LEGAL TERMS AND CONDITIONS:
Welcome to www.holisticspineclinic.com. All information and services displayed on www.holisticspineclinic.com website constitute an “invitation to offer”. Your request for availing consultation constitutes your offer which shall be subject to the terms & conditions as listed below. All the terms & conditions form an Agreement regulating our relationship with regard to use of online transactions.
All the terms and conditions must be read very carefully. If you do not agree to any of the terms and conditions, you should not use this service. Your use of a Site shall constitute your acceptance of these terms and you also agree to be bound by any such changes/revisions. By using this facility, you accept that this will form a legal binding agreement between you and Holistic Spine Clinic
The Terms and Conditions contained herein shall apply to any person (“User”) using the services of Holistic Spine Clinic for making Consultation fee payments through an online payment gateway service (“Service”) offered by Razorpay Payment Gateway Service provider, through Holistic Spine Clinic’s website i.e. http://www.holisticspine clinic.com. Each User is therefore deemed to have read and accepted these Terms and Conditions.
“User”/ “You” means and includes you and/or any person or an entity including using or accessing the services provided on this Site.
"Site” means the online transaction platform owned and operated by Razorpay Payment Gateway Services which provides a venue to the users of Holistic Spine Clinic to make online payment for appointment.
“Products” on Razorpay Payment Gateway Services connotes Admission Forms that appears in website i.e. www. holisticspineclinic.com where the user/applicant can fill the form online for Consultation.
You represent and warrant that you are competent and eligible to enter into a legally binding agreement and have the requisite authority to bind the other party to this Agreement. You shall not use this Site if you are not competent to contract under the applicable laws, rules and regulations.
General Terms and Conditions for Online-Payments:
The On-line payment service is provided in order to facilitate access to avail and pay the services offered online.
1. The consultation timings will be fixed in accordance with Indian Standard Time. Accordingly, the user shall make necessary arrangements for making himself/herself/patient available for online consultation.
2. The user understands that this facility is only for Virtual Consultation by appointment.
3. Booked appointment is non -transferrable for any other Consultant or Patient likewise Payment made through online mode is non-transferrable
4. In case of multiple consultation appointments, separate transactions will have to be processed.
5. The user may cancel the appointment 24 hours prior to the appointment time and receive a refund (except Registration Charges, where applicable). No refund will be available after this. Please note that, for cancellation of appointment on patient request, the patient needs to send an email to ____________________________mailto:email@example.com 24hrs before the Appointment time, the refund will be processed within 7 working days of receiving such a request.
6. In case of cancellation of appointment by patient or by the clinic a refund will be processed through the mode the payment is received. The processing of the refund may take 7 working days or more.
7. For rescheduling of cancelled appointments, a fresh appointment is required to be booked. The Appointment Cell will assist you with the same in such case; if you wish you pay on-line a new payment transaction will have to be processed.
8. Please ensure that the Credit/ Debit card details provided by you for availing the services are correct and accurate and you shall not use the credit/ debit card which is lawfully not owned by you.
9. Holistic Spine Clinic or the Doctor’s clinic cannot accept the liability for a payment not reaching Holistic Spine Clinic or the Doctor’s clinc due to incorrect card details or personal details provided by you neither can we accept liability if payment is refused or decline by Credit/ Debit card supplier for any reason.
10. The information provided will not be utilized and shared by Holistic Spine Clinic or Doctor’s clinic by the third parties unless required by law regulations or court orders Server Time-out/ Session Time-out – In case the web-site or payment service providers web-page is experiencing any server related issues like “slow down” or “failure” or “session time-out” the user shall, before initiating the second payment, check whether his/ her bank account has been debited or not.
11. All the rates are subject to change without prior intimation.
12. Once a User has accepted these Terms and Conditions, he/ she may register and avail the Services. A User may either register on Holistic Spine Clinic’s website or alternatively enter his/ her Holistic Spine Clinic number and pay their consultation charges/ fees in any other manner as may be specified by Holistic Spine Clinic from time to time.
13. Holistic Spine Clinic’s rights, obligations, undertakings shall be subject to the laws in force in India, as well as any directives/ procedures of Government of India, and nothing contained in these Terms and Conditions shall be in derogation of Holistic Spine Clinic’s right to comply with any law enforcement agencies’ request or requirements relating to any User’s use of the website or information provided to or gathered by Holistic Spine Clinic with respect to such use.
14. Each User accepts and agrees that the provision of details of his/ her use of the Website to regulators or police or to any other third party in order to resolve disputes or complaints which relate to the Website shall be at the absolute discretion of Holistic Spine Clinic.
15. If any part of these Terms and Conditions are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth herein, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms and Conditions shall continue in effect.
16. These Terms and Conditions constitute the entire agreement between the User and Holistic Spine Clinic. These Terms and Conditions supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the User and Holistic Spine Clinic. A printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
17. The entries in the books of Payment Service Providers kept in the ordinary course of business pertaining to Holistic Spine Clinic and/or the Payment Service Providers with regard to transactions covered under these Terms and Conditions and matters therein appearing shall be binding on the User and shall be conclusive proof of the genuineness and accuracy of the transaction.
18. Refund for Charge Back Transaction: In the event there is any claim for/ of charge back by the User for any reason whatsoever, such User shall immediately approach Holistic Spine Clinic with his/ her claim details and claim refund from Holistic Spine Clinic alone. Such refund (if any) shall be effected only by Holistic Spine Clinic via payment gateway. No claims for refund/ charge back shall be made by any User to the Payment Service Provider(s) and in the event such claim is made it shall not be entertained.
19. In these Terms and Conditions, the term “Charge Back” shall mean, approved and settled credit card or net banking purchase transaction(s) which are at any time refused, debited or charged back to merchant account (and shall also include similar debits to Payment Service Provider’s accounts, if any) by the acquiring bank or credit card company for any reason whatsoever, together with the bank fees, penalties and other charges incidental thereto.
20. Refund for fraudulent/duplicate transaction(s): The User shall directly contact Holistic Spine Clinic for any fraudulent transaction(s) on account of misuse of Card/ Bank details by a fraudulent individual/party and such issues shall be suitably addressed by Holistic Spine Clinic alone in line with their policies and rules.
21. Server Slow Down/Session Timeout: In case the Website or Payment Service Provider’s webpage, that is linked to the Website, is experiencing any server related issues like ‘slow down’ or ‘failure’ or ‘session timeout’, the User shall, before initiating the second payment, check whether his/her Bank Account has been debited or not and accordingly resort to one of the following options:
(i) In case the Bank Account appears to be debited, ensure that he/ she does not make the payment twice and immediately thereafter contact Holistic Spine Clinic via e-mail or any other mode of contact as provided by Holistic Spine Clinic to confirm payment.
(ii) In case the Bank Account is not debited, the User may initiate a fresh transaction to make payment. However, the User agrees that under no circumstances the Payment Gateway Service Provider shall be held responsible for such fraudulent/duplicate transactions and hence no claims should be raised to Payment Gateway Service Provider. No communication received by the Payment Service Provider(s) in this regards shall be entertained by the Payment Service Provider(s).
Limitation of Liability:
1. Holistic Spine Clinic has made this Service available to the User as a matter of convenience. Holistic Spine Clinic expressly disclaims any claim or liability arising out of the provision of this Service. The User agrees and acknowledges that he/ she shall be solely responsible for his/ her conduct and that Holistic Spine Clinic reserves the right to terminate the rights to use of the Service immediately without giving any prior notice thereof.
2. Holistic Spine Clinic and/or the Payment Service Providers shall not be liable for any inaccuracy, error or delay in, or omission of (a) any data, information or message, or (b) the transmission or delivery of any such data, information or message; or (c) any loss or damage arising from or occasioned by any such inaccuracy, error, delay or omission, non-performance or interruption in any such data, information or message.
3. Under no circumstances shall the Holistic Spine Clinic and/or the Payment Service Providers, its employees, partners, and its third party agents involved in processing, delivering or managing the Services, be liable for any direct, indirect, incidental, special or consequential damages, or any damages whatsoever, including punitive or exemplary arising out of or in any way connected with the provision of or any inadequacy or deficiency in the provision of the Services or resulting from unauthorized access or alteration of transmissions of data or arising from suspension or termination of the Services.
4. Holistic Spine Clinic and the Payment Service Provider(s) assume no liability whatsoever for any monetary or other damage suffered by the User on account of:
(i) The delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Payment Gateway or Services in connection thereto; and/ or
(ii) Any interruption or errors in the operation of the Payment Gateway.
5. The User shall indemnify and hold harmless the Payment Service Provider(s) and Holistic Spine Clinic and their respective officers, directors, agents, and employees, from any claim or demand, or actions arising out of or in connection with the utilization of the Services.
6. The User agrees that Holistic Spine Clinic or any of its employees will not be held liable by the User for any loss or damages arising from user’s use of, or reliance upon the information contained on the Website, or any failure to comply with these Terms and Conditions where such failure is due to circumstance beyond Holistic Spine Clinic’s reasonable control.
Debit/Credit Card, Bank Account and Other Mode of Online Payment Details:
1. The User agrees that the debit/credit card details or other mode of online payment provided by him/ her for use of the aforesaid Service(s) must be correct and accurate and that the User shall not use a debit/ credit card, that is not lawfully owned by him/ her or the use of which is not authorized by the lawful owner thereof. The User further agrees and undertakes to provide correct and valid debit/credit card or other mode of online payment details.
2. The User may pay consultation fee to Holistic Spine Clinic by using a debit/credit card or through other mode of online payment.
3. The User warrants, agrees and confirms that when he/ she initiates a payment transaction and/or issues an online payment instruction and provides his/ her card / bank details:
The User is fully and lawfully entitled to use such credit / debit card, bank account or other mode of online payment for such transactions;
The User is responsible to ensure that the card/ bank account or other mode of online payment details provided by him/ her are accurate;
The User is authorizing debit of the nominated card/ bank account or other mode of online payment for payment of fees selected by such User along with the applicable Fees.
The User is responsible to ensure sufficient credit is available on the nominated card/ bank account or other mode of online payment at the time of making the payment to permit the payment of the dues payable or the bill(s) selected by the User inclusive of the applicable Fee.
1. Any waiver of any rights available to Holistic Spine Clinic under these Terms and Conditions shall not mean that those rights are automatically waived.
2. The User agrees, understands and confirms that his/ her personal data including without limitation details relating to debit card/ credit card or any other mode of online payment transmitted over the Internet may be susceptible to misuse, hacking, theft and/ or fraud and that Holistic Spine Clinic or the Payment Service Provider(s) have no control over such matters.
3. Although all reasonable care has been taken towards guarding against unauthorized use of any information transmitted by the User, Holistic Spine Clinic does not represent or guarantee that the use of the Services provided by/ through it will not result in theft and/or unauthorized use of data over the Internet.
4. Holistic Spine Clinic, the Payment Service Provider(s) and its affiliates and associates shall not be liable, at any time, for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of information contained on the Website.
Payment Gateway Disclaimer:
The Service is provided in order to facilitate to pay Consultation Fees online. Holistic Spine Clinic or the Payment Service Provider(s) do not make any representation of any kind, express or implied, as to the operation of the Payment Gateway other than what is specified in the Website for this purpose. By accepting/ agreeing to these Terms and Conditions, the User expressly agrees that his/ her use of the aforesaid online payment Service is entirely at own risk and responsibility of the User.
Modification of Terms and conditions of Service:
When you visit Holistic Spine Clinic.com or send e-mails to us or give us your feedback, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Revision of Consultation Charges/Changes:
Holistic Spine Clinic reserves a right to revise the consultation charges or other charges or withdraw or suspend / cancel, or discontinue any or all of the services without prior notice, make modifications and alterations in any or all of the content, products and services contained on the site without prior notice and at the sole discretion of the Holistic Spine Clinic.
None of the provisions of the User Agreement shall be deemed to constitute a partnership or agency between you and Holistic Spine Clinic and you shall have no authority to bind Holistic Spine Clinic in any manner, whatsoever.
Governing Law and Jurisdiction:
This agreement and the relationship between you and Holistic Spine Clinic is governed and construed in accordance with the Laws of India without regard to its conflict of law provisions. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts at Ahmedabad, India, in all disputes arising out of or relating to the use of the site/services.
While every effort would be made to provide service on scheduled time, however due to reasons beyond control of Holistic Spine Clinic, there may be delay or interruption in providing the service. Holistic Spine Clinic shall have no liability to you for any interruption or delay in access to the website or Service provided irrespective of the nature of the cause.
Waiver and Severability:
The failure of Holistic Spine Clinic to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision for future occurances. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect.
You shall indemnify and hold harmless Holistic Spine Clinic and its respective officers, partners, agents, and employees, from any claim or demand, or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of your breach of these terms and conditions.
These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.