Your access or use of the Platform creates a binding and enforceable legal agreement between You and the Company and signifies your understanding, acceptance and consent to be bound by the terms and conditions contained in the Platform Policies.
We reserve the right to modify or terminate any portion of the Agreement for any reason and at any time, and such modifications shall be informed to you in writing You should read the Agreement at regular intervals. Your use of the Platform following any such modification constitutes your agreement to follow and be bound by the Agreement so modified.
The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but not limited to:
i. the Indian Contract Act, 1872,
ii. the (Indian) Information Technology Act, 2000,
iii. 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”), and
iv. the Consumer Protection (E-Commerce Guidelines) Rules, 2020.
The Platform facilitates web-based teleconsultations between homeopathic practitioners, physiotherapists, dieticians and nutritionists, and yoga instructors (“HCPs”) and You, the patient or a person authorised to seeking medical and healthcare advice on behalf of the patient.
The Platform provides end-to-end services to facilitate such consultations, including the verification of the HCPs credentials, listing the HCPs and their relevant information, enabling You to select an HCP based on Your requirements, mechanisms to book an appointment, the technical infrastructure for a secure appointment, facilities required to securely share information and medical records, e-prescriptions, dispensation of customized medications as prescribed by a registered homeopathic practitioner, digital payment facilities, and access to archives of Your medical records.
THE PLATFORM SHOULD NOT BE USED IN CASES OF MEDICAL EMERGENCIES AND SHOULD NOT, UNDER ANY CIRCUMSTANCE, BE CONSIDERED IN ANY FORM TO BE A SUBSTITUTE FOR A DOCTOR OR A HOSPITAL.
We may from time to time add a new service to the Services, substitute a new service for one of the existing Services, or discontinue or suspend one of the existing Services. Information about the new services will be included on the Platform, and the users of new services will be governed by this Agreement. You agree that the Company will not be liable to you or any third party for any suspension or discontinuation of any of the Services.
NO DOCTOR-PATIENT RELATIONSHIP
The Platform is not involved in providing any healthcare or medical advice or diagnosis and hence is not responsible for any outcome between you and the HCP or HCPs you engage with.
You understand and agree that any interactions and associated issues with the HCPs on the Platform, including but not limited to the medical outcomes and service issues, is strictly between you and the HCP. You shall not hold the Company responsible for any such interactions and associated issues.
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 Platform (including information provided in direct response to your questions or postings) may be provided by HCPs. The provision of such Information does not create a doctor-patient relationship between the Company and You. Such Information does not constitute an opinion, medical advice, or diagnosis or treatment of any particular condition, but is only provided to assist you with locating appropriate advice from a qualified HCP.
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 Platform. 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.
REGISTRATION ON THE PLATFORM
If You wish to schedule an appointment for a third-party through your account, you may do so. While this is permitted, You hereby warrant that You have the authority to be scheduling such appointment and sharing the requisite information for the same. Furthermore, note that You will be solely responsible for all activity that is undertaken through Your account, irrespective of whether it was initiated by You or a third-party.
The Company is not obligated to allow You unconditional access to the Platform or Services. The Company reserves the right to block or terminate Your account upon receiving complaints from HCPs, other users, or any other person, or if You are found to violate the Platform Policies, or if the Company determines it necessary to deny access to You for any reason whatsoever.
SELECTING AN HCP
The Platform contains a directory of HCPs and their relevant information, such as name, educational qualifications, registration number (if applicable), experience level, areas of expertise, etc. The Platform may provide filters that allow You to view HCPs based on certain criteria. The results from such filter are computer-generated, and should not be viewed as a recommendation or endorsement of the HCP by the Platform. You are required to exercise judgment while determining which HCP is best suited for Your needs. The Company shall not be liable or responsible for the appropriateness of the HCP that You select.
Information regarding HCPs and practice information found on the Platform is intended for general reference purposes only. While it is verified at the time of onboarding the HCP, such information may change frequently and become outdated or inaccurate. You are encouraged to independently verify any such information you see on the Platform with respect to an HCP that you seek to make an appointment with.
To avail of the paid Services on the Platform, You hereby agree to pay the amount that is determined by the Platform. Please note that, while the Platform collects the amount due to the HCP, this shall not be interpreted to mean that the Platform is acting as a HCP and providing the consultation.
The amount payable will be displayed prior to initiating the payment process. The Platform offers the following modes of payment: NetBanking, Credit Card, Debit Card, Unified Payment Interface, and digital wallets such as PhonePe, Mobikwik, Freecharge, Airtel Money, Ola Money, Jio Money, PayZapp & SBI Buddy. You hereby acknowledge and agree that, upon selecting a payment method, You will be bound by the payment facilitator’s terms in addition to the Platform’s. Upon successfully making a payment, an invoice will be generated and sent to you via email.
If, for any reason whatsoever, you wish to initiate a refund, please write to the Grievance Officer named below with the details of your complaint and your payment reference number.
RESCHEDULING AND CANCELLATION FEES
In the event that You wish to reschedule or cancel an appointment, a fee may be levied as follows:
Over 48 hours before the scheduled appointment time: No fees shall be levied for rescheduling or cancellation. If You have pre-paid for the consultation, the entire amount will be re-directed towards the rescheduled appointment, or if You elect to cancel an appointment, such amount will be refunded to the original mode of payment used while booking the appointment.
Between 48 and 24 hours before the scheduled appointment: An amount equal to twenty-five percent of the consultation fee will be levied for cancelling the appointment, No charge for rescheduling an appointment. If You have pre-paid for the consultation, the applicable fee will be deducted and the remaining amount will either be re-directed or refunded to the original mode of payment, as applicable.
Less than 24 hours before the scheduled appointment: An amount equal to fifty per cent of the consultation fee will be levied as fee for cancelling or rescheduling the appointment. If You have pre-paid for the consultation, the applicable fee will be deducted and the remaining amount will either be re-directed or refunded to the original mode of payment, as applicable.
Note that the fee levied is to compensate the HCP with whom You had scheduled an appointment, and is not a Platform-imposed fee.
COMPOUNDING AND DISPENSING OF MEDICINES
The Platform facilitate Registered Homeopathic Practitioners (RHP) to prescribe medicines as they ascertain necessary in the course of the teleconsultation. Whenever possible, the RHP will provide You with option the option to either purchase the medicine from a local pharmacy, or to obtain the medication from Dr. Sankaran Online Homeopathy /the RHP [Dr. Sankaran’s Clininc, Juhu]. The medicine will be compounded in accordance with be specially compounded as per Your prescription, and will be dispatched via a courier service, and You will be provided with the tracking information at the earliest. You hereby acknowledge and agree that there are inherent risks involved with the transit of medications via courier. While the Company/RHP will take all commercially reasonable efforts to prevent any foreseeable damage to the medication, the Company shall not be responsible for any delay, loss, damage, deterioration in quality, or other undesirable effect as a result of the transit.
The Company may, but is not obligated to, send You information regarding scheduled appointments, modifications to Service offerings, educational material, promotional offers, etc. You may elect to unsubscribe from such communications at any time.
THIRD PARTY SERVICES
You understand that third party services may be made available by the Company over the Platform. For example, payments are facilitated through third party services. Please note that in the event you choose to avail any such third party services that are made available on the Platform, you will be absolutely and solely responsible for your interactions with such third party service providers. The Company shall not be held responsible for any lapses, shortcomings or deficiency of services by such third party service providers to you. The Company hereby declares that it does not endorse the services of any third party service providers that are made available on the Platform.
LINKS TO OTHER SITES
The Platform may include links to other websites, including links provided as automated search results. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. We do not endorse these sites or the products and services they provide. You acknowledge and agree that the Company shall not be responsible or liable for the content or accuracy of third party sites.
You may not use contact information provided by our users or listed HCPs, or harvest such information for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications such as SPAM. You may not allow others to use your account to violate the terms of this section. We may terminate your membership or access to the Platform immediately and take other legal action if you or anyone using your account violates these provisions.
CONTENT YOU POST OR SUBMIT
You may be given the opportunity to submit feedback regarding your experiences with doctors who are featured on the Platform, to submit inquiries concerning possible medical needs and to participate in the other interactive and community features of the Platform (collectively “Posted Information”). In addition:
• You are solely responsible for any Posted Information that you submit, publish or display on the Platform or transmit to other members and/or other users of the Platform.
• You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. You may not submit any content or material that infringes, misappropriates or violates the intellectual property, publicity, privacy or other rights of any party.
• You may not provide any Posted Information that falsely expresses or implies that such content or material is sponsored or endorsed by the Platform.
• You may not provide any Posted Information that is unlawful or that promotes or encourages illegal activity.
• You agree that you will only provide Posted Information that you believe to be true and you will not purposely provide false or misleading information.
• By posting Posted Information on the Platform, you agree to and hereby do grant, and you represent and warrant that you have the right to grant, the Company, its assigns, its contractors, and the users of the Platform an irrevocable, perpetual, royalty-free, fully sublicensable, fully paid up, worldwide license to use, copy, publicly perform, digitally perform, publicly display, and distribute such Posted Information and to adapt, edit, translate, prepare derivative works of, or incorporate into other works, such Posted Information. This license is non-exclusive, except you agree that the Company shall have the exclusive right to practice this license to the extent of combining your Posted Content with the Posted Information of other Platform users for purposes of constructing or populating a searchable database of reviews and information related to the health care industry.
You hereby agree that you will not host, display, upload, modify, publish, transmit, update or share any information that —
• belongs to another person and over which you do not have sufficient legal rights;
• is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;
• harms minors in any way;
• infringes any patent, trademark, copyright or other proprietary right(s) violates any law for the time being in force;
• deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
• impersonates another person;
• contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
• 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 cognizable offence or prevents investigation of any offence or is insulting to any other nation.
The following is a partial list of the kind of content and communications that are illegal or prohibited on/through the Platform. The Company reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Services and terminating the membership of such violators or blocking your use of the Services and/or the Platform. You may not post content that:
• is false or intentionally misleading;
• harasses or advocates harassment of another person;
• involves the transmission of unsolicited mass mailing or “spamming”;
• violates the intellectual property or other rights of any person;
• is threatening, obscene, defamatory or libelous; or
• is pornographic or sexually explicit in nature.
YOUR USE OF CONTENT
Except for Posted Information that you or any member of the Platform submits, all of the information available on or through the Services and/or the Platform, including without limitation, text, photographs, graphics and video and audio content, is owned by us and our licensors and is protected by copyright, trademark, patent, and trade secret laws, other proprietary rights, and international treaties. You acknowledge that the Services and any underlying technology or software used in connection with the Services contain the Platform’s proprietary information. The Company gives you permission to use the aforementioned content for personal, non-commercial purposes only and do not transfer any intellectual property rights to you by virtue of permitting your use of the Services. You may print, download, and store information from the Platform for your own convenience, but you may not copy, distribute, republish (except as permitted in this paragraph), sell, or exploit any of the content, or exploit the Platform in whole or in part, for any commercial gain or purpose whatsoever. Except as is expressly and unambiguously provided herein, the Company and its suppliers do not grant you any express or implied rights, and all rights in the Platform and the Services not expressly granted by the Company to you are retained by the Company.
LIMITATION OF LIABILITY
To the fullest extent permitted by law, in no event will the Company or its contractors or agents (including HCPs and RHPs) or any of their directors, officers, employees, agents or content or service providers (collectively, the “Protected Entities”) be liable for any direct, indirect, special, incidental, punitive, exemplary or consequential damages (including, without limitation, loss of business, revenue, profits, goodwill) arising from, or directly or indirectly related to, the use of, reliance on, or the inability to use or rely on, the Platform or the Services, materials and functions related thereto whether or not the Company has been warned of the possibility of such damages or could have reasonably foreseen such damages.
In no event shall the total aggregate liability of the Protected Entities towards you for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from the terms and conditions your use of the Platform exceed, in the aggregate, Rupees Two Thousand (INR 2000) or the amount of payment against Services that has been directly received by the Company from you in the past three months, whichever is lower.
You hereby agree to indemnify, defend, and hold the Platform, the Platform’s distributors, agents, contractors (including HCPs and RHPs), representatives and other authorized users, and each of the foregoing entities’ respective resellers, distributors, service providers and suppliers, and all of the foregoing entities’ respective officers, directors, owners, employees, agents, representatives, harmless from and against any and all losses, damages, liabilities and costs arising from (i) Your use of the Platform or Services (ii) Your breach of terms, conditions or provisions of this Agreement and (iii) any negligent or intentional wrongdoing on your part
APPLICABLE LAW, JURISDICTION OF COURTS AND DISPUTE RESOLUTION
This Agreement shall be governed by and be interpreted in accordance with the laws of India. The competent courts of Mumbai, Maharashtra shall have jurisdiction to adjudicate and grant urgent interim reliefs to the Parties.
The Parties shall have the right to apply to a court of competent jurisdiction to obtain interim injunctive relief in respect of any dispute, pending resolution of such dispute in accordance with this Agreement.
Severability: If any provision of this 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 the 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.
Notices: All notices and other communications required or permitted hereunder to be given to a Party shall be in writing, in the English language, and shall be sent by e-mail, or mailed by prepaid internationally-recognized courier or otherwise delivered by hand or by messenger, addressed to such Party’s address as set forth below or at such other address as the Party shall have furnished to the other Party in writing in accordance with this provision:
If to the Company:
G-3, GROUND FLOOR, WING 1, SILVER BEACH HAVEN CO-OP. HSG. SOCIETY LTD, JUHU TARA ROAD, VILE PARLE (WEST)
If to you: at the email address provided by you to us on registration.
Waiver: No term of the Agreement shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented. Any consent by any Party to, or waiver of a breach by the other, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
Complete Understanding: The Agreement contains the entire understanding of the Parties, and there are no other written or oral understandings or promises between the Parties with respect to the subject matter of the Agreement other than those contained or referenced in the Agreement.
Force Majeure (Act of God): The Company shall not be liable for any downtime or delay or unavailability of the Application caused by circumstances beyond the Company’s reasonable control, including without limitation, acts of God, epidemics and pandemics, acts of government, floods, fires, earthquakes, civil unrest, acts of terror, strikes or other labour problems, internet service provider failures or delays, or denial of service attacks.
Advertisement: The Company shall have the right to place advertisements and publicity materials of its choice, including that pertaining to parties other than itself for commercial use through electronic means on the Platform. These advertisements are algorithmically placed on the Platform, and should not be construed as an endorsement or recommendation by the Company.
Assignment: You may not assign or sub-license, without the prior written consent of the Company, the rights, duties or obligations under this Agreement, in whole or in part, to any person or entity.
Survival: Even after termination, the provisions of the Agreement with respect to limitation of liability, indemnity, intellectual property, dispute resolution will continue and survive termination.
For any queries, guidance, or difficulties You may be facing regarding the Platform, the Service, payment methods, tracking-related information, etc, please reach out to our customer service team at email@example.com
If you have any such grievances, please write to our Grievance Officer, Prateek Jaiswal, and our Senior Mr. Haresh Shah at firstname.lastname@example.org and our officer will attempt to resolve Your issues in a timely manner.