Terms and Conditions
1. NATURE AND APPLICABILITY OF TERM
The Agreement applies to you whether you are –
- A patient, his/her representatives/ attendant/ relative/ friend or affiliates or
- A user of the Website or App.
This Agreement applies to all services made available by SSH on the Website or App.
This Agreement defines the terms and conditions under which you are allowed to use the Website and App and describes how we shall treat your account while you are registered as a member with us.
By downloading or accessing the Website to use the Services, you irrevocably accept all the terms and conditions stipulated in this Agreement and agree to abide by them fully.
We reserve the right to modify or terminate any portion of the Agreement for any reason and at any time.
You acknowledge that this Agreement will bound you 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 the use of the Website and the Services will be solely at the discretion of SSH. 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 thereunder, 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 SSH 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. END-USER ACCOUNT AND DATA PRIVACY
- SSH may collect information about the devices through which you access the Website, location from which you access, and anonymous data of your usage. The collected information will be used only to improve the Services’ quality and to build new services.
- The Website allows SSH to have access to users’ email or phone number, for communication and analytics.
- 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 SSH 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 various rights available to such Users in respect of such information.
- SSH shall not be responsible for the authenticity or correctness of the personal information or sensitive personal data or information supplied by the User.
- 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 authorized by the User. The User shall immediately notify SSH of any actual or suspected unauthorized use of the User’s account or password. Although SSH will not be liable for your losses caused by any unauthorized use of your account, you may be responsible for the damages of SSH or others due to such unauthorized use.
- If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes false, inaccurate, not current or incomplete), or SSH has reasonable grounds to suspect that such information is incorrect, inaccurate, not current or incomplete, SSH has the right to discontinue the Services to the User at its sole discretion.
- It is your responsibility to keep your correct mobile number and email ID updated on the Website. All reminders and notifications will be sent to the account associated with this mobile number and email ID. Every time you change any contact information (mobile or email), we will send a confirmation. SSH is not responsible for any loss or inconvenience caused due to your non-updation of your contact details
- SSH may use such information collected from Users from time to time to debug customer support related issues.
- You may be provided with a personal health record facility to add, modify, delete, and manage your health-related records and information.
4. LISTING CONTENT AND DISSEMINATING INFORMATION
- SSH 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. SSH takes reasonable efforts to ensure that such information is updated at frequent intervals.
- SSH does not provide or make any representation, warranty or guarantee, express or implied about the Website, or the Services. SSH does not guarantee the accuracy or completeness of any content or information provided by Users on the Website.
- The Website may be linked to the Website or third parties, affiliates, and business partners. SSH 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.
- SSH 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 App or the downloading of any material, data, text, images, video content, or audio content from the Website.
- If SSH determines through feedback or otherwise that you have provided fraudulent, inaccurate, incomplete or false information, SSH reserves the right to immediately suspend your access to the Website or any of your accounts with SSH and makes such declaration about suspension on the Website alongside your name as determined by SSH for the protection of its business and in the interests of Users. You shall be liable to indemnify SSH for any losses incurred due to your misrepresentations or fraudulent feedback that has adversely affected SSH, its Partners, or its Users.
5. BOOKING APPOINTMENTS, DIAGNOSTIC TESTS, ORDERING MEDICINES AND INTERACTION WITH MEDICAL SERVICE PROVIDERS
- SSH will try to ensure a confirmed appointment with a medical service provider (like doctor or diagnostic lab) for a User who requested an appointment on the Website. SSH does not guarantee that the User will get a confirmed appointment. Further, SSH has no liability if such an appointment is confirmed but later canceled, postponed, or rescheduled by the hospital or medical service provider, or the medical service provider is not available as per the given appointment time.
- You understand and agree that any interactions and associated issues with other Users, including but not limited to your health issues and your experiences is strictly between you and the other Users. You shall not hold SSH responsible for any such interactions and associated issues, and SSH will not be held responsible or liable for the same. If you decide to engage with a medical service provider to provide medical services to you, you do so at your own risk. We advise you to perform your investigation or get feedback before selecting a doctor or any other service provider available on the Website.
- Without prejudice to the generality of the above, SSH will not be liable for:
- any wrong medication or treatment quality being given by the doctor(s), the diagnostic service provider(s), pharmacy(s), or any medical negligence on the part of the any of the above;
- any type of inconvenience suffered by the User due to a failure on the part of the medical service provider including doctor to make himself/herself available at the appointed time, no show by the doctor, inappropriate treatment, or similar difficulties;
- cancellation or rescheduling of booked appointment or any variance in the fees charged;
- any medical eventualities that might occur subsequent to using the services of a doctor, diagnostic lab services, pharmacy, whom the User has selected on the basis of the information available on the Website or with whom the User has booked an appointment or performed a transaction through the Website.
- Further, SSH shall not be liable, under any event, for any comments or feedback given by any of the Users in relation to the services provided by another User. All such feedback should be made in accordance with applicable law. The option of Users to give feedback remains at SSH’s sole discretion and may be modified or withdrawn at its sole discretion. Fortis may moderate such feedback at any time.
6. ONLINE PAYMENT ON WEBSITE
- The Website provides you the ability to pay online through a third party payment gateway for some of the Services available on the Website.
- Cancellation and Refund Policy:
- The cancellation and refund policy is only applicable to all online payments made through mobile apps and Websites for booking appointments.
- In case a cancellation is initiated by end-user:
- Before Schedule Appointment, Time- 100% of Consultation Fees will be refunded. However, please note that convenience fees will not be refunded.
- After Scheduled Appointment, Time- neither Consultation Fees nor Convenience Fees will be refunded.
- In case Cancellation is initiated by relevant hospital due to unavailability of Doctor:
- 100% of consultation Fees and Convenience fees will be refunded to end-Users.
- At the time of Cancellation, the amount will be refunded via the same source of payment and will be subject to the payment terms of the source only. The amount will be refunded within seven working days.
7. NO DOCTOR-PATIENT RELATIONSHIP NOT FOR EMERGENCY USE
- 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 SSH 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.
- It is now expressly clarified that the information you obtain or receive from SSH and its employees, contractors, partners, sponsors, advertisers, licensors, or otherwise on the Website is only for informational purposes. In no event shall SSH be liable to you or anyone else for any decision made or action taken by you in reliance on such information.
- The Services are not intended to be a substitute for getting in touch with emergency healthcare. If you are a User facing a medical emergency (either on your or another person’s behalf), please contact an ambulance service, hospital, doctor, or appropriate medical professional directly.
8. CONTENT OWNERSHIP AND COPYRIGHT CONDITIONS OF ACCESS
- The contents listed on the Website are
- User-generated content, or
- Belong to SSH and its Partners.
- The information that is collected by SSH directly or indirectly from the Users shall belong to SSH and its Partners. Copying of the copyrighted content published by SSH on the Website for any commercial purpose or for the purpose of earning profit will be a violation of copyright, and SSH reserves their rights to take action under applicable law accordingly.
- SSH authorizes the User to view and access the content available on or from the Website solely for ordering, receiving, delivering, sharing, storing, and communicating only as per this Agreement. The contents of the Website, App, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement, and assembly of content on the Website, are the property of SSH and are protected under copyright, trademark, and other applicable laws. User shall not modify the SSH Content or reproduce, display, publicly perform, distribute, or otherwise use the SSH Content in any way for any public or commercial purpose or for personal gain.
- User shall not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
9. REVIEWS AND FEEDBACK
You are solely responsible for the content that you choose to submit for publication on the Website, including any feedback, ratings, or reviews (“Critical Content”). The role of SSH in publishing Critical Content is restricted to that of an ‘intermediary’ under the Information Technology Act, 2000. SSH 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. SSH shall not be liable to pay any consideration to any User for re-publishing any content across any of its platforms.
Your publication of reviews and feedback on the Website is governed by Clause 10 stated hereinafter. Without prejudice to the specific terms stated in Clause 10, 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. SSH, at its sole discretion, may choose not to publish your reviews and feedback, if so required by applicable law, and in accordance with Clause 5 of these Terms. You agree that SSH may contact you through telephone, email, SMS, or any other electronic means of communication for the purpose of:
- Obtaining feedback in relation to Website, or SSH’s services; and/or
- Receiving feedback in relation to any medical service providers on the Website; and/or
- Resolving any complaints, information, or queries by medical service providers regarding your Critical Content;
And you agree to provide your fullest co-operation further to such communication by SSH.
10. RIGHTS AND OBLIGATIONS RELATING TO CONTENT
- As mandated by Regulation 3(2) of the IG Rules, SSH hereby informs Users that they are not permitted to host, display, upload, modify, publish, transmit, update or share any information that:
- belongs to another person and to which the User does not have any right to;
- is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
- harm minors in any way;
- infringes any patent, trademark, copyright or other proprietary rights;
- violates any law for the time being in force;
- deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- impersonate another person;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
- threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting any other nation.
- Users are also prohibited from:
- violating or attempting to violate the integrity or security of the Website, or any SSH Content;
- transmitting any information (including job posts, messages, and hyperlinks) on or through the Website that is disruptive or competitive or prejudicial to the provision of Services by SSH;
- intentionally submitting any incomplete, false or inaccurate information;
- making any unsolicited communications to other Users;
- using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website;
- attempting to decipher, decompile, disassemble or reverse engineer any part of the Website;
- copying or duplicating in any manner any of the SSH Content or other information available from the Website
- framing or hotlinking or deep linking any SSH Content.
- SSH, upon obtaining knowledge by itself or been brought to actual experience by an affected person in writing or through email signed with electronic signature about any such information (as mentioned above) generated by Users, or on being notified by the appropriate Government or its agency that the Website is being used by the User to commit any unlawful act and/or is being used in violation of Clauses 10.a and 10.b above, shall be entitled to remove or disable access to the material or information that is in contravention of Clause 10. SSH is authorized to act, as required by the IG Rules, within thirty-six hours of obtaining such knowledge and, where applicable, work with Users to disable such information that is in contravention of applicable law. SSH shall also be entitled to preserve such information and associated records for at least 90 (ninety) days for production to governmental authorities for investigation purposes.
- SSH may disclose or transfer User-generated information to its affiliates or governmental authorities in such manner as permitted or required by applicable law, and you hereby consent to such transfer. SSH will comply with any duly-issued government or court directions to disable access to the User-generated information, should it be found to be illegal by a competent governmental authority.
11. INTELLECTUAL PROPERTY RIGHTS
- The contents of the Website are protected by intellectual property laws of India, including without limitation to trademark and copyright laws. Reproduction, retransmission, public and/or commercial use of any or all the material on the Website and App are prohibited. The logos, service marks, and trademarks (“IP Marks“) displayed on the Website are the property of SSH or have been licensed to SSH by the relevant owners for use. The User may use this material only as expressly authorized by SSH and shall not copy, transmit, or create derivative works of such material without express authorization from SSH.
- The User acknowledges and agrees that they shall not upload, post, reproduce or distribute any content on or through the Website that is protected by copyright or another proprietary right of a third party, without obtaining the permission of the owner of such right. Any copyrighted or other exclusive content distributed on or through the Website with the consent of the owner must contain the appropriate copyright or additional proprietary rights notice. The unauthorized submission or distribution of copyrighted or other proprietary content is illegal and could subject the User to personal liability or criminal prosecution. Nothing on the Website should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any trademarks without written permission from SSH.
- SSH reserves the right to suspend or terminate a User’s access to the Website and the Services with or without notice and to exercise any other remedy available under the law where:
- Such User breaches any terms and conditions of the Agreement;
- A third party reports a violation of any of its right as a result of your use of the Services;
- SSH is unable to verify or authenticate any information provide to SSH by a User;
- SSH has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on the part of such User; or
- SSH believes in its sole discretion that User’s actions may cause legal liability for such User, other Users, or for SSH or its Partners or are contrary to the interests of the Website.
- Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Website under the same account, a different account or re-register under a new account. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages, files, and other material kept on the Website by such User. The User shall ensure that he/she/it has continuous backup of any medical services the User has rendered in order to comply with the User’s record keeping process and practices.
13. DISCLAIMER OF WARRANTIES
- All information available on the Website (the “Information“) is provided on the condition that the User will make an independent determination in respect of its accuracy, completeness, or usefulness suitability prior to use or making any decision for any loss or damage in reliance hereof. SSH will not be responsible for the same. Further SSH and its Partners will not be responsible or liable in any manner for any data added, provided, stored, or managed by the User, including all personally identifiable information.
- The information does not constitute an invitation or recommendation to take medical services from SSH, nor is it a substitute for professional advice or solicitation in respect of medical services/ products or recommendation thereof. SSH urges the Users to seek the advice of professionals, as appropriate, regarding the evaluation of any specific opinion, advice, product, Service, or other information.
- All information on the Website is provided to you “as is” without warranty of any kind either express or implied including, but not limited to implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy. In no event shall SSH be liable for any special, direct, indirect or consequential damages or any damages whatsoever resulting from loss, whether in an action of contract, negligence or other tortuous action, arising out of or in connection with the use or performance of information. All information available on a hyper-link site and any third party are subject to the terms and conditions of the legal notices contained therein.
14. LIMITATION OF LIABILITY
- The information available on the Website could include inaccuracies or typographic errors. SSH has endeavored to ensure that all the information on the Website is correct, but SSH neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data or information contained. SSH makes no warranty, express or implied, concerning the Website or App and/or its contents and disclaims all warranties of fitness for a particular purpose and warranties of merchantability in respect of Services, including any liability, responsibility or any other claim, whatsoever, in respect of any loss, whether direct or consequential, to any user or any other person, arising out of or from the use of the information contained in the Website.
- In no event shall SSH be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from (a) the use or the inability to use the Services; (b) unauthorized access to or alteration of the User’s transmissions or data; (c) any other matter relating to the services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website. Neither shall the Company be responsible for the delay or inability to use the Website, Services or any related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Website, or otherwise arising out of the use of the Website, whether based on contract, tort, negligence, strict liability or otherwise. Further, SSH shall not be held responsible for non-availability or access to the Website during periodic maintenance operations or any unplanned suspension of access to the Website that may occur due to technical reasons or for any reason beyond SSH control. The User understands and agrees that any material and/or data downloaded or otherwise obtained through the Website is done entirely at his/her own discretion and risk and the User himself/herself will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data. These limitations, disclaimer of warranties and exclusions apply without regard to whether the damages arise from (a) breach of contract, (b) breach of warranty, (c) negligence, or (d) any other cause of action, to the extent such exclusion and limitations are not prohibited by applicable law.
User agrees to indemnify and hold harmless SSH, its affiliates, officers, directors, employees, consultants, licensors, agents, representatives and Partners from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and expenses) arising from User’s access to or use of Service, violation of this Agreement, or infringement, or infringement by any other User of his/her/its account, of any intellectual property or another right of any person or entity. SSH will notify you promptly of any such claim, loss, liability, or demand, and in addition to your foregoing obligations, you agree to provide us with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
16. APPLICABLE LAW AND DISPUTE SETTLEMENT
- You agree that this Agreement and any contractual obligation between the Company and User will be governed by the laws of India.
If any provision of the Agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from this Agreement and the remainder of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event, the Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.
No provision of this Agreement shall be deemed to be waived, and no breach excused unless such waiver or consent shall be in writing and signed by SSH. Any consent by SSH to, or a waiver by SSH for any violation by you, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.