TERMS OF USE

GENERAL TERMS:

This Terms of Use (“Terms”) is drafted in conformity with the Information Technology (Intermediary Guidelines) Rules, 2011 specified under the Information Technology Act, 2000 in order to regulate the terms and conditions of usage and access to the Online Platform and the Services (defined hereinafter). These terms create a binding Agreement between the Company and its users and no physical or digital signature is necessitated in order to validate this Agreement.

M/s. Quickcare Medical Solutions Private Limited (hereinafter referred to as “Company”, “We”, “Us” or “Our”) is a company registered under the Companies Act, 2013 which provides for and facilitates through their online portal www.quickcarehealth.com (hereinafter referred to as “Online Platform”);

connecting various Doctors (including General Physicians, Specialists, Super Specialists) (hereinafter referred to as “Doctors”), clinical, para- clinical and non-clinical healthcare personnel (hereinafter Doctors, clinical, para- clinical and non-clinical healthcare personnel collectively referred to as “Healthcare Personnel”) with the potential patients for providing services at patient’s home (hereinafter referred to as “Patients”, “Users”, “You”, “Your”),
Nursing services to the Patients at home (hereinafter referred to as “Nurses”)
provision of acute care services by third party hospitals at home (hereinafter referred to as “Healthcare Entities”)
purchase of pharmaceutical products from third party pharmacies;
availing diagnostic services from third party diagnostic centers;
availing medical equipment from independent medical equipment manufacturing companies or their vendors;
availing ambulance services from third parties; and
availing insurance services from third party insurance companies (hereinafter, all the third party service providers collectively referred to as “Service Providers”). The motive is to provide IT based platform for home care services which include clinical and non-clinical services. The Company also provides and facilitates providing elderly guardian services (assisted living), geriatric counselling, palliative care services (end of life services), psychiatric counselling to the Patients/Users at home through Healthcare Personnel, Healthcare Entities, Nurses and Service Providers and the Services further include quick discharge and post hospitalization services to the Patients (hereinafter collectively referred to as “Services”). The Company acts as facilitator to connect the Patients with the Healthcare Personnel, Healthcare Entities, Nurses and the Service Providers to provide the Services.

The Company reserves the right to modify and amend the Terms at its sole discretion at any time without any prior notice. It is Your responsibility to review the modifications and the amendments made. The Company may from time to time formulate new policies for utilizing all or any of the Services. The present version of the Terms will override all the previous versions. Your continuance of availing of the Services after the aforementioned modification constitutes Your acceptance to the Terms and You shall be bound by the most recent version of the Terms. If the Policies (recent version) are not acceptable by You, You have the sole and the absolute right to terminate Your Account by giving us a prior written notice via email at [email protected]

The Services provided through this Online Platform shall be made available to Patients who have agreed to these Terms and have created an Account on the Online Platform and such Services are subject to the following terms and conditions, which are constantly administered at regular intervals.

You agree and acknowledge that the Online Platform connects You with the Healthcare Personnel, Healthcare Entities, Nurses and Service Providers to avail the Services and the Company is not liable in any manner for any transaction between You and the Healthcare Personnel and/or Healthcare Entities and/or Service Providers and/or Nurses.

GENERAL REGISTRATION REQUIREMENTS:

We believe in providing a simple and easy access to our Services. In order to avail the Services, You will have to register and create an account on the Online Platform (“Account”) by providing the information as per the requirement. The Terms apply to every User who uses or accesses the Services of the Company. It also applies to any legal entity which may be represented by You under actual or apparent authority.
You acknowledge that by clicking “Register” or any other similar term, You are entering into a legally binding agreement to use the Services and this shall continue to be binding until You continue to access and use the Online Platform.
Once the Account has been created, the Company shall allow the Healthcare Entities, Healthcare Personnel, Nurses, Service Providers and the Users to access the Accounts to provide and avail the Services.
While creating the Account, it is mandatory that You provide Us with correct, complete, updated, precise and accurate information.
You, hereby, consent to receive all communications from the Company by SMS and Emails or any other mode of communication as may be deemed fit by the Company.
You can also delete or choose to unregister Your Account by writing an email to Us at [email protected]

SUBSCRIBER ACCOUNT, PASSWORD AND SECURITY:

You are solely responsible for maintaining the confidentiality of Your password and Account information and for all the activities that occur under Your Account. You agree to:

Immediately notify the Company of any unauthorized use of Your Account or any other breach of security; and
Ensure that You would sign out promptly after using or visiting the Account. The Company will not be responsible for any damage or loss resulting from non-compliance with these conditions.
You shall be held responsible for any losses incurred by the Company or any third party user due to unauthorized use of Your Account which is a consequence of the user's inability to secure his / her Account.

THE COMPANY AND THE THIRD PARTIES:

You acknowledge and agree that the Company is only an intermediary between the Users, Service Providers, Nurses and the Healthcare Entities, where the Company’s role is limited to connect the Users and Healthcare Personnel ,Nurses, Service Providers and the Healthcare Entities through its Online Platform and is neither a medical practitioner nor a pharmaceutical company or medicine provider, and therefore, the Company cannot be a party to or have control in any litigation between the Healthcare Entities, Nurses, Service Providers, Healthcare Personnel and the Users of the Online Platform.

Your use and availing of Services from the Online Platform is solely at Your own discretion, risk and cost. You understand and agree that any interactions and associated issues with the other Healthcare Entities, Nurses, Healthcare Personnel and Service Providers on the Online Platform, should not involve the Company. You expressly acknowledge that the Company neither renders any healthcare services nor facilitates the same and does not provide any opinion, consultation or advisory services on the same and hence it is not responsible for any outcome of the Services availed by the Users from the Healthcare Entities/ Nurses/ Healthcare Personnel /Service providers. You agree that the Company, being only an intermediary connecting the Users, is not responsible and is not obligated to resolve any disputes which may arise out of the course of this Agreement.

In order to provide Services to You, the Company may use a third-party software. If You try to separate the third party software from the Online Platform and then further use it in any manner, which is inconsistent with the manner as enumerated in the third party software’s terms of use, which is illegal or against public policy then You will be liable for the same according to the governing law and jurisdiction as mentioned in their respective terms of use and privacy policy. You also agree to indemnify the Company to the full extent for the said acts subject to the applicable laws.

THIRD PARTY WEBSITES:

The Services may entail links to third party websites / applications that are neither controlled nor owned by the Company. The Company has no control over the content on such websites and therefore devolves itself of all the responsibilities for the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and miscellaneous materials you may come across / access through, or contribute to the service and the privacy policies, terms of service or practices of any third party websites / applications. Further, the Company is not authorized to edit any third party’s content. By using and accessing the Services provided on the website of the Company, You relieve the Company from any liability that may arise from the use of such third party website. It is Your sole responsibility to read the terms and conditions which are provided on the third party website that You visit. Further, the availability of these links on the Online Platform does not imply any recommendations or endorse any of the views within them.

ERRORS AND INACCURACIES:

The Company on the Online Platform strives to provide up to date and accurate information. The Online Platform may contain certain errors, mistakes, inaccuracies, discrepancies or omission or certain information might not be complete or current. The Company reserves the right to rectify these errors, inaccuracies, discrepancies or omissions and change and update the information so provided without providing any prior notice.

ADDITIONAL TERMS FOR USERS:

The Company does not take any responsibility for any decisions made or any consequences of the decisions made, which would have an adverse effect either on the Users or the Healthcare Entities or Nurses or the Healthcare Personnel or the Service Providers due to the information so provided on the Online Platform. The Online Platform displays the information provided to the Company only in good faith.
Your use of the Online Platform for the Services i.e. to find Healthcare Personnel and/or Nurses, fix appointments with them and avail the medical services provided by them is at your own discretion, risk and cost. The Company does not verify the credentials of such Healthcare Personnel, Nurses, Healthcare Entities or Service Providers or medical practitioners, whose details are provided on the Online Platform, and takes no responsibility for the advice or medical services provided by such Healthcare Personnel or medical practitioners. The Company is not affiliated to, does not recommend or endorse any medical practitioner or Healthcare Personnel /Healthcare Entities /Nurses/Service Providers and the enlistment of such Healthcare Personnel /Healthcare Entities/ Nurses/Service Providers on the Online Platform, do not amount to any recommendation or endorsement of such Healthcare Personnel /Healthcare Entities/ Nurses/Service Providers or medical practitioner. The use of the Online Platform to fix an appointment with any medical practitioner, Healthcare Personnel / Healthcare Entities/ Nurses / Service Providers is merely to facilitate your health experience. You understand and agree that any interactions and associated issues with the Healthcare Personnel / Healthcare Entities/ Nurses / Service Providers on the Online Platform including but not limited to the medical outcomes and service issues, is strictly between you and the Service Providers/ Healthcare Personnel /Healthcare Entities/ Nurses. You shall not hold the Company responsible for any such interactions and associated issues. If you decide to engage with a Service Providers/ Healthcare Personnel /Healthcare Entities/ Nurses to provide Services, you do so at your own risk. The Company shall not be responsible for any breach of service or service deficiency by Service Providers/ Healthcare Personnel /Healthcare Entities/ Nurses, although the Company may at its discretion try to mediate between the Users and the Service Providers to resolve the dispute. We cannot guarantee the ability or intent of the Service Providers/ Healthcare Personnel /Healthcare Entities/ Nurses to fulfill their obligations in any transaction. The Company shall not be liable for any advice or service provided by any Service Providers/ Healthcare Personnel /Healthcare Entities/ Nurses irrespective of whether the appointment with such Service Providers/ Healthcare Personnel /Healthcare Entities/ Nurses has been set up through the Online Platform. We advise you to perform your own investigation prior to selecting Service Providers/ Healthcare Personnel /Healthcare Entities/ Nurses.
The Company shall not be responsible if the User does not promptly follow the treatment procedure and protocols being provided by the Healthcare Entities, Healthcare Personnel, Nurses and the Service Providers. The Users shall strictly follow the treatment protocols and the recommendations of the Healthcare Personnel, Healthcare Entities, Nurses and the Service Providers.
The Company shall not be responsible if the User does not promptly follow the treatment procedure and protocols being provided by the Healthcare Entities, Healthcare Personnel, Nurses and the Service Providers. The Users shall strictly follow the treatment protocols and the recommendations of the Healthcare Personnel, Healthcare Entities, Nurses and the Service Providers.
The Users should be solely responsible for the denial or refusal of the treatment and the Users shall bear the consequences with regards to the same. The Company shall not be responsible for such refusal.
All commercial / contractual terms are offered by and agreed to between Users and Service Providers/ Healthcare Personnel /Healthcare Entities/ Nurses alone. The commercial / contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to goods and services and after sales services related to goods and services. The Company does not have any control or determines or advises or in any way involves itself in the offering or acceptance of such commercial / contractual terms between Users and Service Providers/ Healthcare Personnel Healthcare Entities/ Nurses.
The Company does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc.) of any of the Service Providers/ Healthcare Personnel /Healthcare Entities/ Nurses. You are advised to independently use your best judgment in that behalf. The Company is not responsible for any non-performance or breach of any contract entered into between Users and Service Providers/ Healthcare Personnel /Healthcare Entities/ Nurses. The Company cannot and does not guarantee that the concerned Service Providers/ Healthcare Personnel /Healthcare Entities/ Nurses will perform any transaction concluded on the Online Platform. The Company shall not and is not required to mediate or resolve any dispute or disagreement between Users and Service Providers/ Healthcare Personnel /Healthcare Entities/ Nurses. In particular, the Company does not implicitly or explicitly support or endorse the sale or purchase of any items or services on the Online Platform. The Company accepts no liability for any errors or omissions, whether on behalf of itself or Service Providers/ Healthcare Personnel /Healthcare Entities/ Nurses.
The Company does not at any point of time during any transaction between User and Healthcare Entities, Nurses, Healthcare Personnel and Service Provider on Online Platform come into or takes possession of any of the goods or Services offered by Service Providers/ Healthcare Personnel /Healthcare Entities/ Nurses nor does it at any point gain title to or have any rights or claims over the goods or Services offered by Service Providers/ Healthcare Personnel /Healthcare Entities/ Nurses to User. The Company is not responsible for unsatisfactory or delayed performance of Services or damages or delays in relation to the products as a result of items which are out of stock, back ordered or otherwise unavailable. All items are offered only for a restricted time and only for the available supply. You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the Service Providers/ Healthcare Personnel /Healthcare Entities/ Nurses.
The User shall be aware of all the policies and the Terms provided herein to procure effective delivery of the Services provided by the Company and to avoid any future inconvenience or impediments.
The Users shall provide a feedback after the completion of the Service on the Online Platform which would appear in the form of a rating system.
Company on its own, per se, does not provide any assistance to the User apart from connecting the User to Healthcare Entities, Nurses, Healthcare Personnel , Service Providers, hence You are solely responsible for the medical and non-medical services you avail from the Doctors and other Nurses, Healthcare Personnel and thus, you shall, during the continuance of this Term or after its termination, shall keep harmless and indemnify Company on a full indemnity basis against all loss and damage including but not limited to, consequential and economic loss (including loss of profit, revenue and goodwill, proceedings, costs, claims, fees, awards, charges and expenses including management and legal expenses)that the Company may suffer arising out of or in connection with (whether directly or indirectly) performance of this Agreement and occasioned by the breach thereof or the negligence, breach of statutory duty, willful default (whether by act or omission) of by you.

ADDITIONAL TERMS OF THE HEALTHCARE ENTITIES:

You are solely responsible for maintaining the confidentiality of Your password and Account information and for all the activities that occur under Your Account. You agree to:

The Healthcare Entities shall be responsible for complete verification of its Healthcare Personnel, Nurses and other staffs and ensure that they are fit and qualified to attend the Patients. The Healthcare Entities shall be responsible to incur all the expenses of every nature with regard to the infrastructure and statutory liabilities of the Healthcare Entities and maintain good condition of the same. The Company reserves the right to ask for list of doctors with their MCI registration numbers and specialization, Nurses and other staffs from the Healthcare Entities.
The Healthcare Entities shall be solely responsible to abide by all applicable laws including but not limited to guidelines by Ministry of Health and Family Welfare, Drugs and Cosmetics Act, 1940; Pharmacy Act, 1948; Narcotic Drugs and Psychotropic substances Act, 1985; Medical Termination of Pregnancy Act, 1971; Transplantation of Human Organ Act, 1994; Mental Health Act, 1987; Environmental Protection Act, 1986; Pre–natal Sex Determination Test Act, 1994; Drugs and Magic Remedies (Objectionable Advertisement) Act, 1954; Persons with Disabilities (Equal Opportunities and Full Participation) Act, 1995 and Bio-Medical Waste (Management and Handling) Rules, 1998 and such other Acts, Rules, regulations made by the central/state governments or local administrative bodies or any other relevant act relating to the protection and promotion of public health.
The Healthcare Entities have agreed to these Terms as its free and voluntary act and hereby represents and warrants to the Company that it is not subject to/party to, any covenants, agreements or restrictions arising out of their prior engagements or independent contractual relationships, which would be breached by them because of execution of this performance under this Terms of Use or by their performance of the duties hereunder.
The Healthcare Entities shall maintain secrecy of the patient’s or the User’s disease and shall not divulge the same to any other individuals except to professional colleagues during scientific case discussions/meetings.
The Company does not guarantee anything to the Healthcare Entities which are registered on the Online Platform. The Company does not take any responsibility for any losses or damage caused to the Healthcare Entities by the activities of the Users.
The Company does not guarantee any warranty about the credentials, status or the genuineness of the Users.
The Healthcare Entities are solely responsible for making any offers or representations to the Users, as the Company would not make any representations to the Users on behalf of the Healthcare Entities.
By using this Online Platform, the Healthcare Entities represent that all the information and the content provided by them is genuine, true and updated and that all the credentials are up to date.
The User shall be informed, and the User’s Voluntary consent is essential to initiate any medical procedure for the treatment of the User.

ADDITIONAL TERMS FOR DOCTORS/HEALTHCARE PERSONNEL:

The Doctor hereby represents and warrants that he/she: a) is qualified to provide medical services within the territory of India; b) has obtained all licenses as required by law to provide medical services and has not committed any act or omission that might prejudice its continuance or renewal; and c) has provided to the Company true, accurate, complete and up to date details about their qualification and credentials
The Healthcare Personnel who have registered themselves on the Online Platform should promptly adhere to the appointment timings. The Company is not responsible if the Healthcare Personnel do not show up on time or cancel their appointments with the Users.
The Healthcare Personnel are solely responsible and liable for any professional misconduct, misbehavior, wrong medication, improper quality of treatment and medical negligence on the part of the Healthcare Personnel. If it is brought to the notice of the Company about any professional misconduct, misbehavior and medical negligence, the Company shall reserve the right to take down the Profile of the Healthcare Personnel and take such other action as it may in its sole discretion deem fit.
Healthcare Personnel agree that all the communications made by Users to them in the course of their interactions are privileged communications and are covered by the Doctor- Patient Confidentiality. Further, the Healthcare Personnel agree that no disclosure of such information would be made to any third party, except when required by any competent authority.
The Company shall obtain the ratings of the Healthcare Personnel from the Patients and shall not be liable if any negative ratings are provided by the Users on the Online Platform or third-party websites.
Healthcare Personnel expressly do hereby acknowledge, represent and warrant that they would provide the Services in accordance with applicable laws. Any contravention with these laws shall hold the Healthcare Personnel solely responsible and liable. Healthcare Personnel should be cooperative in observance and enforcement of all applicable laws and regulations in the interest of public health.
The Doctors who are registering with the Online Platform shall be registered with Medical Council of India and shall adhere to their laws and regulations and the Company shall not be responsible for inability on the part of the Doctors to fulfill his or her obligations.
The Healthcare Personnel acknowledge that all the information provided by them on the Online Platform is accurate, true and genuine. Further, also agree that all the credentials are genuine and updated. The Healthcare Personnel shall provide certificates to the Company as and when required by the Company.
The Healthcare Personnel on the Online Platform shall not be liable for any third-party products, service deficits and shall not be liable to be charged with medical negligence with regards to any instrumental defects, diagnostic related complaints or any pharma related complaints and the respective Service Provider shall be held responsible with regards to the same and shall be solely liable for any consequences for any such defects.
You, being a Doctor shall abide by all the laws enforceable in India including but not limited to Indian Medical Council (Professional conduct, Etiquette and Ethics) Regulations, 2002, Drugs and Cosmetics Act, 1940; Pharmacy Act, 1948; Narcotic Drugs and Psychotropic substances Act, 1985; Medical Termination of Pregnancy Act, 1971; Transplantation of Human Organ Act, 1994; Mental Health Act, 1987; Environmental Protection Act, 1986; Pre–natal Sex Determination Test Act, 1994; Drugs and Magic Remedies (Objectionable Advertisement) Act, 1954; Persons with Disabilities (Equal Opportunities and Full Participation) Act, 1995 and Bio-Medical Waste (Management and Handling) Rules, 1998 and such other Acts, Rules, regulations made by the central/state governments or local administrative bodies or any other relevant act relating to the protection and promotion of public health.

PHARMACEUTICAL PRODUCTS AND MEDICAL EQUIPMENT- SALE AND DELIVERY:

You, being a pharmacist/pharmaceutical supplier, represent that you have appropriate approvals from the government and appropriate authorities including drug license from Central/State Drug Standard Control Organization and you are the legal owner of the drugs/medicines that you deliver to other users.
The pharmacist shall abide by all the applicable laws in India including but not limited to Drug and Cosmetics Act 1940, Drugs and Cosmetic Rules 1945, Pharmacy Act 1948 and Indian Medical Act 1956 and store the drugs/medicines in such conditions as instructed on the cover of the drug/medicine.
The pharmacist shall deliver the drug/medicines at the requested location within the time prescribed by the Company.
You being a pharmacist acknowledge that should the Company find you to be in violation of any of the applicable laws/rules/ regulations/guidelines set out by the authorities then the Company shall be entitled to cancel the consultation with such patient or take such other legal action as may be required.
The Online Platform makes available various pharmaceutical products, medicines and medical equipments (hereinafter referred to as “pharmaceutical products”) to the Users which are provided by the Healthcare Entities/ Healthcare Personnel / Service Providers. All the content provided with respect to the same is made available to You by the Healthcare Entities/ Healthcare Personnel / Service Providers and the reliance on such Healthcare Entities/ Healthcare Personnel / Service Providers is solely at Your own sole risk. The Company does not exercise any control over the content provided by such Healthcare Entities/ Healthcare Personnel / Service Providers on the Online Platform and the information so provided to You by them. The Healthcare Entities/ Healthcare Personnel / Service Providers takes complete responsibility with regards to the medical equipment, pharmaceutical products and medicine’s authenticity. The Company is not liable for any unauthenticity of the products provided to You and You agree with regards to the same.
The Company does not exercise any control over the pricing, mode of payment, terms of payment, stipulated time period, delivery, warranties and guarantees with regards to products so provided by the Service Providers. The Service Providers are solely responsible with regards to the same.
You acknowledge and agree that all the products sold, delivered, purchased by You are on a contractual basis between You and the Service Provider and the Company has no control with regards to the same.
All the information and content on the Online Platform is provided solely for the purpose of general knowledge and this does not constitute advertisement or any promotion. The products and the material so provided shall not mislead the Users and it is the responsibility of the Service Provider to ensure the same. If any material or content on the Online Platform is misleading, the Company shall not be liable.
It is acknowledged by You that all the products offered for sale on the Online Platform by the Service Provider are authentic and that the Service Provider should have appropriate licenses to deal in these products.
You agree that whenever there has been an order placed by You, the order fulfillment criteria lies with the Service Provider and the Company shall not be responsible if there is dissatisfaction with regards to the products received by You.
With regards to the purchase of the medicines, You are required to upload the prescription provided to You by the Doctors. The order cannot be placed unless the prescription is uploaded by You on the Online Platform. Further, this prescription shall be verified by the pharmacist and in accordance with the same, the medicines are dispensed. As and when the medicines are delivered to You, the title passes on to You.
In case of any errors, the order shall be cancelled by the Service Provider. The prescriptions uploaded by You are recorded with the Online Platform and You agree to the same.
The pharmaceutical products delivered to You are delivered by the Service Providers and the responsibility with regards to the same lies with the Service Provider only.

ADDITIONAL TERMS FOR DIAGNOSTIC SERVICE PROVIDERS:

The Company facilitates and provides for diagnostic services via the Service Providers. The various tests and the packages so provided on the Online Platform is the information provided by the Service Providers. The Service Providers shall ensure that the information so provided is authentic and genuine. The Company shall not be responsible for any tests, samples collected and the reports being generated by the Service Providers. The Service Providers shall not access the information and the Services so provided by other Service Providers who are their competitors without prior consent from the Company.
The Company shall not be held liable for any and all interactions between the Users and the Service Providers. The Services are not applicable in case of emergencies. The Company shall not be liable in case of any discrepancies with regards to the reports provided by the Service Provider.

ADDITIONAL TERMS FOR INSURANCE SERVICE PROVIDERS:

The Company facilitates and provides for insurance services via the Service Providers. The various policies and insurance packages provided on the Online Platform is the information provided by the Service Providers. It shall be the sole responsibility of the Service Providers to ensure that all the information and content (including any brochures, sales documentations, prospectus, premium amounts etc.) with respect to the insurance policies provided on the Online Platform is genuine and authentic.
The Service Providers reserve the right to modify, alter and make changes with regards to the premiums and the discounts so provided which would be subject to the IRDI regulations and their amendments from time to time.
The Company shall not be held liable in case of any discrepancies with regards to the policies provided by the Service Providers on the Online Platform. The Service Providers shall be liable for all or any interactions with the Users with respect to the insurance services being provided on the Online Platform.
The disputes between the Service Providers and the Users shall be dealt with amongst themselves and the Company shall not be made a party to the dispute which arises between the Service Providers and the Users for the use of the Services so provided.

ADDITIONAL TERMS FOR SERVICE PROVIDERS:

The list of the Healthcare Personnel, Healthcare Entities, Nurses and Service Providers on the Online Platform is updated on an automated basis and there is no ranking with regards to the same i.e., there is no specific order which is maintained. The Company shall not be liable with regards to any order of the search results. The complete information including the specialization, degree, location, qualification etc., with regards to the Healthcare Personnel , Healthcare Entities, Nurses and Service Providers shall be mentioned on the Online Platform and the Company shall not be liable with regards to any inaccuracy, completeness and genuineness of the content displayed on the Online Platform.
If it is brought to the notice of the Company in any way about the incompleteness, misrepresentation and inaccuracy with regards to the information so provided, and the non- performance of the Services via feedbacks, the Company shall be indemnified for any loss suffered in this regard by the Service Provider, Healthcare Personnel, Healthcare Entities and the Nurses.
The Company shall not be responsible if there is any delay in arrival of ambulances or non-availability/non-provision of ambulances by the Healthcare Entities, Nurse, Healthcare Personnel and Service Providers registered on the Online Platform.

ADDITIONAL TERMS FOR NURSES:

You, being a Nurse, represent that you are having adequate qualification and certified under Indian Nursing Council Act, 1947 to practice as a Nurse.
The Nurse shall abide by all the laws enforceable in India, as may be applicable, including but not limited to code of ethics by Indian Nursing Council.
The Nurse shall take due care of patients without consideration of caste, creed, religion, culture, ethnicity, gender, socio-economic and political status, personal attributes, or any other grounds.
Nurses shall respect individual’s right to privacy, maintain confidentiality, and share information judiciously.
Nurses shall not indulge in or associate in malpractice of any nature or with any activity that goes against the dignity, honour and development of the profession.
You being a Nurse acknowledge that should the Company find you to be in violation of any of the applicable laws/rules/ regulations/guidelines set out by the authorities then the Company shall be entitled to cancel the consultation with such User or take such other legal action as may be required or take down your profile from the Online Platform.

EMERGENCY CONDITIONS:

The Online Platform will not be responsible for the provision of any support in case of emergency conditions including but not limited to severe burns, heart attacks, severe chest pain, severe abdominal pains, bites or stings, fractures, electrocution, seizures, choking, infections, shock, traumatic injuries, toxicological emergencies, psychiatric emergencies, neurological conditions etc. On the outset of sudden unexpected situations and emergencies where there is a need for immediate medical, attention treatment and operations, the Users shall directly approach the emergency ward of the nearest Hospital.

FEES FOR SERVICES PROVIDED:

You may find a list of prices for different packages and payment terms. You agree that all the fees and amounts payable with regards to the Services availed under these Terms are non-refundable in nature. A certain amount of subscription fee and usage fee becomes payable by the Users to the Company while opening an Account on the Online Platform. The Healthcare Entities, Service Providers, Nurses and the Healthcare Personnel are also entitled to pay subscription fees for availing the Services provided by the Company.

The Users of the Online Platform will be promptly informed about the costs in a timely and transparent manner of the tentative treatment. These costs are subject to changes based on the clinical status and the recommendations put forth by the Healthcare Personnel and the Healthcare Entities and the Nurses and the Service Providers. The Company shall not be responsible in any manner for such changes in the costs of the treatment and the Users may at their sole discretion choose whether to continue the treatment or not and if they so choose to discontinue the treatment the Users shall be solely responsible for the consequences thereof.

PAYMENT OF FEES:

Online payment of fees can be made by credit, debit card and net banking facility. These payments are not collected by the Company directly but by the Bank. The online payment system is provided by the Company and its third-party suppliers and We are not responsible for errors, delays or erroneous transaction. All prices quoted are in INR. The Company reserves the right to change the fees at any time. We cannot accept a liability for a payment not reaching the Company account due to your quoting an incorrect account number or incorrect personal details. No liability will be accepted by the Company, if the payment is refused or declined by the credit/debit card supplier for any reason. All the payment obligations for the Services provided shall be completed and fulfilled by the Users promptly and within a stipulated time period provided by Us.
If the payment has not been made, it is not the obligation of the Company to bring the same to Your attention. You should check with your bank / credit / debit card supplier that the payment has been deducted from Your account. All payment details which are entered through this payment gateway are encrypted when the User make’s the payment.
In case of failure by the User to make payment of fees to properly protect the data being provided by such persons, during the online payment process or in respect of any omission to provide accurate information in the course of online payment, the Company shall not be held liable.
The Company does not store or keep credit card / debit card data in a location that is accessible via the Internet. Once a credit card / debit card transaction has been completed, all credit card/debit card data is moved off-line only to ensure that the credit card / debit card information received is not accessible to anyone after completion of the on-line transaction and to ensure the maximum security. The Company uses the maximum care as it is not possible to ensure that all or any data / information in respect of the electronic transfer of money does not fall in the wrong hands.
The Company shall not be held liable for any loss or damage sustained due to a reason of any inadvertent disclosure of any information concerning the User’s Account and / or information relating to or regarding online transactions using credit cards / debit cards and / or their verification process and particulars for any error, omission or inaccuracy with respect to any information so disclosed and used whether or not in pursuance of a legal process or otherwise.

LIMITED RIGHT OF USE AND OWNERSHIP OF CONTENTS:

The property on the Online Platform belongs to Company and is protected by trademark, copyright and other applicable laws of India. This includes various logos, service names, trademarks, graphics, product names and designs. Subject to You complying with each of the Terms, the Company hereby grants to You a limited, revocable, personal, non-sub-licensable, non-transferable, non-exclusive right to access and use the Online Platform to access the Service in accordance with this Terms solely for personal reasons and not for resale or to provide services to third parties. You agree to use the Online Platform only for its intended purpose, in an authorized manner, and in compliance with all privacy, data protection, intellectual property, and other applicable law.

AVAILABILITY OF SERVICES PROVIDED:

All or any of the Services offered by the Company using the Online Platform may be temporarily unavailable or may not be offered when the Online Platform is under development and under maintenance due to any technical faults or interruptions, for which the Company shall not be liable. Further, the Services may be temporarily unavailable for various reasons which may include but are not limited to geographic limitations, or prohibition/restrictions under the applicable laws or Policies for which the Company shall not be liable.

CONSENT OF USERS, SERVICE PROVIDERS, NURSES AND HEALTHCARE ENTITIES:

Certain Services may require physical examination or contact with You. By availing Services, it is deemed that You have provided Your consent to the agent, employee, consultants or staff of the Company and / or Healthcare Entities, Nurses, Healthcare Personnel and the Service Providers to visit your premises and undertake actions necessary to perform the Service.
The express consent provided by You shall be valid for all the Services availed from the Company at present or in the future. You have the right to withhold or withdraw your consent for any of the Services at any point of time and inform us about such withdrawals through e-mails at [email protected]. Irrespective of such withdrawals of your consent, all dues outstanding for the Services availed shall be settled by You to the Company.
You hereby agree that You shall use the Online Platform for the purpose specified in these Terms of Use and shall not use the Online Platform for any unauthorized and unlawful purpose, including impersonating another person and shall not attempt to reverse-engineer, alter or modify any part of the Online Platform.
You acknowledge that if the Company finds You to be in violation of any of the applicable laws/rules/ regulations/guidelines set out by the authorities, then the Company shall be entitled to terminate your Account or take such other legal action as may be required.
It is agreed that the relationship between you and the Company under this Terms shall be on non-exclusive in nature.
The Company shall be just a facilitator platform. The Parties hereby acknowledge that nothing in these Terms creates a partnership, employment or agency relationship between the Parties.
The Company reserves the right (but not obligated) to monitor all user postings and to remove any postings, including those which the Company considers in our absolute discretion to be offensive or otherwise in breach of these terms and conditions or any applicable law or regulation.

ONLINE PLATFORM CONTENT:

The Company does not guarantee that the Online Platform is well- suited to Your device or that the contents of the Online Platform are accurate, correct and free of viruses.
All contents, programs, services, processes, designs, software, technologies, trademark, trade names, inventions and materials made by the Company or for the Company and are posted on the Online Platform are wholly owned by the Company. The copyright to content on the Online Platform as well as the intellectual property contained thereon vests wholly and completely in the Company. The Online Platform shall be designated to store medical and demographic data. The content is either owned by Us or has been licensed to Us.

INDEMNITY:

You, hereby, agree to indemnify and hold harmless the Company its directors, managers, associates, partners, assignees, licensees, affiliates and agent from and against any and all claims, charges, demands, damages, liabilities, losses, expenses, and liabilities of whatever nature and howsoever arising (including but not limited to any legal or other professional fees and the costs of defending or prosecuting any claim and any loss of profit, goodwill, and any other direct or consequential loss) incurred or suffered by the Company directly or indirectly by reason including but not limited to the following: a) Your use/misuse of or access to the Online Platform; b) Using Your user id and password; c) Any activity related to Your internet account (including negligent or wrongful conduct) d) By You or any other person accessing the Online Platform using Your internet account; e) From any transaction that You conduct as a result of the contact facilitated by the Online Platform; or f) From Your infringement of any intellectual property rights in any posting to or transmission via the Online Platform;
The Company or any of its affiliates is not responsible for any legal proceedings, which are initiated by either of the parties to this Agreement. In case the Company gets involved in any of the proceedings by either of the parties, the Company shall recover the costs and damages which are incurred by it, from the party which names or involves the Company to the proceedings;
None of the information available on the Online Platform is intended to be a substitute for independent professional advice and Users are recommended to seek advice from suitably qualified professionals if relevant to their particular circumstances;
You should not enter into any settlement agreement which would have an adverse effect on the Company.

RESTRICTIONS ON USERS, SERVICE PROVIDERS, NURSES, HEALTHCARE PERSONNEL AND HEALTHCARE ENTITIES:

To not impede and impair the operations and the functionality of the Online Platform.
To be compliant with the applicable laws and regulations.
To not access any data, that is not meant to be used by the User and/or Healthcare Entities and/or Nurses and/or Healthcare Personnel and/or Service Provider.
To copy and distribute the content and information provided on this Online Platform, on other servers with due authorization from the Company.
The Users undertake to not send any information on behalf of the Company. It is solely the responsibility of the Online Platform to solicit any information and to send through emails, SMS’s, multimedia content, advertisements and promotional activities on the World Wide Web to its Users or prospective Users.
The User or the Healthcare Entities, Healthcare Personnel, Nurses and Service Providers are strictly prohibited from passing on any information, which contains confidential information about the other Users, to any third parties or other servers, without prior consent from the Company.
To not send any message or information which is used to deceive the other Users or Hospital.

CONFIDENTIALITY OF INFORMATION:

You shall not, either during the period of use of the Online Platform or thereafter, except, in the proper course of Your duties, divulge to any person whomsoever and shall use Your best efforts to prevent the unauthorized use, dissemination, publication or disclosure of any confidential information. You shall not either during the period of use of Online Platform or thereafter use the confidential information for Your own benefit, or for the benefit of a third party, and will not permit such use, except with the prior, express written consent of the Company. The User has the right to privacy for the information so provided and shall have the right to refuse to talk to any of the personnel of the Company who are not directly associated with the treatment of the User is in process.

DISCLAIMERS AND WARRANTIES:

No information which is put on the Online Platform is to be accepted as an invitation to an offer, made by the Online Platform. There is no endorsement which is made by the Company through its Online Platform.
In the event of a User contacting Healthcare Entities, Nurses, Healthcare Personnel and Service Providers, there shall be no reliance solely upon the content as mentioned on the Online Platform. The Company makes no endorsements and does not intend upon influencing any of the Users to subscribe and select a particular Healthcare Entity, Nurses l, Healthcare Personnel and Service Providers. Hence, in case of any issues faced by the Users, the Company is not to be involved.
There are no express representations and warranties, whether express or implied, made by the Company regarding the accuracy, reliability and/or quality of any information transmitted and/or obtained through the use of the Services of the Company. Neither the Company nor any of its associated parties would be liable for omissions, untimeliness, unauthenticity of the information contained on the Online Platform. Further, the Company is not liable towards the claims of any third parties. The information provided on the Online Platform is on an “AS IS” basis and “AS AVAILABLE” without warranty of any kind whether express, implied or statutory which relates to all the contents and material on the Online Platform.
The Company assumes no responsibility for any damages or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing in this Online Platform.
Although, the Company has taken utmost precaution in verifying the credentials of the Healthcare Personnel, Healthcare Entities, Nurses and the Service Providers, whose details have been provided on the Online Platform, the Company shall not assume any responsibility with regards to the same and shall not be held responsible for any advice/medical services provided to the Users.
We disclaim responsibility for any harm to persons resulting from any Services referred to in the Online Platform. The Company is not associated with any Users. If there is any dispute between the Healthcare Entities or the Healthcare Personnel, Service Providers, Nurses and the Users, it shall be resolved between them and the Company shall not be associated with the same.
The Company also does not provide any medical information on the website and shall not be held responsible for any medical consequences that may arise out of the content shared on the Online Platform.
The Company shall not be held responsible for any defects in the medical equipment provided by the medical equipment companies through this Online Platform.
The sole remedy for any dissatisfaction for the use of the Online Platform is to unregister and stop using the Online Platform.
We disclaim responsibility for any harm to persons resulting from any instructions, products or Services referred to in the Online Platform. The Company is not associated with any manufacturer of medicines or medical practitioner on the Online Platform. We do not warrant that the Online Platform or its content will meet your requirements.
The Company does not warrant and represent any title over the pharmaceutical products provide by the Service Providers on the Online Platform. The ownership or interest in the products provided by the Service Providers on the Online Platform does not vest with the Company. You agree that the Company is not liable with regards to any such transactions made by You. You agree that the title and the ownership of the pharmaceutical products vests with the Service Provider and not with the Company at any time. In case of any damages and losses caused to You with regards to the usage of the pharmaceutical products, the Service Provider shall be held responsible and is liable. With regards to any delay and non-performance, the Company shall not be responsible.
The Company does not represent and warrant the accuracy and the genuineness of the information provided by the Service Providers, Healthcare Entities, Nurses and Healthcare Personnel on the Online Platform.
The Company has the authority to suspend any of the Healthcare Personnel, Healthcare Entities, Nurses, Service Providers at its own discretion at any time from using the Online Platform.
The Healthcare Personnel, Healthcare Entities, Nurses and the Service Providers shall be fully responsible for the non- performance of their Services and the Company shall not be liable in any manner.
The Healthcare Personnel, Healthcare Entities, Nurses, Service Providers and the Users agree that they shall not provide and display any information which would belong to any other person, would be harmful and defamatory in nature, in violation of any of the applicable laws of the land, would be against public policy.
The Users agree and acknowledge that even though the Company facilitates the provision of acute care services, the Company in no way will replace the services which are provided by the Healthcare Entities, Nurses, Service Providers and Healthcare Personnel. The Company represents that it solely aims at providing assistance to the Healthcare Entities towards the provision of in- patient care services to the Users through the Online Platform but not to provide the services which are provided by a Healthcare Entities, Nurses, Service Providers and Healthcare Personnel.
The Company accepts no responsibility for any loss or damage suffered due to your reliance on the Service reviews posted by the Users.

LIMITATION OF LIABILITY:

THE COMPANY'S TOTAL LIABILITY UNDER THIS AGREEMENT (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE SHALL BE LIMITED TO THE TOTAL AMOUNT OF FEES OR/AND CHARGES PAID TO THE COMPANY FOR THE SERVICES GIVING RISE TO THE RELEVANT CLAIM. YOU ACKNOWLEDGE THAT AVAILING OF THESE SERVICES PROVIDED BY US IS AT YOUR OWN RISK. THE COMPANY IN NO EVENT SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, SPECIAL, MONETARY OR PUNITIVE DAMAGES, FINES, PENALTIES, FEES IN RELATION TO OR ARISING OUT OF ACCESSING THIS ONLINE PLATFORM AND/OR THE INFORMATION PROVIDED HEREIN.

MISCELLANEOUS:

Any violation of these Terms or any indecent action towards other Users, Healthcare Personnel, Nurses, Service Providers and Healthcare Entities will not be tolerated and shall attract prompt and punitive disciplinary action as per applicable laws enforced in India and including but not limited to termination of usage rights as well as legal action. In the event of termination, users will not receive any credit or payment from the Company. Any non- compliance with the provisions of Terms provided herein, gives the Company the right to withdraw the Services being rendered to the Users, Healthcare Personnel, Service Providers, Nurses and the Healthcare Entities.
Without limiting the Company to other remedies, You must pay the Company all fees owed to Us and reimburse the Company for all losses and costs (including any and all the Company associate, officers or representative’s time) and reasonable expenses (including but not limited to legal fees) related to investigating such breach and collecting such fees.
You shall not assign any rights or obligations arising under this Term, whether by operation of law or otherwise, without the prior written consent of the Company.
You agree that the Company may subcontract certain aspects of the Service to third parties.
There exists no remedy to the Users, Healthcare Personnel, Nurses, Service Providers and Healthcare Entities, against the Company, in any event of Acts of god as well as reasons beyond its control like corruption of data or delay or failure to perform as a result of any cause(s) or conditions that are beyond the Company's reasonable control including but not limited to strikes, riots, civil unrest, government policies, tampering of data by unauthorized persons, virus attacks, war and natural calamities.
Any claim or controversy that arises out of or relates to this Agreement, or the breach of it, the same shall be referred to an arbitrator nominated by the Company whose decision shall be final and binding upon the parties hereto. Such references shall be deemed to be a submission to arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996. The seat of arbitration shall be in Mumbai and the process and the award shall be in English Language.
Notwithstanding the foregoing, if You breach or threaten to breach any provision of this Agreement You acknowledge that irreparable harm will result to the Company if You breach any obligation under this Agreement and You acknowledge and agree that such a breach would not be properly compensable by an award of damages. Accordingly, You agree that the Company shall be entitled to, in addition to other available remedies and damages, injunctive relief or other equitable relief enjoining such breach at the earliest possible date.
In the event of any complaints and/or dissatisfaction with respect to any of the Services being availed by the Users using the Online Platform the Users can intimate the same to the Company by sending an email at [email protected], and the Company shall on a best efforts basis endeavor to take corrective measures to resolve such complaints and overcome such dissatisfaction by facilitating better standards of Service.
In the event that, any provision of this Agreement is held to be invalid or unenforceable by a court or regulator of competent jurisdiction, the valid or enforceable portion thereof and the remaining provisions of this Agreement will remain in full force and effect. The Company’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. All waivers must be in writing.
This Agreement shall be governed by the laws of India and in case of any dispute between You and the Company, in relation to the Services, the Courts of Mumbai shall have exclusive jurisdiction.

Terms Of Use