TERMS OF SERVICE
Updated On: July 6, 2020
Concent Solutions Pvt Ltd., a Hyderabad based company (“we,” “us,” “our,” or “Concent”) provides a suite of software services including Healpha for electronic health records hosted at healpha.com, associated mobile applications including Healpha App among others (collectively, the “Services”).
1. Terms of Services
In addition to these Terms of Service, you and we may enter into a Business Associate agreement before using the Healpha Services.
Applicability of Terms
The Agreement applies to you whether you are -
- 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/Platform or App, including designated, authorized associates of such practitioners or institutions (“Practitioner(s)”, “you” or “User”); or
- A patient, his/her representatives or affiliates, searching for Practitioners through the Website/Platform/App (“End-User”, “you” or “User”); or
- Otherwise a user of the Website/Platform (“you” or “User”).
- This Agreement applies to those services made available by Concent Solutions Pvt Ltd on their Website (www.healpha.com ) or Platform (Healpha), including the following:
- ior Practitioners: Listing of Practitioners and their profiles and contact details
- or other Users: Facility to (i) create and maintain ‘Health Accounts’, (ii) search for Practitioners by name, specialty, and geographical area, or any other criteria that may be developed and made available by Concent, and (iii) to make appointments with Practitioners.
The Services may change from time to time, at the sole discretion of Concent Solutions, and the Agreement will apply to your visit to and your use of the Website/Platform to avail the Service, as well as to all information provided by you on the Website/Platform at any given point in time.
This Agreement defines the terms and conditions under which you are allowed to use the Website/Platform and describes the manner in which we shall treat your account while you are registered as a member with us. If you have any questions about any part of the Agreement, you can contact us at firstname.lastname@example.org
You acknowledge that you will be bound by this Agreement for availing any of the Services offered by us. If you do not agree with any part of the Agreement, please do not use the Website/Platform/App or avail any Services.
Your access to use of the Website/Platform/App and the Services will be solely at the discretion of Concent Solutions.
The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but not limited to:
- the Indian Contract Act, 1872,
- 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”).
2. Use of our Services
You must be at least 18 years of age to enter into this binding agreement. If you are not at least 18 years old or if you do not agree to each of these Terms of Service, you are prohibited from and must not access or use any of our Services.
Under no circumstances may our Services be used by a child under 13 years of age.
3. Description of Service
You may use the Services for providing healthcare to your patients or for research purposes. You may connect to the Services using any Internet browser supported by the Services or mobile apps provided by the service. You are responsible for obtaining access to the Internet and the equipment necessary to use the Services. You can create and edit content with your user account and if you choose to do so, you can publish and share such content.
Some of the Services include certain third-party software and services, which may require that you enter into separate subscription or licensing agreements with third-party vendors. Concent Solutions Pvt ltd may also make available optional services provided by third parties, such as online payment services, all of which are included in the term “Services” as defined and used herein. You agree to comply with and, upon request, enter into such further agreements as may be required for the use of such software or services, and to comply with the terms of any license or other agreement relating to third-party products included in our Services or made accessible to you through our Services. Your use of such third-party services or products from within the Services will constitute your agreement to be bound by the terms of all licensing, subscription and similar agreements relating to such use.
4. Modification of Terms of Service
We may modify these Terms of Service at any time within our sole discretion and will notify you by electronic mail or by publishing the changes on our Website/Platform.
5. User Sign up Obligations
Upon acceptance of these Terms of Service, you will need to sign up for a user account prior to your access or use the Services. All other users of your organization must also sign up for user accounts and provide all required information prior to accessing or using the Services. You agree to: a) provide true, accurate, current and complete information about yourself as prompted during the sign up process; and b) maintain and promptly update that information so that it is at all times true, accurate, current and complete. If you provide any information that is untrue, inaccurate, outdated, or incomplete, or if Concent Solutions Pvt ltd has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, Concent Solutions Pvt ltd may terminate your user account and refuse current or future use of any or all of the Services.
6. Your Representations
7. Safe Guards
You will implement and maintain appropriate administrative, physical and technical safeguards to protect information. Such safeguards shall comply with Central, state, and local requirements, including the Privacy Rule and the Security Rule, You will maintain appropriate security with regard to all personnel, systems, and administrative processes used by you or members of your staff to transmit, store and process electronic health information through the use of Healpha Services.
You will immediately notify us of any breach or suspected breach of the security of the Services of which you become aware, or any unauthorized use or disclosure of information within or obtained from the Services, and you will take such action to mitigate the breach or suspected breach as Concent Solutions Pvt Ltd may direct, and will cooperate with us in investigating and mitigating the breach.
8. Personal Information and Privacy
9. Communications from Concent Solutions Pvt ltd
The Services may include certain communications from Concent Solutions Pvt ltd, such as service announcements, administrative messages and newsletters. You understand that these communications shall be considered part of using the Services. As part of our policy to protect your privacy, we also provide you the option of opting out from receiving newsletters from us. However, you will not be able to opt-out from receiving service announcements and administrative messages.
The terms in this Clause 10 are applicable only to Users other than Practitioners.
10.2. Concent Solutions may by its Services, collect information relating to the devices through which you access the Website/Platform, and anonymous data of your usage. The collected information will be used only for improving the quality our services and to build new services.
10.3. The Website/Platform allows Concent Solutions to have access to registered Users’ personal email or phone number, for communication purpose so as to provide you a better way of booking appointments and for obtaining feedback in relation to the Practitioners and their practice.
10.4. Concent solutions shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the User to Concent Solution or to any other person acting on behalf of Concent Solutions.
10.5. If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Concent solutions has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Concent Solutions has the right to discontinue the Services to the User at its sole discretion.
10.6. Concent Solutions may use such information collected from the Users from time to time for the purposes of debugging customer support related issues.
10.7. LISTING CONTENT AND DISSEMINATING INFORMATION
10.7.1. Concent collects, directly or indirectly, and displays on the Website/Platform/App, relevant information regarding the profile and practice of the Practitioners listed on the Website/Platform/App, such as their specialization, qualification, fees, location, visiting hours, and similar details. Concent takes reasonable efforts to ensure that such information is updated at frequent intervals. Although Concent screens and vets the information and photos submitted by the Practitioners, it cannot be held liable for any inaccuracies or incompleteness represented from it, despite such reasonable efforts.
10.7.2. The Services provided by Concent 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). Concent does not provide or make any representation, warranty or guarantee, express or implied about the Website/Platform or the Services. Concent does not guarantee the accuracy or completeness of any content or information provided by Users on the Website/Platform. To the fullest extent permitted by law, Concent disclaims all liability arising out of the User’s use or reliance upon the Website/Platform, the Services, representations and warranties made by other Users, the content or information provided by the Users on the Website/Platform, or any opinion or suggestion given or expressed by Concent or any User in relation to any User or services provided by such User.
10.7.3. The Website/Platform/App may be linked to the Website/Platform/App of third parties, affiliates and business partners. Concent has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through our Website/Platform. Inclusion of any link on the Website/Platform does not imply that Concent endorses the linked site. User may use the links and these services at User’s own risk.
10.7.4. Concent 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/Platform or the downloading of any material, data, text, images, video content, or audio content from the Website/Platform. If a User is dissatisfied with the Website/Platform, User’s sole remedy is to discontinue using the Website/Platform.
10.7.5. If Concent determines that you have provided fraudulent, inaccurate, or incomplete information, including through feedback, Concent reserves the right to immediately suspend your access to the Website/Platform or any of your accounts with Concent and makes such declaration on the Website/Platform alongside your name as determined by Concent for the protection of its business and in the interests of Users. You shall be liable to indemnify Concent for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected Concent or its Users.
10.8. APPOINTMENTS & ONLINE CONSULTING
10.8.1. Concent enables Users to make online appointments/connect with the practitioners. Concent will ensure Users are provided confirmed appointment on the Book facility. However, Concent has no liability if such an appointment is later cancelled by the Practitioner, or the same Practitioner is not available for appointment.
10.8.3. Concent connects users to the practitioners If the User decides to engage with a Practitioner to seek medical services, the User shall be doing so at his/her own risk.
10.8.4. Without prejudice to the generality of the above, Concent is not involved in providing any healthcare or medical advice or diagnosis and hence is not responsible for any interactions between User and the Practitioner. User understands and agrees that Concent will not be liable for:
10.8.4.1. User interactions and associated issues User has with the Practitioner;
10.8.4.2. the ability or intent of the Practitioner(s) or the lack of it, in fulfilling their obligations towards Users;
10.8.4.3. any wrong medication or quality of treatment being given by the Practitioner(s), or any medical negligence on part of the Practitioner(s);
10.8.4.4. inappropriate treatment, or similar difficulties or any type of inconvenience suffered by the User due to a failure on the part of the Practitioner to provide agreed Services;
10.8.4.5. any misconduct or inappropriate behaviour by the Practitioner or the Practitioner’s staff;
10.8.4.6. cancellation or no show by the Practitioner or rescheduling of booked appointment or any variation in the fees charged,
10.8.5. Users are allowed to provide feedback about their experiences with the Practitioner, however, the User shall ensure that, the same is provided in accordance with applicable law. User however understands that, Concent shall not be obliged to act in such manner as may be required to give effect to the content of Users feedback, such as suggestions for delisting of a particular Practitioner from the Website/Platform.
10.8.6. NO DOCTOR-PATIENT RELATIONSHIP
10.8.6.1. Please note that some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, “Information”) that may be available on the Website (including information provided in direct response to your questions or postings) may be provided by individuals in the medical profession. The provision of such Information does not create a licensed medical professional/patient relationship, between Concent and you and does not constitute an opinion, medical advice, or diagnosis or treatment of any particular condition, but is only provided to assist you with locating appropriate medical care from a qualified practitioner.
10.8.6.2. It is hereby expressly clarified that, the Information that you obtain or receive from Concent, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Website/Platform is for informational purposes only. We make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, quality of work, expertise or other information provided on the Website/Platform. In no event shall we be liable to you or anyone else for any decision made or action taken by you in reliance on such information.
10.8.6.3. The Services are not intended to be a substitute for getting in touch with emergency healthcare. If you are an End-User facing a medical emergency (either on your or a another person’s behalf), please contact an ambulance service or hospital directly.
10.8.7. CONTENT OWNERSHIP AND COPYRIGHT
10.8.7.1. The contents listed on the Website are (i) User generated content, or (ii) belong to Concent. The information that is collected by Concent directly or indirectly from the End- Users and the Practitioners shall belong to Concent. Copying of the copyrighted content published by Concent on the Website for any commercial purpose or for the purpose of earning profit will be a violation of copyright and Concent reserves its rights under applicable law accordingly.
10.8.7.2. Concent authorizes the User to view and access the content available on or from the Website solely for ordering, receiving, delivering and communicating only as per this Agreement. The contents of the Website, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the Website (collectively, " Concent Content"), are the property of Concent and are protected under copyright, trademark and other laws. User shall not modify the Concent Content or reproduce, display, publicly perform, distribute, or otherwise use the Concent Content in any way for any public or commercial purpose or for personal gain.
10.8.7.3. User shall not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
10.8.8. REVIEWS AND FEEDBACK
You are solely responsible for the content that you choose to submit for publication on the Website, including any feedback, ratings, or reviews (“Critical Content”) relating to Practitioners or other healthcare professionals. The role of Concent in publishing Critical Content is restricted to that of an ‘intermediary’ under the Information Technology Act, 2000. Concent disclaims all responsibility with respect to the content of Critical Content, and its role with respect to such content is restricted to its obligations as an ‘intermediary’ under the said Act. Concent shall not be liable to pay any consideration to any User for re-publishing any content across any of its platforms.
Your publication of reviews and feedback on the Website/Platform is governed by Clause 12 of these Terms. Without prejudice to the detailed terms stated in Clause 12, you hereby agree not to post or publish any content on the Website that (a) infringes any third-party intellectual property or publicity or privacy rights, or (b) violates any applicable law or regulation, including but not limited to the IG Rules and SPI Rules. Concent, at its sole discretion, may choose not to publish your reviews and feedback, if so required by applicable law, and in accordance with Clause 7 of these Terms. You agree that Concent may contact you through telephone, email, SMS, or any other electronic means of communication for the purpose of:
10.8.8.1. Obtaining feedback in relation to Website, Platform or Concent’s services; and/or
10.8.8.2. Obtaining feedback in relation to any Practitioners listed on the Website/Platform; and/or
10.8.8.3. Resolving any complaints, information, or queries by Practitioners regarding your Critical Content;
and you agree to provide your fullest co-operation further to such communication by Concent.
10.8.9. PATIENT DATA
10.8.9.1. Your Records is only created after you have signed up and explicitly accepted these Terms.
10.8.9.2. Any Practice created Health Record is provided on an as-is basis at the sole intent, risk and responsibility of the Practitioner and Concent does not validate the said information and makes no representation in connection therewith. You should contact the relevant Practitioner in case you wish to point out any discrepancies or add, delete, or modify the Health Record in any manner.
10.8.9.3. The Health Records are provided on an as-is basis. While we strive to maintain the highest levels of service availability, Concent is not liable for any interruption that may be caused to your access of the Services.
10.8.9.4. It is your responsibility to keep your correct mobile number and email ID updated in the Records. The Health Records will be sent to the Records associated with this mobile number and/or email ID. Every time you change any contact information (mobile or email), we will send a confirmation. Concent is not responsible for any loss or inconvenience caused due to your failure in updating the contact details with Concent.
10.8.9.5. Concent uses industry–level security and encryption to your Health Records. However, Concent does not guarantee to prevent unauthorized access if you lose your login credentials or they are otherwise compromised. In the event you are aware of any unauthorized use or access, you shall immediately inform Concent of such unauthorized use or access. Please safeguard your login credentials and report any actual suspected breach of account to email@example.com.
10.8.9.6. If you access your dependents’ Health Records by registering your dependents with your own Records, you are deemed to be responsible for the Health Records of your dependents and all obligations that your dependents would have had, had they maintained their own separate individual Records. You agree that it shall be your sole responsibility to obtain prior consent of your dependent and shall have right to share, upload and publish any sensitive personal information of your dependent. Concent assumes no responsibility for any claim, dispute or liability arising in this regard, and you shall indemnify Concent and its officers against any such claim or liability arising out of unauthorized use of such information.
10.8.9.7. In case you want to delete your Records, you can do so by contacting our service support team. However only your account and any associated Health Records will be deleted, and your Health Records stored by your Practitioners will continue to be stored in their respective accounts.
10.8.9.8. You may lose your “User created” data, if the data is not synced with the server.
10.8.9.9. If the Health Record is unassessed for a stipulated time, you may not be able to access your Health Records due to security reasons.
10.8.9.10. Concent is not liable if for any reason, Health Records are not delivered to you or are delivered late despite its best efforts.
10.8.9.11. The Health Records are shared with the phone numbers that are provided by your Practitioner. Concent is not responsible for adding the Health Records with incorrect numbers if those incorrect numbers are provided by the Practitioner.
10.8.9.12. Concent is not responsible or liable for any content, fact, Health Records, medical deduction or the language used in your Health Records whatsoever. Your Practitioner is solely responsible and liable for your Health Records and any information provided to us including but not limited to the content in them.
10.8.9.13. Concent has the ability in its sole discretion to retract Health Records without any prior notice if they are found to be shared incorrectly or inadvertently.
10.8.9.14. Concent will follow the law of land in case of any constitutional court or jurisdiction mandates to share the Health Records for any reason.
10.8.9.15. You agree and acknowledge that Concent may need to access the Health Record for cases such as any technical or operational issue of the End User in access or ownership of the Records.
10.8.9.16. You acknowledge that the Practitioners you are visiting may engage Concent 's software or third party software for the purposes of the functioning of the Practitioner’s business and Concent 's services including but not limited to the usage and for storage of Records in India and outside India, in accordance with the applicable laws.
10.8.9.17. To the extent that your Records have been shared with Concent or stored on any of the Concent products used by Practitioner’s you are visiting, and may in the past have visited, You hereby agree to the storage of your Records by Concent pertaining to such previously visited clinics and hospitals who have tie ups with Concent for the purposes of their business and for Concent 's services including but not limited to the usage and for storage of Records in India and outside India, in accordance with the applicable laws and further agree, upon creation of your account with Concent, to the mapping of such Records as may be available in Concent’s database to your User account.
10.9. Healpha Forums
10.9.1. Terms for Practitioners:
Every Practitioner on the Forums Platform must be qualified in the area of expertise that he represents as being his qualification.
The Forum Platform is a platform for exchange of information which is of general nature in a question and answer format. The Q&A Platform is not for emergency situations.
Any Forum interaction cannot be construed as a medical consultation with the Practitioner, in any manner whatsoever.
Concent Users may post questions on medical issues (“Querist”), and these queries can be answered by multiple Practitioners on the Forums Platform. It is expressly clarified that no doctor-patient relationship is established between the Querist and Practitioner, in any manner whatsoever, by indulging in this Forum.
The Practitioner may provide probable views, recommendations, suggestions and solutions to the question posted by a Querist. However, it is expressly clarified that any such view, recommendation, suggestion and solution shall not be construed as medical advice. The person in question (being Querist or not) is advised to consult with a doctor in this regard.
Practitioner shall not share their personal, religious and/or moral views with the Querist while issuing their response.
The Practitioner cannot issue and/or prescribe any medicines on the Forums platform. It is a platform for only exchange of information and not a consultation/ medical advice.
The Practitioner is absolutely and expressly prohibited to:
Provide a medical diagnosis;
Issue a prescription;
Post any response which comprises of any derogatory language, objectionable, pornographic and /or offensive content;
Advertise any brand of drugs, supplements, vaccines and medications, in any manner of whatsoever;
Advertise to/solicit patients in any manner including without limitation by way of using social media handles, including without limitation, facebook, twitter etc., telephone/ mobile numbers, youtube, and address;
Promote content and activities which are illegal in nature;
In the event of any breach of these Foums T&C, Concent will take appropriate action inter alia ranging from issuing warnings to removal of Practitioner from the Forums Platform, in its sole and absolute discretion, on a case to case basis.
Any liability arising out of the response issued by a Practitioner will be borne solely by the Practitioner. Forums Platform is only a platform interface provided by Concent for sharing and exchanging information purposes.
The Concent Platform shall be audited on a regular basis by Concent for ascertaining compliance by the Practitioner to Paragraph 6, and the Practitioners consent to the same. It is clarified that the said audit is not conducted for the purpose of quality check or validation of responses issued by Practitioner.
All general Concent Terms and Conditions shall govern the Forum T&C to the extent applicable. Decision of Concent is final and binding on the issues arising under the Forums T&C and Concent Terms and Conditions.
10.9.2. Terms for User/Querist:
i. The personally identifiable information of the querist shall be anonymized by Concent prior to posting the question on the Forums Platform;
ii. Forum Platform is a public forum for exchange of information, hence, any question posted by a querist is visible publicly. It is advisable for a User to ensure that no confidential information is published by them on the Forum Platform.
iii. User shall not use the Forum Platform for emergency situations.
iv. The User is prohibited to post any query/issue on the Forum Platform, which comprises of any derogatory language, objectionable, pornographic and /or offensive content;
v. Any response provided by the Practitioner shall not be construed as medical advice on the Forum Platform. Forum Platform is a platform for exchange of information which is of general nature in a question and answer format. This cannot be construed as a medical consultation with the Practitioner, in any manner whatsoever.
vi. It is expressly clarified that no doctor-patient relationship is established between the user and Practitioner, in any manner whatsoever, by indulging in this Forum. The Practitioner may provide probable views, recommendations, suggestions and solutions to the question posted. However, it is expressly clarified that any such view, recommendation, suggestion and solution shall not be construed as medical advice. The person in question (being Querist or not) is advised to consult with a doctor in this regard.
All general Concent Terms and Conditions shall govern the Forum T&C to the extent applicable. Decision of Concent is final and binding on the issues arising under the Forum T&C and Concent Terms and Conditions.
The terms in this Clause 11 are applicable only to Practitioners.
11.1. LISTING POLICY
11.1.1. Concent, directly and indirectly, collects information regarding the Practitioners’ profiles, contact details, and practice. Concent reserves the right to take down any Practitioner’s profile as well as the right to display the profile of the Practitioners, with or without notice to the concerned Practitioner. This information is collected for the purpose of facilitating interaction with the End-Users and other Users. If any information displayed on the Website in connection with you and your profile is found to be incorrect, you are required to inform Concent immediately to enable Concent to make the necessary amendments.
11.1.2. Concent shall not be liable and responsible for the ranking of the Practitioners on external websites and search engines
11.1.4. Concent reserves the right to moderate the suggestions made by the Practitioners through feedback and the right to remove any abusive or inappropriate or promotional content added on the Website/Platform. However, Concent shall not be liable if any inactive, inaccurate, fraudulent, or non- existent profiles of Practitioners are added to the Website/Platform.
11.1.5. Practitioners explicitly agree that Concent reserves the right to publish the Content provided by Practitioners to a third party including content platforms.
11.1.7. You as a Practitioner hereby represent and warrant that you will use the Services in accordance with applicable law. Any contravention of applicable law as a result of your use of these Services is your sole responsibility, and Concent accepts no liability for the same.
11.2. PROFILE MANAGEMENT
11.2.1. Concent ensures easy access to the Practitioners by providing a tool to update your profile information. Concent reserves the right of ownership of all the Practitioner’s profile and photographs and to moderate the changes or updates requested by Practitioners. However, Concent takes the independent decision whether to publish or reject the requests submitted for the respective changes or updates. You hereby represent and warrant that you are fully entitled under law to upload all content uploaded by you as part of your profile or otherwise while using Concent’s services, and that no such content breaches any third party rights, including intellectual property rights. Upon becoming aware of a breach of the foregoing representation, Concent may modify or delete parts of your profile information at its sole discretion with or without notice to you.
11.3. REVIEWS AND FEEDBACK
11.3.2. Concent reserves the right to collect feedback on Content for all the Practitioners, Clinics and Healthcare Providers listed on the Website.
11.3.3. Concent shall have no obligation to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service, except as required by applicable law.
11.3.4. You understand that by using the Services you may be exposed to Critical Content or other content that you may find offensive or objectionable. Concent shall not be liable for any effect on Practitioner’s business due to Critical Content of a negative nature. In these respects, you may use the Service at your own risk. Concent however, as an ‘intermediary, takes steps as required to comply with applicable law as regards the publication of Critical Content. The legal rights and obligations with respect to Critical Content and any other information sought to be published by Users are further detailed in Clauses 6.3 and 7 of these Terms.
11.3.5. Concent will take down information under standards consistent with applicable law, and shall in no circumstances be liable or responsible for Content, which has been created by the Users. The principles set out in relation to third party content in the terms of Service for the Website shall be applicable mutatis mutandis in relation to Content posted on the Website.
11.3.6. If Concent determines that you have provided inaccurate information or enabled fraudulent feedback, Concent reserves the right to immediately suspend any of your accounts with Concent and makes such declaration on the website alongside your name/your clinics name as determined by Concent for the protection of its business and in the interests of Users.
11.4. RELEVANCE ALGORITHM
11.4.1. Concent has designed the relevance algorithm in the best interest of the End-User and may adjust the relevance algorithm from time to time to improve the quality of the results given to the end users. It is a pure merit driven, proprietary algorithm which cannot be altered for specific Practitioners. Concent shall not be liable for any effect on the Practitioner’s business interests due to the change in the Relevance Algorithm.
11.5. INDEPENDENT SERVICES
Your use of each Service confers upon you only the rights and obligations relating to such Service, and not to any other service that may be provided by Concent.
11.6. SPONSORED Ad
Concent reserves the rights to display sponsored ads on the Website. These ads would be marked as “Sponsored ads”. Without prejudice to the status of other content, Concent will not be liable for the accuracy of information or the claims made in the Sponsored ads. Concent does not encourage the Users to visit the Sponsored ads page or to avail any services from them. Concent will not be liable for the services of the providers of the Sponsored ads. You represent and warrant that you will use these Services in accordance with applicable law. Any contravention of applicable law as a result of your use of these Services is your sole responsibility, and Concent accepts no liability for the same.
11.7. BOOK APPOINTMENT AND CALL FACILITY
11.7.1. As a valuable partner on our platform we want to ensure that the Practitioners experience on the Concent booking platform is beneficial to both, Practitioners and their Users.
11.7.2. Practitioner understands that, Concent shall not be liable, under any event, for any comments or feedback given by any of the Users in relation to the Services provided by Practitioner. The option of publishing or modifying or moderating or masking (where required by law or norm etc.) the feedback provided by Users shall be solely at the discretion of Concent .
11.8. PRACTITIONER UNDERTAKING
The Practitioner is and shall be duly registered, licensed and qualified to practice medicine/ provide health care, wellness services, as per applicable laws/regulations/guidelines set out by competent authorities and the Practitioner shall not be part of any arrangement which will prohibit him/her from practicing medicine within the territory of India. The Practitioner shall at all times ensure that all the applicable laws that govern the Practitioner shall be followed and utmost care shall be taken in terms of the consultation/ services being rendered.
11.9. USAGE IN PROMOTIONAL & MARKETING MATERIALS
In recognition of the various offerings and services provided by Concent to Practitioner, Practitioner shall (subject to its reasonable right to review and approve): (a) allow Concent to include a brief description of the services provided to Practitioner in Concent’s marketing, promotional and advertising materials; (b) allow Concent to make reference to Practitioner in case studies, and related marketing materials; (c) serve as a reference to Concent ’s existing and potential clients; (d) provide video logs, testimonials, e-mailers, banners, interviews to the news media and provide quotes for press releases; (e) make presentations at conferences; and/or (f) use the Practitioner’s name and/or logo, brand images, tag lines etc., within product literature, e-mailers, press releases, social media and other advertising, marketing and promotional materials.
12. RIGHTS AND OBLIGATIONS RELATING TO CONTENT
12.1. As mandated by Regulation 3(2) of the IG Rules, Concent hereby informs Users that they are not permitted to host, display, upload, modify, publish, transmit, update or share any information that:
i. belongs to another person and to which the User does not have any right to;
ii. 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;
iii. harm minors in any way;
iv. infringes any patent, trademark, copyright or other proprietary rights;
v. violates any law for the time being in force;
vi. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
vii. impersonate another person;
viii. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
ix. 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.
12.2. Users are also prohibited from:
i. violating or attempting to violate the integrity or security of the Website or any Concent Content;
ii. transmitting any information (including job posts, messages and hyperlinks) on or through the Website that is disruptive or competitive to the provision of Services by Concent ;
iii. intentionally submitting on the Website any incomplete, false or inaccurate information;
iv. making any unsolicited communications to other Users;
v. using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website/Platform;
vi. attempting to decipher, decompile, disassemble or reverse engineer any part of the Website/Platform;
vii. copying or duplicating in any manner any of the Concent Content or other information available from the Website/Platform;
viii. framing or hot linking or deep linking any Concent Content.
ix. circumventing or disabling any digital rights management, usage rules, or other security features of the Software.
12.3. Concent, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information as mentioned above, shall be entitled to disable such information that is in contravention of Clauses 7.1 and 7.2. Concent shall also be entitled to preserve such information and associated records for at least 90 (ninety) days for production to governmental authorities for investigation purposes.
12.5. Concent may disclose or transfer User-generated information to its affiliates or governmental authorities in such manner as permitted or required by applicable law, and you hereby consent to such transfer. The SPI Rules only permit Concent to transfer sensitive 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 Concent as provided for under the SPI Rules, only if such transfer is necessary for the performance of the lawful contract between Concent or any person on its behalf and the User or where the User has consented to data transfer.
12.6. Concent respects the intellectual property rights of others and we do not hold any responsibility for any violations of any intellectual property rights
13.1. Concent reserves the right to suspend or terminate a User’s access to the Website/Platform and the Services with or without notice and to exercise any other remedy available under law, in cases where,
13.1.1. Such User breaches any terms and conditions of the Agreement;
13.1.2. A third party reports violation of any of its right as a result of your use of the Services;
13.1.3. Concent is unable to verify or authenticate any information provide to Concent by a User;
13.1.4. Concent has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User; or
13.1.5. Concent believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for Concent or are contrary to the interests of the Website/Platform.
13.2. Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Website/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 User shall no longer have access to data, messages, files and other material kept on the Website/Platform by such User. The User shall ensure that he/she/it has continuous backup of any medical services the User has rendered in order to comply with the User’s record keeping process and practices.
14. LIMITATION OF LIABILITY
14.1. In no event, including but not limited to negligence, shall Concent , or any of its directors, officers, employees, agents or content or service providers (collectively, the “Protected Entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Website/Platform or the content, materials and functions related thereto, the Services, User’s provision of information via the Website/Platform, lost business or lost End-Users, even if such Protected Entity has been advised of the possibility of such damages. In no event shall the Protected Entities be liable for:
14.1.1. provision of or failure to provide all or any service by Practitioners to End- Users contacted or managed through the Website/Platform;
14.1.2. any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Website/Platform;
14.1.3. any unauthorized access to or alteration of your transmissions or data; or
14.1.4. any other matter relating to the Website/Platform or the Service.
14.1.5. In no event shall the total aggregate liability of the Protected Entities to a User for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from this Agreement or a User’s use of the Website/Platform or the Services exceed, in the aggregate Rs. 1000/- (Rupees One Thousand Only).
15. Disclaimer of Warranties
You expressly understand and agree that the use of the services is at your sole risk. The services are provided on an as-is-and-as-available basis. Concent Solutions Pvt Ltd makes no representation or warranty and hereby expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. Concent Solutions Pvt Ltd makes no warranty that the services will be uninterrupted, timely, secure, or error free. Use of any material downloaded or obtained through the use of the services shall be at your own discretion and risk and you will be solely responsible for any damage to your computer system, mobile telephone, wireless device or data that results from the use of the services or the download of any such material. No advice or information, whether written or oral, obtained by you from Concent Solutions Pvt Ltd, its employees or representatives shall create any warranty
16. RETENTION AND REMOVAL
Concent may retain such information collected from Users from its Website/Platform or Services for as long as necessary, depending on the type of information; purpose, means and modes of usage of such information; and according to the SPI Rules. Computer web server logs may be preserved as long as administratively necessary.
17. APPLICABLE LAW AND DISPUTE SETTLEMENT
17.1. You agree that this Agreement and any contractual obligation between Concent and User will be governed by the laws of India.
17.2. Any dispute, claim or controversy arising out of or relating to this Agreement, including the determination of the scope or applicability of this Agreement to arbitrate, or your use of the Website/Platform or the Services or information to which it gives access, shall be determined by arbitration in India, before a sole arbitrator appointed by Concent . Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be Hyderabad. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the parties to the dispute.
17.3. Subject to the above Clause 11.2, the courts at Hyderabad shall have exclusive jurisdiction over any disputes arising out of or in relation to this Agreement, your use of the Website/Platform or the Services or the information to which it gives access.
18. CONTACT INFORMATION GRIEVANCE OFFICER
18.1. If a User has any questions concerning Concent , the Website/Platform, this Agreement, the Services, or anything related to any of the foregoing, Concent customer support can be reached at the following email address: firstname.lastname@example.org or via the contact information available on the Website/Platform
18.2. In accordance with the Information Technology Act, 2000, and the rules made there under, if you have any grievance with respect to the Website/Platform or the service, including any discrepancies and grievances with respect to processing of information, you can contact our Grievance Officer at:
Name:Raj Shekar Janapareedy Concent Solutions Pvt Ltd,
First Floor, 7A, Petbasheerbad, Kompally, NH7, Hyderabad, Telangana, IN- 500055
18.3. In the event you suffer as a result of access or usage of our Website/Platform by any person in violation of Rule 3 of the IG Rules, please address your grievance to the email id.
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.
No provision of this Agreement shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by Concent Solutions Pvt Ltd. Any consent by Concent Solutions to, or a waiver by Concent Solution Pvt Ltd of any breach by you, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.