1.2. NATIONWIDE provides a number of health-related services (collectively, the "Service"), such as general practitioner, paediatric, gynaecologist and other specialist doctor consultations, home health care services, dental care services, health management by a personal physician, 24/7 doctor on-call, vaccination services, specialist referral, second opinion, medical counselling and diagnostic lab test services. This Service is provided through in-person (face-to-face) interaction at our clinics or at your home, and through telephone, internet communication or other online channels, where applicable.
1.4. NATIONWIDE reserves the right, in its discretion, to change or modify all or any part of this Agreement at any time, effective immediately. Your continued use of the Site or Service constitutes your binding acceptance of these terms and conditions, including any changes or modifications made by NATIONWIDE as permitted above. Please be sure to review this Agreement periodically to ensure familiarity with the most current version. If at any time the terms and conditions of this Agreement are no longer acceptable to you, you should immediately cease all use of the Service.
1.5. NATIONWIDE does not permit registration by and will not knowingly collect personally identifiable information from anyone under 18 on this Site. By registering for the Service, you represent and warrant that you are 18 years of age or older. Additionally, you must provide true, accurate and complete registration information to become a member of the Service ("Member"). Creating a Member account under automated means or under false or fraudulent pretences constitutes unauthorised use of the Service and such accounts will be terminated by NATIONWIDE.
1.6. By using the Service, you represent and warrant that all registration information you submit is truthful and accurate and you agree to the accuracy of such information. The profile that you compose upon registering for the Service (the "Member Profile") must describe you, an individual person. Examples of inappropriate profiles include, but are not limited to, profiles that purport to represent an animal, place, inanimate object, fictional character, or real individual who is not you. If you wish to view or change your profile, you can do so via the "my profile" option on the site.
1.7. You agree to pay any charges incurred in connection with the Service you elect to purchase from NATIONWIDE on the SITE at the rates in effect when the charges were incurred. If you've elected to pay by credit card, we will bill all charges to your credit card upon receipt of purchase or payment form.
1.8. If you believe someone has accessed the Site using your username and password without your authorisation, you must contact NATIONWIDE using the information located under "Contact Us".
1.9. We will make all reasonable attempts to contact you when your purchased health plan subscription is due to expire, and offer a simple process for renewing your subscription. If your subscription expires before you accept our renewal offer, your access to the Service and all of its services will terminate without additional notice. Any special offers or discounts obtained upon your initial subscription or any subsequent renewals may not necessarily be offered on renewal, and we reserve the right to change our subscription fees at any time without notice.
2. Use of Content
2.1. The Site provides general medical-related information only and does not constitute legal advice.
2.2. You acknowledge that the Site contains information, software, photographs, audio and video clips, graphics, links and other material of NATIONWIDE (collectively, the "Content") that is protected by copyright, trademark or other proprietary rights of NATIONWIDE or third parties. All Content on the Service is copyrighted as a collective work of NATIONWIDEas per applicable copyright law. You agree to comply with any copyright notices, information, or restrictions contained in any Content available on or accessed through the Service. Users of the Site may use the Content only for their personal, non-commercial use.
2.3. You may not modify, publish, transmit, reproduce, create derivative works from, distribute, perform, display, sell, transfer or in any way exploit any of the Content or Material, in whole or in part. Content consisting of downloadable software may not be reverse engineered unless specifically authorized by the owner of the software's patent and/or copyright. You also agree not to circumvent, disable or otherwise interfere with any security related features of the Site or the Content, including features that prevent or restrict use or copying or those that enforce limitations on use.
2.4. You are NOT allowed to DOWNLOAD or copy and make any personal, non-commercial or commercial use of the Content or information from the Site in whole or in part without the express permission of NATIONWIDE. Requests for such permission should be made to email@example.com. Any rights not expressly granted herein are reserved. Please be advised that NATIONWIDE enforces its intellectual property rights to the fullest extent of the law.
2.5. It is your responsibility to check the accuracy or relevant facts and opinions given on the Site before entering into any commitment based upon them.
3. Rules of Conduct
3.1. If you have registered on the Site, the log in credentials are personal to the individual named on the account and cannot be shared with or used by any other individual, or entity. The sharing of passwords, login information, or user identification is forbidden. NATIONWIDE reserves the right to monitor Customer's use of the Site to ensure compliance with this Agreement and prevent fraudulent use. Such monitoring of use may include but will not be limited to determining whether or not the Site is accessed under the account from multiple sources or IP Addresses at the same time.
3.2. The following is an incomplete list of illegal and prohibited uses of the Site. NATIONWIDE may investigate any illegal and/or unauthorised use of the Site and appropriate legal action may be taken, including without limitation, termination of your right to access the Site, and civil, criminal, and injunctive redress. While utilizing the Site, you may not:
4. Managing Content
4.1. NATIONWIDE reserves the right to delete, move or edit any Content (including Material posted in any interactive area of the Site) that it may determine, in its sole discretion, violates this Agreement or is otherwise unacceptable. However, NATIONWIDE does not and cannot review all of the Content posted by users on the Site and is not responsible for such Content. You shall remain solely responsible for all Material. Although NATIONWIDE reserves the right to remove any offending Content on the Site, you understand and agree that you nonetheless may be exposed to such Material and that you further waive your right to any damages (from any party) related to such exposure.
4.2. Additionally, NATIONWIDE shall have the right, but not the obligation, to correct any errors or omissions in any Content, as it may determine in its sole discretion.
5. No Endorsement
5.1. NATIONWIDE does not represent or endorse the accuracy or reliability of any Content posted on any interactive area and you acknowledge that any reliance upon such Content shall be at your sole risk. Any Content placed on any interactive area by users represents the views of the user posting the statement, and does not represent the views of NATIONWIDE.
5.2. The Service may contain links to Site or mobile applications on the Internet which are owned and operated by third parties (the "External Site or mobile applications"). You acknowledge that NATIONWIDE is not responsible for the availability of, or the content located on or through, any External Site or mobile application. You should contact the Site or mobile application administrator or webmaster for those External Site or mobile applications if you have any concerns regarding such links or the content located on such External Site or mobile applications.
You agree to indemnify, defend and hold NATIONWIDE and its affiliates, and their respective officers, directors, owners, agents, information providers and licensors (collectively, the "NATIONWIDE Parties") harmless from and against any and all claims, liability, losses, damages, costs and expenses (including attorneys' fees) incurred by any NATIONWIDE Party in connection with any Material or with use or alleged use of any Content or the Site, including any use under your password by any person, whether or not authorized by you. NATIONWIDE reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with NATIONWIDE's defence of such claim.
7. Termination of Site Access
NATIONWIDE reserves the right, in its sole discretion, to restrict, suspend or terminate your user account and access to all or any part of the Site, including the discussion areas, at any time for any reason without prior notice or liability. Conversely, you may terminate your user account at any time, for any reason, by deleting your account on the site or by emailing NATIONWIDE at firstname.lastname@example.org. The terms of this Agreement shall survive any termination of your membership. NATIONWIDE may change, suspend or discontinue all or any aspect of the Site at any time, including the availability of any feature, database, or Content (including the discussion areas), without prior notice or liability.
NATIONWIDE may use a third-party payment gateway to process your payments when you purchase a Service on the Site. All such transactions are secured and encrypted. When you make a payment, you will be redirected to the third-party payment gateway and on successful completion of payment, a payment receipt will be generated for your records. In case there is a payment failure, no charges will be debited and you will be notified about the payment failure. Although it is not mandatory that you register or create a user account on the Site to make payments, it is advisable to do so for your own convenience. Detailed information on eligibility for cancellation and refund of any payments made can be found under our ‘Refund & Cancellation’ Policy.
9. Copyright Policy
You may not post, distribute, perform, display, transmit or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright or trademark infringement, please contact the website administrator at email@example.com the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or trademark interest; (b) a description of the copyrighted work(s) or trademark(s) that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on the website; (d) your address, telephone number, and email address; (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or trademark owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or trademark owner or authorized to act on the copyright or trademark owner's behalf.
10. Disclaimer of Warranties; Limitation of Liability.
10.1. THIS SITE AND ITS CONTENT AND SITE-RELATED SERVICES ARE PROVIDED "AS IS," WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND HYPERLINKED WEBSITES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY NEITHER NATIONWIDE NOR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY NOR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.NEITHER NATIONWIDE NOR ANY THIRD PARTY CONTENT PROVIDER WARRANTS THAT ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THE SERVICE WILL BE FREE OF VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.
Please note that a small number of people may experience epileptic seizures when exposed to certain light patterns on a computer screen like those displayed when using the Site. Consult your physician prior to using the Site if you have had any epileptic symptoms (such as eye or muscle twitches, dizziness, altered vision, disorientation, loss of awareness, involuntary movements or convulsions) and discontinue use of the Site immediately if you experience any such symptoms.
NATIONWIDE, ITS SUPPLIERS, AND OTHER THIRD PARTIES MENTIONED ON THIS SITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES AND PRODUCTS, CONTENT OR INFORMATION CONTAINED WITHIN THE "SITE," AND/OR ANY HYPERLINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR HYPERLINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.
Some of the pages on the Site include links to external websites. These links are included to give users the opportunity to access other pages that it is felt may be of assistance to them. Except for NATIONWIDE-owned links, NATIOWIDE is not responsible for the content of these internet Sites.
While efforts have been taken to ensure that the pages on the Site are free from viruses, NATIONWIDE gives no warranties that they are indeed free from viruses and users are responsible for ensuring that they have installed adequate virus checking software.
NATIONWIDE excludes, in so far as it is legally responsible, all liability and responsibility (other than liability for death or physical injury arising out of the negligence of NATIONWIDE or its officers) for any viruses or any other computer code, files or programs designed to interrupt, restrict, destroy, limit the functionality of or compromise the integrity of any computer software or hardware or telecommunications equipment or other material transmitted with or as part of:
• The pages on the Site or any other Internet Site or mobile applications;
• Any material downloaded from the Site or any other Internet Site;
• Any publication, product or service.
13. Intellectual Property
The names, images and logos identifying NATIONWIDE or third parties and their products and services, are the proprietary marks of NATIONWIDE, and/or may be the proprietary marks of third parties. Any use made of these marks may be an infringement of rights in those marks and NATIONWIDE reserves all rights to enforce such rights that it might have.
14.1. The Site or mobile application has been created with Indian users in mind and therefore its content may not be appropriate or lawful outside of INDIA. Users from outside of INDIA should therefore verify for themselves whether or not it is appropriate for them to access the Site or Services.
14.2. Entire Agreement
This Agreement sets forth the entire agreement between you and NATIONWIDE with respect to the Terms & Condition of Use (TOU) mentioned here and shall supersede all prior understandings or agreements, whether oral or in writing, between you and NATIONWIDE as regards to the subject matter herein.
14.3. Jurisdiction of Disputes
THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH LAWS OF INDIA. ANY DISPUTE ARISING FROM OR IN CONNECTION WITH THIS AGREEMENT, WHICH CANNOT BE SETTLED AMICABLY BETWEEN YOU AND NATIONWIDE WITHIN 30 DAYS FROM THE DATE OF A NOTICE OF DISPUTE FROM ONE PARTY TO THE OTHER, SHALL BE REFERRED TO AN ARBITRATION OF THE SOLE ARBITRATOR TO BE APPOINTED IN ACCORDANCE WITH THE PROVISIONS OF ARBITRATION AND CONCILIATION ACT, 1996. THE ARBITRATION SHALL BE CONDUCTED IN ENGLISH AND VENUE SHALL BE BANGALORE. ANY ACTION OR SUIT RELATED TO THIS AGREEMENT SHALL BE SUBJECT TO THE EXCLUSIVE JURSIDICTION OF THE COURTS IN BANGALORE, INDIA. If any inconsistency exists between the terms of this Agreement and any additional terms and conditions posted on the Service, such terms shall be interpreted as to eliminate any inconsistency, if possible, and otherwise, the additional terms and conditions shall control. If any provision of this Agreement is held invalid, illegal or unenforceable in any respect, (i) such provision shall be interpreted in such a manner as to preserve, to the maximum extent possible, the intent of the parties, (ii) the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and (iii) such decision shall not affect the validity, legality or enforceability of such provision under other circumstances.