Terms and Conditions

This document is an electronic record generated by a computer system and does not require any physical or digital signatures.

The website “www.getafixmd.com” (“Website”) its various mobile applications are created and operated by HEKASINAHU PRIVATE LIMITED and the brand “GETAFIXMD” (collectively, the “Platform”) (hereinafter referred to as “We”, “Our”, and “Us”).

Note: The Information Contained On This Platform Is Of A General Nature Only And Does Not Constitute Medical Advice. You Should Not Rely Upon Any Information On This Platform Without Obtaining The Specific Advice Of A Qualified, Licensed, Healthcare Professional.

The Agreement applies to you whether you are –

A patient, his/her representatives or affiliates, availing services from healthcare service providers through the Platform; or
Otherwise, a user / subscriber of the Platform.

General

This Agreement consists of the following terms and conditions (hereinafter the “General Terms”) and terms and conditions, if any, specific to use of individual Services (hereinafter the “Service Specific Terms”). The General Terms and Service Specific Terms are collectively referred to as the “Terms”. In the event of a conflict between the General Terms and Service Specific Terms, the Service Specific Terms shall prevail.

These Terms, along with the others found on our Platform, include our policy for acceptable use of GetAFixMD, its content, the content posted on GetAFixMD, your rights, obligations, and restrictions regarding your use of the Platform. By accessing GetAFixMD, you accept, without limitation or qualification, all the Terms applicable to the Platform, as amended from time to time. If you do not accept these Terms, you must discontinue use of GetAFixMD. By accepting these Terms, you are entering into a legally binding Agreement (“Agreement”) with us.

We may modify these Terms from time to time and such modification will be effective upon posting on the Platform. You agree to be bound to any changes to these Terms when you use the Platform after any such modification is posted. It is important that you review these Terms regularly to ensure you are updated as to any changes made. You must access our Privacy Policy detailed below.

We reserve the right, in our sole discretion, to terminate the access to the Platform and the related services or any portion thereof at any time, without notice to You.

The Agreement is published in compliance of, 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, and
the rules, regulations, guidelines and clarifications framed there under, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011, and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011.

“Account” shall mean the account created by the User / subscriber for availing the Services provided by GetAFixMD.

“Content” shall mean to any text, image, graphic, video, audio, or all forms of data which are made available on the Platform.

“Fee” means the subscription fee, services fee, and any other charges/fees paid/payable by the User / subscriber for the Services.

“Health Care Service Provider” or “HSP” shall mean duly qualified professionals licensed to provide various healthcare and related services that Registered User / subscribers can interact and avail services from using the Platform.

“Intellectual Property Rights” shall mean all intellectual property rights and all analogous rights subsisting under the laws of each and every jurisdiction throughout the world and intellectual property for the full term of the rights concerned and including all extensions and renewals of such rights, whether or not such rights are registered or capable of registration, including, without limitation, copyrights, trademarks, trade names, service marks, service names, patents, designs and all other proprietary rights of whatsoever description whether or not protected and whether or not capable of protection.

“Law” or “Applicable Law” shall mean any statute, law, regulation, ordinance, rule, judgment, notification, rule of common law, order, decree, by-law, government approval, directive, guideline, budgetary declarations, circular, press notes, requirement or other governmental restriction, or any similar form of decision of, or determination by, or any interpretation, policy or administration having the force of law in India or any other relevant jurisdiction, by any authority having jurisdiction over the matter in question, whether in effect as of the date of this document or thereafter, and the word “Laws” shall be construed accordingly.

“Non-Registered User / subscribers are the user / subscribers who have not registered with us but may access some limited information.

“Registered User / subscribers shall mean the user / subscribers that have registered with us by creating an account and furnishing Registration Data.

“Registration Data” shall mean and may include the present, valid, true and accurate, name, email id, phone number, address, and such other information and supporting data as may be required by GetAFixMD from the User / subscribers from time to time for registration.

“Services” shall mean access to the Platform and/or its services made available to User / subscriber, as well as additional services that may be availed by the User / subscriber from GetaFixMD.

“Subscription” means the access to the Platform and Services granted to the User / subscriber by GetaFixMD subject to payment of all applicable Fees.

“Subscription Term” means that period for which the User / subscriber is granted access and use of the Services. The Subscription Term shall renew for successive 12- month periods unless either party delivers written notice of non-renewal to the other party at least 30 days prior to the expiration of the then-current Subscription Term.

“Terms”, Terms of Use” etc., shall mean the entire Terms of Use and all parallel policies that are applicable.

Acceptance of the Terms

You must be of legal age to enter into a binding agreement in order to accept the Terms. If you do not agree to the General Terms, do not use any of our Services. If you agree to the General Terms and do not agree to any Service Specific Terms, do not use the corresponding Service. You may accept the Terms by checking a checkbox or clicking on a button indicating your acceptance of the terms, by using the Services, or by accessing and using the Platform.

Without limitation to the foregoing, in the event you are barred from undertaking legally binding obligations under the Indian Contract Act, 1872, and/or are for any reason, unable to provide ‘Consent’ as per the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011, you are not eligible to register for, use or avail the services available on the Platform.

By using the Platform and/or the Services, you represent and warrant that you have the right, authority, and capacity to enter into these Terms of Use and to abide by all of the terms and conditions set forth herein. The Platform is administered in India and is intended for Indian user / subscribers alone; any use outside of India is at the user / subscriber’s own risk and user / subscribers are responsible for compliance with any local laws applicable to their use of the Services or the Platform.

Without limiting any other provisions of these Terms, you may not use this Platform for any purpose that is unlawful or prohibited by these Terms and/or any applicable additional terms. Your access of this Platform may be terminated immediately, in our sole discretion, with or without notice, if you fail to comply with any provision of these Terms and/or additional terms, or for any other reason, or no reason.

Registration as a User / subscriber

In the event you are registering on the Platform, or are registering offline, you are required to provide accurate and complete information sought by GetAFixMD. As part of the registration process, you will provide and verify your e-mail address, name, mobile number, and an account password. Your account number and password form your credentials for accessing your account and the Services (“Credentials”) and must not be shared with any other natural or legal person.

If you provide any information that is untrue, inaccurate, out of date or incomplete (or becomes untrue, inaccurate, out of date or incomplete), or we have reasonable grounds to suspect that the information provided by you is untrue, inaccurate, out of date or incomplete, we may, in our sole discretion, discontinue the provision of the Services to you.

It is hereby reiterated that all data you provided, including without limitation, Registration Data, shall be subject to the terms set forth in our Privacy Policy, and you represent and warrant that you have the absolute right and authority to provide such data to GetAFixMD.

You are allowed to create and operate only one Account using the Registration Data. In case you are unable to access your account, or suspect any unauthorized use of your account, please inform us at [●] and make a written request for blocking your account. We will not be liable for any unauthorized transactions made through your account prior to the resolution of your request.

Your account cannot be transferred, assigned, or sold to a third party. You are solely responsible for maintaining the confidentiality of your Credentials and will be liable for all activities and transactions that occur through Your Account, whether initiated by you or any third party. We shall not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge.

If your account has been compromised or we have reasonable grounds to suspect that your account has been compromised, we may, in our sole discretion, discontinue the provision of the Services to you or discontinue your access to the Platform by suspending or terminating your Account.

Account Suspension

Notwithstanding other legal remedies that may be available, we may in our sole discretion, limit your access and/or activity by immediately removing your access credentials either temporarily or indefinitely, or suspend/terminate your association with the Website, and/or refuse to the usage of the Website, without being required to provide you with notice or cause:

If you are in breach of any of these Terms of Use or the Privacy Policy;
If you have provided wrong, inaccurate, incomplete or incorrect information;
If your actions may cause any harm, damage or loss to the other User / subscribers or Us, at our sole discretion.

Communication

By using this Platform, it is deemed that you have consented to receiving calls, messages, videos, instant messages, images, and data from us, and/or any HSP’s at any time, on the telephone number / contact information you have provided.

In the event you use the Platform to schedule consults/appointments with any HSP, or book/reserve medicines or HSP services, we may send booking confirmation, cancellation, schedule change or any such other information relevant for the transaction, via SMS, instant message, or by voice call on the contact number provided by you or through information about you received from other parties including HSP’s. This consent to be contacted is for purposes that include and are not limited to clarification calls and marketing and promotional calls.

You may also be contacted by service providers with whom we have entered into a contract in furtherance of our rights, duties and obligations under this Agreement and all other policies followed by us. The sharing of the information provided by you is governed by the Privacy Policy. You hereby unconditionally consent that such communications via SMS, instant message and/ or voice call is (a) upon your request and authorization, (b) ‘transactional’ and not an ‘unsolicited commercial communication’ and (c) in compliance with the relevant guidelines in India.

You hereby agree and undertake to indemnify us against all types of losses and damages incurred by us due to any action taken by access providers or any other authority due to any erroneous compliant raised by you against us with respect to the intimations mentioned above or due to a wrong number or email id being provided by you for any reason whatsoever.

Platform Overview

The Platform provides various subscription services as a service provider and aggregator, connecting the User / subscribers with HSP’s. The following are the Services provided by the Platform:

On-Demand Care: The Platform facilitates booking of consultations with the HSP’s of the User / subscriber’s choice.
Patient Rehabilitation: The Platform facilitates the User / subscriber connecting with HSP’s to avail rehabilitation services.
Personalised Telemedicine: The Platform facilitates the User / subscriber connecting with HSP’s to avail personalised telemedicine / genomics services./li>

Service Packages

As part of the Services, the User / subscribers may subscribe to different packages in accordance with their specific needs or requirements.

The Subscription Services cover the following:

The Platform facilitates booking of consultations with the HSP’s of the User / subscriber’s choice for conditions listed under Urgent Care / On-Demand Care.
The Platform may, depending on your subscription, offer a dedicated resource to co-ordinate your healthcare needs.
Food log, tracking blood glucose, blood pressure, weight, steps, workouts, sleep & hydration over mobile app may be included in this package
Security and privacy is being ensured to your data which is securely stored on our cloud. Your personally identifiable data is accessible only to you or to the ones you authorize.
Saving your Time, Effort & Money being spent on zero value items related to your cure. We take care of delivery of Medicine, Lab tests, Consumables, Home care Devices, Remote monitoring, Point of Care technology devices etc. at your premise.
Access to Health & wellness audio / video content by experts.
Easy Discovery Mobile push notifications to you – discounts on health & wellness products, packages, on your phone.
Nutrition You can custom design your diet and nutritional plan by way of using the feature in the mobile app. In case you need any advisory / expert services, our trained personal available to you to design outcome-based diet plan.
Avoid falling. The single one thing that happens to you at this stage which is detrimental to your longevity, physical & mental health, mobility, social life and general wellbeing is an unfortunate event of a fall. We have daily routine strengthening exercises specially designed for middle aged people to ensure Balance , Agility and Core strength.
Health Insurance Coverage. As you grow older, your health insurance policy premium tends to increase and features & freebies in the policy tend to decrease / vanish. We take care of these and will ensure that you are duly protected.

However, the customisation of packages would be subject to the following:

The pricing of the services offered under the customised package will depend on the line of treatment or medical procedure you choose to undergo, the category of post-operative care provider chosen by the User / subscriber, the category of hospital room the User / subscriber opts for, the choice of food/beverages chosen by the User / subscriber, the User / subscriber’s pharmaceutical needs which shall be based on doctors/surgeons advice and any other special facility that may be required by the User / subscriber at any stage of treatment.
The Customisation package shall not include the following costs:
- Any additional expenses that may be incurred due to any complications during provision of medical services;
- Any additional test or diagnosis required as a result of special nature of treatment or procedure;
- Any transportation cost involved; and
- Pharmaceutical expenses incurred towards medications not prescribed by the HSP or in cases where medication is required beyond the period prescribed by the HSP.
Any services not specified in the package will be charged additionally and the charges for the same would have to be paid directly at the service provider.

Payments

To process financial transactions, we may use third-party electronic payment processors or service providers (ESPs). You agree to be certain by the terms and conditions of use of each appropriate ESP. In the event of conflict between these Agreements and the ESP’s terms and conditions, these Agreements shall prevail.

Any information entered by the User / subscriber when transacting on the Platform is encrypted to protect the User / subscriber against unintentional disclosure to third parties. The User / subscriber’s credit and debit card information is not received, stored by, or retained by the Company in any manner. This information is supplied by the User / subscriber directly to the relevant payment gateway which is authorized to handle the information provided and is compliant with the regulations and requirements of various banks and institutions and payment franchisees that it is associated with.

The User / subscriber is hereby expressly made aware that his/her financial statements will reflect that a payment has been made in favour of the Company. The User / subscriber is further aware that in case of Third-Party statements including bank and credit card statements, the merchant name may appear in an abbreviated format, and the Company has no control over the same.

User / subscribers are requested to provide valid, accurate, and complete information about your identity, payment account details (Card information, Bank account information, and wallet credentials), Biller information and the payment information (payment amount and transaction description). The Company reserves the right to terminate User / subscriber account or refuse your current and future use of Service in case your information found suspicious.

The Company assumes no responsibility and shall incur no liability if it is unable to affect any payment instruction owing to any one or more of the following circumstances:

If the Payment Instruction(s) issued by you is/are incomplete, inaccurate, invalid.
If the Payment Account has insufficient funds/limits to cover for the amount as mentioned in the Payment Instruction(s)
If your bank or the wallet service refuses or delays honouring the Payment Instruction(s)
If payment is not processed by biller upon receipt.
If the User / subscriber crosses transaction limit/amount limit decided by wallet services, payment gateways and banks.
Circumstances beyond the control of the Company, including natural calamities, issues with payment system, power failures etc.

In the event money gets deducted from the User / subscriber controlled account/wallet and the payment is not reflected in the User / subscriber’s account pertaining to the Platform, the User / subscriber is requested to contact us at [●]. Your payment will be reflected within 48-72 hours if the transaction is successful at the payment gateway partners. If your payment status is not updated in the given time frame, please contact the bank for further enquiries. The Company does not take responsibility for such cases and payment will reflect in your bank account as per relevant Bank’s policies.

Cancellation/Return and Refund Policy

We acknowledge a cooling-off period of up to 30 days post-onboarding, within which customers may elect to continue or discontinue services. Full service access is granted during this period. Once a customer opts to continue, they are precluded from terminating services prematurely due to the reliance of the GetAFixMD product on a specified minimum customer group size. Additionally, our pricing strategy is formulated based on specific Minimum Order Quantities (MOQs) for GetAFixMD, ensuring better pricing for customers. Consequently, users/subscribers are ineligible for refunds encompassing subscriptions, consultation top-ups, treatment packages, health insurance premiums, payments for home care or delivery services, and any other incidental or miscellaneous services. In instances where the practitioner is unable to conduct an online consultation with the user/subscriber at the scheduled appointment time and the user/subscriber is required to wait, regardless of their decision to await or decline services, no entitlement to refunds shall be applicable.

Posted Content

As a User / subscriber, you may submit content and information pertaining to prescriptions, medical diagnosis, drug orders, medical orders, diagnostic tests, and inquiries to HSPs of the Platform (‘Posted Content’). It is important that you act responsibly when providing Posted Content.

All Posted Content shall be submitted in accordance with Applicable Law. Further, the option of User / subscribers to submit Posted Content shall be at our sole discretion and may be modified or withdrawn at our sole discretion. We may moderate such Posted Content at any time.

We reserve the right to publish your Posted Content as part of the Service and to also to remove it for any reason. You are solely responsible for any Posted Content that you submit, publish, or display on the Platform or transmit to other members and/or HSP’s.

You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. You may not submit any content or material that infringes, misappropriates, or violates the intellectual property, publicity, privacy, or other rights of any party.

You may not provide any Posted Content that falsely expresses or implies that such content or material is sponsored or endorsed by us.

You may not provide any Posted Content that is unlawful or that promotes or encourages illegal activity.

You understand and agree that we may (but are not obliged to) review and delete any Posted Content that in our sole judgment violates these Terms of Use or which might be offensive, illegal, or that might violate the rights of, harm, or threaten the safety of other User / subscribers or members.

You agree that you will only provide Posted Content that you believe to be true and you will not purposely provide false or misleading information.

By posting content on the Platform, you agree to and hereby do grant, and you represent and warrant that you have the right to grant, GetAFixMD, its contractors, and the user / subscribers of the Platform an irrevocable, perpetual, royalty-free, fully sub-licensable, fully paid up, worldwide license to use, copy, publicly perform, digitally perform, publicly display, and distribute such Posted Content and to adapt, edit, translate, prepare derivative works of, or incorporate into other works, such Posted Content, subject to the terms set forth in the Privacy Policy.

Content

The Information available on or through the Services and/or the Platform, including without limitation, text, photographs, graphics, video, audio content, user / subscriber interface, and visual interface is owned by us and our licensors and is protected by copyright, trademark, patent, and trade secret laws, other proprietary rights, and international treaties. You acknowledge that the Services and any underlying technology or software used in connection with the Services contain GetAFixMD’s proprietary information.

We give you permission to use the aforementioned content solely in accordance with these Terms and do not transfer any intellectual property rights to you by virtue of permitting your use of the Services. You may print, download, and store information from the Platform for your own convenience, but you may not copy, distribute, republish, sell, or exploit any of the content, or exploit the Platform in whole or in part, for any commercial gain or purpose whatsoever. Except as is expressly and unambiguously provided herein, GetAFixMD does not grant you any express or implied rights, and all rights in the Platform and the Services not expressly granted are retained by GetAFixMD.

Intellectual Property Rights

Unless expressly agreed to in writing, nothing contained herein shall give you a right to use any of the trade names, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports and other distinctive brand features, save according to the provisions of these Terms of Use that shall be available on the website. All logos, trademarks, brand names, service marks, domain names, including material, designs, and graphics created by and developed by either the website or such other third party and other distinctive brand features of the website are the property of the website or the respective copyright or trademark owner. Furthermore, concerning the website, we shall be the exclusive owner of all the designs, graphics and the like, related to the Website.

You shall not use any of the intellectual property displayed on the Website in any manner that is likely to cause confusion among existing or prospective user / subscribers of the website, or that in any manner disparages or discredits the website, to be determined in the sole discretion.

You are aware all intellectual property, including but not limited to copyrights, relating to said services resides with the owners, and that at no point does any such intellectual property stand transferred from the aforementioned creators. You are aware that we merely provide the Website through which You can communicate with other user / subscribers and the Website does not own any of the intellectual property relating to the independent content displayed on the Website, apart from created graphics and specified content.

You are further aware that any reproduction or infringement of the intellectual property of the aforementioned owners by You will result in legal action being initiated against You by the respective owners of the intellectual property so reproduced/infringed upon. It is agreed to by You that the contents of this section shall survive even after the termination or expiry of these Terms of Use and/or Privacy Policy.

User / subscriber Obligations

You may use the Platform and the Services for personal, lawful, and legal purposes alone. You may not use the Platform in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party’s use and enjoyment of the Platform or the Services. You may not attempt to gain unauthorized access to any of the Services, user / subscriber accounts, or computer systems or networks, through hacking, cracking, intrusion to networks, password mining or any other means. Without limiting any of the foregoing, you agree that you shall not (and you agree not to allow any third party to):

copy, modify, adapt, translate, or reverse engineer any portion of the Platform, its content or materials and/or the Services;
remove any copyright, trademark or other proprietary rights notices contained in or on the Platform and/or the Services or in or on any content or other material obtained via the Platform and/or the Services;
use any robot, spider, website search/retrieval application, or other automated device, process or means to access, retrieve, or index any portion of the Platform and/or the Services;
access, retrieve or index any portion of the Platform and/or the Services for purposes of constructing or populating a searchable database of reviews related to the health care industry or medical physicians;
reformat or frame any portion of the web pages that are part of the Platform and/or the Services;
fraudulently misuse the Services by scheduling tests or appointments with knowledge, or belief that such scheduled appointments / tests shall not be held for lack of Patient;
threaten the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order, or cause incitement to the commission of any cognizable offence or investigation of any offence or is insulting any other nation;
violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
use the Platform or any material or content for any purpose that is unlawful or prohibited by these Terms of Use, or the laws of India, or to solicit the performance of any illegal activity or other activity which infringes the rights of this Platform or other third parties;
publish, post, disseminate information that is false, inaccurate, or misleading; violate any applicable laws or regulations for the time being in force in or outside India;
disrupt or interfere with the security of, or otherwise cause harm to the Platform, systems resources, accounts, passwords, servers, or networks connected to or accessible through the Platform or any affiliated or linked websites;
publish, post, or disseminate, any information which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to indecently representing women within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
create user / subscriber accounts by automated means or under false or fraudulent pretences; or
collect or store personal data about other user / subscribers in connection with the prohibited activities described in this paragraph;
upload or make available any data pertaining to a third-party without such third-party’s express and continuing consent; or
reverse look-up, trace or seek to trace any information on any other user / subscriber of the Platform, or any other customer or user / subscriber of the Platform, including any Account not owned by you, to its source, or exploit the Platform or Service or information made available or offered by or through the Platform, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than your own information, as provided for by the Platform.

GetAFixMD reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates these provisions, including without limitation, suspension, or termination of the account. In addition to our rights in these Terms of Use, we may take any legal action and implement any technical remedies to prevent the violation of this provision and to enforce these Terms of Use.

Disclaimer of Warranties

We Provide The Platform And The Services ‘as Is’, ‘with All Faults’ And ‘as Available’. We Make No Express Or Implied Warranties Or Guarantees About The Services. To The Maximum Extent Permitted By Law, We Hereby Disclaim All Such Warranties, Including All Statutory Warranties, With Respect To The Services And The Platform, Including Without Limitation Any Warranties That The Services Are Merchantable, Of Satisfactory Quality, Accurate, Fit For A Particular Purpose Or Need, Or Non-infringement. We Do Not Guarantee That The Results That May Be Obtained From The Use Of The Services Will Be Effective, Reliable Or Accurate Or Will Meet Your Requirements. We Do Not Guarantee That You Will Be Able To Access Or Use The Services (Either Directly Or Through Third-party Networks) At Times Or Locations Of Your Choosing.

We Are Not Responsible For The Accuracy, Reliability, Timeliness Or Completeness Of Information Provided By Any User / Subscriber/hsp Or Any Other Data Or Information Provided Or Received Through The Platform. Except As Expressly Set Forth Herein, Getafixmd Makes No Warranties About The Information Systems, Software And Functions Made Accessible Through The Platform Or Any Other Security Associated With The Transmission Of Sensitive Information. Getafixmd Does Not Warrant That The Platform Or The Services Will Operate Error-free, That Loss Of Data Will Not Occur, Or That The Services, Software, Or Platform Are Free Of Computer Viruses, Contaminants Or Other Harmful Items. No Advice Or Information, Whether Oral, Written, Or Obtained By You From Or Through Getafixmd Or From Its Services Shall Create Any Warranty Not Expressly Stated In These Terms And Conditions.

General Limitation of Liability

Your Sole And Exclusive Remedy For Any Dispute With Us Is The Termination Of Your Account. In No Event Shall Our Total Cumulative Liability To You For Any And All Claims Relating To Or Arising Out Of Your Use Of The Services Or The Platform, Regardless Of The Form Of Action, Exceed The Greater Of: The Total Amount Of Fees, If Any, That You Paid Us To Access The Platform Or Avail The Services (This Refers Solely To The Consideration Paid To Getafixmd And Not The Total Consultation/appointment Fees/service Fees Paid By The User / Subscriber). In No Event Shall We Be Liable To You (Or To Any Third Party Claiming Under Or Through You) For Any Indirect, Special, Incidental, Consequential Or Exemplary Damages Arising From Your Use Of, Or Inability To Use, The Platform And/or The Services. These Exclusions Apply To Any Claims For Lost Profits, Lost Data, Loss Of Goodwill, Work Stoppage, Computer Failure Or Malfunction, Any Other Commercial Damages Or Losses, Or Medical Malpractice Or Negligence Of Hsp, Even If We Knew Or Should Have Known Of The Possibility Of Such Damages. As Some Jurisdictions May Not Allow The Exclusion Or The Limitation Of Liability For Consequential Or Incidental Damages, In Such Jurisdictions, Our Liability Shall Be Limited To The Extent Permitted By Law.

Indemnity

You agree to indemnify, defend and hold harmless the us, and our respective directors, officers, employees and agents (collectively, “parties”), from and against any losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by us that arise out of, result from, or maybe payable by, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed according to these Terms of Use. Further, you agree to hold Us harmless against any claims made by any third party due to, or arising out of, or in connection with:

your access to the Platform;
your use of the Services;
the violation of these Terms of Use by you or any third party using your Credentials;
the breach of legal rights of any person or entity.

You agree to fully cooperate in indemnifying us at your expense. You also agree not to settle with any party without consent from us.

Term

These Terms of Use shall continue to form a valid and binding contract between us and shall continue to be in full force and effect until the expiry of the Subscription Term of 12 months (“Initial Term”) and shall thereafter automatically renew for further period of 12 months (“Renewal Term”) unless (a) either Party notifies the other Party in writing at least 30 days prior to the expiry of the Initial Term or the relevant and applicable Renewal Term that the Party does not wish the first or successive Renewal Term to apply or (b) terminated earlier as set forth below.
Either Party may terminate your use of the Platform at any time, during the Subscription, without assigning reasons.
GetaFixMD reserves the right to suspend delivery of the Services if User / subscriber fails to timely pay Fees due to GetaFixMD. Suspension of the Services shall not release User / subscriber of its payment obligations under this Agreement. User / subscriber agrees that GetaFixMD shall not be liable to User / subscriber or to any third party for any liabilities, claims or expenses arising from or relating to suspension of the Services resulting from non-payment. In the event the Fees are still due after 2 (Two) weeks from the due date, the User / subscriber’s account may be disabled and its content/data may be deleted by GetaFixMD.
GetaFixMD reserves the right to suspend delivery of the Services if GetaFixMD reasonably concludes that User / subscriber’s access/use of the Services is causing immediate and ongoing harm to GetaFixMD or others. GetaFixMD shall not be liable to User / subscriber or to any third party for any liabilities, claims or expenses arising from or relating to any suspension of the Services.
Such suspension or termination shall not limit our right to take any other action against you that we consider appropriate.
It is also hereby declared that we may discontinue the Services and the Platform without any prior notice.

Termination

We reserve the right, in our sole discretion, to unilaterally terminate Your access to the Website, or any portion thereof, at any time, without notice or cause.
We also reserve the universal right to deny access to You, to any/all of are on its website without any prior notice/explanation to protect the interests of the Website and/or other User / subscribers to the Website.
We reserve the right to limit, deny or create different access to the Website and its features concerning different User / subscribers, or to change any of the features or introduce new features without prior notice.
You shall continue to be bound by these Terms of use, and it is expressly agreed to by You that You shall not have the right to terminate these Terms of Use till the expiry of the same.

Dispute Resolution, Jurisdiction

It is expressly agreed to by you hereto that the formation, interpretation, and performance of these Terms of Use and any disputes arising therefrom will be resolved through Arbitration. It is further agreed to by you that the contents of this section shall survive even after the termination or expiry of the Terms of Use and/or Privacy Policy.

Arbitration: In the event that the Parties are unable to amicably resolve a dispute, the said dispute will be referred to arbitration by a sole arbitrator to be appointed by us, and the award passed by such sole arbitrator will be valid and binding on all parties. All cost of the Arbitration shall be borne solely in accordance with the Arbitrators award. The arbitration shall be conducted in English, and the seat of Arbitration shall be the city of Kochi, India.

You expressly agree that the Terms of Use, Privacy Policy and any other agreements entered into between the Parties are governed by the laws, rules, and regulations of India.

Force Majeure

We will not be liable for damages for any delay or failure to perform our obligations hereunder if such delay or failure is due to cause beyond our control or without its fault or negligence, due to Force Majeure events including but not limited to acts of war, acts of God, earthquake, riot, fire, festive activities sabotage, labour shortage or dispute, internet interruption, technical failure, breakage of sea cable, hacking, piracy, cheating, illegal or unauthorized.

Personal Data

User / subscriber hereby acknowledges and agrees that performance of Services by GetaFixMD may require us to process, transmit and/or store User / subscriber’s personal data, including sensitive personal information. By using our Services, the User / subscriber authorises GetaFixMD and its affiliates to process, transmit and/or store personal data to the extent necessary for, and for the sole purpose of, enabling GetaFixMD to provide its Services.

GetaFixMD Mobile Applications

Upon download and installation of the mobile application, you grant the following permissions to the application to perform the following actions on the device You have installed the application on:

to read from, write on, modify, and delete data pertaining to the application on the device’s hard disk and/or external storage;
to access information about networks, access networks including Wi-Fi networks, receive and send data through the network;
to determine your approximate location from sources including, but not limited to, mobile towers and connected Wi-Fi networks;
to determine your exact location from sources including, but not limited to, GPS or its equivalent;
to access the model number, IMEI number and details about the operating system of the device the application has been installed on, as well as the phone number of the device;
to retrieve information about other applications running on the device the application has been installed on;
to detect when the device had been switched off and switched on for the purpose of sending notification/ push notifications; and
to access and change the display and sound settings of the device the application has been installed in.

Updates

From time to time, the Platform may automatically check the version of the mobile application installed on the device of the User / subscriber and, if applicable, provide suitable updates (hereinafter referred to as “Updates”). Updates may contain, without limitation, bug fixes, patches, enhanced functionality, plug-ins, and new versions of the application. By using the Platform, you authorize the automatic download and installation of Updates and agree to download and install Updates manually, if necessary.

Miscellaneous Provisions

Entire Agreement: These Terms of Use, read with the Privacy Policy, form the complete and final contract between us with respect to the subject matter hereof and supersedes all other communications, representations, and agreements (whether oral, written or otherwise) relating thereto.
Waiver: The failure at any time to require performance of any provision of these Terms of Use shall in no manner affect our right at a later time to enforce the same. No waiver by us of any breach of these Terms of Use, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such breach, or a waiver of any other breach of these Terms of Use.
Severability: If any provision/clause of these Terms of Use is held to be invalid, illegal or unenforceable by any court or authority of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions/clauses of these Terms of Use shall in no way be affected or impaired thereby, and each such provision/clause of these Terms of Use shall be valid and enforceable to the fullest extent permitted by law. In such case, these Terms of Use shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the original rights, intentions and commercial expectations of the Parties hereto, as expressed herein.
Contact Us: If you have any questions about these Terms of Use, the practices of the website, or your experience, you can contact us by emailing at info@getafixmd.com