute for professional medical advice. Users should consult qualified professionals before making any decisions based on such content.
- All content on the Website is provided "as is" without any express or implied warranties including merchantability, fitness for a particular purpose, or accuracy. The Hospital shall not be liable for any loss, damage, or consequences resulting from the use of such information.
14. Limitation of Liability
- Despite efforts to maintain accuracy, Website information may contain errors. Mahanandan Super Speciality Hospital disclaims all liability regarding the completeness, accuracy, or usefulness of such data.
- Under no circumstance shall Mahanandan Super Speciality Hospital or its Partners be liable for any direct, indirect, incidental, punitive, or consequential damages including:
- Inability to use the Services
- Unauthorized access to or alteration of data
- Any matter related to the Services
- The Hospital is not liable for unplanned maintenance, technical failure, or data download risks. Users download and use data entirely at their own discretion and risk.
15. Indemnity
The User agrees to indemnify and hold harmless Mahanandan Super Speciality Hospital, its affiliates, officers, directors, employees, consultants, licensors, agents, representatives, and Partners from any third-party claims, damages, liabilities, and costs (including legal fees) arising from:
- Use of the Services
- Violation of this Agreement
- Infringement of any intellectual property or rights by the User or anyone using the User's account
Mahanandan Super Speciality Hospital will notify you of any such claims and expects your full cooperation, at your own expense, in resolving or defending the issue.
16. Applicable Law and Dispute Settlement
This Agreement and any contractual obligations between Mahanandan Super Speciality Hospital and the User shall be governed by the laws of India.
17. Severability
If any provision of this Agreement is deemed unenforceable by a court or tribunal, the remaining provisions shall remain valid and enforceable. The Agreement shall be interpreted to give full effect to the original intent, within the bounds of applicable law.
18. Waiver
No term of this Agreement shall be deemed waived unless confirmed in writing by Mahanandan Super Speciality Hospital. Any such waiver shall not constitute a waiver of any future breach or default of the same or any other term.
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