Terms and Conditions
Effective date: [05/06/2022]
- GENERAL
- The Website www.zurihealthcare.com (hereinafter referred to as “Website/Application” or “App”), is owned by AD&MA Healthcare Private Limited (" Company” “we” “us”)
- These terms of service along with any amendments to the same, and (“Terms”, “Terms of Service”) govern your use and access of our website located at www.zurihealthcare.com and our mobile application (together or individually “Service(s)”) operated by the Company.
- For the purpose of these Terms of Service and wherever the context so requires “You” or “User” shall mean any natural or legal person who has agreed to become a user of the Website/Application, patient or doctor, by installing the Website/Application.
- Minors or people below 18 years old are not allowed to use our Services and any person below the age of 18 years availing the Services shall be deemed to have obtained parental consent to do so. The Company shall take reasonable efforts in order to validate such parental consent.
- Capitalized terms not defined here shall have the meaning ascribed to it in the Privacy Policy.
- The headings of each section in this Terms of Service are only for the purpose of organising the various provisions under this Terms of Service in an orderly manner. These headings shall not be used by either party to interpret the provisions contained with them in any manner. Further, the headings have no legal or contractual value.
- By using the Application/Website, You accept and agree to be bound by this Terms of Service, the Privacy Policy, as well as rules, guidelines, policies, terms, and conditions applicable to any service that is provided by this Website/Application, including the terms and polices on the Website that shall be deemed to be incorporated into this Terms of Service and shall be considered as part and parcel of this Terms of Service. Your use of Our Website/Application is evidence that You have read and agreed to be contractually bound by these Terms of Service and our Privacy Policy. Please read the terms carefully. The use of this Website/Application by You is governed by this policy and any policy so mentioned by terms of reference. If you do not agree with any of these terms, please discontinue using the Website/Application.
- We hold the sole right to modify the Terms of Service without prior
permission from You or providing notice to You. The relationship creates on You a duty
to periodically check the Terms of Service and stay updated on its requirements. If You
continue to use the Website/Application or avail of its services following such change,
it is deemed as consent by You to the so amended policies. Your continued use of the
Website/Application is conditioned upon your compliance with the Terms of Service,
including but not limited to compliance with the Terms of Service even after
alterations, if any.
- LICENSE TO USE
Subject to these Terms of Service, the Company hereby grants you the limited right to access, view and use our Services only for the purpose of availing our Services. Any rights not expressly granted to you herein are reserved to the Company. - RESTRICTIONS ON USE
To fully avail the Services of the Website/Application and use it, you must download the app from the ‘Google Playstore or Apple’s App Store and verify your phone number. Without limitation to the foregoing, in the event you are barred from undertaking legally binding obligations under the Indian Contract Act, 1872, or are for any reason, unable to provide ‘Consent’ as per the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011, you are not eligible to register for, use or avail the services available on the Website/Application. Without limiting any other provisions of these Terms, you may not use this Website/Application for any purpose that is unlawful or prohibited by these Terms and/or any applicable additional terms. Your access of this Website/Application may be terminated immediately, in our sole discretion, with or without notice, if you fail to comply with any provision of these Terms and/or additional terms, or for any other reason, or no reason. - INTERMEDIARY
- The App/Website is a platform that Patients and Practitioners utilize to meet and interact with one another for their transactions. We act as aggregators who display to the End User / Patients Practitioners best suited to your needs, based on the content provided to Us / updated on the Website / updated on the Website/Applications built on it, by Practitioners and End Users, including without limitation content relating to area of Practitioner area of specialization, expertise, experience, availability, and geographic location.
- However, should a User choose to proceed with a Practitioner displayed /
identified / listed by us, for any purpose whatsoever, including without limitation,
posing a question, seeking medical advisory service, exchanging Patient information,
charts, DICOM Images, seeking appointments, we are not a party to such interaction and
take no liability arising from such communication.
- COMMUNICATIONS
- By using the Website/Application, it is deemed that You have consented to receiving telephonic calls, SMSs, emails and/or other means of communication from us and other Users. Such communications shall be sent to You on the telephone number and/or email id provided by You for the use of this Website/Application which are subject to our Privacy Policy.
- In the event you use the Website/Application to book appointments with any Practitioner, we may send booking confirmation, cancellation, rescheduled appointments or any such other information relevant for the transaction, via SMS, app notifications, or by voice call on the contact number provided by You at the time of making the appointment.
- You agree and consent to receive all communications at the mobile number
provided, even if this mobile number is registered under DND/NCPR list under TRAI
regulations. And for that purpose, you further authorise Us to share/disclose the
information to any third party service provider or any affiliates, group companies,
their authorised agents or third party service providers. Notwithstanding your
registration with National Do Not Call Registry (In Fully or Partly blocked category
under National Customer Preference Register set up under Telecom Regulatory Authority of
India), you hereby express your interest and accord its willful consent to receive
communication (including commercial communication) in relation to company name. You
further confirm that any communication, as mentioned herein above, shall not be
construed as Unsolicited Commercial Communication under the TRAI guidelines and you have
specifically opted to receive communication in this regard on the telephone number
provided by you, the user. We will be making calls and sending SMS through a third-party
platform.
- PRACTITIONER(S) DISPLAY
- The Company collects, directly or indirectly, and displays on the Website/Application relevant information regarding the profile and practice of the Practitioners listed on the Website/Application/, such as their specialization, qualification, area of practice, experience, fees, location, visiting hours, and similar details. Although we take reasonable efforts to ensure that such information is accurate and updated at frequent intervals, we cannot be held liable for any inaccuracies or incompleteness represented on the Website/Application pertaining to Practitioner content.
- It is hereby expressly clarified that, the Information that you obtain or receive from the Company, is for informational and User’s personal 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 pertaining to the Practitioners 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. COMPANY IS NOT MEANT TO BE A SUBSTITUTE FOR EMERGENCY MEDICAL CARE.
- DISCLAIMERS
- Company does not support any Practitioners displayed / made available through the Website/Application.
- Company assumes no liability for the repercussions of using the Website/Application for the purpose of transmitting User’s medical / personal data to any other User, including without limitation, loss of data, failure to boot, or other errors in the working of the device on to which the Website/Application has been downloaded.
- www.zurihealthcare.com is an Website used by Practitioners to promote their Services. By using www.zurihealthcare.com, the User understands and accepts that the Company does not endorse any Practitioner’s services.
- Company hereby disclaims any responsibility towards Users in terms of development, maintenance and updating of the Website/Application.
- Any modification, development, maintenance or updating of the Website/Application and any modification, transfer, license or assignment of the rights in the Website/Application shall be done by the Company as per its sole judgment and in its sole discretion.
- The Website/Application and Services provided by the Company is provided “as-is,” as available, 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). To the fullest extent permitted by law, the Company disclaims all liability arising out of the User’s use or reliance upon the Website/Application, the Services, the content, representations and warranties made by the Company or any opinion or suggestion given or expressed by the Company or its contractors and agents (including Practitioners).
- Specifically, the Company disclaims any liability arising out of:
- Any pre-existing medical condition; or
- Any adverse drug reaction (due to any act or omission based on information found on the Website/Application, or otherwise); or
- Sudden escalation of a prior medical condition or medical situations that occur on account of omission of critical and material health information by a User; or
- any representation and/or warranty for the security, reliability, quality, timeliness, and performance of: (i) the Website/Application and its features; (ii) Practitioner information on the Website/Application; (iii) any service information, content or advice available on or received through the Website/Application (iv) access to or alteration of user content or Company content (v) transmissions or data and (vi) any other matter relating to the Website/Application and / or services.
- You agree that the open and real-time nature of the platform make it impossible for the Company to vouch for the validity, authenticity and honesty of user content. The Company is not responsible for any user content on the Website/Application, or for the consequences of you reading or relying on such content.
- Company does not provide any guarantee and shall not be held liable or responsible for the failure to send any communication, notification or reminder to you whether as a feature of the Website/Application or not.
- Company shall not be responsible or liable for any breach or loss of data including personal information caused due to events beyond the control of the Company and/or its employees, directors, officers etc. due to technical reasons or third party actions.
- You understand that there are inherent risks involved in receiving medical services over a mobile/computer platform, which include:
- Information transmitted may not be sufficient (e.g., poor resolution of images) to allow for appropriate medical decision making by a Practitioner;
- Your Practitioner may neither be able to provide medical treatment to You nor provide for or arrange for care that You may require in the case of an emergency;
- Delays in medical evaluation and treatment could occur due to deficiencies or failures of the Website/Application;
- Security protocols could fail, causing a breach of privacy of Your confidential medical information.
- A lack of access to complete medical records may result in errors in medical judgment.
- User may expect the anticipated benefits from the Services provided by the
Company, Practitioners and its authorized representatives, but no results can be
guaranteed. User’s condition may not be cured or improved, and in some cases, may get
worse.
- ONLINE CONSULTATIONS
- You are advised not to use online consultation services in case of any
medical emergencies like accidents, bleeding injuries, burns, sexual abuse/assault,
medicolegal cases or if You are in a critical condition. The Services are not a
replacement for emergency services offered at hospitals and should not be accessed if
the patient is in a critical condition. In Medical Emergency (defined hereunder),
please contact emergency services and/or rush to the nearest hospital.
“Medical Emergency” will include a serious and unexpected situation that may involve illness or injury and requiring immediate medical attention in the absence of which, possess an imminent threat/risk to life and can potentially lead to death in the absence of the medical attention. - Online consultation services are provided at the express consent by the User and the same shall not be construed as a replacement for physical consultation and the Services are meant for general consultation only. If after online consultation, if it is recommended to undergo any diagnostic tests or if You are issued with a prescription, the same are provided based on the information and preliminary examination, hence the same shall not be treated as accurate, final and conclusive.
- Practitioners reserve their rights to modify the prescription or recommended
diagnostic tests if the User provides any additional information in future consultation.
Users shall ensure that any interaction/communication with the Practitioners, including
sharing images or videos of the body parts, shall be only through the
Website/Application. The Users shall not rely on any other external modes of
communication for interacting/communicating with the Practitioners.
- You are advised not to use online consultation services in case of any
medical emergencies like accidents, bleeding injuries, burns, sexual abuse/assault,
medicolegal cases or if You are in a critical condition. The Services are not a
replacement for emergency services offered at hospitals and should not be accessed if
the patient is in a critical condition. In Medical Emergency (defined hereunder),
please contact emergency services and/or rush to the nearest hospital.
- LIMITATION OF LIABILITY
- To the fullest extent permitted by law, in no event will the Company or its
contractors or agents (including Practitioners) or any of their directors, officers,
employees, agents or content or service providers (collectively, the “Protected
Entities”) be liable for any direct, indirect, special, incidental, punitive,
exemplary or consequential damages (including, without limitation, loss of business,
revenue, profits, goodwill) arising from, or directly or indirectly related to, the use
of, reliance on, or the inability to use or rely on, the Website/Application or the
Services, materials and functions related thereto whether or not the Protected Entities
has been warned of the possibility of such damages or could have reasonably foreseen
such damages. Notwithstanding anything to the contrary in this Terms of Service, in no
event shall the total aggregate liability of the Protected Entities to a User for all
damages, losses, and causes of action (whether in contract or tort, including, but not
limited to, negligence or otherwise) arising from the terms and conditions or a User’s
use of the Website/Application exceed, in the aggregate, INR 50,000/- or the amount of
payment against Services that has been directly received by the Company from the User in
the past 3(three) months, whichever is lower.
- To the fullest extent permitted by law, in no event will the Company or its
contractors or agents (including Practitioners) or any of their directors, officers,
employees, agents or content or service providers (collectively, the “Protected
Entities”) be liable for any direct, indirect, special, incidental, punitive,
exemplary or consequential damages (including, without limitation, loss of business,
revenue, profits, goodwill) arising from, or directly or indirectly related to, the use
of, reliance on, or the inability to use or rely on, the Website/Application or the
Services, materials and functions related thereto whether or not the Protected Entities
has been warned of the possibility of such damages or could have reasonably foreseen
such damages. Notwithstanding anything to the contrary in this Terms of Service, in no
event shall the total aggregate liability of the Protected Entities to a User for all
damages, losses, and causes of action (whether in contract or tort, including, but not
limited to, negligence or otherwise) arising from the terms and conditions or a User’s
use of the Website/Application exceed, in the aggregate, INR 50,000/- or the amount of
payment against Services that has been directly received by the Company from the User in
the past 3(three) months, whichever is lower.
- INDEMNIFICATION
- You hereby agree to indemnify, defend, and hold the Company and its
employees, directors, officers, contractors, agents, representatives and other
authorized users (registered and non-registered Users, Patients, Practitioners), and
each of the foregoing entities’ respective contractors, agents, representatives, service
providers and suppliers, and all of the foregoing entities’ respective officers,
directors, owners, employees, agents, representatives, harmless from and against any and
all healthcare issues, complications, losses, damages, liabilities and costs arising
from: (i) Your use of the Website/Application or Service; (ii) Your breach of terms,
conditions or provisions of this Terms of Service, or violation of any law, rules or
regulations by the User, or due to such other actions, omissions or commissions of the
User that gave rise to the claim; (iii) any negligent or intentional wrongdoing on Your
part; (vi) misrepresentations or fraudulent feedback that has adversely affected the
Company or its Users; (v) User’s actions resulting from the User’s viewing of content on
the Website/Application; (vi) any legal or third party intellectual property right claim
that may arise from the User content; and (vii) any such claim or liability arising out
of unauthorized use of Website/Application and content within the
Website/Application.
- You hereby agree to indemnify, defend, and hold the Company and its
employees, directors, officers, contractors, agents, representatives and other
authorized users (registered and non-registered Users, Patients, Practitioners), and
each of the foregoing entities’ respective contractors, agents, representatives, service
providers and suppliers, and all of the foregoing entities’ respective officers,
directors, owners, employees, agents, representatives, harmless from and against any and
all healthcare issues, complications, losses, damages, liabilities and costs arising
from: (i) Your use of the Website/Application or Service; (ii) Your breach of terms,
conditions or provisions of this Terms of Service, or violation of any law, rules or
regulations by the User, or due to such other actions, omissions or commissions of the
User that gave rise to the claim; (iii) any negligent or intentional wrongdoing on Your
part; (vi) misrepresentations or fraudulent feedback that has adversely affected the
Company or its Users; (v) User’s actions resulting from the User’s viewing of content on
the Website/Application; (vi) any legal or third party intellectual property right claim
that may arise from the User content; and (vii) any such claim or liability arising out
of unauthorized use of Website/Application and content within the
Website/Application.
- USER’S OBLIGATIONS
- The User undertakes to fulfil the following obligations. Failure to satisfy
any of these obligations gives Us the right to permanently suspend Your account and/or
claim damages for any losses that accrue to Us or additional costs that may be imposed
on us.
- You hereby certify that you are a woman of at least 18 (Eighteen) years of age. Suitable legal course will be followed if these conditions are violated. You agree to comply with all local laws and regulations governing the downloading, installation and/or use of the Website/Application, including, without limitation, any usage rules set forth in this Terms of Service. Where a minor may access or use the Website/Application or Service, You will ensure that such access or use happens through Your account and under Your personal supervision;
- Further, You accept to be accountable and liable for the activity of the minor on the Website/Application, including in respect of the Services availed on the Website/Application;
- All registration information You submit is truthful and accurate and that You agree to maintain the accuracy of such information; and
- You will use the Website/Application solely for Your personal and non-commercial use. Any use of this Website/Application or its content other than for personal purposes is strictly prohibited. The results of any search Users perform on the Website/Application for Practitioners should not be construed as an endorsement by Company 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.
- Without prejudice to the generality of the above, the Company 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 the Company 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 shall be undertaken as per these Terms.
- 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, the Company 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. Notwithstanding anything contained herein, the Company is not in any manner responsible for any drug/medicines prescribed or the therapy prescribed by the Practitioner.
- You undertake not to:
- Cut, copy, distribute, modify, recreate, reverse engineer, distribute, post, publish or create derivative works from, transfer, or sell any information or software obtained from the Website/Application. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website/Application is not permitted. Should You want to engage in one or more such actions, prior permission from Us must be obtained.
- access (or attempt to access) the Website/Application and/or the materials or Services by any means other than through the interface that is provided by the Website/Application. The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website/Application or content, or in any way reproduce or circumvent the navigational structure or presentation of the Website/Application, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website/Application is prohibited.
- use the Website/Application in any manner that may impair, overburden, damage, disable or otherwise compromise the Services.
- use the User information made available through Zuri to further any unlawful purposes or to conduct any unlawful activity, including, but not limited to, fraud, embezzlement, money laundering or identity theft.
- use the User information made available through the Website/Application to abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;
- engage in any activity that interferes with or disrupts access to the Website/Application or the Services (or the servers and networks which are connected to the Website/Application);
- probe, scan or test the vulnerability of the Website/Application or any network connected to the Website/Application, nor breach the security or authentication measures on the Website/Application or any network connected to the Website/Application. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website/Application, or exploit the Website/Application or Service or information made available or offered by or through the Website/Application, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website/Application;
- disrupt or interfere with the security of, or otherwise cause harm to, the Website/Application, systems resources, servers or networks connected to or accessible through the Website/Applications or any affiliated or linked Website/Applications;
- violate any applicable laws or regulations for the time being in force within or outside India;
- violate any code of conduct or other guidelines, which may be
applicable for or to any particular Service.
- The User undertakes to fulfil the following obligations. Failure to satisfy
any of these obligations gives Us the right to permanently suspend Your account and/or
claim damages for any losses that accrue to Us or additional costs that may be imposed
on us.
- UPDATES
- From time to time, the Website/Application may automatically check the version of the Website/Application installed on the Device and, if applicable, provide updates for the Website/Application (hereinafter referred to as “Updates”).
- Updates may contain, without limitation, bug fixes, patches, enhanced
functionality, plug-ins and new versions of the Website/Application. By installing the
Website/Application, You authorize the automatic download and installation of Updates
and agree to download and install Updates manually if necessary. Your use of the
Website/Application and Updates shall be governed by this Terms of Service (as amended
by any terms and conditions that may be provided with Updates).
- REFUNDS, CANCELLATIONS, DISPUTES AND CHARGEBACKS
- No cancellation or refunds are permitted by the Company.
- In exceptional cases, User may submit a claim for a refund for a purchase by
emailing info@zurihealthcare.com
and providing a clear and specific reason for the refund request and the exact terms
that have been violated. Whether a refund will be provided will be determined by Company
in its sole discretion. Refund requests must be submitted within 30 days of
purchase.
- INTELLECTUAL PROPERTY
- Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of the Company and its licensors. Service is protected by copyright, trademark, and other laws of India. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
- Subject to the license granted to the user as provided in these Terms, all
intellectual property rights are reserved. The user shall not:
- sell, rent or sub-license material from the Services;
- reproduce, duplicate, copy or otherwise exploit material from our Services;
- edit, reverse engineer or otherwise modify our Services in any manner;
- redistribute material from our Services without express written consent from the Company;
- broadcast or otherwise show any material from our Services to the
public.
- COPYRIGHT
- All information, content (including health articles and real health stories), services and software displayed on, transmitted through, or used in connection with the Website/Application, including for example text, photographs, images, illustrations, audio clips, video, html, source and object code, trademarks, logos, and the like (collectively and hereinafter referred to as the “App/Website Content”), as well as its selection and arrangement, is owned by Us. You may use the App/Website Content only through the Website/Application, and solely for your personal, non-commercial use.
- You may not, republish any portion of the App/Website Content on any
Internet, Intranet or extranet site or incorporate the App/Website Content in any
database, compilation, archive or cache. You may not distribute any App/Website Content
to others, whether or not for payment or other consideration, and you may not modify,
copy, frame, cache, reproduce, sell, publish, transmit, display or otherwise use any
portion of the App/Website Content. You may not scrape or otherwise copy the App/Website
Content without permission. You agree not to decompile, reverse engineer or disassemble
any software or other products or processes accessible through the Website/Application;
not to insert any code or product or manipulate the content of the Website/Application
in any way that affects the user’s experience, and not to use any data mining, data
gathering or extraction method.
- CONTENT
- All medical content provided by Us on the website or App is provided for
informational purposes only and is not intended as medical advice or as a substitute for
medical advice given by a physician or trained professional. All content is owned by Us
and cannot be reproduced in any manner without our explicit written
permission.
- All medical content provided by Us on the website or App is provided for
informational purposes only and is not intended as medical advice or as a substitute for
medical advice given by a physician or trained professional. All content is owned by Us
and cannot be reproduced in any manner without our explicit written
permission.
- PROVIDER TERMS & CONDITIONS
- The Company aspires to build a trusted network of providers who deliver the highest quality of care for patients. Below, We have highlighted guidelines and terms & conditions for Providers that will help the Company transform health care for Indian women, together.
- For purpose of this Terms of Service, “Provider” or “Practitioner” means any healthcare provider or professional, including but not limited to doctor, therapist, counsellor, nutritionist, dermatologist, nurses and other medical professionals.
- Guidelines for Provider Protocol
- The Providers/ Practitioners affirm that they will:
- be compassionate and kind to our patients at all times;
- maintain highest standards of patient confidentiality;
- discuss the patient’s concerns & conditions only with them & not with a family member instead of them, unless absolutely necessary;
- not share personal, non-medical opinions or judgments on a patient’s questions or issues;
- maintain a progressive outlook towards a patient’s health care needs and condition;
- rely purely on medical science to diagnose, suggest or prescribe any path for the patient;
- to the best of our abilities, will not guess about the patient’s condition – further examination, including in-person consultations, should be required if there is substantial doubt about their condition;
- diligently maintain sufficiently detailed notes on patient’s
history and concerns – this helps the Company take care of the patient’s
longer term, holistic health.
- Providers shall ensure that at all times they shall abide by the
above set guidelines, including without limitation, as follows:
- The Provider is and shall be duly registered, licensed and qualified to practice medicine/ provide health care, wellness services, as per applicable laws/regulations/guidelines set out by competent authorities and the Practitioner shall not be part of any arrangement which will prohibit him/her from practicing medicine within the territory of India. The Practitioner shall at all times ensure that all the applicable laws that govern the Practitioner shall be followed and utmost care shall be taken in terms of the consultation/ services being rendered.
- Provider shall ensure that, the consultation online is treated as an in-clinic consultation, and provide advice to the best of Providers’ knowledge.
- Provider shall make full effort to be available for the appointment that a Patient booked with them in advance. If they are unable to make this time, they will let the Company and the customer know at least 2 (two) hours in advance of the consultation to reschedule the appointment.
- If Provider would like to prescribe drug/medicine to the Patient, the Provider shall upload the prescription written on their letterhead, take a picture and upload it in .jpeg/ or PDF and such other format possible in the consultation window, or through any valid digital prescription. Providers may also choose to provide e-prescriptions to the Patients. However, each time the Provider creates an e-prescription, the Provider will be required to confirm the e-prescription with their electronic signature explicitly or implicitly by clicking on the signature option made available or any other form of opt-in methods as provided therein. The Provider hereby agrees and covenants to be responsible and liable for the content of e-prescription and the authenticity of his signature signed electronically. In addition to any indemnity warranties provided else-where in the Terms of Service, the Provider hereby agrees to hold the Company, its officers, employees, agents and affiliates harmless from and any claims, damages, losses or penalties arising out of any third party claims in connection with the validity of the e-prescription, its content and/or electronic signature.
- Where the Provider learns that a physical consultation is mandatory for accurate diagnosis and resolution of the case based on information prior to the appointment, the Provider shall be required to cancel the consultation and the consultation fee will be refunded back to the Patient.
- If the Provider’s performance on the Website/Application, is not compliant with the expected guidelines or the Provider is found to be misusing the Website/Application, the Provider may result in losing the privilege of using the Website/Application.
- Providers are liable for all advice provided to Patients in the same way as in-person consultations.
- The Provider shall promptly reply to the Patient after receiving Patient’s communication. In case of non-compliance with regard to adhering to the applicable laws/rules/regulations/guidelines by the Provider, the Company shall have the right to replace such Providers for the purpose of consultation to the Patient or remove such Providers from the Website/Application/site.
- Patient-facing payment, pricing & bookings structure will be regularly updated at the sole discretion of the Company. However, Providers will be notified in case any Provider fees need to be changed at any point.
- The Provider understands and agrees that, the Company shall at its sole discretion, at any time be entitled to, show other Providers available for consultation.
- The Provider further understands that, there is a responsibility on the Provider to treat the Patient, as the Provider would have otherwise treated the Patient on a physical one-on-one consultation model.
- The Provider has the discretion to cancel any consultation at any point in time in cases where the Provider feels, it is beyond his/her expertise or his/her capacity to treat the Patient. In such cases, it may trigger a refund to the Patient and the Patient has the option of choosing other Providers. However, it is strongly recommended that the Provider advise the Patient and explain appropriately for next steps.
- The Provider shall at all times ensure that all the applicable laws that govern the Provider shall be followed and utmost care shall be taken in terms of the consultation being rendered.
- The Provider acknowledges that should the Company find the Provider to be in violation of any of the applicable laws/rules/ regulations/guidelines set out by the authorities then the Company shall be entitled to cancel the consultation with such Provider or take such other legal action as may be required.
- The payment gateway option is being provided to the Patients to make payment easier. In case wrong bank account details are provided by Provider, the Company will not be responsible for loss of money, if any. In case of there being any technical failure, at the time of transaction and there is a problem in making payment, you could contact the Company through email at: admin@zurihealthcare.com.
- It is further understood by the Provider that the information that is disclosed by the Patient at the time of consultation is personal information and is subject to all applicable privacy laws, shall be confidential in nature and subject to Patient and Provider privilege.
- The Provider understands that when a Patient books a time-slot with the Provider for online consultation, the Provider must comply with the time slot to the best of their availability. In case of delay, the doctor must notify Patient to their best possible ability.
- The Provider understands that the Company makes no promise or guarantee for any uninterrupted communication and the Provider shall not hold the Company liable, if for any reason the communication is not delivered to the Patient(s), or are delivered late or not accessed, despite the efforts undertaken by the Company.
- It shall be the responsibility of the Provider to ensure that the information provided by Patient is accurate and not incomplete and understand that the Company shall not be liable for any errors in the information included in any communication between the Provider and Patient.
- The Provider shall indemnify and hold harmless the Company and its affiliates, subsidiaries, directors, officers, employees and agents from and against any and all claims, proceedings, penalties, damages, loss, liability, actions, costs and expenses (including but not limited to court fees and attorney fees) arising due to the services provided by Provider, violation of any law, rules or regulations by the Provider or due to such other actions, omissions or commissions of the Provider that gave rise to the claim.
- Notwithstanding anything contained herein, the Company is not in any manner responsible for any drug/medicines prescribed or the therapy prescribed by the Practitioner.
- In the event the Practitioner learns about physical abuse, sexual misconduct and assault (especially in minors), or User self-harm (suicide: planned, attempted or completed), the Practitioner agrees to report such events to the Company via the email: admin@zurihealthcare.com immediately.
- The Practitioner is not allowed to use any other platform other than the Website/Application for the purpose of interacting/communicating with the User and any attempt by the Practitioner to interact with the Users through any other external means of communication will amount to violation of this Terms of Service by the Practitioner.
- Online consultation is intended for general purposes only and is not meant to be used in emergencies/serious illnesses requiring physical consultation. Further, if the Practitioner adjudges that a physical examination would be required and advises ‘in-person consultation’, it is the sole responsibility of the User, to book an appointment for physical examination and in-person consultation whether the same is with the Practitioner listed on the Website or otherwise. In case of any negligence on the part of the User in acting on the same and the condition of the User deteriorates, the Company shall not be held liable.
- Practitioner Undertaking
The Practitioner is and shall be duly registered, licensed and qualified to practice medicine/ provide health care, wellness services, as per applicable laws/regulations/guidelines set out by competent authorities and the Practitioner shall not be part of any arrangement which will prohibit him/her from practicing medicine within the territory of India. The Practitioner shall at all times ensure that all the applicable laws that govern the Practitioner shall be followed and utmost care shall be taken in terms of the consultation/ services being rendered. - Usage in Promotional Materials
In recognition of the various offerings and services provided by the Company to Practitioner, Practitioner shall (subject to its reasonable right to review and approve): (a) allow the Company to include a brief description of the services provided to Practitioner in the Company’s marketing, promotional and advertising materials; (b) allow the Company to make reference to Practitioner in case studies, and related marketing materials; (c) serve as a reference to the Company’s existing and potential clients; (d) provide video logs, testimonials, e-mailers, banners, interviews to the news media and provide quotes for press releases; (e) make presentations at conferences; and/or (f) use the Practitioner’s name and/or logo, brand images, tag lines etc., within product literature, e-mailers, press releases, social media and other advertising, marketing and promotional materials.
- The Providers/ Practitioners affirm that they will:
- GOVERNING
LAW AND DISPUTE RESOLUTION
- This Agreement shall be governed by and construed in accordance with the Laws of India without reference to its conflict of laws principles. Subject to Clause 18.2 below, the courts in Mumbai, India shall have exclusive jurisdiction over all matters arising pursuant to this Agreement.
- If any dispute or difference arises between any of the Parties hereto during
the subsistence of this Agreement or thereafter, in connection with the validity,
interpretation, implementation or alleged material breach of any provision of this
Agreement or regarding any question, including the question as to whether the
termination of this Agreement by any Party hereto has been legitimate, the Parties
hereto shall be resolved by binding arbitration, by a single arbitrator, as mutually
appointed by the disputing parties, in accordance with the Arbitration and Conciliation
Act, 1996. The venue for arbitration shall be [Mumbai], [India], and the language of the
arbitration shall be English.
- WEBSITE TERMS
By downloading and / or using this Website/Application, you hereby agree to be bound by the Terms of Use / Service, Privacy Policy, and other policies as set forth on the website www.zurihealthcare.com. It is hereby further specified that all the Terms and Policies on the Website shall be coterminous to these terms. - CONTACT US
Please send your feedback, comments, requests for technical support:
By email: info@zurihealthcare.com.
By visiting this page on our website: www.zurihealthcare.com.
By phone number: 8208836745.
We use cookies to provide you with our services at its optimum. To find out more about our use of cookies, please see our Privacy Policys. By continuing to browse our website, you agree to our use of cookies.