TERMS OF USE
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 these Terms of Use (“Terms”),
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 these Terms.
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)
These
Terms have been made and published in accordance and compliance with, and
governed by the provisions of Indian law, including without limitation, the
provisions of (i) The Indian Contract Act, 1872; (ii) The Information
Technology Act, 2000; (iii) The Information Technology (Reasonable Security
Practices and Procedures and Sensitive Personal Information) Rules, 2011; and
(iv) The Information Technology (Intermediaries Guidelines) Rules, 2011.
g)
For the purpose of these Terms,
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.
h)
The headings of each section in these Terms are only for the purpose of
organizing the various provisions under these Terms 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.
i)
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 echocardiograms,
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 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/or Home Consult visits with such Physicians
(collectively, the “Service”).
j)
The use of the Application by the User
is solely governed by these Terms read with the Privacy Policy (“Policy”, available athttps://www.nizcare.com/privacy-policy),
and any modifications or amendments made thereto by the Company from time to
time, at its sole discretion. Accessing the Application and/or using any of the
information or Services provided therein shall be deemed to signify the User’s
unequivocal acceptance of these Terms and the aforementioned Policy, 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.
k)
The User unequivocally agrees that these
Terms and the aforementioned Policy 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 these Terms and the
aforementioned Policy.
l)
The
Parties expressly agree that the Company retains the sole and exclusive right
to amend or modify the Terms and the aforementioned Policy 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, he/she 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.
ACCEPTANCE
OF TERMS
a)
These
Terms form an electronic contract that establishes legally binding terms that
the User must accept to use the Service provided through the Application. These
Terms include by reference the Company’s Policy, and any other terms disclosed
and agreed to by the User in the event the User purchases or accepts additional
features, products or services in addition to the Service, including but not
limited to terms governing special features, billing, free trials, discounts,
promotions, home consultations, and medical prescriptions.
b)
The
User is aware and agrees that the Company reserves the sole and exclusive right
to amend or modify these 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 Terms and stay updated on its 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 Terms. In so far as the User complies with these
Terms, it is granted a personal, non-exclusive, non-transferable, revocable,
limited privilege to access and use the Application.
3.
ELIGIBILITY
The User represents and warrants that it
is competent and eligible to enter into legally binding agreements and that it
has the requisite authority to bind itself to these Terms, as determined solely
by the provisions of the Indian Contract Act, 1872. The User may not use the
Application if it is not competent to contract under the Indian Contract Act,
1872, or is disqualified from doing so by any other applicable law, rule,
regulation or judicial verdict currently in force.
4.
CREATION
OF AN ACCOUNT
In
order to avail of the Service, the User must first provide certain details to
the Company through the Application, including but not limited to the User’s
name, age, gender, mobile phone number, email address, photographs, user-name,
password, geographical location, blood group, medical history, allergies, other
medical information, Vitals, etc., to create an account, that can subsequently
be used to avail of the Service. If the User chooses to do so, the User hereby
authorises the Company to access and use any and all such information provided,
as governed by the terms of the Policy.
5.
TERM
AND TERMINATION
These
Terms will remain in full force and effect while the User avails of the Service
and/or is in possession of an active account. The User is aware that the Company
may terminate or suspend the User’s account at any time, without cause or
notice, if the Company believes that the User has breached the Terms, or for
any other reason, in its sole discretion. The User is further aware and
expressly agrees that even after the User’s account is terminated for any
reason, these Terms shall survive such termination, and continue to operate in
full force and effect, except for any terms that by their nature expire or are
fully satisfied.
6.
NON-COMMERCIAL
USE
The
Service is only for the personal use of the User. The User may not use the
Service or any content contained in the Service (including, but not limited to the
designs, concept, text, graphics, images, videos, blogs, medical advice,
prescriptions, idea, information, logos, software, audio files and/or computer
code) in connection with any commercial endeavours, including but not limited
to advertising or soliciting any individual to buy or sell any products or
services not offered by the Company or through the Application. The User may
not use any information obtained from the Service to contact, advertise,
solicit, or sell any product/service to any individual, either within the
Application or otherwise. The User is also expressly and categorically
prohibited from offering or posting about any products or services that are in
competition with the Service, or otherwise promote or furnish contact details
with respect to Physicians / Hospitals not listed / registered on the Application.
The User expressly and unconditionally agrees to not use the Application or
Service for any use not intended or specifically provided fo by these Terms
without the express written permission of the Company. Organizations,
companies, and/or businesses may not use / view / access the Application or the
Service for any purpose, or in any manner whatsoever. Individuals representing
such organizations, companies, and/or businesses are also similarly expressly
and categorically prohibited from using / viewing / accessing the Application. The
Company may investigate and take any available legal action in response to
illegal and/or unauthorized uses of the Application / Service, including without
limitation the collection of usernames and/or email addresses of Users by
electronic or other means, for the purpose of sending unsolicited emails. The
User hereby expressly agrees and undertakes not to disseminate or make
available to any individual, any and all information and material the User may
come into contact with or receive, whether directly or indirectly, during its
use of the Application and Service, whether or not such information / material
is sent to / targeted at the User.
7.
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 is expressly aware and unconditionally agrees
that no part of the Service is in any way indented to constitute medical
advice, and that the responsibility for any act or omission by the User arising
from the User’s use of the Application / Service is solely attributable to the
User. The User agrees to absolve the Company from, and indemnify the Company
against, all claims that may arise as a result of the User’s actions resulting
from the User’s use of the Application / Service. 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.
8.
PROPRIETARY
RIGHTS
a)
The
User is aware that the Company owns and retains all proprietary rights in the
Application and Service, and in all content, copyrights, trademarks, trade
names, service marks and other intellectual property rights related thereto,
whether or not the Company has applied for / obtained registration for such
intellectual property. The Application and Service contain the copyrighted
material, trademarks, and other proprietary information of the Company and its
licensors, and the User agrees not to copy, modify, transmit, create any
derivative works from, make use of, or reproduce in any way any copyrighted
material, trademarks, trade names, service marks, or other intellectual
property or proprietary information accessible through the Service, without
first obtaining the prior written consent of the Company, or if such property
is not owned by the Company, the owner of such intellectual property or
proprietary rights. The User agrees to not remove, obscure or otherwise alter
any proprietary notices appearing on any content, including copyright,
trademark and other intellectual property notices.
b)
The
User is further aware that all images, content, trademarks, trade names,
service marks and other intellectual property rights used in relation to the Hospital
are the proprietary information of the Hospital, and the User agrees not to
copy, modify, transmit, create any derivative works from, make use of, or
reproduce in any way any copyrighted material, trademarks, trade names, service
marks, or other intellectual property or proprietary information accessible
through the Service, without first obtaining the prior written consent of the Hospital,
or if such property is not owned by the Hospital, the owner of such
intellectual property or proprietary rights. The User agrees to not remove,
obscure or otherwise alter any proprietary notices appearing on any content,
including copyright, trademark and other intellectual property notices.
c)
The
User is aware and expressly acknowledges that all videos, blog posts, and other
material shared by Physicians, including without limitation medical opinions,
advice, and prescriptions, are the sole and exclusive proprietary content and
intellectual property of the Company. The User is categorically prohibited from
copying or disseminating the same, and/or from making the same available to any
other person or entity. The aforesaid materials are solely and exclusively meant
for the personal use of the User, and the User is only entitled to view and
access the same for the duration that the it maintains an active account on the
Application, and remains eligible to avail of the Service.
9.
INFORMATION
SUPPLIED BY THE USER
a)
The
User expressly acknowledges and agrees that it is solely and entirely responsible
for the content and information that it shares, supplies, posts, uploads,
publishes, links to, transmits, records, displays or otherwise divulges / makes
available to the Company / Physician / Hospital through the Application, directly
or indirectly, including without limitation queries, symptoms, Vitals, readings,
test results, geographical location, pictures, videos, contacts, purchase
history and web browsing history(“Information”),
whether publicly posted or privately transmitted, and whether or not such
Information is directly supplied by the User through the Application, or
indirectly collected by the Application from the User’s mobile device /
computer / platform, or account history. The User expressly acknowledges and
agrees that the Company shall not in any manner whatsoever be liable for any
guidelines / instructions / information / advice / prescriptions / course of
treatment / opinion / impression / interpretation given to the User by a
Physician / Hospital, or any manner of injury, loss, or damage suffered by the
User as a result of the User following any of the aforesaid or the User acting
in any manner pursuant thereof, and that the use of the Application and the
Service is in no way intended to be a substitute for the User visiting a
certified medical practitioner qualified to diagnose the User, or for the User undergoing
periodical health checkups by a certified medical practitioner. The User is
expressly aware and unconditionally agrees that no part of the Service is in
any way indented to constitute medical advice, and that the responsibility for
any act or omission by the User arising from the User’s use of the Application
/ Service is solely attributable to the User. The User agrees to absolve the
Company from, and indemnify the Company against, all claims that may arise as a
result of the User’s actions resulting from the User’s use of the Application /
Service.
b)
The
User may not Post as part of the Service, or transmit to the Company /
Physician / Hospital (either on or off the Application), any offensive,
inaccurate, incomplete, abusive, obscene, profane, threatening, intimidating,
harassing, racially offensive, or illegal material, or any material that
infringes or violates another person’s rights (including intellectual property
rights, and rights of privacy and publicity). The User represents and warrants
that (i) all information that the User submits upon creation of the account is
accurate and truthful, and that the User will promptly update any information
that subsequently becomes outdated, inaccurate, incomplete, misleading or false
and (ii) the User has the right to post the Information on the Application and
grant the licenses set forth below, and all of the aforesaid Information
pertains to the User.
c)
The
User understands and agrees that neither the Company nor the Physician / Hospital
is obligated to monitor, review, or respond to any Information the User posts
as part of the Service. The User further understands and agrees that neither
the Company nor the Physician / Hospital makes any guarantees or assurances
with respect to the swiftness of the Physician / Hospital to monitor, review,
or respond to any information posted by the User, or the accuracy / correctness
of any such response, if any. Further, the Company may delete any Information,
in whole or in part, that in the sole judgment of the Company violates these
Terms or may harm the reputation of the Application, Website, Service, Company,
Physician, or Hospital. The User is fully aware that the use of the Application
and the Service is in no way intended to be a substitute either for the User immediately
informing its medical practitioner of any developments / symptoms that might
occur and immediately seeking professional medical assistance in that respect,
or for the User undergoing periodical health checkups by a certified medical
practitioner. The User is expressly aware and unconditionally agrees that no
part of the Service is in any way indented to constitute medical advice, and
that the responsibility for any act or omission by the User arising from the
User’s use of the Application / Service is solely attributable to the User. The
User agrees to absolve the Company from, and indemnify the Company against, all
claims that may arise as a result of the User’s actions resulting from the
User’s use of the Application / Service.
d)
By
posting Information as part of the Service, the User automatically grants to
the Company, its affiliates, licensees and successors, an irrevocable,
perpetual, non-exclusive, transferable, sub-licensable, fully paid-up,
worldwide right and license to (i) use, copy, store, perform, display,
reproduce, record, play, adapt, modify and distribute the content, (ii) prepare
derivative works of the content or incorporate the content into other works,
and (iii) grant and authorize sublicenses of the foregoing in any media now
known or hereafter created. The User represents and warrants that any posting
and use of the User’s Information by the Company will not infringe or violate
the rights of any third party.
e)
The
User may not post, upload, display or otherwise make available content that:
i.
promotes
racism, bigotry, hatred or physical harm of any kind against any group or
individual;
ii.
advocates
harassment or intimidation of another person;
iii.
requests
money from, or is intended to otherwise defraud, other users of the Service;
iv.
involves
the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing
or “spamming” (or “spimming”, “phishing”, “trolling” or similar activities);
v.
promotes
information that is false or misleading, or promotes illegal activities or
conduct that is defamatory, libellous or otherwise objectionable;
vi.
promotes
an illegal or unauthorized copy of another person’s copyrighted work, including
without limitation providing pirated computer programs or links to them,
providing information to circumvent manufacture-installed copy-protect devices,
or providing pirated images, audio or video, or links to pirated images, audio
or video files;
vii.
contains
video, audio, photographs, or images of another person without his or her
permission (or in the case of a minor, the minor’s legal guardian);
viii.
contains
restricted or password only access pages, or hidden pages or images (those not
linked to or from another accessible page);
ix.
provides
material that exploits people in a sexual, violent or other illegal manner, or
solicits personal information from anyone under the age of 18;
x.
provides
instructional information about illegal activities such as making or buying
illegal weapons or drugs, violating someone’s privacy, or providing,
disseminating or creating computer viruses;
xi.
contains
viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or
disruptive codes, components or devices;
xii.
impersonates,
or otherwise misrepresents affiliation, connection or association with, any
person or entity;
xiii.
provides
information or data the User do not have a right to make available under law or
under contractual or fiduciary relationships (such as inside information,
proprietary and confidential information);
xiv.
disrupts
the normal flow of dialogue, causes a screen to “scroll” faster than other
users are able to type, or otherwise negatively affects other users’ ability to
engage in real time exchanges;
xv.
solicits
passwords or personal identifying information for commercial or unlawful
purposes from other users or disseminates another person’s personal information
without his or her permission; and
xvi.
publicizes
or promotes commercial activities and/or sales without our prior written
consent such as contests, sweepstakes, barter, advertising, and pyramid
schemes.
xvii.
the
Company, in its sole and exclusive determination, deems to be a violation of
these Terms or an otherwise undesirable addition to the Service / Application.
f)
The
Company reserves the right, in its sole discretion, to investigate and take any
legal action against any User who violates these provisions, including removing
the offending Information from the Service and terminating or suspending the
account of the User. Provided however, that the Company shall be under no
obligation to investigate any such incident in order to take the aforesaid
action.
g)
The
User’s use of the Service, including all Information posted by the User through
the Service, must comply with all applicable laws and regulations. The User
agrees and acknowledges that the Company may access, preserve and disclose the
User account information and Information if required to do so by law, or if it
in good faith believes that such access, preservation or disclosure is
reasonably necessary, to: (i) comply with any legal process; (ii) enforce these
Terms; (iii) respond to claims that any content violates the rights of third
parties; (iv) respond to the User’s requests for customer service, or allow the
User to use the Service in the future; or (v) protect the rights, property or
personal safety of the Company, Hospital, or any other person.
h)
The
User agrees that any Information the User posts on the Service may be used by
the Company and may be disclosed to third parties at the sole discretion of the
Company, and as governed by the Policy, and the User hereby expressly consents
to the same.
10.
THE
FORUM
The
User is aware and expressly acknowledges that no doctor-patient relationship is
established between any Physician and User on the Forum. Physicians will not issue
and/or prescribe any medication on the Forum, and the User is aware and
expressly acknowledges that the Company makes no guarantee that any Physician
will respond to the User’s query at all. The Forum is a platform only meant for
the exchange of basic information, and is not in any manner intended to be a
consultation or any other form of medical advice.
11.
APPOINTMENTS
a)
The
User may book an e-Appointment with any Physician registered on the Application,
either immediately or at a particular time slot, based on the availability of
the Physician in question. Each Physician’s rates for text, audio, and video
calls will be displayed prominently on the Physician’s profile, and the User
will be required to make complete payment in advance in order to avail of the
e-Appointment Service. In the event of the User not being present online and on
time for its e-Appointment, the same will be considered as a no-show (“No-Show”). In the event of a No-Show,
the User will not be entitled to a refund under any circumstances.
Notwithstanding the foregoing, the User may cancel or reschedule an Appointment
/ e-Appointment within six (6) hours of booking the Appointment / e-Appointment.
In such case, the User will be entitled to a full refund, less the Company’s
handling fees, if any.
b)
In
the event of a No-Show in respect of a physical in-person Appointment, the User
shall be required to pay the full amount payable for such Appointment, and the
User does hereby expressly and unconditionally authorize and permit the Company
to debit such amount from the User’s wallet or deduct / offset the same from any
credit payable to the User, and/or charge the same to the User’s credit card.
If the User fails or refuses to make such payment within three (3) days of the
No-Show, the Company shall, in addition to its other remedies in law and
equity, be entitled to suspend / terminate / disable the User’s account,
preventing the User from being able to access the Application / avail of the
Service. Notwithstanding the foregoing, the User shall have one (1) days from
the date of No-Show to establish that it had a legitimate reason for the
No-Show. Any such legitimate and genuine reasons may result, at the sole
discretion of the Company, a waiver of any fees payable in respect of the
Appointment, and/or the rescheduling of the Appointment / e- Appointment.
c)
The
provisions of Clause 11 b) hereinabove shall apply (as modified to suit the
context) t0 Home Consult visits in which the User is not present, or refuses to
avail of the Service.
d)
In
the event of the Physician with whom User has booked an Appointment or e-Appointment
being absent or otherwise unable to meet the User, the User will be required to
notify the Company of the same within one (1) day from the occurrence of such
event, in order to avoid any of the aforementioned penalties and/or obtain a
refund, if applicable.
The User is aware that any refund made will
at most be equal to the amount actually paid by the User, and shall not include
any discount value / promotion applied or provided by the Company.
12.
PROHIBITED
ACTIVITIES
The
Company reserves the right to investigate, suspend and/or terminate the User’s
account if the User has misused the Service or behaved in a manner the Company determines
to be inappropriate or unlawful, including actions or communications that occur
outside the Application, but involves the Service or information obtained
through the Service, at the Company’s sole and exclusive determination. The
following is a non exclusive list of actions and activities that the User is
not permitted to engage in while availing of the Service:
a)
impersonate
any person or entity;
b)
solicit
/ extort money from any individual(s);
c)
Offer
money to any individual, for any reason whatsoever;
d)
post
any content that is prohibited by these Terms or any applicable law currently
in force;
e)
stalk
or otherwise harass any person;
f)
harm
a minor, or minors in general, in any manner whatsoever;
g)
engage
in any manner of activity that is grossly harmful, harassing, blasphemous
defamatory, obscene, pornographic, paedophilic, libellous, invasive of
another's privacy, hateful, racially / ethnically objectionable, disparaging,
relating to or encouraging money laundering or gambling, or otherwise unlawful
in any manner whatever;
h)
engage
in any manner of activity that threatens the unity, integrity, defence,
security or sovereignty of India, friendly relations with foreign states, public
order, causes incitement to the commission of any cognizable offence, prevents the
investigation of any offence, or is insulting any other nation;
i)
engage
in any form of antisocial, disrupting, or destructive acts, including without
limitation "flaming", "spamming", "flooding",
"trolling", "phishing" and "griefing";
j)
express
or imply that any statements the User makes are endorsed by the Company / Physician
/ Hospital without the Company’s / Physician / Hospital’s specific prior
written consent;
k)
use
the Service in an illegal manner, or to commit an illegal act;
l)
access
the Service in a jurisdiction in which it is illegal, unauthorized, or not
intended to be used;
m)
conceal
the identity, source, or destination of any illegally gained money or products;
n)
use
any robot, spider, site search/retrieval application, or other manual or
automatic device or process to retrieve, index, “data mine”, or in any way
reproduce or circumvent the navigational structure or presentation of the Application
/ Service or its contents;
o)
collect
usernames and/or email addresses of users by electronic or other means for the
purpose of sending unsolicited email or unauthorized framing of or linking to
the Application / Service;
p)
interfere
with or disrupt the Application / Service or the servers or networks connected
to the Application / Service;
q)
email
or otherwise transmit any material that contains software viruses or any other
computer code, files or programs designed to interrupt, destroy or limit the
functionality of any computer software or hardware or telecommunications
equipment;
r)
forge
headers or otherwise manipulate identifiers in order to disguise the origin of
any information transmitted to or through the Application / Service (either directly
or indirectly through use of third party software);
s)
“frame”
or “mirror” any part of the Application / Service, without the Company's prior
written authorization;
t)
use
meta tags or code or other devices containing any reference to the Company / Physician
/ Hospital / Application/ Service (or any trademark, trade name, service mark,
logo or slogan of the Company) to direct any person to any other website for
any purpose;
u)
modify,
adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or
otherwise disassemble any portion of the Application / Service any software
used on or for the Service, or cause others to do so;
v)
post,
use, transmit or distribute, directly or indirectly, (e.g. screen scrape) in
any manner or media any content or information obtained from the Application / Service
other than solely in connection with the User use of the Service in accordance
with these Terms; and
w)
access
the Application / Service through a virtual private network (VPN), web proxy,
tunnelling, onion router / browser, or through any manner of software /
hardware that masks or disguises the User’s information, location, and other
internet based identifiers.
13.
CUSTOMER
SERVICE
By
using the Application/Service and/or being in possession of an active account,
the User hereby expressly and unconditionally authorizes the Company to contact
it by any manner the Company deems fit, including without limitation emails, text
messages, phone calls, and Whatsapp messages. The User is aware and expressly
agrees that such communication may be for a variety of reasons, including in
relation to a Service the User has opted for; imparting product knowledge;
offering promotional or limited time offers; offering reminders about upcoming
Appointments, e-Appointments, or Home Consults; and to request feedback or an
experience survey relating to any Service the User has availed of. The User is
aware and expressly agrees that such communication shall be made irrespective
of whether the User has registered itself under DND, DNC or any similar
service, and the User does hereby authorize the Company and its employees /
agents / customer service representatives to communicate with it for the
duration that the User maintains an active account, and for a period of 2 (two)
years thereafter. When communicating with the said customer care
representatives, the User agrees to not be abusive, obscene, profane,
offensive, sexist, threatening, harassing, racially offensive, and to not
otherwise behave inappropriately. If the Company is of the impression that the
User’s behaviour towards any of the said customer care representatives or other
employees of the Company is at any time threatening or offensive as described
hereinabove, the Company reserves the right to immediately terminate the User’s
account. The User is aware and agrees that all interactions with the Company’s
customer care representatives, including text chats, emails, and voice calls,
may be recorded and stored indefinitely for future use, even after the user
ceases to maintain an active account on the Application.
14.
MODIFICATIONS
TO SERVICE
The
Company reserves the right at any time to modify or discontinue, temporarily or
permanently, the Application or Service (or any part thereof) with or without
notice. The User agrees and acknowledges that the Company shall not be liable
to the User, or to any third party for any modification, suspension or
discontinuance of the Service. To protect the integrity of the Service, the
Company reserves the right to block users from certain IP addresses from accessing
the Service, at any time and at its sole discretion.
15.
DISCLAIMERS
a)
The
User expressly and unconditionally acknowledges and agrees that neither the
Company, nor its affiliates or third party partners, shall be responsible for, nor
shall they be deemed to have any liability - directly or indirectly, for any
loss or damage, including personal injury or death, as a result of or alleged
to be the result of (i) any response to Information posted in the Application,
whether or not caused by the User posting incorrect or inaccurate Information, delay
in the Physician monitoring / responding to such Information posted by the
User, any equipment or programming associated with or utilized in the Application
/ Service, or otherwise; (ii) the timeliness, deletion or removal, incorrect
delivery, failure to store, or failure to communicate to Physicians, any Information,
content, communications or personalization settings of the User; (iii) the
conduct, whether online or offline, of any user or employee / affiliate of the
Company, or the Physician; (iv) any error, omission or defect in, interruption,
deletion, alteration, delay in operation or transmission, theft or destruction
of, or unauthorized access to, the User, User communications or Information;
(v) any problems, failure or technical malfunction of any telephone network or
lines, computer online systems, servers or providers, computer equipment,
software or failure of the Application / Service, on account of technical
problems or traffic congestion on the internet or at any website or combination
thereof, including death, injury or damage to Users or to any other person’s
computer or device related to or resulting from participating or downloading materials
in connection with the internet and/or in connection with the Application / Service.
(vi) Any loss, damage, death or injury whatsoever, whether direct, indirect,
general, special, compensatory, consequential, and/or incidental, caused due to
or alleged to be caused due to the actions or inactions of the Physician / Hospital
or Company, or any of their employees/personnel, or any unrelated third party;
(vii) any manner of injury, damage, or loss caused to the User or any third
party connected to the User (either directly or indirectly), as a result
(either directly or indirectly) of the User failing to comply with the precise
instructions given to the User by the Physician / Hospital; (viii) any manner
of injury, damage, or loss caused to the User or any third party connected to
the User (either directly or indirectly), as a result (either directly or
indirectly) of the User complying with the precise instructions given to the
User by the Physician / Hospital, including without limitation any
misdiagnoses, side effects from treatment, effects of incorrect treatment, and any
delays caused in starting the correct treatment; and the User hereby expressly and
unconditionally acknowledges and agrees that the Company shall not have any
responsibility or liability whatsoever with respect to the same, or in any
other manner whatsoever.
b)
The
User is aware and acknowledges that to the maximum extent allowed by applicable
laws, the Company provides the Service on an “as is” and “as available” basis,
and grants no warranties of any kind, whether express, implied, statutory or
otherwise with respect to the Service (including all content contained
therein), including (without limitation) any implied warranties of satisfactory
quality, merchantability, fitness for a particular purpose or non-infringement.
The Company does not represent or warrant that the Service will be
uninterrupted or error free, secure or that any defects or errors in the
Service will be corrected. The User further agrees and understands that the
Company is in no manner involved with or responsible for the information /
guidance / instructions provided by the Physician / Hospital, and merely provides
a means of communication and facilitation between the Physician / Hospital and
the User. The User is expressly aware and unconditionally agrees that the Company
in no manner provides any warranties or guarantees in respect of the Service,
or the Physician’s / Hospital’s aptitude, qualifications, permissions,
licences, or eligibility to practice medicine / provide services.
c)
The
User is further aware and acknowledges that any material downloaded or
otherwise obtained through the use of the Application/ Service is accessed by
the User at its own discretion and risk, and the User will be solely
responsible for and does hereby waive any and all claims and causes of action
with respect to any damage to the User’s device, computer system, internet
access, download or display device, or loss or corruption of data that results
or may result from the download of any such material.
d)
The
Company may make content posted by Physicians, third party opinions, advice,
statements, offers, or other third party information or content available
through the Service. The User is aware that all such content is the
responsibility of the respective authors thereof, and the Company does not make
any warranties or guarantees with respect to the same. The User is further
aware that the Company does not: (i) guarantee the accuracy, completeness, or
usefulness of any content provided through the Service, or (ii) adopt, endorse
or accept responsibility for the accuracy or reliability of any opinion,
advice, or statement made by any party that appears in the Service. The User
agrees and acknowledges that under no circumstances will the Company or its
affiliates be responsible or liable for any loss or damage resulting from the
user reliance on information or other content posted in the Service /
Application, or transmitted to or by any other users.
e)
The
User is aware and expressly and unconditionally agrees that any advice /
treatment / instructions / guidance provided as part of Wellness under the
Service is purely meant to be placebo at best, and has no proven scientific or
medical benefits. The Company makes absolutely no warranties or guaranties with
respect to the same, and all the provisions of these terms shall also apply to
any Wellness related Services availed of by the User. Wellness Services are in
absolutely no manner intended to provide any manner of therapeutic effect or
benefit, and in not any means of substitute for actual medical treatment from a
certified medical practitioner, irrespective of what might be claimed by any
individual or entity on the Application, including Physicians. The User is
expressly aware and unconditionally agrees that no part of the Service is in
any way indented to constitute medical advice, and that the responsibility for
any act or omission by the User arising from the User’s use of the Application
/ Service is solely attributable to the User. The User agrees to absolve the
Company from, and indemnify the Company against, all claims that may arise as a
result of the User’s actions resulting from the User’s use of the Application /
Service.
f)
The
User is express aware, and unconditionally agrees that the Company is not in any
manner involved in the provision of any healthcare or medical advice or
diagnosis, and hence is not responsible for any outcome between the User and
the Physician. If the User elects to engage with a Physician to avail of Services,
the User does so at its own risk. The User shall be required to perform its own
investigation and diligence with respect to the Physician’s qualifications,
licence to practice, and ability prior to availing of any Service from such
Physician. The Company shall not be responsible for any breach of service,
deficiency of service, malpractice, negligence (whether civil, criminal, or tortuous),
or be otherwise liable for Physicians in any manner whatsoever.
g)
The
User is expressly aware and unconditionally agrees that the Company’s role is
limited to providing a platform for the Services, and facilitating the interaction
between the User and Physicians / Hospitals. The User expressly and
unconditionally agrees that the Company’s role is that of an 'intermediary' as
defined under the Information Technology Act, 2000, and the rules thereunder. The
User is further expressly aware that being an intermediary, the Company has absolutely
no responsibility and/or liability in respect of the Services /Application. The
User is expressly aware and unconditionally agrees that the Company does not
endorse / influence control over any particular branch of medicine, theory,
opinion, viewpoint or position on any topic, and that the same are solely and
exclusively attributable to the Physicians who propagate the same.
h)
The
User is expressly aware and unconditionally agrees that the Company does not
have any obligation to pre-screen or monitor any content posted on the
Application at any time. Further, the Company is also under absolutely no
obligation to remove any content available on the Application, irrespective of
whether the same has been posted by a User/Physician, or whether the same
violates these Terms, even if the Company has been notified of the same in
writing. Notwithstanding the foregoing, the Company retains the right to monitor
and/or remove any content that the Company determines in its sole discretion to
be in violation of these Terms, any applicable law, or contrary to the
Company’s own business practices.
i)
The
Company retains the right to inform relevant government or law enforcement
authorities in the event of any suspected illegal, wrongful or fraudulent
activity on the Application. The User is expressly aware that the Company will
cooperate in all investigative procedures or requests for access or information
initiated by any such government or law enforcement authority, without any
obligation to notify the User of the same.
If
the User does not accept these disclaimers, the User is not authorized to download
or obtain any material or content through the Service, and is required to
immediately cease using the Application and delete the same from its mobile
device / computer / platform.
16.
LINKS
The
User is aware that the Service / Application may contain or provide
advertisements and/or promotions offered by third parties and links to other
websites or resources. The User acknowledges and agrees that the Company is not
responsible for the availability of such external websites or resources, and
that the Company does not endorse and is not responsible or liable for any
content, information, statements, advertising, goods or services, or other
materials on or available from such websites or resources. User correspondence
or business dealings with, or participation in promotions of, third parties
found in or through the Application / Service, including payment and delivery
of related goods or services, and any other terms, conditions, warranties or
representations associated with such dealings, are solely between the User and
such third party. The User further acknowledges and agrees that the Company
shall not be responsible or liable, directly or indirectly, for any damage or
loss caused or alleged to be caused by or in connection with the use of, or
reliance upon, any such content, information, statements, advertising, goods or
services or other materials available on or through any such website or
resource.
17.
LIMITATION
OF LIABILITY
To
the fullest extent allowed by applicable law, in no event will the Company, or
any of its affiliates, business partners, licensors or service providers be
liable to the User or any third person for any indirect, consequential,
exemplary, incidental, special or punitive damages, including, without
limitation, death, injury, trauma, loss of profits, loss of goodwill, damages
for loss, corruption or breaches of data or programs, service interruptions and
procurement of substitute services, even if the Company has been advised of the
possibility of such damages. Notwithstanding anything to the contrary contained
herein, the Company's liability to the User for any cause whatsoever, and
regardless of the form of the action, will at all times be limited to the
amount paid, if any, by the User to the Company for the Service while the User
maintains an account. The User agrees that regardless of any statute or law to
the contrary, any claim or cause of action arising out of or related to use of
the Service or these Terms must be filed within One (1) year after such claim
or cause of action arose or be forever barred. The
Parties expressly agree that in the event of any statute, rule, regulation or
amendment coming into force that would result in the Company/ Website/Application
incurring any form of liability whatsoever, these Terms and the Policy will
stand terminated one (1) day before the coming into effect of such statute,
rule, regulation or amendment, and the User shall be categorically prohibited
from using the Application / Service with immediate effect, even if the same
has not been taken offline by the Company.
18.
INFORMATION COLLECTED FROM THE
USER'S DEVICE
The
User is aware and hereby expressly acknowledges and agrees that the Company may
access, store and disseminate information collected from the User's device
through the Application, whether or not such information/material is supplied
directly by the User or has been collected by the Application, including
without limitation the User's Information.
19.
DISPUTE RESOLUTION AND JURISDICTION
It is expressly agreed to by the Parties
hereto that the formation, interpretation and performance of the Terms and/or
Policy, and any disputes arising therefrom, 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, at shall have exclusive jurisdiction over any
disputes arising between the Parties.
20.
INDEMNITY
BY THE USER
The User agrees to indemnify
and hold the Company, and its subsidiaries, affiliates, officers, agents,
partners and employees, harmless from any loss, liability, claim, or demand,
including reasonable attorney's fees, made by any third party due to or arising
out of the User’s breach of or failure to comply with these Terms, any Information
the User posts in the Application, as well as any violation by the User of any
law or regulation currently in force. The Company reserves the right to assume
the exclusive defense and control of any matter otherwise subject to
indemnification by the User, in which event the User will fully cooperate with
the Company in connection therewith, and hereby expressly agrees to bear the entire
cost thereof.
21.
NOTICES
Any
and all communication relating to any dispute or grievance experienced by the
User may be communicated to the Company by the User reducing the same to
writing, and sending the same to the registered office of the Company by
Registered Post Acknowledgement Due / Speed Post Acknowledgement Due (RPAD / SPAD). The User may also
directly contact the Company’s grievance officer at grievance@nizcare.com.
All communication to the User shall be to the User’s registered email id, or
directly through the Application, and shall be deemed delivered on the same date
it was sent to the User.
22.
MISCELLANEOUS PROVISIONS
a)
Entire Agreement: These Terms, read with the
Policy and any specific guidelines or rules that are separately posted for
particular services or offers in the Service, comprises the entire agreement
between the User and the Company regarding the User’s use of the Application
and Service. If any provision of these Terms or the Policy is held invalid by
any court or governmental authority of requisite jurisdiction, the remainder of
these Terms shall continue in full force and effect and the Parties shall
attempt to give full effect to their original intention.
b)
Waiver:
The failure of either Party at any time to require performance of any provision
of these Terms shall in no manner affect such Party's right at a later time to
enforce the same. No waiver by either Party of any breach of these Terms,
whether by conduct or otherwise, in any one or more instances, shall be deemed
to be or construed as a further or continuing waiver of any such breach, or a
waiver of any other breach of these Terms.
c)
Severability:
If any provision/clause of these Terms is held to be invalid, illegal or
unenforceable by any court or authority of competent jurisdiction, the
validity, legality and enforceability of the remaining provisions/clauses of
these Terms shall in no way be affected or impaired thereby, and each such
provision/clause of these Terms shall be valid and enforceable to the fullest
extent permitted by law. In such case, these Terms shall be reformed to the
minimum extent necessary to correct any invalidity, illegality or
unenforceability, while preserving to the maximum extent the original rights,
intentions and commercial expectations of the Parties hereto, as expressed
herein.
d)
Non-Transferability: The User agrees that its
account is non-transferable and all of the User’s rights to the profile or
contents within the account shall terminate upon the User’s death, deletion of
the User’s account, or termination of the User’s access to the Service. The
User is aware that it is not permitted to allow another individual to use of
access its personal account, or use the Application / Service in any manner
whatsoever, except as provided for in this Clause 22 (d). The User is
specifically and categorically prohibited from making any manner of booking on
the Application for any individual other than the User itself, except as
provided for in this Clause 22 (d). Notwithstanding the foregoing, the User
shall be permitted to avail of the Services for its immediate family, i.e., the
User’s parents, spouses, siblings, children, and their respective spouses (“Family”), provided however that the
User shall compulsorily be required to disclose the same prior to availing of
the Services, by using the distinct and separate options to book for ‘Family
and Loved Ones’ on the Application. In such an event, the User is aware that
the Application may require the User to input Information regarding the Family
member in question. The User is expressly aware and unconditionally agrees that
it alone shall be responsible and liable for any Family member that avails of
the Service, and that all the provisions of these Terms shall continue to valid
and binding on the User and its Family. The User does hereby expressly and
unequivocally agree and guarantee to indemnify and hold harmless the Company
from any and all claims arising from the use of the Service by any Family
member, and the User does hereby expressly and unconditionally assume all
liability relating thereto.
e)
Penalty: In the event of any breach
in of these Terms, and notwithstanding the Company’s other options in law and
equity, the User expressly agrees to be liable to pay to the Company a sum of
INR 5,000/- as
penalty, without demur or delay, and without being entitled to avail of the Service.
In such an event, the Company shall also retain the right to suspend / block /
delete the User’s account.
f)
Relationship between the
Parties: The
User is aware and agrees that no agency, partnership, joint venture or
employment is created as a result of these Terms, and the User may not make any
representations or bind the Company in any manner whatsoever.
g)
No Professional Relationship: The User is aware that various
content, including text, data, graphics, images, information, suggestions,
guidance, and other material that may be available on the Application
(including information provided in direct response to the User’s questions or posts)
may be provided by Physicians. The User is however aware and unconditionally
agrees that the provision of such content to it does not constitute delivery of
health care or diagnostic services to the User, and does not create a professional
relationship between the User and the Company.
h)
Advice of Counsel: Each Party expressly and
unconditionally acknowledges to having fully read the Terms in its entirety,
and having had full opportunity to have the same studied and reviewed by a
licensed legal professional.
i)
No Medical Advice Provided: The content provided on the
Application, either by the Company or by Physicians, should not be construed
under any circumstances to be an opinion, medical advice, diagnosis, or
treatment of any particular condition. The User is expressly aware and
unconditionally agrees that if it relies on any of the information/content displayed
on the Application, it does so solely at its own risk. The aforesaid content /
information is solely intended for informational and scheduling purposes only.
j)
Non-substitution of professional
medical advice:
The information provided on the Application and in any other communications
from or through the Service / Physicians is not intended to be substitutes for,
nor does it replace, professional medical advice, diagnosis, and/or treatment. The
User is expressly directed not to disregard, avoid or delay obtaining medical
advice from a qualified medical professional because of advice that the User might
have obtained through the Application / Service. The User’s use of information provided
on the Application is solely at its own risk. Nothing stated or published / posted
on the Application or available through the Service is intended to be the
practice of medicine, or the provision of medical care. The User is expressly
aware and unconditionally agrees and confirms that the Company shall not be
responsible for the User’s treatment, or be treated as a health care provider
on account of the Company’s collection of consultation fees or any other fees
on behalf of a Physician, for any reason whatsoever.