Terms And Conditions
Terms And Conditions
TERMS &
CONDITIONS
Please go through these terms and conditions (“Terms”)
carefully.
AROGYA KAVACH SOLUTION PRIVATE LIMITED , having its
registered office at Flat No.2gf,dattatraya Apartments, Ramdaspeth, Nagpur,
Nagpur, Maharashtra, India, 440010
(hereinafter referred to as “AROGYA KAVACH” or “Company”), is the
author and publisher of the internet resource and its website / mobile
application (together referred as “Website”).
These Terms constitute a legal agreement between the User
(as defined below) and the Company in connection with your visit to the Website
and your use of the Services (as defined below).
1.INTRODUCTION
The Company is a digital healthcare service provider
pioneering in the virtual OPD care in India offering telemedicine services or
facilities requiring diagnosis or treatment, including but not limited to
illness, injury, deformity, abnormality, pregnancy or any other disease or
ailment.
2.NATURE AND APPLICABILITY OF TERMS
These Terms applies to you if you are a patient, his/her
representative intending to use the Services offered by the Company through our
Website (“End-User”, “you” or “User” or “Enrolled Customer”).
Please read these Terms carefully before accessing or using
the Website.
You can review the most current version of the Terms at any
time on the Website. We reserve the right to modify or terminate any portion of
the Terms for any reason and at any time. Your continued use of or access to
the Website following the posting of any changes constitutes acceptance of
those changes.
Your access to the Website and the Services will be solely
at the discretion of the Company.
3.SERVICES PROVIDED
Set out below are the Services provided by the Company:
a.Online medical consultations/ follow-up consultations/
second opinion consultations being offered by Resident Doctors/consultants who
are medical practitioners and duly registered with the Medical Council of India
and State Medical Council (as applicable) (“Registered Medical Practitioners”)
via e-clinics/telehealth/offline clinics and health camps. The consultations
shall mean providing, assisting and facilitating all consultations Services
provided by the Registered Medical Practitioners at the e-clinics/offline
clinics via technology as per the applicable laws, guidelines, regulations and
professional etiquettes .
b.E-clinic services providing primary health care across
rural areas in India, wherein e-clinic services refer to-
Offline touchpoints for rural customers to facilitate
video calls and get primary health care services where the Company has
appointed healthcare assistants (ANM/GNM qualified) at the Clinic to assist the
patients to connect and consult with Registered Medical Practitioners on video
calls or offline at the clinic.
c.Preventive Healthcare Consultation
d.Health Camps with on-site doctors
e.Basic Health Packages
(Collectively referred to as “Services”)
Please note that the Services are not intended to be a
substitute for getting in touch with emergency healthcare services. If you are
an patient facing a medical emergency (either on you or behalf of any another
person), please contact an ambulance service or near available hospital
directly.
4.TERMS OF USE
a.By accepting to avail any of the Services of the Company,
you agree to abide by these Terms defined by the Company, and it is termed as
your consent to proceed with Services under the prevailing/applicable law.
Further, any individual can expressly agree to not use the Services of the
Company if you do not understand or accept these Terms of the Company.
b.The Company will collect your identifiable health
information including physical, physiological, mental health condition, medical
records, history and personal information of the patients (collectively
referred to as “Sensitive Information”) as part of Services. The use of
your Sensitive Information which includes your health information will be
governed by the Company’s Privacy Policy. By accepting these Terms at the time
of registering or otherwise by providing your Sensitive Information, you
consent to Company’s Privacy Policy as well.
c.You agree that Company can record, save, and store all
online/offline health records / instant messaging/ chat consultations/text
messages/ audios/ videos/ transcripts/ prescriptions/ email and hard copy
correspondences for improving the quality and record purposes of the Company
and may produce these as evidence if required before or directed by a court of
law.
d.You shall be solely responsible for the Sensitive
Information provided by you and are requested to provide such information at
your own sole discretion. The Sensitive Information provided by you shall be
considered as correct and accordingly, the Services shall be rendered to you by
the Company.
e.The Company will ensure that the User is provided with
confirmed appointments upon availing Services on the Website or at the E-Clinic
/offline clinic set up. However, the Company has no liability if such an
appointment is later cancelled by the Registered Medical Practitioners, or if
the same Registered Medical Practitioners are not available for the
appointment.
f.The Company reserves the right to refuse service or
terminate accounts at its sole discretion if it has a reason to believe that
you have violated or are likely to violate applicable laws and regulation of
these Terms.
g.The Registered Medical Practitioners shall take
appropriate decision(s) based on the Sensitive Information provided by you at
the time of availing the Services. Hence, the onus of providing Sensitive
Information which is true, accurate, current and complete in nature is upon
you.
h.The Registered Medical Practitioners based upon his/ her
professional judgment, may prescribe /suggestcertain diagnostic tests to advice
the future course of treatment for the Enrolled Customers.
i.Any advice provided by the Registered Medical
Practitioners shall depend solely on the completeness and accuracy of the
Sensitive Information provided by you.
j.The Company will capture and record the medical advice via
its own developed system to record medicine (if any) or medical advice
electronically via an e-prescription which may be sent to the Enrolled
Customers at their registered mobile number or email address.
k.No discrimination shall be made based on
caste/creed/religion/gender etc., and the Company shall ensure proper rendering
of facility Services and availability of Services to the Enrolled Customers.
l.By using any of the Services of the Company, one hereby
unconditionally gives their consent, subject to the provisions of applicable
law, for Company or its representatives to contact one by telephone, SMS, or
any other mode in relation to the Services as well as for the promotion of its
services and products; It is the User’s responsibility to ensure that the
contact details provided are correct.
m.The Company will directly resolve any
product/policy-related issues with the Enrolled Customers to solve issues
related to services/product-related issues/service requests from Enrolled
Customers for resolution. Further, the Registered Medical Practitioners are
liable to provide Services and further course of treatment in accordance with
the Indian Medical Council (Professional Conduct, Etiquette and Ethics)
Regulation, 2002, Tele-Medicine Practice Guidelines of 2020 and other
prevailing regulations/laws, as may be modified from time to time.
5.PROFILE, COLLECTION, USE, STORAGE AND TRANSFER OF
SENSITIVE INFORMATION
a.The User is expected to read and understand the Privacy
Policy as available on the Website of the Company, so as to ensure that he or
she has the knowledge of, inter-alia:
i.the fact that the Company collects their information;
ii.the purpose for which the information is being collected;
iii.the intended recipients of the information;
iv.the nature of collection and retention of the
information; and
v.the various rights available to such Users in respect of
such information.
b.The Company shall create a profile (“AROGYA KAVACH
Profile”) to store the Sensitive Information shared by the User online
during the time of registration and consultation, including medical &
personal history, health conditions, allergies, and medications.
c.Any Sensitive Information provided as part of a
consultation or obtained from the use of the Services by the User, becomes part
of the record (“Your AROGYA KAVACH Record”).
d.The Sensitive Information provided by an User may be used
by us for the purpose of Services including analysis, research, training, and
disclosure (where required) to our affiliates, group companies, agents and
government authorities, etc., as stated in our Privacy Policy.
e.For additional information regarding the use of Sensitive
Information about you, please refer to the Privacy Policy.
f.The terms “Sensitive Information” and “Personal Data or
Information” are defined under the Information Technology (Reasonable Security
Practices and Procedures and Sensitive Personal Data or Information) Rules,
2011 (the “SPI Rules”), and are reproduced in the Privacy Policy. The
Privacy Policy sets out:
(a)The type of information collected from Users, including
Sensitive Information or Personal Data or Information;
(b)The purpose, means and modes of usage of such
information; and
(c)How and to whom the Company will disclose such
information.
g.The Company shall not be responsible in any manner for the
authenticity of the Sensitive Information or Personal Data or Information
supplied by the Users to the Company or any other person acting on behalf of
Company.
h.You are responsible for maintaining the confidentiality of
the your account access information and password on the Website. Although the
Company will not be liable for your losses caused by any unauthorized use of
your account, you may be liable for the losses caused to the Company or such
other parties as the case may be, due to any unauthorized use of your account.
i.The SPI Rules only permit the Company to transfer Personal
Data Or Information including any information, to any other body corporate or a
person in India, or located in any other country, that ensures the same level
of data protection that is adhered to by the Company as provided for under the
SPI Rules, only if such transfer is necessary for the performance of the lawful
contract between the Company or any person on its behalf and the User or where
the User has consented to data transfer.
j.The Company may use such information collected from the
Users from time to time for the purposes of debugging customer support related
issues.
k.If the Company determines that you have provided
fraudulent, inaccurate, or incomplete information (or becomes untrue,
inaccurate, not current or incomplete), including through feedback, the Company
reserves the right to immediately suspend or discontinue your access to the
Website or any of your accounts with the Company and makes such declaration on
the Website alongside your name/your clinic’s name as determined by the Company
for the protection of its business and in the interests of Users. You shall be
liable to indemnify the Company for any losses incurred as a result of your
misrepresentations or fraudulent feedback that has adversely affected the
Company.
6.CONDITIONS OF USE
You must be 18 (Eighteen) years of age or older to register
for the Services for your family or visit or use the Website in any manner. By
registering, visiting and using the Website or our Services or accepting these
Terms, you represent and warrant that you are 18 years of age or older and that
you have the right, authority and capacity to use the Website and the Services
available through the Website and agree to abide by these Terms. The Company
does not provide any medical services for children aged 1 (One) year and below.
In case of minors (below 18 (Eighteen) years of age), they have to be
accompanied by their parents or legal guardians to avail our Services.
7.LIABILITY
a.To the maximum extent permitted by applicable law(s), the
Company, its affiliates, independent contractors, service providers, partners,
consultants, licensors, agents, partners and representatives, and each of their
respective directors, officers or employees (“Protected Enty/ies”),
shall not be liable for any indirect, special, punitive, exemplary or
consequential damages, or any other damages of any kind, arising from, or
directly or indirectly related to:
i.the use of, or the inability to use, the Services, Website
or the content, materials and functions related thereto; and
ii.User’s provision of information via the Website; even if
such Protected Entity has been advised of the possibility of such damages.
b.The Protected Entities shall not be responsible for any
damage, whether physical, emotional, psychological, or financial, caused to you
due to any improper/unintended use of the Services, which includes but is not
limited to the misinterpretation of the advice given by any Registered Medical
Practitioners or health service to you, any content posted, transmitted,
exchanged or received by or on behalf of any User or other person on or through
the Website, any unauthorized access to or alteration of your transmissions or
data, or any other matter relating to Website or the Service.
c.The Company disclaims any liability in relation to the
validity of the medical advice provided by the Registered Medical Practitioners
and the validity and legality of the prescription for dispensation of medicines
and conduct of diagnostic tests. All liabilities arising out of any wrong
diagnosis of a medical condition by the Registered Medical Practitioners and/
or arising from the e-prescription/offline prescription will be of the
Registered Medical Practitioners.
d.The Services provided by the Company or any of its
licensors or service providers are provided on an “as is” and “as available’
basis, and without any warranties or conditions (express or implied, including
the implied warranties of merchantability, accuracy, fitness for a particular
purpose, title and non-infringement, arising by statute or otherwise in law or
from a course of dealing or usage or trade). The Company does not provide or
make any representation, warranty, or guarantee, express or implied about the
Website or the Services. To the fullest extent permitted by law, the Company
disclaims all liability arising out of the User’s use or reliance upon the
Website, the Services, representations, and warranties made by other Users, the
content or information provided by the Users on the Website, or any opinion or
suggestion given or expressed by the Company or any User in relation to any
User or services provided by such User.
e.The Company assumes no responsibility, and shall not be
liable for, any damages to, or viruses that may infect User’s equipment on
account of User’s access to, use of, or browsing the Website or the downloading
of any material, data, text, images, video content, or audio content from the
Website. If a User is dissatisfied with the Website, the User’s sole remedy is
to discontinue using the Website.
8.INDEMNITY
The Users agree to defend, indemnify and hold harmless the
Company, and the Protected Entities, independent contractors, service
providers, consultants, licensors, agents, and representatives from and against
any and all claims, losses, liability, damages, and/or costs (including, but
not limited to, reasonable attorney fees and costs) arising from or related to
(a) Users’ access to or use of Website; (b) Users violation of these Terms or
any applicable law(s); (c) Users violation of any rights of another person/
entity, including infringement of their intellectual property rights; or (d)
Users’ conduct in connection with the Website or (e) due to incorrect Sensitive
Information provided by the User.
9.FORCE MAJEURE
User accepts and acknowledges that the Company shall not be
liable for any loss or damage caused to the User as a result of delay or
default or deficiency or failure in the Services as a result of any natural
disasters, fire, riots, civil disturbances, actions or decrees of governmental
bodies, communication line failures (which are not caused due to the fault of
the Company), or any other delay or default or deficiency or failure which
arises from causes beyond the Company’s reasonable control (“Force Majeure
Event”). In case of any Force Majeure Event arising, the Company, depending
on whose performance has been impacted under these Terms, shall immediately
give notice to the Users of the facts which constitute the Force Majeure Event.
10.GOVERNING LAW AND DISPUTE RESOLUTION
These Terms and any contractual obligation will be governed
by the laws of India, without reference to the conflict of laws principles. Any
legal action or proceeding related to other party(s) access to, or use of, the
Website or these Terms shall be subject to the exclusive jurisdiction of the
courts at Gurugram.
Any dispute, claim or controversy arising out of or relating
to these Terms shall be determined by arbitration proceedings, before a sole
arbitrator mutually appointed by the parties which shall be conducted in
English Language and a record of the proceedings and of all documents and
communications between the parties shall be maintained in English. Arbitration
shall be conducted in accordance with the Arbitration and Conciliation Act,
1996 and the rules framed thereunder. The seat of arbitration shall be Gurugram.
The award passed by the sole arbitrator shall be final and binding on the
parties. The parties shall bear equally the costs of the arbitration. Each
party shall pay its own attorneys’ fees, witness fees and other expenses or
costs incurred for its own benefit.
11.SEVERABILITY
If any provision of these Terms is deemed invalid, unlawful,
void or for any other reason unenforceable, then that provision shall be deemed
severable from these Terms and shall not affect the validity and enforceability
of any of the remaining provisions.
12.WAIVER
No provision of these Terms shall be deemed to be waived and
no breach excused, unless such waiver or consent is made in writing and signed
by the Company. Any consent by the Company to, or a waiver by the Company of
any breach whether expressed or implied, shall not constitute consent to,
waiver of, or excuse for any other different or subsequent breach.
13.CONTACT INFORMATION
If any User has any grievance, comment, question or
suggestion regarding any of our Services, please contact our customer service
at kavacharogya@gmail.com. If any other party(s) has any questions concerning
the Company, the Website, these Terms , or anything related to any of the
foregoing, Please also refer to our grievance redressal policy available
at GRIEVANCE
REDRESSAL POLICY.
