The Website is available only to entities and persons who have reached the age of legal majority and are competent to enter into a legally binding agreement(s) under the applicable law. If you do not qualify, you are not permitted to use the Website.
YOUR USE OF THIS WEBSITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS.
It governs the use of the website (www.rxcancer.com) and email communications received on [email protected], [email protected], [email protected], [email protected], including any communication established on our helpline numbers.
All the website and email communication mentioned above are owned and operated by Online Second Opinion (OSO) private limited company registered under the provisions of sub-section (2) of section 7 and sub-section (1) of section 8 of the Company Act, 2013 (18 of 2013) and rule 18 of the Companies (Incorporation) Rules, 2014, having its registered office at C/O ARVIND KUMAR, S/O JAGDISH PD.YADAV GOSAI TOLA PATLIPUTRA COLONY PATNA, PATNA -800013 BIHAR
- The term ‘RxCancer’ or ‘We’ or ‘Us’ and all its grammatical variations refers to the owner of the company and the term ‘you’ or ‘user’ and all its grammatical variations refers to the user or viewer of the website.
- User’s access to the use of website and/or mobile application is governed by their acceptance of these terms. These Terms and Conditions apply to all visitors, user and all other who access or use the services.
SERVICES OFFERED BY RXCANCER
The services of Rxcancer platform is available to all the citizens residing in India even to the most remote location of country. All the citizen over the age of eighteen (18) years can register and avail the services of our website. Citizens below the age of eighteen (18) years can use the services with help of their parent or legal guardian. The services offered are mentioned below:
To provide online second opinion for cancer patients by single Oncologist, other Doctor, Group of Oncologist or doctor (Tumor Board) or facilitates audio or Video call between patient or attendant and Doctor, suggesting patients or users better Cancer Hospital or Diagnostic center in India or abroad and to provide its above mentioned services through website/portal, run and operated by the company. The company will provide its above mentioned services through website / Portal named www.rxcancer.com. To start referral and recommendation services for cancer or other diseases through www.rxcancer.com or other website / Portal of this company to different Hospitals or diagnostic center in India or abroad. For this the company will charge from the user or the Hospital/Diagnostic Centre or from both user and Hospital/Diagnostic center. All the information or suggestion provided via the medium of this platform are with utmost bonafide intend to educate, aware, acknowledge and to provide adequate information about the patient’s Cancer/disease to the patient or to the user of this Platform. It is very important to mention that the information or suggestion provided does not establish the Doctor patient relationship. The Platform and Doctors, consulting via the Platform, does not diagnose, treat treatments that one ought to peruse, however the user might incorporate the modalities of treatment, or drugs as suggested by our experts in your treatment plan only after discussion, physical examination and approval from your primary treating oncologist who routinely examines you clinically. Patient treatment will be decided by the doctor who examines him/her in clinic or Hospital in person physically because the exact drugs and doses can be suitably advised only when a doctor examines a patient physically. Hence one is always advised to be in touch with his / her oncologist in physical for treatment decision or execution. The Company, The Platform or any of its employee will not be responsible for any ill effects or death or any other adverse consequences arising from the treatment if followed, as this Platform is incorporated with the sole intend to educate you regarding the latest guideline based suggestion as per the information given by the Patient or any user of the Platform. The diagnosis and treatment is to be followed only after physical examination of patients.
- The interactions in “Talk to Expert”, will be coordinated and will be attended by our Rx Team member and the same can be recorded for future reference.
- Rx team do not receive or ask to send any details (medical or non-medical) on WhatsApp or any other messaging applications such as telegram, signal, etc.. All the communications will be done either through RxCancer portal or the company Email-Id exclusively.
- For “Online Second Opinion”, “Talk to Expert”, and “Tumor Board”, a highly qualified Doctor/Team of oncologist/Team of doctors will be allotted for your case as per their availability and confirmation. Rx Team has the sole right to decide which expert or team of expert will be allotted a particular case.
- Response time will be five (5) working days after making payment to the opted service. Any delay in providing necessary information or reports by the user’s end will not be counted in the response time mentioned above.
PAYMENTS AND REFUNDS
- The company has partnered with third party payment gateways , “Razor Pay” for the processing of transactions made in lieu of availing services. The company is not liable for any failed transactions. All the refund of the failed transaction (if amount is deducted) will be governed by the payment gateway’s refund policy.
- The company may initiate a refund of full or partial amount if the company is in toto unable to provide assigned services due to unavailability of doctors.
- If the services are delivered within additional 3 days of assigned period then no refund or concession will be given. If the services are given after additional 3 days of assigned period then 30% of total payment will be refunded in the account of user within 30 days of payment.
- In the “Opinion from Stalwarts”, we will give you the option to select the Stalwarts & our team will try to provide you the expert of your choice as per the availability. However since the availability of Stalwarts is a dynamic process and on some occasions they may not be available. So in this case we will give you the option of Stalwarts from our team. If the user is not willing to get the opinion from the Stalwarts of our choice then we will initiate refund of your amount.
- In “Talk to Expert” if the patient ask for a particular Expert of their choice, the fees might vary and the difference amount is liable to pay by the patient after confirm from the expert end and before scheduling of appointment.
INTELLECTUAL PROPERTY AND THIRD PARTY RIGHTS
The use of the website is in compliance with all applicable laws and regulations. Any illegal or unlawful will hinder the efficient functioning of the website and the same is strictly prohibited by law. The user shall not engage in transmission of “spam”, chain letters, junk mail or any other type of unsolicited communications.
The company may remove any content from the platform that it consider objectionable or inappropriate.
LIMITATION OF LIABILITY
LAW AND JURISDICTION
This legal document/agreement is governed under the provision of Indian law, including but not limited to the following:
- The (Indian) Information Technology Act 2000;
- The Indian contract Act, 1872;
- The (Indian) Information Technology (Reasonable security practice and procedures and sensitive personal (Information) Rules,2011 and
- The (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011
- Consumer Protection Act, 2019
By using this website, you agree that the Indian Contract Act, 1872, The (Indian) Information Technology Act 2000, other applicable Indian Laws and Laws prevalent in State of Bihar, without regards to principle of conflicts of Laws, will govern these Terms and Condition of use and any dispute arising out between RxCancer and the users.
The company and its website originates from the Indian state of Bihar, and so the agreements will have jurisdiction under of Hon’ble High Court, Patna.
ACCOUNTS, PASSWORDS AND SECURITY
Certain features or services offered on or through the website may require you to open an account (including setting up an ID and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by or any other user of or visitor to the Site due to someone else using your ID, password or account as a result of your failing to keep your account information secure and confidential.
You may not use anyone else’s ID, password or account at any time without the express permission and consent of the holder of that ID, password or account. cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
The user agrees to indemnify, defend and hold harmless, the company, all its employees, representatives and its third party affiliates from and against all kinds of losses, expenses, damages, expenses including reasonable advocates fees, injury and/or death which user or any third party suffer arising, in connection with or resulting from user’s violation of these Terms and Conditions and/or your participation in the program and/or infringement by an user of any intellectual property rights of any person or entity or the inaccuracy or unauthentic data provided by the user during registration process.
The company at any point of time may seek written undertaking to indemnify the company in such cases and hence failure to provide such assurance will amount to breach of this agreement.
Any legal proceeding initiated by the company or the user shall be notified to the other party.
RxCancer reserves the right to terminate your access to the Website if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website and RxCancer may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Products. If your access to the Website is terminated, RxCancer reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the Website. This Agreement will survive indefinitely unless and until RxCancer chooses, in its sole discretion and without advance to you, to terminate it.
OTHER MISCELLANEOUS PROVISIONS
NO WAIVER: Any delay of failure to exercise any right or provision of any policy mentioned here would not constitute a waiver of such right or provision.
FORCE MAJEURE: In the event of earthquake, flood, fire, storm, natural disaster, act of god, war, terrorism, armed conflict, labour strike, lockout, or boycott, the company is not responsible for any interruption, delay in providing services or termination of any services. The company may at any time terminate its operation of the website in its sole discretion and, without any prior notice.
INTMATION ADDRESS: All the notices given by the user to company or vice-versa should be in writing in English or in Hindi language, through email or in written mailed to the following company address:-Online Second Opinion (OSO) Private Limited,
C/O Arvind Kumar, S/O Jagdish Pd Yadav,
Gosai Tola, Patliputra colony, Patna – 800013.
Email: [email protected] Notice to user will be sent on the email id provided by the user at the time of registration.
REDRESSAL OF GRIEVANCES
In case user have any questions or grievances regarding the use of the website or services offered, he/she can reach out to the Grievance officer of the company at [email protected] or [email protected] in the name of “The Grievance officer”. The officer will address any complaint/issue raised by the user within a time period of 30 Days from the date when it is raised.
DISCLAIMER: I as subscriber/user of the services offered through the web portal www.rxcancer.com , do hereby expressly authorize RxCancer.com & Online Second Opinion (OSO) Private Limited and any of their business associates to call/ SMS my/ our registered phone numbers (as provided by me / us to Rxcancer.com). I hereby expressly state that such authorization shall override the national do-not disturb registry (“DND”) even if the phone numbers in question are registered under DND list of national consumer preference registry (NCPR/NDNC). I/we also undertake that I/we will not make any complaints to NDNC for any calls received form Rxcancer.com service/ products, and shall indemnify Rxcancer.com and any of its business associates for having engaged in any such practice. I realize, acknowledge and expressly authorize Rxcancer.com to make the initial communication (via call /SMS /E-mail/WhatsApp) for the purposes of confirmation of my credentials provided by me. I hereby authorize Rxcancer.com and its business associates to continue contacting me via any of the modes of communication listed above, till such time as I expressly opt-out / unsubscribe from the service offered by Rxcancer.com. Till such time, Rxcancer.com and its business associates shall have all rights to continue communicating with me and I shall completely indemnify them against any liability that may arise as a result of such authorization to communicate. Such indemnification shall extend to court cases and suits and all lawyer/ advocate fees, even if the dispute is never subjected to judicial scrutiny.