Terms of Use

Last Updated: August 2019

Thank you for your interest in Maxillofacial Diagnostics. We recommend you to read these terms and conditions carefully as this page states the Terms of Use under which you may access and use the website along with associated features, services & applications of www.maxillofacialdiagnostics.com as mentioned below. These terms and conditions shall govern your use of our website.

Acceptance of terms & use of Maxillofacial Diagnostics Service

By downloading, installing or otherwise accessing or using the service you agree that you have read, understood, and agree to be bound by this agreement. If you do not agree to this, you should immediately cease accessing or using our service.

We believe protecting your data is our utmost priority; therefore we do not share your private information with anyone. You may please read our privacy policy to get fully accustomed of our conduct and practices regarding personal information.

Age of Majority

We believe that you have attained the age of majority. In case you have not attained the age of majority in your area of residence, you may use the Maxillofacial Diagnostics Services only with approval of a parent or guardian. Maxillofacial Diagnostics will have the option to discontinue the service, remove or edit content, if it is found that you have not attained the age of majority and have used our website without the approval of your parent or guardian.

Licence to use website

You may:
(a) view pages from our website in a web browser;
(b) download pages from our website for caching in a web browser;
(c) print pages from our website; and
(e) use our website services by means of a web browser,

Please note that your use of our website is strictly subject to the other provisions of these terms and conditions.
You may use our website for your own personal purposes in order to avail our services, and you must not use our website for any other purposes.
Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.

Acceptable usage

You must not:
(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus  or other malicious computer software;
(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent; or
(e) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).

You must not use data collected from our website to contact individuals, companies or other persons or entities.
You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.

Cancellation and suspension of account.

In order to ensure fair usage and also to prevent any unlawful usage, we may:
(a) suspend your account;
(b) cancel your account; and/or
(c) edit your account details,
at any time in our sole discretion without notice or explanation.

Limited warranties

We do not warrant or represent:
(a) the completeness or accuracy of the information published on our website;
(b) that the material on the website is up to date; or
(c) that the website or any service on the website will remain available.

We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any services offered by us through the website, or if we stop publishing the website.
To the maximum extent permitted by applicable law, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.

Breaches of these terms and conditions

Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
(a) temporarily suspend your access to our website;
(b) permanently prohibit you from accessing our website;
(c) block computers using your IP address from accessing our website;
(d) contact any or all of your internet service providers and request that they block your access to our website;
(e) commence legal action against you, whether for breach of contract or otherwise; and/or
(f) suspend or delete your account on our website.

Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

Assignment

You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

Third party rights

A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.

Our details.

This website is owned and operated by M/s Maxillofacial Diagnostics®.
We are registered in India under the Indian Partnership Act, 1932, and our registered office is at Second floor, Chammany towers, Kaloor Junction, Kochi- 17, India.
You can contact us:
(a) by post, using the postal address given above;
(b) using our website contact form;
(c) by telephone, on the contact number published on our website from time to time; or
(d) by email, using the email address published on our website from time to time.

Scope of Maxillofacial Diagnostic’s Services

Maxillofacial Diagnostics is a service platform which provides a convenient galleria for medical service providers including but not limited to hospitals and clinics (“Providers”). Our Services include Tele-reporting, 3D prototyping of custom guides and orthotics and much more.
Maxillofacial Diagnostics does not refer the User or other patients to specific Providers but only provides information about Providers based on the User’s needs and preference, i.e. time frame of availability, geographic area, medical needs, etc. Maxillofacial Diagnostics will not allocate the User directly to any Provider but will instead be provided with a list of Providers (including the name, address, specialization, etc.) of which the User can choose one and book an appointment with as per his/her choice. Maxillofacial Diagnostics does not direct the User to avail the services of a particular Hospital or Doctor. The selection of the Hospital and Doctor is solely as per the discretion of the individual user. Maxillofacial Diagnostics shall provide the user with detailed information about the Provider so that the user can make an informed decision without any loss of time. Maxillofacial Diagnostics shall not liable/responsible for any medical outcome of the User, since the medical services are provided by the Providers selected by the User and Maxillofacial Diagnostics shall have no control over such outcomes.
Maxillofacial Diagnostics discloses details and information on Providers based on data, either provided by the Providers or collected and curated from online and offline information from a variety of sources. Although Maxillofacial Diagnostics uses reasonable skill and care in performing the Services, it cannot guarantee that, all information provided is accurate, complete or correct, nor can Maxillofacial Diagnostics be held responsible for any errors (including manifest and typographical errors), inaccurate, misleading or untrue information provided by the Providers or non-delivery of information by the Providers. The website does not constitute and should not be regarded as a recommendation or endorsement of the quality, service level or qualification of any Provider.
Maxillofacial Diagnostics channels and thereby facilitates the communication between the User and Providers. In particular, Maxillofacial Diagnostics provides different forms the User may use in order to enquire about the Provider’s medical services. Should the User and the Provider decide to conclude a contract, Maxillofacial Diagnostics is not involved in the contractual relationship between the User and the Provider and also in no way influences the conclusion or the content of the contract. Maxillofacial Diagnostics does not assume any rights, obligations or liabilities vis-a-vis the User out of a contract concluded between a Provider (or another third party) and the User.
Maxillofacial Diagnostics does not provide medical services itself. The information provided on Maxillofacial Diagnostics’s website including the information provided by the Providers and other third parties cannot replace a medical consultation or a medical examination and shall not be used to independently decide whether to commence or terminate a medical treatment.
Maxillofacial Diagnostics has also displayed details of procedure conducted by the Providers in our website for the information of our User, which should not be considered as a final and authentic procedure. Please note that the treatment description and the cost/ treatment details mentioned in the procedure page will not be exactly same when the User goes to a Hospital for the same diagnosis. The actual procedure shall differ from patient to patient. Maxillofacial Diagnostics shall not be liable for any Claims by the User in this regard.

Fee for Services

The service fee collected by Maxillofacial Diagnostics is towards the service provided by Maxillofacial Diagnostics for providing the user with the services as required by the user and also for any additional services as selected by the user on his/her sole discretion and this fees does not include any fee to be paid to the hospital for the consultation/appointment fee, unless otherwise specifically intimated to the User before finalising the appointment with the Hospital/Doctor. Unless specifically communicated to the User by Maxillofacial Diagnostics, all service fee paid to Maxillofacial Diagnostics does not include any fee to be payable at the hospital by the user as per the diagnosis/treatment offered to the user.

Conclusion of Contract

The use of Maxillofacial Diagnostics’s Services requires the User to provide personal contact details in order for Maxillofacial Diagnostics or Providers to be able to assist the User with the medical travel facilitation services. The User will have to (i) provide his or her full name and phone number, email address and (ii) agree to these Terms and (iii) to agree to Maxillofacial Diagnostics’s privacy policy (“Privacy Policy”).
The User may request to remove their submitted personal, specific personal and medical data from Maxillofacial Diagnostics databases at any time by sending an email to contact@Maxillofacial Diagnostics.com . In compliance with our Privacy Policy, Maxillofacial Diagnostics will delete or block the personal data and specific personal data of the User as soon as the User has requested to do so. However, for the purpose of being able to trace and document the history of inquiries of the User or Providers in the event of any legal disputes related to Providers contacted by the User via Maxillofacial Diagnostics’s platform, Maxillofacial Diagnostics will keep his or her email address or phone number. Maxillofacial Diagnostics will not use this data for any other purpose than the aforementioned reason, in particular not for any promotional purposes, after such a request from the User. Please note even though the data is erased from the storage as soon as the use requests, normally it will take about 10-12 months for the internal logs to reflect this change.

Second Opinion

Maxillofacial Diagnostics provides Second opinion services upon request submitted by the User. Please note that the Second opinion provided by Maxillofacial Diagnostics is only a guidance to the user and not to be considered as a final diagnosis.
A second opinion is an evaluation of User’s current and past condition(s), medical history, diagnosis, and treatment plan by a medical specialist. It is not a substitute for primary care. The service provided through the portal varies by condition of the User. The User should have obtained primary care from a local medical professional before using Maxillofacial Diagnostics Second Opinion.
The User agrees and accept that: (i) the diagnosis received is limited and provisional; (ii) the second opinion is not intended to replace a full medical evaluation or an in-person visit with a physician; (iii) the medical professionals providing services through this portal do not have important information that is usually obtained through a physical examination; and (iv) in the absence of a physical examination medical professionals ability to diagnose your condition, disease or injury cannot to be said to be accurate, but only a guidance.
The User can choose to see the second opinion physician in person upon their availability if the medical case cannot be judged remotely even by obtaining all the necessary medical records.
The purpose of the service provided by Maxillofacial Diagnostics’s Second Opinion is to give the User access to additional information and medical evaluation via Doctors in Maxillofacial Diagnostics’s medical team. A Second Opinion ranges to all major medical and dental specialties in Maxillofacial Diagnostics’s website, including but not limited to Endodontics, Prosthodontics and implantology, Orthodontics, Oral and Maxillofacial Surgery, Periodontics Pedodontics, Oral pathology, neuromuscular dentistry. In the case that Maxillofacial Diagnostics does not have the right specialist in the Provider’s network, the User agrees that Maxillofacial Diagnostics can shortlist suitable specialists from outside of Maxillofacial Diagnostics’ network of Providers. It is re-iterated that second opinion by Maxillofacial Diagnostics dental specialists is not a substitute for primary care and is not intended to replace a full medical evaluation and does not provide any direct prescription of medicines or other medical treatments to the user.
By requesting any service through the portal, the User authorizes Maxillofacial Diagnostics to collect the User’s medical records, store those records, and transmit them to the physician or physicians appropriate for the User’s case. The User agrees that the Second Opinion will not be used in any legal dispute including but not limited to litigation, arbitration, claim for disability benefits, and claim for worker’s compensation and/or malpractice claims. The User can provide medical records on behalf of a third party, by prior notification to Maxillofacial Diagnostics that (i) the third party is a family member of the User, (ii) the User has prior consent from the third party to represent him and (iii) the third party is not able to send a request via the portal by him/herself.
The information provided to Maxillofacial Diagnostics including the information provided by the Providers and other third parties cannot replace a medical consultation or a medical examination. The information shall not be used to independently decide whether to commence or terminate a medical treatment.
The User shall provide Maxillofacial Diagnostics with current and accurate identification, contact and other information to verify User’s identity and eligibility. The User is responsible for maintaining the accuracy and completeness of this information, and certifies that the information provided is true and accurate.
The User agrees that Maxillofacial Diagnostics may at any time review the User’s medical records both prior to and after your interaction with the portal, and any other records created as a result of services received by the user. Maxillofacial Diagnostics may request additional medical records, including records pertaining to the care the User received from the Hospital/doctor with whom appointment has been arranged by Maxillofacial Diagnostics. Maxillofacial Diagnostics may review these records to better understand the course of treatment for User’s condition(s) including information regarding outcomes and costs, and to improve treatments and recommendations.
Upon the receipt of the complete and accurate documentation, Maxillofacial Diagnostics will gather the User’s medical records and will create a Medical Case file. In accordance to the information provided, Maxillofacial Diagnostics will match the User’s Medical Case file with up to 3 different Doctors in Maxillofacial Diagnostics’s medical team, according to the specialty underwhich the User diagnosis fall. The User can choose a Physician of his/her own choice from the three Doctors shortlisted by Maxillofacial Diagnostics for a second opinion report. Maxillofacial Diagnostics will then collect the complete medical records as per the Doctor’s requirement in order to provide a Second Opinion. Maxillofacial Diagnostics will confirm the User via email once the full Medical Case file is ready to be sent and will forward the information to the Doctor chosen by the User. Within 48 working hours of receiving the complete documentation from the User, the User will receive a Second Opinion report via email with the Doctor’s opinion on the User’s condition(s).

User's Obligations

The services of Maxillofacial Diagnostics are available to individuals who are 18 years or older. The User is entitled of using Maxillofacial Diagnostics's Services on behalf of a third person below the age of 18, and shall inform Maxillofacial Diagnostics of any activity performed on behalf of the afford-mentioned third person.
The User shall only provide true and up to date information to Maxillofacial Diagnostics, Providers or other third persons on this website or in connection with Services rendered by Maxillofacial Diagnostics.
In the event of a violation of User’s obligation pursuant to this Section, Maxillofacial Diagnostics is entitled to delete the respective information and while taking into account the relevant User’s legitimate interests - to block the User’s account temporarily or permanently.
If a claim is made by a third person against Maxillofacial Diagnostics due to a culpable violation of User’s obligation pursuant to this section, the User is obligated, to indemnify Maxillofacial Diagnostics against third parties' claims as well as against costs which may be incurred by Maxillofacial Diagnostics as a result of an appropriate legal defence (e.g. court and lawyers’ fees). The right to claim further damage compensation remains unaffected.

No Liability for Services of Third Persons

Maxillofacial Diagnostics accepts no liability for the correctness, completion and up-to-datedness of any information provided by Providers or any other third parties on Maxillofacial Diagnostics’s website. Maxillofacial Diagnostics is not obligated to monitor transferred or stored external information or check said information for circumstances that point to unlawful activity. Maxillofacial Diagnostics’s obligations to remove or block the use of information in accordance with other legal provisions shall remain unaffected.
Maxillofacial Diagnostics’s website contains cross references (so-called links) to websites belonging to third parties (e.g medical equipment suppliers) over the content of which Maxillofacial Diagnostics has no influence. The relevant owner or operator of the websites alone is responsible for the content of linked sites. Maxillofacial Diagnostics does not assume any liability for this external content. The linked sites were cursorily checked by Maxillofacial Diagnostics for possible violations of the law when they were first linked to; there was no obvious violation of the law of the content discernible at that time. However, Maxillofacial Diagnostics does not constantly check the external content for changes which could form a new basis for a liability. Nonetheless, Maxillofacial Diagnostics will remove a link to a third-party-website if it becomes apparent that the content of the linked website is unlawful and might result in any liability of Maxillofacial Diagnostics.

Data Protection

Maxillofacial Diagnostics accepts no liability for the correctness, completion and up-to-datedness of any information provided by Providers or any other third parties on Maxillofacial Diagnostics’s website. Maxillofacial Diagnostics is not obligated to monitor transferred or stored external information or check said information for circumstances that point to unlawful activity. Maxillofacial Diagnostics’s obligations to remove or block the use of information in accordance with other legal provisions shall remain unaffected.
Maxillofacial Diagnostics’s website contains cross references (so-called links) to websites belonging to third parties (e.g medical equipment suppliers) over the content of which Maxillofacial Diagnostics has no influence. The relevant owner or operator of the websites alone is responsible for the content of linked sites. Maxillofacial Diagnostics does not assume any liability for this external content. The linked sites were cursorily checked by Maxillofacial Diagnostics for possible violations of the law when they were first linked to; there was no obvious violation of the law of the content discernible at that time. However, Maxillofacial Diagnostics does not constantly check the external content for changes which could form a new basis for a liability. Nonetheless, Maxillofacial Diagnostics will remove a link to a third-party-website if it becomes apparent that the content of the linked website is unlawful and might result in any liability of Maxillofacial Diagnostics.

Limitation of liability.

In no event shall Maxillofacial Diagnostics, nor any of its officers, directors and employees, be liable to you for anything arising out of or in any way connected with your use of this Website, whether such liability is under contract, tort or otherwise, and Maxillofacial Diagnostics, including its officers, directors and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.

Indemnification

To the extent authorized by law, you agree to indemnify and hold harmless Maxillofacial Diagnostics, its employees, officers, directors, affiliates, and agents from and against any and all claims, losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting directly or indirectly from or arising out of (a) your violation of the Terms, (b) your use of any of the Services, and/or (c) the Content you make available for availing any of our Services.

Validity and Change of the Terms.

Only Maxillofacial Diagnostics’s Terms shall apply regarding the use of Maxillofacial Diagnostics’s website and its Services by the User. The User’s general terms and conditions or similar regulations are herewith expressly rejected.
We may revise these terms and conditions from time to time.
The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions. Please note that if you do not agree to the revised terms and conditions, you must stop using our website. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately
If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the website, and you must stop using the website.
If there is any inconsistency between the Terms and the additional terms valid for specific Services rendered by Maxillofacial Diagnostics, the additional Terms will prevail to the extent of such inconsistency.
If any provision of these Terms is or becomes invalid, unenforceable or non-binding, the User shall remain bound by all other provisions hereof. In such event, such invalid provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and the User will at least agree to accept a similar effect as the invalid, unenforceable or non-binding provision, given the contents and purpose of these terms and conditions.

Termination

By Maxillofacial Diagnostics: We may modify, suspend, or terminate the operation of, or access to, all or any portion of the Services at any time for any reason. Additionally, your individual access to, and use of, the Services may be terminated by Maxillofacial Diagnostics at any time and for any reason.
By you: If you wish to terminate this agreement, you may immediately stop accessing or using the Services at any time.
Automatic upon breach: Your right to access and use the Services shall terminated automatically upon your breach of any of the Terms.
Survival: The disclaimer of warranties, the limitation of liability, and the jurisdiction and applicable law provisions will survive any termination. Your warranties and indemnification obligations will survive for one year after termination.

Governing Law and jurisdiction

These terms and conditions shall be governed by and construed in accordance with the laws of the Union of India.
Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of the Courts at Ernakulum, Kerala.
All disputes arising out of or in connection with these terms and conditions shall be finally settled under the Arbitration and Conciliation Act, 1996 (including amendments thereto), by a single arbitrator appointed mutually by the Parties.

Entire agreement

The terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.


Cancellation & Refund Policy

We deeply appreciate your support and thank you for using Maxillofacial Diagnostics. We always ensure that our services are best matching your expectations. All our services are labour intensive and hence these services are non-refundable once you have availed these services. All payments received from you for the services that Maxillofacial Diagnostics provided will be deemed as final. By registering for any of our services, you are declaring that you accept and agree with all the terms and conditions outlined in the refund policy.

Notwithstanding the foregoing, we shall strive to refund to our customers, a maximum of 50% of total fee paid, if the hospitals which a customer selected happens to be in the category of accepting upfront payment towards consultation fee of Doctors, for booking an appointment with the doctor and such an appointment is cancelled by a customer before the payment is finally transferred to the Hospital by Maxillofacial Diagnostics.

Maxillofacial Diagnostics shall also effect full refund of the charges paid by a customer in the event of:
a) Any of the happenings of a Force Majeure event such as War, Natural Calamities etc.
b) In case of the untimely demise of the patient (Maxillofacial Diagnostics will effect automatic cancellation and Refund).

Cancellation requests, which fall under the above criteria, need to be submitted within 3 days (72 hours) from the date of payment towards services of Maxillofacial Diagnostics. No request for cancellation will be accepted if submitted after 72 hours and once the service has been provided

Maxillofacial Diagnostics shall process your refund within 14 working days.
No request for cancellation and refund shall be accepted at Maxillofacial Diagnostics, if such request is not falling under any of the categories as mentioned above.

If you have any questions about our cancellation and cancellation policy, please do contact us.

info@maxillofacialdiagnostics.com, 0484-4046020


Thank you for reading the Terms and Conditions of Maxillofacial Diagnostics.

Last updated on August 2019.

Maxillofacial Diagnostics,
Room no 18/19 ,IInd floor, Chammany tower,
Banerji Road, Kaloor, Ernakulam – 682017
Kerala