Goformeet Consulting Private Limited, on behalf of itself and its affiliates/group companies under the brand
"Goformeet" (“Goformeet”), is the author and publisher of the internet resource www.goformeet.co and the mobile
application ‘Goformeet’ (together, “Website”).
1. NATURE AND APPLICABILITY OF TERMS
Please carefully go through these terms and conditions (“Terms”) and the privacy policy available at
https://www.goformeet.co/privacy (“Privacy Policy”) before you decide to access the Website or avail the
services made available on the Website by Goformeet. These Terms and the Privacy Policy together constitute a
legal agreement (“Agreement”) between you and Goformeet 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 Professional service 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
Professional or institutions (“Professional(s)”, “you” or “User”); or
A Guest, his/her representatives or affiliates, searching for Professional through the Website (“End-User”,
“you” or “User”); or
Otherwise a user of the Website (“you” or “User”).
This Agreement applies to those services made available by Goformeet on the Website, which are offered free of
charge to the Users (“Services”), including the following:
For Professional: Listing of Professional and their profiles and contact details, to be made available to the
other Users and visitors to the Website;
The Services may change from time to time, at the sole discretion of Goformeet, 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 at support@goformeet.co.
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 Goformeet.
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 to
Goformeet 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.
3.TERMS OF USE APPLICABLE TO ALL USERS OTHER THAN Professional
The terms in this Clause 3 are applicable only to Users other than Professional.
3.1END-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.
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3.1.2 Goformeet 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 Goformeet’s services and to build new services.
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3.1.3 The Website allows Goformeet 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 Professional and their practice.
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3.1.4 The Privacy Policy sets out, inter-alia:
1. The type of information collected from Users, including sensitive personal data or information;
2. The purpose, means and modes of usage of such information;
3. How and to whom Goformeet will disclose such information; and,
4. Other information mandated by the SPI Rules.
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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:
1. the fact that certain information is being collected;
2. the purpose for which the information is being collected;
3. the intended recipients of the information;
4. the nature of collection and retention of the information; and
5. the name and address of the agency that is collecting the information and the agency that will retain the
information; and
6. the various rights available to such Users in respect of such information.
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3.1.6 Goformeet shall not be responsible in any manner for the authenticity of the personal information
or sensitive personal data or information supplied by the User to Goformeet or to any other person acting on
behalf of Goformeet.
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3.1.7 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 Goformeet of any actual or suspected unauthorized use of the User’s account or password. Although
Goformeet will not be liable for your losses caused by any unauthorized use of your account, you may be liable
for the losses of Goformeet or such other parties as the case may be, due to any unauthorized use of your
account.
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3.1.8 If a User provides any information that is untrue, inaccurate, not current or incomplete (or
becomes untrue, inaccurate, not current or incomplete), or Goformeet has reasonable grounds to suspect that
such information is untrue, inaccurate, not current or incomplete, Goformeet has the right to discontinue the
Services to the User at its sole discretion.
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3.1.9 Goformeet 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
Goformeet’s relevance algorithm for the Professional is a fully automated system that lists the Professional,
their profile and information regarding their Practice on its Website. These listings of Professional do not
represent any fixed objective ranking or endorsement by Goformeet. Goformeet will not be liable for any change
in the relevance of the Professional on search results, which may take place from time to time. The listing of
Professional 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. Goformeet in no event will be held responsible for the accuracy and the relevancy of the
listing order of the Professional on the Website.
3.3 LISTING CONTENT AND DISSEMINATING INFORMATION
- 3.3.1 Goformeet collects, directly or indirectly, and displays on the Website, relevant information
regarding the profile and practice of the Professional listed on the Website, such as their specialization,
qualification, fees, location, meeting hours, and similar details. Goformeet takes reasonable efforts to
ensure that such information is updated at frequent intervals. Although Goformeet screens and vets the
information and photos submitted by the Professional, it cannot be held liable for any inaccuracies or
incompleteness represented from it, despite such reasonable efforts.
- 3.3.2 The Services provided by Goformeet 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).
Goformeet does not provide or make any representation, warranty or guarantee, express or implied about the
Website or the Services. Goformeet 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, Goformeet 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 Goformeet or any User in relation to any User or services provided
by such User.
- 3.3.3 The Website may be linked to the website of third parties, affiliates and business partners.
Goformeet 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 Goformeet endorses the linked site. User may use the links and these services at User’s own
risk.
- 3.3.4 Goformeet 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.
- 3.3.5 If Goformeet determines that you have provided fraudulent, inaccurate, or incomplete
information, including through feedback, Goformeet reserves the right to immediately suspend your access to
the Website or any of your accounts with Goformeet and makes such declaration on the website alongside your
name/your clinic’s name as determined by Goformeet for the protection of its business and in the interests of
Users. You shall be liable to indemnify Goformeet for any losses incurred as a result of your
misrepresentations or fraudulent feedback that has adversely affected Goformeet or its Users.
- 3.3.6 The information published under the head of "Industry wide city-wise Pricing Graph" is derived
from a professional that is determined to be relevant by Goformeet in the relevant city. Goformeet has
published this information for guidance purpose and does not have the ability to ascertain accuracy of the
data based on which the information has been published and nor does it have any duty to disclose to anyone the
source of the underlying data sets based on which this information has been published. Goformeet is not liable
in any manner for any consequence whatsoever arising out of any use of the information published here.
3.4 BOOK APPOINTMENT
- 3.4.1 Goformeet enables Users to connect with professionals through two methods: a) Book facility
that allows Users book an appointment through the Website and App;
- 3.4.1 Goformeet will ensure Users are provided confirmed appointments on the Book facility. However,
Goformeet has no liability if such an appointment is later cancelled by the Guest/Host, or the same Guest/Host
is not available for appointment. Provided, it does not fall under the heads listed under the Goformeet
Guarantee Program, in which case the terms of this program shall apply.
- 3.4.2 If a User has utilized the telephonic services, Goformeet reserves the right to share the
information provided by the User with the Professional and store such information and/or conversation of the
User with the Professional, in accordance with our Privacy Policy.
- 3.4.3 The results of any search Users perform on the Website for Professional should not be construed
as an endorsement by Goformeet of any such particular Professional. If the User decides to engage with a
Professional 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, Goformeet is not involved in providing any
advice and hence is not responsible for any interactions between User and the Professional. User understands
and agrees that Goformeet will not be liable for:
- User interactions and associated issues User has with the Professional;
- the ability or intent of the Professional(s) or the lack of it, in fulfilling their obligations towards
Users;
- any misconduct or inappropriate behaviour by the Professional or the Professional’s staff;
- cancellation or no show by the Professional or rescheduling of booked appointment or any variation in
the fees charged, provided these have been addressed to under, Goformeet Policy.
- 3.4.5 Users are allowed to provide feedback about their experiences with the Professional, however,
the User shall ensure that the same is provided in accordance with applicable law. User however understands
that, Goformeet 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 Professional from the Website.
4. TERMS OF USE Professional
The terms in this Clause 4 are applicable only to Professional.
4.1 LISTING POLICY
- 4.1.1 Goformeet, directly and indirectly, collects information regarding the Professional’ profiles,
contact details, and practice. Goformeet reserves the right to take down any Professional’s profile as well as
the right to display the profile of the Professional, with or without notice to the concerned Professional.
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 Goformeet immediately to enable Goformeet to make the necessary amendments.
- 4.1.2 Goformeet shall not be liable and responsible for the ranking of the Professional on external
websites and search engines.
- 4.1.3 Goformeet 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 Goformeet,
where the User has expressly or implicitly consented to the making of disclosures or publications by
Goformeet. If the User had revoked such consent under the terms of the Privacy Policy, then Goformeet 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 Goformeet prior to its actual receipt of such revocation.
- 4.1.4 Goformeet reserves the right to moderate the suggestions made by the Professional through
feedback and the right to remove any abusive or inappropriate or promotional content added on the Website.
However, Goformeet shall not be liable if any inactive, inaccurate, fraudulent, or non-existent profiles of
Professional are added to the Website.
- 4.1.5 Professional explicitly agrees that Goformeet reserves the right to publish the Content
provided by Professional to a third party including content platforms.
- 4.1.6 You as a Professional 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 Goformeet accepts no liability for the same.
4.2 PROFILE OWNERSHIP AND EDITING RIGHTS
Goformeet ensures easy access to the Professional by providing a tool to update
your profile information. Goformeet reserves the right of ownership of all the Professional’s profile and
photographs and to moderate the changes or updates requested by Professional. However, Goformeet 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 Goformeet’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, Goformeet may modify or delete parts of your profile information at its sole discretion with or
without notice to you.
5. RIGHTS AND OBLIGATIONS RELATING TO CONTENT
5.1 As mandated by Regulation 3(2) of the IG Rules, Goformeet hereby informs
Users that they are not permitted to host, display, upload, modify, publish, transmit, update 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;
- harm minors in any way;
- 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 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:
- violating or attempting to violate the integrity or security of the Website or any Goformeet Content;
- 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 Goformeet;
- intentionally submitting on the Website 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 Goformeet Content or other information available from the
Website;
- framing or hot linking or deep linking any Goformeet Content;
- circumventing or disabling any digital rights management, usage rules, or other security features of the
Software.
5.3 Goformeet, 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 5.1 and 5.2. Goformeet 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, Goformeet 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 Goformeet 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 Goformeet 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 Goformeet as provided for under the SPI
Rules, only if such transfer is necessary for the performance of the lawful contract between Goformeet or any
person on its behalf and the User or where the User has consented to data transfer.
Goformeet 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 Goformeet 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:
- Such User breaches any terms and conditions of the Agreement;
- A third party reports violation of any of its right as a result of your use of the Services;
- Goformeet is unable to verify or authenticate any information provided to Goformeet by a User;
- Goformeet has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on the part of
such User; or
- Goformeet believes in its sole discretion that User’s actions may cause legal liability for such User, other
Users or for Goformeet 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 Goformeet, or any of
its directors, officers, employees, agents or content or service providers (collectively, the “Protected
Entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages
arising from, or directly or indirectly related to, the use of, or the inability to use, the Website or the
content, materials and functions related thereto, the Services, User’s provision of information via the Website,
lost business or lost End-Users, even if such Protected Entity has been advised of the possibility of such
damages. In no event shall the Protected Entities be liable for:
- provision of or failure to provide all or any service by Professional to End- Users contacted or managed
through the Website;
- any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or
through the Website;
- any unauthorized access to or alteration of your transmissions or data; or
- 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
Goformeet 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 Goformeet
and 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 Goformeet. Arbitration shall be conducted in accordance with the
Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be Bangalore. 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 Bengaluru 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 Goformeet, the Website, this Agreement,
the Services, or anything related to any of the foregoing, Goformeet customer support can be reached at the
following email address: support@goformeet.co or via the contact information available from the following
hyperlink: www.goformeet.co/contact.
10.2 In accordance with the Information Technology Act, 2000, and the rules made
thereunder, if you have any grievance with respect to the Website or the service, including any discrepancies
and grievances with respect to the processing of information, you can contact our Grievance Officer Surabhi
Patodia through our Contact Us page or write an email to privacy@goformeet.co. 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 Goformeet. Any consent by Goformeet to, or a
waiver by Goformeet 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.