Terms of Service
This website is owned and operated by BestoSys Solutions Private Limited (formerly known as JWYN Technologies Private Limited), an Indian company having its registered office at Pune, Maharashtra. (“BestoSys”).
Notice/Acceptance of Terms
You must ensure that you read and fully understand this Agreement and you agree and acknowledge that all transactions undertaken on the Site shall be your responsibility. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, IMMEDIATELY STOP USING THE WEBSITE AND DO NOT USE ANY SERVICES, PARTICIPATE IN ANY PROGRAM OR PURCHASE ANY DEALS OR OTHER SERVICE OFFERED THROUGH THE WEBSITE.
By entering/providing your email address, you agree to receive e-mails from BestoSys. You may unsubscribe these e-mails at any time.
Access to Products and Services.
- In order to use the Site, User must obtain access to the World Wide Web and pay any service fees associated with such access. System availability and access to the products and services available on the Site may be limited or unavailable for reasons which may include, without limitation, system performance, telecommunications failure, hardware failure, software failure or any other reason(s). BestoSys make no representations, warranties or assurances as to the availability of the Site.
- You warrant that you are eligible to use Website and are at least 18 years or above.
- You are responsible for verifying the completeness and accuracy of any information that you submit for yourself or on behalf of a third party.
- You are responsible for your use of your Internet browser, the Site, the products and services provided on the Site. BestoSys is not responsible for deletion of data, timeliness of services, or the failure to store any of your or your client’s data or personalization settings.
- User agrees and acknowledges that User shall not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
- Subject to the Terms of Service outlined herein, BestoSys authorizes the User(s) to view and access the content available on or from the Website. Users are solely responsible for use of service or any authorizations thereof.
- Users shall ensure compliance of the terms and conditions of this Agreement. Any violation of these terms and/or conditions of this Agreement by any such User shall be deemed to be a violation thereof.
- There may be number of proprietary logos, service marks and trademarks found in the Services whether owned/used by BestoSys or otherwise. By displaying them with the Services, BestoSys is not granting you any license to utilize those proprietary logos, service marks, or trademarks in any advertising, publicity or any other commercial manner. Your use of the Services confers no title or ownership in the Service, the Software or the Marks and is not a sale of any rights in the Service, the Software or the marks.
- This Agreement will be a tri-partite agreement if in case you are an employee, consultant, associate, intern or are in any way associated to the Practitioner that has subscribed to the Services. In such an event each of the party may seek recourse for any violation of the terms of this Agreement against the User.
- User(s) shall have no right to transfer (including by way of sublicense, lease, assignment or other transfer, including by operation of law) their User name or right to use the Service to any third party.
- These Terms of Service outlined herein along with any additional terms, will be applicable to Users who access Software features using native mobile applications published by BestoSys.
- As a functionality of the Service, Users may be able to receive SMS. User acknowledges that BestoSys shall not be responsible for any delay in receiving SMS’s. SMS’s will be sent or received on the basis of the data charges and connectivity of the applicable carrier plan.
- User agrees to use the Website and the materials provided therein only for purposes that are permitted by: (a) this Agreement; and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
Services and use of Website
- BestoSys provides Software through the Website, a practice management solutions as a Software as a Solution (SaaS) model, the details of which are provided at www.BestoSys.com The User agrees and acknowledges that BestoSys only provides Services to Users through its Website and that BestoSys shall not be responsible for and does not deal with any of Practitioners’ client or patient managed by User through the Website. Use of the Website may require the User to use Software provided by or operated from the Website, and on occasion BestoSys may make certain software available to User from the Website. To the extent User uses such software or downloads such software from the Website, the software, will be deemed to be licensed to User by BestoSys subject to the limited rights specified in this Agreement, for providing Services to User and enabling User to use those Services only. Any rights not specifically granted herein are reserved by BestoSys. Further, BestoSys does not transfer either the title or the intellectual property rights to the Software, and BestoSys (or its licensors) retain full and complete title to the Software and services as well as all intellectual property rights therein.
- BestoSys may offer a free trial of Services for a limited duration, during which User will get to experience the features of the Services. The use of trial period shall be subject to the terms of this Agreement. Any data User enters into the Services, and any customizations made to the Services by or for User, during the free trial will be permanently lost unless the User upgrades his/her/its subscription to one of the paid Plans, available at www.BestoSys.com. BestoSys does not provide any support as mentioned in this Agreement during the trial period, including our uptime.
- BestoSys will provide to the User basic support for the Services at no additional charge, and/or upgraded support if purchased separately and will use commercially reasonable efforts to make the Services available 24 hours a day, 7 days a week, except for (i) planned downtime (of which BestoSys shall give at least 8 hours notice via the Services and which BestoSys shall schedule to the extent practicable between 9:00 p.m. Indian Standard Time (IST) Friday to 6:00 a.m. Indian Standard Time (IST), or (ii) any unavailability caused by circumstances beyond BestoSys’s reasonable control, including without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems, or internet service provider failures or delays. BestoSys will provide the Services only in accordance with applicable laws and government regulations.
- The Services may be subject to certain limitations, such as, available features, number of times a feature can be used, number or total size of uploaded files, limits on disk storage space, on the number of calls Users are permitted to make against BestoSys’s application programming interface, and, other limitations dependent on the User Plan, for example, number of SMS, number of appointments, number of users or accounts, validity of subscription. Any such limitations are specified in the User Plans. The Services provide real-time information to enable User to monitor such User’s compliance with such limitations.
- In order to improve the quality of information and to make them more suitable for Patients who use the Website to search for a Practitioner, BestoSys reserves the right to curate any Practitioner information that may be available on its Website. In case Users find any wrong information on the Website in relation to themselves, they can rectify it themselves or contact BestoSys immediately for rectifications, provided that BestoSys shall have no liability or responsibility in this regard.
- There may be any Services (including ancillary products or services) which may be subject to any additional limitations, restrictions, terms and/or conditions specific to such Services or Software (“Specific Terms”). BestoSys will make available to the Users any Specific Terms to allow Users to access and use the relevant Services or Software and the Users will be required to accept and comply with such Specific Terms in order to access and use the relevant Services or Software.
- At all times, BestoSys reserves the right to add new functionality, remove existing functionality, and modify existing functionality to its Services as and when it deems fit, and make any such changes available in newer versions of its Software or Website or both at its sole discretion and will duly notify Users upon release of such newer versions. BestoSys reserves the right to automatically upgrade all Users to the latest version of its Services as and when it deems fit.
No Unlawful or Prohibited Use; User Content
As a condition of your use of the Site, you warrant to us that you will not use, or permit any third party to use, the Site for any purpose that is unlawful or prohibited by these terms. If you violate any of these terms, your permission to use the Site automatically terminates. Site Message boards, chat rooms, e-mail and other features on the Site that may be offered from time to time and may be operated by us or by a third party on our behalf. You shall not (nor cause any third party to) use the Site or information provided through the Site to perform any illegal activities (including without limitation defaming, abusing, harassing, stalking, threatening or otherwise violating the legal rights, such as rights of privacy, of others) or immoral activities or any of the following types of activities, without limitation:
- disseminating libelous, harmful, vulgar, pornographic, obscene or otherwise objectionable material;
- containing nudity, violence of offensive subject matter, or are deemed exploitive in any way;
- promoting racism, prejudice, bigotry, hatred, harassment or physical harm of any kind against any individual, group or individual;
- promoting illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; or promote any criminal activity or enterprise or provide instructional information about illegal activities, such as making or buying illegal weapons or violating someone's privacy;
- using any computer code, data mining software, "robot," "bot," "spider," "scraper" or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the Web pages, data or content found on the Site or accessed through the Site;
- transmitting information that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- transmitting any material that contains software viruses, Trojan horses, worms, time bombs, cancelbots, spyware, malware, SQL injection or any other computer code, files, or programs which may interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- impersonating anyone or any entity, falsely stating or otherwise misrepresenting your affiliation with a person or entity;
- advertising or posting any commercial content;
- interfering with or disrupting the Site;
- disrupting the activities or enjoyment of the Site for other users; or
- collecting or storing personal data about other users.
BestoSys is the sole owner or lawful licensee of all the rights to the Website and its content. Website content means, including but not limited to, text, graphics, logos, button icons, images, audio clips, videos, animations, digital downloads, data compilations, software, and the compilation of any of the foregoing, is our property and is protected by copyrights, trademarks, or other intellectual property rights and laws. The trade names, trademarks and logos used on the Site are our trademarks, service marks, trade dress (collectively "Trademarks"). Sites are protected by copyrights, Trademarks, or other intellectual property rights and laws and their display on and availability through the Site does not convey or create any license or other rights in these Trademarks and associated products and services. Any unauthorized copying, reverse engineering, redistribution, reproduction, publication or modification of Site content by any person without our prior written authorization is strictly prohibited, may be a violation of common law, Trademark, patent and copyright laws and may subject such a violator to legal action. The use of content from the Site on any other Website or networked computer environment is similarly prohibited. We accept no responsibility for any errors or omissions, or for the results obtained from the use of this Site. All information in the Site provided "as is" with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose. Requests for permission to reproduce or distribute materials found on the Site can be made by contacting us in writing at the address listed below. You are also strictly prohibited from creating works or materials that derive from or are based on the Site content or other materials contained in any Site including, without limitation, fonts, icons, link buttons, wallpaper, desktop themes and unlicensed merchandise. This prohibition applies regardless of whether the derivative materials are sold, bartered or given away. We reserve the right to modify, suspend or discontinue, temporarily or permanently, the Site or any services provided therein (or any part thereof) from time to time, for any or no reason and without notice. You agree that we are not liable to you or to any third party for any modification, suspension or discontinuance of the Site. The information and materials contained on the Site are subject to change. You will be automatically bound by these modifications when you use this site.
- The User agrees to pay all subscription fees, support fees (if applicable) and other fees as may be applicable to User’s use of Services and the User shall not circumvent the fee structure. The fee is dependent on the User Plan that User purchases and not on actual usage of the Services. The fees are exclusive of taxes, regulatory fees and connectivity/other expenses incurred at user’s end, all of which shall be borne by the User. The subscription fee is non-refundable.
- BestoSys shall have a right to adjust dues on one account against receipts on the other account. Users consent to allow set off between one or more of the User’s accounts.
- BestoSys reserves right to change fees any time by providing a thirty (30) days’ notice.
- The User shall make payment as per the terms and conditions applicable to the payment gateway of this Website.
- The fees could be paid online through the facility made on the Website. Third parties support and services are required to process online fee payment. The fees could also be paid offline and be either collected personally from the User or required to be mailed to BestoSys at the following address: BestoSys Solutions Private Limited, A2-502 Regency Cosmos, Survey No. 84/2 Mhalunge Road, Baner, Pune 411045 India.
- The User undertakes all payments subject to its own risk and violation. BestoSys is not responsible for any loss or damage caused to User during this process as these third parties are beyond the control of BestoSys.
- The payment process would be considered to be complete only on receipt of the amount to BestoSys's designated bank account. While BestoSys may activate the services earlier in good faith, BestoSys reserves the right to deactivate the service if the payment process doesn’t complete or is reversed by any means.
- Fees not received within the specified due dates shall be subject to late payment fees at the rate of 18% per annum from the due-date of payment.
- Notwithstanding anything to the contrary contained herein, in case the payments are made by a User through credit card, invoice for subsequent subscription period/renewals shall be generated 10 (ten) days prior to the expiry of the existing subscription period and an email will be sent to the email id of such User registered with BestoSys intimating such User about expiration of the current subscription period along with a copy of the invoice for the subsequent subscription period/renewal. If a User is not willing to continue or renew the subscription of Services, the same shall be communicated to BestoSys within 5 (five) days of receipt of such intimation from BestoSys. In the absence of such intimation to discontinue the subscription, BestoSys shall be entitled to charge the User registered with BestoSys towards subscription renewal for same duration on the day the current subscription period expires.
BestoSys reserves the right to take all of the following actions as it deems appropriate in the event that the fees remain unpaid beyond the date a payment becomes overdue including but not limited to:
- reduce all service credits in Users’ Services account to 0 (zero) anytime after 7 (seven) days from the overdue date, including but not limited to SMS and other Services credits.
- discontinue the Services to the User anytime after 30 (thirty) days from the overdue date.
- delete all information in User’s account anytime after 90 (ninety) days from the overdue date.
- You agree that you will not disclose our Confidential Information to any person or entity, other than as necessary to use the products and services provided on the Site. You will not use or permit the use of any Confidential Information except as necessary in connection with the products and services. You shall use at least the same degree of care in safeguarding the Confidential Information as you use in safeguarding your own confidential information, but in no event shall you use less than due diligence and care. "Confidential Information" means all information or material: (i) which is obtained from password protected portions of the Site or (ii) which (A) is marked "Confidential," "Restricted," or other similar marking, (B) is known by the parties to be considered confidential, or (C) is or should be known or understood to be confidential or proprietary by an individual exercising reasonable judgment.
- The fact that the information is being collected;
- The purpose for which the information is being collected;
- The intended recipient of the information;
- The name and address of the agency that is collecting the information and the agency that will retain information; and
- The various rights available to such Users in respect of such information.
- Each Practice and its users of Software will be responsible for obtaining explicit consent from their Patients before storing Patient data in Software.
- BestoSys 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 BestoSys or any other person acting on behalf of BestoSys.
Third Party Links
The Site may provide links or references to other Sites. We make no representations, warranties or assurances as to any information in such Sites, have no responsibility for their content and shall not be liable for any damages or injury arising from that content. We disclaim any opinions expressed on such Sites. Any links to other Sites are provided merely for your convenience and the inclusion of such links does not imply that we have reviewed them or that we endorse the content of such Sites. Please be aware that when you exit our Site, you are subject to the policies of the new site. Where we are offering our own content on or through third party Sites (whether by linking, framing or otherwise), your use or display of that content shall be subject to this Agreement is applicable to the use or display of that content. Thus, BestoSys cannot be held responsible for the content of any linked Site or any link contained therein.
User(s) are entitled to unsubscribe services with or without cause, by providing a prior written notice of thirty (30) days to BestoSys. BestoSys reserves the right to terminate this Agreement in the event the User breaches the Agreement or makes any unauthorized use of services..
Disclaimer of Warranties
ALL PRODUCTS AND SERVICES OFFERED ON THE SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED. WE AND OUR DATA PROVIDERS DISCLAIM ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE PRODUCTS AND SERVICES OFFERED ON THE SITE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE SITE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE SITE OR THROUGH ANY LINKS PROVIDED ON THE SITE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS AND SERVICES IS DONE SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY CLAIMS, INCLUDING WITHOUT LIMITATION ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA, THAT RESULTS FROM DOWNLOADING OR OTHERWISE OBTAINING SUCH MATERIAL. BestoSys DOES NOT WARRANT THAT THE SITE WILL BE ERROR FREE OR WILL PERFORM IN AN UNINTERRUPTED MANNER
Limitation of Liability
IN NO EVENT SHALL BestoSys OR ITS AFFILIATES, ANY OF OUR DATA PROVIDERS OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, DELIVERING OR MANAGING THE CONTENT OR OPERATIONS OF THE SITE (COLLECTIVELY THE "SITE PROVIDERS"), BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CLAIMS WHATSOEVER, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGE (INCLUDING WITHOUT LIMITATION ANY LOST REVENUES, LOST PROFITS, LOST OPPORTUNITIES, LOSS OF PROSPECTIVE ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SITE, ANY COMMUNICATIONS SENT TO YOU VIA THE SITE OR OTHERWISE FROM US (INCLUDING WITHOUT LIMITATION IN THE FORM OF ELECTRONIC MAIL OR VIA TELEPHONE), OR INFORMATION AVAILABLE FROM THE SITE, EVEN IF ANY ONE OF OR ALL OF THE SITE PROVIDERS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. OUR TOTAL LIABILITY TO YOU HEREUNDER FOR DAMAGES FOR ANY CLAIM ARISING OUT OF THIS AGREEMENT OR ANY SERVICES SHALL NOT EXCEED INR ONE THOUSAND.
User hereby agrees to indemnify and save BestoSys, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, as a result of any claims asserted by third party rights claimants or other third parties relating to products offered or displayed on the Site. You further agree to indemnify us and hold us harmless from and against any Claims arising out of or relating to: (i) User content and Feedback you submit, post to or transmit through the Site; and (ii) your violation of any rights of any other person in connection with the Site, information you post on the Site, information you receive from the Site, or the products or services provided on the Site. If at any time you are not happy with the Site or object to any material within the Site, your sole remedy is to cease using them.
Force Majeure Circumstances
BestoSys shall have no liability to you for any interruption or delay, to access the Site due to any Force Majeure event.
- Governing Law. The Agreement shall be governed by the Laws of India. The Courts of law at Pune shall have exclusive jurisdiction over any disputes arising under this Agreement.
- Entire Agreement. This Agreement, is the entire and exclusive Agreement between the parties, and it supersedes all previous communications, representations or Agreements, either oral or written, between them with respect to this subject matter. No representations or statements of any kind made by us, which are not included in this Agreement, shall be binding on us.
- Amendments.. We may replace or amend this Agreement from time to time by posting new terms of service to this Web page. Please check the terms of service periodically for changes. Your subsequent use of the Site, or any content, products, services or materials provided through the Site, will signify your acceptance of the changed terms .If you do not adhere to the changes, you must stop using the services.
- Waiver. No waiver of any provision herein shall be valid unless in writing and signed by both our authorized representative and you. Our failure to insist upon or enforce strict performance of any provision of this Agreement or any right shall not be construed as a waiver of any such provision or right.
- Severability. If any provision of this Agreement is determined to be illegal or unenforceable, such provision shall be automatically reformed and construed so as to be valid, operative and enforceable to the maximum extent permitted by law or equity while preserving its original intent. The invalidity of any part of this Agreement shall not render invalid the remainder of this Agreement.
- No Partnership. You and BestoSys are not legal partners or agents; instead, our relationship is that of independent contractors.
- Miscellaneous. This Agreement shall inure to our benefit. Any and all references in this Agreement to us, where the context so permits, include our parent companies, sister companies, and their respective subsidiaries, affiliates, directors, officers, employees, contractors and agents.
- The headings contained herein are for convenience only and shall have no legal or interpretive effect. Additional terms and conditions may apply when you use other services, affiliate services, third party content or third party software on or through a link provided on the Site. We may assign our rights and duties under this Agreement to any party at any time without notice to you.