E-Sushrut@Clinic is a SaaS-Based, smart, digital solution for Clinics, Nursing Homes, Pharmacies & Labs (“Health Facilities”), and is owned and introduced by C-DAC (hereinafter referred to as “Us”, “Ours”, “Ourselves”, “We”).
The E-Sushrut@Clinic is designed, with Ayushman Bharat Digital Mission (“ABDM”) to support the integrated digital health infrastructure of the country by bridging the existing gap amongst different stakeholders of Healthcare ecosystem through digital highways. In alignment with the mission and vision of the ABDM, the E-Sushrut Clinic solution provides a state of the art digitized workflow for various Health Facilities so as to provide and enhanced patient experience:
- The Doctors to consult, write prescriptions within linking of pharmacies, labs, IPD and save patient records online and authentically; and save patient records online and authentically; and
- The Patients to get access to our Registration, Billing, Pharmacy, In-Patient services with various related alerts and interactive reports.
The E-Sushrut@Clinic solution is a feature-rich, user-friendly online platform that provides superior performance and dependability in managing the end-to-end operations of aHealth Facility for its effective and efficient operations. It is speciallydesigned to meet the clinical and non-clinical (administrative, operational, and financial) needs of a Health Facility. The access to E-Sushrut@Clinic solution is available through our Website _____________ (“Website”) and our Mobile Application is also named E-Sushrut @Clinic available on the Google Play Store and Apple App Store (“Mobile App”) (both, Website and Mobile App are collectively referred to as the “Platform”).
By using the Website/mobile application, you expressly agree to be bound by the Terms. If you do not agree with any of the Terms, please refrain from using the Website. These Terms and Conditions (“T&Cs”) contain the complete terms and conditions that are applicable to a User, Subscriber,and a Visitor, or any other person (natural or legal) who uses the Platform, and govern their access to and use of the Services (as defined below).However, it is made clear that some of the Services may require the User, Subscriber, and/or Visitor to agree to additional terms and conditions. Unless otherwise provided, those additional terms shall be deemed to be incorporated into these T&Cs.
These T&Cs, along with the Privacy Policy (“Terms”), together constitute a legal and binding agreement between you (“User”, “Subscriber”, “Visitor”, “you”, “your”, “yourself”) and Us, which shall comprise the terms under which you shall be permitted to use this Platform.
PLEASE READ THESE T&CS, ALONG WITH THE PRIVACY POLICY, CONDITIONS OF USE, AND ALL OTHER RULES AND POLICIES RELATED TO THE SERVICES (INCLUDING, BUT NOT LIMITED TO, ANY RULES OR USAGE PROVISIONS SPECIFIED ON ANY PRODUCT DETAIL PAGE OR ON ANY HELP OR OTHER INFORMATIONAL PAGE FOR THE SAID SERVICES) (COLLECTIVELY, THIS “AGREEMENT”). UNDERSTANDING THE T&CS CONTAINED HEREIN IS IMPORTANT BECAUSE, BY USING THE SERVICES ON THE PLATFORM/ ACCESSING THE PLATFORM, THE USER/SUBSCRIBER/VISITOR IS AGREEING TO THESE TERMS IN THEIR ENTIRETY.
These T&Cs are published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the rules and regulations, Privacy Policy and Terms for access or usage of the Website, the Mobile App or the Services (as the case may be).This document is an electronic record in terms of Information Technology Act, 2000 (“IT Act”), the applicable rules there under and the provisions pertaining to electronic records in various statutes as amended by the IT Act. This electronic record is generated by a computer system and does not require any physical or digital signatures.
The T&Cs governing your use of the Platform are set forth below:
- DEFINITIONS:
Unless the context requires otherwise, all capitalized terms used herein but not defined shall have the same meaning ascribed to them in the Privacy Policy.
- “Affiliate(s)” means in relation to any Party, a Person that (directly or indirectly) Controls or is Controlled by or is under common Control of such Party.
- “Applicable Laws” or “Law” means any enactment, statute, law, regulation, ordinance, rule, judgment, order, decree, bye-law, approval of any Government Authority, directive, guideline, policy, requirement or other governmental restriction or any similar form of decision of or determination by, or any interpretation or administration having the force of law of any of the foregoing by any Government Authority having jurisdiction over the matter in question, in effect as of the date of this Agreement.
- “Chemist(s)” means chemists registered on the Platform, who will dispense medicines to patients on the basis of e-Prescription.
- “Control” shall have the same meaning as ascribed to the term in section 2(27) of the Companies Act, 2013; and “Controls” and "Controlled" shall be construed accordingly.
- “Deficiency” means any fault, imperfection, shortcoming, defect, deficiency or inadequacy in the quality, nature and manner of service(s) provided by Us, including which is required to be maintained by or under any Applicable Law, and shall include any delay(s) in providing service.
- “E-Clinics (OP)”/ “Clinic” shall mean and include a Healthcare Facility providing only Outdoor Patient services through doctors.
- “e-Prescription” means electronic Prescription that allows physicians and other medical practitioners to write and send prescriptions to participating consulted patients, pharmacy and other healthcare providers electronically, instead of being handwritten.
- “Government Authority” means any (a) Central, state, local, municipal, or other government or statutory body, (b) governmental or quasi-governmental authority of any nature (including any governmental agency, branch, department or other entity and any court or other tribunal), or (c) body exercising, or entitled to exercise, any administrative, executive, judicial, legislative, police, regulatory or taxing authority or power of any nature.
- “Healthcare Service Providers”/ “Health Facility” mean and include, Practitioners, Doctors, Hospitals, Labs, Pharmacists, Nursing Homes (IP), E-Clinics (OP)/Clinic and any other healthcare service provider registered on the Platform and providing theirServices to the patients through the Platform.
- “Health Management Solutions” means solutions for four categories of Healthcare Facilities: Clinic/ E-Clinic, Hospital, Labs and Pharmacies.
- “Hospital(s)” means HealthCare Facilities providing both Outdoor and Indoor Patient services (less than 25 beds) and shall include Nursing Homes (IP) listed on the Platform for providing medical Services to patients.
- “Intellectual Property Rights” or “IPR” means and includes all copyrights, patents, database rights and rights in trademarks, designs, know-how and confidential information (whether registered or unregistered); and all other intellectual property rights and equivalent pertaining to the Platform and/or that of the CDAC(as the case may be) including the data generated on the Platform (by whatever name called) and also the rights pertaining to hosting or making the Platform available on any Application Stores, device or server.
- “Lab(s)” means those Healthcare Facilities that are listed on the Platform for providing diagnostic lab/ radiology services, including but not limited toscheduling tests, collecting and re-collecting, if required, patient samples from patients for the purpose of conducting Lab Tests, sample processing, and such other services as defined under the term “Services” on the Platform.
- “Lab Test(s)” means the pathological tests and other varied diagnostic tests conducted by the Labs on the samples collected from the patients.
- “Payment Gateway” means the third-party electronic payment service provider on the Platform for processing payments via debit card, credit card, net banking, online wallet or any other method of payment approved by the Government,and made at the instance of theUser/Subscriber, in lieu of the license granted to use the Platform.
- “Pharmacist(s)”/ “Pharmacy” means pharmacies registered on the Platform, who will dispense medicines to patients on the basis of e-Prescription provided through the Platform.
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“Practitioner(s)” or “Healthcare Practitioner(s)” or “HCP(s)” means duly qualified medical practitioners or healthcare practitioners (whether individual professionals or corporate entities) or similar entities intending to be registered, or already registered to render their Services via the Platform, including representatives of such practitioners or health care providers:
- with whom patients can book appointments using the Services;
- who can provide information to questions raised by patients;
- with whom patients can consult privately by way of audio chat, video chat, text chat or physical consultation;
- who can generate and provide health-related information and educational material for general use of patients.
- “Services” shall refer to the Platform and online products or health management services/solutions provided through the Platform, and as specified in the related documentation and/or User Manual.
- “Subscriber” means any User who has paid the mandatory onboarding fee, and has taken a Monthly Subscription to the Platform under either the Individual Services Model or Package Model (as defined below).
- “User(s)” means any user of the Platform, including but not limited to E-Clinics (OP), Hospitals, Practitioners/Doctors, Chemists/Pharmacists, Labs, and/or any Health Facility registered on the Platform, however, has not taken the Monthly Subscription of the Platform.
- “Visitor(s)” means any individual who is neither a User nor a Subscriber, and is solely visiting the Platform or opening the Platform in its browser and closing it, without using the Services.
- ACCEPTANCE OF TERMS
- The Visitor, User, and/or Subscriber is deemed to have read, understood and accepted the T&Cs, in its entirety, as well as the Privacy Policy available on the Platform if the Visitor, User, and/or Subscriber uses/accesses the Platform or avails the Services related to the Platform, as provided by CDACin any way; and/orbrowses the Platform.
- PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING AND USING THE HMIS SOFTWARE, YOU AGREETO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED HEREIN. IF YOU ARE ACCESSING OR USING THE HMIS SOFTWARE ON BEHALF OF AN ORGANIZATION/ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT ORGANIZATION/ENTITY TO THESE TERMS.IN THE EVENT, YOU DO NOT AGREE WITH ANY OF THE TERMS AND CONDITIONS CONTAINED HEREIN, PLEASE DO NOT ACCESS OR USE THE PLATFORM, OR DO NOT COMPLETE THE REGISTRATION/SUBSCRIPTION PROCESS, AND DO NOT AVAIL OR ATTEMPT TO AVAIL/ACCESS THE SERVICES.
- The Visitor, User, and/or Subscriber understands that the access to the Platform and the offer of Services is conditional upon the Visitor, User, and/or Subscriber’s irrevocable consent and acceptance of all the terms, conditions, and obligations contained in these T&Cs (as may be amended from time to time). For utilizing the Services, the User and Subscriber agree to enter into or execute any document, agreement, or terms and conditions which is required by Us and agree to abide by such document or agreement or terms and conditions while utilizing the Services on the Platform.
- By accessing the Platform, the Visitor, User, and/or Subscriber hereby agrees to receive communication from Us, regarding registration on the Platform or Platform Services, including but not limited to, any promotional, marketing, transactional messages, through Email and/or SMS and/or any other electronic medium, including third-party channels such as WhatsApp, as approved by the Visitor, User, and/or Subscriber.
- The User and Subscriber acknowledge and agree that it is solely responsible for any data uploaded to or transmitted through the Platform as well as the consequences of uploading or transmitting such data onto or through the Platform, and CDAC shall not be liable for any loss of data uploaded or transmitted through the Platform, in any manner whatsoever.
- The User and Subscriber acknowledge and agree that they are solely responsible for any Services rendered by them through the Platform, CDAC shall not be liables liable for any such Services.
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The User and Subscriber acknowledge, represent and warrant that with respect to any data uploaded to, posted on, or transmitted through the Platform, or any Services rendered by them through the Platform that:
- they have all necessary licenses, rights, consents, and permissions to upload, transmit, or publish such data andany use by Us of the data uploaded, transmitted, or published by them on the Platform will not constitute infringement of any of their rights and/or any third party’s rights, over such data posted or transmitted through the Platform.
- they have all necessary licenses, rights, consents, and permissions to render Services through the Platform, and C-DAC shall not be liable in any manner whatsoever and howsoever, for any Services rendered by them through the Platform.
- The User and Subscriber agree and acknowledge that they are solely responsible for any breach of their obligations, representations and warranties under these T&Cs and for the consequences of any such breach, including any loss or damage which We may incur damages/loss, whether directly or incidentally, due to any such breach.
- OUR SERVICES
Through Our Platform, we offer Services to enhance the relationship between a Health Facility and the patient by providing them access to interactive dashboards. The Health Facility and patients shall be connected by way of the Platform which shall be accessed, or installed, as the case may be, on their respective electronic devices by way of which they can engage with each other and any other Health Facility registered on the Platform.The Platform creates a link between the Doctors/Practitioners, Pharmacies, Labs, and service areas, any other Health Facility and patients, as well as save patient records/reports/diagnosis online and authentically.
- LICENSE
Subject to these T&Cs, C-DAC grants to such User/Subscriber a limited, non-exclusive, non-sub licensable, non-transferable, revocable license to access, use, and operate the E-Sushrut Clinic solution and the Platformwithin India solely for the purposes of using/accessing/availing the health management solutions provided through the Platform and as described in related documentation.
- REGISTRATION, ACCOUNT CREATION, TECHNICAL FEATURES OF DATA CAPTURING AND SUBSCRIPTION
- The steps for registration and account creation by any User/Subscriber shall be provided in the User Manual provided on the Platform, which may be accessed through ______________.The User and Subscriber acknowledge that mere signing up and/or subscribing on the Platform shall not mean any authentication and/or endorsement by C-DAC, of any Health Facility and/or their credentials, and/or any Services provided by such Health Facility through the Platform.
- Subscription: The User will have the option to avail the Subscription Plans for its clinic type, uses & features. The User undertaking the Monthly Subscription Plan of the Platform will be referred to as the “Subscriber”.By subscribing to the SaaS-based HMIS, they gain access to a range of features and functionalities, such as patient records management, appointment scheduling, billing, labs, pharmacy, in-patient services, and other support services, all delivered through a web-based platform. Subscription plans are defined under ‘_______________’ of product’s website ‘____________’.
- The User hereby agrees to provide accurate and complete information for the purpose of registration on the Platform and availing of the Services. C-DAC shall not be responsible for verifying the accuracy and completeness of any such information. The User agrees and acknowledges that the onus of ensuring the completeness and accuracy of such information shall, at all times, lie with the User.
- The User/Subscriber agrees and acknowledges that any transactions entered into through the Platform shall be at the sole discretion and responsibility of the User/Subscriber, and that C-DAC shall not be liable for any delay or failure on part of the User/Subscriber for any unauthorized use of the Platform.
- The User/Subscriber agrees that its usage of the Platform and/or Services and products offered by them on the Platform, shall not, in any way, imply, suggest, or constitute any sponsorship, recommendation, opinion, advice (whether legal or otherwise), or approval of C-DAC/______, in favour of or against such User/Subscriber or their Services/products. The User/Subscriber agrees that C-DAC shall, in no way, be responsible for the accuracy, timeliness, or completeness of the information and Service/product specifications provided by such User/Subscriberon the Platform.
- The use of the Platform is only for the purposes permitted by:
- the T&Cs contained herein; and
- any Applicable Law, rules, regulations, or generally accepted practices or guidelines and the same shall not be for any illegal purpose or any other purpose which is expressly or impliedly barred by any applicable law, statute, ordinance or regulation in force from time to time.
- Upon purchasing a subscription plan, you will have access to the user manual for the E-Sushrut@Clinic application. This user manual provides detailed information about the technical usability of the application and how to capture data using its forms. You can find the user manual on the website ______________, where it is conveniently placed for your reference. For Data Protection, Privacy & Retention ‘Privacy Policy’ may be referred.
- CANCELLATION AND REFUND POLICY
- The Subscriber can cancel their Subscription(s) any time during the current billing cycle, or before the start of their next billing cycle. The cancellation will take effect at the end of the current billing cycle, and the Subscriber will not be charged for the next cycle. In such case, the Subscriber will have access to the health management information solutions/services subscribed by them under the respective package, until the end of the current billing period.
- To cancel the Subscription(s), the Subscriber shall need to visit the “My Account” Section on the profile page. On cancellation of the Subscription(s), the Subscriber will be notified by C-DAC.
- In case the Subscriber cancels their Subscription before the end of the then current Subscription Plan, the Subscriber will not be entitled to any refund, compensation, monetary or otherwise, from C-DAC and/or its affiliates for the unutilized period of their Subscription Plan. The amount of Subscription Fees shall be governed by the terms of the Subscription, and you acknowledge that the same is subject to change.
- It is clarified that the cancellation and/or refund of any fee between any Health Facility and the patient shall be governed by the respectiveterms and conditions and refund policies of such Health Facility’s Website.
- GENERAL UNDERTAKING BY USER, SUBSCRIBER, AND VISITOR
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The User/Subscriber/Visitor hereby undertakes to not access or use the Platform for any purpose other than that for which the Platform is made available. The Platform shall not be used in connection with any commercial purposes, except in the manner approved by Us. Further, the User/Subscriber/Visitor agrees not to:
- Systematically retrieve any data or other content from the Platform to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from Us.
- Make any unauthorized use of the Platform, including collecting usernames and/or email addresses of Users by electronic or other means for the purpose of sending solicited/unsolicited email or otherwise, or creating user accounts by automated means or under false pretense.
- Use the Platform to advertise or offer to sell products and services.
- Circumvent, disable, or otherwise interfere with security-related features of the Platform, including features that prevent or restrict the use or copying of any content on the Platform or enforce limitations on the use of the Platform and/or the content contained therein.
- Engage in unauthorized framing of or linking to the Platform.
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
- Make improper use of our support services/redressal mechanisms, by submitting false complaints of abuse or misconduct, or in any other manner.
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Interfere with, disrupt, or create an undue burden on the Platform or the networks or services connected to the Platform.
- Attempt to impersonate another user or person or Health Facility or use the username of another user or person or Health Facility, and/or to sell or otherwise transfer the registration profile of any user or person or Health Facility.
- Use any information obtained from the Platform in order to harass, abuse, or harm other persons/users.
- Use the Platform as part of any effort to compete with Us or otherwise use the Platform for any revenue-generating endeavor or commercial enterprise.
- Attempt to bypass any measures, including security measures/firewalls of the Platform designed to prevent or restrict access to the Platform, or any portion of the Platform.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Platform to you.
- Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Platform; delete the copyright or other proprietary rights notice from any Content; and/or copy or adapt the Platform’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other source code.
- Upload or transmit or misuse the Services or corrupt the Platform, or attempt to upload, or transmit or misuse the Services or corrupt the Platform, by introducing any viruses, bugs, worms, Trojan horses, or any other harmful material/malware, spyware, or any other program which is malicious or harmful, or indulge in any other activities, which would interfere with any user’s uninterrupted use and enjoyment of the Platform or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Platform.
- Attempt to gain any unauthorized access to the Platform, the server on which the Platform is hosted, or any other database, server, or computer connected to the Platform.
- Use or attempt to use any unauthorized means, including but not limited to, use of any deep-link, program, automatic device, algorithm or methodology, or any similar processes, or hacking to access, utilize, copy or monitor any part/feature of the Platform or its content, or avail any Services or in any way reproduce or circumvent the source code, structure or layout of the Platform, or obtain or attempt to obtain any information not openly available on the Platform.
- Upload or transmit, or attempt to so do, any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “PCMS”).
- Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Platform, or using or launching any unauthorized script or other software.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Platform, as well as our name, goodwill and business reputation.
- upload or distribute any material or information that is, or contains tags or keywords which are illegal, inappropriate, profane, obscene, offensive, abusive, harassing, misleading, indecent, defamatory, disparaging, or menacing, or is otherwise injurious to Us and/or any of our Affiliates, or is objectionable in any manner whatsoever;
- make any other use of the Platform which would or has the ability to violate these T&Cs and/or any applicable laws or regulations.
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- OWNERSHIP OF INFORMATION ON THE PLATFORM AND INTELLECTUAL PROPERTY RIGHTS
- Any information or content, published by Us on the Platform, directly or indirectly, shall exclusively belong to Us. The copying of any such content or information for commercial purposes shall constitute a violation of the Our copyright, and We reserve the right to take appropriate legal action under applicable law, before the competent court.
- The title and ownership of the Platform and the arrangement and process thereof, including but not limited to information, text, graphics, user interfaces, visual interfaces, images, logos, button icons, software code, object code, design, structure, and the collection, arrangement, and presentation of the information on the Platform, is protected under copyright, patent and trademark laws, and all other applicable intellectual property rules, regulations and guidelines, and shall, at all times, vest with Us, along with the intellectual property (copyrights, trademarks, patents), design and all other related rights thereto. You shall not modify, reproduce, display publicly, distribute, or use such content in any way, for profit, personal gain or any commercial purposes.
- The trademarks, logos and marks displayed on the Platform is the property of C-DAC. The User/Visitor/Subscriber shall not use any trademarks, logos and marks not belonging to it, without the prior consent of C-DAC. In the event the User/Visitor/Subscriber infringes or attempts to infringe Our copyrights or any other intellectual property right(s), We may, in its sole discretion, in addition to availing the other efficacious remedies, deny the User/Visitor/Subscriber access to and use of the Platform and/or the Services.
- The User/Visitor/Subscriber agrees and undertakes not to upload, post, disseminate, reproduce, or distribute any content on the Platform, either belonging to Us or to any third party, without obtaining written consent from the person/entity in whom the rights to such content are vesting. Any unauthorized dissemination, use, distribution or reproduction of any proprietary content confers upon the holders/owners of such rights to pursue appropriate legal action against such User/Visitor/Subscriber before the competent court, and/or any other legal remedy, as the case may be. No content/information/post on the Platform shall in any way be construed to grant any User/Visitor/Subscriber, any right to use any of Ourproprietary information or intellectual property without obtaining Our written permission for the same.
- The User/Visitor/Subscriber agrees and understands that any breach of this clause, or of these T&Cs, by the User/Visitor/Subscriber would cause Usirreparable damage, and We therefore, reserve the right to seek injunctive relief against such User/Visitor/Subscriber, in addition to other remedies available in law and equity, before the competent court/legal forums.
- Any data related to any User/Subscriber, or any patient of such User/Subscriber, including any reports, diagnosis, or other records that has been uploaded by the User/Subscriber on the Platform (“Health Facility Data”), shall be the property of such User/Subscriber, and in the event of deboarding from the Platform, or cancellation of the Subscription, C-DAC shall download and provide to such User/Subscriber, the Health Facility Data so uploaded and/or generated through the Platform, at the time of rendering their services to the patients. C-DAC, however, shall retain a copy of such Health Facility Data for archival purposes.
- CONFIDENTIALITY
- The User/Visitor/Subscriber acknowledges and agrees that all information, data or details in any form with respect to the Platform, its designs, structure and arrangement, visual interfaces, specifications, documentation, components, source code, object code, images, icons, audio-visual components and objects, schematics, drawings, protocols, processes, and other visual depictions, in whole or in part, in addition to all documents, data, papers, statements, any End-User information, trade secrets and process of the C-DAC relating to the Healthcare practices or in connection with the provision of Services through the Platform, trade and business of any Healthcare Service Provider registered on the Platform, or otherwise any information including names, assets, details, documents, transaction records, potential transactions, negotiations, pending negotiations, data, applications, software, systems, papers, statements, business information, marketing and financial information, databases, manuals, records and reports, articles, systems, material, sources of material, and any other data pertaining to Us, available to it through Platform (“Confidential Information”) is of a sensitive and confidential nature.
- The User/Visitor/Subscriber undertakes to maintain the confidentiality of all Confidential Information, at all times, and shall not perform any act or omit to perform any act whose performance was otherwise necessary, to breach the confidentiality. The User/Visitor/Subscriber undertakes to use all Confidential Information with such care and discretion, but not less than reasonable care, to avoid disclosure, publication, or dissemination of Confidential Information, as it will exercise in respect of its own information of similar nature that it does not wish to disclose, publish or disseminate, without its prior written consent or in an unauthorized manner.
- The User/Visitor/Subscriber may disclose Confidential Information only to the extent required by any regulatory authority or governmental authority under the applicable law, provided, prior to such disclosure, the User/Visitor/Subscriber shall immediately inform Us of such request for disclosure, to enable Us to obtain any order to prevent or limit the disclosure of Confidential Information; and
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The User/Visitor/Subscriber agrees:
- to take all necessary action to protect the Confidential Information against misuse, sale, loss, destruction, deletion, and/or alteration;
- to use the Confidential Information only in connection with the Services/transaction for which the Confidential Information is obtained; and
- not to misuse or permit misuse directly or indirectly, commercially exploit the Confidential Information of C-DAC/_________ or any of its Affiliates through the Platform for economic or other benefit or in a manner prejudicial to C-DAC/________.
- COMMUNICATION AND SUBSCRIPTION
- Your acceptance of these T&Cs shall also include your acceptance towards any news, updates, offer/campaign-related SMS, to the contact number and email address provided by you. By accessing, registering on the Platform, and thereby verifying your contact number and email address for the same, and subsequently using the Platform, you thereby explicitly consent to receiving such communications from us through phone call, SMS, e-mail, or any other digital or electronic media from us, or any of our authorized personnel/representatives regarding any new products, services, updates, and offers.
- You may, at any time, exercise your right to unsubscribe/opt-out of receiving any marketing/promotional communications, newsletters, SMSs, e-mails or any other such notifications from us by referring to and following the instructions contained in such communications.
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You agree to cooperate with Us, as and when we reach out to you through phone call, SMS, e-mail or any other medium of communication, for the following purposes:
- Obtaining feedback/reviews with respect to the Platform.
- Resolving complaints/grievances raised by you with respect to your use of the Platform.
- EXCLUSION OF WARRANTIES
- You expressly understand and agree that your use of the Services is at your sole risk and that the Services are provided on ‘as is’ and ‘as available’ basis.
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In Particular, We, Our Affiliates and Our licensors, if any, do not represent or warrant to you that:
- Your use of the Platform will meet all your requirements.
- Your use of the Services will be uninterrupted, timely, secure or free from error.
- Any information obtained by you as a result of your use of the Services will be accurate or reliable; and
- Defects in the operation or functionality of any software provided to you as part of the Services will be corrected.
- No advice or information whether oral or written, obtained by you from Us or through or from Services shall create any warranty not expressly stated in the terms.
- We further expressly disclaim all warranties and conditions of any kind, whether express or implied, including but not limited to, the implied warranties and conditions of merchantability, fitness for a particular purpose and non–infringement.
- LIMITATION OF LIABILITY
- We make no warranty, express or implied, with respect to the Platform, its Services or its contents, and assume no liability or responsibility whatsoever, for any losses/damages, direct or indirect, suffered by you or any other User/Subscriber, on account of using the information on the Platform, availing of any Services or acting on the basis of any suggestion made, or opinion given by Us on or through the Platform.
- Availing of Services through the Platform shall be treated as conclusive evidence of the fact that the User/Subscriber has read and fully understood the Services, the related documents/description pertaining to the Services and is satisfied in all respects regarding the quality, condition of Services, taxes and duties, if any, and other extraneous factors that may be applicable on such Services. It shall also imply that the User/Subscriberhas carefully gone through the T&Cs, including amendments, if any, prevailing at the time of availing of the Services. No objections or complaints will be entertained once the Services are rendered by C-DAC.
- You agree that C-DAC shall not under any circumstances be liable for any direct, indirect, punitive, incidental, special, or consequential, or any other form of damages resulting from (i) your use or inability to use or access the Platform, (ii) any unauthorized access/use/alteration of your data, or (iii) any other matter, including but not limited to damages for loss of data, loss of profit, arising out of your use of the Platform.
- You agree that any data or material which is downloaded or otherwise obtained by you through the Platform, is done at your sole discretion, and you will be solely responsible for any damage to your computer/device systems or loss of data resulting from such downloads.
- INDEMNIFICATION
- If C-DAC is of the opinion, or has reasons to believe, that you have provided fraudulent, incorrect, inaccurate or incomplete information on the Platform at any time, C-DAC reserves the right to suspend your access to your account. You shall also be liable to indemnify C-DAC for any losses suffered as a result of such misrepresentation or fraudulent use of the Platform and/or fraudulent feedback, which may have adversely affected C-DAC, its partners and/or its Affiliates.
- The User/Subscriber hereby agrees to indemnify and hold harmless C-DAC (including its directors, employees, representatives, agents, and affiliates) from time to time, against any and/or all losses, liabilities, obligations, damages, judgments, costs, expenses (including, without limitation, advisors’ fees), claims, fines, penalties, proceedings, actions or demands, of any kind or nature incurred by C-DAC/caused to C-DAC on account of the User’s/Subscriber’s use of the Platform or the Services, including but not limited to, the violation of these T&Cs.
- FORCE MAJEURE
We and/or the Platform shall not be liable for any failure or delay in the performance of any of the obligations of the Healthcare Service Providers registered on the Platform due to any Force Majeure Event.
- SEVERABILITY
Every provision contained in these T&Cs shall be severable and distinct from every other provision and if, at any time, any one or more of such provisions is or becomes invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions hereof shall not be, in any manner, affected or impaired thereby.
- NO WAIVER
- No provision in these Terms will be deemed waived and no breach excused, unless such waiver or consent is in writing and signed by us. Any consent by us to, or waiver of your breach, whether expressed or implied, will not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
- SECURITY OF DATA
- All facilities used to store data and process the transaction authorized by the User/Subscriber will adhere to reasonable security standards, which will be at par with the security standards adopted by Us for processing and storing Our own information of a similar nature. We have implemented industry-standard systems and procedures to ensure the security and confidentiality of a transaction and its related data, protect the User/Visitor/Subscriber against anticipated threats or breaches to the security or integrity of a transaction and its related data, and protect the User/Subscriber against unauthorized access to its data.
- The User/Visitor/Subscriber acknowledge and agree that they have granted Us the permission as well as the non-exclusive right to store and transfer their Personal and Sensitive Personal Data, subject to the applicable laws and in accordance with Our Privacy Policy.
- We do not claim any ownership, intellectual property rights, or other rights whatsoever outside the scope of what is necessary to provide the Services.
- We reserve the right to perform statistical analysis of the activity on the Platform in order to measure interests in the various sections of the Platform for the purpose of provisioning and development of Our Services. Any non-personal information such as internet domain, host names, IP addresses, clickstream patterns, and the dates and times on which Platform is accessed may be recorded for the purpose of analysis. The analytical data collected is for internal use only.
- MODIFICATIONS/AMENDMENT/CHANGES TO OUR T&CS
The User/Visitor/Subscriber acknowledge and agree that We have the right to revise, add, modify, amend or discontinue any of these T&Cs from time to time, including, without limitation, to reflect, inter-alia, changes in market conditions, technology, requirements, laws, etc., and We shall not be obligated to obtain any approval/consent of the User/Visitor/Subscriber on the revised T&Cs. The User/Visitor/Subscriber is deemed to be aware of the latest T&Cs and their use of the Platform and availing of Services is subject to the most current version of the T&Cs available on the Platform at the time of such use. We will make the revised T&Cs accessible on the Platform, so you should review these Terms periodically. You can know if the T&Cs have changed since the last time you reviewed them by checking the “Date of Last Revision”included at the beginning of the document. If we make a material change to the T&Cs, you will be provided with appropriate notice in accordance with legal requirements. By continuing to use the Platform, you are confirming that you have read and understood the latest version of these T&Cs.
- DISCLAIMER
- All the information provided on the Platform is subject to the condition that you make an independent determination regarding the accuracy, correctness, usefulness, and suitability, prior to using the same, and We assume no responsibility/liability for accuracy, correctness, usefulness, and suitability of the said information. Further, We shall not be responsible in any manner, for the data provided, stored, or managed by you on the Platform.
- The information on the Platform may contain inaccuracies or typographical errors. While We shall make Our best efforts to ensure that all the information on the Platform is correct and accurate. We make no warranties or representations with respect to the accuracy, quality, and correctness of the said information.
- The entire information on the Platform is provided on ‘as is’ basis, without any warranty or guarantee of any kind, including but not limited to, the implied warranties of merchantability and suitability for a certain purpose, title, non-infringement, accuracy or security.
- We shall not be held responsible or liable for any failure of power, network, server, hosting server, internet connectivity, ISP, or otherwise at the User/Visitor/Subscriber’s end or at Our end, directly or indirectly affecting the accessing and availing of Services online.
- We take no responsibility for the quality, quantity, documentation details of the Users and the Healthcare Service Providers provided on the Platform. The Users and Healthcare Service Providers agree to defend, indemnify and hold harmless, C-DAC/__________, from any loss, damage, cost and expenses caused by any reason during the transactions on the Platform.
- Additionally, C-DAChas nothing to do with the quality, warranty, guarantees, delivery schedules, payments, rejections, transportation, legal laws and regulations to be followed from time to time by the Health Facility/Healthcare Service Provider registered on the Platform. We are only connecting the Health Facility/Healthcare Service Providers with each other and the patients, and are not and cannot be a party to or control in any manner any transactions between the suchHealth Facility/Healthcare Service Providers and/or the patients. s
- GOVERNING LAW AND JURISDICTION
These T&Cs are governed and construed in accordance with the laws of India and the User/Visitor/Subscriber hereby submits themselves to the exclusive jurisdiction of courts and tribunals at __________, India. The User/Subscriber irrevocably waives any objection it may have now or in the future to the choice of courts and tribunal of ______________, India as an inconvenient forum.
- CONTACT INFORMATION
Please feel free to write to us, if you have any queries regarding the T&Cs or the information practices of the Services, on the below mentioned details:
Addressed To:
Email Address:
Office Address:
Contact Number: