TERMS AND CONDITIONS FOR CFT HEALTHCARE

These Terms and Conditions (“Terms and Conditions”) govern your use of our website (“Website”). These Terms and Conditions mandate the terms on which you will access the Website and/or avail the Services (as defined below).

The Website is owned and operated by CFT Healthcare Private Limited, a private company incorporated under the provisions of Indian Companies Act, 2013 bearing CIN U70200PN2024PTC229546 and having its office at Flat No.301, Manish Plaza, SN.16/B, CTS-756, NIBM Road, Khondhwa KH, Pune City, Maharashtra, India, 411048. For the purpose of these Terms and Conditions, wherever the context so requires, “You”, “Your”, or “User” shall mean any natural or legal person who either visit the Website or avail the Services. The terms “CFT healthcare”, “We”, “Us” or “Our” shall mean CFT Healthcare Private Limited. By utilising Our Website you are hereby accepting these Terms and Conditions, you acknowledge and agree to these Terms and Conditions and other policies that We make applicable to you from time to time, to the fullest extent possible.

Your use of the Website is governed by the following terms and conditions as applicable, including the applicable policies which are incorporated herein by way of reference. By accessing, using, uploading any information to the Website and/or downloading any information from the Website, you shall be contracting with and these terms and conditions including the policies constitute your binding obligations, with Us. If you do not accept and agree to the Terms and Conditions, do not access, use, upload and/or download any information from the Website.

1. Eligibility:

You expressly acknowledge and agree that:

1. 1. You are a legal person of at least eighteen (18) years of age;
   2. You are capable of entering and authorized to enter into a legally binding agreement;
   3. In the event you are acting on behalf of an entity, its employees, officers, representatives, and other agents accessing our Website are duly authorized to access the same and avail our Services;
   4. all registration information you submit is accurate and truthful;
   5. the accuracy of such information will be maintained by You;
   6. You are in no way prohibited from accessing our Website or using the Services under the applicable laws;
   7. You are an entity duly constituted and validly existing under the Indian law,

1. Services:

1. 1. We broadly provide healthcare revenue management services (“Services”). These shall include any value-added services as may be updated on the Website by us from time to time at our sole discretion.
   2. We are entitled to undertake enhancements to the Services for customer experience which may also be in the nature of optimization procedures.
   3. You acknowledge that you shall be required to provide up to date, correct and accurate information.
   4. You undertake not to access or attempt to access the Services provided by us on our Website by any means other than as provided by Us.

1. Content of Website:

1. 1. We may at any time in its sole and absolute discretion modify these Terms and Conditions without notice to you and your continued access or use of the Website will be subject to the Terms and Conditions in force at the time of such access or use. Accordingly, you should review the Terms and Conditions periodically as your continued access or use of the Website shall be deemed to be your acceptance of the amended Terms and Conditions.
   2. Whilst every effort is made to update the information contained on this Website on a regular basis, CFT Healthcare makes no representations or warranties, whether express, implied in law or residual, as to the accuracy, completeness or reliability of information, opinions, data and/or content contained on the Website and shall not be bound in any manner by any information contained on the Website. We reserve the right at any time to change the content or discontinue without notice, any aspect or feature of the Website. No opinions, research information, data or content contained on the Website (and whether posted by Us its direct and/or indirect subsidiaries or affiliate companies or a third party) should be construed as advice and same are offered for information purposes only.

1. Links to other websites:

1. 1. Links to the direct and indirect subsidiary and affiliate companies of CFT Healthcare will be provided on the Website for your convenience, however We will not have any control over the content that is loaded, amended or deleted from such websites and assumes no liability is this regard. The use of or reliance on the content linked to the Website does not imply endorsement by CFT Healthcare of such site or the contents thereof. Use of or reliance on any such links is at your own risk. Any confirmed request price is subject to change, if there is a change in or imposition of a charge, tax or levy by the Government which may become applicable and increase the price of the Services.
   2. External links, including links to other websites that are not associated with the direct and indirect subsidiary and affiliate companies of CFT Healthcare, may be provided for your convenience, but they are beyond Our control and no representation is made as to their content. The inclusion of any link does not imply Our endorsement of such site or the contents thereof. Use of or reliance on any external links is at your own risk. No hypertext links may be created from any website controlled by you (whether directly or indirectly) to the Website without the express prior written permission of CFT Healthcare.

1. Privacy:

These Terms and Conditions are to be read in consonance with the Privacy Policy as uploaded on the Website. CFT Healthcare understands the importance of protecting your personal data. Our Privacy policy applies to the use of the Website and it also sets out how We manage your personal data. Any personal data collected from you during your access or use of the Website will be collected and managed in terms of the Our Privacy Policy, as amended from time to time, and all applicable privacy and data protection laws.

1. Representation, Warranties and Covenants:

You hereby represent, warrant and covenant that:

1. 1. You shall not impersonate any person or entity, falsely claim or otherwise misrepresent an affiliation with any person or entity, or access the accounts of others without permission, forge another person’s digital signatures or perform any other fraudulent activity;
   2. Except as expressly provided herein, all warranties, responsibilities, express or implied, written or oral, including but not limited towards warranties of merchantability, any service interruptions (including on account of communication outages, system failures or other interruptions that may affect the Services) along with fitness of Services are disclaimed and We do not warrant that the functions contained in the Website shall be uninterrupted or error free.

1. Confidentiality and Intellectual Property:

1. 1. You as well as we acknowledge that, pursuant to these Terms and Conditions, either or both of us may have access to certain confidential information of the other and accordingly, each Party agrees not to disclose to any third party any confidential information of a disclosing Party.
   2. You shall ensure that no person who has access to our Website shall reverse engineer, decompile or disassemble any part of the Website or Services shared/disclosed by us, or write or develop any derivative software or any other software program based thereon.
   3. Copyright and all intellectual property rights in and to all materials, texts, drawings and data made available on the Website (collectively “Materials”) are owned by CFT Healthcare alternatively, CFT Healthcare is the lawful user thereof and same are protected by international intellectual property laws. Accordingly, any unauthorized copying, reproduction, retransmission, distribution, dissemination, sale, publication, broadcast or other circulation or exploitation of the Materials or any component thereof will constitute an infringement of such copyright and other intellectual property rights. The trademarks, names, logos and service marks (collectively “Trademarks”) displayed on the Website are the registered and unregistered Trademarks of CFT Healthcare. Nothing contained on the Website should be construed as granting any licence or right to use any Trademark without Our prior written permission. Without detracting from this, We hereby authorizes you to view and use the content of this Website, or any part thereof, provided that such content is used for information purposes only.
   4. All worldwide rights, title and interest in and to the Services (including without limitation ownership of all intellectual property rights therein) shall be owned by Us. You understand and agree that the customizations, if any, carried out for and on behalf of you shall be Our intellectual property rights and that you can only use such additional modifications/ amendments during the term of the engagement.

1. Disclaimer and Limitation of Liability:

CFT Healthcare makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the Website. To the extent permitted by applicable laws, We shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party, as a result of or which may be attributable, directly or indirectly, to your access and/or use of the Website and any information contained on the Website and you waive any and all claims which you may have against CFT Healthcare in respect of any loss, liability, damage (whether direct, indirect or consequential) or expense of any nature whatsoever, which may be suffered by you as a result of or which may be attributable directly or indirectly to the aforesaid. These limitations of liability shall apply regardless of the form of action, whether in contract, tort, delict, strict liability or otherwise, and regardless of whether either party has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, We  shall not be liable for any indirect, contingent or consequential loss (including but not limited to loss of business or loss of profits) incurred or sustained by you or any third party howsoever arising in respect of your use of or reliance on the Website or any information offered on or via the Website.

1. Indemnity:

You hereby agree to indemnify defend and hold harmless CFT Healthcare, its subsidiaries, affiliates, officers, directors, employees, service providers, contractors, licensors and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debts, and expenses, including but not limited to attorney’s fees, arising from your use and access to the Website; resulting from or alleged to result from, your violation of any of these Terms and Conditions; violation of any third party right, including without limitation any copyright, property, or privacy right; and your breach of any applicable laws.

1. Transmission of Information:

Your attention is drawn to the fact that information transmitted via the internet to CFT Healthcare is susceptible to monitoring and interception. We reserve the right to request independent verification in compliance with all applicable laws of any information transmitted and your consent to such verification should CFT Healthcare deem it necessary. You further agree not to use the Website to send or post any message or Material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, sexually orientated, racially offensive, profane, pornographic or which violates any applicable laws and you hereby indemnify CFT Healthcare against any loss, liability, damage or expense of whatever nature which CFT Healthcare or any third party may suffer which is caused by or attributable to, whether directly or indirectly, such use of the Website.

1. Dispute Resolution, Governing Law and Jurisdiction:

1. 1. These Terms and Conditions shall be governed by and construed in accordance with the laws of India.
   2. Any difference, dispute, conflict or controversy, including any question as to its existence, validity or termination, arising out of or in connection with these Terms and Conditions (“Dispute”) shall, if not amicably settled within 30 (thirty) days after the receipt by one Party of a written notice from the other Party of the existence of such Dispute, be referred to and resolved in accordance with the Arbitration and Conciliation Act, 1996 or any amendment thereof by a sole arbitrator mutually appointed by the Parties. The seat and venue of arbitration shall be Pune, India and the arbitration shall be conducted in English. The award of the arbitrator shall be final and binding upon the Parties. Each Party shall bear its own cost of arbitration.
   3. The Courts at Pune, India shall have sole and exclusive jurisdiction over any matters related to these Terms and Conditions.

1. Objectionable Material:

1. 1. You agree to use the Website and/or the Services, at your sole risk and that to the fullest extent permitted under applicable laws, wherein We and Our affiliates shall have no liability to you for content/s that may be deemed offensive, indecent or objectionable to you.
   2. You agree to inform Us if you come across any content/s that is/are offensive or violate these Terms and Conditions or infringes any intellectual property rights so as to enable Us to keep the Website working efficiently and in a safe manner. We reserve the right to take down any such content/s and further take all reasonable technical and legal steps to prevent the misuse of the Website in keeping with the letter and spirit of these Terms and Conditions. In the event you encounter any problems with the use of the Website or the Services you are requested to report the problem by E-mail to us at info@cfthealthcare.com.

1. Miscellaneous Terms:

1. 1. You agree that any violation of these Terms and Conditions will cause irreparable harm and damage to us, for which monetary damages would not be an adequate remedy. You hereby agree that we have a right to obtain an injunctive or equitable relief that we may deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies that we may have at law or in equity.
   2. Nothing contained herein shall be deemed or construed by the Parties nor by any third party as creating a relationship of a partnership or a joint venture or an owner and an agent, it being understood and agreed that neither any provision contained herein, nor any act of the Parties hereto, shall be deemed to create any relationship between the Parties hereto, other than as contemplated herein.
   3. You agree that you may not and will not hold yourself out as Our representative, agent, or employee and shall not be liable for any representation, act or omission on your part.
   4. These Terms and Conditions constitute the sole record of the agreement between you and CFT Healthcare in relation to the subject matter hereof. Neither you nor CFT Healthcare shall be bound by any express, tacit or implied representation, warranty, promise or the like not recorded herein.
   5. These Terms and Conditions supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and CFT Healthcare in respect of the subject matter hereof. No addition to, variation or agreed cancellation of any provision of these Terms and Conditions shall be binding upon Us.
   6. No indulgence or extension of time which CFT Healthcare may grant to you will constitute a waiver of or, whether by estoppel or otherwise, limit any of Our existing or future rights in terms hereof, save in the event or to the extent that We have signed a written document expressly waiving or limiting such rights.
   7. We shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of these Terms and Conditions to any third party without notice to you.
   8. All provisions of these Terms and Conditions are, notwithstanding the manner in which they have been linked grammatically, severable from each other. Any provision of these Terms and Conditions which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatever shall, in such jurisdiction only and only to the extent that it is so unenforceable, be disregarded and the remaining provisions of these Terms and Conditions shall remain of full force and effect.