THIS DOCUMENT IS PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF RULE 3 (1) OF THE INFORMATION TECHNOLOGY (INTERMEDIARIES GUIDELINES) RULES, 2011, AND INFORMATION TECHNOLOGY (REASONABLE SECURITY PRACTICES AND PROCEDURES AND SENSITIVE PERSONAL DATA OR INFORMATION) RULES, 2011, FOR ACCESS OR USAGE OF SWASTHYA SOFTWARE (hereinafter "Swasthya Service(s)").
The internet resource www.swasthya.ai and the mobile application Swasthya Connect (hereinafter collectively referred to as "Platform") is owned and published by BeH Private Limited, having its registered office at 1118/B, Lakaki Road, Model, Colony, Pune 411016 (hereinafter "Swasthya").
This Agreement consists of the following terms and conditions (hereinafter the "General Terms") and terms and conditions, if any, specific to use of individual Services (hereinafter the "Service Specific Terms"). The General Terms and Service Specific Terms are collectively referred to as the "Terms". In the event of a conflict between the General Terms and Service Specific Terms, the Service Specific Terms shall prevail.
These Terms, along with the others found on our Platform, include our policy for acceptable use of Swasthya, its content, the content posted on Swasthya, your rights, obligations, and restrictions regarding your use of the Platform. By accessing Swasthya, you accept, without limitation or qualification, all the Terms applicable to the Platform, as amended from time to time. If you do not accept these Terms, you must discontinue use of Swasthya. By accepting these Terms, you are entering into a legally binding Agreement ("Agreement") with us.
We may modify these Terms from time to time and such modification will be effective upon posting on the Platform. You agree to be bound to any changes to these Terms when you use the Platform after any such modification is posted. It is important that you review these Terms regularly to ensure you are updated as to any changes made. You must access our Privacy Policy detailed below.
We reserve the right, in our sole discretion, to terminate the access to the Platform and the related services or any portion thereof at any time, without notice to you.
"Account" shall mean the account created by the HSP on the Platform for availing the Services provided by or facilitated by Swasthya.
"Content" shall mean to any text, image, graphic, video, audio, or all forms of data which are made available on the Platform.
"Doctor" shall mean a medical practitioner, registered under applicable laws to practice the system of medicine and provide Medical Treatment.
"Healthcare Service Provider" or "HSP" shall mean duly qualified professionals licensed to provide various healthcare and related services that Registered Users can interact with and avail services from using the Platform. The term shall also include Doctors and registered Private Medical Establishments.
"HSP Payment" shall mean such amount in Indian Rupees, which is reflected on the Platform, as the amount payable to the HSP for the provision of services or the sale of products to Registered Users.
"Intellectual Property Rights" shall mean all intellectual property rights and all analogous rights subsisting under the laws of each and every jurisdiction throughout the world and intellectual property for the full term of the rights concerned and including all extensions and renewals of such rights, whether or not such rights are registered or capable of registration, including, without limitation, copyrights, trademarks, trade names, service marks, service names, patents, designs and all other proprietary rights of whatsoever description whether or not protected and whether or not capable of protection.
"Law" or "Applicable Law " shall mean any statute, law, regulation, ordinance, rule, judgment, notification, rule of common law, order, decree, by-law, government approval, directive, guideline, budgetary declarations, circular, press notes, requirement or other governmental restriction, or any similar form of decision of, or determination by, or any interpretation, policy or administration having the force of law in India or any other relevant jurisdiction, by any authority having jurisdiction over the matter in question, whether in effect as of the date of this document or thereafter, and the word "Laws" shall be construed accordingly.
"Medical Treatment" shall mean systematic diagnosis and treatment for prevention or cure of any disease, or to improve the condition of health of any person through allopathic or any other recognised systems of medicine.
"Private Medical Establishment" shall mean a hospital or dispensary with beds or without beds, a nursing home, clinical laboratory, diagnostic centre, maternity home, radiological centre, scanning centre, physiotherapy centre, clinic, polyclinic, consultation centre and such other establishments by whatever name called where investigation, diagnosis and preventive or curative or rehabilitative Medical Treatment facilities are provided to the public and includes voluntary or private establishments, as defined by and carrying on any practice or business in accordance with, applicable laws.
"Registration Data" shall mean and may include the present, valid, true, and accurate name, email id, phone number, address, educational, employment, and professional credentials, proof of identity and address such as Aadhaar, PAN, proof of tax registration such as GSTIN, and such other information and supporting data as may be required by Swasthya from the HSP from time to time for registration on or through the Swasthya Platform.
"User" shall mean the natural persons who may avail HSP services through the Platform, either for themselves or for others as Caregivers.
"Terms", Terms of Use" etc., shall mean the entire Terms of Use and all parallel policies that are applicable.
"We", "Us", "Our", " Company" shall mean Swasthya.
Swasthya Platform
Swasthya acts as an interface between HSP's and between the HSP and the Users. Swasthya offers the following features for Healthcare Service Providers:
(i) HSPS may create a profile containing name, qualification, experience, specialization, consultation fees, education, professional memberships etc. on the Platform, and provide such other information as requested. Such Profiles are accessible to all Registered as well as Non-Registered Users.
(ii) HSPs may use the Platform for private (online or in-person) interactions and consultations with Registered Users. HSPs may exchange text messages, images, videos, and sensitive information over the Platform and communicate through other means available.
(iii) HSP's may use the Platform for the provision of its services to, and the sales of its products to, the Registered Users.
(iv) HSP's may use the Platform to interact with other HSP's.
You must be of legal age to enter into a binding agreement in order to accept the Terms. If you do not agree to the General Terms, do not use any of our Services. If you agree to the General Terms and do not agree to any Service Specific Terms, do not use the corresponding Service. You may accept the Terms by checking a checkbox or clicking on a button indicating your acceptance of the terms or by actually using the Services, or by accessing and using the Platform.
Without limitation to the foregoing, in the event you are barred from undertaking legally binding obligations under the Indian Contract Act, 1872, and/or are for any reason, unable to provide 'Consent' as per the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011, you are not eligible to register for, use or avail the services available on the Platform.
The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but not limited to:
1. the Indian Contract Act, 1872,
2. the Indian Information Technology Act, 2000, and the rules, regulations, guidelines and clarifications framed there under, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the "SPI Rules"), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the "IG Rules").
Registration as HSP
As part of the registration process and at any time thereafter, You may be required to provide Us with various information such as your photo id, your business / profession registration details (as recognized by the applicable governing bodies / statutory authorities), your qualifications, professional certifications, your tax and other statutory registrations, your address, and other information in order to prove that you are a valid registered service provider in the field that you claim ("Registration Data").
We may verify such Registration Data or may ask you for additional information. We may also make enquiries from third parties to verify the authenticity of your Registration Data. We may further consider background verification, police verification, civil/criminal Court order check and such other standard verification processes to verify your identity and track record, whether directly or through a third-party service provider. You authorize us to make such enquiries from such third parties, and you agree to hold them and us harmless from any claim or liability arising from the request for or disclosure of such information. You agree that we may terminate your access to or use of the Platform and/or Services at any time if we are unable at any time to determine or verify your Registration Data. We reserve the right to carry out re-verification of Registration Data as and when required, and the above rights and commitments will extend to re-verification as well.
If you provide any information that is untrue, inaccurate, out of date or incomplete (or becomes untrue, inaccurate, out of date or incomplete), or we have reasonable grounds to suspect that the information provided by you is untrue, inaccurate, out of date or incomplete, we may, in our sole discretion, discontinue the provision of the Services to you. You agree that Your use of Tools is subject to verification by your identity and credentials as a registered service provider.
It is hereby reiterated that all data you provided, including without limitation, Registration Data, shall be subject to the terms set forth in our Privacy Policy, and you represent and warrant that you have the absolute right and authority to provide such data to Swasthya.
HSP Account
You are allowed to create and operate only one account using the Registration Data. In case You are unable to access Your account, or suspect any unauthorized use of Your account, please inform Us at info@swasthya.ai and make a written request for blocking Your Account. We will not be liable for any unauthorized transactions made through Your Account prior to the resolution of your request.
You are solely responsible for maintaining the confidentiality of your Registration Data and will be liable for all activities and transactions that occur through Your Account, whether initiated by You or any third party. Your Account cannot be transferred, assigned, or sold to a third party. We shall not be liable for any loss that You may incur as a result of someone else using Your password or Account, either with or without Your knowledge.
If your Account has been compromised or we have reasonable grounds to suspect that your Account has been compromised, we may, in our sole discretion, discontinue the provision of the Services to you or discontinue your access to the Platform by suspending or terminating your Account.
Communications
By using this Platform, it is deemed that you have consented to receiving calls, video calls, messages, e-mails, videos, instant messages, images, and data from us, and/or other HSPs at any time, on the contact information that has been provided by you.
In the event you use the Platform to provide services to any Registered User, we may send order confirmation, or any such other information relevant for the transaction, via text message, chat, e-mail, or by voice call on the contact information provided by you or through information about you received from other parties. This consent to be contacted is for purposes that include and are not limited to clarification calls and marketing and promotional calls.
You may also be contacted by vendors with whom we have entered into a contract in furtherance of our rights, duties and obligations under this document, and all other policies followed by us. The sharing of the information provided to/by you is governed by the Privacy Policy. You hereby unconditionally consent that such communications via SMS, Chat and/ or voice call is (a) upon your request and authorization, (b) 'transactional' and not an 'unsolicited commercial communication' as per the guidelines of Telecom Regulation Authority of India (TRAI) and (c) in compliance with the relevant guidelines of TRAI or such other authority in India. You hereby agree and undertake to indemnify us against all types of losses and damages incurred by us due to any action taken by TRAI, Access Providers (as per TRAI regulations) or any other authority due to any erroneous compliant raised by you against us with respect to the intimations mentioned above or due to a wrong number or email id being provided by you for any reason whatsoever.
Intermediary Platform
The Platform is an intermediary that allows HSPs to provide services to, and interact with, Registered Users and other HSP's. Swasthya may facilitate the interaction between Registered Users and HSPs / HSP's and HSP's based solely on the information that you provide to Swasthya (such as specialty, proximity to your geographical location and additional criteria that you specify) - you are ultimately responsible for choosing to provide services to Registered Users using the Platform or otherwise. Should you choose to interact with a Registered User / HSP through Swasthya in any manner, including without limitation, providing medical or other services, we are not a party to such interaction and take no liability arising from such communication. By using the Platform, you hereby provide your consent to using e-consultation / telemedicine service as governed by the regulations prescribed by Applicable Laws.
In the event the HSP breaches any term of this Agreement, the Company shall have the right, in addition to the specific rights provided herein, to suspend the account of the HSP for such duration as determined by the Company, or permanently bar the HSP from the Platform, as determined by the Company, which determination shall be final and binding on the HSP.
You release and indemnify us and/or any of our officers and representatives from any cost, damage, liability, or other consequence of any of the actions of the Users on the Platform and specifically waive any claims that you may have in this behalf under any applicable law.
DISCLAIMER: DUE TO SOME TECHNICAL ISSUES, TYPOGRAPHICAL OR HUMAN ERRORS, IMAGES, RATINGS, SERVICES, SERVICE DESCRIPTIONS, PRICES, HSP DETAILS, USER DETAILS, AND ANY INFORMATION RELATED TO HSPS, USERS, OR CONTENT MAY BE INCORRECTLY REFLECTED ON THE PLATFORM. WE DO NOT TAKE ANY RESPONSIBILITY FOR THE RELIANCE PLACED ON SUCH INCORRECT INFORMATION. WE ASSUME THAT THE USERS LISTED ON THE PLATFORM ARE AUTHENTIC AND ACCURATE AND THE HSPS AND USERS HAVE THE AUTHORITY TO CARRY ON THE TRANSACTIONS ALLOWED, FACILITATED, OR OTHERWISE ACCESSIBLE ON OR THROUGH THE PLATFORM.
Video calls with Users
Users and Caregivers may use the Platform to connect with HSP's over online video calls at a predetermined time. The Platform uses third-party services to offer this feature to Users and HSP's, such as those offered by Zoom or Microsoft Teams. By using this feature, the HSP agrees and accept the Terms of Use of such third-party service providers.
Service Fee and Payments
HSP's may set a consultation rate for consultations with Users. In order to provide Services, Swasthya charges HSP's a 'service fee' that is a portion of the fees paid by the User for consultation with HSP's. Swasthya reserves the right to change the 'service fee' including the amount and structure applied to HSP's earnings, at our discretion.
Swasthya also reserves the right to charge a fee to Users for the services provided on or through the Platform.
Swasthya shall charge fees for the Service which shall be determined and amended at the sole and absolute discretion of Swasthya. The fees shall be payable by you to Swasthya and shall be as set forth on the Platform. You hereby authorize Swasthya to deduct from the payment due to you, all sums due to Swasthya for the Services rendered at the rates then applicable and displayed to you on the Platform.
Notwithstanding the aforementioned, the HSP authorizes Swasthya to deduct, the following fees:
a. The fees for being listed on the Platform; and
b. Any other charges that may be added in the statement of dues, if any.
Swasthya shall periodically pay the HSP's the fees due to them for services rendered by the HSP to the User (subject to the deductions as set forth above).
No-shows or cancellations of prescheduled consultations by HSP's can be inconvenient and frustrating for Users. To that end, Swasthya reserves the right to suspend or terminate the HSP's account for more than 5 no-shows or consultation cancellations in the same month.
1. The Company shall list on the Platform, the profile of the HSP.
2. On receipt of a consultation booking, it will be allotted to the HSP through the Platform.
3. In the event of any cancellation by the User, the Company shall intimate the HSP of the same, and such booking shall stand cancelled. The HSP hereby agrees and undertakes to ensure that such cancellation shall be accepted by the HSP.
4. The Company shall periodically generate and provide the HSP with reports on the Services offered by the HSP. The HSP shall not in any manner expect the Company to provide any other information including without limitation any confidential information of the User to the HSP vide such reports. Such information, confidential and otherwise shall be exclusive proprietary property of the Company.
HSP Representations and Warranties
By using the Platform and/or the Services, you represent and warrant that you have the right, authority, and capacity to enter into these Terms of Use and to abide by all of the terms and conditions set forth herein, and that the Registration Data provided by you is accurate, complete, current, valid, and true and is updated from time to time. The Platform is administered in India and is intended for Indian users; any use outside of India is at the user's own risk and users are responsible for compliance with any local laws applicable to their use of the Services or the Platform.
The HSP represents, warrants, and covenants that:
1. he shall carry out obligations with a reasonable standard of care, skill and diligence as maintained by persons providing, on a commercial basis, similar services;
2. he shall maintain a 'Reserve Bank of India KYC compliant' bank account;
3. he is a person of good repute and character and has never have been convicted of an offence involving moral turpitude and that no warrant, summons, FIR or any other process has been initiated against or issued in its name by any court of law, Governmental authority or law enforcement agency. Further, the HSP has not been convicted of (a) negligence or (b) any cognizable offence under the Code of Criminal Procedure, 1973, and that no proceeding is pending against the HSP regarding the same;
4. he shall maintain and continue to maintain all local licenses, permits, approvals and consents applicable to the services;
5. he shall comply with any tele-medicine course as and when declared and made mandatory by the government;
6. he shall not provide any kind consultancy/prescription of medicine which is restricted by law;
7. he is fully authorized and empowered to enter into this Agreement, and that its performance of the obligations under this Agreement shall not violate any agreement between the HSP and any other person, firm or organization or any law or governmental regulation;
8. he holds the complete intellectual property rights in the HSP content submitted to the Company;
9. that the use of the HSP content by the Company shall not infringe upon the rights of any third-party, including intellectual property rights; and that
10. the HSP expressly understands and agrees that this agreement does not authorize him to be a representative of the Company or vice-versa, for any purpose whatsoever.
You represent and warrant that You shall not use the Services in violation of any applicable laws and guidelines including Indian Medical Council (Professional conduct, Etiquette and Ethics) Regulations, 2002, or any other code of conduct governed by Your professional council.
You represent and warrant that you alone are responsible for maintaining your current qualifications and professional certifications, and shall submit a duly self-attested copy of your educational certificates as well as Central/State Medical Council Registration Certificates along with Pan Card, Identity Proof (Aadhar Card, Voters ID, Passport, Driving License) and Address Proof as well as banking details at the time of registration or before offering or providing services through the Platform.
You hereby acknowledge that by using the Platform to provide Services, you will gain access to sensitive personal information of Users. You represent and warrant that You will, at all times during the use of the Tools and thereafter, comply with all laws directly or indirectly applicable to you that may now or hereafter govern the collection, use, transmission, processing, receipt, reporting, disclosure, maintenance, and storage of sensitive personal information of Patients, including but not limited to the Information Technology Act, 2000 and The Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 made thereunder.
Notwithstanding the generality of the aforementioned provision:
You acknowledge that you have read, understood, and agree to comply with Swasthya's Terms of Service, Privacy Policy and other applicable terms and policies. You further acknowledge that the Registered User is the sole owner of their sensitive personal information.
You represent and warrant that You will not use Registered User information for any purpose other than for providing Services, and/or for such purposes as expressly authorised by the Registered User.
Types of content on the Platform:
The various types of content available on the Platform may be categorized as follows:
1. Content provided by Registered Users ("User Content").
2. Content provided by HSP including health related information and educational material; and information provided by way of responses to questions raised by Registered Users ("HSP Content").
3. Content which Swasthya (through itself or its service providers) has generated or procured for the Platform ("Swasthya Content").
HSP Content
An HSP may submit content and information pertaining to the Platform. All such content shall be submitted in accordance with applicable law. Further, the option of HSPs to submit such content shall be at our sole discretion and may be modified or withdrawn at our sole discretion.
We reserve the right to publish your content as part of the Service and to also remove any content for any reason whatsoever. We are not, however, responsible for any failure or delay in removing such content.
1. You are solely responsible for any content that you submit, publish, or display on the Platform or transmit to other HSP's and/or Users.
2. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. You may not submit any content or material that infringes, misappropriates, or violates the intellectual property, publicity, privacy, or other rights of any party.
3. You may not provide any content that falsely expresses or implies that such content or material is sponsored or endorsed by us.
4. You may not provide any content that is unlawful or that promotes or encourages illegal activity.
5. You understand and agree that we may (but are not obliged to) review and delete any content that in our sole judgment violates these Terms of Use or which might be offensive, illegal, or that might violate the rights of, harm, or threaten the safety of other Users or members.
6. You agree that you will only provide content that you believe to be true and you will not purposely provide false or misleading information.
By posting content on the Platform, you agree to and hereby do grant, and you represent and warrant that you have the right to grant, Swasthya, its contractors, and the users of the Platform an irrevocable, perpetual, royalty-free, fully sub-licensable, fully paid up, worldwide license to use, copy, publicly perform, digitally perform, publicly display, and distribute such content and to adapt, edit, translate, prepare derivative works of, or incorporate into other works, such content, subject to the terms set forth in the Privacy Policy.
The following is a partial list of the kind of content and communications that are prohibited on/through the Platform. Swasthya reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Services and terminating the membership of such violators or blocking your use of the Services and/or the Platform.
You may not post content that:
1. involves the transmission of unsolicited mass mailing or "spamming"
2. harasses or advocates harassment of another person;
3. is false or intentionally misleading;
4. violates the intellectual property or other rights of any person;
5. is threatening, obscene, defamatory, or libellous; or
6. is pornographic or sexually explicit in nature.
Registered User Content
When you use the Platform to offer or provide services to Registered Users, sensitive personal information of Registered Users is being shared with you and such Registered User information shall at all times be subject to the consent of the Registered User and shall remain the property of the Registered User. Furthermore, the service of making available such information on the Platform is subject to the usage of our Services by you, and does not, in any manner, replace or reduce any obligation on you to store such information imposed by applicable law.
Swasthya Content
This Platform and the information available on or through the Services and/or the Platform, including without limitation, text, photographs, graphics and video and audio content, but excluding HSP Content and User Content is the sole and exclusive property of the Company and/or its licensors and is protected by copyright, trademark, patent, and trade secret laws, other proprietary rights, and international treaties. We retain all right, title, and interest (including all copyright, trademark, patent, trade secrets, and all other intellectual property rights) in the Platform, except as specified to the contrary.
You acknowledge that the Services and any underlying technology or software used in connection with the Services contain the company's proprietary information.
There are a number of proprietary logos, service marks and trademarks found on this Platform whether owned/used by the Company or any other third party. By displaying them on Platform, the Company is not granting you any license to utilize the proprietary logos, service marks, or trademarks. From time to time, the Company may post comments or articles on the Platform. These articles are the Intellectual Property of the Company, and you are prohibited from posting, reproducing, publishing, amending, or editing such articles. In the event you have an issue with any article so posted, you may report the same via mail and we may look into it. We are under no obligation to remove such articles and the final decision lies with us.
We are not in any way liable to you, for any loss arising to you from activities that include but are not limited to our negligence, breach of contract, Intellectual Property infringement, breach of laws, etc.
We give you permission to use the aforementioned content in accordance with these Terms and do not transfer any intellectual property rights to you by virtue of permitting your use of the Services. You may print, download, and store information from the Platform for your own convenience, but you may not copy, distribute, republish, sell, or exploit any of the content, or exploit the Platform in whole or in part, for any commercial gain or purpose whatsoever, save as set forth in these Terms. The Company does not grant you any express or implied rights, and all rights in the Platform and the Services not expressly granted by the Company are retained by the Company.
From time to time, our Platform may have external links connected to other websites of Third Parties. We are in no way liable for the information found on the external websites. External websites may have their own policies and we are in no way responsible for any loss or damage cause by them to you. You are advised to use your own discretion in the navigation and use of external websites.
HSP Obligations
You may use the Platform and the Services for commercial, lawful, and legal purposes alone. You may not use the Platform in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use and enjoyment of the Platform or the Services. You may not attempt to gain unauthorized access to any of the Services, user accounts, or computer systems or networks, through hacking, cracking, intrusion to networks, password mining or any other means. Without limiting any of the foregoing, you agree that you shall not (and you agree not to allow any third party to):
1. copy, modify, adapt, translate, or reverse engineer any portion of the Platform, its content or materials and/or the Services;
2. remove any copyright, trademark or other proprietary rights notices contained in or on the Platform and/or the Services or in or on any content or other material obtained via the Platform and/or the Services;
3. use any robot, spider, website search/retrieval application, or other automated device, process or means to access, retrieve, or index any portion of the Platform and/or the Services;
4. access, retrieve or index any portion of the Platform and/or the Services for purposes of constructing or populating a searchable database of reviews related to the health care industry or medical physicians;
5. reformat or frame any portion of the web pages that are part of the Platform and/or the Services;
6. 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 investigation of any offence or is insulting any other nation;
7. violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
8. use the Platform or any material or content for any purpose that is unlawful or prohibited by these Terms of Use, or the laws of India, or to solicit the performance of any illegal activity or other activity which infringes the rights of this Platform or other third parties;
9. publish, post, disseminate information that is false, inaccurate, or misleading; violate any applicable laws or regulations for the time being in force in or outside India;
10. disrupt or interfere with the security of, or otherwise cause harm to the Platform, systems resources, accounts, passwords, servers, or networks connected to or accessible through the Platform or any affiliated or linked websites;
11. publish, post, or disseminate, any information which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to indecently representing women within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
12. create user accounts by automated means or under false or fraudulent pretences; or
13. collect or store personal data about other users in connection with the prohibited activities described in this paragraph; or
14. upload or make available any data pertaining to a third-party without such third-party's express and continuing consent.
You may not reverse look-up, trace or seek to trace any information on any other user of the Platform, including any Account not owned by you, to its source, or exploit the Platform or Service or information made available or offered by or through the Platform, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Platform.
In addition to our rights in these Terms of Use, we may take any legal action and implement any technical remedies to prevent the violation of this provision and to enforce these Terms of Use.
Disclaimer of Warranties
WE PROVIDE THE PLATFORM AND THE SERVICES 'AS IS', 'WITH ALL FAULTS' AND 'AS AVAILABLE'. WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING ALL STATUTORY WARRANTIES, WITH RESPECT TO THE SERVICES AND THE PLATFORM, INCLUDING WITHOUT LIMITATION ANY WARRANTIES THAT THE SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, RELIABLE OR ACCURATE OR WILL MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING.
WE ARE NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF INFORMATION PROVIDED BY USERS OF THE PLATFORM OR ANY OTHER DATA OR INFORMATION PROVIDED OR RECEIVED THROUGH THE PLATFORM. EXCEPT AS EXPRESSLY SET FORTH HEREIN, SWASTHYA MAKES NO WARRANTIES ABOUT THE INFORMATION SYSTEMS, SOFTWARE AND FUNCTIONS MADE ACCESSIBLE THROUGH THE PLATFORM OR ANY OTHER SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION. SWASTHYA DOES NOT WARRANT THAT THE PLATFORM OR THE SERVICES WILL OPERATE ERROR-FREE, THAT LOSS OF DATA WILL NOT OCCUR, OR THAT THE SERVICES SOFTWARE OR PLATFORM ARE FREE OF COMPUTER VIRUSES, CONTAMINANTS OR OTHER HARMFUL ITEMS. NO ADVICE OR INFORMATION, WHETHER ORAL, WRITTEN, OR OBTAINED BY YOU FROM OR THROUGH SWASTHYA OR FROM ITS SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.
ALL PRESCRIPTIONS AND MEDICAL, SENSITIVE, AND PERSONAL INFORMATION ON THE PLAFORM ARE MADE AVAILABLE BY HSPS AND/OR REGISTERED USERS. SWASTHYA ASSUMES NO LIABILITY FOR THE ACCURACY OR WHOLENESS OF THE INFORMATION PROVIDED.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS THE TERMINATION OF YOUR ACCOUNT. IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO OR ARISING OUT OF YOUR USE OF THE SERVICES OR THE PLATFORM, REGARDLESS OF THE FORM OF ACTION, EXCEED THE GREATER OF: THE TOTAL AMOUNT OF FEES, IF ANY, THAT YOU PAID TO ACCESS THE PLATFORM OR AVAIL THE SERVICES OR RUPEES 1000/- (RUPEES ONE THOUSAND ONLY), WHICHEVER IS LOWER.
IN NO EVENT SHALL WE BE LIABLE TO YOU (OR TO ANY THIRD PARTY CLAIMING UNDER OR THROUGH YOU) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, OR INABILITY TO USE, THE PLATFORM AND/OR THE SERVICES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, ANY OTHER COMMERCIAL DAMAGES OR LOSSES, OR MEDICAL MALPRACTICE OR NEGLIGENCE OF HSPS, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
WE SHALL NOT BE LIABLE FOR ANY FAILURE TO PERFORM ANY OBLIGATIONS UNDER THIS USER TERMS, IF THE PERFORMANCE IS PREVENTED, HINDERED OR DELAYED BY A FORCE MAJEURE EVENT AND IN SUCH CASE OUR OBLIGATIONS UNDER THIS USER TERMS SHALL BE SUSPENDED FOR SO LONG AS THE FORCE MAJEURE EVENT CONTINUES.
IN ADDITION, AND WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL OUR AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE USER TERMS OR THE SERVICES RENDERED HEREUNDER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR OTHER THEORY), WARRANTY, OR OTHERWISE, EXCEED THE AMOUNT OF RS. 1000/- (RUPEES ONE THOUSAND ONLY).
IF APPLICABLE LAW DOES NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY, THE SCOPE AND DURATION OF SUCH WARRANTY EXCLUSIONS AND THE EXTENT OF THE LIABILITY OF THE COMPANY SHALL BE THE MINIMUM PERMITTED UNDER APPLICABLE LAW.
Termination
Swasthya reserves the right to suspend or terminate an HSP's access to the Platform and the Services with or without notice and to exercise any other remedy available under law, in cases where
1. Such HSP breaches any terms and conditions of the Agreement;
2. A third-party reports violation of any of its right as a result of your use of the Services;
3. Swasthya is unable to verify or authenticate any information provide to Swasthya by the HSP;
4. Swasthya has reasonable grounds for suspecting any illegal, fraudulent, or abusive activity on part of such HSP; or
5. Swasthya believes in its sole discretion that the HSP's actions may cause legal liability for such HSP, other Users or for Swasthya or are contrary to the interests of the Platform.
Once temporarily suspended, indefinitely suspended, or terminated, the HSP may not continue to use the Platform under the same account, a different account or re-register under a new account. On termination of an account due to the reasons mentioned herein, such HSP shall no longer have access to data, messages, files, and other material kept on the Platform by such HSP. The HSP shall ensure that he/she has continuous backup of any medical services the HSP has rendered in order to comply with the User's record keeping process and practices.
Indemnification
Upon a request by us, you agree to defend , indemnify, and hold harmless us, our employees, contractors, officers, directors, agents, parent, other affiliated companies, vendors and suppliers, from all liabilities, claims, demands and expenses, including attorney's fees, made by any third party that arise from or are related to (a) your access to the Platform, (b) your use of the Services, or (c) the violation of these Terms of Use by you or any third party using your Credentials of any intellectual property or other right of any person or entity. The foregoing indemnification obligation does not apply to liabilities, claims and expenses arising as a result of our own gross negligence or intentional misconduct.
Swasthya Mobile Applications
Upon download and installation of the mobile application, you grant the following permissions to the application to perform the following actions on the device You have installed the application on:
1. to read from, write on, modify, and delete data pertaining to the application on the device's hard disk and/or external storage;
2. to access information about networks, access networks including Wi-Fi networks, receive and send data through the network;
3. to determine your approximate location from sources including, but not limited to, mobile towers and connected Wi-Fi networks;
4. to determine your exact location from sources including, but not limited to, GPS or its equivalent;
5. to access the model number, IMEI number and details about the operating system of the device the application has been installed on, as well as the phone number of the device;
6. to retrieve information about other applications running on the device the application has been installed on;
7. to detect when the device had been switched off and switched on for the purpose of sending notification/ push notifications;
8. to access and control the device's microphone and record voice content;
9. to access and control the device's Bluetooth settings;
10. to access and control the device's video camera and record images/videos; and
11. to access and change the display and sound settings of the device the application has been installed on.
Entire Agreement
These Terms of Use and any supplemental terms, policies, rules, and guidelines posted on the Platform, including the Privacy Policy, as well as the Asset Agreement constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of Swasthya to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
Choice of Law and Dispute Resolution
These Terms shall be deemed to have been entered into and shall be construed and enforced in accordance with the laws of India as applied to contracts made and to be performed entirely in the State of Maharashtra.
Any controversy, dispute or claim arising out of or related to these Terms of Use or your use of the Services shall be settled by final and binding arbitration to be conducted by an arbitration tribunal in Pune, Maharashtra.
The arbitration tribunal shall consist of one arbitrator. The seat and venue of the arbitration proceedings shall be Pune, Maharashtra.
The language of the arbitration proceedings shall be English.
The provisions of the Arbitration and Conciliation Act, 1996, shall govern the arbitration proceedings.
The decision or award of the arbitrator shall be final, and judgment upon such decision or award may be entered in any competent court or application may be made to any competent court for judicial acceptance of such decision or award and an order of enforcement. The parties agree that the arbitrator shall have the authority to impose equitable and injunctive relief as well as to award monetary relief, as the arbitrator deems appropriate.
The Courts at Pune, Maharashtra shall have exclusive jurisdiction for all disputes arising out of or in relation with this Agreement.
Assignment
We may assign this contract at any time to any parent, subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of our company to another entity. We will post a notice on the Platform regarding any change of ownership so that you have the opportunity to discontinue your use of the Platform or cancel your account if you do not wish to continue to use the Platform and the Services under the new ownership. You may not assign, transfer or sub-license these Terms of Use to anyone else and any attempt to do so in violation of this section shall be null and void.
Updates
From time to time, the Platform may automatically check the version of the mobile application installed on the device of the User and, if applicable, provide suitable updates (hereinafter referred to as "Updates"). Updates may contain, without limitation, bug fixes, patches, enhanced functionality, plug-ins, and new versions of the application. By using the Platform, you authorize the automatic download and installation of Updates and agree to download and install Updates manually, if necessary.
If any provision of the Agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from this Agreement and the remainder of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event, the Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.
1. The Company reserves its exclusive right in its sole discretion to alter, limit or discontinue the Platform or any material posted herein, in any respect. The Company shall have no obligation to take the needs of any user into consideration in connection therewith
2. The Company reserves its right to deny in its sole discretion any user access to this Platform or any portion hereof without notice.
3. No waiver by the Company of any provision of these Terms shall be binding except as set forth in writing and signed by its duly authorized representative.
4. The Company reserves the right, at its sole discretion, to modify or replace, in part or full, any of these User Terms.
5. The Company shall not be required to notify You of any changes made to these User Terms. The revised User Terms shall be made available on the Site. You are requested to regularly visit the Site to view the most current User Terms. You can determine when we last modified the User Terms by referring to the "Last Updated" legend above. It shall be Your responsibility to check these User Terms periodically for changes. We may require You to provide Your consent to the updated User Terms in a specified manner prior to any further use of the Site and the Services. If no such separate consent is sought, your continued use of the Site, following the changes to the User Terms, will constitute Your acceptance of those changes. Your use of the Site and the Services is subject to the most current version of the User Terms made available on the Site at the time of such use.
6. We may give notice by means of a general notice on the Service or Application, or by electronic mail to Your email address or a message on Your registered mobile number, or by written communication sent by regular mail to Your address as provided in the Registration Data.