Terms and Conditions

The online platform “Hygee” is a platform where the patients can take appointment for their Dental Hygiene (Professional teeth cleaning procedure) in our clinic for providing the service of professional teeth cleaning.

The Platform has adopted a unique, more comfortable and more efficient method for providing the teeth cleaning service. 

Your use of Hygee (henceforth “Hygee”) online services (referred to as the offering in this document as the “Offering” and excluding any offering provided to you by Hygee under a separate written agreement) is subject to these terms, without prejudice to any additional terms which may be part of an agreement specific to the service you wish to avail of. Your agreement with Hygee will always include at a minimum, the terms and conditions set out in this document. 

Accepting the Terms: Hygee shall interact with its Users (replaceable with “You” using the Platform) through our website. By clicking a button or checkbox on a website, you accept and agree to the terms, where this option is made available to you by Hygee in the User interface for our offering.

Our Terms only govern and apply to our Content and our Offerings and Our Platform and do not apply to any third party entity, their content, proprietary information, etc. in any manner whatsoever, unless otherwise so specified.

At Hygee, we value legal activities, compliances and the word of the Law. We take our legal obligations seriously and hence, mandate that in order to use the offering, you must first agree to the terms. You may not use the offering if you do not accept the terms. Your use of our Offering in any manner is a deemed acceptance of each of the terms mentioned herein and other Policies or terms mentioned. If you require any assistance using our services please contact us on ………… or contact our grievance officer directly.

That these terms and conditions shall be read along with and in addition to any, all and each terms & conditions and policies which shall come into being from time to time and may or may not be published on our website or with third party terms, if so applicable. All applicable terms and conditions, policies and rules shall be read in conjunction with our Privacy policies, other applicable policies, as well as laws and a User shall use our Offerings only and only upon absolute and complete acceptance of our terms, conditions and policies with no exceptions whatsoever. In the event that you do not agree with our policies, terms and conditions in any part, or absolution thereof, you must not use our Offerings further and shall stop using them immediately.

In the event that you wish to stop using our Offerings in the middle of your usage of the same, you must intimate us of the same immediately so We can stop your usage of the Offerings and ensure that the terms are complied herewith.

By using the Website and accepting these Terms and Conditions, you acknowledge that you have read, understood, and agree to be bound by them.

You acknowledge and agree that Hygee may stop (permanently or temporarily) providing the Offering (or any features within the offering) to you or to any User generally at Hygee’s sole discretion, without incurring any liabilities for such discontinuation.

That you are to Use Hygee and its Offerings on an as is basis and any changes that you make or attempt to make shall be in violation of all terms, conditions, policies that you have agreed to and accepted. You acknowledge and agree that while Hygee may not currently limit your use of the offering in any way, it may do so as per its discretion or as per the terms and conditions of a third party entity. Hygee shall not be responsible for any loss or damage caused by a modification of the features, limitation of use of the offering or the discontinuation altogether thereof or any change in laws, guidelines, etc.

Definitions

For The Purpose Of These Terms, we are only defining certain terms that we refer to specifically, otherwise, other Terms and words shall have the same connotation as they do in common parlance, industry communications, etc.

The Following Words And Phrases Shall Have The Meaning Assigned To Them Under This Article or as are used in the industry or legal meaning that each word might have.

1. “Services”: Means The Service Provided By Hygee To Users, Whereby:
   1. The “User” can login to the Website www.hygee.co.in  and after registering as “Patient”, they can book the available appointment slot from the calendar and then can visit the clinic to take the services for teeth cleaning.
   2. The User after confirming the appointment gets an e-mail where he/she can see his/her confirmed appointment slot and the location of our clinic.
   3. Along with that, the User will also receive a link of “Personal online dental record keeping diary” on which the User can register in the online diary and will receive another email, which will provide a personal login and password to access that diary.

2. User: Shall Mean Any Patient or Person (using the Hygee Offering) Who Is Using the Hygee service or this Website. The User can be Indian nationals or residents only.

It is important to note that all persons using the User’s account on our platform are deemed to be authorised or have the authority to do so, unless the registered User has complained for unauthorised access of platform or has expressed concern with respect to use of the Platform by an unauthorised individual/entity, etc.

3. Content or Third Party Content: You understand that all information (such as data files, written text, computer software, or images) which you may have access to as part of, or through your use of, the offering are the sole responsibility of the person from which such content originated. User acknowledges and agrees that Hygee is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review any Third Party Content and does not control, endorse or adopt any Third Party Content and makes no representation or warranties of any kind regarding the Third Party Content.

4. Acceptance of Terms: By accessing or using the www.hygee.co.in website (hereinafter referred to as the “Website”), you agree to comply with and be bound by these Terms and Conditions. If you do not agree to these terms, please do not use the Website.

5. Dental Services: Hygee provides dental care services, including but not limited to dental examinations, teeth cleaning, and related services (collectively, the “Services”).

Personal Information: Hygee may collect and process personal information from Users of the Website in accordance with our Privacy Policy. [Verum Legal Note: Add link to this]

Users consent to the collection, use, and disclosure of their personal information as described in the Privacy Policy.

Use of the Website: 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 Hygee 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.

Appointment Scheduling: Users may use the Website to schedule appointments for different Services. These appointments are subject to availability and current situations of the Hygee team. All terms of these appointments, so made, shall be dependent upon the Team and its discretion. Hygee reserves the right to change or cancel appointments, as necessary, and will make reasonable efforts to notify users in advance.

Relationship between User and Hygee: That User is an independent 3rd Party entity and accepts and agrees that it is, in no way, associated with Hygee and is merely being on boarded by Hygee as a User of its Services

Licensed Use: We hereby grant our User a non-exclusive, non-transferable, non-sublicensable, fee-bearing, limited right to access and use the Services during the term set forth in the applicable registration form. Subject to the terms and conditions of these Terms, the rights granted hereunder provides each User the limited right to: (i) access the Platform; (ii) access, and view the Content; Third party content shall only be used, accessed and treated in the manner described and in accordance with the terms of the third party’s website and terms.

User Obligations: Each User Shall Be Responsible To:

(I) Furnish Correct And Accurate Information;

(II) Ensure That the Content is being accessed and used in a permitted and lawful manner;

(III) User Shall Not (I) Carry Out Any Activity, Which Is Banned, Illegal Or Immoral, (II) Use The Services In Any Manner Or In Furtherance Of Any Activity, Which Constitutes A Violation Of Any Law Or Regulation Or Which May Cause Hygee To Be Subject To Investigation, Prosecution Or Legal Action.

(IV) User shall never misrepresent itself as being associated with Hygee in any manner beyond what the actual/true association comprises and shall in no manner, ever violate the terms or conditions of the Policies, etc.

Not for Emergency Use:

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 Hygee and you and does not constitute an opinion, medical advice, or diagnosis or treatment of any particular condition, but is only provided to assist you with locating appropriate medical care from a qualified practitioner.

It is hereby expressly clarified that, the Information that you obtain or receive from Hygee, 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.

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.

Payment and Billing: Users are responsible for all fees and charges associated with the Services. Payment for Services may be made through methods specified on the Website.

Website Content: All content on the Website, including text, graphics, images, and other materials, is the property of Hygee and is protected by copyright and other intellectual property laws.

Users may not reproduce, distribute, or display any content from the Website without the prior written consent of Hygee. No information on the Website shall be treated as medical diagnosis or medical advice and each User shall contact the Hygee team in case they wish to seek any medical diagnosis, advise or treatment.

Ownership and Reservation. Each User agrees that We own all aspects of the Platform and Website and shall retain all patent, copyright, trademark, trade dress, trade name, moral rights, trade secret and other intellectual property rights in and to in all portions of the Platform and/or Website, all object code and source code relating to the Platform and/or Website, all the features of the Platform and/or Website, all elements of the look-and-feel of the Platform and/or Website, all design features and all modifications, revisions, updates, releases, refinements, improvements, and enhancements related to any of the forgoing. No User acquires any rights of ownership or title in or to any portion of the Services.

EXCLUSION OF WARRANTIES: YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE OFFERING IS AT YOUR SOLE RISK AND THAT THE OFFERING ARE PROVIDED AS IS AND AS AVAILABLE. IN PARTICULAR, HYGEE DOES NOT REPRESENT OR WARRANT TO YOU THAT:

○       YOUR USE OF THE OFFERING WILL MEET YOUR REQUIREMENTS,

○       YOUR USE OF THE OFFERING WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, INCLUDING SPECIFICALLY FROM SERVER DOWNTIME

○       ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE OFFERING WILL BE ACCURATE OR RELIABLE, AND

○       ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE OFFERING IS DONE AT YOUR OWN DISCRETION AND RISK AND HYGEE WILL NOT BE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA OR ANY OTHER ISSUE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HYGEE OR THROUGH OR FROM THE OFFERING SHALL CREATE ANY WARRANTY OR LIABILITY ON HYGEE, NOT EXPRESSLY STATED IN THE TERMS. HYGEE FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, COPYRIGHT ISSUES, etc.

Intellectual Property rights: You acknowledge and agree that We (or Our licensors) own all legal right, title and interest in and to the offering, including any intellectual property rights which subsist in the Offering (whether those rights happen to be registered or not, and wherever in the world those rights may exist) and that you are merely a licensee of the offering, and not the owner thereof.

Confidentiality: The User agrees that they shall not disclose or attempt to use or personally  benefit from any information that is non-public that the User might have come across on the Website or through their Use of the Offerings. This obligation shall continue till the time that this Non-Public information relating to Us or our offerings becomes publicly known through no action of the User or any associated or connected Party.

Limitation of Liability: Hygee is not liable for any direct, indirect, incidental, consequential, or punitive damages arising from the use of the Website or the Services.

Hygee does not warrant the accuracy or completeness of any information on the Website.

Indemnification: Users agree to indemnify and hold harmless Hygee and its affiliates, officers, employees, and agents from any claims, losses, or damages arising from their use of the Website or Services.

Ending your relationship with Hygee: The Terms will continue to apply until terminated by either you or Hygee duly, as set out below. Hygee may at any time, terminate its legal agreement with you, with a notice period of 1 (one) month, if:

●       you have breached any provision of the terms or this document or any other applicable conditions (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the terms); or

●       Hygee is required to do so by law (for example, where the provision of the offering to you is, or becomes, unlawful)

●       You have acted in a suspicious manner;

●       Or there is a specific reason for the Hygee wishes to terminate the Agreement;

When these terms come to an end, all of the legal rights, obligations and liabilities that you and Hygee are subject to in relation to the obligation to maintain confidentiality or such other legal rights, obligations and liabilities which are expressed to continue indefinitely, shall be unaffected by this cessation. And in case of such termination, the User shall be charged a prorated amount.

Governing Law and Jurisdiction: These Terms and Conditions are governed by and construed in accordance with the laws of India. Any legal actions arising out of or relating to these terms shall be resolved in the state or federal courts located within ………..

Changes to Terms: Hygee may make changes to the terms from time to time. The same will be reflected on the Website for your reference and only after you accept the updated terms  will you be able to proceed with using the Offerings. When these changes are made, Hygee shall make the amended copy of the terms available in an accessible location.

Force Majeure Event: means the occurrence of: (a) an act of war (whether declared or not), hostilities, invasion, act of foreign enemies, terrorism or civil disorder; (b) a strike or strikes or other industrial action or blockade or embargo or any other form of civil disturbance (whether lawful or not), in each case affecting on a general basis the industry related to the affected Services and which is not attributable to any unreasonable action or inaction on the part of the Company or any of its Subcontractors or suppliers and the settlement of which is beyond the reasonable control of all such persons; (c) tempest, earthquake or any other natural disaster of overwhelming proportions; (d) other unforeseeable circumstances beyond the control of the Parties against which it would have been unreasonable for the affected party to take precautions and which the affected party cannot avoid even by using its best efforts; Neither Party shall be in breach of its obligations under this Agreement (other than payment obligations) or incur any liability to the other Party for any losses or damages of any nature whatsoever incurred or suffered by that other (otherwise than under any express indemnity in this Agreement) if and to the extent that it is prevented from carrying out those obligations by, or such losses or damages are caused by, a Force Majeure Event except to the extent that the relevant breach of its obligations would have occurred, or the relevant losses or damages would have arisen, even if the Force Majeure Event had not occurred (in which case this Clause 20 shall not apply to that extent). As soon as reasonably practicable following the date of commencement of a Force Majeure Event, and within a reasonable time following the date of termination of a Force Majeure Event, any Party invoking it shall submit to the other Party reasonable proof of the nature of the Force Majeure Event and of its effect upon the performance of the Party’s obligations under this Agreement.

Contact Information: If you have any questions or concerns regarding these Terms and Conditions, please contact us at info@hygee.co.in