Where such expression shall, unless repugnant to the context thereof, be deemed to include its respective legal heirs, representatives, administrators, permitted successors and assigns;
The headings of each section in this Agreement are only for the purpose of organizing the various provisions under this Agreement in an orderly manner. These headings shall not be used by either party to interpret the provisions contained under them in any manner. Further, the headings have no legal or contractual value.
We hold the sole right to modify the Terms of Service without prior permission from You or providing notice to You. The relationship creates on You a duty to periodically check the Terms of Service and stay updated on its requirements. If You continue to use the Website and/or Mobile Application or avail any of Our services following such change, this is deemed as consented by You to the so amended policies. Your continued use of the Website and/or Mobile Application is conditioned upon your compliance with the Terms of Service, including but not limited to compliance with the Terms of Service even after alterations, if any.
2. SERVICE OVERVIEW
3. SERVICE TERMS
As a User of the Website and/or Mobile Application, You agree and understand to the following:
The User will be required to furnish the following details as condition precedent for availing this Service, which includes but not is limited to the User’s First name, Last Name, Date of Birth, Gender, Phone number, Email ID. The information can also be furnished for family members on whose behalf the User is requesting consultation.
Once the patient logs into the Website and/or Mobile Application, provides their details, and chooses the specialization of the doctor required for a consultation, We will a doctor to the patient for the consultation.
You understand and agree that the enquiry for a doctor will be processed only after the Users provide their consent for availing all or any of Our Services (along with the estimated price) provided by Us to them. The concerned doctor will be intimated only after the User makes the required payment on the Website and/or Mobile Application. We currently accept payments via credit cards and debit cards. The rates of the Service shall be notified on the Website and/or Mobile Application itself. Any payment towards the Services is not refundable, except in cases where the Practitioner has acted in contravention of any guidelines, applicable laws, rules, regulations or terms of this Agreement. The charges for the Services shall be updated or amended from time to time at the sole discretion of the Company and it shall be your responsibility to remain informed about the charges for the Services.
Cancellations and Refunds
For Practitioners: The Practitioner understands and agrees that the amount remitted to him/her is non-refundable, except in the event of non-compliance with applicable law, rules, regulations, guidelines or the terms of this Agreement if the Company deems it fit to refund the remittance. In all other events, the Company shall not be liable to provide a refund.
For User: The User understands and agrees that any payment towards the Services offered by the Website and/or Mobile Application is non-refundable, except in the event of non-compliance with applicable law, rules, regulations, guidelines or the terms of this Agreement if the Company deems it fit to refund amount paid. In all other events, the Company shall not be liable to provide a refund.
7. MODE OF PAYMENT
The User agrees and acknowledges that he/she is a restricted User of this Website and/or Mobile Application, and that:
You agree to ensure the email address provided in your account registration is valid at all times and shall keep your contact information accurate and up-to-date.
You agree to comply with all local laws and regulations governing the use of the Website and/or Mobile Application, including, without limitation to, any usage rules set forth in this Agreement.
Not to cut, copy, distribute, modify, re-create, reverse engineer, distribute, disseminate post, publish or create derivative works from, transfer, or sell any information or software obtained from the Website and/or Mobile Application. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website and/or Mobile Application is not permitted. Should You want to engage in one or more such actions, prior permission from Us must be obtained;
Not to access (or attempt to access) the Website and/or the Mobile Application and their Services by any means other than through the interface that is provided by the Website and/or Mobile Application. The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website and/or Mobile Application or their Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website and/or Mobile Application, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website and/or Mobile Application is prohibited. You acknowledge and agree that by accessing or using the Website and/or Mobile Application and their Services, You may be exposed to content from other Users or Third Parties that You may consider offensive, indecent or otherwise objectionable. We disclaim all liabilities arising in relation to such offensive content on the Website. Further, You may report such offensive content;
Not to use the Website and/or Mobile Application in any manner that may impair, overburden, damage, disable or otherwise compromise (i) Company’s services; (ii) any other party’s use and enjoyment of Company’s services; or (iii) the services and products of any Third Party;
Not to use the Services or Materials for any unlawful purposes or to conduct any unlawful activity, including, but not limited to, fraud, embezzlement, money laundering or identity theft;
Not to abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;
Not to engage in any activity that interferes with or disrupts access to the Website, Mobile Application and/or the Services (or the servers and networks which are connected to the Website and/or Mobile Application);
upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website and/or Mobile Application;
download any file posted on the Website and/or Mobile Application that you know, or reasonably should know, cannot be legally distributed in such manner;
Neither probe nor scan nor test the vulnerability of the Website and/or Mobile Application or any connected network, nor breach the security or authentication measures on the Website and/or Mobile Application. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website and/or Mobile Application, or exploit the Website, Mobile Application and/or any Service or information made available or offered by or through the Website and/or Mobile Application, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website and/or Mobile Application;
disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, servers or networks connected to or accessible through the Website, Mobile Application and/or any affiliated or linked Websites;
violate any applicable laws or regulations for the time being in force within or outside your home country;
violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
threaten the unity, integrity, defense, security or sovereignty of your home country, 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;
Disseminate information through the Website that is false, inaccurate or misleading, or violate any applicable laws or regulations for the time being in force in or outside your home country.
9. PRACTITIONER’S OBLIGATIONS
The Practitioner agrees and acknowledges that he/she is a listed Practitioner of this Website and/or Mobile Application, and that:
The Practitioner shall reply to the User after receiving the User’s communication. In the event of non-compliance with regard to adherence with applicable laws, rules, regulations, guidelines, terms as per this Agreement by the Practitioner, the Company reserves the right to provide the User with another Practitioner as well as the right to remove the non-compliant Practitioner from the Website and/or Mobile Application.
The Practitioner understand and agrees that the Company shall, at its sole discretion and at any time, be entitled to make available other Practitioners for the User.
The Practitioner understands and agrees that the Practitioner has the sole responsibility of treating Users as per the model outlined by the Company/as they would treat a patient physically present during a consultation.
The Practitioner understands and agrees that the Practitioner can cancel any consultation which is beyond his/her expertise or capacity.
The Practitioner understand and agrees that the information disclosed by the User before, during or after a consultation shall be confidential and subject to Doctor-Patient privilege.
The Practitioner understand and agrees that a consultation remains open for 48hours after it commences in order to cater for follow-up guidance and/or further queries required by the User.
The Practitioner understand and agrees that the amount to be remitted to the Practitioner would be done so on a fortnightly basis.
DISCLAIMER OF LIABILITY
DISPUTES ARISING OUT OF THIS AGREEMENT
How Information is Collected:
External Links on Website:
Non-Personal Identification Information:
We may collect non-personal identification information about Users whenever they interact with our Website and/or Mobile Application. Non-personal identification information may include the browser name, the type of computer and technical information about Users’ means of connection to our Website and/or Mobile Application, such as the operating system and the Internet service providers utilized and other similar information.
Our Use of Your Information:
The Company collects and uses Users’ personal information for the following purposes:
To improve customer service: The Users’ information helps Us to more effectively respond to the User’s customer service requests and support needs.
To personalize user experience: We may use information in the aggregate to understand how our Users as a group use the services and resources provided on our Website and/or Mobile Application.
To improve our Site: We continually strive to improve Our website offerings based on the information and feedback We receive from You
To process transactions: We may use the information Users provide about themselves when placing an order only to provide service to that order. We do not share this information with Third Parties except to the extent necessary to provide the service.
To administer a content, promotion, survey or other Site feature: To send Users information they agreed to receive about topics we think will be of interest to them.
To send periodic emails: The email address Users provide for order processing, will only be used to send them information and updates pertaining to their order. It may also be used to respond to their inquiries, and/or other requests or questions. If User decides to opt-in to Our mailing list, they will receive emails that may include company news, updates, related product or service information, etc. If at any time the User would like to unsubscribe from receiving future emails, We include detailed unsubscribe instructions at the bottom of each email or User may contact us via our Website and/or Mobile Application.
Our Disclosure of Your Information
Accessing and Reviewing Information:
Following registration, the User can review and change the submitted information. If the User changes any information We may or may not keep track of the User’s old information. The User can change his/her registration information such as: name, phone number, and other profile information. We will retain in Our files information the User has requested to remove for certain circumstances, such as to resolve disputes, troubleshoot problems and enforce Our terms and conditions. Further, such prior information is never completely removed from Our databases due to technical and legal constraints, including stored ‘back up’ systems. Therefore, the User should not expect that all of his/her personally identifiable information will be completely removed from Our databases in response to the User’s requests.
Control of the User’s Password:
Other Information Collectors:
Users may find advertising or other content on our Website and/or Mobile Application that link to the sites and services of Our partners, suppliers, advertisers, sponsors, licensors and other Third Parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our Website and/or Mobile Application. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to our Website and/or Mobile Application, is subject to that website\’s own terms and policies.
We treat data as an asset that must be protected against loss and unauthorized access. We employ many different security techniques to protect such data from unauthorized access by anyone inside and outside the Company. We do not recommend transfer of sensitive information (such as credit card number) and bank account details via the Website and/or Mobile Application to other Users. Users are recommended to do so offline, on the phone or via personal emails. We follow generally accepted industry standards to protect the personal information submitted to Us, both during transmission and once We receive it. However, “perfect security” does not exist on the Internet. The User, therefore, agrees that any security breaches beyond the control of Our standard security procedures are at the User’s sole risk and discretion.
User’s Responsibilities and Risks:
We cannot ensure that all of the User’s private communications and other personal information (including sensitive information like credit card information and bank account number) will never be disclosed in ways not otherwise described in these Terms of Service. Therefore, though We are committed to protecting the User’s privacy, We do not promise, and the User should not expect, that his/her personal information will always remain private. As a user of the Website and/or Mobile Application, the User understands and agrees that the User assumes all responsibility and risk for his/her use of the Website and/or Mobile Application, the internet generally, and the documents the User posts or accesses and for his/her conduct on and off the Website and/or Mobile Application.