DO NOT USE THIS SERVICE FOR EMERGENCY MEDICAL NEEDS.
IF YOU EXPERIENCE A MEDICAL EMERGENCY, PLEASE CONTACT A MEDICAL FACILITY IMMEDIATELY.
IF YOU ARE THINKING ABOUT SUICIDE OR IF YOU ARE CONSIDERING TAKING ACTIONS THAT MAY CAUSE HARM TO YOU OR TO OTHERS OR IF YOU FEEL THAT YOU OR ANY OTHER PERSON MAY BE IN ANY DANGER OR IF YOU HAVE ANY MEDICAL EMERGENCY, YOU MUST IMMEDIATELY CALL THE EMERGENCY SERVICE NUMBER AND NOTIFY THE RELEVANT AUTHORITIES.
Bemonoid Healthtech Private Limited (“Bemo”) is the author and publisher of the internet resource www.bemo.life and the mobile application ‘Bemo’ (together, “Website”). Bemo owns and operates the services provided through the Website.
1. NATURE AND APPLICABILITY OF TERMS
Throughout the site, the terms “we”, “us” and “our”, “Bemo” refer to Bemonoid Healthtech Private Limited. Bemonoid Healthtech Private Limited offers this Website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our Website and/or subscribing to us or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
The Agreement applies to you whether you are -
A mental health counsellor or a clinical psychologist or psychologist or a psychiatrist, hereby referred to as “Therapist(s)” or a 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 Therapists or institutions (“Therapist(s)”, “you” or “User(s)”); or
A user, his/her representatives or affiliates, searching for Therapists through the Website (“End-User”, “you” or “User(s)”); or
Otherwise a user of the Website (“you” or “User(s)”)
Any new features or tools which are added to the current Website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.
The Services may change from time to time, at the sole discretion of Bemo, 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 firstname.lastname@example.org.
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 Bemo. The Agreement is published in compliance of, 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 there under, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”)
2. CONDITIONS OF USE
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. By registering, visiting and using the Website or accepting this Agreement, you represent and warrant to Bemo 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.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
3. GENERAL CONDITIONS
We reserve the right to refuse service to anyone on our Website for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Website, use of the Website, or access to the Service or any contact on the Website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
The terms in this Clause 4 are applicable only to Therapists as defined in Clause 1.
4.1 LISTING POLICY
4.1.1 Bemo, directly and indirectly, collects information regarding the Therapists’ profiles, contact details, and practice. Bemo reserves the right to take down any Therapist’s profile as well as the right to display the profile of the Therapists, with or without notice to the concerned Therapist. 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 Bemo immediately to enable Bemo to make the necessary amendments.
4.1.2 Bemo shall not be liable and responsible for the ranking of the Therapists on external websites and search engines
4.1.4 Bemo reserves the right to moderate the suggestions made by the Therapists through feedback and the right to remove any abusive or inappropriate or promotional content added on the Website. However, Bemo shall not be liable if any inactive, inaccurate, fraudulent, or non- existent profiles of Therapists are added to the Website.
4.1.5 Therapists explicitly agree that Bemo reserves the right to publish the Content provided by Therapists to a third party including content platforms.
4.1.7 You as a Therapist 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 Bemo accepts no liability for the same.
4.2 PROFILE OWNERSHIP AND EDITING RIGHTS
Bemo ensures easy access to the Therapists by providing a tool to update your profile information. Bemo reserves the right of ownership of all the Therapist’s profile and photographs and to moderate the changes or updates requested by Therapists. However, Bemo 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 Bemo’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, Bemo may modify or delete parts of your profile information at its sole discretion with or without notice to you.
4.3REVIEWS AND FEEDBACK DISPLAY RIGHTS OF Bemo
4.3.1 All Critical Content is content created by the Users of Website and the clients of Bemo customers and Therapists, including the End-Users. As a platform, Bemo does not take responsibility for Critical Content and its role with respect to Critical Content is restricted to that of an ‘intermediary’ under the Information Technology Act, 2000. The role of Bemo and other legal rights and obligations relating to the Critical Content are further detailed in Clauses 5.7, 5.8 and 5.9 of these Terms. Bemo’s Feedback Collection and Fraud Detection Policy, is annexed as the Schedule hereto, and remains subject always to these Terms.
4.3.2 Bemo reserves the right to collect feedback and Critical Content for all the Therapists, Clinics and Healthcare Providers listed on the Website.
4.3.3 Bemo shall have no obligation to pre-screen, review, flag, filter, modify, refuse or remove any or all Critical Content from any Service, except as required by applicable law.
4.3.4 You understand that by using the Services you may be exposed to Critical Content or other content that you may find offensive or objectionable. Bemo shall not be liable for any effect on Therapist’s business due to Critical Content of a negative nature. In these respects, you may use the Service at your own risk. Bemo however, as an ‘intermediary, takes steps as required to comply with applicable law as regards the publication of Critical Content. The legal rights and obligations with respect to Critical Content and any other information sought to be published by Users are further detailed in Clauses 3.9 and 5 of these Terms.
4.3.5 Bemo 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.
4.3.6 If Bemo determines that you have provided inaccurate information or enabled fraudulent feedback, Bemo reserves the right to immediately suspend any of your accounts with Bemo and makes such declaration on the website alongside your name/your clinics name as determined by Bemo for the protection of its business and in the interests of Users.
4.4 BESTFIT ALGORITHM
Bemo has designed the Bestfit algorithm in the best interest of the End-User and may adjust the Bestfit algorithm from time to time to improve the quality of the results given to the patients. It is a pure merit driven, proprietary algorithm which cannot be altered for specific Therapists. Bemo shall not be liable for any effect on the Therapist’s business interests due to the change in the Bestfit 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 Bemo.
4.6 BEMO REACH RIGHTS
Bemo reserves the rights to display sponsored ads on the Website. These ads would be marked as “Sponsored ads”. Without prejudice to the status of other content, Bemo will not be liable for the accuracy of information or the claims made in the Sponsored ads. Bemo does not encourage the Users to visit the Sponsored ads page or to avail any services from them. Bemo will not be liable for the services of the providers of the Sponsored ads.
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 Bemo accepts no liability for the same.
4.7 BEMO BLOG AND FORUM
4.7.1 Bemo Blog and Forum are online content platforms available on the website, wherein Therapists who have a Bemo profile and Users who have a health account can login and post health and wellness related content.
4.7.2 A Therapist can use Bemo Blog and Forum by logging in from their profile, creating original content comprising text, audio, video, images data or any combination of the same (“as defined in Clause 3.7.2”), and uploading said Content to Bemo’s servers. The Therapist can upload their own images or choose an image from the gallery that Bemo provides. The Threapist can also email content at email@example.com requesting publication. Bemo shall post such Content to Bemo Blog and Forum at its own option and subject to these Terms and Conditions. The Content uploaded via Bemo Blog and Forum does not constitute medical advice and may not be construed as such by any person.
4.7.3 The Therapist acknowledges that they are the original authors and creators of any Content or comments uploaded by them via Bemo Blog and Bemo Forum and that no Content or comment uploaded by them would constitute infringement of the intellectual property rights of any other person. Bemo reserves the right to remove any Content or comment which it may determine at its own discretion as violating the intellectual property rights of any other person. The Therapist agrees to absolve Bemo from and indemnify Bemo against all claims that may arise as a result of any third party intellectual property right claim that may arise from the Therapist’s uploading of any Content on Bemo Blog and Bemo Forum. The Therapist also agrees to absolve Bemo from and indemnify Bemo against all claims that may arise as a result of any third party intellectual property claim if the Therapist downloads an image from Bemo’s gallery and utilizes it for his/her personal or commercial gain.
4.7.4 The Therapist hereby assigns to Bemo, in perpetuity and worldwide, all intellectual property rights in any Content or comment created by the Therapist and uploaded by the Therapist via Bemo Blog and Bemo Forum.
4.7.5 Bemo shall have the right to edit or remove the Content and any comments in such manner as it may deem fit at any time.
4.7.6 The Therapist may also use Bemo Blog and Bemo Forum in order to view original content created by Users or other Therapists and also create and upload comments on such Content including their own content where allowed.
4.7.7 Therapist acknowledges that the content on Bemo Blog and Bemo Forum reflects the views and opinions of the authors of such content and does not necessarily reflect Bemo’s views.
4.7.8 Therapist agrees not to post any comments or upload any Content which are defamatory, obscene, objectionable or in nature and Bemo reserves the right to remove any comments which it may determine at its own discretion to violate these Terms and Conditions or be violative of any law or statute in force at the time. The Therapist agrees to absolve Bemo from and indemnify Bemo against all claims that may arise as a result of any legal claim arising from the nature of the Content or the comments posted by the Therapist on Bemo Blog
4.9 BOOK APPOINTMENT AND VIDEO/VOICE CALL AND CHAT FACILITY
4.9.1As a valuable partner on our platform we want to ensure that the Therapists experience on the Bemo booking platform is beneficial to both, Therapists and their Users.
4.9.2 Therapist understands that, Bemo 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 Therapist. The option of publishing or modifying or moderating or masking (where required by law or norm etc.) the feedback provided by Users shall be solely at the discretion of Bemo.
5.1 END-USER ACCOUNT AND DATA PRIVACY
5.1.2 Bemo 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 Bemo’s services and to build new services.
5.1.3 The Website allows Bemo 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 Therapists and their practice.
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 Bemo will disclose such information; and,
Other information mandated by the SPI Rules.
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 name and address of the agency that is collecting the information and the agency that will retain the information; and
the various rights available to such Users in respect of such information.
5.1.6 Bemo 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 Bemo or to any other person acting on behalf of Bemo. 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 Bemo of any actual or suspected unauthorized use of the User’s account or password. Although Bemo will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Bemo or such other parties as the case may be, due to any unauthorized use of your account.
5.1.7 If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Bemo has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Bemo has the right to discontinue the Services to the User at its sole discretion.
5.1.8 Bemo may use such information collected from the Users from time to time for the purposes of debugging customer support related issues.
5.2 BESTFIT ALGORITHM
Bemo’s Bestfit algorithm for the Therapists is a fully automated system that lists and matches the Therapists, their profile and information regarding their Practice on its Website. These listings of Therapists do not represent any fixed objective ranking or endorsement by Bemo. Bemo will not be liable for any change in the Bestfit of the Therapists on search results, which may take place from time to time. The listing of Therapists 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. Bemo in no event will be held responsible for the accuracy and the relevancy of the listing order of the Therapists on the Website.
5.3 LISTING CONTENT AND DISSEMINATING INFORMATION
5.3.1 Bemo collects, directly or indirectly, and displays on the Website, relevant information regarding the profile and practice of the Therapists listed on the Website, such as their specialization, qualification, fees, location, visiting hours, and similar details, feedback. Bemo takes reasonable efforts to ensure that such information is updated at frequent intervals. Although Bemo screens and vets the information and photos submitted by the Therapists, it cannot be held liable for any inaccuracies or incompleteness represented from it, despite such reasonable efforts. Listed Information may change according to the Website updates.
5.3.2 The Services provided by Bemo or any of its licensors or service providers are provided on an "as is" and “as available’ basis, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). Bemo does not provide or make any representation, warranty or guarantee, express or implied about the Website or the Services. Bemo does not guarantee the accuracy or completeness of any content or information provided by Users on the Website. To the fullest extent permitted by law, Bemo 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 Bemo or any User in relation to any User or services provided by such User.
5.3.3 The Website may be linked to the website of third parties, affiliates and business partners. Bemo 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 Bemo endorses the linked site. User may use the links and these services at User’s own risk.
5.3.4 Bemo 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.
5.3.5 If Bemo determines that you have provided fraudulent, inaccurate, or incomplete information, including through feedback, Bemo reserves the right to immediately suspend your access to the Website or any of your accounts with Bemo and makes such declaration on the website alongside your name/your clinic’s name as determined by Bemo for the protection of its business and in the interests of Users. You shall be liable to indemnify Bemo for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected Bemo or its Users.
5.4 THERAPIST COMMUNICATION
Bemo enables Users to connect with Therapists through two methods: a) Book facility that allows Users book an appointment through the Website; b) Value added chat and telephonic services which connect Users directly to the Therapist listed on the Website.
5.4.1 Bemo will ensure Users are provided confirmed appointment on the Book facility. However, Bemo has no liability if such an appointment is later cancelled by the Therapist, or the same Therapist is not available for appointment. Bemo Website also provides chat sessions with the Therapists listed on the Website. Cancelled appointments are subject to Bemo’s Cancellation and Refund Policy.
5.4.3 Without prejudice to the generality of the above, Bemo is not involved in providing any healthcare or medical advice or diagnosis and hence is not responsible for any interactions between User and the Therapist. User understands and agrees that Bemo will not be liable for:
User interactions and associated issues User has with the Therapist;
the ability or intent of the Therapist(s) or the lack of it, in fulfilling their obligations towards Users;
any wrong medication or quality of treatment being given by the Therapist(s), or any medical negligence on part of the Therapist(s);
inappropriate treatment, or similar difficulties or any type of inconvenience suffered by the User due to a failure on the part of the Therapist to provide agreed Services;
any misconduct or inappropriate behaviour by the Therapist or the Therapist’s staff;
cancellation or no show by the Therapist for an appointment or rescheduling of booked appointment or any variation in the fees charged, provided these have been addressed to under, Bemo Cancellation and Refund Policy.
5.4.4 Users are allowed to provide feedback about their experiences with the Therapist, however, the User shall ensure that, the same is provided in accordance with applicable law. User however understands that, Bemo shall not be obliged to act in such manner as may be required to give effect to the content of Users feedback, such as suggestions for delisting of a particular Therapist from the Website.
5.4.5 In case of a ‘Patient-No-Show (P.N.S)’ (defined below), where the User does not show-up at the concerned Therapist’s online appointment:
User’s account enables cancelling or rescheduling online appointment 2 times considering the number of sessions included in the subscription plans.
Patient- No-Show (P.N.S) for the purposes of these Terms and Conditions, is defined as, any instance where a User, who booked an appointment on the Website using the Book Appointment facility , has not turned up for the online appointment without cancelling, rescheduling, or informing the Therapist in advance about the same. When Therapist informs Bemo of the incident or marks a particular appointment as P.N.S. using the Bemo mobile application within five (5) days of the scheduled appointment, an email (“PNS Communication”) will be sent to the User to confirm on the incident with reasons. Where the User is not able to establish that the User had a legitimate reason as per Clause 3.4.6(c), for not showing up, Bemo shall be entitled to take actions as under Clause 3.4.6 (b).
Bemo reserves the right to make the final decision in case of a conflict. The total aggregate liability of Bemo with respect to any claims made herein shall be INR 200.
5.5 NO THERAPIST-PATIENT RELATIONSHIP; NOT FOR EMERGENCY USE
5.5.1 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 Bemo 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 Therapist.
5.5.2 It is hereby expressly clarified that, the Information that you obtain or receive from Bemo, 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.
5.5.3 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.
5.6 Bemo mobile application
5.6.1 Bemo's mobile application is a Service owned and provided by Bemo that allows Users & Therapists to communicate, either on unpaid mode or on paid mode, depending on the option chosen by the User, after the expiration of bemo trial. Further, Users may access this feature on Bemo’s mobile application to get assigned, for the purposes of Connection, to a Therapist whereby such Therapists are, by default, assigned through the system’s algorithm/software-program that finds the most available and accepting Therapist or Users may choose Therapists of choice through the search options made available on Bemo’s mobile application.
The scope of this feature as detailed herein is collectively referred to as "Connect".
5.6.2 Terms for Users:
The Users expressly understand, acknowledge and agree to the following set forth herein below:
In the event the Users intend to Connect a specific Therapist of choice, the system uses an algorithm/software-program to find the most available and accepting Therapist. In case users wish to change the assigned therapist, they can do so using the Bemo Website.
In case any prescription is being provided to User by the Therapist, the same is being provided basis the online Connect, however it may vary when examined in person, hence in no event shall the prescription provided by Therapists be relied as a final and conclusive solution.
The Users agree to use the advice from Therapist on the website pursuant to:
a) an ongoing consultation with their Therapist;
b) a condition which does not require emergency treatment, physical examination or medical attention;
c) medical history available as records with them for reference;
d) a record of an emotional examination and report thereof with them, generated through their local Therapist;
e) Connect with their Therapist before abandoning or modifying their ongoing treatment.
User acknowledges and agrees that the User is aware of this limitation and agrees to assume the complete risk of this limitation no in-person Connect session
The User understands that Bemo mobile application shall not form a substitute for treatment that otherwise needs physical examination/immediate Connect.
Notwithstanding anything contained herein, Bemo in no manner endorses any Therapist(s) that Users Connect and is not in any manner responsible for any drug/medicines prescribed or the therapy prescribed by the Therapist.
If Therapist responds to the User’s query, the system could trigger communications to the User, in the form of notification/text/email/others. The User further understands that Bemo may send such communications like text messages/email/calls before and/or after Therapist’s Connect (physical or online) to User’s mobile number which is provided by Therapist, based on the Therapist’s settings. However and notwithstanding anything to the contrary in this Agreement, Bemo does not take responsibility for timeliness of such communications.
Connect, is merely a consulting model, any interactions and associated issues with the Therapist on Connect including but not limited to the User’s health issues and/or the User’s experiences is strictly between the User and the Therapist. The User shall not hold Bemo responsible for any such interactions and associated issues.
Any conversations that the Users have had with the Therapist will be retained in Bemo database as per the applicable laws and subject to confidentiality.
User understands and agrees to provide accurate information, and will not use this platform for any acts that are considered to be illegal in nature.
If User decides to engage with a Therapist to procure medical services or engages in communication, exchange of money for services outside of Connect platform, User shall do so at their own risk. Bemo shall not be responsible for any breach of service or service deficiency by any Therapist.
The User shall be bound by the jurisdiction as contained in these Terms and Conditions hereunder, at all times, irrespective of the location they may be Connecting with Therapists online.
The User shall indemnify and hold harmless Bemo and its affiliates, subsidiaries, directors, officers, employees and agents from and against any and all claims, proceedings, penalties, damages, loss, liability, actions, costs and expenses (including but not limited to court fees and attorney fees) arising due to or in relation to the use of Website by the User, by breach of the Terms or violation of any law, rules or regulations by the User, or due to such other actions, omissions or commissions of the User that gave rise to the claim.
If User decides to use the payment gateway to make payments online, it is solely at User's discretion. Should there be any issues with regard to the payment not reaching the respective Therapist’s account, please reach out to firstname.lastname@example.org.
5.6.3 Cancellation and Refund Policy:
For cancellation and refund policy, read more.
5.6.4 Express Disclaimers:
Bemo mobile application Connect is intended for general purposes only and is not meant to be used in emergencies/serious illnesses requiring physical consultation or a face to face therapy session. Further, if the Therapist adjudges that a face to face therapy session would be required and advises ‘in-person Consultation, it is the sole responsibility of the User, to book an appointment for face to face therapy session and in-person medical attention whether the same is with the Therapist listed on the Website or otherwise. In case of any negligence on the part of the User in acting on the same and the condition of the User deteriorates, Bemo shall not be held liable.
Bemo is not a medical service provider, nor is it involved in providing any healthcare or medical advice or diagnosis, it shall hence not be responsible and owns no liability to either Users or Therapists for any outcome from the Connect between the User and the Therapist.
Bemo is a mobile application with a feature Connect being made available to Users to assist them to obtain Connect from Therapists and does not intend to replace the physical face to face therapy with the Therapist.
5.6.5 Terms for Therapists:
The Therapist shall promptly reply to the User after receiving User’s communication. In case of non-compliance with regard to adhering to the applicable laws/rules/regulations/guidelines by the Therapist, Bemo shall have the right to replace such Therapists for the purpose of Connect to the User or remove such Therapists from the Website/Bemo mobile application/forum.
The Therapist understands and agrees that, Bemo shall at its sole discretion, at any time be entitled to, show as other Therapists available for Bemo Website Connect.
The Therapist further understands that, there is a responsibility on the Therapist to treat the User, pari passu, as the Therapist would have otherwise treated the User on a physical one-on-one consultation model.
The Therapist has the discretion to cancel any Connect at any point in time in cases where the Therapist feels, it is beyond his/her expertise or his/her capacity to treat the User. In such cases, it may trigger a refund to the User and the User has the option of choosing other Therapists. However, it is strongly recommended that the Therapist advise the User and explain appropriately for next steps and inform Bemo support at email@example.com or through the Bemo Website.
The Therapist shall at all times ensure that all the applicable laws that govern the Therapist shall be followed and utmost care shall be taken in terms of the Connect being rendered.
The Therapist acknowledges that should Bemo find the Therapist to be in violation of any of the applicable laws/rules/ regulations/guidelines set out by the authorities then Bemo shall be entitled to cancel the consultation with such Therapist or take such other legal action as may be required.
The payment gateway option is being provided to the Users to make payment easier. In case wrong bank account details are provided by Therapist, Bemo will not be responsible for loss of money, if any. In case of there being any technical failure, at the time of transaction and there is a problem in making payment, you could contact firstname.lastname@example.org.
It is further understood by the Therapist that the information that is disclosed by the User at the time of consultation is personal information and is subject to all applicable privacy laws, shall be confidential in nature and subject to User and Therapist privilege.
The Therapist understands that the certain Bemo application features (such as therapist mode) shall be available only if the same has been enabled by the Therapist and the information provided, shall be as set by the Therapist.
The Therapist understands that when a User subscribes to a Bemo plan for online consultation with a Therapist, the Therapist must comply with the response time norms to the best of their availability. In case of delay, the Therapist must notify User and Bemo support through Website to their best possible ability.
The Therapist understands that when a User books a time-slot with the Therapist for online consultation, the Therapist must comply with the time slot to the best of their availability. In case of delay, the doctor must notify User to their best possible ability.
The Therapist understands that Bemo makes no promise or guarantee for any uninterrupted communication and the Therapist shall not hold Bemo liable, if for any reason the communication is not delivered to the User(s), or are delivered late or not accessed, despite the efforts undertaken by Bemo.
It shall be the responsibility of the Therapist to ensure that the information provided by User is accurate and not incomplete and understand that Bemo shall not be liable for any errors in the information included in any communication between the Therapist and User.
The Therapist shall indemnify and hold harmless Bemo and its affiliates, subsidiaries, directors, officers, employees and agents from and against any and all claims, proceedings, penalties, damages, loss, liability, actions, costs and expenses (including but not limited to court fees and attorney fees) arising due to the services provided by Therapist, violation of any law, rules or regulations by the Therapist or due to such other actions, omissions or commissions of the Therapist that gave rise to the claim.
5.7 BEMO BLOG
5.7.1 Bemo blog is an online content platform available on the website, wherein Practitioners who have a Bemo profile can post health and wellness related content and Bemo in-house staff also publishes online content related to health, wellness and research related to psychology or mental health.
5.7.2 A User can send their articles and experiences to us at email@example.com. Bemo shall post such Content to Bemo blog at its own option and subject to these Terms and Conditions. The Content uploaded via Bemo blog feed does not constitute medical advice and may not be construed as such by any person.
5.7.3 The User acknowledges that they are the original authors and creators of any Content sent to Bemo and that no Content provided by them would constitute infringement of the intellectual property rights of any other person. Bemo reserves the right to remove any Content which it may determine at its own discretion as violating the intellectual property rights of any other person. The User agrees to absolve Bemo from and indemnify Bemo against all claims that may arise as a result of any third party intellectual property right claim that may arise from the user’s sending any Content to Bemo. The User also agrees to absolve Bemo from and indemnify Bemo against all claims that may arise as a result of any third party intellectual property claim if the User downloads, copies or otherwise utilizes an image or information from the Bemo blog for his/her personal or commercial gain.
5.7.4 The user hereby assigns to Bemo, in perpetuity and worldwide, all intellectual property rights in any Content created by the User and sent to Bemo through email.
5.7.5 Bemo shall have the right to edit or remove the Content and any comments in such manner as it may deem Bemo blog at any time.
5.7.6 The User agrees not to send Content which is defamatory, obscene or objectionable in nature and Bemo reserves the right to remove any Content which it may determine at its own discretion to violate these Terms and Conditions or be violative of any law or statute in force at the time. The User agrees to absolve Bemo from and indemnify Bemo against all claims that may arise as a result of any legal claim arising from the nature of the Content sent by the User to be used on Bemo blog.
5.7.7 A User may also use Bemo blog in order to view original content created by Practitioners and to create and upload comments on such Content, where allowed.
5.7.8 User acknowledges that the Content on Bemo blog reflects the views and opinions of the authors of such Content and do not necessarily reflect the views of Bemo.
5.7.9 User agrees that the content they access on Bemo blog does not in any way constitute medical advice and that the responsibility for any act or omission by the User arising from the User’s interpretation of the Content, is solely attributable to the user. The User agrees to absolve Bemo from and indemnify Bemo against all claims that may arise as a result of the User’s actions resulting from the User’s viewing of Content on Bemo blog.
5.7.10 The User acknowledges that all intellectual property rights in the Content on Bemo blog vests with Bemo. The User agrees not to infringe upon Bemo’s intellectual property by copying or plagiarizing content on Bemo blog. Bemo reserves its right to initiate all necessary legal remedies available to them in case of such an infringement by the User. All comments created and uploaded by the User on Bemo blog will be the sole intellectual property of Bemo. The User agrees not to post any comments on Bemo blog that violate the intellectual property of any other person. Bemo reserves the right to remove any comments which it may determine at its own discretion as violating the intellectual property rights of any other person. The User agrees to absolve Bemo from and indemnify Bemo against all claims that may arise as a result of any third party intellectual property right claim that may arise from the User’s uploading of any comment on Bemo blog.
5.7.11 User agrees not to post any comments which are defamatory, obscene, objectionable or in nature and Bemo reserves the right to remove any comments which it may determine at its own discretion to violate these Terms and Conditions or be violative of any law or statute in force at the time. The User agrees to absolve Bemo from and indemnify Bemo against all claims that may arise as a result of any legal claim arising from the nature of the comments posted by the User on Bemo blog.
5.8 Bemo Forum LifewithBemo
5.8.1 Bemo Forum is an online content platform available on the website, wherein Practitioners and Users who have a Bemo profile can post health and wellness related content and Bemo in-house staff also publishes online content related to health, wellness and research related to psychology or mental health.
5.8.2 A User can post their questions and experiences to us at firstname.lastname@example.org. A User can also post their questions and experiences on the forum after registration on Bemo Forum. Bemo shall post such Content to Bemo blog at its own option and subject to these Terms and Conditions. The Content uploaded via Bemo Forum feed does not constitute medical advice and may not be construed as such by any person.
5.8.3 The User acknowledges that they are the original authors and creators of any Content sent to Bemo and that no Content provided by them would constitute infringement of the intellectual property rights of any other person. Bemo reserves the right to remove any Content which it may determine at its own discretion as violating the intellectual property rights of any other person. The User agrees to absolve Bemo from and indemnify Bemo against all claims that may arise as a result of any third party intellectual property right claim that may arise from the user’s sending any Content to Bemo. The User also agrees to absolve Bemo from and indemnify Bemo against all claims that may arise as a result of any third party intellectual property claim if the User downloads, copies or otherwise utilizes an image or information from the Bemo blog for his/her personal or commercial gain.
5.8.4 The user hereby assigns to Bemo, in perpetuity and worldwide, all intellectual property rights in any Content created by the User and sent to Bemo through email.
5.8.5 Bemo shall have the right to edit or remove the Content and any comments in such manner as it may deem Bemo blog at any time.
5.8.6 The User agrees not to send Content which is defamatory, obscene or objectionable in nature and Bemo reserves the right to remove any Content which it may determine at its own discretion to violate these Terms and Conditions or be violative of any law or statute in force at the time. The User agrees to absolve Bemo from and indemnify Bemo against all claims that may arise as a result of any legal claim arising from the nature of the Content sent by the User to be used on Bemo blog.
5.8.7 A User may also use Bemo Forum in order to view original content created by Therapists and to create and upload comments on such Content, where allowed.
5.8.8 User acknowledges that the Content on Bemo Forum reflects the views and opinions of the authors of such Content and do not necessarily reflect the views of Bemo.
5.8.9 User agrees that the content they access on Bemo Forum does not in any way constitute medical advice and that the responsibility for any act or omission by the User arising from the User’s interpretation of the Content, is solely attributable to the user. The User agrees to absolve Bemo from and indemnify Bemo against all claims that may arise as a result of the User’s actions resulting from the User’s viewing of Content on Bemo Forum.
5.8.10 The User acknowledges that all intellectual property rights in the Content on Bemo Forum vests with Bemo. The User agrees not to infringe upon Bemo’s intellectual property by copying or plagiarizing content on Bemo blog. Bemo reserves its right to initiate all necessary legal remedies available to them in case of such an infringement by the User. All comments created and uploaded by the User on Bemo Forum will be the sole intellectual property of Bemo. The User agrees not to post any comments on Bemo Forum that violate the intellectual property of any other person. Bemo reserves the right to remove any comments and Content which it may determine at its own discretion as violating the intellectual property rights of any other person. The User agrees to absolve Bemo from and indemnify Bemo against all claims that may arise as a result of any third party intellectual property right claim that may arise from the User’s uploading of any comment on Bemo Forum.
5.8.11 User agrees not to post any comments which are defamatory, obscene, objectionable or in nature and Bemo reserves the right to remove any comments which it may determine at its own discretion to violate these Terms and Conditions or be violative of any law or statute in force at the time. The User agrees to absolve Bemo from and indemnify Bemo against all claims that may arise as a result of any legal claim arising from the nature of the comments posted by the User on Bemo Forum.
5.9 CONTENT OWNERSHIP AND COPYRIGHT CONDITIONS OF ACCESS
5.9.1 The contents listed on the Website are (i) User generated content, or (ii) belong to Bemo. The information that is collected by Bemo directly or indirectly from the End- Users and the Therapists shall belong to Bemo. Copying of the copyrighted content published by Bemo on the Website for any commercial purpose or for the purpose of earning profit will be a violation of copyright and Bemo reserves its rights under applicable law accordingly.
5.9.2 Bemo 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, "Bemo Content"), are the property of Bemo and are protected under copyright, trademark and other laws. User shall not modify the Bemo Content or reproduce, display, publicly perform, distribute, or otherwise use the Bemo Content in any way for any public or commercial purpose or for personal gain.
5.9.3 User shall not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
5.10 REVIEWS AND FEEDBACK
User’s publication of reviews and feedback on the Website is governed by Clause 5 of these Terms. Without prejudice to the detailed terms stated in Clause 5, you hereby agree not to post or publish any content on the Website that (a) infringes any third-party intellectual property or publicity or privacy rights, or (b) violates any applicable law or regulation, including but not limited to the IG Rules and SPI Rules. Bemo, at its sole discretion, may choose not to publish your reviews and feedback, if so required by applicable law, and in accordance with Clause 5 of these Terms. You agree that Bemo 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 Bemo’s services; and/or
Obtaining feedback in relation to any Therapists listed on the Website; and/or
Resolving any complaints, information, or queries by Therapists regarding your Critical Content;
and you agree to provide your fullest cooperation further to such communication by Bemo. Bemo’s Feedback Collection and Fraud Detection Policy, is annexed as the Schedule hereto, and remains subject always to these Terms.
6. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
Bemo is not responsible if information made available on this site is not accurate, complete or current. The material on this Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This Website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Website at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our Website.
7. MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our Website subscription plans and products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
8. PRODUCTS OR SERVICES OR SUBSCRIPTIONS
Certain products or services or subscriptions may be available exclusively online through the Website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We have made an effort to provide details of our subscription plans on Bemo Website. We cannot guarantee that your computer monitor's display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product or subscription plan pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product or subscription plan at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
9. ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order or subscription plan User places with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
Users agree to provide current, complete and accurate purchase and account information for all purchases made at our store. Users agree to promptly update their account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
10. OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
Users acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to User’s use of optional third-party tools. Any use by Users of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
11. THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.Third-party links on this site may direct Users to third-party Websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or Websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party Websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
12. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, Users send certain specific submissions (for example contest entries) or without a request from us Users send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), Users agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. Users agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related Website. Users may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. Users are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
13. ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders or subscription plans if any information in the Service or on any related Website is inaccurate at any time without prior notice (including after you have submitted your order or request to subscribe).
We undertake no obligation to update, amend or clarify information in the Service or on any related Website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related Website, should be taken to indicate that all information in the Service or on any related Website has been modified or updated.
14. RIGHTS AND OBLIGATIONS RELATING TO CONTENT
14.1 As mandated by Regulation 3(2) of the IG Rules, Bemo 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, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
to solicit others to perform or participate in any unlawful acts;
to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
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 in nature;
harases , abuses, insults, harms, defames, slanders, disparages, intimidates, or discriminates based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
is false or misleading information;
impersonate 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;
collects or tracks the personal information of others;
Is used to spam, phish, pharm, pretext, spider, crawl, or scrape;
for any obscene or immoral purpose;
interferes with or circumvents the security features of the Service or any related Website, other Websites, or the Internet.
threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
14.2 Users are also prohibited from:
violating or attempting to violate the integrity or security of the Website or any Bemo Content;
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 Bemo;
intentionally submitting on the Website 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 Bemo Content or other information available from the Website;
framing or hot linking or deep linking any Bemo Content.
circumventing or disabling any digital rights management, usage rules, or other security features of the Software.
14.3 Bemo, 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 12.1 and 12.2. Bemo 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.
14.5 Bemo 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 Bemo to transfer sensitive personal data or information including any information, to any other body corporate or a person in India, or located in any other country, that ensures the same level of data protection that is adhered to by Bemo as provided for under the SPI Rules, only if such transfer is necessary for the performance of the lawful contract between Bemo or any person on its behalf and the User or where the User has consented to data transfer.
Bemo respects the intellectual property rights of others and we do not hold any responsibility for any violations of any intellectual property rights
15. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
Users agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to Users.
Users expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to Users through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Bemonoid Healthtech Private Limited, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors (collectively, the “Protected Entities”) be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
In no event shall the Protected Entities be liable for:
provision of or failure to provide all or any service by Therapists to End- Users contacted or managed through the Website;
any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Website;
any unauthorized access to or alteration of your transmissions or data; or
any other matter relating to the Website or the Service.
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 Rs. 1000/- (Rupees One Thousand Only).
You agree to indemnify, defend and hold harmless Bemonoid Healthtech Private Limited and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
18. RETENTION AND REMOVAL
Bemo 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.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
19.1 Bemo 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,
Such User breaches any terms and conditions of the Agreement;
A third party reports violation of any of its right as a result of your use of the Services;
Bemo is unable to verify or authenticate any information provide to Bemo by a User;
Bemo has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User; or
Bemo believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for Bemo or are contrary to the interests of the Website.
19.2 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.
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 Bemo. Any consent by Bemo to, or a waiver by Bemo 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.
21. ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between User and us and govern User’s use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between User and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
22. GOVERNING LAW
22.1 You agree that this Agreement and any contractual obligation between Bemo and User will be governed by the laws of India.
22.2 Any dispute, claim or controversy arising out of or relating to this Agreement, including the determination of the scope or applicability of this Agreement to arbitrate, or your use of the Website or the Services or information to which it gives access, shall be determined by arbitration in India, before a sole arbitrator appointed by Bemo. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be Bangalore. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the parties to the dispute.
20.3 Subject to the above Clause 9.2, the courts at Bengaluru shall have exclusive jurisdiction over any disputes arising out of or in relation to this Agreement, your use of the Website or the Services or the information to which it gives access.
23. CHANGES TO TERMS OF SERVICE
Users can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our Website. It is User’s responsibility to check our Website periodically for changes. User’s continued use of or access to our Website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
24. CONTACT INFORMATION
If a User has any questions concerning Bemo, the Website, this Agreement, the Services, or anything related to any of the foregoing, Bemo customer support can be reached at the following email address: email@example.com or via the contact information available from the following hyperlink: www.bemo.life/contact.