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Terms And Conditions

1. NATURE AND APPLICABILITY OF TERMS

Please carefully go through these terms and conditions (“Terms”) and the privacy policy available at before you decide to access the Website or avail the services made available on the Website. These Terms and the Privacy Policy together constitute a legal agreement (“Agreement”) 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 medical practitioner or health care provider (whether an individual professional or an organization) or similar institution wishing to be listed, or already listed, on the Website, including designated, authorized associates of such practitioners or institutions (“Practitioner(s)”, “you” or “User”); As practitioner of Matrix Rhythm Therapy according to Matrix Concept by Dr Ulrich G Randoll, Munich Germany or
A patient, his/her representatives or affiliates, searching for Practitioners through the Website
Otherwise a user of the Website (“you” or “User”).

This Agreement applies to those services made available on the Website, which are offered to the Users (“Services”), including the following: i. For Practitioners: Listing of Practitioners and their profiles and contact details, to be made available to the other Users and visitors to the Website; ii. For other Users: Facility to (i) create and maintain ‘Health Accounts’, (ii) search for Practitioners by name, specialty, and geographical area, or any other criteria that may be developed and made available by Matrix Health Partner or International Medical Technologies (IMT), and (iii) to make appointments with Practitioners. The Services may change from time to time, at the sole discretion of Matrix Health Partner or IMT, 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 and describes the manner in which we shall treat your account while you are registered as a member with us. If you have any questions about any part of the Agreement, feel free to contact us by downloading or accessing the Website to use the Services, you irrevocably accept all the conditions stipulated in this Agreement, the Subscription Terms of Service and Privacy Policy, as available on the Website, and agree to abide by them. 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. By availing any Service, you signify your acceptance of the terms of this Agreement. 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 Matrix Health Partner.

The Agreement is published in compliance of, and is governed by the provisions of Indian 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”).

2. CONDITIONS OF USE

You must be 18 years of age or older to register, 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 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.

Practitioners of Matrix Rhythm Therapy are eligible to be part of Matrix Health Partner and list or upload their profile on www.matrixhealthpartner.in website if they fulfil criteria’s mentioned below

You are a Matrix Rhythm Therapy practitioner in India
You have completed basic training of Matrix Rhythm Therapy from a certified instructor.
You have completed specialised training for Matrix Health Partner and certified to be Matrix Health Partner according to a certified instructor.
You agree to participate in workshops to improve your skills and update your knowledge time to time for the benefit of end user.
You agree to practice Matrix Rhythm Therapy according to Matrix Concept by Dr Ulrich Randoll.

3. TERMS OF USE APPLICABLE TO ALL USERS OTHER THAN PRACTITIONERS

The terms in this Clause are applicable only to Users other than Practitioners.

3.1 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. Matrix Health Partner 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 services and to build new services. The Website allows Matrix Health Partner 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. Matrix Health Partner or IMT shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the User or to any other person acting on behalf of Matrix Health Partner.

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 of any actual or suspected unauthorized use of the User’s account or password. Although Matrix Health Partner will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Matrix Health Partner or such other parties as the case may be, due to any unauthorized use of your account.

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

Matrix Health Partner or IMT may use such information collected from the Users from time to time for the purposes of debugging customer support related issues.

3.2 RELEVANCE ALGORITHM

Matrix Health Partner’s relevance algorithm for the Practitioners is a fully automated system that lists the Practitioners, their profile and information regarding their Practice on its Website. These listings of Practitioners do not represent any fixed objective ranking or endorsement by Matrix Health Partner. Matrix Health Partner will not be liable for any change in the relevance of the Practitioners on search results, which may take place from time to time. The listing of Practitioners will be based on automated computation of the various factors including inputs made by the Users including their comments and feedback. Such factors may change from time to time, in order to improve the listing algorithm. Matrix Health Partner in no event will be held responsible for the accuracy and the relevancy of the listing order of the Practitioners on the Website.

3.3 LISTING CONTENT AND DISSEMINATING INFORMATION

Matrix Health Partner or IMT 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 specialization, qualification, fees, location, visiting hours, and similar details. Matrix Health Partner or IMT takes reasonable efforts to ensure that such information is updated at frequent intervals. Although Matrix Health Partner or IMT screens and vets the information and photos submitted by the Practitioners, it cannot be held liable for any inaccuracies or incompleteness represented from it, despite such reasonable efforts.

The Services provided by Matrix Health Partner or any of its licensors or service providers 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). Matrix Health Partner does not provide or make any representation, warranty or guarantee, express or implied about the Website or the Services. Matrix Health Partner 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, Matrix Health Partner 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 Matrix Health Partner 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. Matrix Health Partner 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 Matrix Health Partner endorses the linked site. User may use the links and these services at User’s own risk.

Matrix Health Partner 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.

If Matrix Health Partner determines that you have provided fraudulent, inaccurate, or incomplete information, including through feedback, Matrix Health Partner reserves the right to immediately suspend your access to the Website or any of your accounts with Matrix Health Partner and makes such declaration on the website alongside your name/your clinic’s name as determined by Matrix Health Partner for the protection of its business and in the interests of Users. You shall be liable to indemnify Matrix Health Partner for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected Matrix Health Partner or its Users

3.4 BOOK APPOINTMENT AND CALL FACILITY

Matrix Health Partner enables Users to connect with Practitioners through two methods: a) Book facility that allows Users book an appointment through the Website; b) Value added telephonic services which connect Users directly to the Practitioner’s number provided on the Website.

3.4.1 Matrix Health Partner do not ensure Users are provided confirmed appointment on the Book facility and Matrix Health Partner has no liability if such an appointment is later cancelled by the Practitioner, or the same Practitioner is not available for appointment. 3.4.2 If a User has utilized the telephonic services, Matrix Health Partner reserves the right to share the information provided by the User with the Practitioner and store such information and/or conversation of the User with the Practitioner, in accordance with our Privacy Policy.

3.4.3 The results of any search Users perform on the Website for Practitioners should not be construed as an endorsement by Matrix Health Partner of any such particular Practitioner. If the User decides to engage with a Practitioner to seek medical services, the User shall be doing so at his/her own risk.

3.4.4 Without prejudice to the generality of the above, Matrix Health Partner 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 Matrix Health Partner will not be liable for:

User interactions and associated issues User has with the Practitioner;
the ability or intent of the Practitioner(s) or the lack of it, in fulfilling their obligations towards Users;
any wrong medication or quality of treatment being given by the Practitioner(s), or any medical negligence on part of the Practitioner(s);
inappropriate treatment, or similar difficulties or any type of inconvenience suffered by the User due to a failure on the part of the Practitioner to provide agreed Services;
any misconduct or inappropriate behaviour by the Practitioner or the Practitioner’s staff;
cancellation or no show by the Practitioner or rescheduling of booked appointment or any variation in the fees charged.

3.4.5 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, Matrix Health Partner 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. 3.4.6 Cancellation and Refund Policy

i In the event that, the Practitioner with whom User has booked a paid appointment via the Website Matrix Health Partner does not take responsibility, liability or do not have any control on therapy charges, therapy duration and subsequent results or outcomes.

3.5 NO PRACTITONER-PATIENT RELATIONSHIP; NOT FOR EMERGENCY USE

3.5.1 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 (including information provided in direct response to your questions or postings) may be provided by individuals in the medical profession. The provision of such Information does not create a licensed medical professional/patient relationship, between Matrix Health Partner 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.

3.5.2 It is hereby expressly clarified that, the Information that you obtain or receive from Matrix Health Partner, 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 professional qualifications, quality of work, expertise or other information provided on the Website. In no event shall we be liable to you or anyone else for any decision made or action taken by you in reliance on such information.

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

3.6 CONSULTATION AND OPINION BY PRACTITIONER ON MATRIX HEALTH PARTNER WEBSITE

www.matrixhealthpartner.in provides end Users & Practitioners to communicate, consult and take opinion about a particular health condition. Matrix Health Partner does not take liability of advices, diagnosis, suggestions, and prescriptions given by any Medical Practitioners. Matrix Health Partner is not responsible for any drug, medicines or therapy prescribed by any Medical Practitioners.

3.6.1 Terms for Users:

The end Users expressly understand, acknowledge and agree to the following set forth herein below:
i. In the event the end Users intend to consult a specific Practitioner of choice, the same is facilitated through search options as made available on Matrix Health Partner’s Website. In cases where end Users cannot choose a Practitioner (due to system setup), the system uses an algorithm/software-program to find the most available and accepting Practitioner.
ii. In case any prescription is being provided to end User by any Medical Practitioner however Matrix Health Partner may take a decision about application of therapy upon examination in person, hence in no event shall the prescription provided by other Medical Practitioners be relied as a final and conclusive solution.
iii. If end User decides to consult or procure therapy services www.matrixhealthpartner.in do not ask for any fees or consultation charges or therapy charges or do not ask any bank related information like OTP, PIN or any such information or is responsible for any exchange of money for services on www.matrixhealthpartner.in
iv. The Users of this website www.matrixhealthpartner.in agrees and understands that any claim, dispute or difference arising shall be subject to the jurisdiction of Indian laws provision as contained in the Terms and Conditions.
v. Any User of the website will not hold Matrix Health Partner or IMT 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 any User, by breach of the Terms or violation of any law, rules or regulations by any User, or due to such other actions, omissions or commissions of the any User that gave rise to the claim.

3.6.2 Terms for Practitioners:

i. 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 and advices of any kind given online without personal consultation.
ii. www.matrixhealthpartner.in do not provide the payment gateway option or ask for any kind of money from its end users and any Practitioner is not allowed to ask any payment in any form in exchange of any online consultation.
iii. It is further understood by the Practitioner that the information that is disclosed by the User at the time of consultation is personal information and is subject to all applicable privacy laws, shall be confidential in nature and subject to User and Practitioner privilege.
iv. In case of delay, the doctor must notify User to their best possible ability.
v. Any User of the website will not hold Matrix Health Partner or IMT 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 any User, by breach of the Terms or violation of any law, rules or regulations by any User, or due to such other actions, omissions or commissions of the any User that gave rise to the claim.

3.7 MATRIX HEALTH PARTNER INFORMATION

These terms & conditions governing Matrix Health Partner are applicable to Users being both end-users and Practitioner.
3.7.1 www.matrixhealthpartner.in is an online content platform available on the Website, wherein Practitioners who have created a Matrix Health Partner profile can login and post health and wellness related content.
3.7.2 Practitioners can use Matrix Health Partner by logging in from their account ID, creating original content comprising text, audio, video, images, data or any combination of the same (“Content”), and uploading said Content to their Profile page. www.matrixhealthpartner.in or IMT is not responsible for any ownership of the intellectual property of the images or consent required from any person in regards making it available publicly online on website www.matrixhealthpartner.in
3.7.3 Practitioners acknowledge that they are the original authors and creators of any Content uploaded by them on www.matrixhealthpartner.in and that no Content uploaded by them would constitute infringement of the intellectual property rights of any other person. Matrix Health Partner reserves the right to remove any Content which it may determine at its own discretion as violating the intellectual property rights of any other person, including but not limited to patent, trademark, copyright or other proprietary rights. Practitioner agrees to absolve Matrix Health Partner from and indemnify Matrix Health Partner against all claims that may arise as a result of any third party intellectual property right claim that may arise from the Practitioner’s uploading of any Content on the www.matrixhealthpartner.in. The Practitioner also agrees to absolve Matrix Health Partner from and indemnify www.matrixhealthpartner.in or its affiliates or subsidiaries or employees, owners or Directors against all claims that may arise as a result of any third party intellectual property claim if the Practitioner downloads, copies or otherwise utilizes an image for his/her personal or commercial gain without consent from the respective owner of the property.
3.7.4 Practitioner hereby assigns to www.matrixhealthpartner.in, in perpetuity and worldwide, all intellectual property rights in any Content created by the User and uploaded by the User via www.matrixhealthpartner.in on their profile.
3.7.5 www.matrixhealthpartner.in shall have the right to edit or remove the Content and any comments in such manner as it may deem www.matrixhealthpartner.in at any time.
3.7.6 Practitioner shall ensure that the Content or any further responses to the Content
(including responses to Users) is not harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic or libelous in any manner. Further, Practitioner should ensure that the Content is not invasive of any other person’s privacy, or otherwise contains any elements that is hateful, racially or ethnically objectionable, disparaging, or otherwise unlawful in any manner whatever. www.matrixhealthpartner.inreserves the right to remove any Content which it may determine at its own discretion is violation of these Terms and Conditions or any law or statute in force at the time. Also, the Practitioner agrees to absolve www.matrixhealthpartner.in from and indemnify www.matrixhealthpartner.in against all claims that may arise as a result of any legal claim arising from the nature of the Content posted by the Practitioner on www.matrixhealthpartner.in
3.7.7 Practitioner shall ensure that no portion of the Content is violative of any law for the time being in force.
3.7.8 Practitioner shall ensure that the Content is not threatening the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order. Further the Practitioner shall ensure that the Content will not cause incitement to the commission of any cognisable offence or prevent investigation of any offence or is insulting to any other nation.
3.7.9 End User may also use www.matrixhealthpartner.in in order to view original content created by Practitioners and to create and upload comments on such Content as their feedback.
3.7.10 End User acknowledges that the User Comment reflects the views and opinions of the authors of such Content and do not necessarily reflect the views of www.matrixhealthpartner.in
3.7.11 End User agrees that the Content they access on www.matrixhealthpartner.in does not in any way constitute medical advice and that the responsibility for any act or omission by the User arising from the User’s interpretation of the Content, is solely attributable to the User. The User agrees to absolve www.matrixhealthpartner.in from and indemnify Matrix Health Partner against all claims that may arise as a result of the User’s actions resulting from the User’s viewing of Content on www.matrixhealthpartner.in
3.7.12 User acknowledges that all intellectual property rights in the User Comment on www.matrixhealthpartner.in vests with www.matrixhealthpartner.in. The User agrees not to infringe upon www.matrixhealthpartner.in intellectual property by copying or plagiarizing content on www.matrixhealthpartner.in. Matrix Health Partner reserves its right to initiate all necessary legal remedies available to them in case of such an infringement by the User. Also, User Comment will be the sole intellectual property of www.matrixhealthpartner.in The User agrees not to post User Comment that would violate the intellectual property of any third party, including but not limited to patent, trademark, copyright or other proprietary rights. Matrix Health Partner reserves the right to remove any User Comment which it may determine at its own discretion as violating the intellectual property rights of any third party. The User agrees to absolve Matrix Health Partner from and indemnify Matrix Health Partner against all claims that may arise as a result of any third party intellectual property right claim that may arise from the User Comment.
3.7.13 Any User of this website shall ensure that the User Comment is not harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic or libelous in any manner. Further, User should ensure that the User Comment is not invasive of any other person’s privacy, or otherwise contains any elements that is hateful, racially or ethnically objectionable, disparaging, or otherwise unlawful in any manner whatever. Matrix Health Partner reserves the right to remove any Content which it may determine at its own discretion is violative of these Terms and Conditions or any law or statute in force at the time Also, the User agrees to absolve www.matrixhealthpartner.in from and indemnify Matrix Health Partner against all claims that may arise as a result of any legal claim arising from the nature of the User Comment.
3.7.14 User shall ensure that the User Comment is not threatening the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order. Further the Practitioner shall ensure that the User Comment will not cause incitement to the commission of any cognisable offence or prevent investigation of any offence or is insulting to any other nation.

3.8 CONTENT OWNERSHIP AND COPYRIGHT CONDITIONS OF ACCESS

3.8.1 The contents listed on the Website are (i) User generated content, or (ii) belong to
www.matrixhealthpartner.in. The information that is collected by Matrix Health Partner directly or indirectly from the End- Users and the Practitioners shall belong to www.matrixhealthpartner.in. Copying of the copyrighted content published by Matrix Health Partner on the Website for any commercial purpose or for the purpose of earning profit will be a violation of copyright and Matrix Health Partner reserves its rights under applicable law accordingly.
3.8.2 Matrix Health Partner authorizes the User to view and access the content available on or from the Website solely for ordering, receiving, delivering 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, "Matrix Health Partner Content"), are the property of Matrix Health Partner and are protected under copyright, trademark and other laws. User shall not modify the Matrix Health Partner Content or reproduce, display, publicly perform, distribute, or otherwise use the Matrix Health Partner Content in any way for any public or commercial purpose or for personal gain.
3.8.3 User shall not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.

3.9 REVIEWS AND FEEDBACK

By using this Website, you agree that any information shared by you with www.matrixhealthpartner.in 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 Practitioners or other healthcare professionals. The role of Matrix Health Partner in publishing Critical Content is restricted to that of an ‘intermediary’ under the Information Technology Act, 2000. Matrix Health Partner disclaims all responsibility with respect to the content of Critical Content, and its role with respect to such content is restricted to its obligations as an ‘intermediary’ under the said Act. Matrix Health Partner shall not be liable to pay any consideration to any User for republishing any content across any of its platforms.
Your publication of reviews and feedback on the Website is according to acceptance of the terms and conditions. You hereby agree not to post or publish 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. Matrix Health Partner at its sole discretion, may choose not to publish your reviews and feedback, if so required by applicable law, and in accordance with these Terms. You agree that Matrix Health Partner may contact you through telephone, email, SMS, or any other electronic means of communication for the purpose of:
i. Obtaining feedback in relation to Website or services; and/or
ii. Obtaining feedback in relation to any Practitioners listed on the Website; and/or
iii. Resolving any complaints, information, or queries by Practitioners regarding your Critical Content; and you agree to provide your fullest co-operation further to such communication by Matrix Health Partner. Feedback Collection and Fraud Detection Policy, is annexed as the Schedule hereto, and remains subject always to these Terms.

3.10 SHARING OF DOCUMENTS AND INFORMATIONS

3.10.a Information in any form of document is shared by Practitioners only created after Practitioners have signed up and explicitly accepted these Terms. 3.10.b Any end user or Practitioners created document or information is provided on an as-is basis at the sole intent, risk and responsibility of the Practitioner and Matrix Health Partner does not validate the said information and makes no representation in connection therewith. You should contact the relevant Practitioner in case you wish to point out any discrepancies or add, delete, or modify the content in any manner.
3.10.c Matrix Health Partner uses industry–level security and encryption to your information. However, www.matrixhealthpartner.in does not guarantee to prevent unauthorized access if you lose your login credentials or they are otherwise compromised. In the event you are aware of any unauthorized use or access, you shall immediately inform Matrix Health Partner of such unauthorized use or access. Please safeguard your login credentials and report any actual suspected breach of account to info@matrixhealthpartner.in
3.10.d If you provide access to the website and information to your dependents’ by providing your login credentials, you are deemed to be responsible for the information uploaded or share by your dependents and all obligations that you belong to are applicable to your dependents. You agree that it shall be your sole responsibility to obtain prior consent if any require from your client or any person the information related to is your sole responsibility. Matrix Health Partner assumes no responsibility for any claim, dispute or liability arising in this regard, and you shall indemnify Matrix Health Partner and its officers against any such claim or liability arising out of unauthorized use of such information.
3.10.e In case you want to delete your information, you can do so by contacting our service support team. However only your account and any associated information will be deleted.
3.10.f You may lose your “User created” record, if the data is not synced with the server.
3.10.h If the information is unassessed for a stipulated time, you may not be able to access your Profile and information due to security reasons.
3.10.i Matrix Health Partner has the ability in its sole discretion to retract information or content without any prior notice if they are found to be shared incorrectly or inadvertently.
3.10.j Matrix Health Partner will follow the law of land in case of any constitutional court or jurisdiction mandates to share the information for any reason.

3.11 MATRIX HEALTH PARTNER Q&A

i. Every Matrix Health Partner Practitioners on this Platform must be qualified in the area of expertise that he represents as being his qualification.
ii. The Q&A Platform is a platform for exchange of information which is of general nature in a question and answer format. The Q&A Platform is not for emergency situations.
iii. Any Q&A interaction cannot be construed as a medical consultation with the Practitioner, in any manner whatsoever.
iv. Matrix Health Partner Users may post questions on medical issues (“Querist”), and these queries can be answered by multiple Practitioners on the Q&A Platform. It is expressly clarified that no Practitioner-patient relationship is established between the Querist and Practitioner, in any manner whatsoever, by indulging in this Q&A.
v. The Practitioner may provide probable views, recommendations, suggestions and solutions to the question posted by a Querist. However, it is expressly clarified that any such view, recommendation, suggestion and solution shall not be construed as medical advice. The person in question (being Querist or not) is advised to consult with a doctor in this regard.
vi. Practitioner shall not share their personal, religious and/or moral views with the Querist while issuing their response.
vii. The Practitioner cannot issue and/or prescribe any medicines, investigations, therapies on the Q&A platform. It is a platform for only exchange of information and not a consultation/ medical advice.
viii. The Practitioner is absolutely and expressly prohibited to:
a. Provide a medical diagnosis;
b. Issue a prescription;
c. Post any response which comprises of any derogatory language, objectionable,pornographic and /or offensive content;
d. Advertise any brand of drugs, supplements, vaccines and medications, in any manner of whatsoever;
e. Promote content and activities which are illegal in nature;
ix. In the event of any breach of these Q&A T&C, Matrix Health Partner will take appropriate action inter alia ranging from issuing warnings to removal of Practitioner from the website Platform, in its sole and absolute discretion, on a case to case basis.
x. Any liability arising out of the response issued by a Practitioner will be borne solely by the Practitioner. Q&A Platform is only a platform interface provided by Matrix Health Partner for sharing and exchanging information purposes.
xi. The Q&A Platform shall be audited on a regular basis by Matrix Health Partner for ascertaining compliance by the Practitioner.
xii. All general Matrix Health Partner Terms and Conditions shall govern the Q&A T&C to the extent applicable. Decision of Matrix Health Partner is final and binding on the issues arising under the Q&A T&C and www.matrixhealthpartner.in Terms and Conditions.

3.12 TERMS FOR USER/QUERIST

i. The personally identifiable information of the Querist shall be anonymized by Matrix Health Partner prior to posting the question on the Q&A Platform;
ii. Q&A Platform is a public forum for exchange of information, hence, any question posted by a Querist is visible publicly. It is advisable for a User to ensure that no confidential information is published by them on the Q&A Platform.
iii. User shall not use the Q&A Platform for emergency situations.
iv. The User is prohibited to post any query/issue on the Q&A Platform, which comprises of any derogatory language, objectionable, pornographic and /or offensive content;
v. Any response provided by the Practitioner shall not be construed as medical advice on the Q&A Platform. Q&A Platform is a platform for exchange of information which is of general nature in a question and answer format. This cannot be construed as a medical consultation with the Practitioner, in any manner whatsoever.
vi. It is expressly clarified that no Practitioner-patient relationship is established between the user and Practitioner, in any manner whatsoever, by indulging in this Q&A. The Practitioner may provide probable views, recommendations, suggestions and solutions to the question posted. However, it is expressly clarified that any such view, recommendation, suggestion and solution shall not be construed as medical advice. The person in question (being Querist or not) is advised to consult with a doctor in this regard.
vii. All general Matrix Health Partner Terms and Conditions shall govern the Q&A T&C to the extent applicable. Decision of Matrix Health Partner is final and binding on the issues arising under the Q&A T&C and www.matrixhealthpartner.in Terms and Conditions.

4. TERMS OF USE FOR PRACTITIONERS

The terms in this Clause are applicable only to Practitioners.

4.1 LISTING POLICY

4.1.1 Matrix Health Partner directly and indirectly, collects information regarding the Practitioners’ profiles, contact details, and practice. Matrix Health Partner reserves the right to take down any Practitioner’s profile as well as the right to display the profile of the Practitioners, with or without notice to the concerned Practitioner. This information is collected for the purpose of facilitating interaction with the End-Users and other Users. If any information displayed on the Website in connection with you and your profile is found to be incorrect, you are required to inform Matrix Health Partner immediately to enable Matrix Health Partner to make the necessary amendments.
4.1.2 Matrix Health Partner shall not be liable and responsible for the ranking of the Practitioners on external websites and search engines
4.1.3 Matrix Health Partner shall not be responsible or liable in any manner to the Users for any losses, damage, injuries or expenses incurred by the Users as a result of any disclosures or publications made by www.matrixhealthpartner.in , where the User has expressly or implicitly consented to the making of disclosures or publications by www.matrixhealthpartner.in. If the User had revoked such consent under the terms of the Privacy Policy, then Matrix Health Partner shall not be responsible or liable in any manner to the User for any losses, damage, injuries or expenses incurred by the User as a result of any disclosures made by Matrix Health Partner prior to its actual receipt of such revocation.
4.1.4 Matrix Health Partner reserves the right to moderate the suggestions made by the Practitioners through feedback and the right to remove any abusive or inappropriate or promotional content added on the Website. However, Matrix Health Partner shall not be liable if any inactive, inaccurate, fraudulent, or non-existent profiles of Practitioners are added to the Website.
4.1.5 Practitioners explicitly agree that Matrix Health Partner reserves the right to publish the Content provided by Practitioners to a third party.
4.1.6 Matrix health partner through this website providing you an opportunity to connect with end users and people in need of the society. You as a Practitioner hereby represent and warrant that you will use the Services in accordance with applicable law. Any contravention of applicable law as a result of your use of these services is your sole responsibility, and Matrix Health Partner accepts no liability for the same.

4.2 PROFILE OWNERSHIP AND EDITING RIGHTS

Matrix Health Partner ensures easy access to the Practitioners by providing login details to update your profile information. Matrix Health Partner reserves the right of ownership of all the Practitioner’s profile and photographs and to moderate the changes or updates requested by Practitioners. However, Matrix Health Partner takes the independent decision whether to publish or reject the requests submitted for the respective changes or updates. You hereby represent and warrant that you are fully entitled under law to upload all content uploaded by you as part of your profile or otherwise while using www.matrixhealthpartner.in services, and that no such content breaches any third party rights, including intellectual property rights. Upon becoming aware of a breach of the foregoing representation, Matrix Health Partner may modify or delete parts of your profile information at its sole discretion with or without notice to you.

4.3 REVIEWS AND FEEDBACK DISPLAY

4.3.1 All Critical Content is content created by the Users of www.matrixhealthpartner.in (“Website”) and the clients of Matrix Health Partner customers and Practitioners, including the End-Users. As a platform, Matrix Health Partner or IMT does not take responsibility for Critical Content and its role with respect to Critical Content is restricted to that of an ‘intermediary’ under the Information Technology Act, 2000.
4.3.2 Matrix Health Partner reserves the right to collect feedback and Critical Content for all the Practitioners, Clinics and service Providers listed on the Website.
4.3.3 Matrix Health Partner shall have no obligation to pre-screen, review, flag, filter, modify, refuse or remove any or all Critical Content from any Service, except as required by applicable law.
4.3.4 You understand that by using the Services you may be exposed to Critical Content or other content that you may find offensive or objectionable. Matrix Health Partner shall not be liable for any effect on Practitioner’s business due to Critical Content of a negative nature. In these respects, you may use the Service at your own risk. Matrix Health Partner however, as an ‘intermediary, takes steps as required to comply with applicable law as regards the publication of Critical Content.
4.3.5 Matrix Health Partner will take down information under standards consistent with applicable law, and shall in no circumstances be liable or responsible for Critical Content, which has been created by the Users. The principles set out in relation to third party content in the terms of Service for the Website shall be applicable mutatis mutandis in relation to Critical Content posted on the Website.
4.3.6 If Matrix Health Partner determines that you have provided inaccurate information or enabled fraudulent feedback, Matrix Health Partner reserves the right to immediately suspend any of your accounts with Matrix Health Partner and makes such declaration on the website alongside your name/your clinics name as determined by Matrix Health Partner for the protection of its business and in the interests of Users.

4.4 RELEVANCE ALGORITHM

Matrix Health Partner has designed the relevance algorithm in the best interest of the End-User and may adjust the relevance algorithm from time to time to improve the quality of the results given to the patients. It is a pure merit driven, proprietary algorithm which cannot be altered for specific Practitioners. Matrix Health Partner shall not be liable for any effect on the Practitioner’s business interests due to the change in the Relevance Algorithm.

4.5 INDEPENDENT SERVICES

Your use of each Service confers upon you only the rights and obligations relating to such Service, and not to any other service that may be provided by Matrix Health Partner or IMT or its subsidiaries or partners.

4.6 MATRIX HEALTH PARTNER REACH RIGHTS

Matrix Health Partner reserves the rights to display sponsored ads on the Website. These ads would be marked as “Sponsored ads”. Without prejudice to the status of other content, Matrix Health Partner will not be liable for the accuracy of information or the claims made in the Sponsored ads. Matrix Health Partner does not encourage the Users to visit the Sponsored ads page or to avail any services from them. Matrix Health Partner will not be liable for the services of the providers of the Sponsored ads. You represent and warrant that you will use these Services in accordance with applicable law. Any contravention of applicable law as a result of your use of these Services is your sole responsibility, and Matrix Health Partner accepts no liability for the same.

4.7 BOOK APPOINTMENT AND CALL BY END USERS

4.7.1 As a valuable partner on our platform we want to ensure that the Practitioners experience on the Matrix Health Partner is beneficial to both, Practitioners and their Users. 4.7.2 Practitioner understands that, Matrix Health Partner 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 Practitioner. The option of publishing or modifying or moderating or masking (where required by law or norm etc.) the feedback provided by Users shall be solely at the discretion of www.matrixhealthpartner.in

4.8 PRACTITIONER UNDERTAKING

The Practitioner is qualified, skilled and updated with knowledge about Matrix Concept according to Dr Randoll and Matrix Rhythm Therapy. Practitioners must have licence to 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 territory of India. 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/ services being rendered.

5. RIGHTS AND OBLIGATIONS RELATING TO CONTENT

5.1 As mandated by Regulation of the IG Rules, Matrix Health Partner hereby informs Users that they are not permitted to host, display, upload, modify, publish, transmit, update or share any information that:
i. belongs to another person and to which the User does not have any right to;
ii. 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;
iii. harm minors in any way;
iv. infringes any patent, trademark, copyright or other proprietary rights;
v. violates any law for the time being in force;
vi. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
vii. impersonate another person;
viii. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
ix. 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.
5.2 Users are also prohibited from:
i. violating or attempting to violate the integrity or security of the Website or any Matrix Health Partner Content;
ii. 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 Matrix Health Partner
iii. intentionally submitting on the Website any incomplete, false or inaccurate information;
iv. making any unsolicited communications to other Users;
v. 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;
vi. attempting to decipher, decompile, disassemble or reverse engineer any part of the Website;
vii. copying or duplicating in any manner any of the Matrix Health Partner Content or other information available from the Website;
viii. framing or hot linking or deep linking any Matrix Health Partner Content.
ix. circumventing or disabling any digital rights management, usage rules, or other security features of the Software.
5.3 Matrix Health Partner or IMT, 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 of Clauses as mentioned in these terms and conditions. Matrix Health Partner 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.
5.4 In case of non-compliance with any applicable laws, rules or regulations, or the Agreement (including the Privacy Policy) by a User, Matrix Health Partner 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.
5.5 Matrix Health Partner 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. The SPI Rules only permit Matrix Health Partner to transfer sensitive personal data or information including
any information, to any other body corporate or a person in India, or located in any other country, that ensures the same level of data protection that is adhered to by Matrix Health Partner as provided for under the SPI Rules, only if such transfer is necessary for the performance of the lawful contract between Matrix Health Partner or any person on its behalf and the User or where the User has consented to data transfer.
Matrix Health Partner respects the intellectual property rights of others and we do not hold any responsibility for any violations of any intellectual property rights

6. TERMINATION

6.1 Matrix Health Partner or IMT 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,
i. Such User breaches any terms and conditions of the Agreement; ii. If a Matrix Rhythm Therapy practitioner fails to renew his certification after two years.
iii. A third party reports violation of any of its right as a result of your use of the Services;
iv. Matrix Health Partner is unable to verify or authenticate any information provide to Matrix Health Partner by a User;
v. Matrix Health Partner has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User; or
vi. Matrix Health Partner believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for Matrix Health Partner or are contrary to the interests of the Website.
6.2 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.

7. LIMITATION OF LIABILITY

In no event, including but not limited to negligence, shall IMT or Matrix Health Partner, 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 there to, 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:
i. provision of or failure to provide all or any service by Practitioners to End- Users contacted or managed through the Website;
ii. any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Website;
iii. any unauthorized access to or alteration of your transmissions or data; or
iv. 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).

8. RETENTION AND REMOVAL

Matrix Health Partner 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.

9. APPLICABLE LAW AND DISPUTE SETTLEMENT

9.1 You agree that this Agreement and any contractual obligation between Matrix Health Partner and Practitioners or User will be governed by the laws of India.
9.2 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 your 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 Matrix Health Partner or IMT. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be Mumbai. 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.
9.3 Subject to the above Clause 9.2, the courts at Mumbai 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 gives access.

10. CONTACT INFORMATION GRIEVANCE OFFICER

10.1 If a User has any questions concerning Matrix Health Partner, the Website, this Agreement, the Services, or anything related to any of the foregoing, Matrix Health Partner customer support can be reached at the following email address: info@matrixhealthpartner.in or via the contact information available from the following hyperlink: www.matrixhealthpartner.in/contact
10.2 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 our Grievance Officer at: Name: Mr. Anil Deshpande
International Medical Technologies
101 C Maruti Darshan CHS
L T Road. Mulund East
Mumbai 400081
Phone: +91 22 25633569
Email: info@matrixhealthpartner.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.

11. 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.

12. 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 Matrix Health Partner or IMT. Any consent by Matrix Health Partner to, or a waiver by Matrix Health Partner 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.