Terms of Use

www.ndh.lk (hereinafter called and referred to as ‘NDH or ‘Website’ or ‘Site’) brings medical guidance to your doorstep making your life easy as you never imagined before. NDH provides you with information, solutions & consultations via internet for all your crucial medical and surgical problems. NDH shall be considered an online service providing to its Users general medical or surgical information, solutions & consultation by professionally qualified and experienced medical doctors in Sri Lanka. By using the services of NDH, you acknowledge and agree that your use is subject to the Terms and Conditions set out hereunder and that you are bound by the said Terms and Conditions. You further acknowledge that you are only permitted to avail of NDH and its services as expressly set out in these Terms and Conditions. Please also note that the Privacy Policy published on NDH constitutes a part and parcel of this User Agreement and that you are required to read both the User Agreement and the Privacy Policy before you avail of any services of NDH. Feel free to forward any queries in relation to these Terms and Conditions or any comments or complaints in relation to NDH by way of email to info@ndh.lk.

1.Registration

Users who intend to avail of any services provided by NDH are required to register with NDH and are allowed to choose a User ID and a password at the time of registration.

Upon registration the user is solely responsible for the User ID and password and for all actions/activities/orders/inquiries made on NDH while logged in with his/her User ID.
A User must keep the User ID and password secure at all times.
We recognize whether a user is accessing the site and using the services by the User ID. Therefore, the user is responsible for any unauthorized access with his/her User ID and liable for any claims arising out of or in relation to such use.
If you are registering as a business entity, you represent that you have the authority to bind the entity to this User Agreement.
You agree to notify NDH immediately of any unauthorized use of your account or any other breach of security. NDH will be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You may be held liable for any losses incurred by NDH, or another party due to someone else using your account or password.

2.Eligibility to use

Usage of NDH is restricted to persons who have the capacity to contract under Sri Lankan law.
Persons who do not have capacity to contract under the Sri Lankan Law are prohibited from using NDH
We retain our right to refuse to provide access/services to any such person not having the capacity to contract under Sri Lankan Law and the right to terminate the account of any such person.
If you are registering as a business entity, you represent that you have the authority to bind the entity to this User Agreement.

3.Restrictions on Usage

By using NDH you acknowledge and agree that you are prohibited from using NDH for any of the following purposes;
To disseminate any unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, pornographic, pedophilic, racially and ethnically objectionable or otherwise objectionable material;
To transmit material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice;
To host, display, upload, modify, publish, transmit, update or share any information on NDH that belong to NDH or any third party and to which you do not have any right;
To harm minors in any way;
To deceive or mislead the addressee about the origin of any message or to communicate any information which is grossly offensive or menacing in nature;
To impersonate another person;
To use software viruses/corrupt data or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource including NDH;
To threaten the unity, integrity, defense, security or sovereignty of Sri Lanka, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;
To violate or attempt to violate the integrity or security of NDH or its content;
To transmit any information (including job posts, messages and hyperlinks) on or through NDH that is disruptive or competitive to the provision of services by us;
To intentionally submit on NDH any incomplete, false or inaccurate information;
To use NDH to make any unsolicited communications to other users of NDH;
To use any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search NDH;
To copy or duplicate in any manner any of the content on NDH; and
To engage in framing or hot linking or deep linking any content on NDH
To use the site and the services by children under the age of 13
Unless otherwise specified in writing, to use services for your personal and non-commercial use.
Copy, reverse engineer, reverse assemble, otherwise attempt to discover the source code, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products or services obtained through the Site or the services
Delete any author attributions, legal notices or proprietary designations or labels;
Violate any applicable local, national or international law, rule or regulation or use the Site and/or the services for any purpose that is prohibited by these terms of use;
Manipulate or otherwise display the Site and/or the services by using framing or similar navigational technology;
Register, subscribe or unsubscribe any party for any NDH service if you are not expressly authorized by such party to do so;
Use the Site or the services in any manner that could damage, disable, overburden or impair NDH’s servers or networks, or interfere with any other user's use and enjoyment of the Site and/or the services;
Gain or attempt to gain unauthorized access to any of the Site, services, accounts, computer systems or networks connected to NDH through hacking, password mining or any other means;
Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site or the services or harvest or otherwise collect information about other users without their consent;
Use the site in any manner that could damage, disparage, or otherwise negatively impact NDH. In addition, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COPYING OR REPRODUCING ANY SERVICES, PROGRAMS, PRODUCTS, INFORMATION OR MATERIALS PROVIDED BY NDH TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.

4.Restrictions on services

We have the sole discretion to determine and restrict the services made available to a User. The Users will be notified of such restrictions. We further retain the right to prohibit the provision of any services to any User at our discretion.

5.Content, Data and Information

By using NDH you acknowledge and agree that the contents of NDH, are for your general information only and are subject to change without notice. The medical or surgical information/solutions/consultations are given by a panel of registered and experienced medical doctors in Sri Lanka, with good intentions to help the public. The medical or surgical information/solutions/consultations provided via NDH only provide professional guidance and are not in any way intended to be a substitute for more elaborate professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or a Specialist regarding any further queries you may have regarding a medical or surgical condition.
By using NDH you further acknowledge and agree to not ignore professional medical advice or delay in seeking medical or surgical treatment because of any guidelines given by NDH or article you have read on our site. If you think you may have a medical emergency, you should take necessary steps to obtain necessary medical attention. Dependence on the medical or surgical information/solutions/consultations of our site is solely at your own risk and we take no responsibility for any adverse consequences resulting from such dependence.
The medical or surgical information/solutions/consultations provided online, email, chat, SMS, phone call or any other mean via NDH shall not be considered as diagnosis of any sickness and shall not in any way used to prescribe medicines or treatments for sickness. This service will be strictly limited to medical or surgical information/solutions/consultations provided for general information of its Users by professionally qualified and experienced medical doctors in Sri Lanka. Moreover, medical or surgical information/solutions/consultations provided online, email, chat, SMS, phone call or any other mean via NDH do not guarantee that the advice are from the specialist in that particular field.
No person reading this site, or contents within it, or using the responses by this website via online, email, chat, phone call or any other mean should act or refrain from acting on the basis of any information contained in this website or on the basis of any medical or surgical information/solutions/consultations provided without seeking appropriate medical or other professional advice on the particular facts and circumstances at issue.
Although we have taken all care and precaution to try and provide accurate data and information, we do not represent that NDH or any content, service or feature of the website will be error free, or that it will meet any particular criteria of accuracy, completeness or reliability of information, performance and/or quality. We do not give any warranty, express or implied, in relation to the operation of NDH website.

6.Charges or Fees

Initial Registration: The users who avail of the services of NDHwill be able to register at the Website free of any charges. Those who are registered at the Website will be able to keep their medical records online and view when necessary for free.
However, after registration at the Website, other than the benefits and services given at the time of initial registration, all other services including Consultations, shall be provided for a fee charged by NDH. If you wish to obtain the services of NDH after registration (other than services specified in Clause 6.1 above) you shall be required to pay the fee prescribed by NDH.
Changes to any of the Charges or fees prescribed for the services of NDH or any new or additional fees made introduced or made applicable for the services of NDH shall be determined at the sole discretion of NDH and may be subject to change from time to time at the sole discretion of the Management Team of NDH and the Users shall be given adequate notice of such charges or fees or changes to such charges of fees.

Canselation & Refund Policy

Consultations should not be cancelled by either party except by mutual agreement. Bookings cancelled at short notice will be subject to a cancellation fee.
If for any unavoidable reason, the Doctor is unable to make the appointment, NDH will find an alternative Doctor as a replacement. NDH will try to find similar speciality Doctor where possible. A full refund will be made, if an appointment is not made within 24 hours.
If a customer cancels an appointment within short notice i.e., 4 hours prior to the appointment, a cancellation fee of 20% applies.

7.Intellectual Property Rights and Linking with Other Websites

All materials constituting the content of NDH is owned by NDH and/or third party and/or licensed to NDH. Such material includes, but is not limited to, the design, layout, look, appearance, information, text, trademarks, service marks, pictures, photographs, graphics, interfaces and arrangement of the content. Copying, reproduction, uploading, posting and/or using such material in any other form are strictly prohibited without written permission from NDH
All trademarks reproduced in NDH, which are not the property of, or licensed to NDH, are acknowledged on NDH.
Sri Lankan Intellectual Property Act No. 36 of 2003 applies to the content of NDH in relation to the intellectual property rights owned by NDH and all material and information displayed, transmitted or carried on NDH are protected under and in terms of the provisions of Intellectual Property Act No. 36 of 2003. Any intellectual properties owned by third parties that appear in NDH are protected by relevant laws applicable to such intellectual properties.
Use of any material or content of NDH without authorization may give rise to a claim for damages and/or criminal charges.
Any links to other websites referred to in NDH are provided only for your convenience and do not in any way represent that NDH endorse those websites. NDH takes no responsibility for the content and operation of any of those sites.
Creating a link from another website to NDH is prohibited without written permission from NDH.

8.Limitation of Liability

NEITHER NDH NOR ITS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO (i) THE USE OF OR INABILITY TO USE THE SITE AND/OR THE SERVICES; (ii) ANY CONTENT CONTAINED ON THE SITE AND/OR THE SERVICES; (iii) STATEMENTS OR CONDUCT POSTED OR MADE PUBLICLY AVAILABLE ON THE SITE AND/OR THE SERVICES; (iv) ANY SERVICE PURCHASED OR OBTAINED THROUGH THE SITE AND/OR SERVICES; (v) ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SITE AND/OR SERVICES; (vi) ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF ANY CONTENT ON THE SITE AND/OR SERVICES; OR (vii) ANY OTHER MATTER RELATING TO THE SITE AND/OR THE SERVICES. IN NO EVENT SHALL THE TOTAL LIABILITY OF NDH TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USING THE SITE AND/OR SERVICES.

9.Indemnity

By using NDH you acknowledge and agree to defend, indemnify and keep indemnified NDH, its employees, directors, consultants, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon your actions or inactions, which may directly or indirectly result in any loss or liability to NDH or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under this User Agreement or arising out of your violation of any applicable laws or regulations, including but not limited to infringement of intellectual property rights, default of payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity and loss of service by other subscribers or your access /use of the Site or services. You are hereby notified that this clause shall remain intact and binding irrespective of the expiry or termination of this User Agreement.

10.Force Majeure

NDH shall not be liable in respect of any breach of these Terms and Conditions due to any cause beyond its reasonable control including but not limited to, act of god, inclement weather, act or omission of Government or telephone operators or other competent authority or other party for whom NDH is not responsible.

11.Communications

By using NDH you acknowledge and agree that all communications shall be made electronically and you consent to receive communications from us electronically.
We will communicate with you by email, chat, phone call, SMS or by posting notices or any other mean as deemed necessary by NDH.
You acknowledge and agree that all such electronic communications, electronic data messages, electronic mails, electronic agreements, notices, disclosures and/or any other communication in the electronic form that we send you or post on NDH satisfy the legal requirement of being in writing and are valid and binding.
By submitting your phone number at the time of making an inquiry and/or availing of any services of NDH or requesting us to call you back, you consent to receive calls on that number for communication related to your inquiry/request and/or other site related communication.
All inquiries, requests, reviews, comments, feedback, letters, postcards, suggestions, ideas, and other submissions posted and/or disclosed on NDH or submitted to us otherwise (collectively, the "Comments") shall be and remain our property. Such posting, disclosure or submission of any Comments shall constitute an assignment to us of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. We own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. We will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way.
We retain the right to monitor, edit or remove any Comments posted, disclosed and/or submitted on NDH.
You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments posted, disclosed and/or submitted by you.
You are and shall remain solely responsible for the content of any Comments you post/ disclose and/or submit on or to NDH and you agree to indemnify us for all claims arising out of or in relation to your Comments.

12.Financial Information

You acknowledge and agree that the credit / debit card information or other financial information provided by you to NDH are and shall be correct and accurate and that you shall not use credit /debit card or financial facility which is not lawfully owned / obtained by you or authorized for your use by the owner of such card or facility.
We shall not be liable for any credit / debit card fraud. The liability for use of a card fraudulently shall be on you and the onus to 'prove otherwise' shall be exclusively on you.

13.Refusal, Suspension, Termination of Services

We shall have the right to refuse our services to anyone at any time at our discretion.
We shall have the right, in our sole discretion, to suspend or cancel the service at any time if a computer virus, bug, or other technical problem corrupts the security, or proper administration of the service.
We may elect to suspend, vary or terminate the site and the services at any time without prior notice for repair or maintenance work or in order to upgrade or update the site and the services or for any other reason whatsoever.
NDH may elect to terminate the services or your access to the site forthwith on breach of any of these Terms and Conditions by you, including but not limited to, delayed or non-payment of sums due to NDH or if NDH ceases to offer the site and the services to its customers or for any reason whatsoever.

14.Website Security

By using NDH you acknowledge and agree that you are prohibited from violating or attempting to violate the security of the Website, including, but not limited to:

Accessing data not intended for you or logging onto a server or an account which you are not authorized to access;
Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
Attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, 'flooding,' 'spamming', 'mail bombing' or 'crashing;
Sending unsolicited email, including promotions and/or advertising of products or services; and
Forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting.

15.Terms of Providing services

When you make an inquiry and/or avail of any services of NDH you acknowledge and agree that you are obtaining medical or surgical information/solutions/consultations from a Consultant put in touch with you or requested by you.
The Consulting doctor solely responsible for providing you with accurate medical or surgical information/solutions/consultations based on the information/ medical history/ medical reports/ etc. submitted by you.
If the particular Consulting doctor decides to not to give you any medical or surgical information/solutions/consultations or to direct, you to physically see a Doctor you acknowledge and agree to abide by such decision.

16.Tenure, Amendments and Termination

This User Agreement is effective unless and until terminated by either you or us.
Any such termination of the User Agreement shall not cancel your obligation to pay for any service already availed of from NDH or affect any liability that may have arisen under this User Agreement prior to such termination.
We retain the right to amend/edit/change/modify the Terms and Conditions of this User Agreement from time to time without any obligation to inform you and it is your responsibility to look through them.
We may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Website. Such termination shall be without any liability to NDH.
Upon any termination of the User Agreement by either you or us, you must promptly destroy all materials downloaded or otherwise obtained from this Website, as well as all copies of such materials, whether made under the User Agreement or otherwise.
Our right to any Comments shall survive any termination of this User Agreement.

17.Governing Law and Dispute Resolution

Laws of Sri Lanka shall govern this User Agreement and any contractual obligation between you and us.
By using NDH, you acknowledge and agree that your use of NDH and any dispute arising out of or in relation to your use or any contractual obligation between you and us or breach of this User Agreement, is subject to the laws of Sri Lanka and shall be resolved according to the laws of Sri Lanka by a competent court in Sri Lanka.

18.Jurisdictional Issues

NDH makes no representation or warranty that the content and materials on the Site or the services are appropriate or available for use in locations outside Sri lanka. Those who choose to access the Site or use the services from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. NDH reserves the right, at any time in our sole discretion, to limit the availability and accessibility of the Site or the services to any person, geographic area or jurisdiction we so desire, and to limit the quantities of any such service that we provide.

19.Severability and Waiver

The failure of NDH to exercise or enforce any right or provision of these terms of use shall not constitute a waiver of such right or provision. These Terms and Conditions are severable in that if any provision is determined to be illegal or unenforceable by any court of competent jurisdiction such provision shall be deemed to have been deleted without affecting the remaining provisions of these Terms and Conditions.

20.Privacy

NDH's privacy policy with respect to the collection and use of your personally identifiable information is set forth at and is incorporated by reference into these Terms of use. BY ACCESSING THE SITE AND/OR SERVICES, YOU AGREE THAT YOU ARE ACCEPTING OUR PRIVACY POLICY.

21.Dealings with Third Parties

Your participation, correspondence or business dealings with any third party found on or through our Site and services, including, without limitation, advertisers and other users, regarding payment and delivery of specific services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that NDH shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.

22.Disclaimer

The content on our site is for information purpose only, compiled with the help of a panel of registered and experienced medical doctors in Sri –Lanka, with good intentions to provide a public service. The information is only a guideline and is not intended to be a substitute for more elaborate professional medical advice, diagnosis or treatment. Our treatment is ONLY professional guidance. Always seek advice from your physician or a specialist regarding any further queries or clarifications you may have regarding your medical condition.

Medical articles provided on our website are merely guidelines and not to be substituted as medical health advice. Also note that we serve as a mediator only between the customer and the emergency service providers/ pharmacies / others advertised on our website. Dependence on the information of our site is solely at your own risk.

Whom to contact in the event of any dispute or complaint or query

For any dispute or complaint or query regarding this User Agreement or Terms and Conditions stated herein please contact

Email : info@ndh.lk

Telephone : +94706320500

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