5C Network

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5C Network Pvt. Ltd.Bengaluru, Karnataka 560076
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+91-9587274858communication@5cnetwork.com
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Open 24 hoursMonday to Sunday
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Terms Of Use

Introduction
These Terms of Use (“Terms”) shall govern your use of this website and shall constitute valid and binding agreement between you and 5C Network (India) Private Limited with its registered office at #313, 7th Main Rd, opposite Ashirwad Supermarket, Mico Layout, BTM 2nd Stage, Bengaluru, Karnataka 560076 (hereinafter referred to as “Company” which term includes the Company’s successors-in-interest, assignees and subsidiaries). The Terms contained hereunder shall be in addition to and shall supplement and shall not be in derogation to any contractual terms that may be agreed between you and the Company. In the event of any conflict between these Terms and any contract that the Company may have signed with you, such contract shall prevail. These Terms govern only your usage of the website and not the Company’s Services.Please read these Terms carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to all the Terms herein, you may not access the website or use any services. If these Terms are considered an offer, acceptance is expressly limited to these Terms.
Services
The Company provides inter alia, teleradiology and tele-diagnostics services and solutions (“Services”). An individual (“Patient”), may undergo a radiology test like an x-ray, MRI or CT at one of the Company’s radiology/diagnostic partners (“Diagnostic Partner”), either directly or through certain third-party diagnostic aggregators of the Company (“Aggregators”). The Patient may choose to give any blood sample or other lab sample or any radiology imaging or scans (“Diagnostic Material”). The Company receives such Diagnostic Material from that Diagnostic Partner and makes them available to a qualified radiologist or other diagnosticians(“Diagnostician”). The Diagnostician prepares a “Report” based on the Diagnostic Material and the Company then sends back the Report to the Diagnostic Partner.In the course of the provision of Services, the Company will enter into separate contractual arrangements with its Diagnostic Partners, Aggregators and Diagnosticians. The terms contained in such agreements shall govern the relationship between the Company and each of these counterparties of the Company.Nothing in these Terms binds the Company to provide any Services to the user of the website who accesses these Terms unless the user enters into specific agreements with the Company.The Company may provide certain demo/trial services to certain Diagnostic Partners/hospitals/prospective customers in accordance with a separate trial agreement/demo agreement that may be entered into with such parties by the Company.
Personal Information
The Company may collect certain Personal Information from the users of the website or its counterparties or their users and the Company’s collection, storage, processing and usage of such Personal Information shall be in accordance with the Company’s Privacy Policy available on the website and incorporated herein by reference.
Terms of Usage
You hereby represent and warrant that you shall make use of the website as a prudent, reasonable and law-abiding citizen.In its sole discretion, the Company may suspend your use of the website or terminate your access under these Terms.The Company shall not be responsible for the unavailability of the website or any delay or failure resulting from any reason whatsoever, including but not limited to infrastructure issues, server uptime, network availability and connectivity.You agree not to use any data mining, robots or similar data and/or image gathering and extraction methods in connection with the Services or the website.You shall not use the website to do anything that is contrary to the law, decency or morality.You shall not use the website to make unsolicited offers, advertisements, proposals, or send junk mail or spam to others.You shall not use the website or its content to submit false or misleading information.You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.You shall not use the website to collect or track the personal information of others.You shall not take any action that would cause the Company to suffer any types of losses.You agree not to collect or harvest from the website any personally identifiable information, including account names, or to use the communication platforms provided by the website (e.g., comments, email) for any commercial solicitation or other purposes.In your use of the website, you shall always comply with all applicable laws.You shall not copy, reproduce, make available online or electronically transmit, publish, adapt, distribute, transmit, broadcast, display, sell, licence, or otherwise exploit the content on the website. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the website, use of the website, or access to the website or any contact on the website through which the service is provided, without express written permission from us.You agree not to hack, circumvent, disable, corrupt or otherwise interfere with security-related features of the website or features that prevent or restrict the use or copying of any content or enforce limitations on the use of the website or the content therein. You shall also not attempt to affect the performance or functionality of any facilities available on the website.In your use of the website, you shall not transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene hack into any aspect of the website.Except for the Services explicitly provided, the Company does not provide, control or endorse any third-party information, products or services in any manner whatsoever, even if such third party information, products or services are advertised on the website. The website may contain links to other websites (“Linked Websites”), which are not moderated or operated by the Company. The Company has no control over the Linked Websites and accepts no responsibility for them or for any loss or damage that may arise from your use of such Linked Websites. Your use of the Linked Websites will be subject to the terms of use and service of such Linked Website.The Company will not be liable for any loss or damage caused by distributed denial-of-service attacks, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the website or download of any material from the website.Breach of the above clauses shall amount to a criminal offence under the National Cyber Security Policy 2013. The Company shall report any such breach and disclose your identity to the relevant law enforcement authorities.
User Comments, Feedback and Other Submissions
If at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary rights. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.
Termination
Notwithstanding anything to the contrary in these Terms, any other terms, or any other communication between you and the Company, Company may terminate you access to the website or the Services at any time with or without notice, and for or without any reasons, with absolutely no liability to you.Without prejudice to the foregoing:
  • Company reserves the right to terminate these Terms without notice and without liability to you on becoming aware that you have violated these Terms or any other guidelines and rules published in respect of the Services.
  • If the Company reasonably concludes based on information available to the Company that your actions and/or performance in connection with the Terms may result in a significant number of customer disputes, chargebacks or other claims in connection with the website, Company may block, restrict, disable, suspend or terminate your access to all or part of the Services at any time in Company’s discretion, without prior notice or liability to you.
Refund Policy
All Sales & Services are final and non-refundable in nature. We cater services to our clients based on mutual agreement. For any queries, you can write to us at 5caccounts@5cnetwork.com.
Warranty
No advice or information, whether oral or written, obtained by you through the Services or access to the website will constitute or create any representation or warranty not expressly stated herein as against the Company.You expressly agree that the use of the Services and/or this website is at your sole risk. The Services and any data, information, third-party software, reference sites, services, or software made available in conjunction with or through the Services or through the website are provided on an “as is” and “as available,” “with all faults” basis and without warranties or representations of any kind either express or implied.We do not guarantee, represent or warrant that your use of our service or the website will be uninterrupted, timely, secure or error-free.We do not warrant that the results that may be obtained from the use of the service or of the website will be accurate or reliable.You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.You hereby agree that the Company does not provide any insurance regarding any of the services rendered by it on its own, or through its affiliates, agents or assignees.In no case shall the Company, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the website, Service, or for any other claim related in any way to your use of the website, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the Service or the website, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Intellectual Property
The Company and its licensors, if any, shall be the sole and absolute owners of the Services, including but not limited to the idea behind the website and/or Services, the copyright in all content on the website and all trademarks, designs, logos and other insignia of trade used on the website and elsewhere during the performance of the Services, all of which are subject to protection under patent, copyright, trademarks and trade secret and other intellectual property laws of India and other countries. You may use the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this website nor may you use any such content in connection with any business or commercial enterprise. Any copying of any part of the website and/or the Services or marks shall entail immediate termination of these Terms without prejudice to the other rights and remedies of the Company, including for civil wrongs and criminal offences.
Limitation of Liability
The Company has undertaken great care to ensure that all the information on the website is accurate, but the Company neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or service, or any content on the website. In no event shall the Company, its officers, partners and employees, or its contractors, agents, licensors, partners, or suppliers or those of its affiliates be liable to you for any direct, special, indirect, incidental, consequential, punitive, or exemplary damages (including without limitation lost business opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever), whether based on contract, tort, negligence, strict liability or otherwise, even if the company or an authorized representative has been advised of the possibility of such damages, arising out of or relating to (i) the use or the inability to use the services/ website; (ii) unauthorized access to or alteration of your transmissions or data; (iii) delay or inability to use the website or related services, the provision of or failure to provide services / website, or for any information, software, products, services and related graphics obtained through the website, or otherwise arising out of the use of the website, or (iv) any other matter relating to the services, including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the website or service. if the foregoing limitation is not enforceable, the maximum liability of the company shall be inr 500/- (indian rupees five hundred only).You acknowledge and agree that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between you and the Company and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between you and Company. The Company would not be able to provide the Service or access to the website to you on an economically reasonable basis without these limitations.The Company shall not be held responsible for the non-availability of the website during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason beyond the Company's control. You understand and agree that any material and/or data downloaded or otherwise obtained through the website is done entirely at your own discretion and risk and you will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data.The Services/ website are controlled and offered by the Company from its facilities in India. If you are a user outside India, please take note the Company is subject only to Indian law and only to the jurisdiction of Indian courts. The Company makes no representations that the Services/ website are appropriate or available for use in other locations. Therefore, if you are a user outside India, you may use the services solely of your own volition and at your own risk. You shall be solely responsible for compliance with local law.
Miscellaneous
You hereby agree to defend, indemnify and hold harmless the Company, its affiliates, officers, partners, employees, consultants and agents, from and against any and all third party claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of the Services/website; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right. This indemnification obligation shall survive these Terms and use of the Services.These Terms are governed by and shall be construed in accordance with the laws of the Republic of India without respect to its conflict of laws provisions. Disputes, if any, shall be attempted to be resolved amicably for thirty (30) days. Unresolved disputes shall be referred to an independent, sole arbitrator in Bangalore appointed by the Company in accordance with the procedure established by the Arbitration and Conciliation Act, 1996. Subject to the foregoing, you hereby consent to the exclusive jurisdiction of the Courts in Bangalore.All headings used in these Terms are for convenience only and shall not affect the construction hereof. No failure or delay in exercising any right, power or remedy hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power or remedy hereunder. No waiver of any provision hereof shall be effective unless the same shall be in writing and signed.If any provision of these Terms is prohibited or unenforceable, it shall be ineffective only to the extent of such prohibition or unenforceability, and such prohibition or unenforceability shall not invalidate the balance of such provision to the extent it is not prohibited or enforceable nor the remaining provisions hereof, nor render unenforceable such provision in any other jurisdiction. In the event any provisions of these Terms shall be held to be invalid, illegal or unenforceable, the parties hereto shall use their best efforts to substitute valid, legal and enforceable provisions which, insofar as practical, implement the purposes hereof.The remedies herein provided are cumulative and not exclusive of any remedies provided by law.If the whole or any part of the performance of the respective obligations of the parties hereunder is prevented or delayed by reasons of natural calamities, war, arson, civil disturbance, and such other reasons beyond the reasonable control of a person (each a “Force Majeure Event”), then to the extent either party shall be prevented or delayed from performing all or any part of their respective obligations under these Terms despite due diligence and reasonable efforts to do so, then such party shall be excused from performance hereunder for so long as reasons of Force Majeure Event. A Force Majeure Event shall not affect the payment obligations of the parties unless there is legal bar / embargo to the making of the payments.The right to use the Services/ website is personal to the User and is not transferable by assignment, sublicense, or any other method to any other person or entity.