MeetXO Terms & Conditions – User Guidelines

MeetXO Consulting Private Limited, on behalf of itself and its affiliates/group companies under the brand 'MeetXO' (“MeetXO”), is the author and publisher of the internet resource www.meetxo.ai and the mobile application MeetXO (together, “Website”).

1. NATURE AND APPLICABILITY OF TERMS

Please carefully go through these terms and conditions (“Terms”) and the privacy policy available at https://www.meetxo.ai/privacy-policy (“Privacy Policy”) before you decide to access the Website or avail the services made available on the Website by MeetXO. These Terms and the Privacy Policy together constitute a legal agreement (“Agreement”) between you and MeetXO in connection with your visit to the Website and your use of the Services (as defined below).

The Agreement applies to you whether you are - A Professional service 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 Professional or institutions (“Professional(s)”, “you” or “User”); or A Guest, his/her representatives or affiliates, searching for Professional 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 MeetXO on the Website, which are offered free of charge to the Users (“Services”), including the following: For Professional: Listing of Professional and their profiles and contact details, to be made available to the other Users and visitors to the Website; The Services may change from time to time, at the sole discretion of MeetXO, 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 [email protected]. By downloading or accessing the Website to use the Services, you irrevocably accept all the conditions stipulated in this Agreement, the Subscription Terms of Service and Privacy Policy, 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 MeetXO. 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 MeetXO 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.

3.TERMS OF USE APPLICABLE TO ALL USERS OTHER THAN Professional

The terms in this Clause 3 are applicable only to Users other than Professional.

3.1 END-USER ACCOUNT AND DATA PRIVACY

3.1.1 The terms “personal information” and “sensitive personal data or information” are defined under the SPI Rules, and are reproduced in the Privacy Policy.
3.1.2 MeetXO 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 MeetXO’s services and to build new services.
3.1.3 The Website allows MeetXO 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 Professional and their practice.
3.1.4 The Privacy Policy sets out, inter-alia:
- 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 MeetXO will disclose such information and
- Other information mandated by the SPI Rules.
3.1.5 The User is expected to read and understand the Privacy Policy, so as to ensure that he or she has the knowledge of, inter-alia:
- 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
- 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.
3.1.6 MeetXO 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 MeetXO or to any other person acting on behalf of MeetXO.
3.1.7 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 MeetXO of any actual or suspected unauthorized use of the User’s account or password. Although MeetXO will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of MeetXO or such other parties as the case may be, due to any unauthorized use of your account.
3.1.8 If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or MeetXO has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, MeetXO has the right to discontinue the Services to the User at its sole discretion.
3.1.9 MeetXO may use such information collected from the Users from time to time for the purposes of debugging customer support related issues.

3.2 RELEVANCE ALGORITHM

MeetXO’s relevance algorithm for the Professional is a fully automated system that lists the Professional, their profile and information regarding their Practice on its Website. These listings of Professional do not represent any fixed objective ranking or endorsement by MeetXO. MeetXO will not be liable for any change in the relevance of the Professional on search results, which may take place from time to time. The listing of Professional 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. MeetXO in no event will be held responsible for the accuracy and the relevancy of the listing order of the Professional on the Website.

3.3 LISTING CONTENT AND DISSEMINATING INFORMATION

3.3.1 MeetXO collects, directly or indirectly, and displays on the Website, relevant information regarding the profile and practice of the Professional listed on the Website, such as their specialization, qualification, fees, location, meeting hours, and similar details. MeetXO takes reasonable efforts to ensure that such information is updated at frequent intervals. Although MeetXO screens and vets the information and photos submitted by the Professional, it cannot be held liable for any inaccuracies or incompleteness represented from it, despite such reasonable efforts.
3.3.2 The Services provided by MeetXO 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). MeetXO does not provide or make any representation, warranty or guarantee, express or implied about the Website or the Services. MeetXO 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, MeetXO 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 MeetXO or any User in relation to any User or services provided by such User.
3.3.3 The Website may be linked to the website of third parties, affiliates and business partners. MeetXO 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 MeetXO endorses the linked site. User may use the links and these services at User’s own risk.
3.3.4 MeetXO 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.
3.3.5 If MeetXO determines that you have provided fraudulent, inaccurate, or incomplete information, including through feedback, MeetXO reserves the right to immediately suspend your access to the Website or any of your accounts with MeetXO and makes such declaration on the website alongside your name/your clinic’s name as determined by MeetXO for the protection of its business and in the interests of Users. You shall be liable to indemnify MeetXO for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected MeetXO or its Users.
3.3.6 The information published under the head of 'Industry wide city-wise Pricing Graph' is derived from a professional that is determined to be relevant by MeetXO in the relevant city. MeetXO has published this information for guidance purpose and does not have the ability to ascertain accuracy of the data based on which the information has been published and nor does it have any duty to disclose to anyone the source of the underlying data sets based on which this information has been published. MeetXO is not liable in any manner for any consequence whatsoever arising out of any use of the information published here.

3.4 BOOK APPOINTMENT

3.4.1 MeetXO enables Users to connect with professionals through two methods: a) Book facility that allows Users book an appointment through the Website and App;
3.4.2 MeetXO will ensure Users are provided confirmed appointments on the Book facility. However, MeetXO has no liability if such an appointment is later cancelled by the Guest/Expert, or the same Guest/Expert is not available for appointment. Provided, it does not fall under the heads listed under the MeetXO Guarantee Program, in which case the terms of this program shall apply.
3.4.3 If a User has utilized the telephonic services, MeetXO reserves the right to share the information provided by the User with the Professional and store such information and/or conversation of the User with the Professional, in accordance with our Privacy Policy.
3.4.4 The results of any search Users perform on the Website for Professional should not be construed as an endorsement by MeetXO of any such particular Professional. If the User decides to engage with a Professional to seek medical services, the User shall be doing so at his/her own risk.
3.4.5 Without prejudice to the generality of the above, MeetXO is not involved in providing any advice and hence is not responsible for any interactions between User and the Professional. User understands and agrees that MeetXO will not be liable for:
- User interactions and associated issues User has with the Professional;
- the ability or intent of the Professional(s) or the lack of it, in fulfilling their obligations towards Users;
- any misconduct or inappropriate behaviour by the Professional or the Professional’s staff;
- any misconduct or inappropriate behaviour by the Professional or the Professional’s staff;
3.4.6 Users are allowed to provide feedback about their experiences with the Professional, however, the User shall ensure that the same is provided in accordance with applicable law. User however understands that, MeetXO shall not be obliged to act in such manner as may be required to give effect to the content of Users feedback, such as suggestions for delisting of a particular Professional from the Website.

4. TERMS OF USE Professional

The terms in this Clause 4 are applicable only to Professional.

4.1 LISTING POLICY

4.1.1 MeetXO, directly and indirectly, collects information regarding the Professional’ profiles, contact details, and practice. MeetXO reserves the right to take down any Professional’s profile as well as the right to display the profile of the Professional, with or without notice to the concerned Professional. 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 MeetXO immediately to enable MeetXO to make the necessary amendments.
4.1.2 MeetXO shall not be liable and responsible for the ranking of the Professional on external websites and search engines.
4.1.3 MeetXO shall not be responsible or liable in any manner to the Users for any losses, damage, injuries or expenses incurred by the Users as a result of any disclosures or publications made by MeetXO, where the User has expressly or implicitly consented to the making of disclosures or publications by MeetXO. If the User had revoked such consent under the terms of the Privacy Policy, then MeetXO shall not be responsible or liable in any manner to the User for any losses, damage, injuries or expenses incurred by the User as a result of any disclosures made by MeetXO prior to its actual receipt of such revocation.
4.1.4 MeetXO reserves the right to moderate the suggestions made by the Professional through feedback and the right to remove any abusive or inappropriate or promotional content added on the Website. However, MeetXO shall not be liable if any inactive, inaccurate, fraudulent, or non-existent profiles of Professional are added to the Website.
4.1.5 Professional explicitly agrees that MeetXO reserves the right to publish the Content provided by Professional to a third party including content platforms.
4.1.6 You as a Professional 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 MeetXO accepts no liability for the same.

4.2 PROFILE OWNERSHIP AND EDITING RIGHTS

MeetXO ensures easy access to the Professional by providing a tool to update your profile information. MeetXO reserves the right of ownership of all the Professional’s profile and photographs and to moderate the changes or updates requested by Professional. However, MeetXO takes the independent decision whether to publish or reject the requests submitted for the respective changes or updates. You hereby represent and warrant that you are fully entitled under law to upload all content uploaded by you as part of your profile or otherwise while using MeetXO’s services, and that no such content breaches any third party rights, including intellectual property rights. Upon becoming aware of a breach of the foregoing representation, MeetXO may modify or delete parts of your profile information at its sole discretion with or without notice to you.

5. RIGHTS AND OBLIGATIONS RELATING TO CONTENT

5.1 As mandated by Regulation 3(2) of the IG Rules, MeetXO hereby informs Users that they are not permitted to host, display, upload, modify, publish, transmit, update or share any information that:
- belongs to another person and to which the User does not have any right to
- is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
- harm minors in any way;
- infringes any patent, trademark, copyright or other proprietary rights;
- violates any law for the time being in force;
- deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- impersonate another person;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
- threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
5.2 Users are also prohibited from:
- violating or attempting to violate the integrity or security of the Website or any MeetXO Content;
- transmitting any information (including job posts, messages and hyperlinks) on or through the Website that is disruptive or competitive to the provision of Services by MeetXO;
- intentionally submitting on the Website any incomplete, false or inaccurate information;
- making any unsolicited communications to other Users;
- using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website;
- attempting to decipher, decompile, disassemble or reverse engineer any part of the Website;
- copying or duplicating in any manner any of the MeetXO Content or other information available from the Website;
- framing or hot linking or deep linking any MeetXO Content;
- circumventing or disabling any digital rights management, usage rules, or other security features of the Software.
5.3 MeetXO, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information as mentioned above, shall be entitled to disable such information that is in contravention of Clauses 5.1 and 5.2. MeetXO shall also be entitled to preserve such information and associated records for at least 90 (ninety) days for production to governmental authorities for investigation purposes.
5.4 In case of non-compliance with any applicable laws, rules or regulations, or the Agreement (including the Privacy Policy) by a User, MeetXO has the right to immediately terminate the access or usage rights of the User to the Website and Services and to remove non-compliant information from the Website.
5.5 MeetXO may disclose or transfer User-generated information to its affiliates or governmental authorities in such manner as permitted or required by applicable law, and you hereby consent to such transfer. The SPI Rules only permit MeetXO to transfer sensitive personal data or information including any information, to any other body corporate or a person in India, or located in any other country, that ensures the same level of data protection that is adhered to by MeetXO as provided for under the SPI Rules, only if such transfer is necessary for the performance of the lawful contract between MeetXO or any person on its behalf and the User or where the User has consented to data transfer.

MeetXO respects the intellectual property rights of others and we do not hold any responsibility for any violations of any intellectual property rights.

6. TERMINATION

6.1 MeetXO reserves the right to suspend or terminate a User’s access to the Website and the Services with or without notice and to exercise any other remedy available under law, in cases where:
- Such User breaches any terms and conditions of the Agreement;
- A third party reports violation of any of its right as a result of your use of the Services;
- MeetXO is unable to verify or authenticate any information provided to MeetXO by a User;
- MeetXO has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on the part of such User; or
- MeetXO believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for MeetXO or are contrary to the interests of the Website.
6.2 Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Website under the same account, a different account or re-register under a new account. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages, files and other material kept on the Website by such User. The User shall ensure that he/she/it has continuous backup of any medical services the User has rendered in order to comply with the User’s record keeping process and practices.

7. LIMITATION OF LIABILITY

In no event, including but not limited to negligence, shall MeetXO, 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 Professional 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.

In no event shall the total aggregate liability of the Protected Entities to a User for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from this Agreement or a User’s use of the Website or the Services exceed, in the aggregate Rs. 1000/- (Rupees One Thousand Only).

8.RETENTION AND REMOVAL

MeetXO 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

9.1 You agree that this Agreement and any contractual obligation between MeetXO and User will be governed by the laws of India.
9.2 Any 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 MeetXO. 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.
9.3 Subject 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

10.1 If a User has any questions concerning MeetXO, the Website, this Agreement, the Services, or anything related to any of the foregoing, MeetXO customer support can be reached at the following email address: [email protected] or via the contact information available from the following hyperlink: www.meetxo.ai/contact.
10.2 In accordance with the Information Technology Act, 2000, and the rules made thereunder, if you have any grievance with respect to the Website or the service, including any discrepancies and grievances with respect to the processing of information, you can contact our Grievance Officer Surabhi Patodia through our Contact Us page or write an email to [email protected]. 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.

11. SEVERABILITY

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.

12. WAIVER

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 MeetXO. Any consent by MeetXO to, or a waiver by MeetXO 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.