Terms and Conditions

Domain: www.avenirhealth.lk         

Thank you for using Avenir Health!

These terms and conditions govern the use and access of the website; www.avenirhealth.lk and mobile application (collectively known as Platform) which is owned by AvenirHealth and licensed to use by ABC Hospital (hereinafter known as the Health Service Provider). ABC Hospital_shall be solely responsible for all content, clientele inquiries and complaints, products and services available within the Platform and  shall take full liability and responsibility in client management and product and service management.  

Further, these Terms and Conditions (“Terms”) are a binding legal agreement between you and AvenirHealth that govern your use of the websites, applications, and other offerings from AvenirHealth 

The Platform offers an e-space that enables the hospital to directly form a connection with potential customers or users of the Platform and provides access to Customers to search content, make appointments, purchase products and services via the Platform.

Whilst some of the content is free, you must register an account to access and use many features of this Platform and must provide account information that is accurate. Avenir does not in any way control, offer or manage any products or services of the Health Service Provider, and Avenir is not a party to the contracts concluded directly between the Health Service Provider and its users and Customers.  

Avenir is not directly or indirectly affiliated to the Health Service Provider or the Customer and acts only in the capacity of maintaining the platform.

If you’re the Health Service Provider, you are responsible for understanding and complying with all laws, rules, regulations and contracts with third parties that apply to your products and services.

If you are a Customer, it will be your responsibility to conduct independent due diligence of the Health Service Provider and their content, products and services.

Further, if you continue to browse and use this website and application you’re agreeing to comply with and be bound by these terms and conditions herein. Therefore, by using this website and agreeing to these terms and conditions you warrant and represent that you are above the age of eighteen (18) years.

These Terms and Conditions together with any and all updates, additional terms including but not limited to the Privacy Policy, collectively constitute the contract between you and the Health Service Provider. Further, you agree to ensure that anyone who uses the Service on your computer or anyone who uses the Service using your account shall abide by these terms and conditions.

The Platform has the right to revise these Terms Conditions and all other Legal Agreements applicable to the service herein at any time without providing notice to its users. Your continued use of the Service shall be deemed acceptance of any revisions or modifications to these Terms and Conditions. 

We reserve the right to change, modify, suspend or discontinue any portion of the Service at any time. We may also impose limits on certain features or restrict your access to parts or the entire Service without notice or liability.         

  1. DEFINITIONS 

"You", "your" and "yours" are references to the person or entity accessing this site and uploading, visiting, purchasing, buying, sharing or viewing content. 

  • Customers: individuals who purchase or receive the end goods and services, including those who receive goods and services requested by another individual.
  • Health Service Provider: ABC Hospital and shall be responsible for all the services, facilities, accuracy of content provided herein.         
  • Users: Shall be any individual whether customer/End User or Health Service provider that uses this platform.
  •  “Confidential Information” shall mean any and all information including proprietary information and intellectual property and shall include  trade secrets, documentation, designs, processes, specifications required to produce material, research and development techniques, handbooks, manuals, codes, data, know-how, computer software and programs, Client information, supplier information and databases of such information. Further, any information provided by us to you as part of this Agreement or through the secure areas of the Service, or verbal or written correspondence, including but not limited to email, text message fax and any other form of social media communication.
  1. ELIGIBILITY

The Service is available only to, and may only be used by, individuals who can form legally binding contracts under applicable law. Thus, only individuals above the age of eighteen (18) years shall use the Avenirhealth Platform. 

  1. SERVICE SCOPE

This e-commerce platform site located at the following URL: www.avenirhealth.lk provides a health facilitation service between the Health Service Provider and Customer for the purpose of buying and selling products and services related to the Health Care Sector efficiently. This aims to ease transaction barriers between customer and health service provider.

Presently, the services afforded by the Platform includes the following:

  • Hospital information, all services available, timed and schedules of Doctors, fees, current news and events pertaining to health and the health service provider, promotions, appointment services and consultations, lab services and investigations, pharmacy services, pick up and delivery, telemedicine, management of patient records and family records.  
  • The Platform reserves the right to add, modify, suspend or discontinue any portion of the Services at any time.
            
  1. ORDER CONFIRMATION ON THE PLATFORM.
  • Searching: You can search for Services available by using criteria like the type of Service, availability, reviews, location etc. You can therefore use filters to refine your search results. Search results are based on relevance and other criteria. Relevance considers factors like price, availability, Reviews, customer service and cancellation history.  
  • Ordering a Product or Service:                  
    The Health Service Provider     would display the types of products and services available, a description and a calendar setting where the date is required. Therefore, when you purchase a good or service you are agreeing to pay all charges for the subscribed service including the listed price, applicable service fees, taxes, and any other items identified during checkout (collectively, “Total Price''). You are also agreeing that the Health Service Provider shall charge and collect any security deposit or total price payments identified during checkout. When you receive the order confirmation, a contract is formed directly between you and the Health Service Provider The cancellation policy herein and any other rules, standards, policies, or requirements identified during checkout shall form part of your contract with the Health Service Provider.         
  • In the event of cancellation or refunds, the Customer must claim directly from the Health Service Provider.

  • Payment
  • Subscription Fees: This Platform may provide content, products or services on a subscription model and certain content, products or services for free. Therefore, fees and payment would be dependent on the user/customers utilisation of services. In the event a User/Customer chooses the subscription model, these payments shall be automatically deducted on a monthly basis as per the mode and method prescribed by the Health Service Provider. Cancellation of Subscription fee must be done prior to the 1st of each month to avoid automatic renewal. No refund shall be returned in the event of an automatic renewal of any subscription model.

  • General Payments: The prices of products and services exclusive of tax and shall be added in at check-out/order confirmation. If a payment is applicable, you shall not be entitled to consult, book, or purchase products or services on the Platform until your full payment is accepted and verified.
  • Revision of Fees: The Health Service Provider reserves the right to revise the fees from time to time. Reasonable advance notice of any changes to our fees would be provided to users and customers within the Platform. In the event the fee change is unacceptable, the customer/ user shall have the right to cancel the Subscription Plan, provided that all outstanding amounts due to the Health Service Provider are paid immediately.        
  • Payment Processors: Third-party payment processors/gateways (“Payment Processor”) will be used to invoice via your selected mode of payment. The processing of payments will be subject to the terms and policies of such Payment Processors in addition to these Terms. The Platform nor the Health Service Provider shall be liable for any error by the Payment Processor. In the event of any unsuccessful payments, the money so debited shall be credited in accordance with the terms of the Payment Processor.
  • Issues related to Payments: In the event of an issue with the payment process you may reach out to ABC Hospital in order to lodge a complaint, discuss cancellations and refunds.
  • Refunds: The Customer/User may be entitled to refunds or cancellations as per the terms and conditions herein.  
  1. CANCELLATION POLICY          
  1. Cancellation policy for Services via the Health Service Provider shall be the following:  
  • If a confirmed service is cancelled between Customer and Health Service Provider within 24 hours of its scheduled start time, a 25% cancellation fee will be charged.         
  • If a confirmed service is cancelled between Customer and Health Service Provider within an hour of the confirmed time or the customer does not show up, a 50% cancellation fee will be charged.         
  • If the cancellation is the fault of the Health Service Provider there will not be a charge, however the Health Service Provider shall ensure that another mutually beneficial date is confirmed between both parties.

  1. Cancellation policy for Products via a Vendor shall be the following:  

  • If an order for a product has been cancelled by the Customer prior to the Health Service Provider beginning to process the goods (prior to 12 hours) the full payment shall be refunded to the Customer.
  • If an order for a product has been cancelled by the Customer after the Health Service Provider has begun to process the goods, only 75% of the Fee shall be returned to the Customer as the Health Service Provider must recover the requisite costing.         
  1. Modifications to an Order: The Health Service Provider and Customers are responsible for any Modifications they agree to make via the Platform. Users may agree to pay any additional amounts, fees or taxes associated with such a Modification provided that both parties have agreed to this modification in writing.

  1. ACCOUNT INFORMATION

In order to purchase products and services on this platform customers may be required to create an Account with us thereby requiring customers to register a username and password. All information registered herein by a customer shall be deemed complete, true and accurate.

A customer further agrees they shall be responsible for all activity that occurs or is generated via their Account. The Customer’s id and password which are necessary to access the Account and the features associated with it are the sole responsibility of the customer to keep such information secure and confidential.

The Customer is therefore held responsible for maintaining the confidentiality of their Account, and they shall not distribute this information or allow others to use this information to gain access to the platform.         

In the event the Customer is made aware of an unauthorised use of their account, they must immediately report to us so that we may prevent any possible infringements on our platform.

All information that is provided to us in relation to any payment details shall be deemed by us to be accurate complete and true. Whilst making any online payments the Customer represents that they are using their own Credit Card or Debit Card, or that they have the authorization by the Card Holder to make such payments.         

We are not liable for any purchase of product or service fraudulently acquired by the utilisation of any online payment method provided by us. Thus, any such refund shall be solely at the discretion of the Health Service Provider. . 

The Platform and the Health Service Provider shall have the sole right to void a transaction in instances it is believed that the transaction is fraudulent and or misrepresented. Therefore, we shall not be held liable for any inconvenience caused to any users or customers due to any security measures that we adopt to prevent infringements and fraudulent activities.  

All information provided by a user or Customer shall be retained by us and utilised for the purpose of providing a better service to all users that may access the Platform.

All users and customers hereby further acknowledge and agree to receive promotional material from us from time to time. 

In certain instances, the purchase of products and services by customers are permitted without the requirement of a registered account via this Platform. Thus, all such customers also confirm that all information provided in such transactions including the name, address, email address and payment details are true and accurate.

  1. YOUR RESPONSIBILITIES AND ASSUMPTION OF RISK.         
  1. Your Responsibilities:
  1. You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you invite to join or provide access to your account via your account in this Platform.          
  2. You must act with integrity, treat others with respect within this platform and must always comply with applicable laws.        

  1. Your Assumption of Risk.        
    You acknowledge that many activities carry inherent risks and agree that, to the maximum extent permitted by applicable law, you assume the entire risk arising out of your access to and use of the Platform and any Content shared therein.  
  2. Access and Interference
  • You acknowledge and agree to use the platform solely for lawful purposes. Access to this Platform may be terminated without notice should you be deemed to be using your Account for any unlawful purpose.        
  • You agree that you shall not use any illegal and fraudulent and automated means to access the platform.         
  • You agree that you shall not:         

(i) copy, reproduce, modify, create derivative works from, distribute or publicly display any content from this platform without prior expressed written permission and the appropriate third party, as applicable;         
(ii) interfere or attempt to interfere with the proper working infrastructures of the Platform;         
(iii) harvest or collect information about the users or members of the Platform; or         
(iv) use such information for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic e-mail or communications to users for your gain or sell such information to third parties.         

  • Further, your activities through the Platform shall not:         

(i) be false, inaccurate or misleading;         
(ii) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;         
(iii) violate any law, statute, ordinance or regulation;         
(iv) contain any viruses, Trojan horses, spyware, worms, time bombs, cancelbots, or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.        

  • Furthermore, you undertake not to:         
  1. Publish, post, comment, upload or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent and unlawful material or information.
  2. Use the website and application in a manner that impacts or causes detriment to user access or causes damage to the administration or reputation of the Platform or the Health Service Provider.
  3. You shall not by your actions bully, discriminate, impersonate, intimidate or cause annoyance to the Users and Visitors of this Platform or to the administrators of this Platform.          

  1. INTELLECTUAL PROPERTY         

All trademarks, service marks, trade names, logos, domain names, Copyrights and any other features of the platform herein is the sole property of Avenir IT (PVT) Ltd. The Agreements shall not grant you any rights to use any features outside the permissions granted herein.

  1. THIRD PARTY APPLICATIONS

The Health Service Provider via the Platform may at times be integrated with third-party applications, websites, and services (“Third-Party Applications”) to make available content and services to you. These Third-Party Applications may have their own terms and conditions and privacy policies, and your use of these Third-Party Applications will be governed by and subject to their terms and conditions and privacy policies.

Therefore, you understand and agree that the Health Service Provider or the Platform does not endorse and is not responsible or liable for the behaviour, features, or content of any Third-Party Application or for any transaction you may enter with the provider of any such Third-Party Applications.

  1. TERMINATION, SUSPENSION AND OTHER MEASURES
  • Term: The agreement between you and the Platform reflected by these Terms is effective when you access the Platform (for example to create an account or to purchase a product or service) and remains in effect until either you or we terminate the agreement in accordance with these Terms. Upon termination a customer shall remain liable for all fees and amounts due to the Health Service Provider under their Account.        
            
  • Termination: You may terminate this agreement at any time by sending us an email or by deleting your account. The Platform may terminate this agreement and your account for any reason by giving you 30 days’ notice via email or using any other contact information you have provided for your account. The Platform may also terminate this agreement immediately and without notice and stop providing access if you breach these Terms, you violate the Platform’s Policies, you violate applicable laws, or we reasonably believe termination is necessary to protect the Platform, its Users, or third parties.

  • Effect of Termination: If you terminate your account as a customer, any confirmed order(s) will be automatically cancelled, and any refund will depend upon the terms of the cancellation policy. When this agreement has been terminated, you are not entitled to a restoration of your account or any of your Content. If your access to or use of the Platform has been limited, or your account has been suspended, or this agreement has been terminated by us, you may not register a new account or access or use the Platform through an account of another user.        

        

  1. INFRINGEMENT AND REPORTING USER CONTENT

Avenir IT (Pvt) Ltd respects the rights of all intellectual property owners. If you believe that any content herein infringes your intellectual property rights. You may notify us via info@avenir.lk

In such circumstances we may with absolute discretion take action without prior notification to the provider of that Content. If the provider believes that the content is not infringing, the provider may submit a counter-notification to info@avenir.lk  with a request to restore the removed content.

In the event you believe that the content uploaded herein does not comply with the standards set forth herein you may make a formal complaint to  us via info@avenir.lk .

  1. SERVICE LIMITATIONS AND MODIFICATIONS

Avenir IT (Pvt) Ltd shall make reasonable efforts to keep thePlatform operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. To the extent permissible under applicable law, Avenir IT (Pvt) Ltd reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Platform, with or without notice, all without liability to you, except where prohibited by law, for any interruption, modification, or discontinuation of the platform or any function or feature thereof. Notwithstanding the foregoing, if you have prepaid fees for certain functions that are permanently discontinued prior to the end of the Paid Term, the Health Service Provides shall refund you the prepaid fees for the Pre-Paid Period after such discontinuation.

  1. BREACH

Without limiting other remedies, we may limit your activity, immediately remove your Account and/or Content, warn the community of your actions, issue a warning, temporarily suspend, indefinitely suspend or permanently terminate your Account, refuse to provide services to you or commence legal action against you if: (a) you breach these Terms and conditions of this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us or the Health Service Provider; (c) we believe that your actions may cause financial loss or legal liability for you, the users, third parties or us; or (d) if you hassle, harass or discriminate other users or third parties of the Platform.         

  1. NO WARRANTY

All materials, information, products and services included in or available through the Platform of  are provided "as is'' and "as available" for your use solely by the Health Service Provider and Avenir Pvt Limited shall not be liable for (i)implied or expressed warranties of merchantability, fitness for a particular purpose, or non-infringement. we, ,our subsidiaries, and our licensors do not warrant that materials, information, and services included by the Health Service Provider through this Platform are accurate, reliable or correct as Avenir (Pvt) Limited is not affiliated and the Platform is only a facilitation space (ii) we do not warrant the performance or non-interruption of the Platform; and (iii) we do not warrant that verification, identity or background checks conducted (if any) will identify past misconduct or prevent future misconduct of users. The disclaimers in these Terms apply to the maximum extent permitted by law.

  1. AVENIR(PRIVATE) LTD: OUR LIMITED LIABILITY

Under no circumstances shall we, our directors, officers, employees, affiliates, subsidiaries, or our licensors be liable for any direct, indirect, punitive, incidental, special, consequential, or other damages under any other legal theory that result from (i) these Terms, (ii) the use of or inability to use the Platform or any Content, (iii) any communications, interactions or meetings you may have with the Health Service Provider or someone you interact or meet with through, or as a result of your use of the Platform, or (iv) the purchase and use of the products and services by the Health Service Provider.

  1. INDEMNIFICATION

You agree to indemnify, defend and hold Avenir(Pvt) Ltd; its subsidiaries, affiliates, directors, officers, employees advisers, lenders and investors harmless from and against any and all liability and costs, including reasonable attorneys' fees incurred by said parties, in connection with or arising out of your (a) violation or breach of any term of these Terms and Conditions or any applicable law, regulation, policy or guideline, whether or not referenced herein, (b) violation and infringement of any rights of any third party, or (c) use or misuse or of the platform described herein iii) your interaction with any User, or Third party that results in without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction,  use of service.

You further agree to indemnify and hold harmless Avenir (Pvt)Ltd for any indirect damages as the platform provided herein is licensed to the Health Service Provider..

  1. YOU FURTHER AGREE TO THE FOLLOWING:         
  1. As the service described herein is that of platform that facilitates an e-space  between Health Service Provider and Customer, you the User/Customer understands and acknowledges that we are not responsible for the products or services of the Health Service Provider and any complaints must be directly resolved with the Health Service Provider.          
  2. Force Majeure: The Customers and Users of the Platform understand that Force Majeure situations may occur. Therefore, the Platform shall not be liable for any delay or failure resulting from causes outside its reasonable control, including, but not limited to, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, curfews, fire, floods, accidents, pandemics, epidemics or disease, strikes or shortages of transportation facilities, fuel, energy, labor. However, in the event of a Force Majeure situation The Health Service Provider shall mutually try to discuss a suitable, and fair timeframe it can fulfil its services to the Customer. In the event the Health Service Provider fails to do so, any payments made by the Customer shall be refunded.

  1. Emails and Text Messages: You will receive administrative communications and promotional materials from us using the email address or other contact information you provide from your account.  

  1. Reviews: After each Order Completion, the Customers will have an opportunity to review its order. Your Review must be accurate and should not contain anything discriminatory that violates our Policies. We encourage Users to Review the experience so that it may uplift the standards of service.         
  1. DISPUTE RESOLUTION

In the event the Customer and AvenirHealth or Third party requires support/ make complaints  they may contact Avenirhleaht  viainfo@avenir.lk .

In the event there is a dispute between Customer and Hospital  with regard to payments or quality of products or services, the dispute must directly be resolved with the Hospital only.  

  1. GENERAL PROVISIONS

Modification of Terms:        
Avenirhealth reserves the right to modify these Terms and Conditions at any time by publishing the revised Terms of Conditions on this page herein. Your continued use of this platform shall constitute your acceptance of the revised terms and conditions. Avenirhealth also reserves the right to terminate services or content available within the Platform.

Entire Agreement:        
The Terms and Conditions herein constitute the entire agreement between you and us; Avenirhealth with respect to the subject matter hereof and will supersede and replace all prior understandings and agreements, in whatever form, regarding the subject matter.

Severability:
Should any term or provision of these Terms and Conditions be deemed invalid, void or enforceable either in its entirety or in a particular application, the remainder of these Terms shall nonetheless remain in full force and effect.        

No Waiver:        
Unless expressly waived in writing and signed by Avenirhealth, the failure by us at any time or times to enforce any term of these Terms and Conditions or to require performance of any obligations under these Terms and Conditions shall not affect Avenirhealth.’s right at a later time to enforce the same or to require performance of same.

Non-Assignable Without Consent:        
You shall not assign these Terms and Conditions or any rights hereunder without the prior written consent of Avenirhealth to any third Party unless permitted to do so within the Platform. We further reserve the right to assign these Terms and Conditions or any rights or obligation without your consent to third parties.

Governing Law and Dispute Resolution:        
These Terms shall be governed by and construed in accordance with the laws of Sri Lanka. The parties agree that any dispute in relation to the Terms and Conditions shall be submitted to arbitration in Colombo, Sri Lanka. The arbitration shall be conducted by a single arbitrator with experience in computer/technology matters. The decision of the arbitrator shall be legally binding and shall be enforceable in any court of competent jurisdiction.


I agree to comply with all applicable laws regarding my use of  www.avenirhealth.lk. I further agree that information provided by me is truthful and accurate to the best of my knowledge and I declare and agree to the terms and conditions set forth above.