Terms & Conditions

Mighty Health, together with its affiliates, is the author and publisher of the internet resource www.ortil.com. Mighty Health owns and operates the services provided through the website, social media channels, and print media.

 

Nature and Applicability of Terms

 

Please thoroughly read the terms and conditions and the privacy policy before accessing the website or availing the services available on the website by Mighty Health. A legal agreement is constituted between Mighty Health and your visit to our website, social media channels, and print media, as well as your use of our services (as defined below).

 

The Agreement applies to

 

• Medical practitioners or health care providers (whether individual professionals or an organization) wishing to be included, or already included, on the website, including designated, authorized associates of such practitioners or institutions; or
• A patient, your representatives, or affiliates, searching for practitioners or healthcare facility through the website (“End-User”, “you” or “User”); or
• Otherwise, a user of the website (“you” or “User”).
• This Agreement is applicable to the services available by Mighty Health on the website, which are offered free of charge to the Users, including the following:

• For Healthcare Facility: Profiles of wellness centres and hospitals made available to the users and visitors
• For Practitioners: Profiles of practitioners made available to the users and visitors
• For Users and Visitors: Facility to:

1. Search for healthcare facilities and practitioners by name, specialty, and geographical area, or any other criteria that may be developed and made available by Mighty Health
2. To make audio/video consultation with practitioners
3. ravel to the chosen healthcare facility for treatment

• At the sole discretion of Mighty Health, the Services may change periodically, and the Agreement will apply to your visit to and your use of the website to avail the Service, as well as to all information provided by you on the website at any time.
• The terms and conditions in which you are allowed to use the website and how we shall treat your account while you are registered or a member with us, is defined in this agreement. Should you have any questions about the Agreement, contact us at info@ortil.com
• You irrevocably accept all the conditions stated in this Agreement, Terms of Use, Privacy Policy, as available on the website , and agree to abide by them, by downloading or accessing the website to use the Services. By availing any of our Services, you signify your acceptance of the terms of this Agreement. This Agreement supersedes all previous oral and written terms and conditions (if any) communicated to you relating to your use of the website to avail the Services.
• We reserve 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 you in writing. You should read the Agreement at regular intervals. Your use of the website following any such modification constitutes your agreement to follow and be bound by the Agreement so modified.
• You acknowledge that you will be bound by this Agreement for availing any of the Services offered by us. If you do not agree with any part of the Agreement, please do not use the website or avail any Services.
• Your access to use of the website and the Services will be solely at the discretion of Mighty Health.

 

Conditions of Use

 

• You must be 18 years of age or older to use the Services, or visit or use the website in any manner.
• By registering, visiting and using the website or accepting this Agreement, you represent and warrant to Mighty Health that you are 18 years of age or older, and that you have the right, authority and capacity to use the website and the Services available through the website , and agree to and abide by this Agreement.

 

Terms of Use Applicable to all Users, Practitioners and Healthcare Facility

 

The terms in this Clause are applicable User

 

End-User Account and Data Privacy

 

• The terms “personal information” and “sensitive personal data or information” are reproduced in the Privacy Policy.
• Mighty Health may by its Services, collect information relating to the devices through which you access the website , and anonymous data of your usage. The collected information will be used only for improving the quality of Mighty Health services and to build new services.
• The website allows Mighty Health to have access to registered Users’ 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 Practitioners and their practice.
• The Privacy Policy sets out, inter-alia

1. The type of information collected from Users, including sensitive personal data or information
2. The purpose, means and modes of usage of such information
3. How and to whom Mighty Health will disclose such information
4. The User is expected to read and understand the Privacy Policy, so as to ensure that he or she has the knowledge of, inter-alia:
5. the fact that certain information is being collected
6. the purpose for which the information is being collected
7. the intended recipients of the information
8. the nature of collection and retention of the
9. the name and address of the agency that is collecting the information and the agency that will retain the information
10. the various rights available to such Users in respect of such information

• Mighty Health 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 Mighty Health or to any other person acting on behalf of Mighty Health.
• The User is responsible for maintaining the confidentiality of the User’s account access information and password, if the User is registered on the website . 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 notify Mighty Health of any actual or suspected unauthorized use of the User’s account or password. Although Mighty Health will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Mighty Health or such other parties as the case may be, due to any unauthorized use of your account.
• Suppose a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Mighty Health has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete. In that case, Mighty Health has the right to discontinue the Services to the User at its sole discretion.
• Mighty Health may use such information collected from the Users from time to time for the purposes of debugging customer support related issues.

 

Relevance Algorithm

 

• Mighty Health's relevance algorithm for healthcare facilities and Practitioners is a fully automated system that lists healthcare facilities and Practitioners, their profiles, and information regarding their scope on the website.
• The listings of Healthcare Facilities and Practitioners do not represent any fixed objective ranking or endorsement by Mighty Health. Mighty Health will not be liable for any change in the relevance of the Healthcare Facilities and Practitioners on search results, which may take place from time to time.
• The listing of Healthcare Facilities and Practitioners will be based on automated computation of the various factors including inputs made by the Users including their feedback. Such factors may change from time to time, in order to improve the listing algorithm. Mighty Health in no event will be held responsible for the accuracy and the relevancy of the listing order of the Practitioners on the website .

 

Listing Content and Disseminating Information

 

• Mighty Health collects, directly or indirectly, and displays on the website , relevant information regarding the profile of the Healthcare Facilities and Practitioners listed on the website , such as the specialization, qualification, fees, location and medical details. Mighty Health takes reasonable efforts to ensure that such information is updated at frequent intervals.
• The Services provided by Mighty Health or any of its licensors or service providers are provided on an "as is" and “as available’ basis, and without any warranties or conditions. Mighty Health does not provide or make any representation, warranty or guarantee, express or implied about the website or the Services. Mighty Health does not guarantee the accuracy or completeness of any content or information provided by Users on the website . To the fullest extent permitted by law, Mighty Health 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 Mighty Health or any User in relation to any User or services provided by such User.
• The website may be linked to the website of third parties, affiliates and business partners. Mighty Health has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such website s or made available by/through our website . Inclusion of any link on the website does not imply that Mighty Health endorses the linked site. User may use the links and these services at User’s own risk.
• Mighty Health 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 .
• Suppose Mighty Health determines that you have provided fraudulent, inaccurate, or incomplete information, including through feedback. In that case, Mighty Health reserves the right to immediately suspend your access to the website or any of your accounts with Mighty Health and makes such declaration on the website alongside your name/your facility name as determined by Mighty Health for the protection of its business and in the interests of Users. You shall be liable to indemnify Mighty Health for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected Mighty Health or its Users.
• Mighty Health has published the information for guidance purpose and does not have the ability to ascertain accuracy of the data based on which the information has been published and nor does it have any duty to disclose to anyone the source of the underlying data sets based on which this information has been published. Mighty Health is not liable in any manner for any consequence whatsoever arising out of any use of the information published here.

 

Book Appointment and Audio / Video Call Facility

 

• Mighty Health enables Users to connect with Practitioners through two methods

1. Enquiry form that allows Users to book an appointment through the website
2. Audio/Video services which connect Users directly to the Practitioner’s for consultation.

• Mighty Health will ensure Users are provided confirmed appointment by the PR Team via email.
• If the User decides to engage with a Practitioner to seek medical services, the User shall be doing so at his/her own risk.
• Without prejudice to the generality of the above, Mighty Health is not involved in providing any healthcare or medical advice or diagnosis and hence is not responsible for any interactions between User and the Practitioner. User understands and agrees that Mighty Health will not be liable for:

1. User interactions and associated issues User has with the Practitioner
2. Any misconduct or inappropriate behaviour by the Practitioner or the Practitioner’s staff
3. Cancellation or no show by the Practitioner or rescheduling of booked appointment or any variation in the fees charged, provided these have been addressed to us

• Users are allowed to provide feedback about their experiences with the Practitioner, however, the User shall ensure that, the same is provided in accordance with applicable law. User however understands that, Mighty Health shall not be obliged to act in such manner as may be required to give effect to the content of Users feedback, such as suggestions for delisting of a particular Practitioner from the website .

 

Content Ownership and Copyright Conditions of Access

 

• The contents listed on the website are

1. User generated content (or)
2. Belong to Mighty Health

• The information that is collected by Mighty Health directly or indirectly from the End- Users and the Practitioners shall belong to Mighty Health Copying of the copyrighted content published by Mighty Health on the website for any commercial purpose or for the purpose of earning profit will be a violation of copyright and Mighty Health reserves its rights under applicable law accordingly.
• Mighty Health authorizes the User to view and access the content available on or from the website solely for consulting. The contents of the website , information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the website are the property of Mighty Health and are protected under copyright, trademark and other laws. User shall not modify the Mighty Health Content or reproduce, display, publicly perform, distribute, or otherwise use the Mighty Health Content in any way for any public or commercial purpose or for personal gain.
• User shall not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.

 

Reviews and Feedback

 

• By using this website , you agree that any information shared by you with Mighty Health or with any Practitioner will be subject to our Privacy Policy.
• You are solely responsible for the content that you choose to submit for publication on the website , including any feedback, ratings, or reviews (“Critical Content”) relating to Healthcare Facility s and healthcare professionals. Mighty Health shall not be liable to pay any consideration to any User for re-publishing any content across any of its platforms.
• You hereby agree not to post or publish any content on the website that
• Infringes any third-party intellectual property or publicity or privacy rights (or)
• Violates any applicable law or regulation
• Mighty Health, at its sole discretion, may choose not to publish your reviews and feedback
• You agree that Mighty Health may contact you through telephone, email, SMS, or any other electronic means of communication for the purpose of:

1. Obtaining feedback in relation to website or Mighty Health services
2. Obtaining feedback in relation to any Healthcare Facilities and Practitioners listed on the website
3. Resolving any complaints, information, or queries by Healthcare Facilities and Practitioners regarding your Critical Content and you agree to provide your fullest co-operation further to such communication by Mighty Health.

 

Practitioner Undertaking

 

• The Practitioner is and shall be duly registered, licensed and qualified to practice medicine / provide health care, wellness services, as per applicable laws/regulations/guidelines set out by competent authorities and the Practitioner shall not be part of any arrangement which will prohibit him/her from practicing medicine within the service providing countries.
• The Practitioner shall at all times ensure that all the applicable laws that govern the Practitioner shall be followed and utmost care shall be taken in terms of the consultation or services being rendered.

 

Usage in Promotional and Marketing Materials

 

In recognition of the various offerings and services provided by Mighty Health to Healthcare Facility and Practitioners, they shall (subject to its reasonable right to review and approve):

 

• Allow Mighty Health to include a brief description of the services provided to Healthcare Facilities and Practitioner in Mighty Health marketing, promotional and advertising materials
• Allow Mighty Health to make reference to Healthcare Facilities and Practitioner in case studies, and related marketing materials
• Serve as a reference to Mighty Health existing and potential clients
• Provide video logs, testimonials, e-mails, banners, interviews to the news media and provide quotes for press releases
• Make presentations at conferences
• Use the Healthcare Facilities and Practitioner’s name and/or logo, brand images, tag lines etc., within product literature, e-mailers, press releases, social media and other advertising, marketing and promotional materials.

 

Rights and Obligations Relating to Content

 

• Mighty Health 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, ethnically 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
8. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource
9. threatens the unity, integrity, defence, security or sovereignty of service providing countries, 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.

 

• Users are also prohibited from

 

1. Violating or attempting to violate the integrity or security of the website or any Mighty Health Content
2. 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 Mighty Health
3. Intentionally submitting on the website any incomplete, false or inaccurate information
4. Making any unsolicited communications to other Users
5. 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
6. Attempting to decipher, decompile, disassemble or reverse engineer any part of the website
7. Copying or duplicating in any manner any of the Mighty Health Content or other information available from the website
8. Framing or hot linking or deep linking any Mighty Health Content.
9. Circumventing or disabling any digital rights management, usage rules, or other security features of the Software.

• Mighty Health, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information as mentioned above, shall be entitled to disable such information that is in contravention. Mighty Health shall also be entitled to preserve such information and associated records for at least 90 (ninety) days for production to governmental authorities for investigation purposes.
• In case of non-compliance with any applicable laws, rules or regulations, or the Agreement (including the Privacy Policy) by a User, Mighty Health 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 .
• Mighty Health may disclose or transfer User-generated information to its affiliates or governmental authorities in such manner as permitted or required by applicable law, and you hereby consent to such transfer.
• Mighty Health respects the intellectual property rights of others and we do not hold any responsibility for any violations of any intellectual property rights

 

Termination

 

Mighty Health 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 were,

 

• Such User breaches any terms and conditions of the Agreement
• A third-party reports violation of any of its right as a result of your use of the Services
• Mighty Health is unable to verify or authenticate any information provide to Mighty Health by a User
• Mighty Health has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User; or
• Mighty Health believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for Mighty Health or are contrary to the interests of the website .

 

Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the website under the same account, a different account or re-register under a new account. 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.

 

Limitation of Liability

 

In no event, including but not limited to negligence, shall Mighty Health, 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:

 

• provision of or failure to provide all or any service by Practitioners or Healthcare Facility to End- Users contacted or managed through the website
• any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the website
• any unauthorized access to or alteration of your transmissions or data
• 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 10 dollars (ten dollars Only).

 

Retention and Removal

 

Mighty Health 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 governing Rules. Computer web server logs may be preserved as long as administratively necessary.

 

Exclusion of Liability

 

• Mighty Health shall not be liable for death of patient despite proper treatment or any other reasons.
• Improper response to the treatment by the patient, which would entail sending him back to their hometown.
• Mighty Health shall not be liable for any complication that may arise during treatment resulting in death, permanent/temporary disablement of the patient.
• Mighty Health shall not be bound by any act or omission, which is done beyond the scope of this Agreement by the Patient or his/her accompaniment.

 

Relationship/Status

 

The relationship/status that Mighty Health and Patient share with each other is only that of referring the patient to the Scheduled Healthcare Facility along with their queries, medical history/records/complete health record of the said patient(s) who are desirous of getting treated in preferred country by patient and except this there is no other relation between the parties except the one intended within the parameters of this agreement.

 

Charges to Mighty Health

 

Mighty Health shall be entitled to receive charges from the patient related towards the Audio / Video Consultation.

 

Applicable Law and Dispute Settlement

 

You agree that the laws of India will govern this Agreement and any contractual obligation between Mighty Health and User. 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 your use of the website or the Services or information to which it gives access, shall be determined by arbitration in India, before three (3) arbitrators. The seat of such arbitration shall be India. 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.

 

Jurisdiction

 

You expressly agree that exclusive jurisdiction for any dispute with Mighty Health, or in any way relating to your use of the website , resides in the courts of India and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of India in connection with any such dispute including any claim involving Mighty Health or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.

 

Suppose any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction. In that case, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

 

Severability

 

Suppose any provision of the Agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law. In that case, 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.

 

Waiver

 

Mighty Health shall sign a waiver or consent in writing before a provision of this agreement is deemed to be waived or a breach to be excused. Any consent by Mighty Health to, or a waiver by Mighty Health of any breach by you, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

 

Conditions of Use

 

To be eligible to use or register on the website and avail the health services, you must be eighteen (18) years old and older.