Chronic Disease Management Research Institute Private Limited (the “Company”), is the author and publisher of the internet resources www.cdmri.in , as well as the proprietary software (including all data and related documentation, code, machine code, source code, graphics, images, designs, logos, programs, layouts and specifications contained in or generated by the software, together the “Software”) and applications (including but not limited to, the mobile application ‘QuiqRx’) developed by the Company (together, “Website”).
1 NATURE AND APPLICABILITY OF TERMS
The Agreement applies to you whether you are -
A medical practitioner or health care provider (whether an individual professional or an organization) or similar institution wishing to be registered, or already registered, on the Website, including authorised associates, personnel, officials or consultants of such practitioners or institutions (“Practitioner(s)”); or
A patient, his/her representatives or affiliates, who is registered on the Website and has been availing the Services of a Practitioner and accessing the Website (“Registered User”); or
Users of this Website who are not registered with the Website but may access information on the Website (“Non-Registered Users”).
The Practitioner, the Registered User and the Non-Registered User of the Website shall collectively be referred to as the “Users” and each, individually, as the “User” or “you”.
This Agreement applies to those services made available by the Company on the Website, which are offered in terms of this Agreement (“Services”), including, but not limited to, the following:
i For Practitioners:
a. Platform to create and maintain an account on the Website;
b. Platform to list profile and contact details of the Practitioner, to be made available to the concerned Registered User availing the Practitioner’s services;
c. Platform to interact with Registered Users directly to provide advice on their health-related queries;
d. Platform to receive consultation fees for medical advice rendered to Registered Users;
e. Platform to obtain medical advisory assistance, under direct supervision, guidance from you in the manner set out in Schedule B (and subject to the terms and conditions included therein), from third party healthcare consultants engaged by the Company (“Medical Consultants”);
f. Platform to provide access to a database of historical medical records / medical opinion / prescription records prepared by leading specialists (identified by us) in the area of practice of the Practitioners (“Historical Records”), the usage of which shall be governed by the terms and conditions included in Schedule B; and
g. Platform to generate advice slips based on medical records / information shared by the Registered Users (as per the advice rendered by the Practitioners) (“Advice Slips”) and generate bills and invoices on the Registered User on behalf of the Practitioner;
h. Platform to facilitate patient management inter alia by way of Advice Slip generation and billing services, using its Software;
ii. For Registered Users:
a. Platform to create and maintain an account on the Website,
b. Platform for interacting with the Practitioners privately by asking health-related queries and obtaining medical advice from the Practitioners;
c. Platform to schedule and manage appointments including call-in or walk-in appointments with Practitioners;
d. Platform to engage with and consult various ancillary healthcare support providers such as nutritionists, dieticians, nurses, fitness expert and therapists associated with the Company (“Healthcare Personnel”)
e. Option to upload health information pertaining to you including laboratory / diagnostic centre generated reports and other medical records on the Website which may be accessed by the Practitioners at the time of interactions with the Registered Users using the Website;
f. Platform for direct interaction by the Registered User with his / her personal caretaker (“Caretaker”). The Caretaker may assist the Registered User by performing any of the following services (“Caretaker Services”), using the personal information of the Registered User entered on the Website:
A. Schedule appointments for the Registered User with the Practitioners;
B. Send reminders / alerts notifying the Registered User about follow-up appointments with the Practitioners;
C. Conduct such actions as are specified in point (e) above on behalf of the Registered User; and
D. Any other ancillary services that the Registered User may authorise the Caretaker to undertake and carry out.
g. Platform to upload and/or enter diagnostic test results and related data and obtain auto-generated smart reports analysing the patient test values, based on the reference standards prescribed by the Practitioners, from time to time (“Smart Reports”);
h. to facilitate interaction with the Practitioner by way of patient management;
iii. Enabling interactive sessions between the Practitioner and the Registered User for discussion of health-related problems and rendering of medical advice by the Practitioner through the Website;
iV. Enabling the monitoring of the health profile of the Registered User based on the medical advice and requirement of a Practitioner;
The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but not limited to:
a. the Indian Contract Act, 1872,
b. the (Indian) Information Technology Act, 2000, and
c. the rules, regulations, guidelines and clarifications framed there under, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”).
3 CONDITIONS OF USE
You must be 18 years of age or older to register, use the Services, or visit or use the Website in any manner. By registering, visiting and using the Website or accepting this Agreement, you represent and warrant to the Company that you are 18 years of age or older, and that you have the right, authority and capacity to use the Website and the Services available through the Website, and agree to and abide by this Agreement. If we become actually aware that you are less than 18 years of age, we reserve the right to request you or your legal guardian to furnish such other documentation as is required to establish a guardian-ward relationship. We may request you and / or the Guardian to enter into such other agreement or documentation as may be required by us from time to time. In the event such documentation recognising the guardian-ward relationship is found to be unsatisfactory by us or in the event you refuse to furnish such other additional documentation as required by us, we may, in our sole discretion, suspend your Services under this Agreement and erase all content uploaded by you on the Website of the Company.
4 RIGHTS AND OBLIGATIONS RELATING TO CONTENT
1 As mandated by Regulation 3(2) of the IG Rules, the Company hereby informs Users that they are not permitted to host, display, upload, modify, publish, transmit, update or share any information that:
i. belongs to another person and to which the User does not have any right to; ii. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; iii. harm minors in any way; iv. infringes any patent, trademark, copyright or other proprietary rights; v. violates any law for the time being in force; vi. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; vii. impersonate another person; viii. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; ix. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.
1 Users are also prohibited from:
i. violating or attempting to violate the integrity or security of the Website or any of the Company Content;
ii. transmitting any information (including job posts, messages and hyperlinks) on or through the Website that is disruptive or competitive to the provision of Services by the Company; iii. intentionally submitting on the Website any incomplete, false or inaccurate information; iv. making any unsolicited communications to other Users; v. using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website; vi. attempting to decipher, decompile, disassemble or reverse engineer any part of the Website; vii. copying or duplicating in any manner any of the Company Content or other information available from the Website; viii. framing or hot linking or deep linking any the Company Content.
1. The Company, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information (as mentioned above) generated by Users, or on being notified by the appropriate Government or its agency that the Website is being used by the User to commit any unlawful act and/or is being used in violation of Paragraphs 4.1 and 4.2 above, shall be entitled to remove or disable access to the material or information that is in contravention of this Paragraph 4. The Company is entitled to act, as required by the IG Rules, within thirty-six hours of obtaining such knowledge and, where applicable, work with Users to disable such information that is in contravention of applicable law. The Company shall also be entitled to preserve such information and associated records for at least 90 (ninety) days for production to governmental authorities for investigation purposes.
3. The Company may disclose or transfer User-generated information to its affiliates or governmental authorities in such manner as permitted or required by applicable law, and you hereby consent to such transfer. The Company will comply with any duly-issued government or court directions to disable access to the User-generated information, should it be found to be illegal by a competent governmental authority.
5.1. The Company reserves the right to suspend or terminate a User’s access to the Website and the Services with or without notice and to exercise any other remedy available under law, in cases where, i. Such User breaches any terms and conditions of the Agreement; ii. A third party reports violation of any of its right as a result of your use of the Services; iii. the Company is unable to verify or authenticate any information provide to the Company by a User; iv. the Company has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User; or v. the Company believes in its sole discretion that the User’s actions may cause legal liability for such User, other Users or for the Company or are contrary to the interests of the Website.
5.2. Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Website under the same account, a different account or re-register under a new account. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages, files and other material kept on the Website by such User. The User shall ensure that he/she/it has continuous backup of any medical services the User has rendered in order to comply with the User’s record keeping process and practices.
6.LIMITATION OF LIABILITY
In no event, including but not limited to negligence, shall the Company, or any of its directors, officers, employees, agents or content or service providers (collectively, the “Protected Entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Website or the content, materials and functions related thereto, the Services, User’s provision of information via the Website, lost business or lost Registered Users, even if such Protected Entity has been advised of the possibility of such damages. In no event shall the Protected Entities be liable for:
i. provision of or failure to provide all or any service by Practitioners to Registered Users to their satisfaction contacted or managed through the Website; ii. any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Website; iii. any unauthorized access to or alteration of your transmissions or data; or iv. any other matter relating to the Website or the provision of Services.
User agrees to indemnify and hold harmless the Company, its affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from User’s access to or use of Service, violation of this Agreement, or infringement, or infringement by any other User of his/her/its account, of any intellectual property or other right of any person or entity. The Company will notify you promptly of any such claim, loss, liability, or demand, and in addition to your foregoing obligations, you agree to provide us with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
8. APPLICABLE LAW AND DISPUTE SETTLEMENT
1.You agree that this Agreement and any contractual obligation between the Company and User will be governed by the laws of India.
2.Any dispute, claim or controversy arising out of or relating to this Agreement, including the determination of the scope or applicability of this Agreement to arbitrate, or your use of the Website or the Services or information to which it gives access, shall be determined by arbitration in India, before a sole arbitrator appointed by the Company. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be Hyderabad. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the parties to the dispute.
3.Subject to the above Paragraph 8.2, the courts at Hyderabad shall have exclusive jurisdiction over any disputes arising out of or in relation to this Agreement, your use of the Website or the Services or the information to which it gives access.
You understand that some of the Services provided by the Company are subscription fee-based services (“Subscription Services”). If you intend to utilise such Subscription Services, you must register with your personal details on the Website and pay a subscription fee in consideration of the Subscription Services provided. By submitting your payment and other subscription details, you are making an offer to us to purchase a subscription and avail the Subscription Services. Your offer will only be accepted by us and a contract formed when we have successfully verified your payment and contact details. You will receive confirmation from us when your Subscription offer has been accepted. Upon purchase of the Subscription Services, you agree to pay all subscription fees, consulting fees and any other fees as may be applicable to you for use of the Subscription Services (“Fee”) and you shall not circumvent the Fee payment in any manner. The Fee is non-refundable. You authorize the Company to charge you the applicable Fee at such intervals as applicable to the said Service, and you authorize the Company to make such modification to the Fee structure as may be required during the subsistence of the subscription period and also agree to abide by such modified Fee structure. You agree that the billing credentials provided by you for any purchases from the Company will be accurate and you will not use billing credentials that are not lawfully owned by you. Service tax and other statutory taxes as applicable are levied on every purchase. Each User is solely responsible for payment of all taxes, legal compliances and statutory registrations and reporting. The Company is in no way responsible for any of the User’s taxes or legal or statutory compliances.
Your use of each Service confers upon you only the rights and obligations relating to such Service, and not to any other service that may be provided by the Company.
11.CONTACT INFORMATION GRIEVANCE OFFICER
If a User has any questions concerning the Company, the Website, this Agreement, the Services, or anything related to any of the foregoing, the customer support can be reached at the following email address email@example.com or via the contact information available from the following hyperlink http:// www.cdmri.in. In accordance with the Information Technology Act, 2000, and the rules made there under, if you have any grievance with respect to the Website or the service, including any discrepancies and grievances with respect to processing of information, you can contact our Grievance Officer at:
Name: Srimanarayana Ambati
Designation: Head: Grievances Department
Address: MVS Entrada, 2nd Floor, Road #45 Jubilee Hills, Hyderabad 500033, Telangana
Telephone: +91 91000 90130
If any provision of the Agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from this Agreement and the remainder of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event, the Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.
No provision of this Agreement shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by the Company. Any consent by the Company to, or a waiver by the Company of any breach by you, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
The terms in this paragraph are applicable only to Users other than Practitioners.
1. REGISTERED USER ACCOUNT AND DATA PRIVACY
The terms “personal information” and “sensitive personal data or information” are defined under the SPI Rules.
1. The Company may by its Services, collect information relating to the devices through which you access the Website, and anonymous data of your usage. The collected information will be used only for improving the quality of the Company’s services and to build new services.
2. The Website allows the Company to have access to Registered Users’ personal email or phone number, for communication purpose so as to provide you a better way of booking appointments and for obtaining feedback in relation to the Practitioners and their practice.
3. The Company shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the User to the Company or to any other person acting on behalf of the Company.
4. The Registered User is responsible for maintaining the confidentiality of his / her account access information and password. The Registered User shall be responsible for all usage of the his / her account and password, whether or not authorized by the User. The Registered User shall immediately notify the Company of any actual or suspected unauthorized use of his / her account or password. Although the Company will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of the Company or others due to such unauthorized use.
5. The Company may use such information collected from the Users from time to time for the purposes of debugging customer support related issues.
7. It is your responsibility to keep your correct mobile number and email ID updated in the account formed by you. The records will be sent to the account associated with this mobile number and/or email ID. Every time you change any contact information (mobile or email), we will send a confirmation. The Company is not responsible for any loss or inconvenience caused due to your non-updation of your contact details for the account formed by you.
8. The Company cannot guarantee or prevent unauthorized access if you lose your login credentials or they are otherwise compromised. Please safeguard your login credentials and report any actual suspected breach of account to the email address specified at Paragraph 11 of the general terms (applicable to all Users) listed on the Website.
9. If you access your dependents’ record through your account by registering your dependents with your own account, you are deemed to be responsible for the records of your dependents and all obligations that your dependants would have had had they maintained their own separate individual accounts.
2. LISTING CONTENT AND DISSEMINATING INFORMATION
1.The Company collects, directly or indirectly, and displays, at the Company’s discretion, on the Website, relevant information regarding the profile and practice of the Practitioners listed on the Website, such as their specialisation, qualification, fees, location, visiting hours, and similar details. The Company takes reasonable efforts to ensure that such information is updated at frequent intervals. Although the Company screens and vets the information and photos submitted by the Practitioners, it cannot be held liable for any inaccuracies or incompleteness represented from it, despite such reasonable efforts.
2.The Services provided by the Company or any of its licensors or service providers are provided on an “as is” and “as available” basis, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). The Company does not provide or make any representation, warranty or guarantee, express or implied about the Website or the Services. The Company does not guarantee the accuracy or completeness of any content or information provided by Users on the Website. To the fullest extent permitted by law, the Company disclaims all liability arising out of the User’s use or reliance upon the Website, the Services, representations and warranties made by other Users, the content or information provided by the Users on the Website, or any opinion or suggestion given or expressed by the Company or any User in relation to any User or services provided by such User.
3.The Website may be linked to the website of third parties, affiliates and business partners. The Company has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through our Website. Inclusion of any link on the Website does not imply that the Company endorses the linked site. User may use the links and these services at User’s own risk.
The Company assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect User’s equipment on account of User’s access to, use of, or browsing the Website or the downloading of any material, data, text, images, video content, or audio content from the Website. If a User is dissatisfied with the Website, User’s sole remedy is to discontinue using the Website.
If the Company determines that you have provided fraudulent, inaccurate, or incomplete information, including through feedback, the Company reserves the right to immediately suspend your access to the Website or any of your accounts with the Company and makes such declaration on the website alongside your name as determined by the Company for the protection of its business and in the interests of Users. You shall be liable to indemnify the Company for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected the Company or its Users.
3. APPOINTMENT BOOKING AND INTERACTION WITH PRACTITIONERS
1. While the Company will try to ensure a confirmed appointment for a Registered User who requested an appointment on Website, the Company does not guarantee that a patient will get a confirmed appointment. Further, the Company has no liability if such appointment is confirmed but later cancelled by Practitioners, or the Practitioners are not available as per the given appointment time.
2. You understand and agree that any interactions and associated issues with other Users including but not limited to your health issues and your experiences is strictly between you and the other Users. The Company is merely providing a platform for facilitating interactions between the Practitioners and the Registered Users. You shall not hold the Company responsible for any such interactions (or the lack thereof) and associated issues. For avoidance of doubt, the Company is not involved in providing any healthcare or medical advice or diagnosis and hence is not responsible for any outcome between you and the Practitioner you interact with, pursuant to any interactions on the Website. If you decide to engage with a Practitioner to provide medical services to you, you do so at your own risk. The Company shall not be responsible for any breach of service or service deficiency by any Practitioner. We cannot assure nor guarantee the ability or intent of the Practitioner(s) to fulfil their obligations towards you.
3. Further, while every effort has been made to ensure the accuracy of the information and / or documentation generated by the Software (including the Smart Report made available to the Registered User and/or the Historical Records made available to the Practitioner) and the correct functioning of Software, no liability can be accepted for any damage either directly or indirectly resulting from their use. Documents or information generated by the Software (including Smart Report and/or Historical Records) are not designed to replace professional medical advice or attention by the Practitioner, and should not be used for any clinical purpose such as diagnosis or treatment selection. The Company cannot be held responsible for any damage resulting from the use or misuse of any clinical information contained in or implied by documents made available to the Registered Users or Practitioners.
The Company, (i) does not recommend or endorse any Practitioners registered on the Website (ii) does not make any representations or warranties with respect to the Practitioners or the quality of the healthcare services they may provide or the qualifications of the Practitioners; and (iii) does not rank or grade the Practitioners.
You are responsible for the data and information entered or uploaded by you. You are required to ensure that the same is accurate, legible, complete and not misleading in any manner.
Without prejudice to the generality of the above, the Company will not be liable for:
i. any wrong medication or treatment quality being given by the Practitioner(s), or any medical negligence on part of the Practitioner(s);
ii. any type of inconvenience suffered by the User due to a failure on the part of the Practitioner to provide agreed services or to make himself/herself available at the appointed time, no show by the Practitioner, inappropriate treatment, or similar difficulties;
iii. any misconduct or inappropriate behaviour by the Practitioner or the Practitioner’s staff;
iv. cancellation or rescheduling of booked appointment or any variance in the fees charged;
v. any medical eventualities that might occur subsequent to using the services of a Practitioner, whom the User has selected on the basis of the information available on the Website or with whom the User has booked an appointment through the Website.
vi. any action undertaken by the User pursuant to the ranking of the Practitioner which is published on the Website.
vii. any incorrect entries, recording or finding provided by any User.
viii. Any failure by a Practitioner to provide feedback on other medical support or services;
ix. Any failure of any other User for undertaking any services to you as per your agreement with such User for which the Website is used as a facilitation tool;
x. Any services provided by the Healthcare Personnel;
xi Any use or misuse of your information or data (including information or data provided to your Caretaker registered with us) provided or uploaded by you on the Website by a User with whom such data is shared.
Further, the Company shall not be liable, under any event, for any comments or feedback given by any of the Users in relation to the services provided by another User. All such feedback should be made in accordance with applicable law. The option of Users to give feedback remains at the Company’s sole discretion and may be modified or withdrawn at its sole discretion. The Company may moderate such feedback at any time. The Company shall not be obliged to act in any manner to give effect to the content of Users’ feedback, such as suggestions for delisting of a particular Practitioner from the Website.
4. NO DOCTOR PATIENT RELATIONSHIP; NOT FOR EMERGENCY USE
1. Please note that some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, “Information”) that may be available on the Website (including information provided in direct response to your questions or postings) may be provided by individuals in the medical profession. The provision of such Information does not create a licensed medical professional/patient relationship, between the Company and you and does not constitute an opinion, medical advice, or diagnosis or treatment of any particular condition, but is only provided to assist you with obtaining medical care from a qualified practitioner.
2. It is hereby expressly clarified that, the Information that you obtain or receive from the Company, and its employees, Healthcare Personnel, contractors, partners, sponsors, advertisers, licensors or otherwise on the Website is for informational purposes only. We make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, quality of work, expertise or other information provided on the Website. In no event shall we be liable to you or anyone else for any decision made or action taken by you in reliance on such information.
3. The Services are not intended to be a substitute for getting in touch with emergency healthcare. If you are a User facing a medical emergency (either on your or a another person’s behalf), please contact an ambulance service or hospital directly or connect with your Practitioner using the emergency contact number provided by your Practitioner. The Company is not responsible should your Practitioner or hospital or ambulance provider not respond to such emergency requests.
5. CONTENT OWNERSHIP AND COPYRIGHT CONDITIONS OF ACCESS
1. The contents listed on the Website are (i) User generated content, or (ii) belong to the Company. The information that is collected by the Company directly or indirectly from the End- Users and the Practitioners shall belong to the Company. Copying of the copyrighted content published by the Company on the Website for any commercial purpose or for the purpose of earning profit will be a violation of copyright and the Company reserves its rights under applicable law accordingly. It being clarified that the medical records or medical history as provided or uploaded by you is information that the Company does not have access to or have any other rights in relation to such information, save and except such information that you have specifically agreed herein to share with the Company.
2. The Company authorizes the User to view and access the content available on or from the Website solely for ordering, receiving, delivering and communicating only as per this Agreement. The contents of the Website, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the Website (collectively, "the Company Content"), are the property of the Company and are protected under copyright, trademark and other laws. User shall not modify the Company Content or reproduce, display, publicly perform, distribute, or otherwise use the Company Content in any way for any public or commercial purpose or for personal gain.
3. User shall not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
6.REVIEWS AND FEEDBACK
2. You are solely responsible for the content that you choose to submit for publication on the Website, including any feedback, ratings, or reviews (“Critical Content”) relating to Practitioners or other healthcare professionals. The role of the Company in publishing Critical Content is restricted to that of an ‘intermediary’ under the Information Technology Act, 2000. The Company disclaims all responsibility with respect to the content of Critical Content, and its role with respect to such content is restricted to its obligations as an ‘intermediary’ under the said Act. The Company shall not be liable to pay any consideration to any User for re-publishing any content across any of its platforms.
1. You hereby agree not to post or publish any content on the Website that (a) infringes any third-party intellectual property or publicity or privacy rights, or (b) violates any applicable law or regulation, including but not limited to the IG Rules and SPI Rules. The Company, at its sole discretion, may choose not to publish your reviews and feedback, if so required by applicable law. You agree that the Company may contact you through telephone, email, SMS, or any other electronic means of communication for the purpose of:
i. Obtaining feedback in relation to Website or the Company’s services; and/or
ii. Obtaining feedback in relation to any Practitioners listed on the Website; and/or
iii. Resolving any complaints, information, or queries by Practitioners regarding your Critical Content;
and you agree to provide your fullest co-operation further to such communication by the Company.
The Website serves as an interactive platform between the Practitioner and the Registered User for discussions on health related issues wherein the Practitioner may, at its discretion provide health care advice to the Registered User and also determine appointments for follow up on the health care advice provided. At the commencement of the session between the Practitioner and the Registered User, the Practitioner may indicate the consultation fee payable for the advice solicited and in such case the Company shall provide the Registered User an option to directly remit the amount to the Practitioner through the Company using the payment options (provided through a third party vendor / payment gateway) linked to the account created by the Registered User. The Company may also make available an offline fee payment facility, supported by a third party vendor. The Company is not responsible for any loss or damage caused to the Registered User using the payment facilities provided by any third party vendors in relation to the payment options linked to the account or for the offline fee payment facility, as the case may be. Upon receipt of the payment, the Practitioner shall confirm the receipt of the said amount. The amount paid to the Practitioner is non-refundable and the Company is not responsible for the nature of advice provided by the Practitioner. However, in the event, the User does not receive advice from the Practitioner, the same may be communicated to the Company at firstname.lastname@example.org and the Company shall take reasonable endeavours to resolve the matter. However, the Company shall, in no circumstance be held liable to either resolve the matter or to make good any payment or be held liable to provide any services in lieu of such payment in respect of any such grievance of the User connected with the lack of advice by the Practitioner.
The Company permits utilisation of Caretaker Services. If you wish to avail the services of a Caretaker using the Website, you may do so by entering the details of the Caretaker on the Website. By registering the Caretaker on the Website, you consent to the Company sharing your personal information, including details of appointments, prescriptions and medical records, with the Caretaker. The Caretaker may only view such information in order to perform the Caretaker Services. The Company shall not be liable for any use or misuse of such information by the Caretaker. In no event shall the Company be liable for any loss or damage occasioned to the Registered User on account of any deficiency of services on the part of the Caretaker.
The Practitioners may, in cases where the services / medical advice solicited by the Registered Users does not match the practice area of the Practitioner and / or in the event of unavailability of the Practitioner to render services / medical advice to the Registered User for an unduly long period of time, choose to refer the Registered User to a third party specialist (who may or may not be a Practitioner registered on the Website) to for the rendition of such services / medical advice. The Registered Users shall exercise their discretion in proceeding with or accepting such referrals (or accepting any services / medical advice rendered by the third party medical practitioner) made by the Practitioner under this Paragraph. The Company shall bear no responsibility for any liability whatsoever which may arise on account of any such referrals made by the Practitioner and / or arising from the services / medical advice rendered by the third party medical practitioners.
The terms in this paragraph are applicable only to Practitioners.
1. GENERAL POLICY
1. The Company, directly and indirectly, collects information regarding the Practitioners’ profiles, contact details, and practice, and publishes these details on the Website in a manner accessible to the Registered User availing the consultancy and advice of the respective Practitioner. On a Practitioner’s request, the Company may take down any part of such Practitioner’s profile on the Website, provided, however, that the Company shall at no time be under any obligation to take down publicly available information about a Practitioner, his/her profile, contact details and/or practice. All information regarding the Practitioners’ profiles, contact details, and practice is collected for the purpose of facilitating interaction between and among Users and Practitioners. If any information displayed on the Website in connection with you and your profile is found to be incorrect, you are required to inform the Company immediately to enable the Company to make the necessary amendments.
3. The Company reserves the right to moderate the suggestions made by the Practitioners through feedback and has the right to remove such content which is identified by the Company to be abusive or inappropriate or promotional content on the Website. However, the Company shall not be liable if any inactive, inaccurate, fraudulent, or non-existent profiles of Practitioners are added to the Website.
You, as a Practitioner hereby represent and warrant that you will use the Services in accordance with applicable law. Any contravention of applicable law as a result of your use of these Services is your sole responsibility, and the Company accepts no liability for the same.
2.PROFILE OWNERSHIP AND EDITING RIGHTS
The Company provides the Practitioners with a tool to update your profile information and to manage their interaction with their patients. The Company reserves the right of ownership of all the Practitioner’s profile and photographs and to moderate the changes or updates requested by Practitioners. However, the Company takes the independent decision whether to publish or reject the requests submitted for the respective changes or updates. You hereby represent and warrant that you are fully entitled under law to upload all content uploaded by you as part of your profile, provide medical services to the Users using the Website or otherwise while using the Company’s services, and that no such content breaches any third party rights, including intellectual property rights. Upon becoming aware of a breach of the foregoing representation, the Company may terminate your usage of the Website, modify or delete parts of your profile information at its sole discretion with or without notice to you.
3. REVIEWS AND FEEDBACK DISPLAY RIGHTS OF THE COMPANY
1. All content that you choose to submit for publication on the Website, including any feedback, ratings, or reviews (“Critical Content”) is content created by the Users of the Website including the Practitioners and the Registered Users. As a platform, the Company does not take responsibility for Critical Content and its role with respect to Critical Content is restricted to that of an ‘intermediary’ under the Information Technology Act, 2000.
2. The Company reserves the right to collect feedback and Critical Content for all the Practitioners, Clinics and Healthcare Providers listed on the Website.
3. The Company shall have no obligation to pre-screen, review, flag, filter, modify, refuse or remove any or all Critical Content from any Service, except as required by applicable law.
4. You understand that by using the Services you may be exposed to Critical Content or other content that you may find offensive or objectionable. The Company shall not be liable for any effect on Practitioner’s business due to Critical Content of a negative nature. In these respects, you may use the Service at your own risk. The Company however, as an ‘intermediary, takes steps as required to comply with applicable law as regards the publication of Critical Content.
5. The Company will take down information under standards consistent with applicable law, and shall in no circumstances be liable or responsible for Critical Content, which has been created by the Users. The principles set out in relation to third party content in the terms of Service for the Website shall be applicable mutatis mutandis in relation to Critical Content posted on the Website.
6. If the Company determines that you have provided inaccurate information or enabled fraudulent feedback, the Company reserves the right to immediately suspend any of your accounts with the Company and makes such declaration on the website alongside your name/your clinics name as determined by the Company for the protection of its business and in the interests of Users. You shall be liable to indemnify the Company for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected the Company or its Users.
The Practitioner agrees that, when providing any written response to a User’s query or providing any other medical services using the Website that constitutes a performance of his/her services, the Practitioner shall not post language that may be considered abusive, objectionable or demeaning to any other User. In the event, the Practitioner indicates as part of his response the consultation fee payable for the advice solicited through the query, the Company may provide the Practitioner an option to directly remit the amount to the Practitioner through the payment options linked to the account of the User and subsequently deduct a portion from the amount paid as its fee (which fees may be mutually agreed upon between the Company and the Practitioner) for the performance of the services. The Company may also make available an offline fee payment facility, supported by a third party vendor. In the event the Company provides an offline payment option and the Practitioner chooses to employ such an option for the purpose of remittances of fees payable to the Practitioner (by the User), the Practitioner shall be liable to make a payment of certain fees (which fees may be mutually agreed upon between the Company and the Practitioner) to the Company for the performance of the Services by the Company. The Company is not responsible for any loss or damage caused to the Registered User using the payment facilities provided by any third party vendors in relation to the payment options linked to the account or for the offline fee payment facility, as the case may be.
The Company shall remit the fees to the Practitioner in accordance with the terms agreed between the Practitioners and the Company.
1. Practitioner hereby represents and warrants that he/she:
i. is qualified to provide medical services within the territory of India;
ii. has obtained all licenses as required by law to provide medical services and has not committed any act or omission that might prejudice its continuance or renewal; and
iii. has provided the Company true, accurate, complete and up to date details about their qualification and credentials.
iv. Practitioner agrees that he/she shall at all times abide by the applicable medical regulations and guidelines including the code of professional ethics as prescribed under applicable laws.
v. Practitioners shall promptly renew their licenses required to provide medical services and notify the Company about the same.
1. The Company reserves the right to terminate any account of the Practitioner in case:
ii. the Company is unable to verify or authenticate any information provided to it by a Practitioner; or
iii. the Company in its sole and absolute discretion believes that actions of the Practitioner may cause legal liability for the Company or other Users and / or may adversely affect the services rendered by the Company.
4. The Practitioner hereby agrees that, for any User that contacts the Practitioner using the Website, only he/she shall be allowed to perform the services for the Practitioner and that the Practitioner may under no circumstances be permitted to transfer the performance of any medical services to any other person, except under their direct supervision. The Practitioner accepts all responsibility and liability for the use of the Website and for the provision of medical services rendered to a User pursuant to the Services under this Agreement, including the performance of its services, by any other party claiming to be the Practitioner and hereby agrees to indemnify the Company against any claim or loss that may be faced by the Company consequent to such use.
5. The Practitioner acknowledges that the Software may generate Smart Reports for Registered Users based on their diagnostic test results. The Practitioner understands and acknowledges that the Smart Reports are auto-generated, based on the reference standards prescribed by him / her. At any time if the Practitioner wishes to change the reference standards prescribed by him / her, the Practitioner is required to forthwith intimate details of alternate reference standards to the Company, which the Practitioner would want applied to his / her patients’ diagnostic test results.
6. The Practitioner acknowledges that the Software may generate Advice Slips for use of the Practitioners, as a part of the Services. The Practitioner understands that the Advice Slips are auto-generated, based on the medical documents / information uploaded by the Registered User on the Website and are not meant to influence or replace medical attention and care that the Registered User would receive from the Practitioners, in the absence of such Advice Slips. The Practitioner is expected to exercise discretion and follow accepted standards of care, in determining the course of treatment for the Registered User, based on his independent diagnosis of the medical history of the Registered User. The Advice Slips so generated shall also provide for an option to the Practitioners to modify the contents of the Advice Slip, at his / her sole discretion.
7. The Practitioner hereby agrees that in the event he / she is unavailable or absent when contacted for advice on a medical query by a Registered User, the Medical Consultants engaged by the Company may prepare and send a draft medical advice slip in relation to the query, to the concerned Practitioner, for his / her confirmation. The Practitioner may either approve the advice slip in its draft form or may make necessary changes to the advice, based on his / her review. Upon final approval of the advice slip by the Practitioner, the Medical Consultants may do the needful for issuance of the final prescription to the Registered Users through the Website. The Practitioner accepts all responsibility and liability for the final medical advice rendered by the Medical Consultants to the Registered User and hereby agrees to indemnify the Company against any claim or loss that may be faced by the Company consequent to the issue of such advice.
8. The Practitioner hereby agrees to hold in strictest confidence all information provided by a User to him/her under all circumstances. Practitioner agrees that he/she shall not disclose any information or documentation provided by a User any other person, nor shall he/she allow, by act or omission, such information or documentation to be acquired by any other person unless the same is authorised specifically by the User in writing.
9. The Practitioner agrees to render his/her services and fulfil their obligations towards their patients using their best efforts, skill and ability and in compliance with all applicable laws, regulations, guidelines and professional code of ethics as are applicable to medical practitioners in India.
10. The Practitioner hereby agrees not to seek the contact details of any User or to contact any User except through the Website save and except where such User is a patient of the Practitioner and that any such contact will be only for the limited extent of providing medical services as per applicable laws, regulations, guidelines and professional ethics applicable to medical practitioner in India.
11. The Company shall not be responsible for the completeness or accuracy such information, including if as a result of such inaccuracy, a communication is sent to an unintended recipient.
13. The Practitioner agrees not to post any comments or upload any content which are defamatory, obscene, objectionable or in nature and the Company reserves the right to remove any comments which it may determine at its own discretion to violate these Terms and Conditions or be violative of any law or statute in force at the time. The Practitioner agrees to absolve the Company from and indemnify the Company against all claims that may arise as a result of any legal claim arising from the nature of the content or the comments posted by the Practitioner on the Website.
14. The Practitioner acknowledges that they are the original authors and creators of any content or comments uploaded by them on the Website and that no content or comment uploaded by them would constitute infringement of the intellectual property rights of any other person. The Company reserves the right to remove any content or comment which it may determine at its own discretion as violating the intellectual property rights of any other person. The Practitioner agrees to absolve the Company from and indemnify the Company against all claims that may arise as a result of any third party intellectual property right claim that may arise from the Practitioner’s uploading of any content on the Website. The Practitioner also agrees to absolve the Company from and indemnify the Company against all claims that may arise as a result of any third party intellectual property claim if the Practitioner downloads an image from the Company’s Website and utilizes it for his/her personal or commercial gain.
15. The Practitioner hereby assigns to the Company in perpetuity and worldwide, all intellectual property rights in any content, response to queries by Users or comment created by the Practitioner and uploaded by the Practitioner on the Website.
16. The Company shall have the right to edit or remove the content and any comments in such manner as it may deem fit at any time. The Practitioner acknowledges that the content on the Website reflects the views and opinions of the authors of such content and does not necessarily reflect the Company’s views.
17. While every effort has been made to ensure the accuracy of the information and / or documentation generated by the Software (including the Smart Report made available to the Registered User and/or the Historical Records made available to the Practitioner) and the correct functioning of Software, no liability can be accepted for any damage either directly or indirectly resulting from their use. Documents or information generated by the Software (including Smart Report and/or Historical Records) are not designed to replace professional medical advice or attention by you, and should not be used for any clinical purpose such as diagnosis or treatment selection. The Company cannot be held responsible for any damage resulting from the use or misuse of any clinical information contained in or implied by documents made available to the Registered Users or Practitioners.
18. The Practitioners may, in cases where the services / medical advice solicited by the Registered Users does not match the practice area of the Practitioner and / or in the event of unavailability of the Practitioner to render services / medical advice to the Registered User for an unduly long period of time, choose to refer the Registered User to a third party specialist (who may or may not be a Practitioner registered on the Website) to for the rendition of such services / medical advice. The Practitioners shall exercise their discretion to make referrals under this Paragraph with due regard to the professional and ethical codes applicable to them under applicable law. The Company shall bear no responsibility for any liability whatsoever which may arise on account of any such referrals made by the Practitioner and / or arising from the services / medical advice rendered by the third party medical practitioners.