TERMS OF USE

Effective Date: December 01, 2017

The following terms and conditions constitute an agreement between you and Your Business Clinic (“YBC,” “we,” or “us”), and applications, services and mobile applications provided by YBC and on/in which these Terms of Use is posted or referenced (collectively, the “Services”). These terms of use (the “Terms of Use”), together with our Privacy Policy govern your use of the Services, both as a non-registered user and as a registered user.

By using or otherwise accessing the services, and/or by registering with us, you agree to the terms of this agreement, including the information practices disclosed in our privacy policy and the use restrictions in the acceptable use policy, and to resolve any dispute that you may have with us or the services in Pakistan. If you do not agree with this agreement, you cannot use the services. Please note that we offer the Services “AS IS” and without warranties. If you are registering an account or using the Services on behalf of an individual or entity other than yourself, you represent that you are authorized by such individual or entity to accept this Agreement on such individual’s or entity’s behalf.

1. About the site

Portions of the Services are viewable without registering with us, but to actively participate or store your information, you must register as a member and authorize the use and disclosure of your information for purposes of allowing us to provide the Services and as otherwise disclosed in our Privacy Policy.

You acknowledge that although some Content may be provided by individuals in the business profession, the provision of such Content does not create a business professional relationship, and does not constitute an opinion, advice, or diagnosis or treatment, but is provided to assist you with locating appropriate business care from a consultant, freelancer or other services, professional or provider (collectively, “Business Consultation Provider”). “Content” means content, text, data, graphics, images, photographs, video, audio, information, suggestions, guidance, and other materials provided, made available or otherwise found through the Services and/or Site, including without limitation Content provided in direct response to your questions or postings.

We make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, expertise, quality of work, price or cost information, insurance coverage or benefit information, or other content through the services. In no event shall we be liable to you or anyone else for any decision made or action taken by you in reliance on any such content. Furthermore, we do not in any way endorse or recommend any individual listed or accessible through the services.

2. We do not provide business advice on portal

The Content that you obtain or receive from YBC, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise through the Services is for informational, scheduling and payment purposes only. All business related information, including but not limited to information shared via the YBC blog, official YBC social channels, YBC emails and text messages, and YBC advertising, is for information purposes only.

The content, whether such content is provided by or through the use of the services or through any other communications from ybc, is not intended as a substitute for, nor does it replace, professional business advice, diagnosis, or solution. Do not disregard, avoid or delay obtaining professional advice from a qualified service provider because of something you may have read on the site. Your use of the content is solely at your own risk. Nothing stated or posted on the site or available through any services is intended to be, and must not be taken to be, the practice of business care.

We do not recommend or endorse any specific procedures, opinions, or other information that may appear through the Services. If you rely on any Content provided through the Services, you do so solely at your own risk.

3. No business client relationship

No licensed business client relationship is created by using the content, whether such content is provided by or through the use of the services or through any other communications from ybc including, but not limited to, the “find a consultant” feature, ybc blog, official ybc social channels, ybc emails or text messages links to other sites or any assistance we may provide to help you find an appropriate business service provider in any field.

We have no control over, and cannot guarantee the availability of any Service Provider at any particular time. We will not be liable for cancelled or otherwise unfulfilled appointments, or any injury resulting therefrom, or for any other injury resulting or arising from or related to the use of the Site or Services whatsoever.

You are strongly advised to perform your own investigation prior to selecting a Service Provider by making confirming telephone calls to the appropriate licensing or certification authorities to verify listed credentials and education, and to further verify information about a particular Service Provider by confirming with the related office, your current Service Providers and/or the relevant authorities.

4. Authorization and acknowledgement; important information about service provider relationships and lists

In connection with using the Site and the Services to locate and schedule appointments with Service Providers, you understand that:

You are ultimately responsible for choosing your own healthcare provider.

Your Business Clinic uses reasonable efforts to ensure that Services offered by the Service Providers are best available in the market. YBC may exclude Service Providers who, in YBC’s discretion, have engaged in inappropriate or unprofessional conduct.

We will provide you with lists and/or profile previews of Service Providers who may be suitable to provide the business services you seek based on information that you provide to us (such as legal or financial information, geographical location, and required services). In an effort to aid in the discovery of Service Providers and enable the maximum choice and diversity of Service Providers participating in the Services, these lists and/or profile previews may also be based on other criteria (including, for example, Service Provider availability, past selections by and/or ratings of Service Providers by you or by other YBC users, and past experience of YBC users with Service Providers); but YBC (a) does not recommend or endorse any Service Providers, and (b) does not make any representations or warranties with respect to these Service Providers or the quality of the services they may provide. Note, however, to the extent that you use the Services as provided by your employer, YBC may provide lists and/or profile previews based also on criteria determined by your employer and your employer’s agents or advisors.

We may show you sponsored results on the Site, including at the top of search results (“Sponsored Results”). YBC receives additional fees from Service Providers or consulting organizations for providing Sponsored Results. Sponsored Results shown through the Services are not, and should not be considered, an endorsement or recommendation by YBC of the Service Provider or healthcare organizations.

5. The services and content as informational and educational resources

We make the Services available as a service to consumers and Service Providers for the purposes of providing an informational and educational resource. We may, but have no obligation to, have Content posted through the Services reviewed by our editorial personnel. It is important to note, however, that the timeliness, accuracy, and completeness of any or all of the Content is not guaranteed. Neither the authors, the editorial personnel, nor any other party involved in the preparation or publication of this work can guarantee that the Content contained herein is accurate or complete, and they will not be responsible for any errors or omissions or for the results obtained from the use of such Content.

You are encouraged to independently confirm the Content contained herein with other sources and to seek the advice of a qualified Service Provider.

Service Provider Content:

Service Provider and practice Content is intended for general reference purposes only. Service Provider Content is both provided by the Service Provider and/or office staff, and collected from multiple other data sources that may not be confirmed by the Service Provider. Such Content often changes frequently and may become out of date, incomplete or inaccurate. Neither the Site nor YBC provides any advice or qualification certification about any particular Service Provider. You are encouraged to independently verify such Content.

Procedures/Products/Services:

The procedures, products, services and devices discussed and/or marketed through the Services are not applicable to all individuals. Any products, services or devices represented through the Services by advertisers, sponsors, and other participants of the Services, either paid or unpaid, are presented for your awareness and do not necessarily imply, and we make no claims as to, safety or appropriateness for any particular individual or prediction of effectiveness, outcome or success.

6. Registration

As part of the registration process, you will provide an e-mail address and create a password. These are your credentials for accessing the Services that are only available to members (“Credentials”). You should keep your Credentials private and not share your Credentials with anyone else. You must immediately notify us if your password has been stolen or compromised by sending an email to [email protected]

7. Your personal information

In order to register, you must provide certain basic information about yourself. Also, you may opt to voluntarily share additional information in order to benefit from all the Services we provide. Our Privacy Policy details how we may use, share and maintain your information, which may include without limitation your name, address, CNIC and contact information; billing information; and other information that is either requested by YBC or voluntarily provided (“Personal Information”). By submitting such information, you authorize YBC, its employees, agents and others operating on its behalf to use and/or disclose such information in accordance with our Privacy Policy. Please review the Privacy Policy carefully, as your use of the Services constitutes your agreement to it.

If you elect to enter information into a history form (“Business History Form”) on behalf of yourself or a third party from whom you have authorization to provide such information, on your request you authorize us to provide such information to the specified Service Provider. You acknowledge and agree that such information will be reviewed and approved by you or someone authorized by you at the time of your appointment to ensure its accuracy. You also acknowledge that YBC may use the data or information you provide on a Business History Form in accordance with our Privacy Policy.

8. Your responsibilities

8.1 Your Responsibilities Generally

Even though the Services are provided free of charge, usual, customary and any other charges for any business or related services rendered by Service Providers will apply and will be entirely your responsibility. You must resolve any dispute between you or any Service Provider arising from any transaction hereunder directly with the Service Provider.

You are responsible for all use of the Services and for all use of your Credentials, including use by others to whom you have given your Credentials.

You may only use the Site and the Services for lawful, non-commercial purposes

. You may not use the Site in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party’s use and enjoyment of the Site or the Services. You may not attempt to gain unauthorized access to any of the Services, user accounts, or computer systems or networks, through hacking, password mining or any other means.

You may not accumulate or index, directly or indirectly, any Content or portion of the Site and/or Services (including, without limitation, Service Provider or practice information, appointment availability, price information, and Business Content) for any purpose whatsoever.

In addition to our rights in these Terms of Use, we may take any legal action and implement any technological measures to prevent violations of the restrictions hereunder and to enforce these Terms of Use or our Acceptable Use Policy.

8.2 Responsibilities of Service Providers and Others in the Consultancy or Business Management Industry.

Regardless of whether you are a member or whether you schedule or intend to schedule appointments through the Services, if you are a Service Provider or other person or entity in the business management/consultancy industries, you acknowledge and agree that:

(A) You will not use the Services to view, access or otherwise use, directly or indirectly, price, availability, or other Content for any purpose other than your own personal use as a client or prospective client.

(B) You will not use the Services to establish, attempt to establish, or enforce, directly or indirectly, any agreement or coordination of the prices charged for any product or service; the kinds, frequencies or amounts of any product or service offered; or the customer or customer categories for any product or service, or otherwise engage or attempt to engage in price fixing, output restriction, or customer or market allocation.

(C) You will not use the Services, directly or indirectly, to engage in any anti-competitive, deceptive or unfair practices, or otherwise violate applicable antitrust, competition or consumer protection laws, or regulations.

9. Changes to the services & new services

We may from time to time add new services to the Services, substitute a new service for one of the existing Services, or discontinue or suspend one of the existing Services. Information about the new services will be included through the Services, and the use of new services will be governed by this Agreement. You agree that YBC will not be liable to you or any third party for any suspension or discontinuation of any of the Services or portion thereof.

10. Links to other sites

The Services may include links to other websites, including links provided as automated search results. Some of these websites may contain materials that are objectionable, unlawful, or inaccurate. These links are provided for your convenience only and we do not endorse these sites or the products and services they provide. You acknowledge and agree that we are not responsible or liable for the content or accuracy of these other websites.

11. Content you post or submit

You will have the opportunity to submit feedback regarding your experiences with Service Providers featured through the Services, to submit inquiries concerning possible business needs and to participate in the other interactive and community features of the Site (collectively “Posted Information”). It is important that you act responsibly when providing Posted Information. All Posted Information must comply with our Acceptable Use Policy.

YBC reserves the right to investigate and at our discretion take appropriate legal action against anyone who violates this provision or the Acceptable Use Policy, including without limitation, removing any offending communication from the Services and terminating the membership of such violators or blocking your use of the Services.

By posting Posted Information through the Services, you agree to and hereby do grant, and you represent and warrant that you have the right to grant, to YBC and its contractors an irrevocable, perpetual, royalty-free, fully sub-licensable, fully paid up, worldwide license to use, copy, publicly perform, digitally perform, publicly display, and distribute such Posted Information and to adapt, edit, translate, prepare derivative works of, or incorporate into other works, such Posted Information. This license is non-exclusive, except you agree that YBC shall have the exclusive right to practice this license to the extent of combining your Posted Information with the Posted Information of other YBC users for purposes of constructing or populating a searchable database of reviews and information related to the business industry.

12. Your use of content

All of the Content is owned by us or our licensors and is protected by copyright, trademark, patent, and trade secret laws, other proprietary rights, and international treaties. You acknowledge that the Services and any underlying technology or software used in connection with the Services contain YBC’s proprietary information. We give you permission to use the aforementioned content for personal, non-commercial purposes only and do not transfer any intellectual property rights to you by virtue of permitting your use of the Services. You may print, download, and store information from the Site for your own convenience, but you may not copy, distribute, republish (except as permitted in this paragraph), sell, or exploit any of the content, or exploit the Site or Services in whole or in part, for any commercial gain or purpose whatsoever. Except as expressly and unambiguously provided herein, neither YBC nor its suppliers grant you any express or implied rights, and all rights in the Site and the Services not expressly granted by YBC to you are retained by YBC.

13. Disclaimer of warranties

We have no special relationship with or fiduciary duty to you. You acknowledge that we have no control over, and no duty to take any action regarding: which users gain access to the Site and/or the Services; what content you access via the Site and/or the Services; what effects the content on the Site and/or the Services may have on you; how you may interpret or use the content on the Site and/or the Services; or what actions you may take as a result of having been exposed to the content on the Site and/or the Services. You release us from all liability for you having acquired or not acquired content through the Site and/or the Services. The Site and/or the Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. We make no representations concerning any content contained in or accessed through the Site and/or the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site and/or the Services. We make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Site and/or the Services. We provide the site and the services “as is”, “with all faults” and “as available.” We make no express or implied warranties or guarantees about the services. To the maximum extent permitted by law, we hereby disclaim all such warranties, including all statutory warranties, with respect to the services and the site, including without limitation any warranties that the services are merchantable, of satisfactory quality, accurate, fit for a particular purpose or need, or non-infringing. We do not guarantee that the results that may be obtained from the use of the services will be effective, reliable or accurate or will meet your requirements. We do not guarantee that you will be able to access or use the services (either directly or through third-party networks) at times or locations of your choosing. We are not responsible for the accuracy, reliability, timeliness or completeness of information provided by users of the services or any other data or information provided or received through the services. Except as expressly set forth herein, ybc makes no warranties about the information systems, software and functions made accessible through the services or any other security associated with the transmission of sensitive information. Ybc does not warrant that the site or the services will operate error-free, bug-free or free from defects, that loss of data will not occur, or that the services, software or site are free of computer viruses, contaminants or other harmful items.

14. General limitation of liability

In no event shall we be liable to you (or to any third party claiming under or through you) for any indirect, special, incidental, consequential or exemplary damages arising from your use of, or inability to use, the site and/or the services. These exclusions apply to any claims for lost profits, lost data, loss of goodwill, work stoppage, computer failure or malfunction, any other commercial damages or losses, or malpractice or negligence of service providers utilized through use of the service, even if we knew or should have known of the possibility of such damages.

15. Termination

We may terminate and/or suspend your registration immediately, without notice, if there has been a violation of this Agreement or other policies and terms posted on the Site or through the Services by you or by someone using your Credentials. We may also cancel or suspend your registration for any other reason, including inactivity for an extended period. YBC shall not be liable to you or any third party for any termination of your access to the Site and/or the Services. Further, you agree not to attempt to use the Site and/or the Services after any such deletion, deactivation or termination (provided, in the case of deactivation due exclusively to your inactivity, you may be permitted to re-register). Sections 2, 3, 4, 9, 11, 12, 13, 14, 15, 16, and 17 shall survive any termination or expiration of these Terms of Use.

16. Indemnification

Upon a request by us, you agree to defend, indemnify, and hold harmless us, our employees, contractors, officers, directors, agents, parent, other affiliated companies, suppliers, successors, and assigns from all liabilities, claims, demands and expenses, including attorney’s fees, made by any third party that arise from or are related to (a) your access to the Site, (b) your use of the Services, or (c) the violation of this Agreement (including without limitation the Terms of Use, the Acceptable Use Policy, and the Additional Terms), or of any intellectual property or other right of any person or entity, by you or any third party using your Credentials. The foregoing indemnification obligation does not apply to liabilities, claims and expenses arising as a result of our own gross negligence or intentional misconduct.

17. Miscellaneous

17.1 Electronic Contracting; Copyright Dispute

Your affirmative act of using the Services and/or registering for the Services constitutes your electronic signature to this Agreement, which includes our Privacy Policy, Acceptable Use Policy and Additional Terms, and your consent to enter into agreements with us electronically.

Please review our Acceptable Use Policy for our copyright dispute policy.

17.2 Changes to These Terms of Use

We may change these Terms of Use and the other documents consisting of the Agreement at any time, as we reasonably deem appropriate. Upon any such change, we will post the amended terms on the Site; we may also attempt to notify you in some other way. Your continued use of the Site and/or the Services following such posting shall constitute your affirmative acknowledgement of the Terms of Use or other applicable Agreement document, the modification, and agreement to abide and be bound by the Terms of Use or other applicable Agreement document, as amended. We encourage you to periodically review these Terms of Use. If at any time you choose not to accept these terms of use, including following any such modifications hereto, then you must stop using the site and the services.

17.3 Limitation of Claims

No action arising under or in connection with this Agreement, regardless of the form, may be brought by you more than one (1) year after the cause of action arose; actions brought thereafter are forever barred.

17.4 Choice of Law

This Agreement shall be deemed to have been entered into and shall be construed and enforced in accordance with the laws of the Islamic Republic of Pakistan as applied to contracts made and to be performed entirely within Pakistan.

17.5 Entire Agreement

This Agreement and any supplemental terms, policies, rules and guidelines posted through the Services, including the Privacy Policy, the Acceptable Use Policy and the Additional Terms, constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of YBC to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

17.6 Headings

The headings of the sections of this Agreement are for convenience only, do not form a part hereof, and in no way limit, define, describe, modify, interpret or construe the meaning, scope or intent of this Agreement or any terms or conditions therein.

17.7 Assignment

We may assign this contract at any time, including without limitation to any parent, subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of our company to another entity. You may not assign, transfer or sublicense this Agreement to anyone else and any attempt to do so in violation of this section shall be null and void.

17.8 Eligibility

You must be 18 years of age or over, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, to register with us or use the Site and the Services. If you are between the ages of 13 and 18 or the applicable legal age in your jurisdiction, you can use the Site or Services only under the supervision of your parent or guardian who has agreed to the Terms of Use. If you are under the age of 13, you may not use the Site or Services. If you are the parent or legal guardian of a child under the age of 18, you may use the Site or Services on behalf of such minor child. By using the Site or Services on behalf of a minor child, you represent and warrant that you are the parent or legal guardian of such child and that all references in these Terms of Use to “you” shall refer to such child or such other individual for whom you have authorization to enter into these Terms of Use on their behalf, and you in your capacity as the parent or legal guardian of such child or as the authorized party of such individual. If you do not qualify under these terms, do not use the Site or Services. Membership in the Services is void where prohibited by applicable law, and the right to access the Site is revoked in such jurisdictions. By using the Site and/or the Services, you represent and warrant that you have the right, authority, and capacity to enter into these Terms of Use and to abide by all of the terms and conditions set forth herein. The Site is administered in Pakistan and intended for Pakistani users; any use outside of Pakistan is at the users own risk and users are responsible for compliance with any local laws applicable to their use of the Services or the Site.