ApnaSehat Services Private Limited, on behalf of itself and its affiliates/group companies under the brand "ApnaSehat Services Private Limited" ("ASPL"), is the author and publisher of the internet resource www.apnasehat.com and the mobile application 'ApnaSehat' (together, "Website").
1. NATURE AND APPLICABILITY OF TERMS
Please carefully go through these terms and conditions ("Terms") and the privacy policy available at https://www. apnasehat.com/company/privacy ("Privacy Policy") before you decide to access the Website or avail the services made available on the Website by ApnaSehat Services Private Limited. These Terms and the Privacy Policy together constitute a legal agreement ("Agreement") between you and ApnaSehat Services Private Limited in connection with your visit to the Website and your use of the Services (as defined below).
The Agreement applies to you whether you are -
i. A medical practitioner or healthcare 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"); or
ii. A patient, his/her representatives or affiliates, searching for Practitioners or healthcare provider through the Website ("End-User", "you" or "User"); or
iii. Otherwise a user of the Website ("you" or "User").
This Agreement applies to those services made available by ApnaSehat Services Private Limited on the Website ("Services"), including but not limited to the following:
iv. For Practitioners or healthcare provider: Listing of Practitioners and their profiles and contact details, or healthcare provider’s services and its details to be made available to the other Users and visitors to the Website;
v. For other Users: Facility to (i) create and maintain 'Health Accounts', (ii) search for healthcare providers and its services or Practitioners by name, specialty, and geographical area, or any other criteria that may be developed and made available by ApnaSehat Services Private Limited, and (iii) to make appointments with Practitioners or healthcare providers,
The Services may change from time to time, at the sole discretion of ApnaSehat Services Private Limited, and the Agreement will apply to your visit to and your use of the Website to avail the Service, as well as to all information provided by you on the Website at any given point in time.
This Agreement defines the terms and conditions under which you are allowed to use the Website 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, feel free to contact us at support@apnasehat.com
By downloading the ApnaSehat app or accessing the Website to use the Services, you irrevocably accept all the conditions stipulated in this Agreement, as available on the Website, and agree to abide by them. This Agreement supersedes all previous oral and written terms and conditions (if any) communicated to you relating to your use of the Website to avail the Services. By availing any Service, you signify your acceptance of the terms of this Agreement.
We reserve the right to modify or terminate any portion of the Agreement for any reason and at any time. You should read the Agreement at regular intervals. Your use of the ApnaSehat App or Website following any such modification constitutes your agreement to follow and be bound by the Agreement so modified.
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 or avail any Services.
Your access to use of the Website and the Services will be solely at the discretion of ApnaSehat Services Private Limited.
The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but not limited to:
vi. the Indian Contract Act, 1872,
vii. the (Indian) Information Technology Act, 2000, and
viii. 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 Information Technology (Intermediary Guidelines and Digital Ethics Code) Rules, 2021 (the "IG Rules")).
2. CONDITIONS OF USE
You must be 18 years of age or older to register, use the Services, or visit or use the Website in any manner. By registering, visiting and using the Website or accepting this Agreement, you represent and warrant to ApnaSehat Services Private Limited that you are 18 years of age or older, and that you have the right, authority and capacity to use the Website and the Services available through the Website, and agree to and abide by this Agreement.
3. TERMS OF USE APPLICABLE TO ALL USERS OTHER THAN PRACTITIONERS
The terms in this Clause 3 are applicable only to Users other than Practitioners or Healthcare Service Providers.
3.1 END-USER ACCOUNT AND DATA PRIVACY
3.1.1 The terms "personal information" and "sensitive personal data or information" are defined under the SPI Rules, and are reproduced in the Privacy Policy.
3.1.2 ApnaSehat Services Private Limited may by its Services, collect information relating to the devices through which you access the Website, and anonymous data of your usage. The collected information will be used only for improving the quality of ApnaSehat Services Private Limited's services and to build new services.
3.1.3 The Website allows ApnaSehat Services Private Limited 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 or healthcare service providers and their practices.
3.1.4 The Privacy Policy sets out, inter-alia:
i. The type of information collected from Users, including sensitive personal data or information;
ii. The purpose, means and modes of usage of such information;
iii. How and to whom ApnaSehat Services Private Limited will disclose such information; and,
iv. Other information mandated by the SPI Rules.
3.1.5 The User is expected to read and understand the Privacy Policy, so as to ensure that he or she has the knowledge of, inter-alia:
v. the fact that certain information is being collected;
vi. the purpose for which the information is being collected;
vii. the intended recipients of the information;
viii. the nature of collection and retention of the information; and
ix. the name and address of the agency that is collecting the information and the agency that will retain the information; and
x. the various rights available to such Users in respect of such information.
3.1.6 ApnaSehat Services Private Limited 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 ApnaSehat Services Private Limited or to any other person acting on behalf of ApnaSehat Services Private Limited.
3.1.7 The User is responsible for maintaining the confidentiality of the User's account access information and password, if the User is registered on the Website. The User shall be responsible for all usage of the User's account and password, whether or not authorized by the User. The User shall immediately notify ApnaSehat Services Private Limited of any actual or suspected unauthorized use of the User's account or password. Although ApnaSehat Services Private Limited will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of ApnaSehat Services Private Limited or such other parties as the case may be, due to any unauthorized use of your account.
3.1.8 If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), ApnaSehat Services Private Limited has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, ApnaSehat Services Private Limited has the right to discontinue the Services to the User at its sole discretion.
3.1.9 ApnaSehat Services Private Limited may use such information collected from the Users from time to time for the purposes of debugging customer support related issues.
3.1.10 Against every Practitioner or healthcare service provider listed in ApnaSehat.com, when you choose to call the number through a telephone service provider to ApnaSehat Services Private Limited, and the records of such calls when you call through telephone/mobile services, are recorded and stored in ApnaSehat Services Private Limited's servers. Such call will have an IVR message stating the purpose of recording your calls and your consent to such recordings which are dealt with as per the Privacy Policy. Such records may be accessed by ApnaSehat Services Private Limited for quality control, monitoring and support related purposes and are dealt with only in accordance with the terms of the Privacy Policy. Call facility provided to you by ApnaSehat Services Private Limited should be used only for appointment and booking purposes, and not for consultation on health-related issues. ApnaSehat Services Private Limited accepts no liability if the call facility is not used in accordance with the foregoing. ApnaSehat Services Private Limited may also choose to not use this facility and show the practitioner's or healthcare provider’s direct number. In case you choose to not provide your consent to recording your calls that may have personal information required for appointment and booking purposes, ApnaSehat Services Private Limited reserves the right to not provide the Services for which such personal information is sought.
3.1.11 RELEVANCE ALGORITHM
ApnaSehat Services Private Limited's relevance algorithm for the Practitioners or healthcare service providers is a fully automated system that lists the Practitioners, their profile and information regarding their Practice or healthcare provider’s service information on its Website. These listings of Practitioners or healthcare service providers do not represent any fixed objective ranking or endorsement by ApnaSehat Services Private Limited. ApnaSehat Services Private Limited will not be liable for any change in the relevance of the Practitioners or healthcare service providers on search results, which may take place from time to time. The listing of Practitioners will be based on automated computation of the various factors including inputs made by the Users including their comments and feedback. Such factors may change from time to time, in order to improve the listing algorithm. ApnaSehat Services Private Limited in no event will be held responsible for the accuracy and the relevancy of the listing order of the Practitioners or healthcare service provider on the Website.
3.1.12 LISTING CONTENT AND DISSEMINATING INFORMATION
ApnaSehat Services Private Limited collects, directly or indirectly, and displays on the Website, relevant information regarding the profile and practice of the Practitioners or healthcare providers’ services information listed on the Website, such as their specialization, qualification, fees, location, visiting hours, and similar details or services offered ny healthcare providers. ApnaSehat Services Private Limited takes reasonable efforts to ensure that such information is updated at frequent intervals. Although ApnaSehat Services Private Limited screens and vets the information and photos submitted by the Practitioners or healthcare providers, it cannot be held liable for any inaccuracies or incompleteness represented from it, despite such reasonable efforts.
3.1.13 The services provided by ApnaSehat Services Private Limited 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). ApnaSehat Services Private Limited does not provide or make any representation, warranty or guarantee, express or implied about the Website or the Services. ApnaSehat Services Private Limited does not guarantee the accuracy or completeness of any content or information provided by Users on the Website. To the fullest extent permitted by law, ApnaSehat Services Private Limited disclaims all liability arising out of the User's use or reliance upon the Website, the Services, representations and warranties made by other Users, the content or information provided by the Users on the Website, or any opinion or suggestion given or expressed by ApnaSehat Services Private Limited or any User in relation to any User or services provided by such User.
3.1.14 The Website may be linked to the website of third parties, affiliates and business partners. ApnaSehat Services Private Limited 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. Inclusion of any link on the Website does not imply that ApnaSehat Services Private Limited endorses the linked site. User may use the links and these services at User's own risk.
3.1.15 ApnaSehat Services Private Limited 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 or the downloading of any material, data, text, images, video content, or audio content from the Website. If a User is dissatisfied with the Website, User's sole remedy is to discontinue using the Website.
3.1.16 If ApnaSehat Services Private Limited determines that you have provided fraudulent, inaccurate, or incomplete information, including through feedback, ApnaSehat Services Private Limited reserves the right to immediately suspend your access to the Website or any of your accounts with ApnaSehat Services Private Limited and makes such declaration on the website alongside your name/your clinic's name/healthcare service provider’s name as determined by ApnaSehat Services Private Limited for the protection of its business and in the interests of Users. You shall be liable to indemnify ApnaSehat Services Private Limited for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected ApnaSehat Services Private Limited or its Users.
3.1.17 The practitioner’ fee or the price of healthcare providers’ services may vary within the city itself which is determined by the Healthcare service provider or the Practitioners or ApnaSehat Services Private Limited. ApnaSehat Services Private Limited has published this information (Fee or Price or Charges) for guidance purpose and does not have the ability to ascertain accuracy of the data based on which the information has been published and nor does it has any duty to disclose to anyone the source of the underlying data sets based on which this information has been published. ApnaSehat Services Private Limited is not liable in any manner for any consequence whatsoever arising out of any use of the information published here.
3.2 BOOK APPOINTMENT AND CALL FACILITY
ApnaSehat Services Private Limited enables Users to connect with Practitioners or healthcare service providers through three methods: a) Book facility that allows Users book an appointment through the Website; b)through App and c) Value added telephonic services which connect Users directly to the Practitioner's or healthcare provider’s number provided on the Website.
3.2.1 ApnaSehat Services Private Limited will ensure Users are provided confirmed appointment on the Book facility. However, ApnaSehat Services Private Limited has no liability if such an appointment is later cancelled by the healthcare provider or the Practitioner, or the same Practitioner is not available for appointment. However, ApnaSehat Services Private Limited may arrange for the next available practitioner’s appointment or healthcare provider’s services, but does not guarantee the same.
3.2.2 If a User has utilized the telephonic services, ApnaSehat Services Private Limited reserves the right to share the information provided by the User with the Practitioner or Healthcare Provider and store such information and/or conversation of the User with the Practitioner or healthcare provider, in accordance with our Privacy Policy.
3.2.3 The results of any search Users perform on the Website for Practitioners or healthcare service provider should not be construed as an endorsement by ApnaSehat Services Private Limited of any such particular Practitioner or healthcare service provider. If the User decides to engage with a Practitioner or healthcare service provider to seek medical services, the User shall be doing so at his/her own risk.
3.2.4 Without prejudice to the generality of the above, ApnaSehat Services Private Limited 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 or healthcare service provider. User understands and agrees that ApnaSehat Services Private Limited will not be liable for:
3.2.4.1 User interactions and associated issues User has with the Practitioner or healthcare service provider;
3.2.4.2 the ability or intent of the Practitioner(s) or the lack of it, or healthcare provider(s) service in fulfilling their obligations towards Users;
3.2.4.3 any wrong medication or quality of treatment or services being given by the healthcare service provider(s) or Practitioner(s), or any medical negligence on part of the Practitioner(s) or healthcare service provider(s);
3.2.4.4 inappropriate treatment, or similar difficulties or any type of inconvenience suffered by the User due to a failure on the part of the Practitioner or healthcare service provider to provide agreed Services;
3.2.4.5 any misconduct or inappropriate behaviour by the Practitioner or the Practitioner's staff or the healthcare service provider;
3.2.4.6 cancellation or no show by the healthcare service provider or the Practitioner or rescheduling of booked appointment or any variation in the fees charged.
3.2.5 Users are allowed to provide feedback about their experiences with the Practitioner or healthcare service provider, however, the User shall ensure that, the same is provided in accordance with applicable law. User however understands that, ApnaSehat Services Private Limited 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 or healthcare service provider from the Website or App.
3.2.6 In case of a 'Patient-No-Show (P.N.S)' (defined below), where the User does not show-up at the concerned Practitioner's clinic or healthcare service provider’s venue/location:
3.2.6.1 User's account will be temporarily disabled from booking further online appointments on ApnaSehat.com for next one (1) Month, in case of, three (3) in-valid PNS, as per the patient-No-Show Policy.
3.2.6.2 Patient- No-Show (P.N.S) for the purposes of these Terms and Conditions, is defined as, any instance where a User, who booked an appointment on the ApnaSehat.com or App using the Book Appointment facility , has not turned up for the appointment without cancelling, rescheduling, or informing the ApnaSehat / Practitioner / Healthcare provider in advance about the same. When Healthcare Provider / Practitioner informs ApnaSehat Services Private Limited of the incident or marks a particular appointment as P.N.S. using the ApnaSehat Services Private Limited App or website within one (1) day of the scheduled appointment, an email and SMS ("PNS Communication") will be sent to the User to confirm on the incident with reasons. Where the User is not able to establish that the User had a legitimate reason as per the ApnaSehat PNS Policy, for not showing up, ApnaSehat Services Private Limited shall be entitled to take actions as per PNS Policy. However Users understand that, actions taken are included as a deterrent to stop Users from misusing the Website, and the loss of business hours incurred by the Practitioner/Healthcare Providers.
3.2.6.3 Following instances, solely at the discretion of ApnaSehat Services Private Limited, would be construed as valid cases of PNS ("Valid PNS"), in which case the User shall be penalized as per the PNS policy.
3.2.6.3.1 User does not reply within twenty-four (24) hours, with reasons to PNS Communication, from the date of receipt of such PNS Communication;
3.2.6.3.2 In case User responds to the PNS Communication with below reasons:
3.2.6.3.2.1 Forgot the appointment
3.2.6.3.2.2 Chose to visit another Practitioner/consulted online;
3.2.6.3.2.3 Busy with other work; or such other reasons (which ApnaSehat Services Private Limited at its discretion decides to be a valid reason to not show up).
3.2.6.3.3 Where the User has booked a paid appointment and is unable to visit the Practitioner, due to such genuine reasons of sickness etc. at the sole discretion of ApnaSehat Services Private Limited, pursuant to conducting of investigation, the User shall be provided with a refund of such payment made by User, at the time of booking. However, where cancellation charges have been levied, you would not be entitled to complete refund.
3.2.6.4 ApnaSehat Services Private Limited reserves the right to make the final decision in case of a conflict. The total aggregate liability of ApnaSehat Services Private Limited with respect to any claims made herein shall be INR ZERO.
3.2.7 Cancellation and Refund Policy
3.2.7.1 In the event that, the Practitioner or Healthcare Service Providers with whom User has booked a paid appointment via the ApnaSehat Website or App, has not been able to meet the User, User will need to write to us at support@apnasehat.com within Two (2) Hours from the occurrence of such event; in which case, the entire consultation amount as mentioned on the Website will be refunded to the User within the next five (5) to six (6) business days in the original mode of payment done by the User while booking. In case where the User, does not show up for the appointment booked with a Practitioner or Healthcare Service Providers, without cancelling the appointment beforehand, the amount will not be refunded, and treated as under PNS Policy. However, where cancellation charges have been levied (as charged by the Practitioner/Practice), you would not be entitled to complete refund even if you have cancelled beforehand.
Users will not be entitled for any refunds in cases where, the Practitioner or Healthcare Service Provider is unable to meet the User at the exact time of the scheduled appointment time and the User is required to wait, irrespective of the fact whether the User is required to wait or choose to not obtain the medical services from the said practitioner.
3.2.7.2
3.2.8 NO DOCTOR-PATIENT RELATIONSHIP; NOT FOR EMERGENCY USE
3.2.9 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 ApnaSehat Services Private Limited 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.
3.2.10 It is hereby expressly clarified that, the Information that you obtain or receive from ApnaSehat Services Private Limited, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Website 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. 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.
3.2.11 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.
3.3 APNASEHAT SERVICES PRIVATE LIMITED HEALTH FEED
These terms & conditions governing ApnaSehat Services Private Limited Health feed are applicable to Users (being both end-users/ Practitioner/ Healthcare Provider). However, it is clarified that the terms and conditions herein applicable only to Practitioners/Healthcare Provider and applicable to Users are called out separately, as the context warrants.
3.3.1 ApnaSehat Services Private Limited Health feed is an online content platform available on the Website, wherein Practitioners /Healthcare Provider who have created a ApnaSehat Services Private Limited profile can login and post health and wellness related content.
3.3.2 Practitioners /Healthcare Provider can use ApnaSehat Services Private Limited Health feed by logging in from their health account, creating original content comprising text, audio, video, images, data or any combination of the same ("Content"), and uploading said Content to ApnaSehat Services Private Limited's servers. ApnaSehat Services Private Limited will make available to the User a gallery of images licensed by ApnaSehat Services Private Limited from a third party stock image provider ("ApnaSehat Services Private Limited Gallery"). The User can upload their own images or choose an image from the ApnaSehat Services Private Limited Gallery. ApnaSehat Services Private Limited does not provide any warranty as to the ownership of the intellectual property in the ApnaSehat Services Private Limited Gallery and the User acknowledges that the User will use the images from the ApnaSehat Services Private Limited Gallery at their own risk. ApnaSehat Services Private Limited shall post such Content to ApnaSehat Services Private Limited Health feed at its own option and subject to these Terms and Conditions. The Content uploaded via ApnaSehat Services Private Limited Health feed does not constitute medical advice and may not be construed as such by any person.
3.3.3 Practitioners / Healthcare Service Providers acknowledges that they are the original authors and creators of any Content uploaded by them via ApnaSehat Services Private Limited Health feed and that no Content uploaded by them would constitute infringement of the intellectual property rights of any other person. ApnaSehat Services Private Limited reserves the right to remove any Content which it may determine at its own discretion as violating the intellectual property rights of any other person, including but not limited to patent, trademark, copyright or other proprietary rights. Practitioner / Healthcare Provider agrees to absolve ApnaSehat Services Private Limited from and indemnify ApnaSehat Services Private Limited against all claims that may arise as a result of any third party intellectual property right claim that may arise from the Practitioner's / Healthcare Provider uploading of any Content on the ApnaSehat Services Private Limited Health feed. The Practitioner /Healthcare Provider may not use the images in the ApnaSehat Services Private Limited Gallery for any purpose other than those directly related to the creation and uploading of Content to ApnaSehat Services Private Limited Health feed. The Practitioner /Healthcare Provider also agrees to absolve ApnaSehat Services Private Limited from and indemnify ApnaSehat Services Private Limited against all claims that may arise as a result of any third party intellectual property claim if the Practitioner downloads, copies or otherwise utilizes an image from the ApnaSehat Services Private Limited Gallery for his/her personal or commercial gain.
3.3.4 Practitioner / Healthcare Provider hereby assigns to ApnaSehat Services Private Limited, in perpetuity and worldwide, all intellectual property rights in any Content created by the User and uploaded by the User via ApnaSehat Services Private Limited Health feed.
3.3.5 ApnaSehat Services Private Limited shall have the right to edit or remove the Content and any comments in such manner as it may deem ApnaSehat Services Private Limited Health feed at any time.
3.3.6 Practitioner / Healthcare Provider shall ensure that the Content or any further responses to the Content (including responses to Users) is not harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic or libelous in any manner. Further, Practitioner should ensure that the Content is not invasive of any other person's privacy, or otherwise contains any elements that is hateful, racially or ethnically objectionable, disparaging, or otherwise unlawful in any manner whatever. ApnaSehat Services Private Limited reserves the right to remove any Content which it may determine at its own discretion is violative of these Terms and Conditions or any law or statute in force at the time. Also, the Practitioner / Healthcare Provider agrees to absolve ApnaSehat Services Private Limited from and indemnify ApnaSehat Services Private Limited against all claims that may arise as a result of any legal claim arising from the nature of the Content posted by the Practitioner on ApnaSehat Services Private Limited Health Feed.
3.3.7 Practitioner / Healthcare Provider shall ensure that no portion of the Content is violative of any law for the time being in force.
3.3.8 Practitioner / Healthcare Provider shall ensure that the Content is not threatening the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order. Further the Practitioner / Healthcare Provider shall ensure that the Content will not cause incitement to the commission of any cognisable offence or prevent investigation of any offence or is insulting to any other nation.
3.3.9 User may also use ApnaSehat Services Private Limited Health feed in order to view original content created by Practitioners / Healthcare Provider and to create and upload comments on such Content, where allowed ("User Comment").
3.3.10 User acknowledges that the User Comment reflects the views and opinions of the authors of such Content and do not necessarily reflect the views of ApnaSehat Services Private Limited.
3.3.11 User agrees that the Content they access on ApnaSehat Services Private Limited Health feed does not in any way constitute medical advice and that the responsibility for any act or omission by the User arising from the User's interpretation of the Content, is solely attributable to the User. The User agrees to absolve ApnaSehat Services Private Limited from and indemnify ApnaSehat Services Private Limited against all claims that may arise as a result of the User's actions resulting from the User's viewing of Content on ApnaSehat Services Private Limited Health feed.
3.3.12 User acknowledges that all intellectual property rights in the User Comment on ApnaSehat Services Private Limited Health feed vests with ApnaSehat Services Private Limited. The User agrees not to infringe upon ApnaSehat Services Private Limited's intellectual property by copying or plagiarizing content on ApnaSehat Services Private Limited Health feed. ApnaSehat Services Private Limited reserves its right to initiate all necessary legal remedies available to them in case of such an infringement by the User. Also, User Comment will be the sole intellectual property of ApnaSehat Services Private Limited. The User agrees not to post User Comment that would violate the intellectual property of any third party, including but not limited to patent, trademark, copyright or other proprietary rights. ApnaSehat Services Private Limited reserves the right to remove any User Comment which it may determine at its own discretion as violating the intellectual property rights of any third party. The User agrees to absolve ApnaSehat Services Private Limited from and indemnify ApnaSehat Services Private Limited against all claims that may arise as a result of any third party intellectual property right claim that may arise from the User Comment.
3.3.13 User shall ensure that the User Comment is not harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic or libelous in any manner. Further, User should ensure that the User Comment is not invasive of any other person's privacy, or otherwise contains any elements that is hateful, racially or ethnically objectionable, disparaging, or otherwise unlawful in any manner whatever. ApnaSehat Services Private Limited reserves the right to remove any Content which it may determine at its own discretion is violative of these Terms and Conditions or any law or statute in force at the time Also, the User agrees to absolve ApnaSehat Services Private Limited from and indemnify ApnaSehat Services Private Limited against all claims that may arise as a result of any legal claim arising from the nature of the User Comment.
3.3.14 User shall ensure that the User Comment is not threatening the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order. Further the Practitioner shall ensure that the User Comment will not cause incitement to the commission of any cognisable offence or prevent investigation of any offence or is insulting to any other nation.
3.4 CONTENT OWNERSHIP AND COPYRIGHT CONDITIONS OF ACCESS
3.4.1 The contents listed on the Website are (i) User generated content, or (ii) belong to ApnaSehat Services Private Limited. The information that is collected by ApnaSehat Services Private Limited directly or indirectly from the End- Users and the Practitioners / Healthcare Service Provider shall belong to ApnaSehat Services Private Limited. Copying of the copyrighted content published by ApnaSehat Services Private Limited on the Website for any commercial purpose or for the purpose of earning profit will be a violation of copyright and ApnaSehat Services Private Limited reserves its rights under applicable law accordingly.
3.4.2 ApnaSehat Services Private Limited 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, "ApnaSehat Services Private Limited Content"), are the property of ApnaSehat Services Private Limited and are protected under copyright, trademark and other laws. User shall not modify the ApnaSehat Services Private Limited Content or reproduce, display, publicly perform, distribute, or otherwise use the ApnaSehat Services Private Limited Content in any way for any public or commercial purpose or for personal gain.
3.4.3 User shall not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
4. PATIENTS’ STORIES
By using this Website, you agree that any information shared by you with ApnaSehat Services Private Limited or with any Practitioner / Healthcare Service Provider will be subject to our Privacy Policy.
You are solely responsible for the content that you choose to submit for publication on the Website, including any patient stories or recommendations ("Critical Content") relating to Practitioners / Healthcare Service Provider or other healthcare professionals. The role of ApnaSehat Services Private Limited in publishing Critical Content is restricted to that of an 'intermediary' under the Information Technology Act, 2000. ApnaSehat Services Private Limited 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. ApnaSehat Services Private Limited shall not be liable to pay any consideration to any User for re-publishing any content across any of its platforms.
Your publication of patient stories on the Website is governed by Clause of RIGHTS AND OBLIGATIONS RELATING TO CONTENT Terms. Without prejudice to the detailed terms stated in that Clause, 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. ApnaSehat Services Private Limited, at its sole discretion, may choose not to publish your patient stories, if so required by applicable law, and in accordance with Clause of RIGHTS AND OBLIGATIONS RELATING TO CONTENT Terms. You agree that ApnaSehat Services Private Limited may contact you through telephone, email, SMS, Whats App or any other electronic means of communication for the purpose of:
i. Obtaining feedback in relation to Website or ApnaSehat Services Private Limited's services; and/or
ii. Obtaining feedback in relation to any Practitioners / Healthcare Service Provider listed on the Website; and/or
iii. Resolving any complaints, information, or queries by Practitioners / Healthcare Service Provider regarding your Critical Content;
and you agree to provide your fullest co-operation further to such communication by ApnaSehat Services Private Limited. ApnaSehat Services Private Limited's Feedback Collection and Fraud Detection Policy, is annexed as the Schedule hereto, and remains subject always to these Terms.
5 RECORDS
ApnaSehat Services Private Limited may provide End-Users with a free facility known as 'Records' on its mobile application 'ApnaSehat Services Private Limited'. Information available in your Records is of two types:
i. User-created: Information uploaded by you or information generated during your interaction with ApnaSehat Services Private Limited ecosystem, eg: appointment, prescription placed/uploaded by you.
ii. Practice-created: Health Records generated by your interaction with a Practitioner / Healthcare Service Provider who uses 'ApnaSehat Services Private Limited App or website' or other Services of ApnaSehat Services Private Limited software.
The specific terms relating to such Health Account are as below, without prejudice to the rest of these Terms and the Privacy Policy:
5.1.1 Your Records is only created after you have signed up and explicitly accepted these Terms.
5.1.2 Any Practice created Health Record is provided on an as-is basis at the sole intent, risk and responsibility of the Practitioner and ApnaSehat Services Private Limited 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.
5.1.3 The Health Records are provided on an as-is basis. While we strive to maintain the highest levels of service availability, ApnaSehat Services Private Limited is not liable for any interruption that may be caused to your access of the Services.
5.1.4 The reminder provided by the Records is only a supplementary way of reminding you to perform your activities as prescribed by your Practitioner / Healthcare Service Provider. In the event of any service reminders provided by ApnaSehat Services Private Limited, you should refer to your prescription before taking any medicines/undergoing any test. ApnaSehat Services Private Limited is not liable if for any reason reminders are not delivered to you or are delivered late or delivered incorrectly, despite its best efforts. In case you do not wish to receive the reminders, you can switch it off through the ApnaSehat Services Private Limited app.
5.1.5 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. ApnaSehat Services Private Limited is not responsible for any loss or inconvenience caused due to your failure in updating the contact details with ApnaSehat Services Private Limited.
5.1.6 ApnaSehat Services Private Limited uses industry–level security and encryption to your Health Records. However, ApnaSehat Services Private Limited 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 ApnaSehat Services Private Limited of such unauthorized use or access. Please safeguard your login credentials and report any actual suspected breach of account to support@apnasehat.com
5.1.7 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. ApnaSehat Services Private Limited assumes no responsibility for any claim, dispute or liability arising in this regard, and you shall indemnify ApnaSehat Services Private Limited and its officers against any such claim or liability arising out of unauthorized use of such information.
5.1.8 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 / Healthcare Service Provider will continue to be stored in their respective accounts.
5.1.9 You may lose your "User created" record, if the data is not synced with the server.
5.1.10 If the Health Record is unassessed for a stipulated time, you may not be able to access your Health Records due to security reasons.
5.1.11 ApnaSehat Services Private Limited is not liable if for any reason, Health Records are not delivered to you or are delivered late despite its best efforts.
5.1.12 The Health Records are shared with the phone numbers that are provided by you to your Practitioner / Healthcare Service Provider. ApnaSehat Services Private Limited is not responsible for adding the Heath Records with incorrect numbers if those incorrect numbers are provided by you to the Practitioner / Healthcare Service Provider.
5.1.13 ApnaSehat Services Private Limited is not responsible or liable for any content, fact, Health Records, medical deduction or the language used in your Health Records whatsoever. Your Practitioner / Healthcare Service Provider is solely responsible and liable for your Health Records and any information provided to us including but not limited to the content in them.
5.1.14 ApnaSehat Services Private Limited 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.
5.1.15 ApnaSehat Services Private Limited will follow the law of land in case of any constitutional court or jurisdiction mandates to share the Health Records for any reason.
5.1.16 You agree and acknowledge that ApnaSehat Services Private Limited 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.
5.1.17 You acknowledge that the Practitioners / Healthcare Service Provider you are visiting may engage ApnaSehat Services Private Limited's software or third party software for the purposes of the functioning of the Practitioner's / Healthcare Service Provider’s business and ApnaSehat Services Private Limited's services including but not limited to the usage and for storage of Records (as defined in RECORD Section 5) in India and outside India, in accordance with the applicable laws.
5.1.18 To the extent that your Records have been shared with ApnaSehat Services Private Limited or stored on any of the ApnaSehat Services Private Limited products used by Practitioner's / Healthcare Service Provider’s you are visiting, and may in the past have visited, You hereby agree to the storage of your Records by ApnaSehat Services Private Limited pertaining to such previously visited clinics and hospitals who have tie ups with ApnaSehat Services Private Limited for the purposes of their business and for ApnaSehat Services Private Limited's services including but not limited to the usage and for storage of Records (as defined in RECORD Section 5) in India and outside India, in accordance with the applicable laws and further agree, upon creation of your account with ApnaSehat Services Private Limited, to the mapping of such Records as may be available in ApnaSehat Services Private Limited's database to your User account.
5.2 APNASEHAT SERVICES PRIVATE LIMITED MEDICINE INFORMATION
For detailed terms and conditions regarding medicine information click here.
5.3 ApnaSehat Services Private Limited Q&A
5.3.1Terms for Practitioners / Healthcare Service Providers:
i. Every Practitioner / Healthcare Service Provider on the Q&A Platform must be qualified in the area of expertise that he/she represents as being his/her qualification.
ii. The Q&A 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.
iii. Any Q&A interaction cannot be construed as a medical consultation with the Practitioner / Healthcare Service Provider, in any manner whatsoever.
iv. ApnaSehat Services Private Limited Users may post questions on medical issues ("Querist"), and these queries can be answered by multiple Practitioners / Healthcare Service Provider / Experts on the Q&A Platform. It is expressly clarified that no doctor-patient relationship is established between the Querist and Practitioner/ Healthcare Service Provider/Expert, in any manner whatsoever, by indulging in this Q&A.
v. The Practitioner / Healthcare Service Provider 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.
vi. Practitioner / Healthcare Service Provider shall not share their personal, religious and/or moral views with the Querist while issuing their response.
vii. The Practitioner cannot issue and/or prescribe any medicines on the Q&A platform. It is a platform for only exchange of information and not a consultation/ medical advice.
viii. The Practitioner / Healthcare Service Provider is absolutely and expressly prohibited to:
a. Provide a medical diagnosis;
b. Issue a prescription;
c. Post any response which comprises of any derogatory language, objectionable, pornographic and /or offensive content;
d. Advertise any brand of drugs, supplements, vaccines and medications, in any manner of whatsoever;
e. 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;
f. Promote content and activities which are illegal in nature;
ix. In the event of any breach of these QA T&C, ApnaSehat Services Private Limited will take appropriate action inter alia ranging from issuing warnings to removal of Practitioner / Healthcare Service Provider from the Q&A Platform, in its sole and absolute discretion, on a case to case basis.
x. Any liability arising out of the response issued by a Practitioner / Healthcare Service Provider will be borne solely by the Practitioner. Q&A Platform is only a platform interface provided by ApnaSehat Services Private Limited for sharing and exchanging information purposes.
xi. The Q&A Platform shall be audited on a regular basis by ApnaSehat Services Private Limited for ascertaining compliance by the Practitioner / Healthcare Service Provider to Paragraph 6, and the Practitioners / Healthcare Service Provider 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.
xii. All general ApnaSehat Services Private Limited Terms and Conditions shall govern the QA T&C to the extent applicable. Decision of ApnaSehat Services Private Limited is final and binding on the issues arising under the QA T&C and ApnaSehat Services Private Limited Terms and Conditions.
5.3.2Terms for User/Querist:
i. The personally identifiable information of the querist shall be anonymized by ApnaSehat Services Private Limited prior to posting the question on the Q&A Platform;
ii. Q&A 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 Q&A Platform.
iii. User shall not use the Q&A Platform for emergency situations.
iv. The User is prohibited to post any query/issue on the Q&A 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 Q&A Platform. Q&A 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 Q&A. 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.
vii. All general ApnaSehat Services Private Limited Terms and Conditions shall govern the QA T&C to the extent applicable. Decision of ApnaSehat Services Private Limited is final and binding on the issues arising under the QA T&C and ApnaSehat Services Private Limited Terms and Conditions.