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TERMS AND CONDITIONS

OVERVIEW

OPX Medical Vision Private Limited (“OPX”) is the author and publisher of the internet resource www.opinionx.in .OPX owns and operates the services provided through the Website.

The terms 'OPX' or 'us' or 'we' refer to the owners of this Website. The terms 'you' or 'User', and all its grammatical variations, refer to the user or viewer of our Website.

Before the User decides to access the Website or avails the services made available on the Website by OPX, it is recommended that the User reads these Terms and Conditions. These Terms and Conditions along with the Privacy Policy, together constitute a legal agreement (“Agreement”) between the User and OPX in connection with the User’s visit to the Website and the User’s use of the Services as made available to the User by OPX on the Website.This agreement applies to a user of the Website who avails any of the services offered by OPX and any person who only accesses the website.

This Agreement defines the terms and conditions under which the Useris allowed to access and / or use the Website and describes the manner in which OPX shall treat the User’s account while the User is subscribed as a member with us. If the User has any questions about any part of the Agreement, feel free to contact us at hello@opinionx.in. By downloading or accessing the Website to use the Services, the User irrevocably accepts all the conditions stipulated in this Agreement, and the Privacy Policy, as available on the Website, and agrees to abide by them.OPX reserves 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 the User in writing. The User is expected to read the Agreement at regular intervals. If the User does not agree with any part of the Agreement, the user is free to and advised to not use the Website or avail any Services.The sole remedy of the User for dissatisfaction with OPX is the discontinuation of the usage of OPX.

  1. Agreement subject to laws of India

    This Agreement is subject to and in compliance with the laws of India including the Indian Contract Act, 1872, the (Indian) Information Technology Act, 2000, the rules, regulations 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. Who may be the User

    The User must be 18 years of age or older before using the Services, or visiting or accessing the Website in any manner. By registering, visiting and using the Website or accepting this Agreement, the User represents and warrants to OPX that the User is 18 years of age or older, and that the User has the right, authority and capacity to use the Website, the Services available through the Website, and agrees to and abide by this Agreement.


  3. Conditions of access
    1. OPX may by its Services, collect information relating to the devices through which the User accesses the Website, and anonymous data of the User’s usage. The collected information will be used only for improving the quality of OPX’s services and to build new services.
    2. The User is expected to read and understand the Privacy Policy, so as to ensure that he or she has the knowledge of the fact that certain information is being collected, 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.
    3. The authenticity of the personal information or sensitive personal data or information supplied by the User to OPX or to any other person acting on behalf of OPX shall be the sole responsibility of the User. If any information so provided by the User is not true and correct, OPX or any representative of OPX shall not be held responsible in any manner whatsoever.
    4. 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 inform OPX of any actual or suspected unauthorized use of the User’s account or password. Although OPX will not be liable for the User’s losses caused by any unauthorized use of the User’s account, the User may be liable for the losses of OPX or such other parties as the case may be, due to any unauthorized use of the User’s account.
    5. If a User provides any information that is untrue, inaccurate , not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or OPX has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, OPX has the right to discontinue the Services to the User at its sole discretion.

  4. Conditions pertaining to content and information
    1. To the fullest extent permitted by law, OPX 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 OPX or any User in relation to any User or services provided by such User.
    2. The Website may be linked to the website of third parties, affiliates and business partners. OPX 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 OPX endorses the linked site. User may use the links and these services at User’s own risk.
    3. OPX 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. Legal Relationship; Website not to be used for Medical Emergency
    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 or which the User may gather may be provided by individuals in the medical profession. The provision of such Information does not create a licensed medical professional/patient relationship, between OPX and the User.In case an opinion, medical advice, or diagnosis or treatment of any particular condition, is given by a medical practitioner to the user directly or through OPX, it shall be solely the responsibility of the medical practitioner and in no case shall OPX or any of its directors, associates, employees, agents be held responsible and liable for the same. OPX is only acting in capacity of an intermediary in order to assist the User in procuring opinion from qualified practitioners.Hence OPX DOES NOT PROVIDE MEDICAL ADVICE nor does the services provided constitute the practice of MEDICINE, nursing, or any other practice of the health care profession. Any information provided to you on the Website as a result of your use of OPX’s services is being provided to you solely for your educational and informational benefit and should not be considered medical advice, diagnosis, treatment or a substitute for professional medical advice. Use of any services provided on the Website does not establish a doctor-patient relationship. OPX encourages that you share any reports, opinions, advices, treatment, modes of treatment, or other information generated by use of the Program with your treating health care provider.
    2. OPX 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 Practitioners for any outcome from the consultation between the User and the Practitioner.
    3. OPX is a platform being made available to Users to assist them to obtain opinion from Practitioners and does not intend to replace the physical consultation with the Practitioner.
    4. It is hereby expressly clarified that, the Information that the User obtains or receives from OPX, 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 quality of work, expertise or other information provided on the Website. In no event shall we be liable to the User or anyone else for any decision made or action taken by the User by placing reliance on such information.
    5. The Services provided by OPX on the Website are not intended to be a substitute for getting in touch with emergency healthcare. If the User is an End-User facing a medical emergency (either by the User or on another person’s behalf), please contact an ambulance service and a well-equipped hospital directly. In the event that a User contacts any professional through OPX for emergency medical service, OPX bears no responsibility in providing such a service. By accessing the website, the User acknowledges, admits, states and affirms that the User is well aware that OPX is not in the business of providing emergency medical service.

  6. Users – Rights, obligations and terms of use
    1. The Users cannot choose any medical practitioners, the system uses an algorithm to find the medical practitioner.
    2. In case any diagnosis, treatment, advice, opinion is being provided to User by the Practitioners, the same is being provided on the basis of online consultation. By assessing this service, the User acknowledges that the diagnosis, treatment, advice, opinion may vary when examined in person and hence in no event shall the prescription provided by Practitioners should be relied as a final and conclusive solution.
    3. The Users agree to use the advice from Practitioners on the website pursuant to:
      1. An ongoing treatment with their medical practitioner;
      2. A condition which does not require emergency treatment, physical examination or medical attention;
      3. Medical history available as records with them for reference;
      4. A record of physical examination and report thereof with them, generated through their local medical practitioner;
      5. Consultation with their medical practitioner before abandoning or modifying their ongoing treatment.
    4. The User agrees that by using OPX’s services, the medical practitioners will not be conducting physical examination of the User, hence they may not have or be able to derive important information that is usually obtained through a physical examination. User acknowledges and agrees that the User is aware of this limitation and agrees to assume the complete risk of this limitation.
    5. The User understands that OPX’s services shall not form a substitute for treatment that otherwise needs physical examination/immediate consultation.
    6. The User understands that the system could trigger communications to the User, in the form of notification/text/email/others.
    7. The User understands and accepts that the identity of the medical practitioner(s) working on his case shall never be disclosed to anybody except in case of any intervention by the governmental authorities in such manner as permitted or required by applicable law.
    8. Any conversations that the Users have had with the medical practitioners will be retained in OPX database as per the applicable laws and subject to confidentiality.
    9. 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.
    10. If User decides to engage with a medical practitioner to procure medical services or engages in communication, exchange of money for services outside of OPX’s platform, User shall do so at their own risk. OPX shall not be responsible for any breach of service or service deficiency by any medical practitioner.
    11. The User shall indemnify and hold harmless OPX 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.
    12. User agrees not to post any comments which are defamatory, obscene, objectionable in nature and OPX 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 OPX from and indemnify OPX 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 OPX Health feed.

  7. Maintenance of Records
    1. It is the User’s responsibility to keep the User’s correct mobile number and email ID updated in the account information on the Website. The Health Records will be sent to the Records associated with such mobile number and/or email ID. OPX is not responsible for any loss or inconvenience caused due to the User’s failure in updating the contact details with OPX.
    2. OPX uses industry–level security and encryption to the User’s Health Records. However, OPX does not guarantee to prevent unauthorized access if the User loses the User’s login credentials or if they are otherwise compromised. In the event the User is aware of any unauthorized use or access, the User shall immediately inform OPX of such unauthorized use or access. Please safeguard the User’s login credentials and report any actual suspected breach of account to hello@opinionx.in
    3. If the User accesses the User’s dependents’ Health Records by registering the User’s dependents with the User’s own Records, the User shall be deemed to be responsible for the Health Records of the User’s dependents and all obligations that the User’s dependents would have had, had they maintained their own separate individual Records. The User agrees that it shall be the User’s sole responsibility to obtain prior consent of the User’s dependent and shall have right to share, upload and publish any sensitive personal information of the User’s dependents. OPX assumes no responsibility for any claim, dispute or liability arising in this regard, and the User shall indemnify OPX and its officers against any such claim or liability arising out of unauthorized use of such information.
    4. In case the User wants to delete the User’s Records, the User can do so by contacting our service support team. However only the User’s account and any associated Health Records will be deleted, and the User’s Health Records stored by the User’s Practitioners will continue to be stored in their respective accounts.The User may lose the User’s record, if the data is not synced with the server.
    5. OPX is not responsible or liable for any content, fact, Health Records, medical deduction or the language used in the User’s Health Records whatsoever. The User’s medical practitioner is solely responsible and liable for the User’s Health Records and any information provided to us including but not limited to the content in them.
    6. OPX will follow the law of land in case of any constitutional court or jurisdiction mandates to share the Health Records for any reason.

  8. Conditions relating to content
    1. As mandated by Regulation 3(2) of the IG Rules, OPX hereby informs Users that they are not permitted to host, display, upload, modify, publish, transmit, update or share any information that:
      1. belongs to another person and to which the User does not have any right to;
      2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, religiously, culturally, ethnically or based on castes objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
      3. harm minors in any way;
      4. infringes any patent, trademark, copyright or other proprietary rights;
      5. violates any law for the time being in force;
      6. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
      7. 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;
      8. 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.

      9. Users are also prohibited from:

      10. violating or attempting to violate the integrity or security of the Website or any OPX Content;
      11. 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 OPX;
      12. intentionally submitting on the Website any incomplete, false or inaccurate information;
      13. making any unnecessary, unwarranted and unsolicited communications to other Users;
      14. 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;
      15. attempting to decipher, decompile, disassemble or reverse engineer any part of the Website;
      16. copying or duplicating in any manner any of the OPX Content or other information available from the Website;
      17. framing or hot linking or deep linking any OPX Content.
      18. circumventing or disabling any digital rights management, usage rules, or other security features of the Software.
    2. In case of non-compliance with any applicable laws, rules or regulations, or the Agreement (including the Privacy Policy) by a User, OPX has the right to immediately terminate the access or usage rights of the User to the Website and Services and to remove non-compliant information from the Website. OPX reserves the right to unilaterally ban a User from accessing the website in case any policy, guidelines, terms and conditions of usage are violated by the User. There shall be no review policy of the same and the User once banned shall have no right to be re-instated.
    3. OPX shall only disclose or transfer User-generated information to governmental authorities in such manner as permitted or required by applicable law, and the User hereby consents to such transfer.

  9. Cessation of User Access
    1. OPX 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,
      1. Such User breaches any terms and conditions of the Agreement;
      2. A third party reports violation of any of its right as a result of the User’s use of the Services;
      3. OPX is unable to verify or authenticate any information provide to OPX by a User;
      4. OPX has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User; or
      5. OPX believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for OPX or are contrary to the interests of the Website.
    2. 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.

  10. Liability of OPX in case of negligence or other claims

    In no event, including but not limited to negligence, shall OPX, or any of its directors, officers, employees, agents or content or service providers (collectively, the “Protected Entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Website or the content, materials and functions related thereto, the Services, User’s provision of information via the Website, lost business or lost End-Users, even if such Protected Entity has been advised of the possibility of such damages. In no event shall the Protected Entities be liable for:

    1. provision of or failure to provide all or any service by Practitioners to End- Users contacted or managed through the Website;
    2. any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Website;
    3. any unauthorized access to or alteration of the User’s transmissions or data; or
    4. 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).


  11. User information -

    OPX 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.


  12. Dispute resolution and Arbitration
    1. The User agrees that this Agreement and any contractual obligation between OPX and User will be governed by the laws of India.
    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 the User’s 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 OPX. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be Pune. 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.
    3. Subject to the above Clause 9.2, the courts at Pune city within the state of Maharashtra shall have exclusive jurisdiction over any disputes arising out of or in relation to this Agreement, the User’s use of the Website or the Services or the information to which it gives access.

  13. Redressal of Grievances
    1. If a User has any questions concerning OPX, the Website, this Agreement, the Services, or anything related to any of the foregoing, OPX customer support can be reached at the following email address: hello@opinionx.in or via the contact information available from the following hyperlink: www.opinionx.in
    2. In accordance with the Information Technology Act, 2000, and the rules made there under, if the User have any grievance with respect to the Website or the service, including any discrepancies and grievances with respect to processing of information, the User can contact our Grievance Officer at:
      Name: Mrs.Archana Bodas
      Designation: Grievance Officer
      Address: Pune
      Email: hello@opinionx.in
      Telephone: +91- 9823155984 (Ask to be connected to the Grievance Officer)
      In the event the User suffer as a result of access or usage of our Website by any person in violation of Rule 3 of the IG Rules, please address the User’s grievance to the above person.

  14. Refund Policy
    1. Only in the event that OPX is not able to provide a response from a Medical Practitioner within 120 hours of the User’s case being assigned and where the User has submitted all the necessary information, OPX shall process and provide a complete refund of the payment made by the User.
    2. There might be certain situations where the User may be entitled to a refund and wherever the User feels that he should be refunded any amount that he has paid, he should contact us at hello@opinionx.in . Such communication pertaining to the refund shall be considered by OPX and in appropriate cases the refund to the User shall be processed. Further, the User agrees that on any issue of refund the final decision shall be of OPX.

  15. No legal Relationship

    This Agreement does not create any kind of joint venture, agency, partnership, or other form of joint enterprise between the User and OPX. Except as expressly provided herein, the User shall have no right, power, or authority to create any obligation or duty, express or implied, on OPX.


  16. Applications and Mobile Devices

    If the User accesses the OPX Platform through the web application, the User acknowledges that this Agreement is between the User and OPX only, and not with another application service provider or application platform provider (such as Apple Inc. or Google Inc.), which may provide you the application subject to its own terms. To the extent you access the OPX Platform through a mobile device, your wireless carrier’s standard charges, data rates, and other fees may apply.


  17. Services that Require Separate Agreement

    Certain features or services of the OPX platform may require the User to enter into a separate and supplemental agreement prior to use.


  18. Changes to the OPX Platform

    We are always trying to improve your experience of the OPX Platform. We may need to add or change features and may do so without notice to you.


  19. Changes to the OPX Platform

    If any provision of the Agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from this Agreement and the remainder of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event, the Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.


  20. Waiver of terms

    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 OPX. Any consent by OPX to, or a waiver by OPX of any breach by the User, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

    THE USER HAS READ THESE TERMS AND CONDITIONS AND AGREED TO ALL OF THE PROVISIONS CONTAINED ABOVE.