A medical practitioner or health care provider (whether an individual professional or an organization) or similar institution wishing to be listed, or already listed, on the Website, including designated, authorized associates of such practitioners or institutions(“Practitioner(s)”, “you” or “User”).
A patient, his/her representatives or affiliates, searching for Practitioners through the Website (“End-User”, “you” or “User”).
Otherwise a user of the Website (“you” or “User”).
For Practitioners: Maintenance of a database of listed Practitioners including their profiles and contact details, to be made available to the other Users and visitors to the Website.
For other Users: (i)Creation of a ‘Membership Account’ with health records of the User (ii) search for Practitioners by name, specialty, and geographical area, or any other criteria that may be developed and made available by HealthQik, (iii) to make appointments and consultation with Practitioners, and (iv) delivery of medicines by appropriate pharmacy.
HealthQik provides the afore enlisted services in the capacity of a facilitating platform for the provision of the services. While HealthQik ensures the fulfilment of the purposes sought to be achieved by the Users, as delineated in this Agreement, it is exempted from the following liabilities:
The absence of patient’s consent and upload of his medical records in the case of walk-in patients or those booking an appointment via telephone call.
The upload of incorrect or flawed diagnosis or medical record by the concerned clinic or Practitioner.
Privacy of patient’s record and the upload of such record is solely the duty of the doctor and patient arising out of their fiduciary relationship.
Delay in the delivery of medicines which is a prerogative of the concerned pharmacy.
Incorrect entry of retail and offer price, which is solely the responsibility of the concerned pharmacy/lab.
Incorrect quantity or medicines sent by the pharmacy.
Monetary transactions between patient/users and providers.
While HealthQik strives to ensure a confirmed appointment for an End-User on his request for an appointment, no liability arises on HealthQik for the failure of obtaining a confirmed appointment. Further, HealthQik is exempted from liability if such appointment is confirmed but later cancelled by Practices or Practitioners, or the Practitioners are not available as per the given appointment time.
In order to access the Website, and to post any User Content on the Website, you must register to create an account with HealthQik (“HealthQik Membership”) and become a “Member&rdquo.
All prospective Members below the age of 18 must submit to the Company verified parental consent when applying for HealthQik Membership.
You will at all times provide accurate, current and complete information to the Company.
You will update such information to keep it accurate, current and complete. The Company reserves the right to suspend or terminate your HealthQik Membership or restrict access to the Website if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete.
You are responsible for safeguarding your password for your HealthQik Membership. You may not disclose your password to any third party and you take sole responsibility for any activities or actions under your HealthQik Membership, whether or not you have authorized such activities or actions. You will immediately notify the Company immediately of any breach of password security or unauthorized use of your HealthQik Membership.
The Company reserves the right, at its sole discretion, to modify and/or discontinue all aspects and/or any part of the Website, including any portion thereof on a global or individual basis.
While the Company endeavors to ensure that the Website is normally available 24 hours a day, you hereby acknowledge that the Company shall not be liable if for any reason the Website is unavailable at any time or for any period or if your access to the Website is suspended.
You are responsible for ensuring that your computer system, mobile telephone or other communication device meets all relevant technical specifications necessary to use the Website.
The Company reserves all rights to deny or restrict access to this Website to any person or organization, or to block access to the Website from a particular internet address or geographical territory at any time, without ascribing any reasons whatsoever.
On the creation of a membership account, HealthQik shall gain access to the personal account information and contact details as provided by the User, so as to use such information for booking appointments with practitioners, delivery of medicines by pharmacies and obtaining feedback on the services provided by the website.
HealthQik exempts liability of the authenticity of personal information provided by the User or any person acting on behalf of the User.
Confidentiality of membership account of User including the username and password so created is the responsibility of the User. The User shall be responsible for all usage of the account and password. Any unauthorised access or use of User’s account must be intimated to HealthQik Grievance Officer at the contact details provided in this agreement.
Discontinuance of services by HealthQik of a User who is suspected to be fraudulently using the website or providing inaccurate information.
Information collected by HealthQik regarding profiles of practitioners are updated from time to time. While the practitioner’s information including his photographs are screened by HealthQik, HealthQik is exempted from liability regarding inaccuracies or incompleteness of such information.
HealthQik exempts any liability from viruses or any damages to a User’s equipment on account of his account, use or access of HealthQik’s services through the Website.
HealthQik reserves the right to terminate or suspend an account of a User in the event of provision of fraudulent, incomplete or inaccurate information by a User, for the protection of its business and in the interest of other users.
While HealthQik will try to ensure a confirmed appointment for an End-User who requested an appointment on Website, it does not guarantee that a patient will get a confirmed appointment. Further, HealthQik has no liability if such appointment is confirmed but later cancelled by Practices or Practitioners, or the Practitioners are not available as per the given appointment time.
HealthQik serves as a platform to connect Users, Practitioners and Pharmacies. It exempts liability from the following:
Any wrong medication or treatment quality being given by the Practitioner(s), or any medical negligence on part of the Practitioner(s).
Any type of inconvenience suffered by the User due to a failure on the part of the Practitioner to provide agreed services or to make himself/herself available at the appointed time, no show by the Practitioner, inappropriate treatment, or similar difficulties.
Any misconduct or inappropriate behaviour by the Practitioner or the Practitioner’s staff.
Cancellation or rescheduling of booked appointment or any variance in the fees charged.
Any medical eventualities that might occur subsequent to using the services of a Practitioner, whom the User has selected on the basis of the information available on the Website or with whom the User has booked an appointment through the Website.
The terms hereinunder are only applicable to Practitioners.
HealthQik maintains a database with profiles of listed Practitioners including their contact details thereby reserving its right to publish or withdraw publication of the profile of a Practitioners with or without notice to such Practitioner.
The information so collected, directly or indirectly, from the concerned Practitioner, is for the purpose of facilitating interaction with the End-Users and other Users of the website.
HealthQik deems no liability for a hierarchy in enlisting of practitioners on its own website or other websites.
In the event of provision of consent by the patient, HealthQik deems no liability for any losses, damages, injuries or expenses.
HealthQik reserves the right to publish the Content provided by Practitioners to a third party including content platforms.
HealthQik exempts liability for any inaccurate, inactive or fraudulent profiles of practitioners.
The publication of contact details of practitioners allows End-Users to book appointments and not for consultation purposes.
All practitioners must accept terms of this agreement. Any contravention thereof is his sole responsibility and HealthQik is exempted from any such liability.
Profile Ownership. Practitioners are deemed to provide accurate profile information and update it thereafter, in accordance with the law, thereby ensuring no breach of third-party rights including intellectual property rights. However, HealthQik reserves the right to ownership of the Practitioner’s profile and photographs. In the event of contravention of any provision of this agreement or the law applicable, HealthQik shall delete parts of the profile information at its sole discretion with or without notice given to the practitioner.
HealthQik reserves the right to display sponsored ads on the Website, marked as ‘sponsored ads’. However, no liability is assumed by HealthQik on the question of inaccuracy of the content displayed in sponsored ads or for the services provided by the sponsored ads. Such ads are displayed independently, bereft of any encouragement from HealthQik for the use of services displayed in such ads.
During consultation with a User in the performance of his services, practitioner must refrain from the usage of language that is considered abusive, objectionable or derogatory to the User or in general.
HealthQik shall remit the fees to the practitioner in accordance with terms agreed between the practitioners and HealthQik in the License Agreement executed.
HealthQik reserves the right to revise the fee terms at any time at their discretion. The practitioners continued provision of services under the Website shall constitute his implied consent to such revision.
Practitioner must promise that he is qualified to provide medical services within the territory of India and has obtained requisite licenses for such provision of medical services without prejudice to its continuance or renewal.
HealthQik serves as a platform to connect Users with practitioners and further ensure delivery of medicines by pharmacies. The following terms apply to pharmacies. Should there be any failure to meet the following terms, HealthQik will not assume responsibility.
Provision of medicines by pharmacy within one hour of the patient’s acceptance of offer.
Provision of the precise medicine as prescribed by practitioner in the precise dosage. No substitution of such prescribed medicine with an alternative brand shall be permitted. In the event of such substitution, HealthQik exempts liability and the pharmacy assumed full responsibility for failure to make the precise provision of medicine.
Prescribed medicine must contain an expiry date of minimum three months or more, from the date of order.
Any queries of a patient regarding medicines shall be resolved by the pharmacist.
Pharmacist shall make offer to deliver medicines to patient only in the event of confirmed availability with itself of the prescribed medicine brand and exact quantity.
No tampering with the medicine delivery box shall be permitted. Such box will be sealed by pharmacist and only allowed to be unsealed again by the patient himself.
As mandated by Regulation 3(2) of the IG Rules, HealthQik hereby informs Users that they are not permitted to host, display, upload, modify, publish, transmit, update or share any information that:
Belongs to another person and to which the User does not have any right to.
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.
Harm minors in any way.
Infringes any patent, trademark, copyright or other proprietary rights.
Violates any law for the time being in force.
Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature.
Impersonate another person.
Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource.
Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
You agree to indemnify, defend and hold harmless Company and its officers, directors, employees, agents, affiliates, successors and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs or expenses of whatever kind, including reasonable attorney’s fees, arising from or relating to your use or misuse of the Application or your breach of this Agreement. Furthermore, you agree that Company assumes no responsibility for the content you submit or make available through this Application.
If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.
No failure to exercise, and no delay in exercising, on the part of either party, any right or any party hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms. The terms of this Agreement shall govern.
Pursuant to the Information Technology Act, 2000, and the rules made there under, if you have any grievance with respect to the Website or the service, including any discrepancies and grievances with respect to processing of information, you can contact our Grievance Officer at email@example.com.In the event you suffer as a result of access or usage of our Website by any person in violation of Rule 3 of the IG Rules, please address your grievance to the above person.
These Terms represent the entire understanding and agreement between The Company and you concerning your use of the Website and the Content. Any and all previous courses of dealing, written or oral understandings, discussions, representations, correspondence and communications between The Company and you are hereby superseded. You hereby agree that you have not relied upon, and will have no remedy in respect of, any warranty, statement, representation or understanding made by any party including The Company unless it is expressly set out in these Terms.
YOU ACKNOWLEDGE AND AGREE THAT, BY CLICKING ON THE “REGISTER” OR “LOGIN” BUTTON, OR BY ACCESSING OR USING THE SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED AS A MEMBER. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS THE WEBSITE, BENEFIT FROM THE SERVICES OR USE THE HEALTHQIK CONTENT.