A. Terms And Conditions
In terms of Information Technology Act, 2000, this document is an electronic record. Being generated by a computer system it does not require any physical or digital signatures.
The Agreement supersedes all previous oral and written terms and conditions (if any) communicated to You.
The domain names https://www.critico.health and https://www.criticohealth.com (hereinafter referred to as ‘Website’) is owned by Critico Health Services Private Limited (hereinafter referred to as ‘Company’) bearing the registered address CRITICO HEALTH SERVICES PRIVATE LIMITED, H.NO.10706, TOWER 1, NIKOO HOMES 1, BHARTIYA CITY, THANNISANDRA MAIN ROAD, BANGALORE, 560064, KARNATAKA.
1.1 For the purpose of these Terms of Service, the terms ‘You’ or ‘Your’ refer to you as the user (irrespective of whether You are a Registered User or a Non-Registered User). In the event the Website is being used by a person on your behalf, the expression “You” or “Your” shall apply to such person as well. Even if you simply visit the Website by entering the domain name in any internet browser you will be considered a User. Any services provided by the Website which do not require registration do not absolve You of the contractual relationship established by this Agreement.
1.2 “Registered Users” are users who have successfully registered themselves with the Company through the Website by providing information that is true and accurate, and who can log on to their account on the Website by providing their username and password (“Primary User”); or whose profile has successfully been created on the Website under the account of a Primary User, by providing information that is true and accurate (“Secondary User”).
1.3 “Non-Registered Users” are users who have not successfully registered themselves on the Website. Non-Registered Users may not be provided access to certain areas of the Website.
1.4 Registered Users and Non-Registered Users shall individually or collectively be referred to as “Users”.
1.5 Wherever the context requires, the term ‘Doctor’ shall mean any person permitted to practice medicine by the MCI (Medical Council of India) who will be verified and authenticated by Us.
1.6 “Health Care Service Providers” or “HSPs” or “Specialists” or “Specialist“are duly qualified doctors, nurses, paramedical staff, physiotherapists, consultants, medical equipment suppliers, laboratory service providers, other incidental and ancillary health care service providers, mental health professionals, counsellors, psychologists, psychiatrists who interact with Registered Users as part of the Services.
1.7 “Medical Partner” are duly qualified doctors, nurses, paramedical staff, physiotherapists, consultants, medical equipment suppliers, laboratory service providers, other incidental and ancillary health care service providers who are Registered Users who use Services on behalf of other patients or users, such as, not limiting to, a pharmacist partner creating a new consultation request for a patient who has visited the partner’s pharmacy.
1.8 All services which the Users can utilise from our platform, shall be collectively known as ‘Services’.
1.9 By entering, surfing and using this Website, You are bound by these Terms of Service and any other binding document as decided by the Company. You are requested to read them carefully before accepting the same and moving forward to using the Website.
1.10 The term ‘We’/ ‘Us’/ ‘Our’ shall mean Company. The use of this Website by You is solely governed by this Terms of Service and any other terms or policies published by Us. Moving past the home page of the Website and using any of the services shall be taken to mean that You have read and agreed to all of the terms and conditions so binding on You as laid down in these Terms of Service.
1.11 You will be subject to the rules, guidelines, policies, terms, and conditions as applicable to any service that is provided by this Website, and they shall be deemed to be incorporated into this Terms of Service and shall be considered as part and parcel of this Terms of Service. We hold the sole right to modify the Terms of Service without prior permission from You or informing You.
1.12 This relationship with Us creates on You a duty to periodically check the terms and stay updated with its requirements. If You continue to use the Website following such a change, this is deemed as consent by You to the so amended policies by Us. As long as You comply with these Terms of Service, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.
1.13 If you do not agree to these Terms of Service, you should immediately cease all use of and access to the Website.
2. ACCESS AND USAGE RIGHTS OF USERS
2.1 For Non – Registered User:
2.1.1 A Non – Registered User is not permitted to access or make use of the Website for any purpose other than what is specifically permitted. A Non-Registered User is specifically permitted to:
18.104.22.168 To browse the Application without accessing any Services subject to such limitations and restrictions as are prescribed under the Agreement;
22.214.171.124 To share the Application via social media applications subject to such limitations and restrictions as are prescribed under the Agreement;
2.2 For Registered User:
2.2.1 A Registered User is not permitted to access or make use of the Application for any purpose other than what is specifically permitted. A Registered User is specifically permitted to:
126.96.36.199 Enjoy all the access and usage rights of an Unregistered User.
188.8.131.52 Access and use the Services subject to such limitations and restrictions as are prescribed under the Agreement or may be otherwise communicated to Registered User from time to time through any contact information shared by such user at the time of registration.
3. THE WEBSITE
3.1 Company is the author and publisher of the Website, and all variants, editions, add-ons, and ancillary products or services of the Website (including all files and images contained in or generated by the software, and accompanying data, together). The Website may be used by Users to avail Services and/or to find, access, manage and organise information including but not limited to personal or non-personal information, doctor/consultant information, appointments, prescriptions, laboratory and diagnostic tests, electronic medical records, billing, inventory, accounting details and other relevant information.
3.2 BY USING THE WEBSITE, AND/OR BY REGISTERING WITH US, YOU SIGNIFY THAT YOU AGREE TO THESE TERMS OF SERVICE.
3.3 Through the Website, Users upload their medical records and provide additional information or ask related questions by typing in the designated field on the platform and can be assured that such data shall remain confidential. Once the User has submitted and paid for the consultation, Our call centres shall coordinate for the fulfilment of the consultation. The Doctor will be provided with the User’s submission via email or through the platform as deemed fit. The Doctor will assess the reports and information submitted by the User (after considering information about the User such as but not limited to, age, gender, place and his symptoms) and shall present with a recommendation and answers to all questions. A patient report is created mentioning the necessary recommendation by Doctor, the answers provided by Doctor and other necessary medical information as deemed fit by Company. This patient report shall be sent to the User via email or the platform as deemed fit. This Website is also aimed at assisting doctors to wishing obtain more patients and wish to utilise the vast customer base the Website has. The doctor who wishes to enlist on the Website has to be verified before enlistment by providing proper documentation which shall be authenticated by the Company. Only upon authentication and approval (at Company’s discretion) shall a doctor be enlisted on the App/ Website.
4.1 The membership/usage of the Website, or Your Use of the Website is restricted to those above 18 years of age, or to such group that can be termed to have attained ‘majority’ under the laws of the respective jurisdictions where this Website can be seen and is accessible or to emancipated minors, who possess legal parental or guardian consent, or are in a position so as to be fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.
4.2 Membership cannot be availed of by those who are deemed Incompetent to Contract under the Indian Contract Act, 1872 subject to the aforementioned conditions.
4.3 Further, You are solely responsible for protecting the confidentiality of your username and password and any activity under the account will be deemed to have been done by You. In the case that You provide us with false and inaccurate details or the Company has reasonable reasons to believe You have done so, We hold the rights to suspend Your account and/or terminate this Agreement without being held liable for the same.
4.4 You understand the Website usage in your phone or tablet or laptop or personal computer is owned by Us and We may automatically upgrade the Website and these Terms shall apply to the upgrades as well.
5.2 You may also be contacted by Service Providers with whom We have entered into a contract in furtherance of Our rights, duties and obligations under other agreements, contracts and policies followed by Us. Such contact will be made only in pursuance of the respective contracts, agreements and/or policies.
6.1 The use of this Website is free of cost and this includes only the usage of certain services of the Website. You hereby understand that this no charge policy maybe amended at anytime in the discretion of the Company. However, in the event, You use the Website to obtain an expert’s opinion, You shall be required to pay for the consult.
7.1 The data and information available on the Website may be categorised as follows:
7.1.1 Data and information generated or provided by Unregistered Users and Registered Users on the Website (“User Content”)
7.1.2 Data and information which Company (through itself or its contractors) has generated or procured for the Website and includes data and information generated or provided by HSP and he content on the Website which includes all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, design documents, and artwork is Our content (“Company Content”);
8. USER CONTENT
8.2 Those posting any form of User content on the Website must verify the truthfulness and authenticity of the particulars of the content, including the time, place and nature. Before allowing such content to be posted on the Website, We have the right and authority to verify the accuracy of such particulars related to the content with the respective sources provided by the User posting such content, if We feel that there is a need to check such accuracy.
8.3 We have the right to upload content on behalf of third parties, subsequent to collecting such information and verifying it if we deem it necessary. Notwithstanding this, We can in no way be held liable for any false or misleading information.
8.4 In case any content is considered to be unlawful or against the law within any jurisdiction in which Our Website can be seen and accessed, it shall be removed forthwith by Us on being intimated by the authorities of the respective jurisdiction that such content is deemed unlawful. We cannot be held liable or questioned for the same.
8.5 You agree that You are the owner of all rights (including all intellectual property rights) in the User Content that You post on the Website or provide to Company.
8.6 To the extent permissible by law, You hereby grant Company a perpetual, non-revocable, worldwide, royalty-free license to make use of such User Content including the right to copy, distribute, display, reproduce, modify, adapt, the User Content, and create derivate works of the User Content.
9. DATA RECORDING, STORAGE, ENCRYPTION AND USAGE
9.1 The information stored on the Website may be entered by You or by HSPs in the course of services provided by Company. The information collected as part of the Services may be stored on Your mobile device as well as on a third party cloud platform (“Cloud Service Provider”) or server (“Storage Service Provider”).
9.2 All video-consultations / IM chat consultations / text messages / audios / videos / transcripts / prescriptions / email and hard copy correspondences between Users, who are patients, and HSPs engaged by Company shall be, but not always, recorded, saved and stored for record purposes and in the event such records are required to be produced as evidence on the direction of a court of law. Company may review this data from time to time for quality evaluation purposes. However, under normal circumstances, Company will not access any information that identifies You and shall either omit, mask or anonymise Your personal information at the time of quality evaluation.
9.3 It is hereby clarified that Company does not have the obligation to pre-screen or monitor User Content at any time. However, Company may elect to monitor any User Content and may modify or remove any User Content from the Website if Company determines in its sole discretion that such User Content is in violation of this Agreement or any applicable law and best practices. Where Company removes any User Content from the Website, Company will make reasonable efforts to inform the Registered User who had posted such User Content.
9.4 All User Content shall be recorded, saved and stored electronically on a secure cloud database/server managed by the Cloud Service Provider/ Storage Service Provider. Company shall take best efforts to ensure that the Cloud Service Provider/ Storage Service Provider uses appropriate levels of encryptions to protect data and takes all necessary precautions. Company will however not be responsible for any cyber data theft from its Website or the Cloud Service Provider’s/ Storage Service Provider’s databases.
9.5 Company shall maintain a detailed transaction & purchase history of Users online.
9.6 Company reserves the right to permanently delete User Content in case the User does not avail a Service for a period of three years.
10. THIRD PARTY INFORMATION
10.1 The Website may contain links to/ content of third party websites that are not associated with us. We have no control over any third party user generated content as We are merely an intermediary for the purposes of those content. In the event, if any of the Third Party Content infringes any Intellectual Property of any person, the Third Party shall be solely responsible for any loss caused and We shall not be liable. You may send as an email at firstname.lastname@example.org to report any such content.
10.2 Other than when expressly allowed, any use of Our Content and it being reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without Our express prior written consent is not allowed.
11. PATIENT EMERGENCIES
11.1 The Services are not a replacement to emergency services offered at hospitals and should not be accessed if the patient is in a critical condition. In case of emergency, please contact emergency services and/or visit the nearest hospital.
12. USER OBLIGATIONS
12.1 You are a restricted user of this Website.
12.2 You are bound not to cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or software obtained from the Website. With Our prior permission limited use may be allowed. 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 is not permitted. You shall not, nor allow third parties on Your behalf to (i) make and distribute copies of the Website (ii) attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the Website; or (iii) create derivative works of the Website of any kind whatsoever.
12.3 You agree not to access (or attempt to access) the Website and/or the materials or Services by any means other than through the interface that is provided by the Website. 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 or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website, 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. You acknowledge and agree that by accessing or using the Website or Services, You may be exposed to content from other users 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 by sending us an e-mail to Our official e-mail address.
12.4 This Website by nature allows you to upload information; You undertake to ensure that such material is in accordance with applicable laws. Further, You undertake not to:
12.4.1 Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;
12.4.2 Engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website);
12.4.3 Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
12.4.4 Publish, post, disseminate, any information which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, 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; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
12.4.5 Post any file that infringes the copyright, patent or trademark of other legal entities.
12.4.6 Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another’s computer;
12.4.7 Download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner;
12.4.8 Probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website, or any other customer of the Website, including any account not owned by You, to its source, or exploit the Website or Service or information made available or offered by or through the Website, 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;
12.4.9 Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Website or any affiliated or linked sites;
12.4.10 Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Section.
12.4.11 Use the Website or any material or Content for any purpose that is unlawful or prohibited by these Terms of Service, or to solicit the performance of any illegal activity or other activity which infringes the rights of this Website or other third parties;
12.4.12 Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
12.4.13 Violate any applicable laws or regulations for the time being in force within or outside India;
12.4.14 Violate the Terms of Service including but not limited to any applicable Additional Terms of the Website contained herein or elsewhere;
12.4.15 Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
12.4.16 Threaten 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 cognizable offence or prevents investigation of any offence or is insulting any other nation.
12.4.17 Publish, post, disseminate information that is false, inaccurate or misleading; violate any applicable laws or regulations for the time being in force in or outside India;
12.4.18 Directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
12.4.19 Create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider (“ISPs”) or other suppliers;
12.5 While We shall not be held liable or answerable to Users for any such acts on Your part, violation of this clause would lead to potential criminal legal action against You, either by other Users of the Website or by Us.
12.6 We can (and You hereby expressly authorize Us to) disclose any information about You to law enforcement or other government officials, as We, in Our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury. You understand that We have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena.
12.7 We have no obligation, to monitor the material posted on the Website. We shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Service. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE Website. In no event shall We assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Website. You hereby represent and warrant that You have all necessary rights in and to all Content which You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libellous, tortuous, or otherwise unlawful information.
13.1 You understand that the Website is a platform that Users utilize to obtain medical second opinion from licensed medical experts. Even though We take all the necessary steps to verify the authenticity of the doctors, You understand that We shall not be liable for any deficiencies including but not limited to misconduct, injury caused or lack of knowledge from the end of the doctor. We are not a party to such interaction and take no liability that arises from any such acts of the doctor.
13.2 Healthcare Services: All of the HSPs who deliver Services through Us are independent professionals solely responsible for the services each provides to you. We do not practice medicine or any other licensed profession, and does not interfere with the practice of medicine or any other licensed profession by Treating Providers, each of whom is responsible for his or her services and compliance with the requirements applicable to his or her profession and license. Neither Us nor any third parties who promote the Services or provide you with a link to the Service shall be liable for any professional advice you obtain from a Treating Provider via the Services.
13.3 Informed Consent: The Services you receive from HSPs through our platform are not intended to replace a primary care physician relationship or be your permanent medical home. You should seek emergency help or follow-up care when recommended by a Treating Provider or when otherwise needed, and continue to consult with your primary care physician and other healthcare professionals as recommended. Among the benefits of our Services are improved access to healthcare professionals and convenience. However, as with any health service, there are potential risks associated with the use of telehealth. These risks include, but may not be limited to:
13.3.1 In rare cases, information transmitted may not be sufficient (e.g. poor resolution of images) to allow for appropriate health care decision making by the Treating Provider;
13.3.2 Delays in evaluation or treatment could occur due to failures of the electronic equipment. If this happens, you may be contacted by phone or other means of communication.
13.3.3 In rare cases, a lack of access to all of your health records may result in judgment errors;
13.4 Although the electronic systems we use will incorporate network and software security protocols to protect the privacy and security of health information, in rare instances, security protocols could fail, causing a breach of privacy of personal health information.
13.5.1 Your Treating Provider may determine that the Services are not appropriate for some or all of your treatment needs, and accordingly may elect not to provide telehealth services to you through the Site. If you are experiencing a medical emergency, you should call the emergency ambulance number or go to the nearest emergency room.
13.5.2 All communication between the doctor and You is a separate transaction which includes without any limitation all warranties related to consult and after consult services related to consult. We do not have any control over such information and play no determinative role in the finalization of the same and hence do not stand liable for the outcomes of such communication.
13.5.3 We do not endorse any specific doctor on the Website nor place any guarantee as to its quality and value. Any such recommendations that are done, are done by other users and the Company does not verify or acknowledge the same.
13.5.4 Further We may suggest apt treatments or services in accordance with the your information within our knowledge but We do not guarantee any effectiveness or success upon using these services.
13.5.5 Subject to the above sub-clauses, a contract exists between the Doctor and You and as such any breach of contract and thus, any claim arising from such breach is the subject matter of the doctor and You alone and We are in no way a party to such breach or involved in any suit arising from the same breach.
13.5.6 Even though we authenticate and approve the doctor, You are expected to check the creditworthiness of the doctor and the genuineness of the skill. We are not liable for the same.
13.5.7 We are in no way liable for any deficiency of services that may arise including but not limited to cancellation of order due to any unavailability of the doctor.
13.5.8 We are not liable for the general conduct of the doctor and We shall not be liable for any unwarranted act performed by the doctor. You are advised to ensure your safety and the safety of your belongings.
13.5.9 The content on the Website is general in nature and summarized, and is provided for informational purposes only. The content of the Website and App, including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is for informational purposes only and does not constitute professional advice, or recommendations of any kind.
13.5.10 We do not assure any liability for the contents of any material provided on the Website. Reliance on any information provided by us, other visitors to the Website is solely at your own risk. We assume no liability or responsibility for damage or injury to persons or property arising from any use of any product, information, idea, or instruction contained in the materials provided to you. We reserve the right to change or discontinue, at any time, any aspect or feature of this Website.
13.5.11 You do hereby grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty- free, sub-licensable right to exercise the copyright, publicity, and database rights you have in Your information, in any media now known or not currently known, with respect to Your information to enable Us to use the information for the purpose of providing the Services.
13.5.12 You release and indemnify Us and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Website and specifically waive any claims that You may have in this behalf under any applicable law. Please note that there could be risks in dealing with underage persons or people acting under false pretence.
14. COMPLIANCE WITH LAWS
14.1 The User of the Website shall comply with all the applicable laws including without limitation to Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively for using Payment Facility and the website.
15. INFORMATION REGARDING HSP AND SERVICES
15.1 Information regarding HSP and Company Services is intended for general reference purposes only. Such information often changes frequently and may become out of date or inaccurate. You are encouraged to independently verify any such information You see on the Website with respect to a HSP that You seek to engage through the Website.
16. DISCLAIMER OF WARRANTIES AND LIABILITIES
16.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
16.2 THE WEBSITE, SERVICES AND OTHER MATERIALS ARE PROVIDED BY THIS WEBSITE IS ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT:
16.2.1 YOUR REQUIREMENTS WILL BE MET OR THAT SERVICES PROVIDED WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE;
16.2.2 MATERIALS, INFORMATION OBTAINED AND RESULTS WILL BE EFFECTIVE, ACCURATE OR RELIABLE;
16.2.3 ANY ERRORS OR DEFECTS IN THE WEBSITE, SERVICES OR OTHER MATERIALS WILL BE CORRECTED.
16.3 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL HAVE NO LIABILITY RELATED TO USER CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. WE ALSO DISCLAIM ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT.
16.4 THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS DONE ENTIRELY AT THEIR OWN DISCRETION AND RISK AND THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. WE ARE NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERROR LEADING TO AN INVALID COUPON. WE ACCEPT NO LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU WHETHER ON BEHALF OF ITSELF OR THIRD PARTIES.
16.5 WE SHALL NOT BE LIABLE FOR ANY THIRD PARTY PRODUCT OR SERVICES.
16.6 You understand that Company cannot guarantee that unauthorised third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
16.7 While Company carries out background checks and verifications on all HSPs, you understand and acknowledge that Company does not endorse, recommend, warrant or guarantee to qualifications, expertise, claims or background of any HSPs, or any service, advice, opinion, recommendation provided by HSPs. Nothing contained in these Terms, the Website or on any third party site shall be considered as an endorsement, recommendation, referral, verification, warranty or guarantee with respect to (a) any HSPs; (b) the Website or (c) any service, advice, opinion, recommendation made available via the Website or (d) the validity, accuracy, availability, completeness, safety, legality, quality or applicability of any information made available via the Website.
17. INDEMNIFICATION AND LIMITATION OF LIABILITY
17.2 IN NO EVENT SHALL WE, OR OUR OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT FORESEEABLE OR WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE WEBSITE, SERVICES OR MATERIALS.
17.3 THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
18.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
19. BREACHES OF THESE TERMS AND CONDITIONS
20. NO WAIVER
Our failure to insist upon or enforce your strict compliance with the Agreement will not constitute a waiver of any of our rights.
21. DISPUTE RESOLUTION
21.1 These Terms of Service will be governed by and construed in accordance with the laws of India without regard to its conflicts of law provisions. Any failure of the Website/ Company to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision. The section titles used in this Agreement are purely for convenience and carry with them no legal or contractual effect. In the event of termination of this Agreement for any reason, you agree the following provisions will survive: the provisions regarding limitations on your use of Content, the license(s) you have granted to the Website/Company, and all other provisions for which survival is equitable or appropriate.
21.3 All disputes involving but not limited to rights conferred, compensation, refunds, and other claims will be resolved through a two-step Alternate Dispute Resolution (“ADR”) mechanism. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
21.4 Mediation: In case of any dispute between the parties, the Parties will attempt to resolve the same amicably amongst themselves, to the mutual satisfaction of both Parties. In the event that the Parties are unable to reach such an amicable solution within thirty (30) days of one Party communicating the existence of a dispute to the other Party, the dispute will be resolved by arbitration, as detailed here in below;
21.4.1 Arbitration. In the event that the Parties are unable to amicably resolve a dispute by mediation, said dispute will be referred to arbitration by a sole arbitrator to be appointed by the Company, and the award passed by such sole arbitrator will be valid and binding on both Parties. The Parties shall bear their own costs for the proceedings, although the sole arbitrator may, in his/her sole discretion, direct either Party to bear the entire cost of the proceedings. The arbitration shall be conducted in English, and the seat of Arbitration shall be the city of Bangalore in the state of Karnataka, India.
21.5 The Parties expressly agree that the Terms, Policy and any other agreements entered into between the Parties are governed by the laws, rules and regulations of India, and that the Courts at Bangalore shall have exclusive jurisdiction over any disputes arising between the Parties.
22.1 We reserve the right to change these Terms of Service at any time in its discretion and to notify users of any such changes solely by changing this Terms of Service. Your continued use of the Website after the posting of any amended Terms of Service shall constitute your agreement to be bound by any such changes. Your use of this Website prior to the time this Terms of Service was posted will be governed according to the Terms of Service that applied at the time of your use.
22.2 We may modify, suspend, discontinue or restrict the use of any portion, including the availability of any portion of the Content at any time, without notice or liability. We may deny access to any person or user at any time for any reason. In addition, we may at any time transfer rights and obligations under this Agreement to any affiliate, subsidiary or business unit, or any of their affiliated companies or divisions, or any entity that acquires Us or any of their assets.
22.3 We hereby reserve the right to block usage of the Website if any breach of the Terms of Service is caused by a User. This can in no way be construed as a waiver of any legal right under Indian law to claims any damages or initiate any legal proceedings against the User.
23. SECOND OPINION SERVICE
23.1 The service provided is different from the diagnostic services typically provided by a physician. Our physicians providing this service will not have the benefit of information that would be obtained by examining you in person and observing your physical condition.
23.2 Therefore, the physician may not be aware of facts or information that would affect his or her opinion of your diagnosis. This is a limitation on the accuracy of his or her opinion. By deciding to engage this service, you acknowledge and agree that you are aware of this limitation and agree to assume the risk of this limitation.
23.3 A purpose of the Services provided through the Website is to give physicians and patients access to additional information which they may or may not choose to utilize in planning medical care. The provision of second opinions and the other Services provided through the Website are neither a substitute for primary care nor do they constitute the practice of medicine, and no physician-patient relationship is created by use of this Site. Further, the availability of Services varies by the patient’s condition and state of residence.
23.4 Only the patient, with input from his/her healthcare provider, primary care physician, and/or treating physician, can decide if the Services would be beneficial to their medical treatment. Ask your healthcare provider, primary care physician, and/or treating physician if your diagnosis and/or prescribed treatment protocol may benefit from the input of the Company’s consulting physicians. All evaluative observations provided through the Website are based on medical reports, records, test results, images, and/or other data provided directly by the patient to the Company, or otherwise obtained by the Company, and in no way are construed to be determinative of the treatment to be pursued by the treating physician. By deciding to engage the Services, you acknowledge and agree that you are aware of this limitation and agree to assume the risk of this limitation. Furthermore, you agree and accept that Your participation in this program will be considered to be an acceptance of the following: (i) the evaluation you will receive is limited and provisional; (ii) the second opinion is not intended to replace a full medical evaluation or an in-person visit with a physician; (iii) the medical professionals providing services through this Website do not have important information that is usually obtained through a physical examination;and (iv) the absence of a physical examination may affect the medical professional’s ability to evaluate your condition, disease or injury.
23.5 You also agree that the second opinion will not be used in any legal dispute including but not limited to litigation, arbitration, claim for disability benefits, claim for worker’s compensation and/or malpractice claims without the prior written consent of the Company.
23.6 All health and health-related information provided on this platform is intended to be general in nature and should not be used as a substitute to a visit a health care professional. The advice is intended to offer only a general basis for individuals to discuss their medical condition with their healthcare provider. Your healthcare provider should be consulted with regarding matters concerning the medical condition, treatment and needs of you and your family.
23.7 This service is NOT designed to handle medical emergencies. If this is a medical emergency, please immediately call your local emergency service number.
24. DISCLOSURE OF MEDICAL INFORMATION
The Company takes seriously the privacy of your medical records and personal information. Accordingly, we have taken all reasonable restrictions necessary to protect your confidentiality in accordance with all applicable laws. In addition, You authorize the Company and their respective physicians, employees, contractors, business associates and/or agents to access, review, research, analyze, discuss, send via electronic modes and copy your medical and personal information as may be necessary to provide the second opinion you request. The use of your medical information will not exceed this stated purpose, unless and until you authorize and direct such additional disclosure(s).
25. COUNSELLING THERAPY SERVICE
25.1 Counselling is a confidential process designed to help You address Your concerns, come to a greater understanding of Yourself, and learn effective personal and interpersonal coping strategies. Counselling involves sharing sensitive, personal, and private information that may at times be distressing. During the course of counselling, there may be periods of increased anxiety or confusion. Your therapist is available to support you throughout the counselling process.
25.2 CONFIDENTIALITY IN COUNSELLING THERAPY SERVICE
25.2.1 All interactions with Counselling Services, including scheduling of or attendance at appointments, content of your sessions, progress in counselling, and your records are confidential. No information would be used without your prior permission.
25.3 EXCEPTIONS TO CONFIDENTIALITY IN COUNSELLING THERAPY SERVICE
25.3.1 The counsellors work as a team. Your therapist may consult with other counsellor/supervisors to provide the best possible care. These consultations are for professional and training purposes.
25.3.2 If there is evidence of clear and imminent danger of harm to self and/or others, a therapist is legally required to report this information to the legal authorities. There will be disclosure of information, if required by law.
25.4.1 THE ADVICE OR INFORMATION PROVIDED BY EXPERTS VIA THE WEBSITE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND CANNOT BE CONSIDERED A SUBSTITUTE FOR EXAMINATION BY A DOCTOR OR OTHER MENTAL HEALTH PROFESSIONAL. YOU ARE ADVISED STRONGLY AGAINST RELYING SOLELY ON, OR MAKE DECISIONS BASED SOLELY ON ADVICE PROVIDED BY ANY HSPs.
25.4.2 You understand and agree that although HSPs may be a counsellor, therapist or other mental health professional. Company disclaims any and all liability for any consultation and therapy services rendered by HSPs to you through the Website. You further acknowledge and agree that You take full responsibility for the decision to access HSPs through the Website and to continue to interact with such individual(s), and that the role of Company is strictly limited to providing access to such HSPs to you.
25.4.3 USE OF THE SERVICES IS NOT FOR EMERGENCIES. IF YOU THINK YOU HAVE A MEDICAL OR MENTAL HEALTH EMERGENCY, OR IF AT ANY TIME YOU ARE CONCERNED ABOUT YOUR CARE OR TREATMENT, PLEASE GO TO THE NEAREST HOSPITAL OR HEALTH CARE PROVIDER.
25.4.4 THE WEBSITE IS NOT A SUICIDE HELPLINE PLATFORM. IF YOU ARE CONSIDERING OR CONTEMPLATING SUICIDE OR FEEL THAT YOU ARE A DANGER TO YOURSELF OR TO OTHERS, YOU MAY DISCONTINUE USE OF THE SERVICES IMMEDIATELY AT YOUR DISCRETION AND PLEASE NOTIFY APPROPRIATE LEGAL AUTHORITIES OR EMERGENCY MEDICAL PERSONNEL. IF YOU ARE THINKING ABOUT SUICIDE, IMMEDIATELY CALL A SUICIDE PREVENTION HELPLINE.
25.4.5 YOUR USE OF INFORMATION PROVIDED ON THE WEBSITE AND AVAILING OF SERVICES ON THE WEBSITE IS SOLELY AT YOUR OWN RISK. COMPANY IS NOT, AND WILL NOT IN ANY MANNER BE INVOLVED IN THE PRACTICE OF MEDICINE OR THE PROVISION OF MEDICAL CARE.
25.4.6 By continuing to book a counselling session through the Website, you have read and accepted the above information. You understand the risks and benefits of counselling, the nature and limits of confidentiality, and what is expected of You as a client of the Counselling services.
26. NO DOCTOR PATIENT RELATIONSHIP
26.1 No licensed medical professional/patient relationship is created by using information provided by or through the use of the site, links to other sites or any assistance we may provide to help you find an appropriate medical professional or specialist in any field.
26.3 You acknowledge that although some of the Content that is provided to You and/or 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 and/or Content does not create a medical professional/patient relationship, and does not constitute an opinion, medical advice, or diagnosis or treatment of any particular condition, but is provided to assist you with locating appropriate medical care from a qualified practitioner.
B. DOCTOR PARTNERSHIP AGREEMENT
1. Specialists will have to abide by the agreement sent to the Specialists on his/her email id by the Company. Specialists who successfully has signed up on the Website shall be considered to have accepted the agreement.
2. The Specialists are and shall be duly registered, licensed and qualified to practice medicine/ provide health care, wellness services, as per applicable laws/regulations/guidelines set out by competent authorities and the HSPs shall not be part of any arrangement which will prohibit him/her from practicing medicine within the territory of India. The Specialists shall at all times ensure that all the applicable laws that govern the Specialists shall be followed and utmost care shall be taken in terms of the consultation/ services being rendered.