PRIVACY
POLICY
1. GENERAL
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.
b) This document is published in
accordance with the provisions of Rule 3 (1) of the Information Technology
(Intermediaries guidelines) Rules, 2011 that require publishing the rules and
regulations, privacy policy and terms of use for access or usage of the domain
name www.nizcare.com (“Website”) and
the corresponding application Nizcare (“Application”).
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.
d) By accessing the Application,
whether through a mobile device, mobile application or computer, the User
agrees to be bound by this Privacy Policy (“Policy”), whether or not the User creates an account to avail of
the Service (defined below). If the User wishes to avail of the
Service, the User does hereby unequivocally accept and agree to the contents of
this Policy.
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”).
i) The
use of the Application by the User is solely governed by this Policy as well as
the Terms of Use of the Application (“Terms”,
available at https://www.nizcare.com/terms-conditions),
and any modifications or amendments made thereto by the Company from time to
time, at its sole discretion. The User’s act of using the Application and/or
availing of any of the services provided therein shall be deemed to signify the
User’s unequivocal acceptance of this Policy and the aforementioned Terms, and
the User expressly agrees to be bound by the same. The User expressly agrees
and acknowledges that the Terms and Policy are co-terminus, and that expiry /
termination of either one will lead to the termination of the other. The User may not access the
Application or avail of any of the Services provided by the Company if the User
does not expressly and unequivocally accept and agree to be bound by the Terms
and Policy, or is otherwise deemed not competent
to enter into binding contracts, as per the provisions of the Indian Contract
Act, 1872.
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.
3.
COOKIES
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.
Email:grievance@nizcare.com
Contact: 044-49042809
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.