These Terms and Conditions together with our Privacy Policy and the Disclaimer and any other document of policy referenced (collectively these “Terms of Use”) govern and describe the terms on which you may access, browse or use our website, www.queohealth.com (here in after referred to as this “Website”).
Queo Health is an Indian private limited company having its registered office at Queo Health Private Limited, Tc 49/57(1), Nihamath, PRA-19, Kamaleswaram, Manacaud P.O, Thiruvanthapuram, Kerala, India – 695009.
This Website is offered and available only to users in India who are 18 years of age or older. By accessing this Website, you represent and warrant that: (i) you are of a minimum legal age to form a binding contract with Queo Health or are represented by a parent or guardian; (ii) you understand and intend to be bound by these Terms of Use.
You are also responsible for ensuring that all persons who access this Website through your internet connection are aware of these Terms of Use and other applicable terms and conditions, and that they comply with them.
IF YOU DO NOT MEET THESE REQUIREMENTS OR DO NOT AGREE TO THESE TERMS OF USE, YOU MUST NOT USE THIS WEBSITE OR PURCHASE OR AVAIL OF ANY PRODUCT(S) OR SERVICE(S) MADE AVAILABLE THROUGH THIS WEBSITE.
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE YOU DECIDE TO ACCESS OR BROWSE THIS WEBSITE OR PURCHASE OR AVAIL OF ANY SERVICE(S) OR PRODUCT(S) OFFERED THROUGH THIS WEBSITE. BY CONTINUING TO ACCESS AND USE THIS WEBSITE OR AVAILING ANY OF THE PRODUCT(S) OR SERVICE(S) OFFERED BY US YOU CONFIRM THAT YOU ACCEPT THESE TERMS OF USE DESCRIBED HEREIN AND AGREE TO COMPLY WITH THEM. THERE ARE OTHER TERMS THAT MAY APPLY TO YOU.
Your access to this Website, the products or services offered through this Website will be solely at the discretion of Queo Health. We do not guarantee that this
Website, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of this Website for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal. You shall not attempt to gain unauthorised access to other user accounts, functions, features, computer systems, in any manner whatsoever.
Your use of the Website is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our practices regarding the collection and use of your information.
The content on this Website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on this Website.
Although we make reasonable efforts to update the information on this Website, we make no representations, warranties or guarantees, whether express or implied, that the content on this Website is accurate, complete or up to date. To the fullest extent permitted by law, we disclaim all liability and responsibility for any reliance on the materials on this Website.
Where this Website contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by Queo Health of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources. We strongly recommend that you apply user discretion and read and review such third-party terms and conditions before accessing such sites, resources or links. Your decision to access the third-party links is solely at your own risk and cost. Queo Health will not be liable for any loss or damage suffered by you as a result of you accessing third-party links, resources and services.
We may also provide interactive services, including to social media pages, video-sharing facilities, bulletin boards, etc (“Interactive Services”). This Website may include information and materials uploaded by users of this Website (“User Content”). User Content have not been verified or approved by Queo Health. All information, statements and/or opinions, answers and other related content expressed through the Interactive Services or the User Content are solely the opinions and expressions of the person providing such opinion, expression or information and is not the opinion, expression or statement of Queo Health. We are under no obligation to oversee, monitor or moderate any Interactive Services on this Website, and we expressly exclude our liability for any loss or damage arising from the use of any Interactive Service by a user in contravention of our Content Standards, whether the service is moderated or not.
This section describes the acceptable use terms, including but not limited to the Content Standards listed herewith (the “Acceptable Use Terms”), which apply to Interactive Services or a feature that allows you to upload your User Content to this Website or to make contact with other users of this Website. You agree to comply with this Acceptable Use Terms.
You represent and warrant that you will not use this Website: (i) in any way that breaches any applicable laws or regulations; (ii) in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect; (iii) for the purpose to harm or attempt to harm another person; (iv) to bully, insult, intimidate or humiliate any person; (v) to send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards; (v) to knowingly transmit any data, send or upload your User Content that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware; or (vi) to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam). You also agree: (i) not to reproduce duplicate, copy or re-sell any part of this Website in contravention of the provisions of these Terms of Use; (ii) not to access without authority, interfere with, damage or disrupt: (a) any part of this Website; (b) any equipment or network on which this Website is stored; (c) any software used in the provision of this Website or (d) any equipment or network or software owned or used by any third party.
You represent and warrant that any of your User Content which does comply with this Acceptable Use Terms, you will be liable to us and will indemnify us for any loss or damage we suffer as a result of your breach of this warranty.
If in our opinion, we consider that a breach of the Acceptable Use Terms has occurred, we may take action as we deem appropriate.
Failure to comply with this Acceptable Use Terms constitutes a material breach of these Terms of Use, and may result in our taking all or any of the following actions, without notice or liability to you:
We also have the right to disclose your identity to any third party who is claiming that any User Content posted or uploaded by you to this Website constitutes a violation of their intellectual property rights or of their right to privacy.
We exclude our liability for all action we may take in response to breaches of this Acceptable User Terms. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.
Users/third party service providers are solely responsible for securing and backing up their respective User Content.
Any of your User Content you upload to this Website will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your User Content, but you are required to grant us a limited license to use, store and copy that User Content and to distribute and make it available to third parties.
When you upload or post User Content to this Website, you grant us the following rights to use that User Content:
Queo Health is the owner or the licensee of all intellectual property rights subsisting in all materials, content, features, functionalities, software, text, images, design, arrangement, graphical works, in this Website and in the User Content published on this Website. These works are protected by copyright laws and treaties around the world. All such rights are reserved. You must not use any part of the content on this Website for commercial purposes without obtaining a licence to do so from us or our licensors. If you print off, copy, download, share or repost any part of this Website in breach of these Terms of Use, your right to use this Website will cease immediately and you must, at our option, return or destroy any copies of the materials you havemade.
“Queo Health” is the registered trademark of by Queo HealthPrivate Limited. “Queo Health”, the Queo Health logo, tagline, design, slogan, product or service description, this Website, the QH App, and all related trademarks or tradenames are the trademarks of Queo Health Private Limited. You are not permitted to use them without our prior written approval. Third party names, logos, product and service names, designs, taglines used in this Website are the trademarks or their respective owners.
You agree to use this Website for your personal, non-commercial use only. All use and reproduction, of any material on this Website or incorporating any material on this Website into any other material, in whatever media or format, is strictly prohibited. You must not distribute, modify, create derivative works of, republish, download or transmit any User Content, except those files that are automatically cached by you web browser or your computer random access memory.
When you visit this Website, we may collect information about you. The information we collect is processed in accordance with our Privacy Policy.
YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES PROVIDED UNDER THIS AGREEMENT IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE. IN ADDITION TO WARRANTIES EXCLUDED EXPRESSLY IN THESE TERMS OF USE, QUEO HEALTH, ANY OF ITS SUBSIDIARIES, AFFILIATIES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS EXPRESSLY DISCLAIMS ANY AND ALL IMPLIED OR EXPRESS WARRANTIES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW IN CONNECTION WITH THE COMPLETENESS, ACCURACY, RELIABILITY OR AVAILABILITY OF ANY OF THE PRODUCTS OR SERVICES MADE AVAILABLE IN THIS WEBSITE OR BY ANY THIRD-PARTY SERVICE PROVIDER. QUEO HEALTH DISCLAIMS ALL WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
Without limiting the generality of the foregoing, Queo Health makes no warranty and will not be liable in any manner whatsoever for claims relating to negligence, service deficiency, malpractices, delays in performance, non-performance, injury, side-effects and death cause in connection with the products or services procured or availed from third party sellers/service providers through this Website. Queo Health will not be held responsible for errors, omissions, interruptions, deletions, defects, delays in operation or communication, unauthorized access to or alteration of any user communication, User Content, or data from a third party.
Under no circumstance will Queo Health be responsible for the conduct of any user or third-party seller/service provider. Queo Health cannot and does not guarantee or warrant that this Website will be free of errors, viruses or other destructive codes. You are required and responsible to implement information safeguard procedures and practices to your satisfaction and to safeguard your systems, User Content. Queo Health does not verify any User Content and to the extent permitted by applicable law disclaims all liability in relation to the User Content.
You agree to indemnify, defend and hold harmless Queo Health and any of its subsidiary, affiliate, director, officer, employee and agent, from and against any and all claims, damages (actual and/or consequential), actions, proceedings, demands, awards, losses, liabilities, costs or expenses, including but not limited to reasonable attorneys’ fees, made by any third party due to or arising out of your use of the products or services in violation of this Agreement and/or arising from: (i) your User Content; (ii) your use of and access to this Website; (iii) your violation of any term of these Terms of Use; (iv) your violation of any third party rights including intellectual property rights or third party service provider's terms and conditions; or (v) your violation of any applicable laws, rules or regulations. This indemnification obligation will survive the termination of these Terms of Use and your use of this Website or the products or services procured or availed from this Website.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our fraud or fraudulent misrepresentation.
IN NO EVENT WILL QUEO HEALTH BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF USE, DATA OR PROFITS (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL, BUSINESS OR REPUTATION, OR ANY OTHER INTANGIBLE LOSS, PERSONAL INJURY, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE AND EVEN IF YOU OR ANY THIRD PARTY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE MAXIMUM LIABILITY OF QUEO HEALTH UNDER THESE TERMS OF USE SHALL BE LIMITED TO THE AMOUNT, IF ANY, PAID BY YOU THROUGH THIS WEBSITE.
The products and services offered on this Website are third party products and services and not the products and services of Queo Health. Any purchases, appointments, cancellations, rescheduling, purchases or refunds will be subject to such third parties’ terms and conditions and Queo Health shall not responsible or liable for any acts or omissions of such third parties.
You understand that Queo Health has no control, either directly or indirectly, over the products and services offered and sold by third party sellers/service providers. Queo Health nor any person associated with Queo Health makes or gives no warranty or representation with regard to the completeness, accuracy, security, reliability or availability of such product or service or medical advice. Without limiting the foregoing Queo Health shall not remain liable for any loss or damage (whether direct or indirect), including any death of physical disability that you may suffer by reason of using the products or availing the services from third party sellers/service providers whether through this Website or through any other means.
Queo Health is only a platform for e-commerce that facilitates the provision of products and services offered on this Website, but is not a seller of such products or services and does not guarantee or sponsor such products or services. Any product or services that you purchase via this Website will constitute a contract between you and such third-party. We strongly recommend that you read and understand such third-party’s terms and conditions before proceeding to purchase or avail of such products or services.
Any cancellation or rescheduling of products or services will be governed by the respective third-party’s cancellation or rescheduling terms and conditions. Queo Health may at its sole discretion change the services and products offered on this Website from time to time.
This Website also facilitates video, tele and e-consultation services giving users the opportunity to access and interact with varied healthcare service providers (hereinafter referred to as “Providers”).
The consultation services offered on this Website by the Providers are third party consultation services and not the consultation services of Queo Health. Any purchases, appointments, cancellations, rescheduling, purchases or refunds will be subject to such third parties’ terms and conditions and Queo Health shall not responsible or liable for any acts or omissions of such Providers.
Although Queo Health endeavours to maintain accurate and up-to-date information about the Providers, including but not limited to their qualifications, specializations, practice areas, years of experience, fees, location, visiting hours, etc, You understand that Queo Health has no control, either directly or indirectly, over the consultation services offered and sold by the Providers. Queo Health nor any person associated with Queo Health makes or gives no warranty or representation with regard to the completeness, accuracy, security, reliability or availability of such service or medical advice provided by the Provider(s). Without limiting the foregoing Queo Health shall not remain liable for any loss or damage (whether direct or indirect), including any death of physical disability that you may suffer by reason of using or availing the services from the Providers whether through this Website or through any other means. Queo Health disclaims any liability for any claims related to malpractice, negligence, or deficiencies in the services provided by Providers.
Queo Health is only a platform for e-commerce that facilitates the provision of consultation services offered on this Website, but is not a seller of such consultation services and does not guarantee or sponsor such consultation services. Any consultation services that you purchase via this Website will constitute a contract between you and such Provider. We strongly recommend that you verify the Provider’s credentials, read and understand such Provider’s terms and conditions before proceeding to purchase or avail of such consultation services.
Any cancellation or rescheduling of consultation services will be governed by the respective Provider’s cancellation or rescheduling terms and conditions.
Queo Health may at its sole discretion change the consultation services offered on this Website from time to time.
The Consultation Service is designed for non-urgent medical matters, disorders, and diseases that do not necessitate physical intervention by a healthcare provider or constitute a medical emergency. If You require immediate medical attention or are facing a medical emergency, QUEO HEALTH STRONGLY DISCOURAGES the use of the consultation services. Despite this, if you persist and choose to avail the consultation services, you agree that you are doing so solely at your own discretion and risk.
THE CONSULTATION SERVICES PROVIDED BY THE PROVIDERS SHOULD IN NO EVENT BE VIEWED AS A SUBSTITUTE FOR IN-PERSON CONSULTATIONS. BY AVAILING THE CONSULTATION SERVICES YOU ACKNOWLEDGE THAT YOU ARE FULLY AWARE OF THE RISKS ASSOCIATED WITH AVAILING SUCH CONSULTATION SERVICES AND YOU ARE EXPLICITY PROVIDING YOUR CONSENT TO USE THE CONSULTATION SERVICES.
Any prescriptions and/or recommendations of diagnostic tests issued by the Providers are solely issued at the discretion of the Providers. You should not treat them as entirely accurate, final or conclusive. The Providers bear full responsibility for such prescriptions and/or recommendations. Queo Health does not endorse or engage in the sale or distribution of medicinal drugs. It is your duty and responsibility to verify and we strongly recommend you exercise your judgment and discretion before proceeding further. When you decide to adopt such prescriptions and/or recommendations you are fully aware of the consequences of such a decision and you are expressly consenting to the choice you have made.
You acknowledge and agree that you bear fully responsibility for your choice and action. In no event will Queo Health be responsible, directly or indirectly, for any injury, loss, expense, you may incur as a result of any lapses in your judgement and/or decision making.
By utilizing the consultation services, you grant Queo Health, express consent to record, save and store the consultation service sessions for record-keeping purposes. These records may be produced as evidence under court orders. Queo Health may periodically review such data for quality assurance purposes.
You may be required to make payments to book an appointment, or to purchase certain products or services that are offered for sale on or using this Website. These Terms of Use govern such payments. You also agree to abide by such additional terms which may be required by the third-party seller/service provider informed to you at the time of making the purchase or appointment booking.
To complete an appointment booking, or purchase of a product or service on this Website , you may be directed to a payment gateway for the purposes of completing the payment. In the event of failure during the payment process, please reach out to us using the details mentioned under the section ‘Have a Concern’ below. We shall use our reasonable efforts to provide a solution. Solutions provided could include but not limited to cancellation of the order and initiating refund of any amount deducted or processing the transaction.
Please note in providing you with the payment gateway services, the payment gateway service provider will have access to your personal and financial information required to complete the transaction. Please refer to the payment gateway’s service provider’s own terms and conditions to know about how they use and store your personal and financial information.
Queo Health will not be liable or responsible for any acts or omissions by any third- party payment gateway service provider.
Your appointment scheduling signifies your agreement to these terms and conditions. You affirm that you have read this agreement and understand its contents. Queo Health may modify these terms at any time, with continued platform use signifying acceptance of the new terms.
We and you will not be in default, if either party’s failure to perform any obligations under these Terms of Use (except any payment obligation) is caused by interrupting conditions beyond that party’s reasonable control, including without limitation acts of God, war, civil commotion, strikes, labour disputes, internet service interruptions, pandemics, epidemics, natural calamities, slowdowns, vandalism or hacker attacks, or governmental or regulatory changes or requirements.
These Terms of Use, their subject matter and formation (and any non-contractual disputes or claims) are governed by the laws of the Republic of India.
Any dispute, claim or controversy arising out of or relating to these Terms of Use, including but not limited to their determination of the scope or applicability, your access to this Website , services, products, shall be determined by arbitration. The arbitration proceedings shall be conducted in accordance with the Arbitration and Conciliation Act, 1996, as amended from time to time. The seat of arbitration shall be Thiruvananthapuram, Kerala, India. All such arbitration proceedings shall be conducted in English. The arbitral award shall be final and binding on the parties to the dispute.
Subject to the arbitration proceedings mentioned in the above paragraph, the courts at courts at Thiruvananthapuram, Kerala, India will have exclusive jurisdiction over any disputes arising out of or in relation to these Terms of Use, your use of this Website.
A waiver of any term or condition under these Terms of Use or by law is only effective if given in writing and shall not be deemed to be a waiver of any subsequent right or remedy. Any failure or delay by Queo Health to exercise any term(s) or condition(s) under these Terms of Use or by law shall not constitute a waiver of that of any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under these Terms of Use or by law shall prevent or restrict the further exercise of that or any other right or remedy.
If any provision or part-provision of these Terms of Use becomes or is held by a court or tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of these Terms of Use. The rest of these Terms of Use will continue if full force and effect.
Queo Health reserves the right to amend, revise or update these Terms of Use from time to time without notification. The amended Terms of Use shall be posted to this Website. Every time you wish to use this Website, please check these Terms of Use to ensure you understand the terms that apply at that time. Your use of this Website following such modification constitutes your consent to be bound by the amended Agreement.
You may not assign your rights and obligations under these Terms of Use without the prior written consent of Queo Health. We may transfer or assign our rights and obligations under these Terms of Use to another organisation. We shall notify you in writing if this happens and we shall endeavour that the transfer or assignment shall not affect your rights under this Agreement.
Headings
Headings used in these Terms of Use are used for reference and convenience and shall not affect the interpretation of these Terms of Use.
Have a Concern?
All notices, grievances, queries, report of any abuse or misuse or other communication relating to these Terms of Use, this Website, or purchases should be sent to our email address at contact@queohealth.com or to Queo Health Private Limited, Tc 49/57(1), Nihamath, PRA-19, Kamaleswaram, Manacaud P.O, Thiruvanthapuram, Kerala, India – 695009.
