TERMS AND CONDITIONS OF USE
This document is an electronic record in terms of the Information Technology Act, 2000 and rules framed thereunder as applicable. This electronic record is generated by a computer system and does not require any physical or digital signatures.
Healthcius Services Private Limited, a private limited company, incorporated under the Indian Companies Act, 2013, allotted Corporate Identification Number (CIN) U72900MH2016PTC288275 and having its registered office at 75/76, 07th Floor, C wing, Mittal Court, Jamnalal Bajaj Marg, Nariman Point Mumbai 400021 and operating under its trade name 'HealthCius', (hereinafter referred to as 'HealthCius') is the owner of the domain name [●] and application [●] (hereinafter referred to as the 'HealthCius Platforms').
- Applicable Law shall mean any common or customary law, constitutional law, any statute, regulation, resolution, rule, ordinance, enactment, judgment, order, ordinance, decree, directive, notification, clarification (issued by a Government Authority), guideline (issued by a Government Authority), policy, requirement or other governmental restriction or any form or decision of or determination by or interpretation of any of the foregoing by any Government Authority, now or hereafter in effect, in each case as amended, re-enacted or replaced.
- Service shall mean the services provided by HealthCius in respect of use of the HealthCius Platforms and the features and the support services to the Users facing difficulties in using the HealthCius Platforms.
- Doctor shall mean a medical practitioner/ hospital/ nursing home, engaged in providing health care services.
- Patient shall mean the Doctor's patient who registers to avail the Services on the HealthCius Platforms.
- Patient Data shall mean to include without limitation, personal details, allergies, medical history, current medical condition, etc.
- Patient Registration Form shall mean the form the Patient is required to fill and submit at the time of registration; and
- User shall mean any person who accesses or uses the HealthCius Platform for the purpose of browsing, publishing, sharing, transacting, displaying or uploading information for viewing including without limitation, the Doctor and the Patient.
For the Purpose of these Terms, words referring to masculine shall include the feminine and the singular shall include the plural and vice versa as the context admits or requires; and words importing persons includes individuals, incorporated and unincorporated entities.
- To be eligible to access the HealthCius Platforms, the User is required to fulfill the conditions listed below
- (a) the User shall be competent to enter into legally binding contracts as defined under the Indian Contracts Act, 1872;
- (b) the User being a medical practitioner/ nursing home/ hospital shall have all valid and subsisting licences; and
- (c) the User being a medical practitioner/ nursing home/ hospital shall have no pending litigation or Order against himself/it in or by any Court/ adjudicating authority/ Charity Commissioner prohibiting it from practicing generally or any Order that prohibits from the use of the HealthCius Platforms.
However, a minor's parent/ guardian may manage the minor Patient's profile if they fulfill the above mentioned conditions.
- HealthCius reserves the right to terminate the User's registration and / or refuse to provide the User with access to the HealthCius Platforms if it is brought to HealthCius notice or if it is discovered that the User is under any disability described above.
- The User agrees that HealthCius is a platform which acts merely as a facilitator between the Users and the Doctor wherein and the Doctor can track the Patient's health on HealthCius Platforms and both the Doctor and the Users can avail other Services of HealthCius.
- HealthCius Platforms are only for the purpose of tracking the Patient's health.
- The Doctor must subscribe to the HealthCius Platforms by entering into the Software Licence Agreement with HealthCius and making the required payments.
- Upon completion of the formalities mentioned in Clause above, HealthCius shall create the Doctor's profile and provide the Doctor with access to the HealthCius Platforms.
- To create a Patient's profile the Doctor will be required to provide HealthCius with the duly filled Patient Registration Form based on which HealthCius will create a profile for the Patient.
- In consideration of the User's use of the HealthCius Platforms, the User agrees to:
- Provide accurate, current and complete Patient Data about itself as may be required by Patient Registration Form.
- Maintain and promptly update the Patient Data, and any other information User provides to HealthCius, to keep it accurate, current and complete.
- Maintain confidentiality of the password and identification.
- Notify HealthCius immediately of any unauthorized use of the User's account or other breach of security.
- Accept all responsibility for any and all activities that occur under the User's account (whether through authorized or unauthorized access) including, but without limitation to, information retrieved, stored and transmitted through the HealthCius Platforms by the User
- Accept all risks of unauthorized access to the Patient Data and any other information User provides to HealthCius and
- User will ensure compliance with all notices or instructions given by HealthCius from time to time to enable the use of the HealthCius Platforms.
- The Doctor shall be required to make the required payments in accordance with the Software Licence Agreement entered with HealthCius in order to access the HealthCius Platforms and avail the Services.
- The Doctor agrees that HealthCius shall be entitled to suspend the access to the HealthCius Platforms and the Service for any non-payment under the Software Licence Agreement or any renewal thereof.
- Smart Prescription Feature
- The smart prescription will be divided into four fields viz. vitals, medication, habits and appointments;
- The Doctor shall be required to provide HealthCius with a prescription authenticated by the Doctor, contents of which shall thereafter be updated by HealthCius on the Patient's profile;
- The Doctor will track the Patient's health by accessing the Patient's dashboard and recommend changes in habits, recommend medication or tests by feeding comments in the doctor examination section on the HealthCius Platforms;
- The Patient will be required to update its vitals and other information such as medicines consumed and activities undertaken in the fields for vitals and habits on the HealthCius Platforms;
- The smart prescription serves as a consolidated treatment tracking tool;
- Tracking Patient's Health
- The Doctor shall be required to set parameters for each Patient based on which fields will be created under the Patient's profile to track the Patient's Health;
- The Doctor will have a single window view for all Patients and the same will display allocation of Patients into red, yellow and green zones based on their health growth;
- The Patients can track their individual health parameters. HealthCius may alter the general indicative parameters from time to time and update the same on the HealthCius Platforms.
- The Doctor shall receive smart alerts with respect to their Patient's health;
- The Patient shall receive custom alerts with respect to the consumption of medicine, health activity to be undertaken, diagnostic test to be taken and follow up appointments.
INTELLECTUAL PROPERTY RIGHTS
- HealthCius is the sole owner or lawful licensee of all the rights of the HealthCius Platforms including but not limited information, online database, computer source code, computer resource, etc.. For the purpose of this Clause 8, the content on the HealthCius Platforms includes its design, layout, text, images, graphics, sound, video, etc as well as non superficially visual functional elements. The title, ownership and intellectual property rights in the HealthCius Platforms and its content shall remain with HealthCius solely and exclusively.
- HealthCius and related icons and logos are trademarks, for which registration has been applied for by HealthCius in various jurisdictions and the same is protected under applicable trademark and other intellectual property laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited and shall be subject to appropriate legal proceedings against the unauthorized user.
- The User agrees and acknowledges that all the content on the HealthCius Platforms is the copyright of HealthCius.
- The User agrees to indemnify HealthCius from any and all damages, losses, claims and liabilities (including legal costs on a full indemnity basis) which may arise from the User's breach of the Terms
REPRESENTATIONS, WARRANTIES AND ACKNOWLEDGEMENTS
- The User hereby represents and warrants to HealthCius that:
- The User has full power and authority to accept the Terms and to perform the obligations hereunder;
- The information/ Patient Data submitted by the User during the registration process or thereafter throughout the continuation of the use of the HealthCius Platforms or Services is true, accurate, current and complete. The User agrees that if it provides any information that is untrue, inaccurate, not current or incomplete or HealthCius has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with these Terms, HealthCius shall have the right to indefinitely suspend or terminate or block access to the User's account on the HealthCius Platforms;
- The User shall not use the Services to defraud any person or entity;
- 1The User shall not involve any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information;
- The User shall not involve any scheme to undermine the integrity of the data, systems or networks used by HealthCius and/or any User of the HealthCius Platforms or gain unauthorized access to such data, systems or networks;
- The User hereby agrees to use the HealthCius Platforms solely for its own personal, non-commercial use;
- The User agrees that use of any content or materials on the HealthCius Platforms for any purpose not expressly permitted in the Terms is prohibited;
- The User agrees to provide all necessary information, materials and approval, and render all reasonable assistance and cooperation necessary for the provision of the Services by HealthCius. If the User's failure to do so results in delay, or suspension or termination of, the provision of any Service, HealthCius shall not be obliged to extend the relevant service period nor will HealthCius be liable for any loss or damages arising from such delay, suspension or termination;
- The User shall be solely responsible for the contents of the User's communications for which the User may be held legally liable or accountable;
- The User acknowledges and agrees that the User shall be solely responsible for observing Applicable Laws to ensure that all use of the HealthCius Platforms and Services are in compliance with the same;
- The Doctor represents that it has the licence(s), certificate(s), permission(s) and approval(s), if any required to practice as a medical practitioner/ to run a hospital/ nursing home and that the same are valid and subsisting. The Doctor hereby indemnifies HealthCius from any loss, claim, action, cost, damages or liability arising out of or in connection with the absence or invalidity of any such licence(s), certificate(s), permission(s) and approval(s);
- The Doctor warrants that the Doctor shall be solely responsible and liable for the prescription prescribed by the Doctor. The Doctor hereby indemnifies HealthCius from any loss, claim, action, cost, damages or liability arising out of or in connection with the prescription being inadequate or erroneous;
- The Patient agrees that health alerts and information displayed on the HealthCius Platforms are only for reference;
- The Users agree that the drug information on the HealthCius Platforms is obtained from reputable publicly available resources and that HealthCius shall not be held liable for its correctness and/or accuracy;
- The Patient agrees to accurately fill the Patient registration form;
- The Doctor undertakes that it shall set parameters for each Patient and provide such details to HealthCius to be made available to the Patient;
- The Doctor undertakes to forward the prescriptions in timely manner;
- The Patient agrees that HealthCius is duly authorized by it to deal with Patient Data and only to the extent to feed the Patient Data in the HealthCius Platforms; and
- The Users agree and acknowledge that the Doctor and not HealthCius is solely responsible for data security and protection on the Doctor's devices and/ or the computer used by the Doctor.
- HealthCius shall be entitled to terminate the Doctor's registration for any breach of the Terms and the termination shall be in accordance with the Software Licence Agreement entered into between HealthCius and the Doctor.
- In the event of termination, HealthCius shall purge the Patient Data after returning the same to the Patient in a form requested by the Patient.
PATIENT DATA PROTECTION AND CONFIDENTIALITY
- The ownership of the Patient Data shall lie exclusively with the Patient;
- The Patient Data shall be accessed only by persons duly authorized by the Patient and shall not be shared with any third party and shall not be viewed by any person other than the Doctor and the Patient;
- The Patient Data will be dealt with only for the purpose for which it is authorized and in a diligent manner;
- (a) The provisions of Information Technology Act, 2000 relating to processing of personal data, as may be amended from time to time;
- (b) The provisions of the Information Technology (Intermediary Guidelines) Rules, 2011 as may be amended from time to time;
- (c) The provisions of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 as may be amended from time to time
- HealthCius reserves the right to cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. Further, HealthCius may disclose the User's identity and contact information, if requested by a government or law enforcement body or other legal action. HealthCius shall not be liable for damages or results arising from such disclosure, and User agrees not to bring any action or claim against HealthCius for such disclosure
LIMITATION OF LIABILITY
- The User agrees that HealthCius will not be held liable for any loss or damage with respect to the use of the HealthCius Platforms, if the same arises out of any cause due to which HealthCius is wholly or partly unable to perform its obligations and which is not reasonably within the control of HealthCius. Further, HealthCius will not liable for any loss or damage which is not a result of the fault or negligence of HealthCius or which occurs despite all reasonable attempts of HealthCius to avoid or mitigate the same. This includes without limitation, acts of God, war, riots, civil disturbances, cyclones, hurricanes, floods, earthquakes, storms and other natural calamities, epidemics, plagues, terrorist attacks, accidents, trade restrictions, acts of any government authority leading to a delay in adhering to the time lines of delivery, strikes, labour, employee difficulties, cyber hacking and other events or circumstances that are beyond the reasonable control of HealthCius ('Force Majeur Event').
- The HealthCius Platforms have been designed to comply with the laws of India and hence HealthCius shall be governed by the laws of India. The User agrees that it shall be responsible for being aware of the laws of the User's jurisdiction and shall act in compliance with them;
- Further, the courts of Mumbai shall have exclusive jurisdiction in case of any preliminary relief sought in respect of all the terms, conditions and disclaimers.
- All disputes or differences arising between the User and HealthCius as to these Terms or any other matter in relation to or in connection with the User's use of the HealthCius Platforms shall be referred to a sole arbitrator who shall be appointed by HealthCius as per the provisions of the Arbitration and Conciliation Act, 1996 or any amendments thereto. The seat and venue of arbitration shall be Mumbai and the language shall be English.
- The User agrees and acknowledges that the User is solely responsible for compliance with Applicable Laws. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms to be unenforceable, the remainder of the Terms will continue in full force and effect. These Terms (including the Software Licence Agreement) constitute the entire agreement between HealthCius and the User and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter of these Terms. HealthCius reserves the right to investigate complaints or reported violations of these Terms and to take any action, HealthCius deems necessary and appropriate. Such action may include reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties. In addition, HealthCius may take action to disclose any information necessary or appropriate to such persons or entities relating to User profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information. HealthCius reserves the right to seek all remedies available at law and in equity for violations of these Terms.
- All of HealthCius notices, demands and other communications must be in writing and will be deemed to have been given (a) if mailed by certified mail, postage prepaid, (b) if delivered by overnight courier, or (c) if sent by electronic mail, and such message is confirmed as received, in each case to the address or e-mail address specified on the order for the recipient of such notice. All of the User's notices, demands and other communications must be in writing and will be deemed to have been given (a) if mailed by certified mail, postage prepaid or if delivered by overnight courier, to HealthCius address.
- In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer who can be contacted with respect to any complaints or concerns including those pertaining to breach of HealthCius's Terms & Conditions, and other polices or questions are published as under:
Grievance Officer Name: Zoheb Ahmed
Email address: firstname.lastname@example.org
10:00 AM to 6:00PM from Monday to Friday except Public Holidays