TERMS AND CONDITIONS

NeftX Solutions Private Limited (“NeftX” or “Company”) is the author and publisher of the internet resource www.neftx.com

Last Updated: 1st March 2022

  1. NATURE AND APPLICABILITY OF TERMS

    2. These terms and conditions (the “Terms”) enumerates the terms and conditions under which the users (“You” or “Your” or “User”) are allowed to use, access and register on the web based platform ‘neftx.com’ (the “Platform” or “Website”).

    By downloading or accessing the Website to use the Services, or by registering to the service, you irrevocably accept all the conditions stipulated in these Terms and Privacy Policy, as available on the Website, and agree to abide by them. By availing any Service, you signify your acceptance of these Terms.

    We reserve the right to modify or terminate any portion of the Terms for any reason and at any time, and such modifications shall be informed to you in writing. You should read the Terms at regular intervals. Your use of the Website following any such modification constitutes your agreement to follow and be bound by the Terms so modified.

    You acknowledge that you will be bound by these Terms for availing any of the Services offered by us. If you do not agree with any part of the Terms, please do not use the Website or avail any Services.

    These terms are published in compliance of, and are governed by the provisions of Indian law, including but not limited to:

    1. the Indian Contract Act, 1872,
    2. the (Indian) Information Technology Act, 2000, and
    3. 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 (the “SPI Rules”), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”).
  2. ELIGIBILITY OF USE

    3. 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 these Terms, you represent and warrant to NeftX 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 these Terms.

  3. SERVICES

    4. You acknowledge that the Platform allows you to avail the following services including:

    1. Managing hospital/clinic/practice via white-labelled solution provided by the platform.
    2. Creating, managing and accessing “Doctor Profile”, “Clinic Profile”, “Walkins”, “Reports” and other services provided by the platform;
    3. Accessing other services like telemedicine provided by the Company, through the Platform; and
    4. Promptly and efficiently responding to your queries or issues relating to Your Account and the services availed through the Platform.

    The aforementioned services shall be collectively referred to as the “Services”. The Company may, at its discretion, add, modify, or remove any of the Services listed above from time to time without special notice.

    The Company does not:

    1. Adopt any ‘unfair trade practices’ either on the Platform or otherwise with respect to the Services; and
    2. Discriminate between Users of the same class or makes any arbitrarily classification of the Users.
  4. USER ACCOUNT, PASSWORD AND SECURITY

    5. In order to access the Services on the Platform, you will have to register on the Platform by providing details as may be required by the Company and provided for in the Privacy Policy. You shall ensure and confirm that the Account information and all information provided by you is complete, accurate and up-to-date. If there is any change in the Account information, or if any information is found to be incomplete or incorrect, you shall promptly update Your Account information on the Platform or request the Company for information revision or update. If you provide any information that is untrue, inaccurate, unauthorized, not current, or incomplete (or becomes untrue, inaccurate, not current, or incomplete), or if the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, the Company has the right to refuse any and all the Services. The Company reserves the express right to refuse access to the Services at any time without notice for your failure to abide by the Terms as set forth herein or to comply with applicable laws.

  5. PAYMENTS

    6. The information relating to the accepted payment methods on the Platform shall be displayed during the purchasing process. To the extent permitted by applicable law and subject to the Privacy Policy, you acknowledge and agree that the Company may use certain third-party vendors and service providers, including payment gateways, to process payments and manage payment card information.

    In order to avail the Services, you undertake to use and provide valid bank details or other details required for facilitating payment towards the Products/Services (“Payment Details”). By providing the Payment Details, you represent, warrant, and covenant that:

    1. You are legally authorized to provide such Payment Details;
    2. You are legally authorized to perform payments using such Payment Details; and
    3. Such action does not violate the terms and conditions applicable to your use of such Payment Details or applicable law. You may add, delete, and edit the Payment Details you have provided from time to time through the Platform.

    Except to the extent otherwise required by applicable law, the Company is not liable for any payments authorized through the Platform using Your Payment Details. Particularly, the Company is not liable for any payments that do not complete because:

    1. Your bank account or any other payment did not contain sufficient funds to complete the transaction;
    2. You have not provided the Company with correct Payment Details;
    3. Your payment card has expired; or
    4. Circumstances beyond the Company’s reasonable control (such as, but not limited to, power outages, interruptions of cellular service, or any other interferences from an outside force) prevent the execution of the transaction.

    The Platform shall not be responsible for any unauthorized transactions conducted on our Platform using Your Payment Details. The Platform shall not be obligated to refund any money to you in such instances.

  6. CANCELLATION POLICY AND REFUND POLICY

    7. The cancellation policy including with respect to cancellation fee with respect to a subscription accepted by the Company, shall be communicated to the User, from time to time, through any mode of communication as specified in this Terms or as determined by the Company. The Company may cancel a subscription for reasonable reasons. In case the Company cancels any subscription, you will not be charged for such cancellations, and the Company will reimburse you for any payment already made using the same method you used to pay for your order.

  7. USE OF PLATFORM

    8. Subject to compliance with the Terms, the Company hereby grants you a non-exclusive, limited privilege to access and use this Platform.

    You agree to use the Platform only:

    1. For purposes that are permitted by the Terms;
    2. In accordance with any applicable laws, regulations or generally accepted practices or guidelines; and
    3. For availing the Services through the Platform. You agree not to engage in activities that may adversely affect the use of the Platform by the Company and/or other Users. You agree not to access (or attempt to access) the Platform by any means other than through the interface that is provided by the Company. You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or Content (as defined below), or in any way reproduce or circumvent the navigational structure or presentation of the Platform, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Platform.
  8. RIGHTS AND OBLIGATIONS RELATING TO CONTENT

    9. As mandated by Regulation 3(2) of the IG Rules, NeftX hereby informs Users that they are not permitted to host, display, upload, modify, publish, transmit, update or share any information that:

    1. belongs to another person and to which the User does not have any right to;
    2. 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;
    3. harm minors in any way;
    4. infringes any patent, trademark, copyright or other proprietary rights;
    5. violates any law for the time being in force;
    6. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
    7. impersonate another person;
    8. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
    9. 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.

    Users are also prohibited from:

    1. violating or attempting to violate the integrity or security of the Website or any NeftX Content;
    2. transmitting any information (including job posts, messages and hyperlinks) on or through the Website that is disruptive or competitive to the provision of Services by NeftX;
    3. intentionally submitting on the Website any incomplete, false or inaccurate information;
    4. making any unsolicited communications to other Users;
    5. using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website;
    6. attempting to decipher, decompile, disassemble or reverse engineer any part of the Website;
    7. copying or duplicating in any manner any of the NeftX Content or other information available from the Website;
    8. framing or hot linking or deep linking any NeftX Content.
    9. circumventing or disabling any digital rights management, usage rules, or other security features of the Software.

    NeftX, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information as mentioned above, shall be entitled to disable such information that is in contravention of Clauses 8. NeftX shall also be entitled to preserve such information and associated records for at least 90 (ninety) days for production to governmental authorities for investigation purposes.

    In case of non-compliance with any applicable laws, rules or regulations, or the Terms and Conditions (including the Privacy Policy) by a User, NeftX has the right to immediately terminate the access or usage rights of the User to the Website and Services and to remove non-compliant information from the Website.

    NeftX may disclose or transfer User-generated information to its affiliates or governmental authorities in such manner as permitted or required by applicable law, and you hereby consent to such transfer. The SPI Rules only permit NeftX to transfer sensitive personal data or information including any information, to any other body corporate or a person in India, or located in any other country, that ensures the same level of data protection that is adhered to by NeftX as provided for under the SPI Rules, only if such transfer is necessary for the performance of the lawful contract between NeftX or any person on its behalf and the User or where the User has consented to data transfer.

    NeftX respects the intellectual property rights of others and we do not hold any responsibility for any violations of any intellectual property rights

  9. TERMINATION

    10. NeftX reserves the right to suspend or terminate a User’s access to the Website and the Services with or without notice and to exercise any other remedy available under law, in cases where,

    1. Such User breaches any terms and conditions;
    2. A third party reports violation of any of its right as a result of your use of the Services;
    3. NeftX is unable to verify or authenticate any information provide to NeftX by a User;
    4. NeftX has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User; or
    5. NeftX believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for NeftX or are contrary to the interests of the Website.

    Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Website under the same account, a different account or re-register under a new account. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages, files and other material kept on the Website by such User. The User shall ensure that he/she/it has continuous backup of any medical services the User has rendered in order to comply with the User’s record keeping process and practices.

  10. PRIVACY

    11. NeftX believes strongly in protecting user privacy, which is why a separate Privacy Policy have been created in order to explain in detail how we collect, manage, process, secure, and store your private information. Please refer to NeftX privacy policy, incorporated by reference herein that is posted on the Website.

  11. INDEMNIFICATION

    12. You agree to indemnify, defend and hold harmless NeftX and its affiliates including but not limited to its (and its affiliates’) officers, directors, consultants, licensors, agents, employees and representatives from any and all third party vendors (“Indemnitees”) from and against any and all losses,liabilities, claims, damages, demands, costs and expenses (including reasonable legal or attorney fees) asserted against or incurred by the Indemnitees arising from his/her/ its access to or use of Software, violation of these Terms and Conditions, and/or the Privacy Policy or infringement, or infringement by any other user of his/her/its account, of any intellectual property or other right of any person or entity. NeftX will notify you promptly of any such claim, loss, liability, or demand, and in addition to your foregoing obligations, you agree to provide us with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

  12. LIMITATION OF LIABILITY

    13. In no event, including but not limited to negligence, shall NeftX, or any of its partners, directors, officers, employees, agents or content or service providers (collectively, the “Protected Entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use or access the Platform the or the content, materials and functions related thereto, the Services, User’s provision of information via the Website, lost business or lost End-Users, even if such Protected Entity has been advised of the possibility of such damages. In no event shall the Protected Entities be liable for:

    1. any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Website;
    2. any unauthorized access to or alteration of your transmissions or data; or
    3. any other matter relating to the Website or the Service.
  13. SEVERABILITY

    14. If any provision mentioned is this Terms and Conditions is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from these Terms and the remainder of the terms shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event, the Terms and Conditions shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.

  14. WAIVER

    15. No provision mentioned in this Terms and Conditions shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by NeftX. Any consent by NeftX to, or a waiver by NeftX of any breach by you, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

  15. RETENTION AND REMOVAL

    16. NeftX may retain such information collected from Users from its Website or Services for as long as necessary, depending on the type of information; purpose, means and modes of usage of such information; and according to the SPI Rules. Computer web server logs may be preserved as long as administratively necessary.

  16. GOVERNING LAW AND JURISDICTION

    17. These Terms shall be governed by and constructed in accordance with the applicable laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of Courts at Hyderabad, Telangana, India.

  17. GRIEVANCE REDRESSAL MECHANISM

    18. In accordance with the Information Technology Act, 2000, and the rules made there under, if you have any grievance with respect to the Website or the service, including any discrepancies and

    Address: Rajapushpa Business centre Stoneridge Center 4th Floor Survey No.12p & 13p, Opp: Google,Kondapur,Hyderabad-500084,Telangana

    Email: support@neftx.com

    In the event you suffer as a result of access or usage of our Website by any person in violation of Rule 3 of the IG Rules, please address your grievance to the above person.

  18. COMMUNICATIONS

    19. You hereby expressly agree to receive communications by way of SMS, telephone calls, WhatsApp /or e-mails from the Company and other third parties duly authorized by the Company. You hereby expressly consent to the monitoring and recording, by NeftX of any and all communications between You and NeftX or its agents, employees, consultants, contractors, or representatives of NeftX or of their authorized partners, and such monitoring or recording waives any further notice or consent requirement under the applicable laws. You can unsubscribe or opt-out from receiving communications through e-mail from us. In which case, we will only send You communications solely required for the purposes of the Services provided through the Platform.

  19. CONTACT INFORMATION

    20. If any User has any question, issue, complaint regarding any of our Services, please contact our customer service at support@neftx.com.