Terms and Conditions
Preventum Healthcare Private Limited, on behalf of itself and its affiliates/group companies under the brand "Preventum " (“Preventum ”), is the author and publisher of the internet resource www.clinicamedica.in and the mobile application. Preventum owns and operates the services provided through the Website.
- 1.NATURE AND APPLICABILITY OF TERMS
The Agreement applies to you whether you are -
- A medical practitioner or health care provider (whether an individual professional or an organization) or similar institution wishing to be listed, or already listed, on the Website, including designated, authorized associates of such practitioners or institutions (“Practitioner(s)”, “you” or “User”); or
- A patient, his/her representatives or affiliates, searching for Practitioners through the Website (“End-User”, “you” or “User”); or
- Otherwise a user of the Website (“you” or “User”).
This Agreement applies to those services made available by Preventum on the Website, which are offered free of charge to the Users (“Services”), including the following:
- For Practitioners: Listing of Practitioners and their profiles and contact details, to be made available to the other Users and visitors to the Website;
- For other Users: Facility to (i) create and maintain ‘Health Accounts’, (ii) search for Practitioners by name, specialty, and geographical area, or any other criteria that may be developed and made available by Preventum , and (iii) to make appointments with Practitioners.
The Services may change from time to time, at the sole discretion of Preventum , 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 email@example.com
We reserve the right to modify or terminate any portion of the Agreement for any reason and at any time, and such modifications shall be informed to you in writing You should read the Agreement at regular intervals. Your use of the 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 Preventum.
The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but not limited to:
- the Indian Contract Act, 1872,
- the (Indian) Information Technology Act, 2000, and
- the rules, regulations, guidelines and clarifications framed there under, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”).
- 2.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 Preventum 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.
The terms in this Clause 3 are applicable only to Users other than Practitioners.
- 3.1 END-USER ACCOUNT AND DATA PRIVACY
- 3.1.2 Preventum 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 Preventum’s services and to build new services.
- 3.1.3 The Website allows Preventum to have access to registered Users’ personal email or phone number, for communication purpose so as to provide you a better way of booking appointments and for obtaining feedback in relation to the Practitioners and their practice.
- The type of information collected from Users, including sensitive personal data or information;
- The purpose, means and modes of usage of such information;
- How and to whom Preventum will disclose such information; and,
- Other information mandated by the SPI Rules.
- the fact that certain information is being collected;
- the purpose for which the information is being collected;
- the intended recipients of the information;
- the nature of collection and retention of the information; and
- the name and address of the agency that is collecting the information and the agency that will retain the information; and
- the various rights available to such Users in respect of such information.
- 3.1.6 Preventum 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 Preventum or to any other person acting on behalf of Preventum .
- 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 Preventum of any actual or suspected unauthorized use of the User’s account or password. Although Preventum will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Preventum 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), or Preventum has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Preventum has the right to discontinue the Services to the User at its sole discretion.
- 3.1.9 Preventum may use such information collected from the Users from time to time for the purposes of debugging customer support related issues.
- 3.2 RELEVANCE ALGORITHM
- 3.1 END-USER ACCOUNT AND DATA PRIVACY
Preventum ’s relevance algorithm for the Practitioners is a fully automated system that lists the Practitioners, their profile and information regarding their Practice on its Website. These listings of Practitioners do not represent any fixed objective ranking or endorsement by Preventum. Preventum will not be liable for any change in the relevance of the Practitioners 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. Preventum in no event will be held responsible for the accuracy and the relevancy of the listing order of the Practitioners on the Website.
- 3.3 LISTING CONTENT AND DISSEMINATING INFORMATION
- 3.3.1 Preventum collects, directly or indirectly, and displays on the Website, relevant information regarding the profile and practice of the Practitioners listed on the Website, such as their specialization, qualification, fees, location, visiting hours, and similar details. Preventum takes reasonable efforts to ensure that such information is updated at frequent intervals. Although Preventum screens and vets the information and photos submitted by the Practitioners, it cannot be held liable for any inaccuracies or incompleteness represented from it, despite such reasonable efforts.
- 3.3.2 The Services provided by Preventum 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). Preventum does not provide or make any representation, warranty or guarantee, express or implied about the Website or the Services. Preventum 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, Preventum 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 Preventum or any User in relation to any User or services provided by such User.
- 3.3.3 The Website may be linked to the website of third parties, affiliates and business partners. Preventum 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 Preventum endorses the linked site. User may use the links and these services at User’s own risk.
- 3.3.4 Preventum 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.
- 3.3.5 If Preventum determines that you have provided fraudulent, inaccurate, or incomplete information, including through feedback, Preventum reserves the right to immediately suspend your access to the Website or any of your accounts with Preventum and makes such declaration on the website alongside your name/your clinic’s name as determined by Preventum for the protection of its business and in the interests of Users. You shall be liable to indemnify Preventum for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected Preventum or its Users.
- 3.3.6 The information published under the head of "Industry wide city-wise Pricing Graph" is derived from a benchmarking group that is determined to be relevant by Preventum in the relevant city. Preventum has published this information 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 have any duty to disclose to anyone the source of the underlying data sets based on which this information has been published. Preventum is not liable in any manner for any consequence whatsoever arising out of any use of the information published here.
- 3.4 BOOK APPOINTMENT AND CALL FACILITY
- 3.3 LISTING CONTENT AND DISSEMINATING INFORMATION
Preventum enables Users to connect with Practitioners through two methods: a) Book facility that allows Users book an appointment through the Website; b) Value added telephonic services which connect Users directly to the Practitioner’s number provided on the Website.
- 3.4.1 Preventum will ensure Users are provided confirmed appointment on the Book facility. However, Preventum has no liability if such an appointment is later cancelled by the Practitioner, or the same Practitioner is not available for appointment. Provided, it does not fall under the heads listed under the Practo Guarantee Program, in which case the terms of this program shall apply.
- 3.4.3 The results of any search Users perform on the Website for Practitioners should not be construed as an endorsement by Preventum of any such particular Practitioner. If the User decides to engage with a Practitioner to seek medical services, the User shall be doing so at his/her own risk.
- 3.4.4 Without prejudice to the generality of the above, Preventum is not involved in providing any healthcare or medical advice or diagnosis and hence is not responsible for any interactions between User and the Practitioner. User understands and agrees that Preventum will not be liable for:
- User interactions and associated issues User has with the Practitioner;
- the ability or intent of the Practitioner(s) or the lack of it, in fulfilling their obligations towards Users;
- any wrong medication or quality of treatment being given by the Practitioner(s), or any medical negligence on part of the Practitioner(s);
- inappropriate treatment, or similar difficulties or any type of inconvenience suffered by the User due to a failure on the part of the Practitioner to provide agreed Services;
- any misconduct or inappropriate behaviour by the Practitioner or the Practitioner’s staff;
- cancellation or no show by the Practitioner or rescheduling of booked appointment or any variation in the fees charged, provided these have been addressed to under, Practo Guarantee Program.
- 3.4.5 Users are allowed to provide feedback about their experiences with the Practitioner, however, the User shall ensure that, the same is provided in accordance with applicable law. User however understands that, Preventum shall not be obliged to act in such manner as may be required to give effect to the content of Users feedback, such as suggestions for delisting of a particular Practitioner from the Website.
- 3.4.6 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:
- User’s account will be temporarily disabled from booking further online appointments on Clinicamedica.in for next four (4) months, in case of, three(3) Valid PNS, as per the Patient-No-Show Policy. However, the User can continue to call the clinic via Clinicamedica.in to get an appointment.
- 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 Website using the Book Appointment facility , has not turned up for the appointment without cancelling, rescheduling, or informing the Practitioner in advance about the same. When Practitioner informs Preventum of the incident or marks a particular appointment as P.N.S. using the Preventum Ray software or Preventum Pro App within five (5) days 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 Clause 3.4.6(c), for not showing up, Preventum shall be entitled to take actions as under Clause 3.4.6 (a). However Users understand that, actions such as ones mentioned under Clause 3.4.6(a) are included as a deterrent to stop Users from misusing the Website, and the loss of business hours incurred by the Practitioner.
- Following instances, solely at the discretion of Preventum , would be construed as valid cases of PNS (“Valid PNS”), in which case the User shall be penalized as per Clause 3.4.6 (a):
- User does not reply within seven (7) days, with reasons to PNS Communication, from the date of receipt of such PNS Communication;
- In case User responds to the PNS Communication with below reasons:
- Forgot the appointment
- Chose to visit another Practitioner/consulted online;
- Busy with other work; or such other reasons (which Preventum at its discretion decides to be a valid reason to not show up).
- 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 Preventum , 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.
- Preventum reserves the right to make the final decision in case of a conflict. The total aggregate liability of Preventum with respect to any claims made herein shall be INR 200.
- 3.4.7 Cancellation and Refund Policy
- In the event that, the Practitioner with whom User has booked a paid appointment via the Website, has not been able to meet the User, User will need to write to us at support@Clinicamedica.in within five (5) days 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, without cancelling the appointment beforehand, the amount will not be refunded, and treated as under Clause 3.4.6. 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 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.
- 3.5NO DOCTOR-PATIENT RELATIONSHIP; NOT FOR EMERGENCY USE
- 3.5.1 Please note that some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, “Information”) that may be available on the Website (including information provided in direct response to your questions or postings) may be provided by individuals in the medical profession. The provision of such Information does not create a licensed medical professional/patient relationship, between Preventum 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.
- 3.5.2 It is hereby expressly clarified that, the Information that you obtain or receive from Preventum , 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.
- 3.5.3 The Services are not intended to be a substitute for getting in touch with emergency healthcare. If you are an End-User facing a medical emergency (either on your or a another person’s behalf), please contact an ambulance service or hospital directly.
- 3.6 CONSULT
- 3.7 PREVENTUM HEALTH FEED
These terms & conditions governing Preventum Health feed are applicable to Users (being both end-users/ Practitioner). However, it is clarified that the terms and conditions herein applicable only to Practitioners and applicable to Users are called out separately, as the context warrants.
- 3.7.1 Preventum Health feed is an online content platform available on the Website, wherein Practitioners who have created a Preventum profile can login and post health and wellness related content.
- 3.7.2 Practitioners can use Preventum 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 Preventum ’s servers. Preventum will make available to the User a gallery of images licensed by Preventum from a third party stock image provider (“Preventum Gallery”). The User can upload their own images or choose an image from the Preventum Gallery. Preventum does not provide any warranty as to the ownership of the intellectual property in the Preventum Gallery and the User acknowledges that the User will use the images from the Preventum Gallery at their own risk. Preventum shall post such Content to Preventum Health feed at its own option and subject to these Terms and Conditions. The Content uploaded via Preventum Health feed does not constitute medical advice and may not be construed as such by any person.
- 3.7.3 Practitioners acknowledges that they are the original authors and creators of any Content uploaded by them via Preventum Health feed and that no Content uploaded by them would constitute infringement of the intellectual property rights of any other person. Preventum 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 agrees to absolve Preventum from and indemnify Preventum against all claims that may arise as a result of any third party intellectual property right claim that may arise from the Practitioner’s uploading of any Content on the Preventum Health feed. The Practitioner may not use the images in the Preventum Gallery for any purpose other than those directly related to the creation and uploading of Content to Preventum Health feed. The Practitioner also agrees to absolve Preventum from and indemnify Preventum 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 Preventum Gallery for his/her personal or commercial gain.
- 3.7.4 Practitioner hereby assigns to Preventum , in perpetuity and worldwide, all intellectual property rights in any Content created by the User and uploaded by the User via Preventum Health feed.
- 3.7.5 Preventum shall have the right to edit or remove the Content and any comments in such manner as it may deem Preventum Health feed at any time.
- 3.7.6 Practitioner 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. Preventum 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 agrees to absolve Preventum from and indemnify Preventum 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 Preventum Health Feed.
- 3.7.7 Practitioner shall ensure that no portion of the Content is violative of any law for the time being in force.
- 3.7.8 Practitioner 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 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.
- 3.7.9 User may also use Preventum Health feed in order to view original content created by Practitioners and to create and upload comments on such Content, where allowed (“User Comment”).