TERMS AND CONDITIONS
Last updated: September 9, 2024

AGREEMENT TO OUR LEGAL TERMS
We are Sanjivani Multispeciality Hospital, operated by Manav Seva Education & Charitable Trust, Tadaja (referred to as ‘Company’, ‘Trust’, ‘we’, ‘us’, or ‘our’), a trust registered in India at:
2nd & 3rd Floor, Arom Complex, Dabhoi Road, Soma Talav Char Rasta, Vadodara – 390025.

We operate the website https://sanjivanimsh.in/ (the ‘Site’) along with any other related products and services that refer or link to these legal terms (the ‘Legal Terms’) (collectively, the ‘Services’).

For any inquiries, you can contact us via:

• Phone: 70 40 108 108
• Email: hospital@sanjivanimsh.in or sanjivanimsh01@gmail.com
• Postal mail: 2nd & 3rd Floor, Arom Complex, Dabhoi Road, Soma Talav Char Rasta, Vadodara – 390025.

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity (‘you’), and Sanjivani Multispeciality Hospital (‘we’, ‘us’, or ‘our’), concerning your access to and use of the Services.

By accessing or using the Services, you confirm that you have read, understood, and agreed to be bound by these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES, AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Any supplemental terms or documents that may be posted from time to time on the Services are expressly incorporated herein by reference. We reserve the right to make changes or modifications to these Legal Terms at our sole discretion and for any reason. If we make changes, we will update the ‘Last updated’ date of these Legal Terms. By continuing to use the Services after these changes are posted, you agree to be bound by the revised terms. You waive any right to receive specific notice of each modification, and it is your responsibility to review these Legal Terms periodically to stay informed of updates.

The Services are intended for users who are at least 18 years old. Individuals under 18 years of age are not permitted to use or register for the Services.

We recommend that you print a copy of these Legal Terms for your records.

TABLE OF CONTENTS

1. Our Services
2. Intellectual Property Rights
3. User Representations
4. Prohibited Activities
5. User-Generated Contributions
6. Contribution License
7. Services Management
8. Privacy Policy
9. Term and Termination
10. Modifications and Interruptions
11. Governing Law
12. Dispute Resolution
13. Corrections
14. Disclaimer
15. Limitations of Liability
16. Indemnification
17. User Data
18. Electronic Communications, Transactions, and Signatures
19. Miscellaneous
20. Contact Us

1. OUR SERVICES

The information provided through the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or would subject us to any registration requirement within such jurisdiction or country. Those who choose to access the Services from locations outside our operating region do so on their own initiative and are solely responsible for compliance with local laws, to the extent they are applicable.

2. INTELLECTUAL PROPERTY RIGHTS

Our Intellectual Property
We are the owner or licensee of all intellectual property rights in the Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the “Content”), as well as trademarks, service marks, and logos (“Marks”).

The Content and Marks are protected by copyright and trademark laws and treaties in India and around the world. They are provided “AS IS” for your personal, non-commercial use or for internal business purposes only.

Your Use of Our Services
we grant you a limited, non-exclusive, non-transferable, revocable license to:

• Access the Services;
• Download or print any portion of the Content to which you have gained proper access, strictly for your personal, non-commercial use or internal business purposes.

No part of the Services, Content, or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without our express prior written permission. If you wish to use any portion of the Services, Content, or Marks outside the permissions granted, please contacts us at sanjivanimsh01@gmail.com.

If permission is granted, you must acknowledge us as the owners or licensors of the Services, Content, or Marks and ensure that copyright or proprietary notices are visible. Any violation of our Intellectual Property Rights will result in the immediate termination of your rights to use the Services.

Your Submissions
By submitting any comments, suggestions, ideas, feedback, or other information related to the Services (“Submissions”), you agree to assign all intellectual property rights in such Submissions to us. We may use these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

By sending Submissions through the Services, you agree:

• That your Submissions will not violate the “Prohibited Activities” section;
• To waive any moral rights you may have in such Submissions;
• That your Submissions are original or that you have the necessary rights and licenses to submit them;
• That your Submissions do not contain confidential information.

You are solely responsible for your Submissions and agree to reimburse us for any losses due to violations of third-party intellectual property rights or applicable laws.

3. USER REPRESENTATIONS

By using the Services, you represent and warrant that:

1. You have the legal capacity to comply with these Legal Terms;
2. You are not a minor in your jurisdiction of residence;
3. You will not use automated or non-human means (such as bots or scripts) to access the Services;
4. You will not use the Services for any illegal or unauthorized purposes;
5. Your use of the Services will not violate any applicable laws or regulations.

If any information you provide is untrue, inaccurate, not current, or incomplete, we reserve the right to suspend or terminate your account and deny any current or future use of the Services.

4. PROHIBITED ACTIVITIES

You may not use the Services for any purpose other than those for which we make the Services available. Commercial endeavors not specifically endorsed or approved by us are prohibited. As a user of the Services, you agree not to:

• Systematically retrieve data or other content to create a collection, compilation, or database without our written permission;
• Mislead or defraud us or other users, especially to access sensitive account information like passwords;
• Circumvent or interfere with security-related features of the Services;
• Disparage, tarnish, or harm us or the Services;
• Use information from the Services to harass or harm others;
• Misuse our support services or submit false reports of abuse;
• Use the Services in violation of applicable laws or regulations;
• Engage in unauthorized framing or linking to the Services;
• Upload viruses or other harmful content that interferes with others’ use of the Services;
• Engage in automated use of the system, including using scripts or bots;
• Delete copyright or proprietary notices from the Content;
• Attempt to impersonate another user or person;
• Upload any material that collects or transmits information without consent (e.g., spyware);
• Interfere with or disrupt the Services or the networks connected to them;
• Harass or threaten any of our employees or agents;
• Bypass measures designed to prevent or restrict access to the Services;
• Copy or adapt the Services’ software (e.g., Flash, PHP, HTML, JavaScript);
• Reverse engineer any part of the Services, except as permitted by law;
• Use automated systems to access the Services without permission;
• Use the Services for any unauthorized commercial purposes, including unsolicited emails or account creation;
• Use the Services to compete with us or for any revenue-generating endeavor;
• Use the Services to advertise or sell goods or services without authorization;
• Sell or transfer your profile to another person.

5. User-Generated Content
   The Services do not provide users with the ability to submit or post their own content.
6. License for Contributions
   By using the Services, both you and the Services agree that we may access, store, process, and use any information or personal data you provide, in accordance with our Privacy Policy and your settings. If you submit any suggestions or feedback about the Services, you agree that we are free to use and share this feedback without compensating you in any way.
7. Service Management Rights
   We reserve the right, but are not obligated, to:

1. Monitor the Services for violations of these Terms.
2. Take necessary legal actions against anyone who violates these Terms or any applicable laws, at our discretion, including reporting the individual to legal authorities.
3. Restrict, limit, or terminate access to the Services (or parts of it) without prior notice, at our sole discretion.
4. Remove or restrict access to any content that is excessively large or that may cause technical issues within the system.
5. Manage the Services to protect our interests and to ensure they function properly.

8. Privacy Policy
   We prioritize data privacy and security. Please review our Privacy Policy [insert privacy policy link here]. By using the Services, you consent to our Privacy Policy, which is incorporated into these Terms. The Services are hosted in India, and by using the Services from outside India, you agree to the transfer and processing of your data in India, even if the data protection laws differ from your home country.
9. Termination of Service
   These Terms remain in effect while you continue using the Services. We reserve the right, at our discretion, to deny access to the Services without notice for any reason, including violation of these Terms or applicable laws. We can also suspend or delete your account at any time without notice.

If your account is suspended or terminated, you are prohibited from creating a new account under your own or any other name. In addition to suspension, we may pursue legal action, including civil and criminal penalties, where necessary.

10. Modifications and Service Interruptions
    We reserve the right to change, update, or remove parts of the Services at any time without notice. Although we strive to keep the Services available, there may be instances where technical issues or maintenance cause interruptions. We are not liable for any loss or inconvenience caused by such interruptions, and we are not obligated to provide updates or maintain the Services at all times.
11. Governing Law
    These Legal Terms are governed by and defined under the laws of India. Both SANJIVANI MULTISPECIALITY HOSPITAL and you agree that any disputes arising under these Legal Terms will be exclusively resolved by the courts of India.
12. Dispute Resolution
    Informal Negotiations
    To resolve any dispute, controversy, or claim related to these Legal Terms (collectively, “Disputes”), both parties agree to first attempt informal negotiations for at least thirty (30) days before pursuing arbitration. Such negotiations will begin upon written notice from one party to the other.

Binding Arbitration
Any dispute related to these Legal Terms, including questions regarding their existence, validity, or termination, shall be resolved through binding arbitration. The arbitration will be conducted by the International Commercial Arbitration Court under the European Arbitration Chamber (Belgium, Brussels, Avenue Louise, 146), according to its rules. The arbitration panel will consist of three (3) arbitrators. The arbitration will take place in Ahmedabad, India, and will be conducted in English. The substantive law of India will govern these Legal Terms.

Restrictions
The arbitration process will be limited to the dispute between the individual parties. To the extent permitted by law: (a) no arbitration may be joined with any other proceeding; (b) there is no right to arbitrate on a class-action basis; and (c) there is no right to arbitrate in a representative capacity on behalf of the public or any other persons.

Exceptions to Informal Negotiations and Arbitration
Certain disputes are exempt from the informal negotiation and arbitration provisions, including: (a) disputes related to the enforcement or protection of intellectual property rights; (b) disputes involving allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) claims for injunctive relief. If any part of this provision is found to be illegal or unenforceable, disputes falling under that part will be resolved by a court with competent jurisdiction, and the parties agree to submit to the personal jurisdiction of that court.

13. Corrections
    Information on the Services may contain typographical errors, inaccuracies, or omissions, including but not limited to descriptions, pricing, and availability. We reserve the right to correct any such errors and update the information on the Services at any time without prior notice.
14. Disclaimer
    The Services are provided on an “as-is” and “as-available” basis. Your use of the Services is at your own risk. To the fullest extent permitted by law, we disclaim all warranties, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee the accuracy or completeness of the Services or any linked content and are not liable for: (1) errors or inaccuracies in content, (2) personal injury or property damage resulting from your use of the Services, (3) unauthorized access to or use of our secure servers, (4) interruptions or cessation of transmission, (5) bugs or viruses transmitted by third parties, or (6) any errors or omissions in content or any resulting loss or damage. We do not endorse or assume responsibility for any third-party products or services advertised through the Services or any linked websites. Use your best judgment when engaging with third-party services.
15. Limitations of Liability
    Neither we nor our directors, employees, or agents will be liable for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profits, revenue, or data, arising from your use of the Services, even if we were advised of the possibility of such damages. Our liability, regardless of the form of action, will be limited to the lesser of the amount you paid us in the three (3) months prior to the action or 1000 INR. Certain laws may not allow limitations on implied warranties or exclusions of damages, which may affect your rights and limit some of the disclaimers or limitations provided.
16. Indemnification
    You agree to defend, indemnify, and hold us, including our subsidiaries, affiliates, and all respective officers, agents, partners, and employees, harmless from any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party arising out of: (1) your use of the Services; (2) your breach of these Legal Terms; (3) any breach of your representations and warranties set forth in these Legal Terms; (4) your violation of the rights of any third party, including intellectual property rights; or (5) any harmful act toward other users of the Services with whom you connected via the Services.

Notwithstanding the above, we reserve the right to assume the exclusive defense and control of any matter for which you are required to indemnify us, at your expense. You agree to cooperate, at your expense, with our defense of such claims. We will make reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

17. User Data
    We will retain certain data you transmit to the Services for managing their performance, as well as data related to your use of the Services. Although we perform routine data backups, you are solely responsible for all data you transmit or that relates to your activities using the Services. We disclaim any liability for loss or corruption of such data and you waive any right of action against us arising from such loss or corruption.
18. Electronic Communications, Transactions, and Signatures
    By visiting the Services, sending us emails, and completing online forms, you engage in electronic communications. You consent to receive electronic communications, and agree that all agreements, notices, disclosures, and other communications we provide electronically via email or on the Services fulfill any legal requirement that such communications be in writing. You agree to the use of electronic signatures, contracts, orders, and other records, and to the electronic delivery of notices, policies, and records of transactions initiated or completed by us or through the Services. You waive any rights or requirements under any statutes, regulations, or laws in any jurisdiction that mandate an original signature or the retention of non-electronic records.
19. Miscellaneous
    These Legal Terms, along with any policies or operating rules posted on the Services, constitute the entire agreement between you and us. Failure to exercise or enforce any right or provision of these Legal Terms does not constitute a waiver of such right or provision. These Legal Terms are intended to operate to the fullest extent permissible by law. We may assign our rights and obligations to others at any time. We are not liable for any loss, damage, delay, or failure to act caused by circumstances beyond our reasonable control. If any provision of these Legal Terms is found to be unlawful, void, or unenforceable, that provision is deemed severable and does not affect the validity and enforceability of the remaining provisions. These Legal Terms do not create any joint venture, partnership, employment, or agency relationship between you and us. You agree that these Legal Terms will not be construed against us due to our drafting them. You waive any defenses based on the electronic form of these Legal Terms and the lack of physical signatures.
20. Contact Us
    For complaints regarding the Services or further information about their use, please contact us at:

SANJIVANI MULTISPECIALITY HOSPITAL
Run by MANAV SEVA EDUCATION & CHARITABLE TRUST

2nd & 3rd Floor, Arom Complex,
Dabhoi Road, Soma Talav Char Rasta,
Vadodara – 390025

Phone: 70 40 108 108
Email: hospital@sanjivanimsh.in