Terms and Conditions

Hospitap Terms and Conditions

Think New Holdings Pte. Ltd. (“Hospitap” or “us” or “we” or “Company”, which also includes its affiliates) is the author and publisher of the internet resource www.hospitap.com and the mobile application ‘Hospitap’ (together, “Website”). Hospitap owns and operates the services provided through the Website as well as the software and applications including but not limited to those of the brand names ‘Hospitap’.

1. NATURE AND APPLICABILITY OF TERMS

Please carefully go through these terms and conditions (“Terms”) and the privacy policy available at httpss://www.hospitap.com/company/privacy (“Privacy Policy”) before you decide to access the Website or avail the services made available on the Website by Hospitap. These Terms and the Privacy Policy together constitute a legal agreement (“Agreement”) between you and Hospitap in connection with your visit to the Website and your use of the Services (as defined below).

The Agreement applies to you whether you are –

i. A medical practitioner or health care provider (whether an individual professional or an organization) or similar institution wishing to be listed, or already listed, on the Website, including designated, authorized associates of such practitioners or institutions (“Practitioner(s)”, or );

ii. A client of the Hospital/ Practitioner(s) or a member of the public who searches for Hospital/ Practitioners on the website anonymously or as a registered user of the Services (“End-User”).

iii. All users of the Services are together termed as (“Users” or “you” or “your”).
This Agreement applies to those services made available by Hospitap on the Website, which are offered free of charge to the Users (“Services”), including the following:

iv. For Hospitals/ Practitioners: Listing of Hospitals/ Practitioners and their profiles and contact details, to be made available to the other Users and visitors to the Website;

v. For other Users: Facility to (i) create and maintain ‘Health Accounts’, (ii) search for Hospital/ Practitioners by name, specialty, and geographical area, or any other criteria that may be developed and made available by Hospitap, and (iii) to make appointments with Hospitals/ Practitioners.

The Services may change from time to time, at the sole discretion of Hospitap, and the Agreement will apply to your visit to and your 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 the manner in which 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 support@Hospitap.com.

By downloading or accessing the Website to use the Services, you irrevocably accept all the conditions stipulated in this Agreement, the Subscription Terms of Service and Privacy Policy, as available on the Website, and agree to abide by them. This Agreement along with the terms contained in the above mentioned Subscription Terms of Service and Privacy Policy supersedes all previous oral and written terms and conditions (if any) communicated to you relating to your use of the Website to avail the Services. By availing any Service, you signify your acceptance of the terms of this Agreement.

We reserve the right to modify or terminate any portion of the Agreement for any reason and at any time, and such modifications shall be informed to you in writing 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.

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 use of the Website and the Services will be solely at the discretion of Hospitap.
The Agreement is published in compliance of, and is governed by the provisions of Singapore law, including but not limited to:

vi. The Singapore Contract Act, 1872,

vii. The (Singapore) Information Technology Act, 2000, and

viii. The rules, regulations, guidelines and clarifications framed there under, including the (Singapore) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), and the (Singapore) Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”), Singapore Personal Data Protection Act, 2102 (the “PDPA”).

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 Hospitap 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. TERMS OF USE APPLICABLE TO ALL USERS OTHER THAN HOSPITALS/PRACTITIONERS

The terms in this Clause 3 are applicable only to Users other than Practitioners.

3.1END-USER ACCOUNT AND DATA PRIVACY

3.1.1 The terms “personal information” and “sensitive personal data or information” are defined under the SPI Rules, and are reproduced in the Privacy Policy.

3.1.2 Hospitap may by its Services, collect information relating to the devices through which you access the Website, and anonymous data of your usage. The collected information will be used only for improving the quality of Hospitap’s services and to build new services.

3.1.3 The Website allows Hospitap to have access to registered Users’ personal email or phone number, for communication purpose so as to provide you a better way of booking appointments and for obtaining feedback in relation to the Hospitals/ Practitioners and their practice.

3.1.4 The Privacy Policy sets out, inter-alia:

3.1.4.1 The type of information collected from Users, including sensitive personal data or information;

3.1.4.2 The purpose, means and modes of usage of such information;

3.1.4.3 How and to whom Hospitap will disclose such information; and,

3.1.4.4 Other information mandated by the SPI Rules.

3.1.5 The User is expected to read and understand the Privacy Policy, so as to ensure that he or she has the knowledge of, inter-Alia:

3.1.5.1 The fact that certain information is being collected;

3.1.5.2 The purpose for which the information is being collected;

3.1.5.3 The intended recipients of the information;

3.1.5.4 The nature of collection and retention of the information; and

3.1.5.5 The name and address of the agency that is collecting the information and the agency that will retain the information; and

3.1.5.6 The various rights available to such Users in respect of such information.

3.1.6 Hospitap shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the User to Hospitap or to any other person acting on behalf of Hospitap.

3.1.7 The User is responsible for maintaining the confidentiality of the User’s account access information and password, if the User is registered on the Website. The User shall be responsible for all usage of the User’s account and password, whether or not authorized by the User. The User shall immediately notify Hospitap of any actual or suspected unauthorized use of the User’s account or password. Although Hospitap will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Hospitap or such other parties as the case may be, due to any unauthorized use of your account.

3.1.8 If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Hospitap has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Hospitap has the right to discontinue the Services to the User at its sole discretion.

3.1.9 Hospitap may use such information collected from the Users from time to time for the purposes of debugging customer support related issues.

3.1.10 Against every Hospitals/ Practitioner listed in Hospitap.com, you may see a ‘show number’ option. When you choose this option, you choose to call the number through a free telephony service provided by Hospitap, and the records of such calls are recorded and stored in Hospitap’s servers. Such records are dealt with only in accordance with the terms of the Privacy Policy. Such call facility provided to you by Hospitap should be used only for appointment and booking purposes, and not for consultation on health-related issues. Hospitap accepts no liability if the call facility is not used in accordance with the foregoing.

3.1.11 Hospitap may provide End-Users with a free facility known as ‘Health Account’ on the Website and its mobile application ‘Hospitap’. The specific terms relating to such account are as below, without prejudice to the rest of these Terms and the Privacy Policy:

3.1.11.1 Your Health Account is only created after you have signed up and explicitly accepted these Terms.

3.1.11.2 Information available in your Health Account is of two types:

3.1.11.3 Patient-created: Information generated and uploaded by you.

3.1.11.4 Practice-created: Information generated by your interaction with a Practitioner who uses ‘Hospitap Ray’ or other Services of software.

3.1.11.5 Any Practice created information is provided on an as-is basis and Hospitap does not validate the said information and makes no representation in connection therewith. You should contact the relevant Hospital/ Practitioner in case you wish to point out any discrepancies or add, delete, or modify the information in any manner.

3.1.11.6 The Health Account is provided on a best-efforts as-is basis. While we strive to maintain the highest levels of service availability, Hospitap is not liable for any interruption that may be caused to your access of the Services.

3.1.11.7 The ‘SMS Rx Reminder’ provided by the Health Account is only a supplementary way of reminding you to take your medication as prescribed by your Hospital/doctor. You should refer to your prescription before taking any medicines. Hospitap is not liable if for any reason SMS Rx Reminders are not delivered to you or are delivered late or delivered incorrectly, despite its best efforts. In case you do not wish to receive the SMS Rx Reminders, you can request your Hospital/ doctor to not enable it during your consultation or otherwise, or give a missed call to the number included in the first SMS Rx Reminder that you receive.

3.1.11.8 It is your responsibility to keep your correct mobile number and email ID updated in the Health Account. The records will be sent to the account associated with this mobile number and/or email ID. Every time you change any contact information (mobile or email), we will send a confirmation. Hospitap is not responsible for any loss or inconvenience caused due to your not updating your contact details for the Health Account.

3.1.11.9 Hospitap uses industry–level security and encryption to your Health Account. However, Hospitap cannot guarantee prevent unauthorized access if you lose your login credentials or they are otherwise compromised. Please safeguard your login credentials and report any actual suspected breach of account to support@Hospitap.com.

3.1.11.10 If you access your dependents’ record through your Health Account by registering your dependents with your own Health Account, you are deemed to be responsible for the records of your dependents and all obligations that your dependants would have had had they maintained their own separate individual Health Accounts.

3.1.11.11 In case you want to delete your Health account, you can do so by accessing ‘Profile’ from within your account. This will ensure that your account and any associated records will be deleted from the Health Account. This will however not delete your records stored by your Hospital, doctor(s) and Practitioners.

3.2 RANKING ALGORITHM

Hospitap’s ranking algorithm for the Hospitals/ Practitioners is a fully automated system that lists the Hospitals/ Practitioners, their profile and information regarding their Practice on its Website. These listings of Hospitals/ Practitioners do not represent any fixed objective ranking or endorsement by Hospitap. Hospitap will not be liable for any change in the ranking of the Hospitals/ Practitioners, which may take place from time to time. The listing of Hospitals/ Practitioners will be based on automated computation of the various factors including inputs made by the Users including their comments and feedback. Such factors may change from time to time, in order to improve the listing algorithm. Hospitap in no event will be held responsible for the accuracy and the relevancy of the listing order of the Hospitap/ Practitioners on the Website.

3.3 LISTING CONTENT AND DISSEMINATING INFORMATION

3.3.1 Hospitap collects, directly or indirectly, and displays on the Website, relevant information regarding the profile and practice of the Hospitals/ Practitioners listed on the Website, such as their specialisation, qualification, fees, location, visiting hours, and similar details. Hospitap takes reasonable efforts to ensure that such information is updated at frequent intervals. Although Hospitap screens and vets the information and photos submitted by the Hospitals/Practitioners, it cannot be held liable for any inaccuracies or incompleteness represented from it, despite such reasonable efforts.

3.4 APPOINTMENT BOOKING AND INTERACTION WITH HOSPITALS/ PRACTITIONERS

3.4.1 While Hospitap will try to ensure a confirmed appointment for an End-User who requested an appointment on Website, Hospitap does not guarantee that a patient will get a confirmed appointment. Further, Hospitap has no liability if such appointment is confirmed but later cancelled by Hospital/ Practices or Practitioners, or the Practitioners are not available as per the given appointment time.

3.4.2 Hospitap provides value added telephonic services which connects Users directly to the Hospital/ Practitioners and the information exchanged between the User and the Hospital/ Practitioners is stored and used in accordance with the Privacy Policy. However, it is at the discretion of the User, to avail the Service. If a User has used the telephony service, Hospitap reserves the right to share the contact details of the User with the Practitioners contacted.

3.4.3 You understand and agree that any interactions and associated issues with other Users including but not limited to your health issues and your experiences is strictly between you and the other Users. You shall not hold Hospitap responsible for any such interactions and associated issues. For avoidance of doubt, Hospitap is not involved in providing any healthcare or medical advice or diagnosis and hence is not responsible for any outcome between you and the Hospital/ Practitioner you interact with, pursuant to any interactions on the Website. If you decide to engage with a Hospital/ Practitioner to provide medical services to you, you do so at your own risk. The results of any search you perform on the Website for Hospital/ Practitioners should not be construed as an endorsement by Hospitap of any such particular Practitioner. Hospitap shall not be responsible for any breach of service or service deficiency by any Hospital/ Practitioner. We cannot assure nor guarantee the ability or intent of the Hospital(s)/ Practitioner(s) to fulfill their obligations towards you. We advise you to perform your own investigation prior to selecting a Hospital/ Practitioner.

3.4.4 Without prejudice to the generality of the above, Hospitap will not be liable for:

3.4.4.1 Any wrong medication or treatment quality being given by the Hospital(s)/ Practitioner(s), or any medical negligence on part of the Hospital(s)/ Practitioner(s);

3.4.4.2 Any type of inconvenience suffered by the User due to a failure on the part of the Hospital/ Practitioner to provide agreed services or to make himself/herself available at the appointed time, no show by the Hospital/ Practitioner, inappropriate treatment, or similar difficulties;

3.4.4.3 Any misconduct or inappropriate behaviour by the Hospital/ Practitioner or the Hospital/ Practitioner’s staff;

3.4.4.4 Cancellation or rescheduling of booked appointment or any variance in the fees charged;

3.4.4.5 Any medical eventualities that might occur subsequent to using the services of a Practitioner, whom the User has selected on the basis of the information available on the Website or with whom the User has booked an appointment through the Website.

3.4.5 Further, Hospitap shall not be liable, under any event, for any comments or feedback given by any of the Users in relation to the services provided by another User. All such feedback should be made in accordance with applicable law. The option of Users to give feedback remains at Hospitap’s sole discretion and may be modified or withdrawn at its sole discretion. Hospitap may moderate such feedback at any time. Hospitap shall not be obliged to act in any manner to give effect to the content of Users’ feedback, such as suggestions for delisting of a particular Practitioner from the Website.

3.5 NO HOSPITAL/DOCTOR-PATIENT RELATIONSHIP; NOT FOR EMERGENCY USE

3.5.1 Please note that some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, “Information”) that may be available on the Website (including information provided in direct response to your questions or postings) may be provided by individuals in the medical profession. The provision of such Information does not create a licensed medical professional/patient relationship, between Hospitap and you and does not constitute an opinion, medical advice, or diagnosis or treatment of any particular condition, but is only provided to assist you with locating appropriate medical care from a qualified practitioner.

3.5.2 It is hereby expressly clarified that, the Information that you obtain or receive from Hospitap, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Website is for informational purposes only. We make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, quality of work, expertise or other information provided on the Website. In no event shall we be liable to you or anyone else for any decision made or action taken by you in reliance on such information.

3.5.3 The Services are not intended to be a substitute for getting in touch with emergency healthcare. If you are an End-User facing a medical emergency (either on your or a another person’s behalf), please contact an ambulance service or hospital directly.

3.6 CONTENT OWNERSHIP AND COPYRIGHT CONDITIONS OF ACCESS

3.6.1 The contents listed on the Website are (i) User generated content, or (ii) belong to Hospitap. The information that is collected by Hospitap directly or indirectly from the End- Users and the Hospital/ Practitioners shall belong to Hospitap. Copying of the copyrighted content published by Hospitap on the Website for any commercial purpose or for the purpose of earning profit will be a violation of copyright and Hospitap reserves its rights under applicable law accordingly.

3.6.2 Hospitap authorizes the User to view and access the content available on or from the Website solely for ordering, receiving, delivering and communicating only as per this Agreement. The contents of the Website, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the Website (collectively, “Hospitap Content”), are the property of Hospitap and are protected under copyright, trademark and other laws. User shall not modify the Hospitap Content or reproduce, display, publicly perform, distribute, or otherwise use the Hospitap Content in any way for any public or commercial purpose or for personal gain.

3.6.3 User shall not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.

3.7 REVIEWS AND FEEDBACK

By using this Website, you agree that any information shared by you with Hospitap or with any Hospital/ Practitioner will be subject to our Privacy Policy. Hospitap at its discretion, may or may not display your reviews and feedback. You agree that Hospitap 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 Hospitap’s services; and/or
Obtaining feedback in relation to any Practitioners listed on the Website;

4. TERMS OF USE: HOSPITALS/ PRACTITIONERS

The terms in this Clause 4 are applicable only to Hospital/ Practitioners.

4.1 LISTING POLICY

4.1.1 Hospitap, directly and indirectly, collects information regarding the Hospital/ Practitioners’ profiles, contact details, and practice. Hospitap reserves the right to take down any Hospital/ Practitioner’s profile as well as the right to display the profile of the Hospitals/ Practitioners, with or without notice to the concerned Hospital/ Practitioner. This information is collected for the purpose of facilitating interaction with the End-Users and other Users. If any information displayed on the Website in connection with you and your profile is found to be incorrect, you are required to inform Hospitap immediately to enable Hospitap to make the necessary amendments.

4.1.2 Hospitap shall not be liable and responsible for the ranking of the Hospitals/ Practitioners on external websites and search engines

4.1.3 Hospitap shall not be responsible or liable in any manner to the Users for any losses, damage, injuries or expenses incurred by the Users as a result of any disclosures or publications made by Hospitap, where the User has expressly or implicitly consented to the making of disclosures or publications by Hospitap. If the User had revoked such consent under the terms of the Privacy Policy, then Hospitap shall not be responsible or liable in any manner to the User for any losses, damage, injuries or expenses incurred by the User as a result of any disclosures made by Hospitap prior to its actual receipt of such revocation.

4.1.4 Hospitap reserves the right to moderate the suggestions made by the Hospitals/ Practitioners through feedback and the right to remove any abusive or inappropriate or promotional content added on the Website. However, Hospitap shall not be liable if any inactive, inaccurate, fraudulent, or non- existent profiles of Hospitals/ Practitioners are added to the Website.

4.1.5 Hospitals/ Practitioners explicitly agree that Hospitap reserves the right to publish the Content provided by Hospitals/ Practitioners to a third party including content platforms.

4.1.6 When you are listed on Hospitap.com, End-Users may see a ‘show number’ option. When End-Users choose this option, they choose to call your number through a free telephony service provided by Hospitap, and the records of such calls are recorded and stored in Hospitap’s servers. Such records are dealt with only in accordance with the terms of the Privacy Policy. Such call facility provided to End-Users and to you by Hospitap should be used only for appointment and booking purposes, and not for consultation on health-related issues. Hospitap accepts no liability if the call facility is not used in accordance with the foregoing.

4.1.7 You as a Hospital/ Practitioner hereby represent and warrant that you will use the Services in accordance with applicable law. Any contravention of applicable law as a result of your use of these Services is your sole responsibility, and Hospitap accepts no liability for the same.

4.2 PROFILE OWNERSHIP AND EDITING RIGHTS

Hospitap ensures easy access to the Hospitals/ Practitioners by providing a tool to update your profile information. Hospitap reserves the right of ownership of all the Hospital/ Practitioner’s profile and photographs and to moderate the changes or updates requested by Hospital/ Practitioners. However, Hospitap takes the independent decision whether to publish or reject the requests submitted for the respective changes or updates. You hereby represent and warrant that you are fully entitled under law to upload all content uploaded by you as part of your profile or otherwise while using Hospitap’s services, and that no such content breaches any third party rights, including intellectual property rights. Upon becoming aware of a breach of the foregoing representation, Hospitap may modify or delete parts of your profile information at its sole discretion with or without notice to you.

4.3 REVIEWS AND FEEDBACK DISPLAY RIGHTS OF HOSPITAP

4.3.1 All feedbacks, ratings and reviews (“Critical Content”) is content created by the Users of www.Hospitap.com (“Website”) and the clients of Hospitap customers including the End-Users. As a platform, Hospitap does not take responsibility for Critical Content. The modus operandi of collecting this feedback is explained under Hospitap Feedback Collection and Fraud Detection Policy, annexed as the Schedule hereto.

4.3.2 Hospitap reserves the right to collect feedback and Critical Content for all the Practitioners, Clinics and Healthcare Providers listed on the Website.

4.3.3 Hospitap shall have no obligation to pre-screen, review, flag, filter, modify, refuse or remove any or all Critical Content from any Service.

4.3.4 Hospitap reserves the right to moderate, publish, re-publish and use all user generated contributions and comments (including but not limited to reviews) posted on the Website as it deems appropriate (whether in whole or in part) for its product (s), whether owned or affiliated. Hospitap shall not be liable to pay any considerations to any User for re-publishing any content across any of its platforms.

4.3.5 You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you may use the Service at your own risk.

4.3.6 Hospitap will take down information under standards consistent with applicable law, and shall in no circumstances be liable or responsible for Critical Content, which has been created by the Users. The principles set out in relation to third party content in the terms of Service for the Website shall be applicable mutatis mutandis in relation to Critical Content posted on the Website.

4.3.7 If Hospitap determines that you have provided inaccurate information or enabled fraudulent feedback, Hospitap reserves the right to immediately suspend any of your accounts with Hospitap and makes such declaration on the website alongside your name/your clinics name as determined by Hospitap for the protection of its business and in the interests of Users.

4.3.8 You represent, warrant and undertake to Hospitap that all information which you have provided or will provide to Hospitap is and will be true, complete and accurate in all respects and not misleading, and you will use your best endeavours to notify Hospitap as soon as practicable of any fact or matter or circumstances which renders any such information untrue, inaccurate or misleading.

4.3.9 You shall indemnify and hold harmless Hospitap, its affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including, but not limited to, court fees and reasonable attorney fees and costs) suffered by Hospitap, its affiliates, officers, directors, employees, consultants, licensors, agents, and representatives as a result of:

4.3.9.1 You failing to comply with your obligations under any privacy laws applicable in your country; and

4.3.9.2 Any fraudulent, untrue, inaccurate, not current or incomplete information which you have provided or any fraudulent feedback which you have enabled that has adversely affected Hospitap or its Users.

4.4 RANKING ALGORITHM

Hospitap has designed the ranking algorithm in the best interest of the End-User and may adjust the ranking from time to time to improve the quality of the results given to the patients. It is a pure merit driven, proprietary ranking algorithm which cannot be altered for specific Hospitals/ Practitioners. Hospitap shall not be liable for any effect on the Hospitals/Practitioner’s business interests due to the rank of the doctor in the Ranking Algorithm.

4.5 INDEPENDENT SERVICES

Your use of each Service confers upon you only the rights and obligations relating to such Service, and not to any other service that may be provided by Hospitap.

4.6 HOSPITAP REACH RIGHTS

Hospitap reserves the rights to display sponsored ads on the Website. These ads would be marked as “Sponsored Listings”. Without prejudice to the status of other content, Hospitap will not be liable for the accuracy of information or the claims made in the Sponsored Listings. Hospitap does not encourage the Users to visit the Sponsored Listings page or to avail any services from them. Hospitap will not be liable for the services of the providers of the Sponsored Listings.
You represent and warrant that you will use these Services in accordance with applicable law. Any contravention of applicable law as a result of your use of these Services is your sole responsibility, and Hospitap accepts no liability for the same.

5. RIGHTS AND OBLIGATIONS RELATING TO CONTENT

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

5.1.1 Belongs to another person and to which the User does not have any right to;

5.1.2 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;

5.1.3 Harm minors in any way;

5.1.4 Infringes any patent, trademark, copyright or other proprietary rights;

5.1.5 Violates any law for the time being in force;

5.1.6 Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

5.1.7 Impersonate another person;

5.1.8 Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;

5.1.9 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 cognisable offence or prevents investigation of any offence or is insulting any other nation.

5.2 Users are also prohibited from:

5.2.1 Violating or attempting to violate the integrity or security of the Website or any Hospitap Content;

5.2.2 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 Hospitap;

5.2.3 Intentionally submitting on the Website any incomplete, false or inaccurate information;

5.2.4 Making any unsolicited communications to other Users;

5.2.5 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;

5.2.6 Attempting to decipher, decompile, disassemble or reverse engineer any part of the Website;

5.2.7 Copying or duplicating in any manner any of the Hospitap Content or other information available from the Website;

5.2.8 Framing or hot linking or deep linking any Hospitap Content.

5.2.9 Circumventing or disabling any digital rights management, usage rules, or other security features of the Software.

5.3 Hospitap, 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 5.1 and 5.2. Hospitap 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.

5.4 In case of non-compliance with any applicable laws, rules or regulations, or the Agreement (including the Privacy Policy) by a User, Hospitap 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.

5.5 Hospitap 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 Hospitap to transfer sensitive personal data or information including any information, to any other body corporate or a person in Singapore or ASIAN Countries, or located in any other country, that ensures the same level of data protection that is adhered to by Hospitap as provided for under the SPI Rules, only if such transfer is necessary for the performance of the lawful contract between Hospitap or any person on its behalf and the User or where the User has consented to data transfer.

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

6 TERMINATION

6.1 Hospitap 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,

6.2 Such User breaches any terms and conditions of the Agreement;

6.3 A third party reports violation of any of its right as a result of your use of the Services;

6.4 Hospitap is unable to verify or authenticate any information provide to Hospitap by a User;

6.5 Hospitap has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User; or

6.6 Hospitap believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for Hospitap or are contrary to the interests of the Website.

6.7 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.

7 LIMITATION OF LIABILITY

7.1 In no event, including but not limited to negligence, shall Hospitap, or any of its 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, the Website 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:

7.1.1 Provision of or failure to provide all or any service by Practitioners to End- Users contacted or managed through the Website;

7.1.2 Any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Website;

7.1.3 Any unauthorized access to or alteration of your transmissions or data; or

7.1.4 Any other matter relating to the Website or the Service.

7.1.5 In no event shall the total aggregate liability of the Protected Entities to a User for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from this Agreement or a User’s use of the Website or the Services exceed, in the aggregate Singapore $1.

8 RETENTION AND REMOVAL

8.1 Hospitap 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.

9 No Guarantee, Representation or Warranty

9.1 The Services provided by Hospitap or any of its licensors or service providers are provided on an “as is” and “as available’ basis and, to the fullest extent permitted by applicable laws, without any express or implied guarantees, representations or warranties about its Website or Services (including, but not limited to, any implied warranties of merchantability, accuracy, fitness for a particular purpose or use, title and non-infringement, howsoever arising, including but not limited to, by statute or otherwise in law or from a course of dealing or usage or trade). Hospitap does not provide or make any representation, warranty or guarantee, express or implied about the Website or the Services. Hospitap does not guarantee the accuracy or completeness of any content or information provided by Users on the Website. Hospitap does not verify any content or information provided by Users on the Website and to the fullest extent permitted by applicable laws, Hospitap disclaims all liability arising out of the User’s use or reliance upon the Website, the Services, representations and warranties made by other Users, the content or information provided by the Users on the Website, or any opinion or suggestion given or expressed by Hospitap or any User in relation to any User or services provided by such User.

9.2 The Website may be linked to the website of third parties, affiliates and business partners. Hospitap has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through our Website. Inclusion of any link on the Website does not imply that Hospitap endorses the linked site. User may use the links and these services at User’s own risk.

9.3 Hospitap assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect User’s equipment on account of User’s access to, use of, or browsing the Website or the downloading of any material, data, text, images, video content, or audio content from the Website. If a User is dissatisfied with the Website, User’s sole remedy is to discontinue using the Website.

9.4 If Hospitap determines that you have provided fraudulent, inaccurate, or incomplete information, including without limitation, through feedback, Hospitap reserves the right to immediately suspend your access to the Website or any of your accounts with Hospitap and make such declaration on the Website alongside your name/your clinic’s name as determined by Hospitap for the protection of its business and in the interests of Users. You shall indemnify and hold harmless Hospitap, its affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including, but not limited to, court fees and reasonable attorney fees and costs) suffered by Hospitap, its affiliates, officers, directors, employees, consultants, licensors, agents, and representatives as a result of any fraudulent, inaccurate, or incomplete information (including without limitation, through feedback) which you have provided that has adversely affected Hospitap or its Users.

10 INDEMNITY

10.1 User shall indemnify and hold harmless Hospitap, its affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including, but not limited to, court fees and reasonable attorney fees and costs) arising from the User’s (a) access to or use of the Services, (b) breach or violation of this Agreement, (c) infringement, or infringement by any other User of the User’s account, of any intellectual property or other right of any person or entity, (d) breach of any applicable laws in the User’s Jurisdiction, or (e) breach of any representation or warranty contained in this Agreement. Hospitap will endeavor to 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.

11 APPLICABLE LAW AND DISPUTE SETTLEMENT

11.1 You agree that this Agreement and any contractual obligation between Hospitap and User will be governed by the laws of Singapore.

11.2 The Users and Hospitap agree that all attempts shall be made to settle any dispute, claim or action arising out of these Subscription Terms of Use through amicable negotiations within 15 (fifteen) days of the claim first being made. If the negotiations fail, the Users and Hospitap will attempt to resolve the dispute by a mediator appointed by mutual consent. The venue of such mediation shall be Singapore.

11.3 In the case of failure to resolve finally the dispute in the manner set out in Clause 11.2 above, within 30 (thirty) days from the date of first raising the claim, the same shall be decided by binding arbitration by a sole arbitrator appointed by Hospitap. The seat of arbitration shall be Singapore.

11.4 The Courts at Singapore shall have exclusive jurisdiction over all matters pertaining to this Agreement.

12 CONTACT INFORMATION; GRIEVANCE OFFICE

12.1 If a User has any questions concerning Hospitap, the Website, this Agreement, the Services, or anything related to any of the foregoing, Hospitap customer support can be reached at the following email address: support@Hospitap.com or via the contact information available from the following hyperlink: www.Hospitap.com/contact.

12.2 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 grievances with respect to processing of information, you can contact our Grievance Officer at:

12.2.1 Name: Mr. Sandeep Bangara

Think New Holdings Pte. Ltd.,
20 Maxwell Road, #06-03, Maxwell House, Singapore – 069113. Phone: +65 6222 8291
Email: sandeep@hospitap.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.

13 SEVERABILITY

13.1 If any provision of the Agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from this Agreement and the remainder of the Agreement 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 Agreement 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

No provision of this Agreement shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by Hospitap. Any consent by Hospitap to, or a waiver by Hospitap 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.