General Terms and Conditions

Effective Date: June 04, 2020

Last Updated: 04, 2020

  1. OVERVIEW: ABOUT US
  • Brand ‘ZeroDelay’ (hereinafter, “ZeroDelay”, “We” or “Us”) is one of the services owned and operated exclusively by Murshine Technologies Private Limited, a private limited company established in India, having its registered office at Door no 2f Salma classic terrace , 104 west madha church street , Royapuram, Chennai-600013 with Corporate Identification Number U72900TN2019PTC133194. This brand does not have any mobile applications or website other than the three mobile applications (hereinafter, “Apps”) and the two websites mentioned below:
  • This document contains important information that you need to consider before making an important decision of collaborating with ZERODELAY in any capacity.
  • In the forthcoming clauses, this document defines the various Terms and Conditions under which you are allowed to use or access the Apps/Websites of ZERODELAY. It also describes the manner in which we shall treat your account/data/information while you are registered as a user with us. If you have any questions or clarifications about any part of the Agreement, please feel free to contact us at 80-8849-8849
  1. ACCEPTANCE OF CONTRACTUAL RELATIONSHIP
  • Please take adequate time to carefully read and understand the General Terms and Conditions (hereinafter, “T&C”) and the Privacy Policy (hereinafter, “PP”) before you decide to access, use or utilise the applications, websites, content, information, data, products and any other services (hereinafter, collectively referred to as “services”) offered by ZERODELAY either through our official Apps and/or Websites (Apps/Websites).
  • T&C and PP read together constitute a binding legal agreement (hereinafter, “Agreement”) between YOU and ZERODELAY and this Agreement shall govern your access or use in connection with your visit to the website and your use of the services through the Apps. In this Agreement, the words “including” and “include” may mean “including, but not limited to.”
  • This Agreement governs your use of our services, whether or not you have created an account by registering with us. You must agree to and accept all of the terms of this Agreement, or else, you don’t have the right to use the services. By using our Apps/Websites or otherwise accessing the services and/or by creating an account with ZERODELAY, you irrevocably confirm your consent to be bound by this Agreement
  • Please note that your affirmative act of accessing or using the services provided by us or creating an account with us constitutes your electronic signature to this Agreement, which includes our Privacy Policy and Supplemental Terms and your consent to enter into such agreements with us electronically.
  1. ADHERENCE TO SUPPLEMENTAL TERMS
  • In addition to the General Terms and Conditions, Supplemental Terms and Conditions may apply to certain kinds of services, such as conditions, rules or policies for a particular consultation, activity or promotion and such supplemental terms will be disclosed to you separately in connection with the applicable service or services as and when the situation arises.
  • The General Terms and Conditions are co-extensive and concurrent with ZERODELAY’s other Supplemental Terms and Conditions and any other agreement that is listed on our website, such as Terms of Use (hereinafter, “ToU”). All such Supplemental Terms are incorporated by reference into this Agreement and they shall be deemed a part of this Agreement for the purposes of the applicable service(s). Except as otherwise provided, supplemental terms may prevail over the General T&C in the event of an irreparable conflict with respect to the applicable services.
  • We reiterate that if you do not agree or accept any clauses of the Agreement, or the Supplemental Terms, you may not access or use the services.
  1. AMENDMENT OF T&C AND/OR OTHER DOCUMENTS
  • ZERODELAY may amend the T&C and other documents that are part of this Agreement from time to time, as we reasonably deem necessary and appropriate. We reserve the right to modify or terminate any portion of this Agreement for any reason and at any time. Upon any such modification, we will post the amended terms on our website. We will also use our best effort to notify you of the relevant modifications or changes via email or by other reasonable means.
  • It is your obligation to read the Agreement and other connected documents at regular intervals. The said amendments will be effective upon ZERODELAY’s posting of such updated Terms at its website or in the amended policies or supplemental terms on the applicable service(s).
  • If at any time you choose not to accept any part of this Agreement, including following any such modifications hereto, then you must stop using our Apps/Websites. Your continued access or use of the services of ZERODELAY after such posting confirms your consent to be bound by this Agreement, as amended.
  • If ZERODELAY changes the Terms after the date you first agreed to the Agreement, you may reject any such change by providing ZERODELAY a written notice of such rejection within seven (7) days from the date on which such change became effective, i.e., the effective date. This written notice must be provided by email from the email address associated with your Account support@zero-delay.com . In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to these Terms. By rejecting changes, you are agreeing that you will continue to be bound by the provisions of this Agreement as of the date you first agreed to it. In such cases, we may decide whether to provide you services anymore or to terminate the relationship.
  1. LAWS GOVERNING THE AGREEMENT
  • Except as otherwise provided, you agree that this Agreement and any contractual obligation between you and ZERODELAY will be governed by the laws of India. This Agreement is created in created in compliance of and is governed by the provisions of Indian laws, including but not limited to:
  • the Indian Contract Act, 1872,
  • the Information Technology Act, 2000, and the rules, regulations, guidelines and clarifications framed there under, including, but not limited to
  • the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (hereinafter, the “IT - SPI Rules”), and
  • the Information Technology (Intermediaries Guidelines) Rules, 2011 (hereinafter, the “IT- IG Rules”) and
  • any other laws relevant to protection of data and privacy in India.
  • Presently, the Apps/Websites are administered in Chennai, India and is intended for Indian users only; any use outside of India or use related to activities outside of India is prohibited and at the user’s own risk. Depending on their location, users are responsible for compliance with any State, Local or Municipal laws as applicable to their use of the services through our Apps/Websites.
  1. ELIGIBILITY TO USE THE SERVICES OR OTHERWISE ACCESS OUR APPS/WEBSITES
  • You must be eighteen (18) years of age or older to register, create an account with us and visit or use the Apps/Websites in any manner. By registering, visiting and using the Apps/Websites or accepting this Agreement, you represent and warrant to ZERODELAY that you are eighteen (18) years of age or older.
  • If you are below the age of 18, you can use our services only under the supervision of your parent or guardian who has agreed to this Agreement. Parents or Legal Guardians of a child under the age of 18 may avail our services on behalf of such minor child. By using the Apps or services on behalf of a minor child, you represent and warrant that you are the Parent or Legal Guardian of such child, and that all references in this Agreement to “You” shall refer to such child or such other individual on whose behalf you have authorization to enter into this Agreement.
  • If you create an account or use the services on behalf of an individual or entity other than yourself, you represent that you are authorized by such individual or entity to accept this Agreement on such individual’s or entity’s behalf.
  • If you do not qualify under the above clauses, please refrain from using our services through our Apps/Websites. If you use our services by way of misrepresentation, then the right to access our services shall be revoked immediately. By using or accessing services of ZERODELAY, you represent and warrant that you have the right, authority and capacity to use the services and agree to and abide by this Agreement.
  1. OUTLINE – KINDS OF USERS AND SERVICES
  • You can view certain portions of the various services offered by us without a ZERODELAY account. However, to benefit from all of the services we provide, you must create a ZERODELAY account and provide certain basic information about yourself, which you authorize ZERODELAY to use and disclose as described in our PP.
  • You acknowledge that your usage of our services will be solely at the discretion of ZERODELAY. In order to use all our services effectively, you must first agree to the Terms and Conditions of the Agreement. You can accept the same by:
  • By clicking to accept or agree to the Agreement, where it is made available to you by ZERODELAY in the user interface for any particular service; or
  • By actually using the services. In this case, you understand and agree that ZERODELAY will treat your use of the services as acceptance of this Agreement from that point onwards.
  • The Agreement applies to you whether you are:
  • A medical or paramedical practitioner or health service provider (whether an individual professional or an organisation operating in the health care sector) or other organisations of similar nature wishing to be listed, or already listed, on our Apps/Websites, including designated, authorized associates of such practitioners or organisations (hereinafter, referred to as, “Health Service Provider(s)”, “Practitioner(s)”, “You” or “User”); or
  • A patient, his/her representatives or associates, searching for practitioners or health service providers through the Apps/Websites (hereinafter, “End-User”, “You” or “User”); or
  • Otherwise a visitor or user of the Apps/Websites (hereinafter, “You” or “User”).
  • This Agreement applies to those services made available by ZERODELAY through its Apps/Websites, which are generally offered free of charge to the users. The various kinds of services available on our platform may include, (but not limited to) services relating to hospitals, clinics, doctors, dentists, nurses, physiotherapists, dieticians, labs and lab technicians, pharmacists, scan centres, pet scan centres, diabetic centres, dialysis centres, fertility centres, cosmo derma clinics, ambulance services, mortuary services etc.
  • The services may alter from time to time, at the sole discretion of ZERODELAY, and the Agreement will apply to your visit to and your use of the Apps/Websites to avail the services which includes the following:
  • For Practitioners and Health Service Providers: Listing your profiles and contact details so as to be made available to the other users and visitors to the Apps/Websites;
  • For Other Users: The facility to
  • create and maintain ‘ZERODELAY Accounts’,
  • search for practitioners and health service providers by name, specialty, and geographical area, or any other criteria that may be developed and made available by us,
  • fix consultation appointments with practitioners and health service providers,
  • fix house visit appointments with practitioners and health service providers,
  • utilise any other service as may be notified from time to time.
  • In addition to the General T&C, to know more about a particular service offered by health care providers and to avail the same, kindly go through the respective Terms of Use (ToU) agreements available at our website.
  1. LISTING OF PRACTIONERS/HEALTH SERVICE PROVIDERS
  • To help you find appropriate health service providers who may be suitable for your needs and enable the maximum choice and diversity of those participating in the services, we will provide you with lists and/or profiles of health service providers. The listings are based on various information that you provide to us such as qualifications, geographical location, health service specialty etc. They may also be based on other criteria such as health service provider’s availability, past selections by and/or ratings of health service providers by you or by other ZERODELAY users and past experience of users with health service providers.
  • ZERODELAY’s algorithm for the health care providers is an automated one that lists the service providers, their profile and information regarding their practice on our Apps/Websites. The listing will be based on computation of the various factors mentioned above 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.
  • These listings do not represent any fixed ranking or endorsement by ZERODELAY. In no event, we will be held responsible for the accuracy and the relevancy of the listing order of the health service providers. Further, we will not be liable for any change in the listing of the health service providers on search results, which may take place from time to time.
  • You understand that some health service providers listed in our Apps/Websites enter into contracts with us and may pay us a fee in order to be marketed through or to use our services. We may show you certain relevant advertisements or sponsored results on our platform in addition to the regular search results. ZERODELAY receives additional fees from certain health service providers for providing such sponsored results. Such results shown in our Apps/Websites are not and should not be considered as an endorsement or recommendation by us of the health service provider.
  1. IMPORTANT – GENERAL DISCLAIMERS
  • You may find certain user’s information to be offensive, harmful, inconsistent, inaccurate or deceptive. In such scenarios, please use abundant caution when surfing through the contents available in our platform.
  • Please don’t forget the fact that you are responsible for choosing your own health service provider. It is your duty to check whether the applicable health service provider is suitable for your health care needs based on qualification, experience, specialty, licenses and other important facts and circumstances that could impact your care.
  • Nothing posted on our Apps/Websites is intended to be and must not be taken to be the practice of medicine, dentistry, nursing or other professional health service advice, or the provision of medical care. We highly encourage you to independently confirm any content relevant to you with other credible sources, including the health service provider’s office, medical associations relevant to the applicable specialty and the appropriate licensing or certification or regulatory authorities to verify listed credentials and education.

    There Is No Doctor – Patient Relationship:

  • We intend to bonafidely assist you in finding an appropriate health service provider in any field. Doctors, dentists, nurses and other medical and paramedical professionals use our platform to share content with you, but your use of such content is not a substitute for health service. The term ‘content’ means any content such as text, data, graphics, images, photographs, audio, video, information, suggestions, guidance and other materials provided, made available or otherwise found through our Apps/Websites, including, but not limited to content provided in direct response to your questions or postings.
  • You acknowledge that no licensed medical professional/patient relationship is created when you use the services or content offered by health service providers. This is true whether such content is provided by or through the use of our Apps/Websites or through any other communications from ZERODELAY including, but not limited to, ZERODELAY social media channels, ZERODELAY advertising, ZERODELAY emails and text messages which may link to other sites.

    We Do Not Provide Medical Advice:

  • Please understand that the services you obtain or receive from ZERODELAY, its employees, contractors, partners, sponsors, advertisers, licensors or its agents are purely for informational, educational, scheduling and payment purposes only. All medically related information, including, but not limited to information shared via, ZERODELAY Apps/Websites, ZERODELAY social media channels, ZERODELAY emails and text messages, and ZERODELAY advertising, comes from independent health service professionals and organizations and is for the above mentioned purposes only.
  • While we sincerely hope our services are helpful in your health care journey, it is not intended as a substitute for nor does it replace, a medical opinion, professional medical advice, diagnosis or treatment of any particular condition or disease. Any service or information offered through ZERODELAY’s Apps/Websites is only provided to assist you in locating appropriate medical care from a qualified practitioner or health service provider or agents or affiliates thereof. Do not disregard, avoid or delay in obtaining medical advice from a qualified professional or health service provider, under any situation. 

    Not To Be Used For Emergency Medical Needs:

  • Do not use our services or rely upon the information provided in our Apps/Websites for any kind of emergency medical needs.
  • Our services are not intended to be a substitute for getting in touch with emergency health service. If you are facing a medical emergency, please contact an ambulance service or hospital directly.
  1. RESPONSIBILTIES OF HEALTH SERVICE PROVIDERS AND ZERODELAY
  • If you are a practitioner, health service provider or any other similar person or entity in the health service sector, regardless of whether you maintain an account with ZERODELAY or whether you schedule or intend to schedule appointments through our Apps/Websites, you acknowledge and agree that:
  • You will not use the Apps/Websites to view, access or otherwise use the services, directly or indirectly, for any purpose other than your own personal use as a health service provider.
  • You will not use the Apps/Websites to establish, attempt to establish or enforce, directly or indirectly, any agreement or coordination of the prices charged for any product or service or otherwise engage or attempt to engage in price fixing, output restriction or customer or market allocation.
  • You will not use the Apps/Websites, directly or indirectly, to engage in any anti-competitive, deceptive or unfair practices, or otherwise violate applicable competition or consumer protection laws or regulations such as the Competition Act, 2002 and the Consumer Protection Act, 2019.
  • You will take care of your obligations under the Indian Medical Council Act, 1956 and any rules and regulations passed by the Medical Council of India or any other laws, rules and regulations passed by other medical sector specific regulatory bodies, as the case may be.
  • ZERODELAY collects, directly or indirectly and lists on its Apps/Websites, relevant information regarding the profile and practice of the health service providers, such as their specialization, qualification, fees, location, visiting hours and other similar details. ZERODELAY takes reasonable efforts to ensure that such information is updated periodically. Although ZERODELAY screens, reviews and vets the various information submitted by the health service providers, it cannot be held liable for any inaccuracies or incompleteness represented from it, despite such reasonable efforts.
  • In the capacity of a health service provider, if you have provided inaccurate, fraudulent or incomplete information, including through feedback, then ZERODELAY reserves the right to immediately suspend your access to the Apps/Websites or any of your accounts with ZERODELAY and makes such declaration on the Apps/Websites alongside your name/your clinic’s name as determined by ZERODELAY for the protection of its business and in the interests of ZERODELAY and its other users.
  • We may also exclude those health service providers from our services, who in our discretion have misbehaved with the users or have engaged in inappropriate or unprofessional conduct. However, we will not be held responsible to any users who got affected by such conduct.
  • The health service providers shall be liable to indemnify ZERODELAY for any losses incurred as a result of his/her misrepresentations or fraudulent feedback that has adversely affected ZERODELAY or its users.
  1. “AS IS” AND “AS AVAILABLE” SERVICES
  • Please keep in mind that the services provided by ZERODELAY through its Apps/Websites are provided on an “as is” and “as available” basis. We offer the services to you without any express or implied guarantees, conditions or warranties, 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. To the maximum extent permitted by law, we hereby disclaim all such warranties, including all statutory warranties.
  • We take certain steps to verify that the health service providers listed on our Apps/Websites hold active licenses, certifications or registrations mandated by law to practice the specialties of the services offered by them. While we make reasonable efforts to provide you with accurate content, we make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, expertise, quality of work, information relating to fee, cost or insurance or any other content available through our Apps/Websites. In any event, we shall not be liable to you or anyone else for any decision made or action taken by you in reliance on any such content.
  • In addition, we make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through our Apps/Websites. Specifically, ZERODELAY does not recommend or endorse any individual, entity, specific tests, health service providers, procedures, opinions or other information that may appear through our Apps/Websites. If you rely on any information, you do so solely at your own risk.
  1. “AS IS” AND “AS AVAILABLE” SERVICES
  • ZERODELAY wishes to reiterate that your use of the content available in our Apps/Websites is at your own risk. We have no special relationship with you nor do we owe a fiduciary duty towards you. We will try our best to provide you appropriate services with reasonable skill and care. We do not accept responsibility for any injury, illness, death, loss, damage, expense, cost or other sum or claim of any description whatsoever not caused by any fault of ours, meaning failure by ourselves to use reasonable skill and care in performing or providing the service in question. Please note that it is your responsibility to show that reasonable skill and care has not been used, if you wish to make a claim.
  • In addition, we will not be held responsible in a situation where you do not feel satisfied with our services or suffer any problems because of a reason you did not tell us about earlier, when you first booked your appointment with us or health service providers; or where any problems you suffer did not result from any breach of this agreement or other fault of ourselves, or any losses, expenses, costs or other sum you have suffered do not directly relate to this Agreement.
  • ZERODELAY is not responsible for the accuracy, reliability, timeliness or completeness of information provided by users of the services or any other data or information provided or received through the services. We do not guarantee the results that may be obtained from the use of the services will be effective, reliable or accurate or will meet your requirements.
  • You understand and acknowledge that we have no control over and no duty to take any action regarding:
    • which users gain access to our Apps/Websites;
    • what type content you access;
    • what effects the content may have on you;
    • how you may interpret or use the content or 
    • what actions you may take as a result of having been exposed to the content. 
  • We make no warranties about the software, information systems and functions made accessible through the services or any other security associated with the transmission of sensitive information. We do not warrant that the Apps/Websites will operate error-free, bug-free or free from any other defects, that loss of data will not occur, or that the services, software or site are free of computer viruses, contaminants or other harmful items.
  • In any event, we shall not be liable to you (or to any third party claiming under or through you) for any indirect, special, incidental, consequential or exemplary damages arising from your use of or inability to use the services. These exclusions apply to any claims for lost profits, lost data, loss of goodwill, computer failure or malfunction, any other commercial damages or losses or medical malpractice or negligence of health service providers utilized through use of our Apps/Websites, even if we knew or should have known of the possibility of such damages.
  1. SAFEGUARDING YOUR DATA AND PRIVACY POLICY
  • Protecting your privacy and keeping your information secure is one of our biggest priorities. The term “personal sensitive information” is defined under the relevant data protection laws in India and the same is reproduced in the Privacy Policy. This part of the Agreement should be read in consonance with the Privacy Policy which sets out, inter-alia:
  • The type of information collected from users, including personal sensitive information;
  • The purpose, means and ways of usage of such information;
  • How and to whom ZERODELAY will disclose such information; and,
  • Other information mandated by the laws relating to data protection and privacy in India.
  • Every user is expected to read and understand the Privacy Policy, so as to ensure that the user has sufficient knowledge of, inter-alia:
  • the fact that certain information is being collected, which includes, but not limited to personal sensitive information;
  • 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.
  • When you create a ZERODELAY account, you will provide your mobile number which will act as your username. You will also create a password. You should keep your username and password private and not share it with anyone else. The user is responsible for maintaining the confidentiality of the user’s account access information and password, if the user is registered on our Apps/Websites. The user shall be responsible for all usage of the user’s account and password, whether or not authorized by the user.
  • ZERODELAY 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 ZERODELAY or to any other person acting on behalf of ZERODELAY.
  • You may also be able to access our services through a third party service provider, such as Facebook, Google etc. If you connect to our services through such third party service provider, you give us permission to access and use your information from such service provider, as permitted by their terms and policies and to store your log-in credentials for such third party service provider. ZERODELAY has no control over and assumes no liability or responsibility for the content, accuracy, privacy policies or practices of or opinions expressed by any such third party.
  • ZERODELAY’s Apps/Websites are designed in a way which allows us to have access to registered users contact details such as 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 health service providers and their services.
  • ZERODELAY while providing its services may collect information relating to the devices through which you access the Apps/Websites and anonymous data of your usage. The collected information will be used for improving the quality of ZERODELAY’s services and to build new services. For instance, we may use such information collected from the users from time to time for the purposes of debugging customer support related issues.
  1. PAYMENT OF HEALTH CARE EXPENSES AND OTHER CHARGES
  • Except as otherwise provided, the services we offer to you are free of cost. However, you are still responsible for your own health care expenses. Usual, customary and any other charges for any medical or related services rendered by health service providers will apply and will be entirely your responsibility. 
  • You are responsible for ensuring that all information that you provide to ZERODELAY is accurate and up-to-date. Some services may not be available through ZERODELAY or your health service provider depending upon a number of factors, including your insurance details. Ultimately, you must resolve any dispute between you and any health service provider arising from any transaction hereunder directly with the health service provider.
  • Fee charged by the service providers as listed on the ZERODELAY Apps/Websites are correct at the time of publication and have been placed as received from the practitioners and health service providers. While we take great care to keep them up to date, please note that the fee charged to you by them may change at the time of the actual service rendered.
  • ZERODELAY reserves the right to modify or change paid services, charging standards, charging methods, service fees, and service terms as required. After giving prior notification, we may start charging for any service when it is introduced or has already been available for free. If you refuse to pay such fees, then you will not be able to continue using the related services after it has become paid.
  • ZERODELAY reserves the right to charge subscription and/or membership fees from a user, by giving reasonable prior notice, in respect of any service, product or any other aspect of the ZERODELAY platform anytime in future. Any such amount that may be charged to you by ZERODELAY, shall be inclusive of applicable taxes.
  1. UNAUTHORISED OR UNLAWFUL USAGE PROHIBITED
  • You are fully responsible for all use of our services, including use by others to whom you have given your account details. You shall immediately notify us of any actual or suspected unauthorized use of your account or password by sending an email to support@zero-delay.com . Although ZERODELAY will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of ZERODELAY or such other parties as the case may be, due to any unauthorized use of your account.
  • You may only use the Apps/Websites for lawful and non-commercial purposes. The contents found in our Apps/Websites are protected by the intellectual property laws of India including without limitation, the laws relating to trademark, patents, copyrights, trade secrets and other proprietary rights. All of the content is owned by us or by our licensors. We do not intend to transfer any intellectual property rights to you by virtue of permitting your use of the services. 
  • You may print, download and store contents from our Apps/Websites for your own convenience, but you may not copy, distribute, republish, sell or exploit any of the content, in whole or in part, for any commercial gain or purpose whatsoever. You also acknowledge and agree that you will not upload, post, reproduce or distribute any content on our Apps/Websites belonging to a third party, which is protected by copyright and other intellectual property laws, without obtaining the permission of such third party.
  • You may not use our services or access our Apps/Websites in any manner that could damage, disable, overburden or impair our servers or networks or interfere with any other party’s use and enjoyment of the services.
  • You may not attempt to gain unauthorized access to any of the services, user accounts or computer systems or networks through hacking, password mining or any other fraudulent and unlawful means. You may not accumulate or index, directly or indirectly, any content or portion of the Apps/Websites (including, without limitation, health service provider content, appointment availability, fee information and insurance content) for any purpose whatsoever.
  1. THIRD PARTY CONTENT AND LINKS
  • Our Apps/Websites may be linked to the Apps/Websites of third parties, affiliates and business partners. Consequently, while using our services, you may encounter links to other websites or resources. These links are provided for your convenience only and we do not endorse or recommend these sites or the products and services they provide.
  • You acknowledge and agree that we are not responsible or liable for the content or accuracy or quality of these other websites. Although we attempt to link you to trustworthy websites, it is possible that they will contain materials that are objectionable, unlawful or inaccurate and we will not be responsible or liable for the legality or decency of material contained in or accessed through such other websites. You may access the third party links or use the resources provided in the said links at your own risk.
  • ZERODELAY assumes no responsibility and shall not be liable for any damages or viruses that may contaminate your equipment on account of your access to, use of or browsing the Apps/Websites or the downloading of any material, data, text, images, video content or audio content from the Apps/Websites. If a user is dissatisfied with any external Apps/Websites, users are advised to discontinue using the same.
  1. CANCELLATION AND REFUND POLICY
  • We do not guarantee that you will be able to access or use the services (either directly or through third-party networks) at times or locations of your choosing. ZERODELAY encourages all practitioners and health service providers to use the services responsibly, but we have no control over and cannot guarantee the availability of any practitioner or health service provider at any particular time.
  • We will not be liable for cancelled or otherwise unfulfilled appointments or any injury or loss resulting therefrom or for any other injury or loss resulting or arising from or related to the use of the Apps/Websites whatsoever. 
  • In the event that, the health service providers with whom the user has booked an appointment via our Apps/Websites, has not been able to meet the user, user will need to write to us at support@zero-delay.com within seven to ten (7 - 10) working days from the occurrence of such event; For more details about the process of cancellation and obtaining refunds, please refer to the Terms of Use of specific services.
  1. FORCE MAJEURE
  • We regret we cannot accept liability or pay any compensation where the performance or prompt performance of our contractual obligations is prevented or affected by or you otherwise suffer any damage or loss as a result of “force majeure”, meaning any event which we or the health service providers in question could not, even with all due care, foresee or avoid. Such events may include war or threat of war, riot, civil strife, actual or threatened terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, pandemic or epidemic outbreaks, outbreak of fire and all similar events outside our control.
  1. ASSIGNMENT
  • We may assign this Agreement at any time, including, but not limited to any parent, subsidiary or any affiliated company or as part of the sale to, merger with or other transfer of our company to another entity. You may not assign, transfer or sublicense this Agreement to anyone else and any attempt to do so in violation of this section shall be null and void.
  1. TERMINATION
  • ZERODELAY may by its discretion immediately terminate this Agreement or any services with respect to you or generally cease offering or deny access to the services or any portion thereof, at any time for any reason, without notice. We may terminate our relationship, if it is reasonably believed that your actions may cause legal liability for us or other users.
  • If you’re not using our services appropriately, we’ll want to work with you to set things straight. But we reserve the right, if we determine it is best, to terminate, suspend and/or deactivate your account immediately, without notice, if there has been a violation by you or by someone using your credentials, this Agreement or other agreements, policies and terms posted on the Apps/Websites.
  • If a user provides any information during the registration process or thereafter, which is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete) or ZERODELAY has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, then ZERODELAY has the right to terminate, suspend or discontinue the services to the user at its sole discretion. We may also terminate, suspend or deactivate your account for any other reason, including inactivity for an extended period.
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  • ZERODELAY shall not be liable to you or any third party for any termination, suspension or deactivation of your access to the services through our Apps/Websites. Further, you agree not to attempt to use our services after any such termination, suspension or deactivation (except where deactivation is due solely to inactivity, and you are permitted to create another account).
  • In any event, termination will not affect accrued rights, indemnities, existing commitments or any contractual provision intended to survive termination. Thus, those provisions that by their nature are intended to survive termination or expiration of this Agreement shall so survive.
  1. INDEMNIFICATION
  • Upon a request from us, you agree to defend, indemnify, and hold harmless us, our employees, contractors, officers, directors, agents, parent and other affiliates, from all liabilities, claims, demands and expenses, including attorney’s fees, that arise from or are related to 
  • your use of the services through our Apps/Websites or
  • the violation of this Agreement (including without limitation the Privacy Policy, Supplemental Terms of Use), or
  • the violation of any intellectual property or other right of any person or entity, by you or any person using your credentials. 
  • The foregoing indemnification obligation does not apply to liabilities, claims and expenses arising as a result of our own gross negligence or intentional misconduct.
  1. ARBITRATION AS THE SOLE FINAL DISPUTE SETTLEMENT MECHANISM
  • This Agreement and the dispute settlement mechanism shall be solely governed by the laws of India. We sincerely hope that we can work out any disagreements you might have with ZERODELAY. But if there is a dispute that needs to be further resolved, that process will take place according to the mechanism prescribed in this section only. Please read this part carefully, as it may affect your legal rights.

    Mediation First, then Arbitration:

  • Any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to this Agreement, including those relating to its validity, its construction or its enforceability shall be first mandatorily submitted to mediation proceedings in terms of the Indian law.
  • If such dispute has not been settled within sixty (60) days after a request for mediation has been submitted under the Indian laws, the such dispute can be referred to and shall be exclusively and finally resolved by arbitration.

    Important – Arbitration Notice:

  • Please carefully review the Arbitration agreement set forth below carefully, as it will require you to resolve disputes with ZERODELAY on an individual basis through final and binding arbitration. By entering into this Arbitration agreement, you expressly acknowledge that you have read and understand all of the terms of this agreement and have taken time to consider the consequences of this important decision.
  • Any dispute, claim or controversy arising out of or in relation to this Agreement, including (but not limited to) the determination of the scope or applicability of this Agreement to arbitrate, or your use of the Apps/Websites or the services or information to which it gives access, shall be finally determined by arbitration in India, before a sole arbitrator appointed by ZERODELAY.
  • Law governing Arbitration: Arbitration shall be conducted in accordance with the Indian Arbitration and Conciliation Act, 1996.
  • Seat: The seat of both mediation and arbitration shall be Chennai, Tamil Nadu.
  • Language: All proceedings of such mediation or 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.
  • Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with this Agreement or any other terms and conditions agreed upon by the parties.
  • Subject to the clauses mentioned in Part – XXII of this Agreement, the Courts at Chennai shall have exclusive jurisdiction over any disputes arising out of or in relation to this Agreement, including (but not limited to) your use of the services through our Apps/Websites. ZERODELAY may, however, in its absolute discretion, commence any legal action or proceedings arising out of this Agreement in any other court, tribunal or other appropriate forum, and you hereby consent to that jurisdiction.

    Confidentiality of Proceedings:

  • The existence and content of the mediation and arbitration proceedings, including documents and briefs submitted by the parties, any correspondence from the mediator, and correspondence, orders and awards issued by the sole arbitrator, shall remain strictly confidential and shall not be disclosed to any third party without the express written consent from the other party unless:
  • the disclosure to the third party is reasonably required in the context of conducting the mediation or arbitration proceedings; and
  • the third party agrees unconditionally in writing to be bound by the confidentiality obligation stipulated herein.

    Class Action Waiver:

  • You agree that any disputes between you and us will be resolved by binding, individual arbitration only and that you waive your right to participate in a class or collective action lawsuit, or class or collective arbitration. Accordingly, neither you nor we will participate in a class action for any claims covered by this Agreement to arbitrate.
  1. GENERAL TERMS

    Headings and Interpretation:

  • We wish to clarify that the headings of the clauses of this Agreement and the table of contents are for convenience purpose only.
  • They do not in any way limit, define, describe, modify, interpret or construe the meaning, scope or intent of this Agreement or any terms or conditions therein.

    Entire Agreement:

  • This Agreement and any supplemental terms, policies, rules, regulations and guidelines posted through our Apps/Websites, each of which are incorporated herein by reference, including the Privacy Policy, constitute the entire legal agreement between you and us and it expressly supersede all prior agreements or arrangements with you, whether oral or written.

    Severability and Survival:

  • In the event any one or more of the provisions of this Agreement shall for any reason be held to be invalid, illegal or unenforceable under applicable law by a court of competent jurisdiction or an arbitral tribunal, then the remaining provisions of this Agreement shall be unimpaired;
  • Only such invalid, illegal or unenforceable provision shall be excluded from this Agreement and the remainder of the Agreement shall be interpreted, as if such provision were so excluded so that the other provisions of this Agreement remain in full force and effect and enforceable.
  • Further, you hereby agree that such provision shall be replaced by a provision that comes closest to the intention of the parties that underlie the invalid, illegal or unenforceable provision.

    Waiver

  • 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 ZERODELAY. Any consent by ZERODELAY to waive any breach by you, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
  • The failure of ZERODELAY to exercise or enforce any right, power or privilege under any provisions of this Agreement shall not constitute a waiver of such right power or privilege; nor shall any single or partial exercise by either party of any right, power or privilege preclude any further exercise of that right or the exercise of any other right, power or privilege.
  • You must commence any legal action against us within three (3) months after the alleged harm initially occurs. Failure to commence the action within that period shall forever bar any claims or causes of action regarding the same facts or occurrence, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by us to enforce or exercise any provision of these terms or any related right shall not constitute a waiver of that right or provision.

    Network Access And Devices – Carrier Charges May Apply:

  • You are responsible for obtaining the data network access necessary to use the services. By accessing our services through a mobile or other device, you may be subject to charges by your Mobile or Internet service provider, so check with them first, if you are not sure, as you will be solely responsible for any such costs incurred.
  • You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the services and applications and any updates thereto. We do not guarantee that the services, or any portion thereof, will function on any particular hardware or devices. In addition, the services may be subject to malfunctions and delays inherent in the use of the internet and electronic communications.

    Not a Partnership or Agency:

  • None of the clauses of this Agreement shall be deemed to constitute a partnership or agency between you and ZERODELAY and you shall have no authority to bind ZERODELAY in any manner or form, whatsoever.

    Translation of the Terms:

  • ZERODELAY may provide a translation of the English version of the Terms into other languages. You understand and agree that any translation of the Terms into other languages is only for your convenience and that the English version shall govern the terms of your relationship with ZERODELAY. Furthermore, if there are any inconsistencies between the English version of the Terms and its translated version, the English version of the Terms shall prevail over others.