The
following Terms of Use (hereinafter referred to as TOU) are
applicable upon all members of the general public who have voluntarily
evinced interest in availing the online service of interactive health and
medical support facility through use of the website i.e. [.]
(hereinafter referred to as Website). The Website provides a
variety of online services including but not limited to interactive
session with the doctors/ medical experts and/or paramedical staff via
audio, video, email, chat etc., management of personal health records,
diagnosis report upload facility and specialized health services for
corporate groups etc. (hereinafter collectively referred to as Services)
subject to strict applicability of the TOU herein.
The
Website is only made available to members of general public who are 18
years of age or older who reside within the territory of [.India]
(hereinafter referred to as User). If the User is not 18 years
old, or does not reside within the territory of [India.] or does not
agree with all of the TOU, the Users are advised to discontinue using the
Website immediately. By using or attempting to use the Website, the User
certifies that he/she are at least 18 years of age and meet any other
eligibility and residency requirements of the Website.
By
using the Website and the available Services, the User indicates his/her
agreement to these TOU, including the Privacy Policy/ disclaimers stated
herein. The TOU may change over time and without any advance
notification, hence the Users are advised to occasionally visit this page
to review any modifications/ amendment and/or extension to the TOU as the
same are binding upon them. It is hereby clarified that the Website may
at any time be subjected to change in its appearance/ design/ features or
there may be addition, delete, suspension or termination of the Website
and/ or any content, Services offered through the Website, for whatsoever
reasons without any notice and that the User will not be entitled to
raise any dispute and objection to the same.
if
at any time, any new feature or sub-page is added/ started to the
Website, or any links to external/related sub-pages are created/
developed by the owners of the Website; then in all those cases the
specific TOU and Term & Conditions (T&C) for all such
pages/links, which are available on such sub-pages shall be applicable
upon the Users. However, if any inconsistency is found between the TOU
and T&C of the specific pages, then in that case the terms that are
most recent would supersede any preceding TOU or T&C (as the case may
be).
REGISTRATION THROUGH WEBSITE:
In
order to access or use the Services through the Website, User will have
to become a registered user.
During
registration, the User will create a user name and password (a Membership),
which may permit the User to access the Services through the Website not
available to non-registered Users. Upon registration of the User, he/ she
can upload scanned copy of last visit’s prescription sheet and/or any
diagnostic report and health status via text, audio & video clip for
the concerned doctor/ medical expert to consider the case in detail.
Once
the User login through its user ID and password, he/she will be entitled
to browse through Doctor’s profile specialized in different fields/
departments. Upon selection of concerned doctor and department, the User
would be required to make online payment of the consultancy fee and
portal usage fee as prescribed therein. The Users can consult and/or
discuss medical condition with the doctor via text message, chat, audio
or video mode etc.
It
is being clarified that the Users shall provide complete and accurate
medical condition of their health status and all known allergies to any
medicines, for the concerned doctor to specifically understand and
respond to the medical condition of the User. In the event of any wrong
or incomplete information if shared by the User, neither the doctor nor
the Website shall be made responsible or accountable in this regard.
Statement of demand of other conditions.
INFORMATION AND SERVICE AVAILED THROUGH WEBSITE:
The
Website offers health, fitness, nutritional and other medical related
information, but such information is designed for reference and general
consultancy purposes only. The information/ advice contained on the
Website or derived through interaction with the doctors/ paramedical
staff does not and is not intended to convey any definitive
recommendation/ prescription to adopt in any specific treatment or health
condition. The Users are advised to use their reasonable discretion
and judgment before acting upon any such advice/ prescription and diagnosisdone
by the doctors/ medical practitioners. In case of any fatal emergency,
the Users are advised to take immediate medical attention/help and visit
a nearby hospital/ emergency health centre irrespective of any
assistance/ Service already being availed through the Website.
Through
the Website, the Users will have access to real time interaction and
consultancy advice of third party doctors/ medical practitioners and/or
paramedical staff. Any health or medical prescription/ advice,
consultancy, diagnosis or other information or content expressed or
shared by the doctors or paramedical staff are those of the respective
professionals and the Website and/or its owners does not take any
guarantee of the accuracy, completeness, usefulness, suitability or
fitness for any medical condition or treatment required by the Users.
As
part of the Services through the Website, professionals and medical
practitioners are offered an opportunity to extend their medical expertise
and consultancy service on payment of portal usage fee to the portal. The
Website makes no warranty or representations about the accuracy,
suitability or completenessof any background checks including
professional qualification, credentials or experience of any medical
practitioner or doctor listed on the Website.
It
is further being clarified that the Website Usersagree and accept that
he/she is prohibited from republishing, selling, duplicating, or scraping
for commercial or any other purpose whatsoever, the information/content
or advise sought from the registered doctors, professionals, medical test
agents or any data or other information contained on the Website, in
whole, or in part in any medium whatsoever.
NO FORCED SERVICE
The
Users acknowledge and warrant that the Website and/or its owners have not
instigated and/ or forced the Users in any manner whatsoever to avail the
Services through the Website and make consequent payment thereof.
The
Users also acknowledge that they have approached the Website voluntarily
and that there has been no illegal solicitation of the Users.
LIMITATION OF LIABILITY & DISCLAIMERS
Under
no circumstances shall the Website, or its operators/ owners, directors,
employees, partners, successors, agents, affiliates, subsidiaries, or
related companies be liable for indirect, incidental, special,
consequential or exemplary damages (even if the above listed parties have
been advised of the possibility of such damages), arising out of,
relating to, or in any way connected with the said Website or these TOU.
The Users sole remedy for dissatisfaction with the Website and/or the
Services availed through the Website including, without limitation, the
Website content/ information; is to immediately discontinue the usage of
the Website. While the operator of the Website uses reasonable efforts to
provide/include accurate and up to date information on the Website AND
the Website makes no warranties or representations as to the accuracy,
suitability, reliability, availability, timeliness of the information/
content and Services provided through the Website. The Website assumes no
liability or responsibility for any errors or omissions in the content/
information shared between the Users and the concerned doctor through the
Website.
THE
INFORMATION/ CONTENT AND/OR SERVICES ON OR ACCESSIBLE THROUGH THE WEBSITE
ARE PROVIDED "AS IS" AND "AS AVAILABLE" BASIS WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT
PERMITTED BY APPLICABLE LAW, THE WEBSITE DISCLAIMS ALL WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF THE
RELIABILITY, SUITABILITY, ACCURACY OR COMPLETENESS FOR A PARTICULAR
PURPOSE OR NON-INFRINGEMENT.
The
Website does not warrant that the access to the Website will be
uninterrupted or error-free, that defects will be corrected, or that the
Website or the servers that make the Website available are free of
viruses or other harmful components.
USERS
FURTHER AGREE THAT THE ADVICE/OPINION OF THE MEDICAL PROFESSIONALS,
PARAMEDICAL STAFF MAY NOT BE ABLE TO PROVIDE AN ADEQUATE SOLUTION TO
USER’S QUESTION FOR ILLNESS/COMPLICATIONS AT ALL TIMES. THE WEBSITE DOES
NOT RECOMMEND, VERIFY, ENDORSE, EVALUATE OR GUARANTEE ANY ADVICE,
OPINION, REPORT, INFORMATION OR OTHER SERVICES PROVIDED BY THESE
PROFESSIONALS/STAFF.
Website
will not be liable for any physical, mental, monetary or other
damages/loss sustained due to use of our Website and due to reliance by
User on such advice/opinion/information, provided by the professionals/
staff etc. Website does not endorse or recommend any particular doctor or
health care expert. It is the responsibility of the Users to verify the
credentials of the concerned doctor/ professional and health care expert
before any interaction.
USERS
UNDERSTANDS AND ACKNOWLEDGE/AGREE THAT THE ROLE OF THE WEBSITE IS
STRICTLY LIMITED TO PROVIDING ACCESS TO DOCTORS, PROFESSIONALS AND OTHER
MEDICAL EXPERTS FOR OPINION/ADVICE, INFORMATIVE IN NATURE AND THAT USERS
TAKES SOLE RESPONSIBILITY FOR THE DECISION TO AVAIL THE SERVICES OF ANY
SPECIFIC DOCTOR/ PROFESSIONAL THROUGH THE WEBSITE.
It
is being clarified that the Website offers an opportunity to the Users
and the concerned doctors/ medical experts for communication through an
interactive online platform on payment of specified portal usage fees.
The User authentication on the Internet is impossible and therefore the
Website does not warrant any User identification through the Website.
Since
the Website is not, and cannot be involved in User and doctor/
professional interaction/ dealings or control the behaviour of the
participants on the Website, in the event that the User or the concerned
doctor has a dispute with each other, the parties agree to release the
Website (and its owners, officers, affiliates and employees) from claims
and damages (whether actual and consequential, direct and indirect) of
every kind and nature, known and unknown, suspected and unsuspected,
disclosed and undisclosed, arising out of or in any way connected with
such disputes.
INDEMNIFICATION
By
using the Website, the Users agree to indemnify, hold harmless and defend
the Website, its owners, officers, directors, employees and agents from
any claims, damages, losses, liabilities, and all costs and expenses of
defense, including but not limited to attorneys’ fees, resulting directly
or indirectly from a claim by a third party that is based on User use of
the Website in violation of these TOU.
PRIVACY STATEMENT
Website
provides interactive consultation services such as text email, voice
recording, uploading of graphic images and Chat/Video Conferencing with
doctors/medical experts. To facilitate such communication, the
Website requires the Users name, age, sex, health information, various
habits, email, address, phone contacts, address and other personal
information along with medical records which are part of the User’s
profile. Providing such personal and identifiable information is
mandatory to enable the Website to provide Services as stated therein.
Website
operators will use the information provided by Users in the best interest
of the Users. User’s personal data may in some situations be seen by
third parties, such as doctors, or portal operators and portal
maintenanceagency etc. Website does not have Non Disclosure Agreements
with these third parties who may be able to access this information.
Website
may use the aggregate information collected on its portal to study
statistical results and produce summary reports. Such information may be
shared with Website partners and advertisers under the sole discretion of
the Website owners.
In
the case of danger to the Website and/or its Users or others and in case
of any legal investigations, the Website operator’s will have the right
to share information in its contents/records with the law enforcement
agencies.
Website
may contain links to other sites. The Website is not responsible for the
privacy practices of such other sites.
Website
will be sending SMS/emails/making calls at contact information provided
by the Users. In case the User has provided wrong contact details, the
Website will not be responsible for the information loss or privacy loss
due to the message going to an unknown destination.
PROHIBITED USES OF THE WEBSITE
User
warrants to use the Website in accordance with these TOU and any relevant
statutory provisions. Users are prohibited from violating the security of
the Website by engaging in the following: (a) accessing data not intended
for such User or logging into an account which the User is not authorized
to access; (b) attempting to test the vulnerability of a system or to
breach any security or authentication measures; or c) attempting to
overload, spam, or crash the Website by means of a “virus” or other
software “attack”. Any attempted violations may result in civil or
criminal liability, and the Website, its owners are entitled to prosecute
Users who are involved in such violations.
Users
may not use the Website in order to transmit, or store material (a) in
violation of any applicable law or regulation, (b) in a manner that will
infringe the copyright, trademark, trade secret or other intellectual
property rights of others or violate the privacy, publicity or other
personal rights of others, (c) that is defamatory, obscene, threatening,
abusive or hateful, or (d) in a manner which jeopardizes India’s national
security, contributes to social unrest, or sectarian violence.The Website
reserves the right to remove any material of which they are aware
infringes the TOU and/or which the operators of the Website consider
inappropriate, obscene and/or objectionable.
PROHIBITED CONTENT ON THE WEBSITE- HOW TO REPORT ABUSE
Any
content which is offensive, dangerous, invades the privacy of others or
is unlawful is prohibited from the Website: This includes, but is not
limited to, the following: (a) pornography; (b) solicitation of illegal
activities; (c) racial, religious, or ethnic slurs (d) incitement to
violence against any individual for whatever reason; (e) the sending of
junk mail or spam; (f) violating or advocating the violation of
copyrighted works; (g) releasing private information of another User
without their consent; and (g) providing information or instruction about
illegal activities.
Please report any abuse of our Website to the web porta contact given.
COLLECTION AND USE OF INFORMATION
In
some areas of registration &membership, the Website may request the
User to provide personal information, including name, address, e-mail
address, telephone number, credit card number, contact information,
billing information and any other information from which User’s identity
is discernible. In other areas, Website collects or may collect
demographic information that is not unique to the Users such as User
code, age, preferences, gender, interests and favorites etc. Sometimes
the Website collect or may collect a combination of the two types of
information.
In
addition, the Website may indirectly collect information about the Users
when they use certain third party services available on the Website. The
Website also gathers or may gather certain information about the User’s
use of the Website, such as what areas the User visit and what Services
are usually availed etc. Moreover, there is information about User’s
computer hardware and software that is or may be collected by the Website
operators. This information can include without limitation User’s IP
address, browser type, domain names, access times and referring website
addresses, but is not linked to User’s personal information.
The
Website may sometimes afford the User an opportunity to provide
descriptive, cultural, and preferential and/or life style information
about themselves. But it is solely up to the User whether to furnish such
information or not. If the User does provide such information, User is
thereby consenting to the use of that information in accordance with the
policies and practices described in the Privacy Statement. For example,
such information may be used for the purpose of determining User’s
potential interest in receiving e-mail or other communications about
particular Services.
In
addition, at the time of registration for an account, Users have the
option to elect or not elect to receive additional communications,
information and promotions, including without limitation, free
informational newsletters from us relating to topics that may be of
special interest to the User.
The
operators of the Website provide areas on the Website where a User can
submit feedback. Any feedback submitted in these areas becomes the
property of the Website owners and can be used for marketing purposes or
to contact the Users for further information.
DISCLOSURE OF PERSONAL INFORMATION TO OTHERS
The
owners of the Website may disclose and transfer information to a third
party who acquires all or a substantial portion of the business, whether
such acquisition is by way of merger, consolidation or purchase of all or
a substantial portion of the assets. In addition, in the event the owners
of the Website become the subject of a bankruptcy proceeding, whether
voluntary or involuntary, the owners or trustees in bankruptcy may sell,
license or otherwise dispose of such information in a transaction
approved by the bankruptcy court.
INTELLECTUAL PROPERTY OWNERSHIP
All
information, materials, images, software, photographs, articles,
functions, text and other content (collectively, “Content”)
contained on or offered through the Website and all copyrights,
trademarks, and other intellectual property rights in or relating to the
Content are the sole property of the owners of the Website, its licensors
or content providers or other third parties. The Website and all of
its Content and the selection and arrangement thereof, is protected as a
compilation owned by the owners of the Website under the copyright laws
of the India and other countries. The owner’s of the Website
reserves all rights not expressly granted in and to the Website and the
Content.
All
information, materials, images, software, photographs, articles,
functions, text and other content (collectively, “Content”)
contained on or offered through the Website and all copyrights,
trademarks, and other intellectual property rights in or relating to the
Content are the sole property of the owners of the Website, its licensors
or content providers or other third parties. The Website and all of
its Content and the selection and arrangement thereof, is protected as a
compilation owned by the owners of the Website under the copyright laws
of the India and other countries. The owner’s of the Website
reserves all rights not expressly granted in and to the Website and the
Content.
Unless
otherwise noted, all trademarks, service marks, trade names, and logos
displayed on the Website are the trademarks, service marks, trade names,
and logos of the owners of the Website. Nothing on the Website shall
be construed as granting, by implication, estoppel, or otherwise, any
license or right to use any trademark, trade name, logo or service mark
displayed on the Website without the owner's prior written permission.
VIOLATION OF TERMS OF USE AND THREATENING BEHAVIOR
Although
the Website is not responsible for screening or monitoring User content,
the Website may review and delete any content that violates the TOU,
violates applicable law, rule or regulation, is offensive or illegal,
violates the copyrights of another or violates the rights of, harms or
threatens the safety of other Users/doctors/ medical experts on the
Website. If the User engages in prohibited behavior, the User risks
expulsion from the Website and future restrictions may be placed upon
continued access to the Website.
GENERAL
The
TOU constitute the entire agreement between the Users and the owners of
the Website and govern usage of Services through the Website. The TOU and
the usage of the Website shall be governed by the laws of the country of
India without regard to its conflict of law provisions and courts at [.New
Delhi India]alone shall have the exclusive jurisdiction to try and
entertain any dispute arising out between Users,Doctors/Professionals and
the owners of the Website. Failure to exercise or enforce any right or
provision of the TOU shall not constitute a waiver of such right or
provision. If any provision of the TOU is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that the court
should endeavour to give effect to the parties’ intentions as reflected
in the provision, and the other provisions of the TOU remain in full
force and effect.
