Terms and Conditions of Use
About iConceive (India)
Welcome to iConceive, a digital platform (“Platform”)
for tracking and monitoring assisted reproductive medicine treatment plans
for patients (“Services”).
The website bearing address
https://iconceive.in
is owned and operated by iConceive Private Limited, a company incorporated
under the laws of India and having its registered office at ALD Building,
Sector 60, Noida.
Access to and use of the Website, Mobile App, and any associated products
or services is provided by iConceive Private Limited. Please read these
terms and conditions (“Terms”) carefully. By accessing,
using, browsing, or registering on the website, you signify that you have
read, understood, and agreed to be bound by these Terms.
If you do not agree with these Terms, you must immediately cease usage of
iConceive or any of the Services.
iConceive may update or change these Terms at its sole discretion. Updates
will take effect from the date of publication or notification. It is
recommended that you keep a copy of these Terms for your records.
1. Acceptance of the Terms
You accept these Terms by:
- remaining on the Website or continuing to use the Services;
- clicking “Accept”, “Agree”, or similar action when provided in the user interface; or
- registering an account.
If you do not agree, please discontinue use.
2. Registration to Use the Services
To access the Services, you must register for an account
(“Account”). As part of registration or continued use,
you may be required to provide certain personal information, including:
- Email address
- Preferred username
- IVF specialist service provider or clinic
- Mobile number
- Any other information required for service delivery
You warrant that all information you provide is true, accurate, complete,
and up-to date.
By completing registration, you become a registered user
(“Member”) and agree to be bound by these Terms.
Eligibility - You may not use the Services if:
- You are not of legal age (18 years) to form a binding contract; or
- You are prohibited from receiving Services under applicable Indian laws.
3. Member Obligations
As a Member, you agree to use the Services only for lawful purposes
permitted by:
- these Terms, and
- applicable Indian laws including any medical regulations.
You are solely responsible for maintaining confidentiality of your
login credentials. Any use of your Account by another person may
result in immediate cancellation of Services.
You must notify iConceive immediately of any unauthorized access,
data breach, or misuse of your credentials that you have become aware of.
The license to use the Website/App is:
- limited;
- non-transferable; and
- for your sole use to avail the Services under these Terms.
You will not:
- use the Services for commercial purposes without written approval;
- engage in illegal or unauthorized use, including data scraping or harvesting emails;
- Upload malware or harmful code
- Use automated tools (bots) to access the Website
iConceive may remove advertisements, links, or solicitation attempts
and may suspend or terminate all access by you of the Website for misuse.
4. Payment
Where applicable, you may make payment of service fees
(“Service Fee”) through:
- UPI
- Net banking
- Debit/Credit card
- Payment gateway partners
- Other modes enabled by your IVF clinic
You agree that:
-
All payments made in the course of your use of the Services are
processed by third-party payment service providers.
-
By using payment services, you agree to their terms and conditions.
-
If a payment request fails, reversed or denied by your financial
institution or is unpaid by you for any other reason, then you are
responsible for the related costs including any banking fees and
charges, associated with the Service Fee.
-
iConceive may revise the Services Fee at any time.
5. Refund Policy
iConceive may refund the Service Fee only if:
- Services cannot be provided due to technical or operational failure, or
- The Company determines, at its sole discretion, that a refund is justified.
Refunds are not guaranteed unless expressly stated.
6. Intellectual Property
The Website, the Services and all of the related products of iConceive
and/or its Licensors and are subject to copyright. The material on the
Website is protected by copyright under the laws of India. Unless
otherwise indicated, all rights (including copyright) in the Services
and compilation of the Website (including but not limited to text,
graphics, logos, button icons, video images, audio clips, Website code,
scripts, design elements and interactive features) or the Services are
owned or controlled for these purposes, and are reserved by iConceive
or its contributors or licensors (as the case may be).
All trademarks, service marks and trade names are owned, registered
and/or licensed by iConceive, and you are granted a worldwide,
non-exclusive, royalty-free, revocable license whilst you are a Member to:
- Access the Platform;
- Store cached material for personal use;
- Print pages for personal, non-commercial use.
You may NOT, without the prior written permission of iConceive:
- Copy, reproduce, modify, transmit, republish, broadcast, or distribute Platform content
- Use trademarks without permission
- Create derivative works
- Reverse engineer, decompile, or attempt to access their source code:
All rights not expressly granted shall remain with iConceive.
7. Privacy
iConceive takes privacy seriously. Any personal data you provide is
governed by the iConceive Privacy Policy, compliant with the Digital
Personal Data Protection Act, 2023 (“DPDP Act”).
By using the Services, you agree:
- To provide accurate personal data
- To review the Privacy Policy
- To consent to processing of your personal and health data as required for service delivery
-
The Clinic that inputs patient data acts as the Data Fiduciary.
iConceive acts as a Data Processor, processing data only on the
Clinic’s instructions.
8. General Disclaimer
To the maximum extent permitted by Indian law:
The Services are provided on an
“as is” and “as available” basis.
iConceive makes no representations or warranties regarding:
- Accuracy or completeness of information
- Continuous availability or security
- Fitness for medical or commercial purposes
You use the Website/App at your own risk.
iConceive is not responsible for:
- Service interruptions
- Data loss
- Unauthorized access due to your negligence
- Errors, bugs, or system failures
Nothing in these Terms excludes liability where prohibited by Indian
consumer law.
9. Limitation of Liability
To the extent permitted under law:
-
iConceive’s total liability for any claim shall not exceed the
amount paid by you for the Services;
-
iConceive shall not be liable for indirect, incidental, special,
or consequential damages, including loss of business, profit, or data;
-
iConceive is not liable for medical decisions, treatment outcomes,
or clinical advice (which are the responsibility of your clinic/doctor).
10. Termination
These Terms remain in force until terminated by you or iConceive.
You May Terminate By:
-
Giving written notice to iConceive in furtherance of you intention
to terminate the Terms; and
- Closing your account.
iConceive May Terminate If:
- You breach any provision of the Terms;
- It is required to do so under applicable laws;
- The provision of Services to you is no longer commercially viable;
- Your conduct harms iConceive or other users.
iConceive may suspend or terminate access without notice for violations.
11. Indemnity
You agree to indemnify iConceive, its directors, employees, agents,
and licensors against all direct and indirect losses, liabilities,
claims, damages, and legal costs arising from:
- Your use of the Website/App;
- Your breach of these Terms;
- Violation of laws;
- Uploading harmful or illegal content.
12. Dispute Resolution
In the event that any dispute, controversy or claim
(“Dispute”) arises between the Parties in connection
with or relating to this Agreement, its interpretation, performance,
breach or termination, the Parties shall follow the procedure set out
below before initiating any legal proceedings:
Notice of Dispute: Either Party may raise a Dispute
by issuing a written notice (“Dispute Notice”) to the
other Party. The Dispute Notice shall set out in reasonable detail:
- the nature and particulars of the Dispute;
- the issues required to be resolved; and
- the relief or remedy sought.
Amicable Settlement: Upon receipt of the Dispute
Notice, the Parties shall, within thirty (30) days, engage in good-faith
negotiations and discussions with a view to amicably resolving the
Dispute. Each Party shall ensure that its representatives participating
in such discussions have the authority to negotiate and attempt resolution.
Referral to Mediation: If the Parties are unable to
resolve the Dispute within the aforesaid 30-day period, either Party
may refer the Dispute to mediation. Such mediation shall be conducted
in accordance with a mutually agreed mediation framework, or failing
such agreement, in accordance with the rules of a recognised mediation
institution in India.
The Parties agree that all fees, charges and reasonable expenses of the
mediator, as well as the costs of hosting or conducting the mediation,
shall be borne equally by the Parties. Each Party shall bear its own
costs relating to preparation for and participation in the mediation,
including legal or professional fees.
If the Parties are unable to resolve the Dispute through mediation
within thirty (30) days from the commencement of the mediation
proceedings, or if the mediator declares the mediation unsuccessful
earlier, then either Party shall be entitled to initiate appropriate
legal proceedings and approach the competent court having jurisdiction
to adjudicate the matter.
13. Governing Law & Jurisdiction
These Terms are governed by the laws of India. Any dispute, controversy,
proceeding or claim of whatever nature arising out of or in any way
relating to the Terms and the rights created hereby shall be governed,
interpreted and construed by, under and pursuant to the laws of India
without reference to conflict of law principles, notwithstanding
mandatory rules. The validity of this governing law clause is not
contested. The Terms shall be binding to the benefit of the parties
hereto and their successors and assigns. Exclusive jurisdiction shall
lie with the courts of New Delhi, Delhi, India.
14. Independent Legal Advice
Both parties acknowledge that:
- These Terms are fair and reasonable;
- They have had the opportunity to seek independent legal advice;
- The Terms are not unconscionable or against public policy.
15. Severability
If any part of these Terms is found to be void or unenforceable by a
Court of competent jurisdiction, that part shall be severed and the
rest of the Terms shall remain in force.