Terms and Conditions
This Terms and Conditions governs your use of this website www.myoncopartner.com (the "Platform") with effect from the first date of your use of this Platform. This Terms and Conditions of Use (the "Terms and Conditions") represent a legal agreement between MyOncoPartner ( “Company*” “Our”, “We”, “Us”) and an individual member ("you", "your", “yourself”, “user”).
This Terms and Conditions are formulated and published pursuant to the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that requires the publication of Terms of Use and Privacy Policy for access or usage of a website.
The Company reserves the right to modify the terms contained in this Agreement at any time by posting such modifications on the platform. The modified Agreement would be effective from the date of modification that is posted by the Company on the platform. If you do not agree to any term that is contained in this Agreement, please immediately cease your use of the Platform.
1. Use of the platform
As a user of the Platform, your involvement is purely voluntary and you acknowledge that any information received from the platform is not intended to replace professional medical advice, diagnosis, treatment or care relating to your health. MyOncoPartner only provides information or consultative services for known or previously diagnosed conditions, but does not diagnose, prescribe, or make treatment decisions. You may discuss the information received from us either through the platform or by other means with any medical professional of your choice and make your own decisions regarding your treatment and healthcare. You should not solely rely on the information provided by us for your healthcare. Please always seek medical attention from your treating physician or your healthcare provider, and in case of an unexpected medical emergency, immediately seek help from a doctor or emergency services.
2. Information Service, Not a Medical Advice
MyOncoPartner may provide information to you as part of its services. The information should never be taken as medical advice and should not relied solely as a guidance for healthcare. MyOncoPartner does not offer medical guidance, provide healthcare and does not represent the practice of medicine, nursing, or any other healthcare profession. MyOncoPartner does not diagnose, prescribe medication, treat or give instructions and does not hold ultimate control over your healthcare. Any information provided by us and through the platform are for educational and informational purposes only. Using the platform does not establish a doctor-patient relationship. MyOncoPartner recommends that you share any reports or information provided by us with your medical professional or your treating physician.
3. Pricing, Payment, and Refund
As a User of the Platform, you agree that the pricing for services rendered by MyOncoPartner shall be based on the specific services chosen by you. Payment for these services is to be made securely through the platform, in accordance with the selected service.
Once payment is made, refunds will generally not be provided. However, MyOncoPartner reserves the right to evaluate refund requests on a case-by-case basis, considering the circumstances and nature of the service provided. This determination shall be at the sole discretion of MyOncoPartner.
4. User Eligibility
The Platform is only available to individuals whose age is 18 years or above. Participants under the age of 18 are not allowed to use the platform. By agreeing to this Terms and Conditions, you confirm that you are 18 years of age or above, capable of understanding and following the rules outlined herein.
5. Privacy
MyOncoPartner values your privacy and the personal information you provide. In order to provide efficient services to you, MyOncoPartner may need to collect, use, and disclose your personal information according to this Terms and Conditions and our Privacy Policy. By accepting this Terms and Conditions, you give permission for MyOncoPartner and its officers, directors, employees, contractors, retainers, interns, agents, affiliates and third-party service providers, up on your consent, to use and disclose your personal information in line with this Terms and Conditions and the Privacy Policy, and for the purpose of rendering services to you.
6. Term and Termination
The term of this Terms and Conditions will commence on the date which you start using the platform, unless earlier terminated either by you or MyOncoPartner. You have the right to terminate this Terms and Conditions and withdraw yourself from using the platform and from availing its services at any time. To withdraw your acceptance from availing any services provided by the platform, you must contact MyOncoPartner by sending an email to support@myoncopartner.com. Your acceptance to the Terms and Conditions will terminate within thirty (30) days after MyOncoPartner receives your cancellation request and the termination will be acknowledged by MyOncoPartner through e-mail. MyOncoPartner reserves the right to terminate this Terms and Conditions and your access to the platform if you have provided false or misleading information or violated this Terms and Conditions. MyOncoPartner may, with notice and in its sole discretion, forthwith terminate your access and block or prevent your future access to the platform in case you breach or violate any terms of this Terms and Conditions or the Privacy Policy or in case MyOncoPartner learns or reasonably suspects you to be ineligible to access the platform and/or avail of any services provided by the platform in the course thereof
7. Representation by the User
By using the Platform, you guarantee that you have the legal right to do so and your participation does not breach any applicable laws, regulations, or intellectual or proprietary rights of others, including privacy and confidentiality rights.
You acknowledge and agree that any documents, files, or information shared by you on the myoncopartner platform will be stored on the platform of OncoPHR. You understand that this storage is essential for the proper functioning of the services provided by MyOncoPartner and OncoPHR, particularly for the management of your health-related information and related recommendations.
You agree to indemnify, defend and hold harmless MyOncoPartner, its officers, directors, employees, contractors, retainers, interns, agents, affiliates and third-party service providers from and against all losses, damages, expenses, harm, injury and/or death which you, or any third party may suffer, howsoever arising, in connection with or resulting from your violation of this Terms and Conditions and/or your use of the platform and/or your infringement of any intellectual property or other right of MyOncoPartner.
8. Disclaimer of Warranty
To the fullest extent allowed by law, the information provided by MyOncoPartner are given to you on ‘as is’ basis, without any warranties of any kind. The information provided is not a medical advice or to be relied on for medical diagnosis or treatment at anytime. It is only intended for informational and consultative purposes. MyOncoPartner and its affiliates, including licensors, partners, consultants, suppliers, employees, and agents, do not guarantee the accuracy, reliability, usefulness, completeness, or timeliness of the information provided, and they explicitly reject all warranties, expressed or implied, statutory or otherwise, including but not limited to warranties of merchantability, non-infringement, and fitness for a particular purpose.
9. Limitation of Liability
MyOncoPartner and its affiliates, partners, consultants, suppliers, employees, and agents will not be held responsible for any indirect, special, consequential, or punitive damages arising from any cause, including but not limited to, health issues, loss of profits, delays, business interruptions, lost data or documentation, or third-party liabilities. This limitation applies regardless of the basis of the claim, whether it be warranty, contract, tort, or any other legal theory, and whether or not MyOncoPartner has been informed of the potential damages. By agreeing to this Terms and conditions, you voluntarily assume any risks associated with using the platform and release MyOncoPartner from any potential injury, including bodily injury, and any claims due to intentional misconduct, negligence, or gross negligence. You hereby acknowledge your full understanding and willingness to accept any risks associated with your use of the platform and waive MyOncoPartner from liability in relation to such use.
10. Proprietary Rights
MyOncoPartner, along with its affiliates and licensors, holds complete rights, ownership, and interests in the Platform and its components, including all intellectual property rights in materials such as opinions, text, graphics, logos, button icons, images, audio and video clips, and software. this Terms and conditions do not restrict, transfer, convey, encumber, alter, impair, or negatively impact MyOncoPartner's, its affiliates', and/or their licensors' ownership or proprietary rights in the Platform or any other of their information, processes, methodologies, products, goods, services, trademarks, or materials, in any form or medium.
11. Change in Features
MyOncoPartner, its affiliates, and content providers reserve the right to modify, update, supplement, limit, discontinue, remove or disable access to the Platform and/or any services or features thereof without notice to you and neither MyOncoPartner, its affiliates, clients nor content providers nor any of their respective licensors shall be liable to you or any third party for exercising such rights.
12. Governing Law
This Terms and Conditions and the Platform, including any content and information contained therein shall be governed by the laws of the Republic of India. You consent to the jurisdiction of the courts of Chennai, Tamil Nadu, India, with respect to any proceedings arising out of this Terms and Conditions, provided that MyOncoPartner shall be entitled to institute such proceedings in any other appropriate venue if it so chooses.
13. Territorial Restriction
The Platform is made available for the users from/in India. If you are a user accessing the Platform from the United States of America, European Union, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from Indian laws, please be advised that through your continued use of the Platform, which is governed by Indian law, you are transferring your personal information to India and you consent to that transfer and to the collection and usage of your personal information in accordance with the laws of the Republic of India.
*Company includes the owner of the Platform, i3 Partners GmbH, having its registered office at In den Steinreben 4d, Reinach BL, 4153, Switzerland, its affiliates, and licensees.