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Website Terms and conditions

 

Terms of use

The Medical & Surgical Centre Limited (referred to as “we”, us”, “Fortis Clinique Darné”) is the author and publisher of the internet resource http://www.fortiscliniquedarne.com/en (referred to as “Website”) on the world wide web as well as other connected software and applications provided by Fortis Clinique Darné, Website referred to as “Services”). Fortis Clinique Darné provides the Services in partnership with its agents, affiliates, associates, representatives or other third parties (together referred to as “Partners”).

 

 

Nature and applicability of term


Please carefully go through these terms and conditions (“Terms”) and the privacy policy available at https://www.fortiscliniquedarne.com/privacy (“Privacy Policy”) before you decide to access the Website or avail the Services made available by us. These Terms and the Privacy Policy together constitute a legal agreement (“Agreement”) between you and Fortis Clinique Darné in connection with your visit to the Website and your use of the Services (as defined below).

The Agreement applies to you whether you are -

  • A patient, his/her representatives/ attendant/ relative/ friend or affiliates (“you” or “User”); or
  • A user of the Website (“you” or “User”).


This Agreement applies to all services made available by Fortis Clinique Darné on the Website.

The Services may change from time to time, at the sole discretion of Fort Fortis Clinique Darné is, 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 given point in time.

This Agreement defines the terms and conditions under which you are allowed to use the Website. If you have any questions about any part of the Agreement, feel free to contact us at clinique@cliniquedarne.com.

By accessing the Website to use the Services, you irrevocably accept all the terms and conditions stipulated in this Agreement and agree to fully abide by them.

This Agreement supersedes all previous oral and written terms and conditions (if any) communicated to you. By availing any Service, you signify your agreement and acceptance to this Agreement.

We reserve the right to modify or terminate any portion of the Agreement for any reason and at any time.

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. Any additional terms and conditions, disclaimers, privacy policies and other policies applicable in general and/ or to specific areas of this Website or to particular Service are also considered as part of the Agreement.

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 Fortis Clinique Darné. The Agreement is published in compliance of, and is governed by the provisions of Mauritian law, including but not limited to:

  • the Indian Contract Act, 1872,
  • the (Indian) Information Technology Act, 2000, and
  • the rules, regulations, guidelines and clarifications 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”).

 

Conditions of use

By visiting and using the Website or accepting this Agreement, you represent and warrant to Fortis Clinique Darné 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.

 


End-user account and data privacy

The terms “personal information” and “sensitive personal data or information” are defined under the SPI Rules, and are reproduced in the Privacy Policy.

Fortis Clinique Darné and its Partners may by the Services, collect information relating to the devices through which you access the Website, location from which you access and anonymous data of your usage. The collected information will be used only for improving the quality of the Services and to build new services.

The Website allows Fortis Clinique Darné and its Partners to have access to Users’ personal email or phone number, for the purpose of communication and analytics.

The Privacy Policy sets out:

  • The type of information collected from Users, including sensitive personal data or information;
  • The purpose, means and modes of usage of such information;
  • How and to whom Fortis Clinique Darné will disclose such information; and,
  • Other information mandated by the SPI Rules.

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;
  • purpose for which the information is being collected;
  • intended recipients of the information;
  • nature of collection and retention of the information; and
  • various rights available to such Users in respect of such information.


Fortis Clinique Darné and its Partners shall not be responsible in any manner for the authenticity or correctness of the personal information or sensitive personal data or information supplied by the User to Fortis Clinique Darné or to any other person acting on behalf of Fortis Clinique Darné or its Partners.

If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Fortis Clinique Darné has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Fortis Clinique Darné has the right to discontinue the Services to the User at its sole discretion.

 

Listing content and disseminating information

Fortis Clinique Darné collects, directly or indirectly, and displays on the Website, relevant information regarding the profile and practice of the Practitioners listed on the Website, such as their specialisation,  location, and visiting hours. Fortis Clinique Darné takes reasonable efforts to ensure that such information is updated at frequent intervals. Fortis Clinique Darné cannot be held liable for any inaccuracies or incompleteness represented from it, despite such reasonable efforts.

The Services provided by Fortis Clinique Darné or any of its licensors or Partners are provided on an "as is" and “as available" basis, and without any warranties or conditions (express or implied, 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). Fortis Clinique Darné and its Partners do not provide or make any representation, warranty or guarantee, express or implied about the Website or the Services. Fortis Clinique Darné and its Partners do not guarantee the accuracy or completeness of any content or information provided by Users on the Website. To the fullest extent permitted by law, Fortis Clinique Darné and its Partners disclaim 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 Fortis Clinique Darné or its Partners 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. Fortis Clinique Darné 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 Fortis Clinique Darné endorses the linked site. User may use the links and these services at User’s own risk.

Fortis Clinique Darné and its Partners assume 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 downloading of any material, data, text, images, video content from the Website. If a User is dissatisfied with the Website, User’s sole remedy is to discontinue using the Website.


Booking appointments, diagnostic tests, and interaction with service providers

While Fortis Clinique Darné will try to ensure a confirmed appointment with a medical service provider (like doctor or diagnostic lab or radiology or rehabilitation centre) for a User who requested an appointment on the Website, Fortis Clinique Darné or its Partners do not guarantee that the User will get a confirmed appointment. Further, Fortis Clinique Darné and its Partners have no liability if such an appointment is confirmed but later cancelled, postponed or rescheduled by the hospital or medical service provider, or the medical service provider are not available as per the given appointment time.

Fortis Clinique Darné or its Partners may provide value added services which connect Users directly to the medical service providers via voice call, text message, or other electronic means and the information exchanged between the User and the medical service provider is stored and used in accordance with the Privacy Policy. However, it is at the discretion of the User, to avail such Service if it is available.

For avoidance of doubt, the Services mentioned on the website are not to provide any healthcare or medical advice or diagnosis and hence Fortis Clinique Darné and its Partners are not responsible for any medical or other outcomes between you and the medical service providers you interact with, pursuant to any interactions on the Website. If you decide to engage with a medical service provider to provide medical services to you, you do so at your own risk. Fortis Clinique Darné or its Partners shall not be responsible for any breach of service or service deficiency by any medical service provider you connect, engage or transact with. We advise you to perform your own investigation or get feedback prior to selecting a doctor or any other service provider available on the Website.

Without prejudice to the generality of the above, Fortis Clinique Darné or its Partners will not be liable for:

  • any wrong medication or treatment quality being given by the doctor(s), diagnostic service provider(s), pharmacy(s), or any medical negligence on part of the any of the above;
  • any type of inconvenience suffered by the User due to a failure on the part of the medical service provider including doctor to make himself/herself available at the appointed time, no show by the doctor, inappropriate treatment, or similar difficulties;
  • cancellation or rescheduling of booked appointment;
  • any medical eventualities that might occur subsequent to using the services of a doctor, diagnostic lab services, pharmacy, whom the User has selected on the basis of the information available on the Website or with whom the User has requested to book an appointment through the Website.

Further, Fortis Clinique Darné shall not be liable, under any event, for any comments or feedback given by any of the Users in relation to the services provided by another User. All such feedback should be made in accordance with applicable law. The option of Users to give feedback remains at Fortis Clinique Darné’s sole discretion and may be modified or withdrawn at its sole discretion. Fortis Clinique Darné may moderate such feedback at any time. Fortis Clinique Darné shall not be obliged to act in any manner to give effect to the content of Users’ feedback.

 

No doctor patient relationship for emergency use

Some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, “Information”) that may be available on the Website may be provided by individuals in the medical profession. The provision of such Information does not create a licensed medical professional/patient relationship, between Fortis Clinique Darné and you and does not constitute an opinion, medical advice, or diagnosis or treatment of any particular condition, but is only provided to assist you with locating appropriate medical care from a qualified practitioner.


It is hereby expressly clarified that, the Information that you obtain or receive from Fortis Clinique Darné, and its employees, partners, licensors or otherwise on the Website is for informational purposes only. In no event shall Fortis Clinique Darné be liable to you or anyone else for any decision made or action taken by you in reliance on such information.

The Services are not intended to be a substitute for getting in touch with emergency healthcare. If you are an User facing a medical emergency (either on your or a another person’s behalf), please contact an ambulance service, hospital, doctor or appropriate medical professional directly.

 

 

Content ownership and copyright conditions of access

The contents listed on the Website are belong to Fortis Clinique Darné and its Partners.

The information that is collected by Fortis Clinique Darné directly or indirectly from the Users shall belong to Fortis Clinique Darné and its Partners. Copying of the copyrighted content published by Fortis Clinique Darné or its Partners on the Website for any commercial purpose or for the purpose of earning profit will be a violation of copyright and Fortis Clinique Darné and its Partners reserve their rights to take action under applicable law accordingly.

Fortis Clinique Darné authorizes the User to view and access the content available on or from the Website solely for receiving, sharing, storing and communicating only as per this Agreement. 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 (collectively, " Fortis Clinique Darné Content"), are the property of Fortis Clinique Darné or its Partners and are protected under copyright, trademark and other applicable laws. User shall not modify the Fortis Clinique Darné Content or reproduce, display, publicly perform, distribute, or otherwise use the Fortis Clinique Darné 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.

 

Review and feedback

By using this Website, you agree that any information shared by you with Fortis Clinique Darné or with any other person, medical service provider or anyone else using the Website, or Services 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.

Your publication of feedback on the Website is governed by Clause 10 stated hereinafter. Without prejudice to the detailed terms stated in Clause 10, you hereby agree not to submit any content on the Website that (a) infringes any third-party intellectual property or publicity or privacy rights, or (b) violates any applicable law or regulation, including but not limited to the IG Rules and SPI Rules. Fortis Clinique Darné, at its sole discretion, may choose not to publish your feedback, if so required by applicable law, and in accordance with Clause 5 of these Terms. You agree that Fortis Clinique Darné may contact you through telephone, email, or any other electronic means of communication for the purpose of:

  • Obtaining feedback in relation to Website, or Fortis Clinique Darné’s services; and/or
  • Obtaining feedback in relation to any medical service providers on the Website and/or
  • Resolving any complaints, information, or queries by medical service providers regarding your Critical Content;
  • and you agree to provide your fullest co-operation further to such communication by Fortis Clinique Darné.

 

Rights and obligations relating to content

As mandated by Regulation 3(2) of the IG Rules, Fortis Clinique Darné hereby informs Users that they are not permitted to upload, or share any information that:

  • belongs to another person and to which the User does not have any right to;
  • 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;
  • infringes any patent, trademark, copyright or other proprietary rights;
  • violates any law for the time being in force;
  • deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
  • 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;
  • threatens the unity, integrity, defence, security or sovereignty of Mauritius, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.


Users are also prohibited from:

  • violating or attempting to violate the integrity or security of the Website or any Fortis Clinique Darné Content;
  • transmitting any information (including job posts, messages and hyperlinks) on or through the Website that is disruptive or competitive or prejudicial to the provision of Services by Fortis Clinique Darné;
  • intentionally submitting any incomplete, false or inaccurate information;
  • making any unsolicited communications to other Users;
  • 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;
  • attempting to decipher, decompile, disassemble or reverse engineer any part of the Website;
  • copying or duplicating in any manner any of the Fortis Clinique Darné Content or other information available from the Website;
  • framing or hot linking or deep linking any Fortis Clinique Darné Content.

Fortis Clinique Darné 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.

 

Intellectual property rights

The contents of the Website are protected by intellectual property laws of Mauritius including and without limitation to trademark and copyright laws. Reproduction, retransmission, public and/or commercial use of any or all the material on the Website are prohibited. The logos, service marks and trademarks ("IP Marks") displayed on the Website are the property of Fortis Clinique Darné or its Partners or have been licensed to Fortis Clinique Darné or its Partners by the relevant owners for use. The User may use this material only as expressly authorized by Fortis Clinique Darné or its Partners and shall not copy, transmit or create derivative works of such material without express authorization from Fortis Clinique Darné or its Partners.

The User acknowledges and agrees that they shall not upload, reproduce or distribute any content on or through the Website that is protected by copyright or other proprietary right of a third party, without obtaining the permission of the owner of such right. Any copyrighted or other proprietary content distributed on or through the Website with the consent of the owner must contain the appropriate copyright or other proprietary rights notice. The unauthorized submission or distribution of copyrighted or other proprietary content is illegal and could subject the User to personal liability or criminal prosecution. Nothing on the Website should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any trademarks without written permission from Fortis Clinique Darné.

 

 

Disclaimer and warranties

All information available on the Website, (the “Information”) is provided on the condition that the User will make independent determination in respect of its accuracy, completeness or usefulness suitability prior to use or making any decision for any loss or damage in reliance hereof. Fortis Clinique Darné and its Partners will not be responsible for the same.

The Information does not constitute an invitation or recommendation to take medical services from Fortis Clinique Darné or its Partners nor is such Information a substitute for professional advice or solicitation in respect of medical services / products or recommendation thereof. Fortis Clinique Darné urges the Users to seek the advice of professionals, as appropriate, regarding the evaluation of any specific opinion, advice, product, service, or other Information.

All information on the Website is provided to you "as is" without warranty of any kind either express or implied including, but not limited to implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy. In no event shall Fortis Clinique Darné or its Partners be liable for any special, direct, indirect or consequential damages or any damages whatsoever resulting from loss, whether in an action of contract, negligence or other tortuous action, arising out of or in connection with the use or performance of information. All information available on a hyper-link site and any third party is subject to the terms and conditions of the legal notices contained therein.

 

Limitation of liability

The information available on the Website could include inaccuracies or typographic errors. Fortis Clinique Darné has endeavored to ensure that all the information on the Website is correct, but Fortis Clinique Darné neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data or information contained. Fortis Clinique Darné makes no warranty, express or implied, concerning the website and/or its contents and disclaims all warranties of fitness for a particular purpose and warranties of merchantability in respect of Services, including any liability, responsibility or any other claim, whatsoever, in respect of any loss, whether direct or consequential, to any user or any other person, arising out of or from the use of the information contained in the website.

In no event shall Fortis Clinique Darné or its Partners be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from: (a) the use or the inability to use the Services; (b) any other matter relating to the services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the website. Neither shall the Company be responsible for the delay or inability to use the Website, Services or any related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Website, or otherwise arising out of the use of the Website, whether based on contract, tort, negligence, strict liability or otherwise. Further, Fortis Clinique Darné shall not be held responsible for non-availability or access to the Website during periodic maintenance operations or any unplanned suspension of access to the Website that may occur due to technical reasons or for any reason beyond Fortis Clinique Darné control. The user understands and agrees that any material and/or data downloaded or otherwise obtained through the website is done entirely at his/her own discretion and risk and the User himself/herself will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data. These limitations, disclaimer of warranties and exclusions apply without regard to whether the damages arise from (a) breach of contract, (b) breach of warranty, (c) negligence, or (d) any other cause of action, to the extent such exclusion and limitations are not prohibited by applicable law.

 

Indemnity

User agrees to indemnify and hold harmless Fortis Clinique Darné, its affiliates, officers, directors, employees, consultants, licensors, agents, representatives and Partners from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from User’s access to or use of Service, violation of this Agreement, or infringement, of any intellectual property or other right of any person or entity. Fortis Clinique Darné will notify you promptly of any such claim, loss, liability, or demand, and in addition to your foregoing obligations, you agree to provide us with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

 

 

Applicable law and dispute settlement

You agree that this Agreement and any contractual obligation between the Company and User will be governed by the laws of Mauritius.

Subject to the Paragraph above, the courts of Mauritius shall have exclusive jurisdiction over any disputes arising out of or in relation to this Agreement, your use of the Website or the Services or the information to which it provides access.

 

 

Contact information grievance officer

If a User has any questions concerning the Company, the Website, this Agreement, the Services, or anything related to any of the foregoing, please write to us at clinique@cliniquedarne.com.

In accordance with the Information Technology Act, 2000, and the rules made there under, if you have any grievance with respect to the Website or the Service, including any discrepancies and grievances with respect to processing of information, you can contact us at:


 

Patient Welfare Department

Patient Welfare Officer,
Fortis Clinique Darné,
Georges Guibert Street,
Floréal 74111,
Mauritius

Email: pwd@cliniquedarne.com

In the event you 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 your grievance to the above person.


 

Severability

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.

 

 

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 Fortis Clinique Darné. Any consent by Fortis Clinique Darné to, or a waiver by Fortis Clinique Darné 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.




 

 

 

 

 

To provide professional health services in a caring and friendly environment