TERMS AND CONDITIONS OF SERVICE AND USE
1. GENERAL
a. This document is an electronic record in terms of Information Technology Act, 2000
and rules thereunder as applicable, and the amended provisions pertaining to electronic
records in various statutes, as amended by the Information Technology Act, 2000.
b. This electronic record is generated by a computer system and does not require any
physical or digital signatures. 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 Web Application (hereinafter referred to as the
“Website”) or the Android App ‘qEase’ which is owned and operated by [.]
(hereinafter referred to as the “Company”), having its offices at [.]; 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.
c. For the purpose of these Terms of Use (“Terms”), wherever the context so requires,
i. The term ‘You’ &‘User’, shall mean any legal person or entity accessing or
using the services provided on this Website, who is competent to enter into
binding contracts, as per the provisions of the Indian Contract Act, 1872.
ii. ‘You’ where the context relates to ‘Health Service Provider’, and ‘Health
Service Provider’ means any legal person or business entity, as the case may be,
looking to access or use the services provided on this Website for business
purposes as a doctor/clinic owner/receptionist, who is competent to enter into
binding contracts, as per the provisions of the Indian Contract Act, 1872.
iii. The terms ‘we’, ‘us’, ‘our’ shall mean the Website and/or the Company, as the
context so requires.
iv. The term ‘Services’ shall mean the business of providing a software as a service
(SaaS) for an outpatient setup, used by patients (Users), clinic owners, support
staff and doctors.
v. The terms ‘Party’ and ‘Parties’ shall respectively be used to refer to the
User/Health Service Provider and the Company individually and collectively, as
the context so requires.
d. 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.
e. The use of this Website by the User/Health Service Provider is solely governed by these
Terms as well as the Privacy Policy, and any modifications or amendments made thereto
by the Company, from time to time, at its sole discretion.If You continue to access and
use this Website, You are agreeing to comply with and be bound by the following Terms
and Conditions of Use and Our Privacy Policy. The User/Health Service Provider
expressly agrees and acknowledges that these Terms and Policy are co-terminus in
nature, and that expiry/termination of either one will lead to the termination of the other.
f. The User/Health Service Provider unequivocally agrees that these Terms and the
aforementioned Policy constitute a legally binding agreement between the User/Health
Service Provider and the Company, and that the User/Health Service Provider shall be
subject to the rules, guidelines, policies, terms, and conditions applicable to any service
that is provided by the Website, and that the same shall be deemed to be incorporated
into these Terms, and shall be treated as part and parcel of the same. The User/Health
Service Provider acknowledges and agrees that no signature or express act is required
to make these Terms and the Policy binding on the User/Health Service Provider, and
that the User/Health Service Provider’s act of visiting the any part of the Website
constitutes the User/Health Service Provider’s full and final acceptance of these Terms
and the aforementioned Policy.
g. The Company reserves the sole and exclusive right to amend or modify these Terms
without any prior permission or intimation to the User/Health Service Provider, and the
User/Health Service Provider expressly agrees that any such amendments or
modifications shall come into effect immediately. The User/Health Service Provider has
a duty to periodically check the terms and stay updated on its requirements. If the
User/Health Service Provider continues to use the Website following such a change, the
User/Health Service Provider will be deemed to have consented to any and all
amendments/modifications made to the Terms. In so far as the User/Health Service
Provider complies with these Terms, it is granted a personal, non-exclusive, non-
transferable, revocable, limited privilege to access and use the Website and the
Services.If the User/Health Service Provider does not adhere to the changes, You must
stop using the Services at once. Your continuous use of the Services will signify your
acceptance of the changed terms.
2. REGISTRATION
To fully avail the Services of the Website and use of it, a one-time registration is required to
create a profile, for both the User and Health Service Provider. You may access the Services by
signing in as User by providing the following information which shall include but not be limited
to Name, Age, Mobile Number, Email ID, and Street Address. Users may choose to only
provide name, age and gender if they choose to protect parts of their identity. The Website may
request other optional information, but the same shall be clearly indicated to be optional in
nature.
For Health Service Providers, the following information is required, which shall include but not
be limited to Name, Address, Phone Number, Aadhar/PAN, CIN, GSTIN, as required by the
Website, as well as a specific medical registration number that is required for the Website to
verify the Health User’s medical profile. The Website only lists evidence-based and /or
accredited registered and verified medical services and service providers, events, products, and
courses. This information is used to provide Users with important services via e-mail, and for
Users and Health Service Providers, information that may be customised to their demographic,
interests, professional lives, business requirements and desired experience.
Registration for this Website is available only to those above the age of 18 years, barring those
“Incompetent to Contract” which inter alia include insolvents. If you are a minor and wish to
use the Website as a User, You may do so through your legal guardian and the Company reserves
the right to terminate your account on knowledge of you being a minor and having registered
on the Website or availing any of its Services.
Further, at any time during Your use of this Website, including but not limited to the time of
registration, You are solely responsible for protecting the confidentiality of Your User/Health
Service Provider username and password, and any activity under the account shall be deemed
to have been done by You. In the case that you provide us with false and/or inaccurate details
or we have reason to believe you have done so, we hold the right to permanently suspend your
account. You agree that you will not disclose your password to any third party, and that you will
take sole responsibility for any activities or actions under your account, whether or not you have
authorized such activities or actions. You will immediately notify us of any unauthorized use of
your account.
3. SERVICE OVERVIEW
The Website/App is a portal where Users and Health Service Providers can ensure that through
a cloud-based, secure, encypted and intelligent software, an electronic prescription (EHR) is
generated that ensures patient safety, improves patient care and thereby increases efficiency of
Health Service Providers by efficient time management.
Users shall provide details of their current/past/family medical history, allergies, medication
history, physical examinations, laboratory/radiological investigations/reports, diagnoses and
other health data. Health Service Providers shall provide details of their education,
specialisation, address of practice, professional experience, achievements, Device IDs (IMEI)
and location. Users shall authorise particular Health Service Providers to view their past
medical records, through an OTP or Aadhar authentication. Health Service Providers (doctors)
can complete the prescription using the ‘advanced features’ provided, and the same can be
downloaded by the User as an encrypted PDF document via SMS/e-mail. Users can also access
their medical records online in a secure manner through the App. The Users can request for
remote consultations with Health Service Providers (doctors) for certain minor issues, through
voice, chat or video methods.
4. ELIGIBILITY
The User/Health Service Provider represents and warrants that they are competent and eligible
to enter into legally binding agreements and that they have the requisite authority to bind
themselves to these Terms, as determined solely by the provisions of the Indian Contract Act,
1872. The User/Health Service Provider may not use the Website if they are not competent to
contract under the Indian Contract Act, 1872, or are disqualified from doing so by any other
applicable law, rule or regulation currently in force.
5. CONTENT
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, brand
names, descriptions, sounds, music and artwork (collectively, ‘Content’), is generated/provided
or based on information provided by third parties (being the Users and Health Service
Providers) and We have no control and make no guarantees regarding the quality, the accuracy,
integrity or genuineness of such Content. All the Content displayed on the Website is subject
to copyright and shall not be reused by any party (or third party) without the prior written
consent of the Company and the copyright owner.
The Health Service Provider is solely responsible for the integrity, authenticity, quality and
genuineness of the content provided by the Health Service Provider on the Website, and whilst
feedback and comments by Users shall be made via the Website, the Website bears no liability
whatsoever for any feedback or comments made by the Users or Health Service Providers made
in respect of any of the content on the Website. Further, the Website reserves its right to suspend
the account of any Health Service Provider for an indefinite period to be decided at the
discretion of the Website, or to terminate the account of any Health Service Provider who is
found to have created or shared or submitted any Content or part thereof that is found to be
untrue/inaccurate/misleading. The Health Service Provider shall be solely responsible for
making good any financial or legal losses incurred through the creation/sharing/submission of
Content or part thereof that is deemed to be untrue/inaccurate/misleading.
The Users and Health Service Providers have a personal, non-exclusive, non-transferable,
revocable, limited privilege to access the Content on the Website. Users and Health Service
Providers shall not copy, adapt, and modify any content without written permission of the
Company.
6. TERM
These Terms shall continue to form a valid and binding contract between the Parties, and shall
continue to be in full force and effect until the User/Health Service Provider continues to
access and use the Website.
A User/Health Service Provider may terminate their use of the Website at any time. The
Company may terminate these Terms and close a User/Health Service Provider’s account at
any time without notice and/or suspend or terminate a User/Health Service Provider’s access
to the Website at any time and for any reason, in its sole discretion. Such suspension or
termination shall not limit our right to take any other action against you that we consider
appropriate.
It is also hereby declared that the Company may discontinue the Website without any prior
notice.
7. TERMINATION
The Company reserves the right, in its sole discretion, to unilaterally terminate the User/Health
Service Provider’s access to the Services, or any portion thereof, at any time, without notice
or cause. The Website also reserves the universal right to deny access to particular User/Health
Service Providers, to any/all of its Services without any prior notice/explanation in order to
protect the interests of the Website and/or other visitors to the Website. The Website reserves
the right to limit, deny or create different access to the Website and its features with respect to
different User/Health Service Provider(s), or to change any of the features or introduce new
features without prior notice. The User/Health Service Provider shall continue to be bound by
these Terms, and it is expressly agreed to by the Parties that the User/Health Service Provider
shall not have the right to terminate these Terms till the expiry of the same.
8. COMMUNICATION
By using this Website, and providing his/her identity and contact information to the Company
through the Website, the User/Health Service Provider hereby agrees and consents to receiving
calls, auto-dialled and/or pre-recorded message calls, e-mails, and SMSs from the Company
and/or any of its affiliates or partners at any time, subject to the Privacy Policy. In the event
that the User/Health Service Provider wishes to stop receiving any such marketing, special
offers or promotional calls/email messages/text messages, the User/Health Service Provider
may unsubscribe via email at [insert email address] or SMS at [insert number]. The
User/Health Service Provider agrees and acknowledges that it may take up to fifteen (15)
business days for the Company to give effect to such a request by the User/Health Service
Provider.
The User/Health Service Provider expressly agrees that notwithstanding anything contained
hereinabove, it may be contacted by the Company or any of its affiliates/partners relating to
any service availed of by the User/Health Service Provider on the Website or anything pursuant
thereto and the User/Health Service Provider agrees to indemnify the Company from any and
all harassment claims. It is expressly agreed to by the Parties that any information shared by
the User/Health Service Provider with the Company shall be governed by the Privacy Policy.
9. CHARGES
Registration Charges
Registration on this Website is free for Users and Business Users and this includes accessing
the Website and the use of the services. However, we reserve the right to amend the charges
for the services rendered. In case that happens, User/Health Service Providers will be intimated
of the same, and it will be up to you to decide whether or not you will continue with services
offered by us. Such changes are effective as soon as they are posted on the Website.
Payment Methods
Upon availing of the Services, the Users agree and acknowledge that prices for different
products and medical services listed on the Website shall be in accordance with those displayed
on the Website and shall be subject to change at any time. Further, Users shall be offered one
or more of the following modes of payment for purchase of products:
a. Through credit/debit cards
b. Through internet banking
The Users/Health Service Providers acknowledge that a minimum of one of the above payment
methods shall be offered for every available service or medical product on the Website. The
Users are solely responsible for the genuineness of credentials and payment information
provided on the Website and the Website shall not be liable for any consequences, direct or
indirect, resulting from the provision of incorrect or untrue credentials or payment information
by any Users.
Further, the Website does not bear any liability for any activities, breaches, discrepancies or
technical problems experienced by the Users whilst using any third-party payment gateway to
make payments. The relationship between the Users and third-party payment gateway shall be
governed by the Terms of Use and Privacy Policy of the said payment gateway, and the
Website shall not be associated with any dispute arising therefrom. The Website reserves its
right to deny delivery in the event of any delay or discrepancy in payment or credentials upon
reaching the delivery address.
10. USER/HEALTH SERVICE PROVIDER OBLIGATIONS AND FORMAL
UNDERTAKINGS AS TO CONDUCT
The User/Health Service Provider agrees and acknowledges that they are a restricted
User/Health Service Provider of this Website, and that they:
a. Agree to provide genuine credentials during the process of registration on the Website.
You shall not use a fictitious identity to register.We are not liable if the User/Health
Service Provider has provided incorrect information.
b. Agree to ensure the email address, address and mobile number provided during account
registration are valid at all times and shall keep your information accurate and up-todate. The User/Health Service Provider can update their details anytime.
c. Agree that they are solely responsible for maintaining the confidentiality of your
account password. You agree to notify us immediately of any unauthorized use of your
account. We reserve the right to close your account at any time for any or no reason.
d. Understand and acknowledge that the data submitted is manually entered in to the
database of the Website and all data in the Website should be backed by hard copies or
appropriate evidence for the purpose of verifying the validity of the data. The
User/Health Service Provider also acknowledges the fact that data so entered into the
database is for the purpose of easy and ready reference for the User/Health Service
Provider, and to streamline the services and patient-healthcare provider relationship
through the Website.
e. Authorize the Website to use, store or otherwise process certain personal information
and all published Content and User/Health Service Provider comments and reviews and
ratings for marketing and promotional purposes, and for optimisation of User-related
options and services..
f. Understand and agree that, to the fullest extent permissible by law, the
Website/Company and their successors and assigns, or any of their affiliates or their
respective officers, directors, employees, agents, licensors, representatives, operational
service providers, advertisers or suppliers shall not be liable for any loss or damage, of
any kind, direct or indirect, in connection with or arising from use of the Website or
from this terms of use, including, but not limited to, compensatory, consequential,
incidental, indirect, special or punitive damages.
g. Are bound not to cut, copy, modify, recreate, reverse engineer, distribute, disseminate,
post, publish or create derivative works from, transfer, or sell any information or
obtained from the Website. Any such use/limited use of the Website will only be
allowed with the prior express written permission of the Company.
h. Agree not to access (or attempt to access) the Website and/or the materials or services
by any means other than through the interface provided by the Website. The use of deeplink, robot, spider or other automatic device, program, algorithm or methodology, or
any similar or equivalent manual process, to access, acquire, copy or monitor any
portion of the Website or its content, or in any way reproduce or circumvent the
navigational structure or presentation of the Website, materials or any content, or to
obtain or attempt to obtain any materials, documents or information through any means
not specifically made available through the Website will lead to suspension or
termination of the User/Health Service Provider’s access to the Website. The
User/Health Service Provider acknowledges and agrees that by accessing or using the
Website or any of the Services provided therein, it may be exposed to content that it
may consider offensive, indecent or otherwise objectionable. The Company disclaims
any and all liabilities arising in relation to such offensive content on the Website.
i. Expressly agree and acknowledge that the Content displayed on the Website is not
owned by the Company, and that the same are the exclusive property of Health Service
Providers, who have chosen to showcase their products and services through the
Company’s Website, and that the Company is in no way responsible for the content of
the same. The User/Health Service Provider may however report any offensive or
objectionable content, which the Company may then remove from the Website, at its
sole discretion.
j. The Website permits the User/Health Service Provider to post, or upload
data/information as User/Health Service Provider comments, feedback or reviews, and
the User/Health Service Provider undertakes to ensure that such material is not offensive
or objectionable, and is in accordance with applicable laws. The User/Health Service
Provider expressly agrees that any such material that is deemed to be
objectionable/offensive may be removed from the Website immediately and without
notice, and further that the User/Health Service Provider’s access to the Website may
also be permanently revoked, at the sole discretion of the Company.
The User/Health Service Provider further undertakes not to:
a. Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise
violate the legal rights of any other person or entity;
b. Engage in any activity that interferes with or disrupts access to the Website or the
Services provided therein (or the servers and networks which are connected to the
Website);
c. Impersonate any person or entity, or falsely state or otherwise misrepresent his/her
affiliation with a person or entity;
d. Publish, post, disseminate, any information which is grossly harmful, harassing,
blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of
another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or
encouraging money laundering or gambling, or otherwise unlawful in any manner
whatever under any law, rule or regulation currently in force; or unlawfully threatening
or unlawfully harassing including but not limited to "indecent representation of women"
within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
e. Post or share any image/file/data with the Company that infringes the copyright, patent
or trademark of another person or legal entity;
f. Post or share any image/file/data with any third-parties or other Users/Health Service
Providers that contains confidential information from any other User or Health Service
Provider without the express prior knowledge and consent of the respective User/Health
Service Provider;
g. Upload or distribute files that contain viruses, corrupted files, or any other similar
software or programs that may damage the operation of the Website;
h. Download any file belonging to another User/Health Service Provider of the Website
that the User/Health Service Provider is aware, or should reasonably be aware, cannot
be legally distributed in such a manner;
i. Probe, scan or test the vulnerability of the Website or any network connected to the
Website, nor breach the security or authentication measures on the Website or any
network connected to the Website. The User/Health Service Provider may not reverse
look-up, trace or seek to trace any information relating to any other User/Health Service
Provider of, or visitor to, the Website, or any other viewer of the Website, including any
User/Health Service Provider account maintained on the Website not operated/managed
by the User/Health Service Provider, or exploit the Website or information made
available or offered by or through the Website, in any manner;
j. Disrupt or interfere with the security of, or otherwise cause harm to, the Website,
systems resources, accounts, passwords, servers or networks connected to or accessible
through the Website or any affiliated or linked platforms;
k. Collect or store data about other User/Health Service Providers of the Website without
their express consent;
l. Use the Website or any material or content therein for any purpose that is unlawful or
prohibited by these Terms, or to solicit the performance of any illegal activity or other
activity which infringes the rights of this Website or any other third party (ies);
m. Violate any code of conduct or guideline which may be applicable for or to any
particular service offered on the Website;
n. Violate any applicable laws, rules or regulations currently in force within or outside
India;
o. Violate any portion of these Terms or the Policy, including but not limited to any
applicable additional terms of the Website contained herein or elsewhere, whether made
by amendment, modification, or otherwise;
p. Threaten the unity, integrity, defense, security or sovereignty of India, friendly relations
with foreign states, or public Order, or cause incitement to the commission of any
cognizable offence, or prevent the investigation of any offence, or insult any other
nation.
q. Publish, post, or disseminate information that is false, inaccurate or misleading;
r. Directly or indirectly offer, attempt to offer, trade, or attempt to trade, any item the
dealing of which is prohibited or restricted in any manner under the provisions of any
applicable law, rule, regulation or guideline for the time being in force.
s. Commit any act that causes the Company to lose (in whole or in part) the services of its
Internet Establishment ("ISP") or in any manner disrupts the services of any other
supplier/service provider of the Company/Website;
t. Engage in advertising to, or solicitation of, other User/Health Service Providers of the
Website to buy or sell any products or services not currently displayed on the Website.
The User/Health Service Provider may not transmit any chain letters or unsolicited
commercial or junk email/messages to other User/Health Service Providers via the
Website. It shall be a violation of these Terms to use any information obtained from the
Website to harass, abuse, or harm another person, or to contact, advertise to, solicit, or
sell to another User/Health Service Provider of the Website without the express prior
written consent of the Company.
The User/Health Service Provider hereby expressly authorizes the Company/Website to
disclose any and all information relating to the User/Health Service Provider in the possession
of the Company/Website to law enforcement or other government officials, as the Company
may in its sole discretion, believe necessary or appropriate in connection with the investigation
and/or resolution of possible crimes, especially those involve personal injury and
theft/infringement of intellectual property. The User/Health Service Provider further
understands that the Company/Website might be directed to disclose any information
(including the identity of persons providing information or materials on the Website) as
necessary to satisfy any judicial Order, law, regulation or valid governmental request.
11. SUSPENSION OF USER/HEALTH SERVICE PROVIDER ACCESS AND ACTIVITY
Notwithstanding other legal remedies that may be available to it, the Company may in its sole
discretion limit the User/Health Service Provider’s access and/or activity by immediately
removing the User/Health Service Provider’s access credentials either temporarily or
indefinitely, or suspend/terminate the User/Health Service Provider’s association with the
Website, and/or refuse to usage of the Website to the User/Health Service Provider, without
being required to provide the User/Health Service Provider with notice or cause:
a. If the User/Health Service Provider is in breach any of these Terms or the Policy;
b. If the User/Health Service Provider has provided wrong, inaccurate, incomplete or
incorrect information;
c. If the User/Health Service Provider’s actions may cause any harm, damage or loss to
the other User/Health Service Providers or to the Company, at the sole discretion of the
Company.
12. INDEMNITY
You (the Health Service Provider/User) agree to indemnify, defend and hold harmless the
Company/Website, its independent service providers and consultants, and their respective
directors, officers, employees and agents (collectively, "Parties"), from and against any and all
losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and
disbursements in connection therewith and interest chargeable thereon) asserted against or
incurred by us that arise out of, result from, or may be payable by virtue of, any breach or nonperformance of any representation, warranty, covenant or agreement made or obligation to be
performed by You pursuant to these terms of use. Further, you agree to hold us harmless against
any claims made by any third party due to, or arising out of, or in connection with:
a. Your use of the Website,
b. Any Discussions or Messages you provide;
c. Your violation of these Terms and Conditions;
d. Your violation of any rights of another;
e. Your alleged improper conduct pursuant to these Services;
f. Your conduct in connection with the Website;
g. Your internal disputes amongst other Users/Health Service Providers
You agree to fully cooperate in indemnifying us at your expense. You also agree not to reach a
settlement with any party without our consent.
In no event shall the Company/Website be liable to compensate the User/Health Service
Provider or any third party for any special, incidental, indirect, consequential or punitive
damages whatsoever, including those resulting from loss of use, data or profits, whether or not
foreseeable, and whether or not the Company/ Website had been advised of the possibility of
such damages, or based on any theory of liability, including breach of contract or warranty,
negligence or other tortuous action, or any other claim arising out of or in connection with the
User/Health Service Provider’s use of or access to the Website and/or the services or materials
contained therein.
13. LIMITATION OF LIABILITY
a. The Founders/ Promoters/ Associated people of the Website are not responsible for any
consequences arising out of the following events:
i. If the Website is inoperative/non-responsive due to any connectivity errors
associated with the internet connection such as but not limited to slow
connectivity, no connectivity, server failure;
ii. if the User/Health Service Provider has fed incorrect information or data or for
any deletion of data;
iii. if there is undue delay or inability to communicate through email;
iv. if there is any deficiency or defect in the products/services managed by the
Health Service Providers or third-parties;
v. If there is a failure in the functioning of any other service provided by the
Website.
b. The Website accepts no liability for any errors or omissions, whether on behalf of itself
or third parties, or for any damage caused to the User/Health Service Provider, the
User/Health Service Provider’s belongings, or to any third party, resulting from the use
or misuse of the Website or any service availed of by the User/Health Service Provider
through the Website. The service and any Content or material displayed on the service
is provided without any guarantees, conditions or warranties as to its accuracy,
suitability, completeness or reliability. The Website will not be liable to you for the
unavailability or failure of the Website.
c. User/Health Service Providers may be held legally responsible for damages suffered by
other User/Health Service Providers, the Website or any third party as a result of legally
actionable or defamatory comments, remarks, or other information or content posted to
the Website.
d. User/Health Service Providers are to comply with all laws applicable to them or to their
activities, and with all Policies, which are hereby incorporated into this Agreement by
reference.
e. The Website expressly excludes any liability for any loss or damage that was not
reasonably foreseeable by the Website and which is incurred by you in connection with
the Website, including loss of profits; and any loss or damage incurred by you as a result
of your breach of these terms.
f. To the fullest extent permitted by law, the Website shall not be liable to you or any other
party for any loss or damage, regardless of the form of action or basis of any claim. You
acknowledge and agree that your sole and exclusive remedy for any dispute with us is
to terminate your use of the Website.
14. DISCLAIMER
The information published on the Website are for general information and reference purposes
only, and are not intended to be of a diagnostic nature under any circumstances. The facilities
for online consultation are solely intended for general purposes only and is not meant to be used
in emergencies/serious illnesses requiring physical consultation or dedicated tests or physical
examinations by licensed physicians. Further, if in the opinion of any of the Health Service
Provider in respect of any User, there is any reflection of the opinion that a physical examination
of the User would be required and an ‘in-person consultation’ is advised by the Health Service
Provider, it is the sole responsibility of the User or a legally authorised person on behalf of the
User to take proactive steps in this regard, and to book an appointment for the same, whether it
be with a Health Service Provider registered on the Website or any external health service
provider, at the discretion of the User. The steps taken in booking and attending a consultation,
as well as taking any and all follow up action pursuant to advice or a consultation with any of
the Health Service Providers is the sole responsibility of the User (or legally authorised person
on behalf of the User), and in case of any negligence on the part of the User in acting on the
same shall not be construed as imposing any liability, direct or indirect, on the Health Service
Provider or the Company/Website.
The Company/Website simply provides a software as a service to Users and Health Service
Providers, and is not an independent medical service provider, nor is it involved in providing
any independent healthcare services, medical advice or diagnoses of any sorts. The Company
does not support and is not affiliated to any of the Health Service Providers and assumes no
liability for the theft/misuse of any information of Users by any Health Service Providers or
third-parties. Any and all advice provided to Users regarding types of Services and consultation
guidance shall be for general information purposes only, and the final decision regarding which
Health Service Providers/Services to avail of from the Website shall be at the sole discretion of
the User. The Company shall disclaim all responsibility and owns no liability to either Users or
Health Service Providers for any outcome (incidental, direct, indirect or otherwise) from the
consultation between the User and the Health Service Provider.
15. INTELLECTUAL PROPERTY RIGHTS
Unless expressly agreed to in writing, nothing contained herein shall give the User/Health
Service Provider a right to use any of the Website’s trade names, trademarks, service marks,
logos, domain names, information, questions, answers, solutions, reports and other distinctive
brand features, save according to the provisions of these Terms. All logos, trademarks, brand
names, service marks, domain names, including material, designs, and graphics created by and
developed by the Website and other distinctive brand features of the Website are the property
of the Company or the respective copyright or trade mark owner. Furthermore, with respect to
the Website created by the Company, the Company shall be the exclusive owner of all the
designs, graphics and the like, related to the Website.
The User/Health Service Provider may not use any of the intellectual property displayed on the
Website in any manner that is likely to cause confusion among existing or prospective
User/Health Service Providers of the Website, or that in any manner disparages or discredits
the Company/Website, to be determined in the sole discretion of the Company.
The User/Health Service Provider is aware all intellectual property, including but not limited
to copyrights, relating to said services resides with the owners, and that at no point does any
such intellectual property stand transferred from the aforementioned creators to the Company,
or to any other User/Health Service Provider. The Company/the Website does not own any of
the intellectual property relating to the independent content displayed on the Website, apart
from originally created graphics and specified content.
The User/Health Service Provider is further aware that any reproduction or infringement of the
intellectual property of the aforementioned owners by the User/Health Service Provider will
result in legal action being initiated against the User/Health Service Provider by the respective
owners of the intellectual property so reproduced/infringed upon. It is agreed to by the Parties
that the contents of this Section shall survive even after the termination or expiry of the Terms
and/or Policy.
16. DISCLAIMER OF WARRANTIES AND LIABILITIES
a. The User/Health Service Provider agrees and undertakes that they are accessing
the Website and transacting at their sole risk and are that they are using their
best and prudent judgment before availing any service listed on the Website, or
accessing/using any information displayed thereon.
b. The User/Health Service Provider agrees that any kind of information,
resources, activities, recommendations obtained/availed from Website, written
or oral, will not create any warranty and the Website disclaims all liabilities
resulting from these. You are solely responsible for your
communication/interaction with other User/Health Service Providers on the
Website and the Website doesn’t make any warranty about the conduct of
User/Health Service Providers on the Website.
c. The Company/Website does not guarantee that the functions, products and
services contained in the Website will be uninterrupted or error-free, or that the
Website or its server will be free of viruses or other harmful components, and
the User/Health Service Provider hereby expressly accepts any and all
associated risks involved with the User/Health Service Provider’s use of the
Website.
d. The Website is and shall avail services from third parties to serve You better and
these services will be provided on “as is” basis and the Website disclaims any
liabilities resulting from these third party services. The Website will not be
responsible for any internet delays and damages caused by such problems.
e. It is further agreed to by the Parties that the contents of this Section shall survive
even after the termination or expiry of the Terms and/or Policy.
17. FORCE MAJEURE
Neither the Company nor the Website shall be liable for damages for any delay or failure to
perform its obligations hereunder if such delay or failure is due to cause beyond its control or
without its fault or negligence, due to Force Majeure events including but not limited to acts of
war, acts of God, earthquake, riot, fire, festive activities sabotage, labor shortage or dispute,
internet interruption, technical failure, breakage of sea cable, hacking, piracy, cheating, illegal
or unauthorized.
18. DISPUTE RESOLUTION AND JURISDICTION
It is expressly agreed to by the Parties hereto that the formation, interpretation and performance
of these Terms and any disputes arising there from will be resolved through a two-step Alternate
Dispute Resolution (“ADR”) mechanism. It is further agreed to by the Parties that the contents
of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
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 all 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 any other Party, the
dispute will be resolved by arbitration, as detailed herein below;
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 all Parties. The Parties shall bear their own costs for the proceedings, although the
sole arbitrator may, in his/her sole discretion, direct either Party to bear the entire cost
of the proceedings. The arbitration shall be conducted in English, and the seat of
Arbitration shall be the city of [.].
c. 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.
19. NOTICES
Any and all communication relating to any dispute or grievance experienced by the User/Health
Service Provider may be communicated to the Company by the User/Health Service Provider
by calling customer support at [.]
20. MISCELLANEOUS PROVISIONS
a. Entire Agreement: These Terms, read with the Policy, form the complete and final
contract between the User/Health Service Provider and the Company with respect to
the subject matter hereof and supersedes all other communications, representations
and agreements (whether oral, written or otherwise) relating thereto.
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. Contact Us: If you have any questions about this Agreement, the practices of the
Website, or your experience with the Service, you can contact us at [.].
PRIVACY POLICY
We, [.] (hereinafter referred to as the “Company”), having its offices at [.], where such
expression shall, unless repugnant to the context thereof, be deemed to include our respective
legal heirs, representatives, administrators, permitted successors and assigns are the creators of
this Privacy Policy, which ensures our steady commitment to Your privacy with regard to the
protection of your invaluable information. This privacy policy contains information about an
online Website called [.] (hereinafter referred to as the “Website”) and the Mobile Application
‘qEase’ (hereinafter referred to as the ‘App’). In order to provide you with uninterrupted use
of our services, we may collect and, in some circumstances, disclose information about you. To
ensure better protection of your privacy, we provide this notice explaining our information
collection and disclosure policies, and the choices you make about the way your information is
collected and used.
ANY CAPITALIZED WORDS USED HENCEFORTH SHALL HAVE THE MEANING
ACCORDED TO THEM UNDER THIS AGREEMENT. FURTHER, ALL HEADING USED
HEREIN ARE ONLY FOR THE PURPOSE OF ARRANGING THE VARIOUS
PROVISIONS OF THE AGREEMENT IN ANY MANNER. NEITHER THE USER NOR
THE CREATERS OF THIS PRIVACY POLICY MAY USE THE HEADING TO
INTERPRET THE PROVISIONS CONTAINED WITHIN IT IN ANY MANNER.
1. DEFINITIONS
a. The term ‘You’ &‘User’, shall mean any legal person or entity accessing or
using the services provided on this Website, who is competent to enter into
binding contracts, as per the provisions of the Indian Contract Act, 1872.
b. ‘You’ where the context relates to ‘Health Service Provider’, and ‘Health
Service Provider’ means any legal person or business entity, as the case may be,
looking to access or use the services provided on this Website for business
purposes as a doctor/clinic owner/receptionist, who is competent to enter into
binding contracts, as per the provisions of the Indian Contract Act, 1872.
c. The terms ‘we’, ‘us’, ‘our’ shall mean the Website and/or the Company, as the
context so requires.
d. The term ‘Services’ shall mean the business of providing a software as a service
(SaaS) for an outpatient setup, used by patients (Users), clinic owners, support
staff and doctors.
e. The terms ‘Party’ and ‘Parties’ shall respectively be used to refer to the
User/Health Service Provider and the Company individually and collectively, as
the context so requires.
f. “Personal Information” shall mean and refer to any personally identifiable
information that we may collect from you. For removal of any doubts, please
refer to Clause 2.
g. “Third Parties” refer to any Website, company or individual apart from the User,
Health Service Provider and the creator of this Website.
2. INFORMATION COLLECTED
We are committed to respecting your online privacy. We further recognize your need for
appropriate protection and management of any Personal Information You share with us. Since
we provide certain services as mentioned above, we may collect the following information
which are appropriately required to provide such services:
From Users (for use of the Patient Portal):
(a) Personal data of the User such as, but not limited to, Name, Address, Email ID, Mobile
Number, PAN/Aadhar as applicable.
(b) Tracking Information such as, but not limited to the IP address of your device and
Device ID when connected to the Internet.
(c) Personal medical information including medical records, medical expense information,
etc.
From Health Service Providers:
(d) Company data of the Health Service Provider such as, but not limited to, Name,
Address, Email ID, Mobile Number, CIN, GSTIN as applicable.
(e) Tracking Information such as, but not limited to the IP address of your device and
Device ID when connected to the Internet.
Users and Health Service Providers are responsible for maintaining the security and
confidentiality of their account details and passwords. Please note that We will never ask you
for your password in an unsolicited phone call or in an unsolicited e-mail. Further, Users and
Health Service Providers are advised to sign off from their systems after availing of the Services
to avoid accidental and unauthorised access to personal information from their accounts by any
third-party.
3. RECORD ACCESS AND CONTROL
The Website shall contain the User’s records but shall not have any control over the same. The
4. EXTERNAL LINKS ON THE WEBSITE
The Website may include advertisement hyperlinks to other Websites, content or resources. We
have no control over such external links present in the Website, which are provided by persons
or companies other than us.
You acknowledge and agree that We are not responsible for any collection or disclosure of your
Personal Information by any external sites, Websites, companies or persons, nor do We endorse
any advertising, products or other material on or available from such external Websites or
resources.
You further acknowledge and agree that We are not liable for any loss or damage which may
be incurred by You, as a result of the collection and/or disclosure of Your personal information
by external Websites, sites or resources, or as a result of any reliance placed by You on the
completeness, accuracy or existence of any advertising, products or other materials on, or
available from such Websites, Websites or resources. This external Website, Websites and
resource providers may have their own privacy policies governing the collection, storage,
retention and disclosure of Your Personal Information that You may be subject to. We
recommend that you enter the external Website and review their privacy policy. We allow third
parties/individuals to display advertisements when you use the Website.
5. OUR USE OF YOUR INFORMATION
The information provided by you at the time of registration and thereafter shall be used to
contact you when necessary. For more details about the nature of such communications, please
refer to our Terms of Service. Further, your personal data may be collected and stored by us for
internal record.
We use your tracking information such as IP addresses, and or Device ID to help identify you
and to gather broad demographic information.
In case we are acquired by or merged with another company, we shall be legally obliged to
share information disclosed by you and information about you to the company we are acquired
by or merged with. In the event of a merger or acquisition, we shall notify you by email to
review our revised privacy policy, as and when Your Personal Information is shared with or
becomes subject to a different privacy policy.
6. CONFIDENTIALITY
Your information is regarded as confidential and therefore shall not be divulged to any third
party, unless if legally required to do so to the appropriate authorities, or if necessary to ensure
Users/Health Service Providers may fully avail of the services of the Website.
We shall not sell, share, or rent your personal information to any marketing agencies or any
other such companies that indulge in unsolicited communications. Any communication by Us
to You shall be undertaken in accordance with Our Terms of Service and Privacy Policy.
7. SECURITY
We treat data as an asset that must be protected against loss and unauthorized access. We
employ many different security techniques to protect such data from unauthorized access by
members inside and outside the Company. We follow generally accepted industry standards to
protect the Personal Information submitted to us and information that we have accessed.
However, “perfect security” does not exist on the Internet. You therefore agree that any security
breaches beyond the control of our standard security procedures are at your sole risk and
discretion.
The Website uses an Encryption Software in order to secure your data. You should have internet
access, a valid email account, software to receive and read email messages, and spam filters set
to accept email from our domain.
When any information is uploaded to Your User account, it sends it over the Internet using
Secure Sockets Layer (SSL). This method encrypts the information to help prevent others from
reading it while it's in transit from your computer to Us. If you're using the Website to upload
sensitive data, you should properly secure your computer. To help do this, you can use antispyware and virus protection software. You can also restrict access to your computer (for
example, by using a strong password for your computer login and a network firewall).
The Company shall not be held liable in any way for events beyond our control or in any way
for accidental or unauthorised access of your information. No data transmission over the
Internet or any wireless network can be guaranteed to be absolutely secure.
8. DISCLOSURE OF YOUR INFORMATION TO THIRD PARTIES
Due to the existing regulatory environment, we cannot ensure that all of your Personal
Information shall never be disclosed in ways other than those described in this Privacy Policy.
Although we use industry standard practices to protect your privacy, we do not promise, and
you should not expect, that your personally identifiable information or private communications
would always remain private.
8.1 External Service Providers: There may be a number of services offered by
external service providers that help you use our Website. If You choose to use these
optional services, and in the course of doing so, disclose information to the external
service providers, and/ or grant them permission to collect information about You, then
their use of Your information is governed by their privacy policy.
8.2 Third-party Payment Gateways: We employ third-party payment gateways that
you are mandated to use in order to complete payments to fully avail of Services. We are
not responsible for the use and storage of your information by these payment gateways,
nor for the operation of the gateways, as they are wholly owned and managed by thirdparties. Should any dispute or discrepancy arise in respect of your usage of the payment
gateways, we are not liable to address the same and request you to approach the payment
gateway directly through their third-party Website.
8.3 Other Corporate Entities: We may share much of our data, including Your
Personal Information, with our parent and/ or subsidiaries that are committed to serving
your needs through use of Our Website and related services, throughout the world. Such
data shall be shared for the sole purpose of enhancing your experience of using the
Website. To the extent that these entities have access to your information, they shall
treat it at least as protectively as they treat information they obtain from their other
members. It is possible that we and/or our parent and/orsubsidiaries, or any combination
of such, could merge with or be acquired by another business entity. Should such a
combination occur, you should expect that we would share some or all of your
information in order to continue to provide the service. You shall receive notice of such
event (to the extent it occurs).
8.4 Law and Order: We cooperate with law enforcement inquiries, as well as other
third parties to enforce laws, such as: intellectual property rights, fraud and other rights.
We can, and You so authorise Us, disclose Your Personal Information to law
enforcement and other government officials as We, in Our sole discretion, believe
necessary or appropriate, in connection with an investigation of fraud, intellectual
property infringements, or other activity that is illegal or may expose Us/ Us or You to
any legal liability.
Any information that you make publicly available on the site may be potentially viewed by any
party, and by posting such material it is deemed that you consent to share such information with
such parties.
9. ACCESSING, REVIEWING AND CHANGING YOUR PROFILE
Following registration, you can review and change the information you submitted at the stage
of registration. An option for facilitating such change shall be present on the ‘My Account’
section of the home page of the Website and such change can be facilitated by emailing us at
[.]. If you change any information, we may keep track of your old information.
If you believe that any information we are holding on you is incorrect or incomplete, or to
remove Your profile, please write to or email us as soon as possible, at [.]. We shall promptly
correct any information found to be incorrect. All User/Health Service Provider profiles are
kept confidential and are not viewable by any other Users/Health Service Providers.
We shall retain in our files, information you have requested to remove for certain circumstances,
such as to resolve disputes, troubleshoot problems and enforce our terms and conditions.
Further, such prior information is never completely removed from our databases due to
technical and legal constraints, including stored 'back up' systems. Therefore, you should not
expect that all of your personally identifiable information shall be completely removed from
our databases in response to your requests.
10. INDEMNITY
You agree and undertake to indemnify us in any suit or dispute by any Third Party arising out
of disclosure of Personal Information by You to Third Parties either through Our Website or
otherwise and Your use and access of Websites and resources of Third Parties. We assume no
liability for any actions of Third Parties with regard to Your Personal Information, which you
may have disclosed to such Third Parties.
11. SEVERABILITY
Each paragraph of this privacy policy shall be and remain separate from and independent of
and severable from all and any other paragraphs herein except where otherwise expressly
indicated or indicated by the context of the agreement. The decision or declaration that one or
more of the paragraphs are null and void shall have no effect on the remaining paragraphs of
this privacy policy.
12. AMENDMENT
Our Privacy Policy may change from time to time, without any prior intimation.