Kolkata Heart Foundation

Terms and Conditions of Use

Effective Date: April 15, 2025     |     Last Updated: April 15, 2025

Address: 42/1A, Harish Mukherjee Road, Opposite Azad Hind Dhaba, Bhowanipore, Kolkata, West Bengal – 700025

Contact: +91 98310 30908

1. INTRODUCTION AND ACCEPTANCE OF TERMS

Welcome to the official website of Kolkata Heart Foundation (“KHF,” “We,” “Us,” or “Our”), a specialised cardiac care facility registered and operating in accordance with the laws of the Republic of India. By accessing, browsing, or using this website and any related digital services (“Site”), you (“User,” “You,” or “Your”) unconditionally agree to be bound by these Terms and Conditions (“Terms”), our Privacy Policy, and all applicable Indian laws and regulations.

If You do not agree with any part of these Terms, You must immediately cease using this Site. Your continued use of the Site constitutes Your irrevocable acceptance of these Terms as amended from time to time.

These Terms shall be read in conjunction with the applicable provisions of the Information Technology Act, 2000 (“IT Act”) and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (“IT Rules 2021”), the Consumer Protection Act, 2019, the Digital Personal Data Protection Act, 2023 (“DPDP Act”), the Indian Contract Act, 1872, and all other applicable statutes, rules, and regulations in force in India.

2. MEDICAL DISCLAIMER — NOT A SUBSTITUTE FOR PROFESSIONAL ADVICE

IMPORTANT: THE CONTENT, INFORMATION, AND MATERIALS ON THIS SITE ARE PROVIDED SOLELY FOR GENERAL INFORMATIONAL AND EDUCATIONAL PURPOSES. NOTHING ON THIS SITE CONSTITUTES MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT.

All information published on this Site, including but not limited to articles, blogs, videos, images, and service descriptions, is intended to educate the general public about cardiovascular health. Such information:

  • Does not establish a doctor-patient relationship between You and Kolkata Heart Foundation or any of its doctors, consultants, or staff.
  • Is not a substitute for an in-person consultation, examination, or diagnosis by a qualified, registered medical practitioner.
  • Must not be used to self-diagnose, self-treat, or delay seeking appropriate medical care.

You are strongly advised to consult a qualified cardiologist or registered medical practitioner for any health concern, symptom, or condition. Kolkata Heart Foundation expressly disclaims all liability for any adverse consequences arising from reliance on information published on this Site without professional medical consultation.

EMERGENCY: IF YOU ARE EXPERIENCING CHEST PAIN, BREATHLESSNESS, PALPITATIONS, OR ANY OTHER CARDIAC EMERGENCY, IMMEDIATELY CALL 112 (NATIONAL EMERGENCY NUMBER) OR PROCEED TO THE NEAREST EMERGENCY FACILITY WITHOUT DELAY.

3. ELIGIBILITY AND USER REPRESENTATIONS

This Site is intended for individuals who are 18 years of age or older. By using this Site, You represent and warrant that:

  • You are at least 18 years of age, or if You are a minor (below 18 years), You are accessing the Site under the supervision and with the consent of a parent or legal guardian who agrees to be bound by these Terms on Your behalf.
  • You are legally competent to enter into a binding contract under the Indian Contract Act, 1872.
  • All information You provide to Us is accurate, current, and complete.
  • You are not barred or otherwise legally prohibited from accessing or using the services offered through this Site under any applicable Indian or international law.

KHF reserves the right to refuse access to any user who violates these eligibility criteria or these Terms.

4. ONLINE APPOINTMENT BOOKING

Kolkata Heart Foundation may provide online appointment booking facilities through this Site, third-party platforms, or messaging services such as WhatsApp. The following terms apply:

  • Booking an appointment through the Site or any linked communication channel does not guarantee immediate medical care or constitute a confirmed appointment until acknowledged in writing or verbally by KHF staff.
  • KHF reserves the right to reschedule, cancel, or refuse any appointment at its sole discretion, including but not limited to cases of unavailability of consultants, emergency situations, or breach of these Terms.
  • Users must provide accurate personal and medical information when booking appointments. Provision of false or misleading information may result in refusal of services.
  • Appointment slots are subject to availability and shall be allocated on a first-come, first-served basis.
  • Any consultation fee applicable to the appointment shall be communicated at the time of booking or upon arrival, and KHF reserves the right to revise fees without prior notice.
  • No-show or late cancellation of appointments without reasonable prior notice may attract a cancellation fee at KHF’s discretion.

5. ACCEPTABLE USE POLICY

You agree to use this Site only for lawful purposes and in a manner consistent with all applicable Indian laws, including but not limited to the IT Act, 2000, and the IT Rules, 2021. You agree that You shall NOT:

  • Use the Site for any purpose that is unlawful, fraudulent, or harmful.
  • Post, transmit, or distribute any material that is defamatory, obscene, pornographic, threatening, harassing, hateful, racially or ethnically offensive, or that promotes violence or discrimination, in violation of the Indian Penal Code, 1860, or any applicable law.
  • Attempt to gain unauthorised access to any part of the Site, its servers, networks, or databases, in violation of Section 66 of the IT Act, 2000.
  • Introduce any virus, malware, Trojan horse, worm, logic bomb, spyware, or other harmful material onto the Site, in violation of Sections 43 and 66 of the IT Act, 2000.
  • Use any automated means including robots, scrapers, crawlers, or data-mining tools to access or harvest data from the Site without prior written consent from KHF.
  • Impersonate any person, entity, or KHF representative, or misrepresent Your affiliation with any person or entity.
  • Use the Site to collect or harvest personal data of other users without their consent, in violation of the DPDP Act, 2023.
  • Engage in any activity that disrupts, interferes with, or places an unreasonable burden on the Site’s infrastructure.

Violations of system or network security may constitute civil or criminal offences under Indian law. KHF reserves the right to report such violations to the appropriate law enforcement authorities and to cooperate with them in prosecuting offenders.

6. USER ACCOUNTS AND PATIENT PORTAL

Where KHF provides a patient portal or user account facility, the following conditions apply:

  • You agree to provide true, accurate, current, and complete information during registration and to promptly update such information as necessary.
  • You are solely responsible for maintaining the confidentiality of Your login credentials and for all activities that occur under Your account.
  • You agree not to share Your credentials with any third party. Any unauthorised use of Your account must be reported to KHF immediately.
  • KHF reserves the right to suspend or terminate any account at any time, without prior notice, for breach of these Terms, provision of false information, or any other reason at KHF’s sole discretion.
  • Patient health records and data accessible through the patient portal are subject to the provisions of the Clinical Establishments (Registration and Regulation) Act, 2010, and applicable state regulations, in addition to these Terms.

7. USER-GENERATED CONTENT

If You submit, post, or upload any content to the Site including comments, feedback, reviews, images, or other materials (“User Content”), You represent and warrant that:

  • You own or have all necessary rights and permissions to submit such content.
  • The User Content does not infringe the intellectual property, privacy, or other rights of any third party.
  • The User Content is not defamatory, obscene, harmful, unlawful, or in violation of any applicable Indian law, including the IT Act, 2000, and the Indian Penal Code, 1860.

By submitting User Content, You grant KHF a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right and licence to use, reproduce, modify, publish, translate, create derivative works from, and distribute such content in any media for the purposes of operating and promoting the Site and KHF’s services.

KHF does not regularly monitor User Content but reserves the right to remove, edit, or take down any content at its sole discretion without prior notice or liability. KHF assumes no responsibility or liability for User Content submitted by You or any third party.

8. DATA PRIVACY AND PROTECTION

Kolkata Heart Foundation is committed to protecting Your personal data in compliance with the Digital Personal Data Protection Act, 2023 (“DPDP Act”) and all applicable Indian data protection laws and regulations.

8.1 Data We Collect

We may collect personal data including Your name, age, gender, contact details, medical history (for appointment purposes), and technical data such as IP address and browser type when You use the Site.

8.2 Purpose of Processing

Your personal data is collected and processed for the following purposes:

  • Facilitating appointment bookings and healthcare consultations.
  • Communicating with You regarding Your appointments, health updates, and promotional information (with Your consent).
  • Improving the functionality and content of the Site.
  • Complying with legal obligations under applicable Indian laws.

8.3 Your Rights as a Data Principal

Under the DPDP Act, 2023, You have the right to:

  • Access information about Your personal data being processed by KHF.
  • Correct inaccurate or outdated personal data.
  • Withdraw Your consent for processing at any time (subject to lawful retention obligations).
  • Nominate a person to exercise Your rights in the event of Your death or incapacity.

To exercise any of these rights, please contact Us at the details provided in Section 16 of these Terms.

8.4 Data Retention and Security

KHF shall retain Your personal data only for as long as necessary for the purposes described herein or as required by applicable law, including the Medical Council of India guidelines on retention of patient records. We implement reasonable technical and organisational security measures to protect Your data from unauthorised access, disclosure, or misuse.

For complete details on our data practices, please refer to our separate Privacy Policy available on the Site.

9. INTELLECTUAL PROPERTY RIGHTS

All content, materials, design, text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, and software on this Site are the exclusive intellectual property of Kolkata Heart Foundation or its content suppliers and are protected under the Copyright Act, 1957, the Trade Marks Act, 1999, and other applicable Indian and international intellectual property laws.

You are granted a limited, non-exclusive, non-transferable, revocable licence to access and use the Site for personal, non-commercial informational purposes only. You shall not:

  • Copy, reproduce, republish, upload, post, transmit, modify, distribute, or commercially exploit any content from this Site without prior written consent from KHF.
  • Remove or alter any copyright, trademark, or other proprietary notices from any materials on the Site.
  • Use KHF’s name, logo, or branding in any manner that could create confusion or imply endorsement without express written authorisation.

Any unauthorised use of KHF’s intellectual property may result in civil and criminal liability under the Copyright Act, 1957, the Trade Marks Act, 1999, the IT Act, 2000, and other applicable laws.

10. DISCLAIMERS OF WARRANTIES

THIS SITE AND ALL CONTENT, INFORMATION, PRODUCTS, AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE INDIAN LAW.

KHF expressly disclaims all warranties including but not limited to:

  • Any implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
  • That the Site will be uninterrupted, error-free, or free of viruses or other harmful components.
  • The accuracy, completeness, reliability, or currency of any information on the Site.
  • That defects, if any, will be corrected.

KHF does not guarantee that use of the Site or any information therein will result in any specific medical outcome or that any particular service will be appropriate or effective for any individual user.

11. LIMITATION OF LIABILITY

To the maximum extent permitted under applicable Indian law, KHF and its directors, doctors, employees, consultants, agents, and affiliates shall not be liable for:

  • Any direct, indirect, incidental, special, consequential, or punitive damages arising from Your use of, or inability to use, this Site or the information contained herein.
  • Any medical outcome, injury, or adverse event arising from reliance on information published on this Site, as the Site does not constitute medical advice.
  • Any loss of data, profits, goodwill, or business opportunities arising from use of or inability to use the Site.
  • Any damage caused by third-party services, linked websites, or content that KHF does not control.

Where liability cannot be wholly excluded under Indian consumer protection law, KHF’s aggregate liability to You for any claim arising from or related to use of the Site shall be limited to the fees, if any, You paid to KHF for services obtained directly through the Site in the three months preceding the claim.

12. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Kolkata Heart Foundation, its directors, doctors, staff, consultants, agents, and successors from and against any and all claims, losses, damages, liabilities, costs, and expenses (including reasonable legal fees) arising from or in connection with:

  • Your breach of these Terms or any applicable law.
  • Your use or misuse of the Site or any service provided through the Site.
  • Any User Content submitted by You.
  • Your violation of any third-party rights, including intellectual property rights or privacy rights.
  • Any dispute between You and a third party related to Your use of the Site.

13. THIRD-PARTY LINKS AND SERVICES

This Site may contain hyperlinks to third-party websites, platforms, or services. Such links are provided for Your convenience only and do not constitute KHF’s endorsement, sponsorship, or approval of such third-party websites or their content. KHF:

  • Has no control over the content, accuracy, or practices of third-party websites.
  • Makes no representations or warranties regarding third-party websites or services.
  • Is not responsible or liable for any loss or damage You may suffer as a result of accessing or relying on any third-party website.

Your access to and use of third-party websites is at Your own risk and subject to the terms and conditions of those websites. We encourage You to review the privacy policies and terms of use of any third-party websites You visit.

14. MODIFICATIONS TO TERMS AND THE SITE

KHF reserves the right, at its sole discretion, to modify, update, or replace these Terms at any time without prior notice. Such modifications shall be effective immediately upon posting the revised Terms on the Site. The date of the most recent revision will be indicated at the top of this page.

It is Your responsibility to review these Terms periodically for changes. Your continued use of the Site following the posting of revised Terms constitutes Your acceptance of and agreement to those changes. If You do not agree to the revised Terms, You must stop using the Site.

KHF also reserves the right to change, suspend, withdraw, or discontinue all or any part of the Site at any time without prior notice and without liability to You.

15. GOVERNING LAW, JURISDICTION, AND DISPUTE RESOLUTION

15.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Republic of India, without regard to its conflict of law provisions.

15.2 Jurisdiction

Subject to the arbitration clause below, any disputes, claims, or legal proceedings arising from or relating to these Terms or Your use of the Site shall be subject to the exclusive jurisdiction of the competent courts located in Kolkata, West Bengal, India. By using this Site, You hereby irrevocably submit to the personal jurisdiction of such courts.

15.3 Dispute Resolution — Arbitration

Any dispute, controversy, or claim arising out of or in connection with these Terms, including any question regarding its existence, validity, breach, or termination, that cannot be resolved amicably within 30 days of written notice by either party, shall be referred to and finally resolved by arbitration under the Arbitration and Conciliation Act, 1996 (as amended). The arbitration shall be conducted by a sole arbitrator mutually agreed upon by the parties. The seat and venue of arbitration shall be Kolkata, West Bengal, India. The language of the arbitration shall be English. The arbitral award shall be final and binding on both parties.

15.4 Consumer Protection

Nothing in these Terms shall limit or exclude any rights You may have under the Consumer Protection Act, 2019, or any other applicable consumer protection legislation in India that cannot be excluded by agreement.

16. CONTACT INFORMATION AND GRIEVANCE OFFICER

In accordance with the Information Technology Act, 2000, and the IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, the following Grievance Officer has been designated by Kolkata Heart Foundation:

Grievance Officer: To be designated by Kolkata Heart Foundation

Establishment: Kolkata Heart Foundation

Address: 42/1A, Harish Mukherjee Road, Opposite Azad Hind Dhaba, Bhowanipore, Kolkata, West Bengal – 700025

Phone: +91 98310 30908

Any complaints or grievances regarding the Site, these Terms, or any data privacy matters must be submitted in writing to the Grievance Officer at the address or contact details above. KHF shall acknowledge and resolve grievances within the timeframes prescribed under applicable Indian law (currently within 15 days of receipt for intermediary grievances under IT Rules 2021).

17. GENERAL PROVISIONS

17.1 Severability

If any provision of these Terms is held by a court or arbitral tribunal of competent jurisdiction to be invalid, unlawful, or unenforceable, such provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.

17.2 Entire Agreement

These Terms, together with the Privacy Policy and any other legal notices or policies published by KHF on the Site, constitute the entire agreement between You and KHF with respect to Your use of the Site and supersede all prior agreements, representations, and understandings.

17.3 Waiver

No failure or delay by KHF in enforcing any provision of these Terms shall be construed as a waiver of KHF’s rights. A waiver of any breach shall not constitute a waiver of any subsequent breach.

17.4 Assignment

You may not assign or transfer Your rights or obligations under these Terms without KHF’s prior written consent. KHF may freely assign its rights and obligations under these Terms to any successor entity or in connection with a merger, acquisition, or sale of assets.

17.5 Force Majeure

KHF shall not be liable for any delay or failure to perform any obligation under these Terms to the extent that such delay or failure is caused by circumstances beyond KHF’s reasonable control, including but not limited to acts of God, natural disasters, epidemics, pandemics, government orders, civil unrest, or failures of telecommunications or internet infrastructure.

17.6 Language

These Terms are written in English. In the event of any conflict between an English version and a translated version of these Terms, the English version shall prevail.

BY ACCESSING OR USING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS IN THEIR ENTIRETY.