Information Collected: We may collect the following information:
- Personal data of the User such as, but not limited to, name, age, date of birth, occupation and gender;
- The User's email and contact information and GPS based location;
- The User's racking information such as, but not limited to, the device ID, Google ID and Android ID;
- The User’s data sent across through the Website/App;
As a User of the Website/App, the User may provide information about himself / herself, User’s spouse or family, User's friends, and their health issues, gender, age, previous medication taken, previous medical conditions, allergies, etc.
External Links on the Website/App: The Website/App may include offers from Our vendors, advertisements, and hyperlinks to other websites, applications, content or resources. We have no control over such external links present in the Website/App, which are provided by persons or companies other than Us.
We may allow third parties / individuals to display advertisements when the User uses the Website/App.
Our Use of the User’s Personal Information: We are GDPR compliant and endevor to ensure compliance in our practice. The information provided by the User shall be used to contact the User when necessary. For more details about the nature of such communications, please refer to the ‘Communication’ clause at serial number 3 above. We use the User’s tracking information to help identify the User and to gather broad demographic information. The information is also used to customise the User’s experience of using the Website/App.
We may release the User’s Personal Information to third parties in order to comply with a Court Order or other similar legal processes, or when We believe, in good faith, that such disclosure is necessary to comply with the law or prevent imminent physical harm or financial loss or investigate or take action regarding illegal activities, suspected fraud, or violations of the terms and conditions of service / use set out in this agreement.
In case We are acquired by or merged with another company, We shall transfer the Personal Information disclosed by the User and Personal Information about the User to the company / firm We are acquired by or merge with. The information made available by Patients is displayed to the Experts and vice versa. The information collected from the Experts is displayed on the Website/App to enable a User to connect with the Expert of their choice.
Disclosure of The User's Personal Information to third parties: When the User uses the Website/App, We must provide a part of the User's Personal Information to third parties to give the User better services and for enhancement and visibility of the Website/App. However, We do not sell or rent individual customer names or other Personal Information to third parties except sharing of such information with Our alliance partners or vendors who are engaged by Us for providing various promotional and other benefits to our customers from time to time.
We may share Our data, including the User’s Personal Information, with Our parent and / or subsidiaries that are committed to serving the Users needs through use of the Website/App and related services, throughout the world.
We cooperate with law enforcement inquiries, as well as other third parties to enforce laws, such as: intellectual property rights, fraud and other rights. We can, and the User so authorise Us to, disclose the User’s Personal Information to law enforcement and other government officials as We, in Our sole discretion, believe necessary or appropriate, in connection with an investigation of fraud, intellectual property infringements, or other activity that is illegal or may expose Us / the User to any legal liability.
We gather data such as personally identifiable information and disclose such information in a non-personally identifiable manner to advertisers and other third parties for other marketing and promotional purposes. However, in these situations, We do not disclose to these entities any information that could be used to identify the User personally. We may use third-party advertising companies to serve advertisement on Our behalf. These companies may employ cookies and action tags (also known as single pixel gifs or web beacons) to measure advertising effectiveness. Any information that these third parties collect via cookies and action tags is completely anonymous.
USER OBLIGATIONS: The User is a restricted User of the Website/App under the following circumstances as mentioned below:
The User is 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/App. With Our prior permission, however, a limited use may be allowed. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website/App is not permitted. The User shall not, nor allow third parties on his / her behalf to:
- Make and distribute copies of the Website/App.
- Attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompiled, transfer, exchange or translate the Website/App;
- Create derivative works of the Website/App of any kind whatsoever.
The User agrees not to access (or attempt to access) the Website/App and / or the materials or services of the Website/App by any means other than through the interface that is provided by the Website/App. The use of deep link, robot, spider or other automatic devise, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website/App or content, or in any way reproduce or circumvent the navigational structure or presentation of the Website/App, 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/App. The User acknowledges and agrees that accessing or using the Website/App or services may expose the User to content from other Users that the User may consider offensive, indecent or otherwise objectionable. We disclaim all liabilities arising in relation to such offensive content on the Website/App. However, in such cases, the User may report such offensive content by sending Us an email at email@example.com.
The Website/App by nature allows the User to upload information. The User undertakes to ensure that such material is in accordance with applicable laws. Further, the User undertakes not to:
- Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;
- Engage in any activity that interferes with or disrupts access to the Website/App or the services (or the servers and networks which are connected to the Website/App);
- Impersonate any person or entity, or falsely state or otherwise misrepresent his / her affiliation with a person or entity;
- Publish, post, disseminate, any information which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, 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 Women (Prohibition) Act, 1986;
- Post any file that infringes the copyright, patent or trademark of other legal entities.
- Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website/App or another’s computer;
- Download any file posted by another User of a service that he / she knows, or reasonably should know, cannot be legally distributed in such manner;
- Probe, scan or test the vulnerability of the Website/App or any network connected to the Website/App, nor breach the security or authentication measures on the Website/App or any network connected to the Website/App. The User may not reverse look up, trace or seek to trace any information on any other User, of or visitor to, the Website/App, or any other customer of the Website/App, including any account not owned by the User to its source or exploit the Website/App or service or information made available or offered by or through the Website/App, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than the User’s own information, as provided for by the Website/App;
- Disrupt or interfere with the security of, or otherwise cause harm to, the Website/App, systems resources, accounts, passwords, servers or networks connected to or accessible through the Website/App or any affiliated or linked sites;
- Collect or store data about other Users in connection with the prohibited conduct and activities set forth in this section.
- Use the Website/App or any material or content for any purpose that is unlawful or prohibited by these terms and conditions of service / use, or to solicit the performance of any illegal activity or other activity which infringes the rights of this Website/App or other third parties;
- Violate any code of conduct or other guidelines, which may be applicable for or to any particular service;
- Violate any applicable laws or regulations for the time being in force within or outside United Kingdom;
- Violate the terms and conditions of service / use, including but not limited to, any applicable additional terms of the Website/App contained herein or elsewhere;
- Violate any code of conduct or other guidelines, which may applicable for or to any particular service;
- Threaten the unity, integrity, defence, security or sovereignty of UK, 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.
- 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 UK;
- 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.
Create liability for Us or cause Us to lose (in whole or in part) the services of are internet service provider ("ISPs") or other suppliers;
- While We shall not be held liable or answerable to anyone for any such acts on the User’s part, violation of this clause would lead to potential criminal legal action against such a User, either by other Users of the Website/App or by Us. We can (and the User hereby expressly authorises Us to) disclose any information about the User to law enforcement or other government official, as We, in Our sole discretion, believe necessary or appropriate or appropriate in connection with the investigation and/ or resolution of possible crimes, especially those that may involve personal injury. The User understands that We have the right at all times to disclose any information (including the identity of the persons providing information or material on the Website/App) 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.
- We have no obligation to monitor the material posted on the Website/App. We shall have the right to remove or edit any content that in its sole discretion violates or alleges to violate, any applicable law or either the spirit or letter of these terms and conditions of service / use. Notwithstanding this right, THE USER REMAINS SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS THE USER POST ON THE WEBSITE/APP. 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/App. The User hereby represents and warrants that he / she have all necessary rights in and to all content which he / she provides and all information it contains and that such content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortures, or otherwise unlawful information.
- CANCELLATION AND REFUND POLICY: In case of cancellation or non-confirmation of any appointment by Us due to any reasons, whether or not such a reason is attributable to the Expert, We will refund to the User the appointment / consultation charges, paid by the User using the payment method(s) provided for in the Website/App in booking such appointment, excluding the amount paid by the User towards the government taxes and transaction fees charged by any intermediary.
In case the User cancels his / her appointment, then the following shall apply:
|TIME BEFORE APPOINTMENT
|Up to 24 hours from the time of appointment
|| No Charges
Less than 24 hours from the time of Appointment 100% of the fee charged for appointment will be deducted/ no refund
LOCATION: Presently, We book appointments for video consultations as per the availability of the Experts chosen by the User as per his / her needs. We DO NOT book appointments for the direct consultation of the Expert as per the physical location of the User and as per the availability of the Experts in that particular locality or area or city.
DISCLAIMERS: THE USER/ Practitioners EXPRESSLY UNDERSTANDS AND AGREES THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
THE USER/ EXPERTs SHALL USE OUR SERVICES AT HIS / HER OWN RISK AND SUBJECT TO THE FOLLOWING DISCLAIMERS. WE ARE PROVIDING OUR SERVICES ON AN ‘AS IS’ BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND FREEDOM FROM COMPUTER VIRUS OR OTHER HARMFUL CODE. WE DO NOT WARRANT THAT ANY INFORMATION PROVIDED BY US IS ACCURATE, COMPLETE, OR USEFUL, THAT OUR SERVICES WILL BE OPERATIONAL, ERROR FREE, SECURE, OR SAFE, OR THAT OUR SERVICES FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS. WE DO NOT CONTROL, AND ARE NOT RESPONSIBLE FOR, CONTROLLING HOW OR WHEN THE USERS USE OUR SERVICES OR THE FEATURES, SERVICES, AND INTERFACES OUR SERVICES PROVIDE. WE ARE NOT RESPONSIBLE FOR AND ARE NOT OBLIGATED FOR AND ARE NOT OBLIGATED TO CONTROL THE ACTIONS OR INFORMATION (INCLUDING CONTENT) OF THE USERS OR OTHER THIRD PARTIES. THE USER RELEASES US, OUR SUBSIDIARIES, AFFILIATES, AND OUR AND THEIR DIRECTORS / PARTNERS, OFFICERS, EMPLOYEES AND AGENTS (TOGETHER) FROM ANY CLAIM, COMPLAINT, CAUSE OF ACTION, CONTROVERSY, OR DISPUTE (TOGETHER ‘CLAIM’) AND DAMAGES, KNOWN AND UNKNOWN, RELATING TO, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH ANY SUCH CLAIM THE USER HAS AGAINST ANY THIRD PARTIES. THE USER UNDERSTANDS AND AGREES THAT WE ARE NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERROR LEADING TO INVALID COUPON. WE ACCEPT NO LIABILITY FOR ANY ERROR OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO THE USER WHETHER ON BEHALF ITSELF OR THIRD PARTIES. WE SHALL NOT BE LIABLE FOR ANY THIRD PARTY PRODUCT OR SERVICES.
The User/Expert understands that the Website/App is a platform that Users utilise to book appointments for video or telephonic consultations as per the availability of the Experts chosen by the User as per his / her medical needs. Even though We take all necessary steps to verify the authenticity of the Experts, the User understands that We shall not be liable for any deficiencies including, but not limited to, misconduct, injury caused or lack of knowledge at the Expert’s end. We are not a party to such interaction and take no liability that arises from any such acts of the Expert.
WEBSITE/APP DOES NOT PRACTICE MEDICINE OR ANY OTHER LICENSED PROFESSION, AND DOES NOT INTERFERE WITH THE PRACTICE OF MEDICINE OR ANY OTHER PROFESSION UNDERTAKEN BY THE EXPERTS, EACH OF WHOM IS RESPONSIBLE FOR HIS OR HER SERVICES AND COMPLIANCE WITH REQUIREMENTS APPLICABLE TO HIS OR HER.
All the Experts who deliver services through the Website/App are independent professionals solely responsible for the services each provides to the User. THE WEBSITE/APP DOES NOT PRACTICE MEDICINE OR ANY OTHER LICENSED PROFESSION, AND DOES NOT INTERFERE WITH THE PRACTICE OF MEDICINE OR ANY OTHER PROFESSION UNDERTAKEN BY THE EXPERTS, EACH OF WHOM IS RESPONSIBLE FOR HIS OR HER SERVICES AND COMPLIANCE WITH REQUIREMENTS APPLICABLE TO HIS OR HER PROFESSION AND LICENSE. Neither the Website/App nor any third parties who promote the services or provide the User with a link to the services shall be liable for any professional advise the User obtains from Experts via such services.
FURTHER, THE USER UNDERSTANDS THAT BY SIGNING THESE TERMS AND CONDITIONS OF SERVICE / USE, THE USER ACKNOWLEDGED THAT THERE EXISTS NO PATIENT-EXPERT RELATIONSHIP BETWEEN THE USER AND THE WEBSITE/APP, AS WELL AS BETWEEN THE USER AND THE EXPERT ON PORTAL.
THIS INTERACTION BETWEEN EXPERT AND USER IN NO WAY SUBSTITUTES PHYSICAL OR IN PERSON CONSULTATION.
All communications between the Expert and the User are in the nature of separate transactions, which includes without any limitation all warranties related to consultation and post-consultation services related to the appointment. We do not have any control over such information and play no determinative role in the finalisation of the same and hence, do not stand liable for the outcomes of such communications.
We do not endorse any specific Expert on the Website/App nor place any guarantee as to the quality and value of such Experts. Any such recommendations made by other Users and / or the Website/App does not verify or acknowledge the same.
Further, We may suggest apt treatments or services in accordance with the information provided by the User within our knowledge, but We do not guarantee any effectiveness or success of using these services. Subject to above-stated condition, a contract exists between the Expert and the User and as such any breach of contract and thus, any claim arising from such breach, is the subject matter of the Expert and the User alone and We are in no way a party to such breach or involved in any suit arising from the same breach.
Even though We authenticate and approve the Experts, the User is expected to check the creditworthiness of the Expert and the genuineness of that Expert’s skill. We are not liable for the same. We are in no way liable for any deficiency of services that may subsequently arise.
We are not liable for the general conduct of the Expert and We shall not be liable for any unwarranted act performed by the Expert. The User is advised to ensure his / her safety.
The content on the Website/App is general in nature and summarised, and is provided for informational purpose only. The content of the Website/App, including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals, does not constitute professional advice, or recommendation of any kind.
We do not assure any liability for the contents of any material provided on the Website/App through advertisements by the third parties. Reliance on any information provided by Us, other visitors to the Website/App or by the third parties through advertisement is solely at the User’s 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 materials provided to the User. We reserve the right to change or discontinue, at any time, any aspect or feature of the Website/App. The User do hereby grants Us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights he / she has in his / her information, in any media now known or not currently known, with respect to his / her information to enable Us to use the information for the purpose of providing the Services.
The User release and indemnify Us and / or any of our officers and representative from any cost, damage, liability or other consequence of any kind of the actions of other Users of the Website/App and specifically waive any claims that the User may have in this regard under any applicable law. Please note that there could be risks in dealing with underage persons or people acting under false pretence.
INDEMNIFICATION AND LIMITATION OF LIABILITY: THE USER AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE WEBSITE/APP INCLUDING BUT NOT LIMITED TO ITS AFFILIATE VENDORS, AGENTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL LOSSES, LIABILITIES, CLAIMS, DAMAGES, DEMANDS, COSTS AND EXPENSES (INCLUDING LEGAL FEES AND DISBURSEMENTS IN CONNECTION THEREWITH AND INTEREST CHARGEABLE THEREON) ASSERTED AGAINST OR INCURRED BY US THAT ARISE OUT OF, RESULT FROM, OR MAY BE PAYABLE BY VIRTUE OF, ANY BREACH OR NON-PERFORMANCE OF ANY REPRESENTATION, WARRANTY, COVENANT OR AGREEMENT MADE OR OBLIGATION TO BE PERFORMED BY THE USER PURSUANT TO THESE TERMS AND CONDITIONS OF SERVICE / USE. THE USER AGREES TO HOLD US HARMLESS AGAINST ANY CLAIMS MADE BY ANY THIRD PARTY DUE TO, OR ARISING OUT OF, OR IN CONNECTION WITH, THE USER’S USE OF THE WEBSITE/APP, ANY CLAIM THAT THE USER’S MATERIAL CAUSED DAMAGE TO A THIRD PARTY, THE USER’S VIOLATION OF THE TERMS AND CONDITIONS OF SERVICE / USE, OR THE USER’S VIOLATION OF ANY RIGHTS OF ANOTHER, INCLUDING ANY INTELLECTUAL PROPERTY RIGHTS. IN NO EVENT SHALL WE, OR OUR OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS OR SUPPLIERS BE LIABLE TO THE USER 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 THE USER’S USE OF OR ACCESS TO THE WEBSITE, SERVICES OR MATERIALS. THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLIES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
SEVERABILITY If a provision of these terms and conditions of service / use 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 only, and the rest of the provision will continue in effect.
VIOLATION / BREACH OF THESE TERMS AND CONDITIONS OF SERVICE / USE: Without prejudice to Our other rights under these terms and conditions of service / use, the User’s rights under the agreement may automatically terminate without notice if the User fail to comply with its terms. If the User do not comply with the terms and conditions of service / use, We have the right to take any action We deem appropriate. We may terminate the agreement or restrict, suspend or terminate the User’s access to the Website/App or the User’s use of the service at Our discretion without notice at any time and / or bringing court proceedings against the User, including if We determine that the User's use violates the agreement, is improper, substantially exceeds or differs from normal use by other Users, or otherwise involves fraud or misuse of the service or harms our interests or those of another User of the service or of a third party.
NO WAIVER: Our failure to insist upon or enforce the User’s strict compliance with the agreement will not constitute a waiver of any of Our rights.
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.
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, who shall be appointed by the Website/App, 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 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 UK, and that the Courts at Amritsar shall have exclusive jurisdiction over any disputes arising between the parties.
MISCELLANEOUS: We reserve the right to change these terms and conditions of service / use at any time in its discretion and to notify users of any such changes solely by changing this terms and conditions of service / use. The User’s continued use of the Website/App after the posting of any amended terms and conditions of service / use shall constitute the User’s agreement to be bound by any such changes. The User’s use of this Website/App prior to the time this terms and conditions of service / use were posted will be governed according to the terms and conditions of service / use that applied at the time of the User’s use. 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. We hereby reserve the right to block usage of the Website/App if any breach of the terms and conditions of service / use is caused by the User. This can in no way be construed as a waiver of any legal right under UK law to claims any damages or initiate any legal proceedings against the User.