Babylon Hospital (referred to as “we”, us”, “Babylon Hospital”) is the author and publisher of the internet resource https://www.babylonhospital.com/ and its sub domains including (together referred to as “Websites”) on the world wide web as well as other connected software and applications provided by Babylon Hospital, including but not limited to the mobile applications (referred to as “App”, and together with Websites referred to as “Services”). Babylon Hospital provides the Services in partnership with its agents, affiliates, associates, representatives or other third parties (together referred to as “Partners”)
The Agreement applies to you whether you are -
This Agreement applies to all services made available by Babylon Hospital on the Website or App.
The Services may change from time to time, at the sole discretion of Babylon Hospital, and the Agreement will apply to your visit to and your use of the Website or App to avail the Service, as well as to all information provided by you on the Website or App at any given point in time.
This Agreement defines the terms and conditions under which you are allowed to use the Website and App 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.
By downloading or accessing the App or Website to use the Services, you irrevocably accept all the terms and conditions stipulated in this Agreement and agree to fully abide by them.
This Agreement supersedes all previous oral and written terms and conditions (if any) communicated to you. By availing any Service, you signify your agreement and acceptance to this Agreement.
We reserve the right to modify or terminate any portion of the Agreement for any reason and at any time.
You should read the Agreement at regular intervals. Your use of the App or Website following any such modification constitutes your agreement to follow and be bound by the Agreement so modified. Any additional terms and conditions, disclaimers, privacy policies and other policies applicable in general and/ or to specific areas of this Website or to particular Service are also considered as part of the Agreement.
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 Babylon Hospital. The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but not limited to:
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 Babylon Hospital 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.
b. Babylon Hospital and its Partners may, through the Services, collect information relating to the devices through which you access the Website, location from which you access and anonymous data of your usage. The collected information will be used only for improving the quality of the Services and to build new services.
c. The Website and App allows Babylon Hospital and its Partners to have access to Users’ personal email or phone number, for the purpose of communication and analytics.
f. Babylon Hospital and its Partners shall not be responsible in any manner for the authenticity or correctness of the personal information or sensitive personal data or information supplied by the User to Babylon Hospital or to any other person acting on behalf of Babylon Hospital or its Partners.
g. 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 or App. 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 Babylon Hospital of any actual or suspected unauthorized use of the User’s account or password. Although Babylon Hospital will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Babylon Hospital or others due to such unauthorized use.
h. If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Babylon Hospital has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Babylon Hospital has the right to discontinue the Services to the User at its sole discretion.
i. It is your responsibility to keep your correct mobile number and email ID updated in the Website or App. All reminders and notifications will be sent to the account associated with this mobile number and/or email ID. Every time you change any contact information (mobile or email), we will send a confirmation. Babylon Hospital is not responsible for any loss or inconvenience caused due to your non-updation of your contact details
j. Babylon Hospital and its Partners may use such information collected from the Users from time to time for the purposes of debugging customer support related issues.
Babylon Hospital collects, directly or indirectly, and displays on the Website, relevant information regarding the profile and practice of the Practitioners listed on the Website, such as their specialisation, qualification, fees, location, visiting hours, and similar details. Babylon Hospital takes reasonable efforts to ensure that such information is updated at frequent intervals. Babylon Hospital cannot be held liable for any inaccuracies or incompleteness represented by it, despite such reasonable efforts.
The Services provided by Babylon Hospital or any of its licensors or Partners 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). Babylon Hospital and its Partners do not provide or make any representation, warranty or guarantee, express or implied about the Website, App or the Services. Babylon Hospital and its Partners do not guarantee the accuracy or completeness of any content or information provided by Users on the Website. To the fullest extent permitted by law, Babylon Hospital and its Partners disclaim all liability arising out of the User’s use or reliance upon the Website, App, 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 Babylon Hospital or its Partners or any User in relation to any User or services provided by such User.
The Website or App may be linked to the website of third parties, affiliates and business partners. Babylon Hospital has no control over, and is not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through our Website or App. Inclusion of any link on the Website or App does not imply that Babylon Hospital endorses the linked site. Users may use the links and these services at User’s own risk.
Babylon Hospital and its Partners assume 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 App or the downloading of any material, data, text, images, video content, or audio content from the Website or App. If a User is dissatisfied with the Website or App, User’s sole remedy is to discontinue using the Website or App.
If Babylon Hospital determines through feedback or otherwise that you have provided fraudulent, inaccurate, incomplete or false information, Babylon Hospital reserves the right to immediately suspend your access to the Website or any of your accounts with Babylon Hospital and makes such declaration about suspension on the website alongside your name as determined by Babylon Hospital for the protection of its business and in the interests of Users. You shall be liable to indemnify Babylon Hospital and its Partners for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected Babylon Hospital , its Partners or its Users.
While Babylon Hospital will try to ensure a confirmed appointment with a medical service provider (like doctor or diagnostic lab) for a User who requested an appointment on the Website or App, Babylon Hospital or its Partners do not guarantee that the User will get a confirmed appointment. Further, Babylon Hospital and its Partners have no liability if such an appointment is confirmed but later cancelled, postponed or rescheduled by the hospital or medical service provider, or the medical service provider is not available as per the given appointment time.
You understand and agree that any interactions and associated issues with other Users including but not limited to your health issues and your experiences is strictly between you and the other Users. You shall not hold Babylon Hospital or its Partners responsible for any such interactions and associated issues and Babylon Hospital will not be held responsible or liable for the same. For avoidance of doubt, the Services are not to provide any healthcare or medical advice or diagnosis and hence Babylon Hospital and its Partners are not responsible for any medical or other outcomes between you and the medical service providers you interact with, pursuant to any interactions on the Website or App. If you decide to engage with a medical service provider to provide medical services to you, you do so at your own risk. Babylon Hospital or its Partners shall not be responsible for any breach of service or service deficiency by any medical service provider you connect, engage or transact with using the Website or App. We advise you to perform your own investigation or get feedback prior to selecting a doctor or any other service provider available on the Website or App.
Without prejudice to the generality of the above, Babylon Hospital or its Partners will not be liable for:
Further, Babylon Hospital shall not be liable, under any event, for any comments or feedback given by any of the Users in relation to the services provided by another User. All such feedback should be made in accordance with applicable law. The option of Users to give feedback remains at Babylon Hospital ’s sole discretion and may be modified or withdrawn at its sole discretion. Babylon Hospital may moderate such feedback at any time. Babylon Hospital shall not be obliged to act in any manner to give effect to the consent of Users’ feedback.
The Website and App provide you the ability to pay online through a third party payment gateway for some of the Services available on the Website or App.
Cancellation and Refund Policy:
Some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, “Information”) that may be available on the Website (including information provided in direct response to your questions or postings) may be provided by individuals in the medical profession. The provision of such Information does not create a licensed medical professional/patient relationship between Babylon Hospital and you and does not constitute an opinion, medical advice, or diagnosis or treatment of any particular condition, but is only provided to assist you with locating appropriate medical care from a qualified practitioner.
It is hereby expressly clarified that, the Information that you obtain or receive from Babylon Hospital , and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Website is for informational purposes only. In no event shall Babylon Hospital be liable to you or anyone else for any decision made or action taken by you in reliance on such information.
The Services are not intended to be a substitute for getting in touch with emergency healthcare. If you are an User facing a medical emergency (either on your or another person’s behalf), please contact an ambulance service, hospital, doctor or appropriate medical professional directly.
The contents listed on the Website are
Babylon Hospital authorizes the User to view and access the content available on or from the Website solely for ordering, receiving, delivering, sharing, storing and communicating only as per this Agreement. The contents of the Website, App, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the Website (collectively, "Babylon Hospital Content"), are the property of Babylon Hospital or its Partners and are protected under copyright, trademark and other applicable laws. Users shall not modify the Babylon Hospital Content or reproduce, display, publicly perform, distribute, or otherwise use the Babylon Hospital Content in any way for any public or commercial purpose or for personal gain.
Users shall not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
You are solely responsible for the content that you choose to submit for publication on the Website, including any feedback, ratings, or reviews (“Critical Content”). The role of Babylon Hospital in publishing Critical Content is restricted to that of an ‘intermediary’ under the Information Technology Act, 2000. Babylon Hospital disclaims all responsibility with respect to the Critical Content, and its role with respect to such content is restricted to its obligations as an ‘intermediary’ under the said Act. Babylon Hospital shall not be liable to pay any consideration to any User for re-publishing any content across any of its or its Partners platforms.
Your publication of reviews and feedback on the Website is governed by Clause 10 stated hereinafter. Without prejudice to the detailed terms stated in Clause 10, you hereby agree not to post or publish any content on the Website that (a) infringes any third-party intellectual property or publicity or privacy rights, or (b) violates any applicable law or regulation, including but not limited to the IG Rules and SPI Rules. Babylon Hospital , at its sole discretion, may choose not to publish your reviews and feedback, if so required by applicable law, and in accordance with Clause 5 of these Terms. You agree that Babylon Hospital may contact you through telephone, email, SMS, or any other electronic means of communication for the purpose of:
and you agree to provide your fullest cooperation further to such communication by Babylon Hospital .
As mandated by Regulation 3(2) of the IG Rules, Babylon Hospital hereby informs Users that they are not permitted to host, display, upload, modify, publish, transmit, update or share any information that:
Users are also prohibited from:
Babylon Hospital or its Partners, 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) generated by Users, or on being notified by the appropriate Government or its agency that the Website or App is being used by the User to commit any unlawful act and/or is being used in violation of Clauses 10.a and 10.b above, shall be entitled to remove or disable access to the material or information that is in contravention of Clause 10. Babylon Hospital is entitled to act, as required by the IG Rules, within thirty six hours of obtaining such knowledge and, where applicable, work with Users to disable such information that is in contravention of applicable law. Babylon Hospital 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.
Babylon Hospital 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. Babylon Hospital will comply with any duly-issued government or court directions to disable access to the User-generated information, should it be found to be illegal by a competent governmental authority.
Babylon Hospital 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 where:
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.
All information available on the Website or App, (the “Information”) is provided on the condition that the User will make independent determination in respect of its accuracy, completeness or usefulness suitability prior to use or making any decision for any loss or damage in reliance hereof. Babylon Hospital and its Partners will not be responsible for the same. Further Babylon Hospital and its Partners will not be responsible or liable in any manner for any data added, provided, stored or managed by the User including all personally identifiable information
The Information does not constitute an invitation or recommendation to take medical services from Babylon Hospital or its Partners nor is such Information a substitute for professional advice or solicitation in respect of medical services/ products or recommendation thereof. Babylon Hospital urges the Users to seek the advice of professionals, as appropriate, regarding the evaluation of any specific opinion, advice, product, service, or other Information.
All information on the Website is provided to you "as is" without warranty of any kind either express or implied including, but not limited to implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy. In no event shall Babylon Hospital or its Partners be liable for any special, direct, indirect or consequential damages or any damages whatsoever resulting from loss, whether in an action of contract, negligence or other tortuous action, arising out of or in connection with the use or performance of information. All information available on a hyper-link site and any third party is subject to the terms and conditions of the legal notices contained therein.
The information available on the Website or App could include inaccuracies or typographic errors. Babylon Hospital has endeavored to ensure that all the information on the Website is correct, but Babylon Hospital neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data or information contained. Babylon Hospital makes no warranty, express or implied, concerning the website or App and/or its contents and disclaims all warranties of fitness for a particular purpose and warranties of merchantability in respect of Services, including any liability, responsibility or any other claim, whatsoever, in respect of any loss, whether direct or consequential, to any user or any other person, arising out of or from the use of the information contained in the website.
In no event shall Babylon Hospital or its Partners be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from: (a) the use or the inability to use the Services; (b) unauthorized access to or alteration of the User's transmissions or data; (c) any other matter relating to the services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the website. Neither shall the Company be responsible for the delay or inability to use the Website, App, Services or any related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Website or App, or otherwise arising out of the use of the Website or App, whether based on contract, tort, negligence, strict liability or otherwise. Further, Babylon Hospital shall not be held responsible for non-availability or access to the Website or App during periodic maintenance operations or any unplanned suspension of access to the Website that may occur due to technical reasons or for any reason beyond Babylon Hospital control. The user understands and agrees that any material and/or data downloaded or otherwise obtained through the website is done entirely at his/her own discretion and risk and the User himself/herself will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data. These limitations, disclaimer of warranties and exclusions apply without regard to whether the damages arise from (a) breach of contract, (b) breach of warranty, (c) negligence, or (d) any other cause of action, to the extent such exclusion and limitations are not prohibited by applicable law.
User agrees to indemnify and hold harmless Babylon Hospital , its affiliates, officers, directors, employees, consultants, licensors, agents, representatives and Partners from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from User’s access to or use of Service, violation of this Agreement, or infringement, or infringement by any other User of his/her/its account, of any intellectual property or other right of any person or entity. Babylon Hospital will notify you promptly of any such claim, loss, liability, or demand, and in addition to your foregoing obligations, you agree to provide us with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
You agree that this Agreement and any contractual obligation between the Company and User will be governed by the laws of India.
Subject to the above Paragraph above, the courts at Jaipur 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.
If a User has any questions concerning the Company, the Website or App, this Agreement, the Services, or anything related to any of the foregoing, please write to us on our official mail id.
In accordance with the Information Technology Act, 2000, and the rules made there under, if you have any grievance with respect to the Website or App or the Service, including any discrepancies and grievances with respect to processing of information, you can contact our Grievance Officer at:
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.
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.
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 Babylon Hospital . Any consent by Babylon Hospital to, or a waiver by Babylon Hospital 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.
Babylon Hospital is offering telemedicine or video consults where patients are not able to reach the hospital.
A video or telemedicine consult can never be compared to a normal in-hospital consult where the doctor is able to physically examine the patient.
You are advised to come to the hospital for consults whenever you are in a position for the same. If the consult cannot wait, then only you should opt for a telemedicine or video consult.
You are advised to confirm the diagnosis, treatment and prescription whenever you are able to come to the hospital for a physical consultation. In case your symptoms/condition does not improve, immediately reach the nearest hospital.
By accepting telemedicine consultation , you agree and accept that the tele-consultants/doctors and all personnel directly or indirectly involved with any part of the Telemedicine set up shall not be held responsible in the unlikely event of an error in diagnosis or management due to the occurrence of sub optimal technical conditions. While every attempt will be made to ensure ideal conditions, unforeseen situations may occur.
Babylon Hospital and/or its doctors shall not be responsible for complete accuracy of telemedicine consultation, limited in its scope as it is, with no physical examination of the patient being possible. While every attempt will be made to ensure comprehensiveness of the consultation, unforeseen situations may arise. Your accepting telemedicine consultation will be taken as your consent for a telemedicine consult with its ingrained limitations.