Oroglee Solutions Private Limited, under the brand "Oroglee" (“Oroglee”)
,
is
the author and publisher of the internet resource https://oroglee.com – referred to as the Platform.
Oroglee
owns and operates the services provided through the Platform.
1.NATURE AND APPLICABILITY OF TERMS
Please go through these terms and conditions (“Terms”) and the privacy
policy
available at https://oroglee.com/privacypolicy (“Privacy Policy”)
carefully
before
you decide to access the Platform or avail the services made available on the Platform by Oroglee.
These
Terms and the Privacy Policy together constitute a legal agreement (“Agreement”) between you and Oroglee in connection with your visit to
the
Platform and your use of the Services (as defined below).
The Agreement applies to you whether you are -
- i. An Oroglee Network Clinic providing oral/ dental health care services that
is to
be
listed, or already listed, on the Platform, including designated, authorized associates of
such
clinics like dentists, dental assistants and clinic support staff
(“Dentist(s)”, “you” or “User”); or
- ii. A patient, his/her representatives or affiliates accessing the Platform
(“End-User”, “you” or “User”); or
- iii. Other-wise a user of the Platform (“you” or “User”).
This Agreement applies to those services made available by Oroglee on the Platform,
which are offered to the Users (“Services”), including the following:
-
i. For Dentists: Listing of Dentists, information about the clinic, facilities, services
offered,
special offers, their profiles and contact details, to be made available to the other Users
and
visitors to the Platform. Facility to (i) maintain ‘Accounts’, (ii) validate 'Plans'
(iii)
track
'Plans' used at their clinic on the Platform
-
ii. For other Users: Facility to (i) create and maintain ‘Accounts’, (ii) procure ‘Plans’
and
see
history of ‘Plans’ use (iii) search for Dentists or any other criteria that may be
developed
and
made available by Oroglee, and (iv) to participate in Oroglee initiatives to avail services
under
special offers or under normal conditions (v) access write-ups on various health/ treatment
related
topics including but not limited to oral/ dental health.
The Services may change from time to time, at the sole discretion of Oroglee, and
the
Agreement will apply to your visit and your use of the Platform to avail the Service, as well as
to
all information provided by you to the Dentist and on the Platform at any given point in time.
This Agreement defines the terms and conditions under which you are allowed to use the Platform
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 at
support@oroglee.com.
By accessing the Platform to use the Services, you irrevocably accept all the
conditions
stipulated in this Agreement, the Privacy Policy, as available on the Platform, 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 Platform to avail the Services. By availing any
Service, you signify your acceptance of the terms of this Agreement. For Dentists you agree to
the
terms of this Agreement in addition to the Clinic Network Participation Agreement that you may
have
entered into with Oroglee.
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 highlighted to you when you log into the
Platform.
You should read the Agreement at regular intervals. Your use of the Platform 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
Platform or avail any Services.
Your access to use of the Platform and the Services will be solely at the discretion
of
Oroglee.
The Agreement is published in compliance of, and is governed by the provisions of
Indian
law, including but not limited to:
- i. the Indian Contract Act, 1872,
- ii. the (Indian) Information Technology Act, 2000, and
- iii. 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”).
2.CONDITIONS OF USE
You must be 18 years of age or older to register, use the Services, or visit or use the Platform in
any
manner. By registering, visiting and using the Platform or accepting this Agreement, you represent
and
warrant to Oroglee that you are 18 years of age or older, and that you have the right, authority and
capacity to use the Platform and the Services available through the Platform, and agree to and abide
by
this
Agreement.
3.TERMS OF USE APPLICABLE TO ALL USERS OTHER THAN
DENTISTS
The terms in this Clause 3 are applicable only to Users other than Dentists.
3.1 END-USER ACCOUNT AND DATA PRIVACY
- 3.1.1 The terms “personal information” and “sensitive personal
data or
information” are defined under the SPI Rules, and are reproduced in the Privacy Policy.
- 3.1.2 Oroglee may by its Services, collect
information
relating to the devices through which you access the Platform, and anonymous data of your usage.
The
collected information will be used only for improving the quality of Oroglee’s services and to
build
new
services.
- 3.1.3 The Platform allows Oroglee to have access to
registered Users’ phone number for communication purpose.
-
3.1.4The Privacy Policy sets out, inter-alia:
- i. The type of information collected from Users, including sensitive
personal
data
or information;
- ii. The purpose, means and modes of usage of such information;
- iii. How and to whom Oroglee will disclose such information; and,
- iv. Other information mandated by the SPI Rules.
- 3.1.5The User is expected to read and understand
the
Privacy Policy, so as to ensure that he or she has the knowledge of, inter-alia:
- i. the fact that certain information is being collected;
- ii. the purpose for which the information is being collected;
- iii. the intended recipients of the information;,
- iv. the nature of collection and retention of the information; and
- v. the name and address of the agency that is collecting the information
and
the
agency that will retain the information; and
- vi. the various rights available to such Users in respect of such
information.
-
3.1.6Oroglee shall not be responsible in any manner for the
authenticity
of the personal information or sensitive personal data or information supplied by the User as
the
case
may be to Oroglee or to any other person acting on behalf of Oroglee.
-
3.1.7The User is responsible for maintaining the confidentiality
of
the
User’s account access information and password, if applicable, if the User is registered on the
Platform. The User shall be responsible for all usage of the User’s account, whether or not
authorized
by the User. The User shall immediately notify Oroglee of any actual or suspected unauthorized
use
of
the User’s account. Although Oroglee will not be liable for your losses caused by any
unauthorized
use
of your account, you may be liable for the losses of Oroglee or such other parties as the case
may
be,
due to any unauthorized use of your account.
-
3.1.8If a User provides any information that is untrue,
inaccurate,
not
current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Oroglee has
reasonable grounds to suspect that such information is untrue, inaccurate, not current or
incomplete,
Oroglee has the right to discontinue the Services to the User at its sole discretion.
-
3.1.9Oroglee may use such information collected from the Users
from
time
to time for the purposes of debugging and customer support related issues.
3.2 LISTING CONTENT AND DISSEMINATING INFORMATION
- 3.2.1 Oroglee collects, directly or indirectly, and displays on
the
Platform, relevant information regarding the profile and practice of the Dentists listed on the
Platform, such as their specialization, qualification, fees, location, visiting hours, and
similar
details. Oroglee takes reasonable efforts to ensure that such information is updated at frequent
intervals. Although Oroglee screens and verifies the information and photos submitted by the
Dentists,
it cannot be held liable for any inaccuracies or incompleteness represented from it, despite
such
reasonable efforts.
- 3.2.2 The Services provided by Oroglee 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). Oroglee does not provide or make any
representation, warranty or guarantee, express or implied about the Platform or the Services.
Oroglee
does not guarantee the accuracy or completeness of any content or information provided by Users
on
the
Platform. To the fullest extent permitted by law, Oroglee disclaims all liability arising out of
the
User’s use or reliance upon the Platform, the Services, representations and warranties made by
other
Users, the content or information provided by the Users on the Platform, or any opinion or
suggestion
given or expressed by Oroglee or any User in relation to any User or services provided to such
User.
- 3.2.3 The Platform may be linked to the website of
third
parties, affiliates and business partners. Oroglee has no control over, and not liable or
responsible
for content, accuracy, validity, reliability, quality of such websites or made available
by/through
our
Platform. Inclusion of any link on the Platform does not imply that Oroglee endorses the linked
site.
User may use the links and these services at User’s own risk.
- 3.2.4Oroglee 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 Platform or the downloading of any material, data, text, images, video
content,
or audio content from the Platform. If a User is dissatisfied with the Platform, User’s sole
remedy
is
to discontinue using the Platform.
- 3.2.5If Oroglee determines that you have provided
fraudulent,
inaccurate, or incomplete information, including through feedback, Oroglee reserves the right to
immediately suspend your access to the Platform or any of your accounts with Oroglee and makes
such
declaration on the website alongside your name as determined by Oroglee for the
protection of its business and in the interests of Users. You shall be liable to indemnify
Oroglee
for
any losses incurred as a result of your misrepresentations or fraudulent feedback that has
adversely
affected Oroglee or its Users.
3.3 SERVICE FROM OROGLEE NETWORK CLINICS
Once an User has purchased/ obtained a ‘Plan’ from the Platform or elsewhere he/ she may visit any
of
the
Dentists during the validity of the ‘Plan’ for availing services covered by the
‘Plan’.
- 3.3.1 The Services provided by Dentists 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). Oroglee does not provide or make any representation, warranty or guarantee, express or
implied
about the service provided. Oroglee does not guarantee the accuracy or completeness of any
content
or
information about the Dentists.
- 3.3.2Oroglee takes reasonable efforts to ensure that
Users
have a pleasant experience at the Dentist. However Oroglee will not be liable
for
any
lack/ improper/ poor quality of service provided by such Dentist to the User.
- 3.3.3 The listing of Dentists on the Platform should
not
be
construed as an endorsement by Oroglee of any such particular Dentist. If the User decides to
engage
with a Dentist to seek medical services, the User shall be doing so at his/her own risk.
- 3.3.4 Without prejudice to the generality of the
above,
Oroglee is not involved in providing any healthcare or medical advice or diagnosis and hence is
not
responsible for any interactions between User and the Dentist. User understands and agrees that
Oroglee
will not be liable for:
- i. User interactions and associated issues User has with the Dentist;
- ii. the ability or intent of the Dentist(s) or the lack of it, in
fulfilling
their
obligations towards Users;
- iii. any wrong medication or quality of treatment being given by the
Dentist(s), or
any medical negligence on part of the Dentist(s);
- iv. inappropriate treatment, or similar difficulties or any type of
inconvenience
suffered by the User due to a failure on the part of the Dentist to provide agreed
services;
- v. any misconduct or inappropriate behaviour by the Dentist or the
Dentist’s
staff;
- vi. not accepting the ‘Plan’ or any variation in the fees charged.
- 3.3.5 Users are allowed to provide feedback about
their
experiences with the Dentist by sending an email to support@oroglee.com. User however
understands
that,
Oroglee 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 Dentist from the Platform.
3.4NO DOCTOR-PATIENT RELATIONSHIP; NOT FOR EMERGENCY USE
- 3.4.1Please note that some of the content, text,
data,
graphics, images, information, suggestions, guidance, and other material (collectively,
“Information”)
that may be available on the Platform (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
Oroglee
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
health practitioner.
- 3.4.2 It is hereby expressly clarified that, the
Information
that you obtain or receive from Oroglee, and its employees, contractors, partners, sponsors,
advertisers, licensors or otherwise on the Platform 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 Platform. 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.
- 3.4.3 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 another person’s behalf), please contact an ambulance service or hospital directly.
3.5CONTENT OWNERSHIP AND COPYRIGHT CONDITIONS OF ACCESS
- 3.5.1The contents listed on the Platform are (i) User
generated content, or (ii) belong to Oroglee. The information that is collected by Oroglee
directly
or
indirectly from the end- users and the Dentists shall belong to Oroglee. Copying of the
copyrighted
content published by Oroglee on the Platform for any commercial purpose or for the purpose of
earning
profit will be a violation of copyright and Oroglee reserves its rights under applicable law
accordingly.
- 3.5.2Oroglee authorizes the User to view and access
the
content available on or from the Platform solely for ordering, receiving, delivering and
communicating
only as per this Agreement. The contents of the Platform, information, text, graphics, images,
logos,
button icons, software code, design, and the collection, arrangement and assembly of content on
the
Platform (collectively, "Oroglee Content"), are the property of Oroglee and are
protected under copyright, trademark and other laws. User shall not modify the Oroglee Content
or
reproduce, display, publicly perform, distribute, or otherwise use the Oroglee Content in any
way
for
any public or commercial purpose or for personal gain.
- 3.5.3User shall not access the Services for purposes
of
monitoring their availability, performance or functionality, or for any other benchmarking or
competitive purposes.
3.6TERMS AND CONDITIONS FOR SPEAKING TO A DENTIST OVER THE PHONE
- 3.6.1By calling you are giving consent for remote
consultation, i.e.
telephonic consultation to consultants of Oroglee.
- 3.6.2You also confirm that you are not talking to the
dentist from outside India
and the details you share over the call are true and to the best of your knowledge
- 3.6.3 You understand that there may be technological
problem/challenges during consultation e.g. poor quality of voice
or lack of understanding on both sides because both dentist and patient are not face to face.
- 3.6.4 You understand that there is limitation of
telephonic-consultation and it cannot act as a substitute for physical and clinical examination
of
patient by the dentist. Hence, wherever so will be required or advised, you hereby undertake
that you
will get yourself clinically examined with concerned licensed medical practitioner before
placing
the complete reliance on this telephonic consultation and will make required follow-up visits to
the
clinic.
- 3.6.5 You understand that this facility should
not be used for any emergencies and for getting any medications. The whole concept of this
facility
that you get a better idea of dental health, dental problems and dental treatments. This service
is not
a substitute for visiting the dentist at the clinic. In case you are in pain or need a dentist
urgently
please visit the nearest clinic.
- 3.6.6 You agree to your telephonic conversation with
the dentist
to be recorded and to be treated as a part of your medical record and for any future reference.
- 3.6.7 You understand that the dentist will rely
on the information you share in the telephonic consultation and if needed to any previous
discussions that you may have had with our dentists. You also
understand that if any history/ information is not revealed at the time of consultation, the
opinion shared
by the dentist may vary accordingly. You will not hold the dentist liable for his/ her opinion
due to any information that you may
have missed or share incorrectly during the consultation.
- 3.6.8 You agree and confirm that under no
circumstances will you hold the dentist
or Oroglee responsible for any error in judgment or an incorrect opinion on the part of the
dentist due to this remote consultation.
4.TERMS OF USE PRACTITIONERS - DENTISTS
The terms in this Clause 4 are applicable only to Dentists.
4.1LISTING POLICY
- 4.1.1Oroglee reserves the right to take down any
Dentist’s
profile as well as the right to display the profile of the Dentist’s with whom it has entered
into a
Clinic Network Participation Agreement. If any information displayed on the Platform in
connection
with
you and your profile is found to be incorrect, you are required to inform Oroglee immediately to
enable
Oroglee to make the necessary amendments.
- 4.1.2 Oroglee shall not be responsible or liable in
any
manner to the Dentists for any losses, damage, injuries or expenses incurred by the Dentists as
a
result
of
any disclosures or publications made by Oroglee, where the Dentist has expressly or implicitly
consented to
the making of disclosures or publications by Oroglee. If the Dentist had revoked such consent
under
the
terms of the Privacy Policy, then Oroglee shall not be responsible or liable in any manner to
the
Dentist
for any losses, damage, injuries or expenses incurred by the Dentist as a result of any
disclosures
made by
Oroglee prior to its actual receipt of such revocation.
- 4.1.3 Oroglee shall not be liable if any inactive,
inaccurate, fraudulent, or non- existent profiles of Dentists are added to the Platform.
- 4.1.4 When you are listed on Platform, End-Users may
see
a
‘Book Appointment/ Contact’ option. When End-Users choose this option they can see the contact
number to
reach out to the Dentist. Such facility provided to End-Users and to you by Oroglee should be
used
only
for appointment and booking purposes, and not for consultation on health-related issues. Oroglee
accepts
no liability if the facility is not used in accordance with the foregoing.
- 4.1.5 You as a Dentist 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 Oroglee accepts no liability for
the
same.
4.2PROFILE OWNERSHIP AND EDITING RIGHTS
-
Oroglee reserves the right of ownership of all the Dentist’s profile and photographs and to
moderate
the
changes or updates requested by Dentists. However, Oroglee 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 for Oroglee to upload all content shared by you as
part of
your profile or otherwise while using Oroglee’s 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, Oroglee may modify or delete parts of your profile information at its sole
discretion
with or without notice to you.
4.3DENTIST UNDERTAKING
-
The Dentist is and shall be duly registered, licensed and qualified to practice/ provide dental
health
care, dental wellness services, as per applicable laws/regulations/guidelines set out by
competent
authorities and the Dentist shall not be part of any arrangement which will prohibit him/her
from
practicing dental medicine within the territory of India. The Practitioner shall at all times
ensure
that all the applicable laws that govern the Dentist shall be followed and utmost care shall be
taken in
terms of the services being rendered.
4.4USAGE IN PROMOTIONAL & MARKETING MATERIALS
-
In recognition of the various offerings and services provided by Oroglee to Dentist, Dentist
shall
(subject to its reasonable right to review and approve): (a) allow Oroglee to include a brief
description of the services provided by Dentist in Oroglee’s marketing, promotional and
advertising
materials; (b) allow Oroglee to make reference to Dentist in case studies, and related marketing
materials; (c) serve as a reference to Oroglee’s existing and potential clients; (d) provide
video
logs,
testimonials, e-mailers, banners, interviews to the news media and provide quotes for press
releases;
(e) make presentations at conferences; and/or (f) use the Dentist’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.
5.RIGHTS AND OBLIGATIONS RELATING TO CONTENT
5.1Users are prohibited from:
-
i. violating or attempting to violate the integrity or security of the Platform or any Oroglee
Content;
-
ii. transmitting any information (including job posts, messages and hyperlinks) on or through
the
Platform that is disruptive or competitive to the provision of Services by Oroglee;
-
iii. intentionally submitting on the Platform any incomplete, false or inaccurate information;
-
iv. using any engine, software, tool, agent or other device or mechanism (such as spiders,
robots,
avatars or intelligent agents) to navigate or search the Platform;
-
v. attempting to decipher, decompile, disassemble or reverse engineer any part of the Platform;;
-
vi. copying or duplicating in any manner any of the Oroglee Content or other information
available
from
the Platform;
-
vii. framing or hot linking or deep linking any Oroglee Content
-
viii. circumventing or disabling any digital rights management, usage rules, or other security
features
of the Software.t;
5.2In case of non-compliance with any applicable laws, rules or
regulations, or the Agreement (including the Privacy Policy) by a User, Oroglee has the right to
immediately
terminate the access or usage rights of the User to the Platform and Services and to remove
non-compliant
information from the Platform
5.3 Oroglee 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
Oroglee
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 Oroglee as provided for under the SPI Rules, only if such transfer is necessary for
the
performance of the lawful contract between Oroglee or any person on its behalf and the User or where
the
User has consented to data transfer.
Oroglee respects the intellectual property rights of others and we do not hold any responsibility
for
any
violations of any intellectual property rights
6.TERMINATION
6.1Oroglee reserves the right to suspend or terminate a User’s
access
to
the Platform 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. A third party reports violation of any of its right as a result of your use of the Services;
-
iii. Oroglee is unable to verify or authenticate any information provide to Oroglee by a User;
-
iv. Oroglee has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on
part of
such User; or
-
v. Oroglee believes in its sole discretion that User’s actions may cause legal liability for
such
User,
other Users or for Oroglee or are contrary to the interests of the Platform.
6.2Once temporarily suspended, indefinitely suspended or
terminated,
the
User may not continue to use the Platform 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 Platform by such User.
7.LIMITATION OF LIABILITY
In no event, including but not limited to negligence, shall Oroglee, 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 Platform or the content,
materials and functions related thereto, the Services, User’s provision of information via the
Platform,
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 Dentist to End- Users contacted or
managed
through the Platform;
-
ii. any content posted, transmitted, exchanged or received by or on behalf of any User or other
person
on or through the Platform;
-
iii. any unauthorized access to or alteration of your transmissions or data; or
-
vi. any other matter relating to the Platform 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 Platform or the Services exceed, in the aggregate
Rs.
500/- (Rupees Five Hundred Only).
8.INDEMNITY
You agree that your access to, and use of, the Oroglee platform and content thereof is at your risk.
You
agree that the use of the website is not a secure method of transmitting information, and that the
risk
of
any loss of information or interception of information by any third party will be borne by you and
that
Oroglee shall not be liable for the same. You agree to indemnify and hold Oroglee, its subsidiaries
and
affiliates, and their respective directors, officers, agents, sponsors, partners, shareholders and
employees
harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made
against
Oroglee by any person due to or arising out of or in connection with your use of the Platform.
-
i. Although Oroglee agrees to take best efforts to protect security of the data placed on the
internet,
Oroglee shall not be liable at all for any virus, misuse if any, of any data placed on the
Internet,
by
third parties "hacking" or unauthorised access, transactions or use of information. You will at
all
times indemnify Oroglee from and against all actions, proceedings, claims and demands whatsoever
for
or
on account of or in relation to any use of the Platforms and from and against all damages,
costs,
charges and expenses in respect thereof. You agree, that under no circumstances shall Oroglee be
liable
for any direct, indirect, incidental, special, consequential, punitive or exemplary damages
arising
from
viruses, worms, trojan horses or other code that has contaminating or destructive properties or
your
referencing, using, accessing, inability to use or access or linking to or from the platforms of
Oroglee
or any errors or omissions in the Oroglee content thereof.
-
ii. Furthermore, Oroglee shall not be liable for any damages or injuries arising out of or in
connection
with the use of the Oroglee website and/ or its Services or its non-use including
non-availability
or
failure of performance, loss or corruption of data, loss of or damage to property (including
profit
and
goodwill), work stoppage, computer failure or malfunctioning, or interruption of business;
error,
omission, interruption, deletion, defect, delay in operation or transmission, communication line
failure
or for any failure to act upon Instructions or to provide any facility for any cause that is
beyond
Oroglee control.
-
iii. You understand that Dentists are third party service providers that are beyond the direct
control
of Oroglee. While Oroglee agrees to take best efforts to ensure that the patient/ End-User has a
pleasant experience in terms of the Services availed at the Dentist; Oroglee cannot ensure
quality
of
service and patient satisfaction for the Services availed at the Dentist. You agree to indemnify
and
hold Oroglee, its subsidiaries and affiliates, and their respective directors, officers, agents,
sponsors, partners, shareholders and employees harmless from any loss, liability, claim, or
demand,
including reasonable attorneys’ fees, made against Oroglee by any person due to or arising out
of or
in
connection with your use of the services at the Dentist as part of Services.
-
iv. In the event Oroglee takes any legal action against you as a result of your violation of
these
Terms, Oroglee will be entitled to recover from you all costs of such action, in addition to any
other
relief granted to Oroglee. You agree that Oroglee will not be liable to you or to any third
party
for
termination of your access to the Oroglee website as a result of any violation of these Terms.
-
v. In the event, the exclusion of certain warranties or the limitation or exclusion of liability
for
consequential or incidental damages is not permitted under laws, regulations or statutes. The
liability
of Oroglee shall be limited to the greatest extent permitted by applicable laws.
9.RETENTION AND REMOVAL
Oroglee may retain such information collected from Users from its Platform 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.
10.APPLICABLE LAW AND DISPUTE SETTLEMENT
10.1You agree that this Agreement and any contractual obligation
between
Oroglee and User will be governed by the laws of India.
10.2The courts at Hyderabad, India shall have exclusive
jurisdiction
over
any disputes arising out of or in relation to this Agreement, your use of the Platform or the
Services
or
the information to which it gives access..
12.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.
13.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 Oroglee. Any consent by Oroglee to, or a waiver by Oroglee
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.
14.CANCELLATION AND REFUND POLICY
This is applicable for the ‘Plans’ procured by the User from the Platform by making a payment. By
buying
a Plan the User agrees to have read and agreed to the Cancellation and Refund terms shared at
Cancellation and Refund Policy
14.Terms of OroGlee Plans
This is applicable for the ‘Plans’ procured by the User from the Platform by making a payment. By
buying an OroGlee Plan
the User agrees to have read and agreed to the Terms of the OroGlee Plan shared at
OroGlee Plan Terms