a) This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signature.
c) The Website and the Application are owned and operated by NIZCARE PRIVATE LIMITED(“Company”), a private company limited by shares, incorporated under the provisions of the Companies Act, 2013, and having a branch office located at Regus KRM Plaza, South Towers, 8th Floor, No.2, Harrington Road, Chetpet, Chennai – 600 031, where such expression shall, unless repugnant to the context thereof, be deemed to include its respective representatives, administrators, employees, directors, officers, agents and their successors and assigns.
e) The features / services of this Application, Website, and Service are only meant to be available and used within the sovereign territory of India. Users (defined below) located outside India are not permitted to use / view / access the same.
f) For the purpose of this Policy, wherever the context so requires:
i) The term “the User”&“User” shall mean any legal person or entity accessing or using the services (defined below) provided on the Application, who is competent to enter into binding contracts, as per the provisions of the Indian Contract Act, 1872. For the purposes of these Terms, the collective gender neutral pronouns ‘it’, ‘its’ and ‘itself’ shall be used to reference the User;
ii) The terms “Party”&“Parties” shall respectively be used to refer to the User and the Company individually and collectively, as the context so requires.
iii) The term “Hospital” shall mean any hospital frequented by the User for its medical needs, specifically any hospital that the User visits pursuant to booking an appointment on the Application, or any hospital in which a Physician (defined below) practices. The term ‘Hospital’ shall also include the private clinic of a Physician, or a private clinic in which a Physician consults / practices.
iv) The term “Physician” shall mean and include each and every medical practitioner, including without limitation doctors, physicians, surgeons, dentists, imaging technicians, phlebotomists, nurse practitioners, and lab technicians who are registered on the Application, whether or not they directly provide Service(s) to the User.
g) The headings of each section in this Policy are only for the purpose of organizing the various provisions under this Policy in an orderly manner, and shall not be used by either Party to interpret the provisions contained herein in any manner. Further, it is specifically agreed to by the Parties that the headings shall have no legal or contractual value.
h) The Application has been designed by the Company to assist the User by providing it with a multitude of options and services to taking care of its medical needs, including without limitation (i) facilitating the answering of the User’s medical queries by Physicians; (ii) enabling the User to book a virtual appointment to avail of private text, audio, and/or video consultation services from Physicians, including online medical prescriptions (“e-Appointment”); (iii) enabling the User to have its queries posted and answered on a public forum and answered by a panel of Physicians (“Forum”); (iv) enabling the User to access and view blog posts, videos, links, and other material posted by Physicians; (v) enabling the User to book an offline / real life face-to-face appointment with Physicians, in a Hospital Setting (“Appointment”); (vi) enabling the User to book an appointment for home visit / consultation from Physicians (“Home Consult”); (vii) enabling the User to book an appointment for home collection of blood / urine / hair / stool samples, for pathological tests and various other diagnostic and testing services, and / or to measure the User’s vitals (including but not limited to blood pressure, temperature, weight, blood sugar, pulse, activity, oxygen saturation, hearing, and eyesight), readings, symptoms, and various other test results, including without limitation echo-cardiograms, ultrasounds, CT scans, and PET scans (collectively, ‘Vitals’); (viii) enabling the User to have a Physician interpret the Vitals; (ix) providing alternative strictly non medical services, with no proven or claimed medicinal / therapeutic effect whatsoever, including without limitation yoga, mediation, massages, and ayurveda (“Wellness”); and (x) enabling the User to search for Physicians by name, specialty, and/or geographical area, or any other criteria that may be developed and made available by the Company, and thereafter view their profile and any information/videos/blog posts made by each such Physician, and book Appointments, e-Appointments, and Home Consult visits with such Physicians (collectively, the “Service”).
j) The User unequivocally agrees that this Policy and the aforementioned Terms constitute a legally binding agreement between the User and the Company, and that the User shall be subject to the rules, guidelines, policies, terms, and conditions applicable to any Service that is provided by the Company through the Application, and that the same shall be deemed to be incorporated into the Terms, and shall be treated as part and parcel of the same. The User acknowledges and agrees that no signature or express act is required to make the Terms and the Policy binding on the User, and that the User’s act of using any part of the Application or Service constitutes the User’s full and final acceptance of the Policy and the aforementioned Terms.
k) The Parties expressly agree that the Company retains the sole and exclusive right to amend or modify the Policy and the aforementioned Terms without any prior permission or intimation to the User, and the User expressly agrees that any such amendments or modifications shall come into effect immediately. The User has a duty to periodically check the Policy and Terms, and stay updated on their provisions and requirements. If the User continues to use the Application following such a change, the User will be deemed to have consented to any and all amendments / modifications made to the Policy and Terms. In so far as the User complies with the Policy and Terms, it is granted a personal, non-exclusive, non-transferable, revocable, limited privilege to enter, access and use the Application, and avail of the Services provided therein.
2. COLLECTION OF PERSONAL AND OTHER INFORMATION
a) The User expressly agrees and acknowledges that the Company collects and stores the User’s Vitals and other personal information relating to the User, whether or not provided directly or indirectly, and whether or not the same has been obtained through the Application, including but not limited to the User’s user name, passwords, email address, name, address, age, date of birth, gender, nationality, browsing history, queries, symptoms, Vitals, readings, test results, geographical location, pictures, videos, contacts, purchase history and web browsing history, chat history, posts, communication, text, audio and video recording, as well as any images or other information uploaded/published by the User on the Application (“Information”). The User is aware that the Company uses this Information to create statistics and other mathematical data for use in the Application and for its dealings with various third parties. The User hereby expressly authorises the Company to anonymously share the User’s Information with Physicians, Hospitals, and third parties as it sees fit, and at its sole discretion.
b) The User is further aware that its Information may be used by the Company to provide services and features targeted at the User, that are most likely to meet the User’s needs, and also to customize and improve the Application to make its users’ experiences safer and easier.
c) The User is aware that the Company may automatically track certain information about the User based upon the User’s IP address and the User’s behaviour on the Application, and the User expressly consents to the same. The User is aware that this information is used to do internal research on user demographics, interests, behaviour, ailments, etc., to enable the Company to better understand, and cater to the interests and needs of its users. The User is expressly made aware that such Information may include information pertaining to the User’s mobile device / computer & web browser, the User’s IP address, etc.
d) If the User chooses to avail of the Services provided through the Application, the User expressly consents to allowing the Company to collect and disseminate the User’s Information as it sees fit.
e) If the User chooses to post his/her information / queries / messages / reviews / feedback anywhere on the Application, or otherwise communicates using any medium provided on the Application or otherwise, the User is aware that any and all such Information provided / communication made will be collected and stored by the Company indefinitely, and that such retained Information may be used to resolve disputes, provide customer support, troubleshoot problems, etc., and that such Information, if requested, may be provided to judicial or governmental authorities of requisite jurisdiction, or otherwise used by the Company as permitted by applicable laws.
f) The User is aware that any and all Information pertaining to the User collected by the Company, whether or not directly provided by the User to the Company, including but not limited to personal correspondence such as emails or letters, instructions from the User relating to the Services availed of, etc., may be collected and complied by the Company into a file/folder specifically created for / allotted to the User, and the User hereby expressly consents to the same.
g) The User is aware that the Information provided to the Company may be used to send the User offers and promotions, whether or not based on the User’s previous usage history and interests, and the User hereby expressly consents to receiving the same.
h) The User is aware that the Company may occasionally request the User to complete optional online surveys. These surveys may require the User to provide contact information and demographic information. The User is aware that this data is used to customise the Application for the benefit of the User, and providing all users of the Application with services/content that the Company believes they might be interested in availing of, and also to display services according to the User’s preferences.
i) The User is further aware that the Company may occasionally request the User to write reviews for Services availed of by the User from the Application / Hospital. The User is aware that such reviews may help other users of the Application make prudent and correct decisions with respect to availing services offered by the Company or Hospital, and also help the Company improve the quality of the Services provided, and the User hereby expressly authorises the Company to publish any and all reviews/comments/feedback shared by the User on the Application, along with the User’s identity and certain contact details, for the benefit and use of other users of the Application.
j) Nothing contained herein shall be deemed to compel the Company to store, upload, publish, or display in any manner content/reviews/surveys/feedback submitted by the User, and the User hereby expressly authorises the Company to remove from the Application any such content, review, survey, or feedback submitted by the User, without cause or being required to notify the User of the same, or obtain the User’s consent.
a) The User is aware that a ‘Cookie’ is a small piece of information stored by a web server on a web browser so it can later be traced back from that particular browser, and that cookies are useful for enabling the browser to remember information specific to a given User, including but not limited to the User’s login identification, password, browsing history, preferences, etc. The User is aware that the Application may place both permanent and temporary cookies on the User’s mobile device / computer hard drive and web browser, and does hereby expressly consent to the same.
b) The User is further aware that the Application uses data collection devices such as cookies to help analyse web page flow, measure promotional effectiveness, and promote trust and safety, and that certain features of the Application are only available through the use of such cookies. While the User is free to decline the Application’s cookies if the User’s device / computer permits, the User may consequently be unable to use certain features on the Application, or avail some/all of the Services provided therein.
c) Additionally, the User is aware that it might encounter ‘cookies’ or other similar devices on certain pages of the Application that are placed by third parties or affiliates of the Company. The User expressly agrees and acknowledges that the Company does not control the use of such cookies/other devices by third parties, that the Company is in no way responsible for the same, and that the User assumes any and all risks in this regard.
4. DIVULGING/SHARING OF PERSONAL INFORMATION
a) Due to the nature of the Service, the User is expressly aware that its Information will necessarily be communicated to Physicians / Hospitals in order to provide the User with the Service. The User expressly and unconditionally consents to the same, and further expressly authorises the Company to collect any Information pertaining to the User from any Physician / Hospital that the User avails of services from.
b) The User hereby expressly authorises the Company to share / divulge any and all Information pertaining to the User with any third parties, at the sole discretion of the Company, and also to use the User’s Information for the purpose of preparing statistics and other forms of analysis. The User is aware that in the event of any such disclosure to third parties, the Company shall maintain the User’s confidentiality and anonymity.
c) The User is aware that the Company may share the User’s Information with other corporate entities and affiliates to help detect and prevent identity theft, fraud and other potentially illegal acts; correlate related or multiple accounts to prevent abuse of the Application’s Services; and to facilitate joint or co-branded services, where such services are provided by more than one corporate entity.
d) The User is aware that the Company may disclose information if required to do so by law or if the Company in good faith believes that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal processes. The Company may also disclose the User’s Information to law enforcement offices, third party rights owners, or other third parties if it believes that such disclosure is reasonably necessary to enforce the Terms or Policy; or protect the rights, property or personal safety of its users, or the general public.
e) The User is further aware that the Company and its affiliates may share / sell some or all of the User’s Information with other business entities, including without limitation in the event that the Company merges with, or is acquired by such business entity, or in the event of re-organization, amalgamation, or restructuring of the Company’s business. Such business entity or new entity will continue to be bound be the Terms and Policy, as may be amended from time to time.
5. ACCOUNT SECURITY
The User is responsible for maintaining the confidentiality of its username and password, assigned to the User during the registration process, and the User is solely responsible for all activities that occur under the same. The User agrees to immediately notify the Company of any disclosure or unauthorized use of the User’s username or password, or any other breach of security with respect to the User’s account, and also ensure that it logs out from its account at the end of each session. The User expressly acknowledges and agrees that neither the Company nor the Hospitals or Physicians shall be liable in any manner whatsoever for any guidelines / instructions / information sent to the User, or any manner of injury, loss or damage suffered by the User as a result of the User following such guidelines / instructions / information, and that the use of the Application and the Service is in no way intended to be a substitute for the User undergoing periodical health checkups by a certified medical practitioner. The User shall also be completely and solely responsible for any and all charges that are registered for / subscribed to using the User’s account, and the User expressly and unconditionally agrees that it shall have no recourse or option of a refund for any services availed of through the account, on the grounds of breach of security.
6. THIRD PARTY ADVERTISEMENTS / PROMOTIONS
The User is aware that the Company may use third-party advertising companies to serve ads to the Users through the Application. The User is aware that these companies may use Information relating to the User’s usage of the Application and other Information in order to provide customised advertisements to the User. Furthermore, the Application may contain links to other applications / websites that may collect personally identifiable information of the User. The Company is not responsible for the privacy practices or the content of any of the aforementioned linked applications / websites, and the User expressly acknowledges the same and agrees that any and all risks associated shall be borne entirely by the User.
7. USER’S CONSENT
By using the Application / Service and/or by providing Information to the Company through the Application, whether directly or indirectly, the User expressly consents to the collection and use of the Information disclosed by the User on the Application in accordance with this Policy, including but not limited to the User’s consent to the Company sharing/divulging the User’s Information with third parties, as per the terms contained herein. The User hereby expressly and unconditionally consents to all of the proposed uses of the Information by the Company enumerated herein, as may be modified from time to time, at the sole discretion of the Company.
8. GRIEVANCE OFFICER
In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer of the Company are provided below:
Name: Mohamed Meeran M.F.
Contact Hours: 10:00AM to 6:00PM, Monday to Friday
9. DISPUTE RESOLUTION AND JURISDICTION
It is expressly agreed to by the Parties hereto that the formation, interpretation and performance of the Policy and any disputes arising herefrom will be resolved through a two-step Alternate Dispute Resolution (“ADR”) mechanism.
a) 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 hereinbelow;
b) Arbitration. In the event that the Parties are unable to amicably resolve a dispute by mediation, said dispute will be referred to arbitration by a sole arbitrator to be appointed by the Company, and the award passed by such sole arbitrator will be valid and binding on both Parties. The Parties shall bear their own costs for the proceedings, although the sole arbitrator may, in its sole discretion, direct either Party to bear the entire cost of the proceedings. The arbitration shall be conducted in English, and the seat of Arbitration shall be Chennai, Tamil Nadu, India.
The Parties expressly agree that the Terms, Policy and any other agreements entered into between the Parties are governed by the laws, rules and regulations of India, and that the courts at Chennai, Tamil Nadu, India, shall have exclusive jurisdiction over any disputes arising between the Parties.
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