Terms & Conditions
Life Circles Infomedia Pvt.Ltd., on behalf of itself and its affiliates/group companies under the brand "SexGurus" ("SexGurus"), is the author and publisher of the internet resource www.SexGurus.in and the mobile application 'SexGurus' (together, "Website"). SexGurus owns and operates the services provided through the Website.
1.NATURE AND APPLICABILITY OF TERMS
The Agreement applies to you whether you are -
A medical practitioner or health care provider (whether an individual professional or an organization) or similar institution wishing to be listed, or already listed, on the Website, including designated, authorized associates of such practitioners or institutions ("Practitioner(s)", "you" or "User"); or
A patient, his/her representatives or affiliates, searching for Practitioners 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 SexGurus on the Website, which are offered free of charge to the Users ("Services"), including the following:
For Practitioners: Listing of Practitioners and their profiles and contact details, to be made available to the other Users and visitors to the Website;
For other Users: Facility to (i) create and maintain 'Health Accounts', (ii) search for Practitioners by name, specialty, and geographical area, or any other criteria that may be developed and made available by SexGurus, and (iii) to make appointments with Practitioners.
The Services may change from time to time, at the sole discretion of SexGurus, 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@SexGurus.in.
By downloading or accessing the Website to use the Services, you irrevocably accept all the conditions stipulated in this Agreement, the Terms of Services and privacy Policies 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 SexGurus.
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 SexGurus 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.
The terms in this Clause 3 are applicable only to Users other than Practitioners.
3.1END-USER ACCOUNT AND DATA PRIVACY
SexGurus 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 SexGurus's services and to build new services.
The Website allows SexGurus to have access to registered Users' personal email or phone number, for communication purpose so as to provide you a better way of booking appointments and for obtaining feedback in relation to the Practitioners and their practice.
The type of information collected from Users, including sensitive personal data or information;
The purpose, means and modes of usage of such information;
How and to whom SexGurus will disclose such information; and,
Other information mandated by the SPI Rules.
the fact that certain information is being collected;
the purpose for which the information is being collected;
the intended recipients of the information;
the nature of collection and retention of the information; and
the name and address of the agency that is collecting the information and the agency that will retain the information; and
the various rights available to such Users in respect of such information.
SexGurus 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 SexGurus or to any other person acting on behalf of SexGurus.
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 SexGurus of any actual or suspected unauthorized use of the User's account or password. Although SexGurus will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of SexGurus or such other parties as the case may be, due to any unauthorized use of your account.
If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or SexGurus has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, SexGurus has the right to discontinue the Services to the User at its sole discretion.
SexGurus may use such information collected from the Users from time to time for the purposes of debugging customer support related issues.
RELEVANCE ALGORITHM SexGurus's relevance algorithm for the Practitioners is a fully automated system that lists the Practitioners, their profile and information regarding their Practice on its Website. These listings of Practitioners do not represent any fixed objective ranking or endorsement by SexGurus. SexGurus will not be liable for any change in the relevance of the Practitioners on search results, which may take place from time to time. The listing of Practitioners will be based on automated computation of the various factors including inputs made by the Users including their comments and feedback. Such factors may change from time to time, in order to improve the listing algorithm. SexGurus in no event will be held responsible for the accuracy and the relevancy of the listing order of the Practitioners on the Website.
3.2LISTING CONTENT AND DISSEMINATING INFORMATION
SexGurus collects, directly or indirectly, and displays on the Website, relevant information regarding the profile and practice of the Practitioners listed on the Website, such as their specialization, qualification, fees, location, visiting hours, and similar details. SexGurus takes reasonable efforts to ensure that such information is updated at frequent intervals. Although SexGurus screens and vets the information and photos submitted by the Practitioners, it cannot be held liable for any inaccuracies or incompleteness represented from it, despite such reasonable efforts.
3.3The Services provided by SexGurus 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). SexGurus does not provide or make any representation, warranty or guarantee, express or implied about the Website or the Services. SexGurus 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, SexGurus 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 SexGurus or any User in relation to any User or services provided by such User.
3.3.1The Website may be linked to the website of third parties, affiliates and business partners. SexGurus 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 SexGurus endorses the linked site. User may use the links and these services at User's own risk.
3.3.2SexGurus 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.
3.3.3If SexGurus determines that you have provided fraudulent, inaccurate, or incomplete information, including through feedback, SexGurus reserves the right to immediately suspend your access to the Website or any of your accounts with SexGurus and makes such declaration on the website alongside your name/your clinic's name as determined by SexGurus for the protection of its business and in the interests of Users. You shall be liable to indemnify SexGurus for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected SexGurus or its Users.
The terms in this Clause 4 are applicable only to Practitioners.
4.1 LISTING POLICY
4.1.1SexGurus, directly and indirectly, collects information regarding the Practitioners' profiles, contact details, and practice. SexGurus reserves the right to take down any Practitioner's profile as well as the right to display the profile of the Practitioners, with or without notice to the concerned Practitioner. This information is collected for the purpose of facilitating interaction with the End-Users and other Users. If any information displayed on the Website in connection with you and your profile is found to be incorrect, you are required to inform SexGurus immediately to enable SexGurus to make the necessary amendments.
4.1.2SexGurus shall not be liable and responsible for the ranking of the Practitioners on external websites and search engines
4.1.4SexGurus reserves the right to moderate the suggestions made by the Practitioners through feedback and the right to remove any abusive or inappropriate or promotional content added on the Website. However, SexGurus shall not be liable if any inactive, inaccurate, fraudulent, or non- existent profiles of Practitioners are added to the Website.
4.1.5Practitioners explicitly agree that SexGurus reserves the right to publish the Content provided by Practitioners to a third party including content platforms.
4.1.7You as a Practitioner hereby represent and warrant that you will use the Services in accordance with applicable law. Any contravention of applicable law as a result of your use of these Services is your sole responsibility, and SexGurus accepts no liability for the same.
5.LIMITATION OF LIABILITY
In no event, including but not limited to negligence, shall SexGurus, 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 Practitioners 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.
8.RETENTION AND REMOVAL
SexGurus 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
9.1You agree that this Agreement and any contractual obligation between SexGurus and User will be governed by the laws of India.
9.2Any 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 SexGurus. 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.
9.3Subject 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
10.1If a User has any questions concerning SexGurus, the Website, this Agreement, the Services, or anything related to any of the foregoing, SexGurus customer support can be reached at the following email address: support@SexGurus.in or via the contact information available from the following hyperlink: www.SexGurus.in/contact.
10.2In accordance with the Information Technology Act, 2000, and the rules made there under, if you have any grievance with respect to the Website or the service, including any discrepancies and grievances with respect to processing of information, you can contact our Email: privacy@SexGurus.in
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.
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.
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 SexGurus. Any consent by SexGurus to, or a waiver by SexGurus 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.