Terms And Conditions

Effective Date: December 16, 2024

AVNXpert (referred to as “we”, “us”, “AVNXpert”) is the author and publisher of the internet resource https://avnxpert.com/ and its subdomains (together referred to as “Websites”) on the World Wide Web, as well as other connected software and applications provided by AVNXpert. Together with Websites, these are referred to as “Services”. AVNXpert provides the Services in partnership with its agents, affiliates, associates, representatives, or other third parties (together referred to as “Partners”).

Nature and Applicability of Terms

Please carefully go through these terms and conditions (“Terms”) and the privacy policy available at https://avnxpert.com/privacy (“Privacy Policy”) before you decide to access the Website or avail the Services made available by us. These Terms and the Privacy Policy together constitute a legal agreement (“Agreement”) between you and AVNXpert 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:

A patient, his/her representatives/attendant/relative/friend or affiliates (“you” or “User”);
A user of the Website (“you” or “User”).

This Agreement applies to all services made available by AVNXpert on the Website. The Services may change from time to time, at the sole discretion of AVNXpert, 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 how we shall treat your account while you are registered as a member with us. If you have any questions about any part of the Agreement, feel free to contact us at info@avnxpert .com.

By downloading or accessing the Website to use the Services, you irrevocably accept all the terms and conditions stipulated in this Agreement and agree to fully abide by them.

This Agreement supersedes all previous oral and written terms and conditions (if any) communicated to you. By availing any Service, you signify your agreement and acceptance to this Agreement.

We reserve the right to modify or terminate any portion of the Agreement for any reason and at any time.

You should read the Agreement at regular intervals. Your use of the Website following any such modification constitutes your agreement to follow and be bound by the Agreement so modified. Any additional terms and conditions, disclaimers, privacy policies, and other policies applicable in general and/or to specific areas of this Website or particular Service are also considered as part of the Agreement.

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

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

The Indian Contract Act, 1872,
The (Indian) Information Technology Act, 2000, and
The rules, regulations, guidelines, and clarifications framed thereunder, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”).

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 AVNXpert 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.

End-User Account and Data Privacy

Data Collection and Usage

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

AVNXpert and its Partners may, through the Services, collect information relating to the devices through which you access the Website, the location from which you access, and anonymous data of your usage. The collected information will be used only for improving the quality of the Services and to build new services.

The Website and App allow AVNXpert and its Partners to have access to Users’ email or phone number, for communication and analytics.

Privacy Policy

The Privacy Policy sets out:

The type of information collected from Users, including sensitive personal data or information;
The purpose, means, and modes of usage of such information;
How and to whom AVNXpert will disclose such information; and,
Other information mandated by the SPI Rules.

The User is expected to read and understand the Privacy Policy to ensure that they are aware of:

The fact that certain information is being collected
The purpose for which the information is being collected
The intended recipients of the information
The nature of collection and retention of the information; and
The various rights available to such Users in respect of such information.

User Responsibilities

AVNXpert and its Partners shall not be responsible in any manner for the authenticity or correctness of the personal information or sensitive personal data or information supplied by the User to AVNXpert or any other person acting on behalf of AVNXpert or its Partners.

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

Communication

AVNXpert and its Partners may use such information collected from Users from time to time to debug customer support-related issues.

AVNXpert may now or in the future provide Services where you may be able to converse with AVNXpert, its authorized representatives, its doctors, or similar stakeholders via online chat, text messages, video call, or voice call. When you choose this option, the records of such conversations, calls, or exchanges may be recorded and stored in AVNXpert’s or its Partners’ servers. Such records are dealt with only by the terms of the Privacy Policy. AVNXpert and its Partners accept no liability if you choose to use such a facility to interact with doctors or clinicians or if the facility is not used by the foregoing.

The details which we get from the end-user/customer, we use them further to communicate with them via call/email/SMS.

To opt-out from our communications through SMS/E-mail, etc., please write to us at info@avnxpert.com.

Listing Content and Disseminating Information

AVNXpert collects, directly or indirectly, and displays on the Website relevant information regarding the profile and practice of the Practitioners listed on the Website, such as their specialization, qualification, fees, location, visiting hours, and similar details. Such display of information about the Practitioners shall not be construed as advertising or soliciting their services. AVNXpert takes reasonable efforts to ensure that such information is updated at frequent intervals. AVNXpert cannot be held liable for any inaccuracies or incompleteness represented by it, despite such reasonable efforts.

AVNXpert and its Partners do not provide or make any representation, warranty, or guarantee, express or implied, about the Website or the Services. AVNXpert and its Partners do not guarantee the accuracy or completeness of any content or information provided by Users on the Website. To the fullest extent permitted by law, AVNXpert and its Partners disclaim 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 AVNXpert or its Partners or any User in relation to any User or services provided by such User.

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

AVNXpert and its Partners assume 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, the User’s sole remedy is to discontinue using the Website.

If AVNXpert determines through feedback or otherwise that you have provided fraudulent, inaccurate, incomplete, or false information, AVNXpert reserves the right to immediately suspend your access to the Website or any of your accounts with AVNXpert and make such a declaration about the suspension on the website alongside your name as determined by AVNXpert for the protection of its business and in the interests of Users. You shall be liable to indemnify AVNXpert and its Partners for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected AVNXpert, its Partners, or its Users.

Booking Appointments, Diagnostic Tests, Ordering Medicines, and Interaction with Medical Service Providers

While AVNXpert will try to ensure a confirmed appointment with a medical service provider (like a doctor or diagnostic lab) for a User who requested an appointment on the Website, AVNXpert or its Partners do not guarantee that the User will get a confirmed appointment. Further, AVNXpert and its Partners have no liability if such an appointment is confirmed but later canceled, postponed, or rescheduled by the hospital or medical service provider, or the medical service provider is not available as per the given appointment time.

AVNXpert or its Partners may provide value-added services that connect Users directly to the medical service providers via video call, voice call, text message, online chat, or other electronic means, and the information exchanged between the User and the medical service provider is stored and used by the Privacy Policy. However, it is at the discretion of the User to avail such Service if it is available.

You understand and agree that any interactions and associated issues with other Users including but not limited to your health issues and your experiences are strictly between you and the other Users. You shall not hold AVNXpert or its Partners responsible for any such interactions and associated issues, and AVNXpert will not be held responsible or liable for the same. For the avoidance of doubt, the Services are not to provide any healthcare or medical advice or diagnosis and hence AVNXpert and its Partners are not responsible for any medical or other outcomes between you and the medical service providers you interact with, according to any interactions on the Website. If you decide to engage with a medical service provider to provide medical services to you, you do so at your own risk. AVNXpert or its Partners shall not be responsible for any breach of service or service deficiency by any medical service provider you connect, engage with using the Website. We advise you to perform your investigation or get feedback before selecting a doctor or any other service provider available on the Website.

Without prejudice to the generality of the above, AVNXpert or its Partners will not be liable for:

Any wrong medication or treatment quality being given by the doctor(s), the diagnostic service provider(s), pharmacy(s), or any medical negligence on part of any of the above;
Any type of inconvenience suffered by the User due to a failure on the part of the medical service provider including doctor to make himself/herself available at the appointed time, no show by the doctor, inappropriate treatment, or similar difficulties;
Cancellation or rescheduling of booked appointments or any variance in the fees charged;
Any medical eventualities that might occur after using the services of a doctor, diagnostic lab services, pharmacy, whom the User has selected based on the information available on the Website or with whom the User has booked an appointment or performed a transaction through the Website.

Further, AVNXpert shall not be liable, under any event, for any comments or feedback given by any of the Users about the services provided by another User. All such feedback should be made by applicable law. The option of Users to give feedback remains at AVNXpert’s sole discretion and may be modified or withdrawn at its sole discretion. AVNXpert may moderate such feedback at any time. AVNXpert shall not be obliged to act in any manner to give effect to the content of Users’ feedback.

No Doctor-Patient Relationship & For Emergency Use

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 AVNXpert 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.

It is hereby expressly clarified that the Information that you obtain or receive from AVNXpert, and its employees, contractors, partners, sponsors, advertisers, licensors, or otherwise on the Website is for informational purposes only. In no event shall AVNXpert be liable to you or anyone else for any decision made or action taken by you in reliance on such information.

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

Content Ownership and Copyright Conditions of Access

The contents listed on the Website are:

User-generated content, or
Belong to AVNXpert and its Partners.

The information that is collected by AVNXpert directly or indirectly from the Users shall belong to AVNXpert and its Partners. Copying of the copyrighted content published by AVNXpert or its Partners on the Website for any commercial purpose or to earn profit will be a violation of copyright, and AVNXpert and its Partners reserve their rights to take action under applicable law accordingly.

AVNXpert authorizes the User to view and access the content available on or from the Website solely for ordering, receiving, delivering, sharing, storing, 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, ‘AVNXpert Content’), are the property of AVNXpert or its Partners and are protected under copyright, trademark, and other applicable laws. User shall not modify the AVNXpert Content or reproduce, display, publicly perform, distribute, or otherwise use the AVNXpert Content in any way for any public or commercial purpose or personal gain.

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

Reviews and Feedback

By using this Website, you agree that any information shared by you with AVNXpert or with any other person, medical service provider, or anyone else using the Website, Services will be subject to our Privacy Policy.

You are solely responsible for the content that you choose to submit for publication on the Website, including any feedback, ratings, or reviews (“Critical Content”). The role of AVNXpert in publishing Critical Content is restricted to that of an ‘intermediary’ under the Information Technology Act, 2000. AVNXpert disclaims all responsibility concerning the content of Critical Content, and its role concerning such content is restricted to its obligations as an ‘intermediary’ under the said Act. AVNXpert shall not be liable to pay any consideration to any User for re-publishing any content across any of its or its Partners’ platforms.

Your publication of reviews and feedback on the Website is governed by Clause 9 stated hereinafter. Without prejudice to the detailed terms stated in Clause 9, you hereby agree not to post or publish any content on the Website that:

Infringes any third-party intellectual property or publicity or privacy rights, or
Violates any applicable law or regulation, including but not limited to the IG Rules and SPI Rules.

AVNXpert, at its sole discretion, may choose not to publish your reviews and feedback if so required by applicable law and by Clause 5 of these Terms. You agree that AVNXpert may contact you through telephone, email, SMS, or any other electronic means of communication for:

Obtaining feedback about the Website, AVNXpert’s services; and/or
Obtaining feedback about any medical service providers on the Website; and/or
Resolving any complaints, information, or queries by medical service providers regarding your Critical Content;
and you agree to provide your fullest cooperation further to such communication by AVNXpert.

Rights and Obligations Relating to Content

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

Belongs to another person and to which the User does not have any right to;
Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, racially or ethnically objectionable, disparaging, relates to or encourages money laundering or gambling, or is otherwise unlawful in any manner whatsoever;
Harms minors in any way;
Infringes any patent, trademark, copyright, or other proprietary rights;
Violates any law for the time being in force;
Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing;
Impersonates another person;
Contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer resource;
Threatens the unity, integrity, defense, security, or sovereignty of India, friendly relations with foreign states, public order, or causes incitement to the commission of any cognizable offense, prevents the investigation of any offense, or insults any other nation.

Users are also prohibited from:

Violating or attempting to violate the integrity or security of the Website or any AVNXpert Content;
Transmitting any information (including job posts, messages, and hyperlinks) on or through the Website that is disruptive, competitive, or prejudicial to the provision of Services by AVNXpert;
Intentionally submitting any incomplete, false, or inaccurate information;
Making any unsolicited communications to other Users;
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;
Attempting to decipher, decompile, disassemble, or reverse engineer any part of the Website;
Copying or duplicating in any manner any of the AVNXpert Content or other information available from the Website;
Framing or hotlinking or deep linking any AVNXpert Content.

AVNXpert or its Partners, upon obtaining knowledge by itself or being brought to actual knowledge by an affected person in writing or through an email signed with an electronic signature about any such information (as mentioned above) generated by Users, shall be entitled to remove or disable access to the material or information that is in contravention of this Agreement.

Intellectual Property Rights

The contents of the Website and App are protected by intellectual property laws of India. Reproduction, retransmission, public and/or commercial use of any or all the material on the Website and App are prohibited. The logos, service marks, and trademarks (‘IP Marks’) displayed on the Website are the property of AVNXpert or its Partners or have been licensed to AVNXpert or its Partners by the relevant owners for use. The User may use this material only as expressly authorized by AVNXpert or its Partners.

Disclaimer of Warranties

All information available on the Website (the “Information”) is provided on the condition that the User will make an independent determination in respect of its accuracy, completeness, or usefulness suitability before use. AVNXpert and its Partners will not be responsible for the same.

All information on the Website is provided to you ‘as is’ without warranty of any kind either express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security, or accuracy.

Limitation of Liability

In no event shall AVNXpert or its Partners be liable for any direct, indirect, punitive, incidental, special, consequential damages, or any other damages resulting from: (a) the use or the inability to use the Services; (b) unauthorized access to or alteration of the User’s transmissions or data; (c) any other matter relating to the Services.

Further, AVNXpert shall not be held responsible for non-availability or access to the Website during periodic maintenance operations or any unplanned suspension of access. The User understands and agrees that any material and/or data downloaded or otherwise obtained through the Website is done entirely at his/her discretion and risk.

Indemnity

User agrees to indemnify and hold harmless AVNXpert, its affiliates, officers, directors, employees, consultants, and Partners from any and all third-party claims, losses, liabilities, and damages arising from: (a) User’s access to or use of the Services, (b) violation of this Agreement, or (c) infringement by any other User of his/her/its account.

Applicable Law and Dispute Settlement

You agree that this Agreement and any contractual obligation between AVNXpert and User will be governed by the laws of India. The courts at Indore shall have exclusive jurisdiction over any disputes arising out of or about this Agreement.

Contact Information Grievance Officer

If a User has any questions concerning AVNXpert, the Website, this Agreement, or the Services, please write to us at info@avnxpert.com

In accordance with the Information Technology Act, 2000, and the rules made thereunder, you can contact our Grievance Officer at:

The Grievance Officer,
AVNXpert,
Email: info@avnxper t.com

Severability

If any provision of the Agreement is held by a court of competent jurisdiction 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.

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 AVNXpert.

Contact Clause

The user, by sharing his/her contact number on our Website or on call, is authorizing AVNXpert and its representatives to get in touch with the user, receive promotional calls, and offer products and services available on this Website. This clause overrides the fact that the user is registered under DND or DNC service.