We may collect the following information during the course of your use our Services:
In order for you to use certain such as booking an appointment, we require you to register, which contains your personal information such as your e-mail address, phone number, name, date of birth, address. We share this information with the healthcare provider to help the carer maintain a history against the patient profile that helps in the future diagnosis and treatment of the patient's health concerns. Neither do we intend to misuse your personal information, nor do we promote breach of your privacy.
We share themedical information provided by you with the healthcare provider to help in the diagnosis and treatment of the health issue.
Information tracked and captured when you visit our Website or other Services (Traffic data) is used for the statistical reasons and not stored with your personal information.
Cookie data is not linked to the Personal Information. You may exercise the option to block cookies or delete cookies from your hard drive. However, by disabling cookies, you may not have access to the entire set of features of the site.
Our Analytics activities collect usage data of our Services and do not collect Personal Information that you do not voluntarily enter into the site.
Use of Your Information
We use your Contact informationsuch as email address and mobile number primarily to contact you to provide you our Services.
Confidentiality and Security
Namaste Health shall not be liable for any delay or non-performance in delivery caused by acts of God, unforeseeable occurrences or other force majeure events beyond the control of Namaste Health and in such case its obligations shall be suspended for so long as the Force Majeure Event continues. " Force Majeure Event" means any event due to any cause beyond the reasonable control of Namaste Health, including , without limitation, unavailability of any communication system, terrorist attack, war , storm ,fire , flood, earthquake, epidemic or other natural disaster, explosion, acts of God, civil commotion, strikes or industrial, unauthorized access to computer data and storage device, computer crashes, breach of security and encryption, Telecom network strike, breakdown or Payment gateway non function due to international cable fault, bank's withdrawal of the payment gateway with or without notice, for any reason ,nonfunctioning of the Website due to hacking, malware or boot attacks ,sabotage or server default or server maintenance or breakdown , technical flaw, inadvertent processing delay or impossibility of the use of public or private telecommunication networks and computer networks and other serious disruptions beyond the control of Midas.
Confidentiality & Proprietary Information
- "Confidential Information" means nonpublic information that Disclosing Party designates as being confidential in writing or orally or it is third party /Customer's sensitive information which is disclosed in confidence or which under the Confidential Information circumstances surrounding disclosure ought to be treated as confidential "Confidential Information"
- For perpetuity from respective disclosure under this Agreement, the receiving Party shall treat as confidential all Confidential Information Provided by the other Party, including the trade secrets, proprietary information, sensitive personal information including health information about Users, or other sensitive information belonging to its customers, financial details, shall not use such Confidential Information except as expressly set forth herein or otherwise authorized in writing, and shall not disclose such Confidential Information to any third party except as may be necessary and required in connection with its rights and obligations under this Agreement . Exceptions: Notwithstanding the above, neither Party shall have liability to the other with regard to any Confidential Information which-
- Was generally known and available in the public domain at the time it was disclosed, or becomes generally known an available in the public domain through no fault of the receiver.
- Was known to the receiver at the time of disclosure as shown by the files of the receiver in existence at the time of disclosure
- Is disclosed with the prior written approval of the discloser
- Is disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided; that the receiver shall provide reasonable advance notice thereof to enable the discloser to seek a protective order or otherwise prevent such disclosure.
- Right and Remedies
- Receiving Party shall notify Disclosing Party immediately upon discovery of any unauthorized use or disclosure or Confidential Information and /or confidential materials, or any other breach of this Agreement by Receiving Party, and will co-operate with Disclosing Party in every reasonable way to help Disclosing Party regain possession of the Confidential Information and/or Confidential Materials and prevent its further unauthorized use.
- Receiving Party shall return all originals, copies, reproductions and summaries of confidential Information or Confidential Materials at Disclosing Party's request, or at Disclosing Party's option, certify destruction of the same. Receiving party will not commercially or even otherwise utilize any Confidential Information without Disclosing Party's express prior written consent. Unless otherwise agreed in writing, Receiving party shall not make copies of any Confidential Information for storage or otherwise. This obligation of the Receiving party shall survive the termination of this Agreement and prevail in perpetuity.
- Receiving Party acknowledges that monetary damages may not be a sufficient remedy for unauthorized disclosure or Confidential Information or Confidential Materials and that Disclosing Party shall be entitled, without waiving any other rights or remedies, to such injunctive or equitable relief as may be deemed proper by a court of competent Jurisdiction.
Term & Termination:
- This Agreement shall come into existence on the date a user browses the Website and/or registers on it and will remain in force for a period of 5 years and automatically renewable on expiry for further 5 years till it is terminated by either party with prior written notice of 15 days.
- This Agreement may be terminated:
- Incase of material breach by a User , Namaste Health is entitled to terminate this Agreement forthwith and remove any non-compliant or other information in connection with Service Provider on its Website or related sites as the case may be.
- In case of any other breach by a User (i.e. excluding material breach) of any representation, covenant, warranty or term of this Agreement that is not cured within thirty(30) days after written notice thereof by Namaste Health.
- Effect of Termination
- Upon termination of this Agreement the User shall remove its Profile pages, Links, and otherwise discontinue use of the Website or any activity that indicates its association with the Website or Namaste Health.
- In case of termination, user shall return the login id and password for access of Website Portal to Namaste Health or it will be blocked. The parties agree that Namaste Health shall withhold the credit balance due to the User, if applicable including the interest free security deposits for a period of 365days from the date of notice of termination till satisfactory feedback form is sent by the User after receiving healthcare consultation through the Website online or offline as the case may be.
- All interest free security deposit held by Namaste Health on or after the service of termination notice shall be cleared by Midas on first in first out basis after the period of 12 months from date of each transaction.
Jurisdiction and Governing law
- This Agreement shall be subject to the exclusive jurisdiction of the courts of Delhi and the laws of India.
- Headings: Headings and captions in this Agreement are for convenience only and are not to be used to interpret this Agreement.
- Severability: If any provision of this Agreement is found to be illegal or unenforceable, then, notwithstanding such finding, this Agreement shall remain in full force and effect and such provision shall be deemed stricken or modified to the minimum extent necessary to make it enforceable; provided, however, that the intent of the Parties when entering into this Agreement is maintained.
- Waiver: A failure by any party hereto to exercise or enforce any right conferred upon it by this Agreement shall not be deemed to be a waiver of any such rights or operate so as to bar the exercise or enforcement thereof at any subsequent time or times.
- Assignment: This Agreement and any rights or obligations hereunder shall not be assigned by a User without the prior written agreement of Namaste Health. Namaste Health shall be entitled to assign or transfer its right and obligations under this Agreement to any other person.
- All obligations created by this Agreement shall survive change or termination of the Parties business relationship as the context requires in accordance with natural justice and equity principles.
- Third party links: The portal contains links to websites which are not maintained by the Namaste Health. Links to third party websites are provided for your convenience and information only. Third party websites are not under the Namaste Health control and we are not responsible for the content or accuracy of those sites or the products or services offered on or through those sites. Nor can the Namaste Health guarantee that sites will not change without our knowledge. The inclusion of a link in this website does not imply the Namaste Health endorsement of the third party website nor that we are affiliated with the third party website's owners or sponsors.
- Approval: Each party shall ensure all statutory permissions required by it before entering into this Agreement have been granted to it and nothing prohibits or restricts parties from entering into this Agreement.