HopeQure Wellness Solutions Private Limited (“HopeQure”) is the author and publisher of the
internet resource www.HopeQure.com and the mobile application ‘HopeQure’ (together termed as
the “Website”). HopeQure owns and operates the services provided through the Website.
1. NATURE AND APPLICABILITY OF TERMS
Please carefully go through these terms and conditions (herein after referred to as the
“Terms”) and the privacy policy available at
https://www.HopeQure.com/privacy (hereinafter
referred to as the “Privacy
Policy”) before you decide to access the Website or avail the services made
available on the
Website by HopeQure. These Terms and the Privacy Policy together constitute a legal
agreement (hereinafter referred to as the “Agreement”) between you and HopeQure in
connection with your visit to the Website and your use of the Services as elucidated below.
The Agreement applies to you whether you are -
A medical practitioner or health care provider (whether as an individual professional or an
organisation) or similar institution wishing to be listed, or already listed, on the
Website, including
designated, authorised associates of such practitioners or institutions ( hereinafter
referred to as
“Practitioner(s)”, “you” or “User”); or
A patient, his/her representatives or affiliates, searching for Practitioners through the
Website (hereinafter referred to as “End-User”, “you” or “User”); or
Otherwise a user of the Website (hereinafter referred to as “you” or “User”).
This Agreement applies to those services made available by HopeQure on the Website, which
are
offered free of charge to the Users for “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 HopeQure, and
(iii) to make appointments with Practitioners.
The Services may change from time to time, at the sole discretion of HopeQure, and the
Agreement
will apply to your visit 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 time.
This Agreement defines the terms and conditions under which you are allowed to use the
Website
and describes the manner in which we shall treat your account while you are registered as a
member
with us. If you have any questions about any part of the Agreement, feel free to contact us
at
support@HopeQure.com.
By downloading or accessing the Website to use the Services, you irrevocably accept all the
conditions stipulated in this Agreement, the Subscription Terms of Service and Privacy
Policy , as
available on the Website, and agree to abide by them. This Agreement supersedes all previous
oral
and written terms and conditions (if any) communicated to you relating to your use of the
Website
to avail the Services. By availing any Service, you signify your acceptance of the terms of
this
Agreement.
We reserve the right to modify or terminate any portion of the Agreement for any reason and
at any
time, 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. After accepting the Terms provided herein below, you would be bound by the
Terms.
Your access to use of the Website and the Services will be solely at the discretion of
HopeQure.
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 HopeQure 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. As HopeQure also provides services for minors, it is
mandatory for
the Guardian to register with the HopeQure in their own name and then a minor can avail our
service. Provided, the minor is accompanied by the Guardian at all times while using our
services.
3.TERMS OF USE APPLICABLE TO ALL USERS OTHER THAN PRACTITIONERS:
The terms in this Clause are applicable only to Users other than Practitioners.
3.1 END-USER ACCOUNT AND DATA PRIVACY
3.1.1 The terms “personal information” and “sensitive personal data or information” are
defined
under the SPI Rules, and are reproduced in the Privacy Policy.
3.1.2 HopeQure 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 HopeQure’s services and to help in venturing into new services.
3.1.3 The Website allows HopeQure 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.
3.1.4 The Privacy Policy sets out, inter-alia:
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 HopeQure will disclose such information; and,
Other information mandated by the SPI Rules.
3.1.5 The User is expected to read and understand the Privacy Policy, so as to ensure that
he or she
has the knowledge of, inter-alia:
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 HopeQure 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 HopeQure or to
any
other person acting on behalf of HopeQure.
3.1.7 The User is responsible for maintaining the confidentiality of its own 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 authorised by the User. The
User
shall immediately notify HopeQure of any actual or suspected unauthorised use of the User’s
account or password. Although HopeQure will not be liable for your losses caused by any
unauthorised use of your account, you may be liable for the losses of HopeQure or such other
parties as the case may be, due to any unauthorised 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 HopeQure has reasonable grounds
to
suspect that such information is untrue, inaccurate, not current or incomplete, HopeQure has
the
right to discontinue the Services to the User at its sole discretion.
3.1.9 HopeQure may use such information collected from the Users from time to time for the
purposes of debugging customer support related issues.
3.1.10 Against every Practitioner listed in HopeQure.com, you may see a ‘show number’
option.
When you choose this option, you choose to call the number through a free telephony service
provided by HopeQure, and such calls are recorded and stored in HopeQure’s servers. Such
records
are dealt with only in accordance with the terms of the Privacy Policy. Such call facility
provided to
you by HopeQure should be used only for appointment and booking purposes, and not for
consultation on health-related issues. HopeQure accepts no liability if the call facility is
not used in
accordance with the foregoing.
3.2 RELEVANCE ALGORITHM:
HopeQure’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 HopeQure. HopeQure 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. HopeQure 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 HopeQure 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
specialisation, qualification, fees, location, visiting hours, and similar details. HopeQure
takes
reasonable efforts to ensure that such information is updated at frequent intervals.
Although
HopeQure 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 HopeQure 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). HopeQure doesn't provide or make any representation, warranty or guarantee,
express or
implied about the Website or the Services. HopeQure 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, HopeQure 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 HopeQure 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.
HopeQure 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 HopeQure endorses the linked site. User may use the links
and
these services at User’s own risk.
3.3.4 HopeQure 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, the User may contact HopeQure in
regards to
their Query and we at HopeQure would try our level best to resolve it expeditiously.
3.3.5 If HopeQure determines that you have provided fraudulent, inaccurate, or incomplete
information, including through feedback, HopeQure reserves the right to immediately suspend
your
access to the Website or any of your accounts with HopeQure and makes such declaration on
the
website alongside your name/your clinic’s name as determined by HopeQure for the protection
of
its business and in the interests of Users. You shall be liable to indemnify HopeQure for
any losses
incurred as a result of your misrepresentations or fraudulent feedback that has adversely
affected
HopeQure or its Users.
3.4 BOOK APPOINTMENT AND CALL FACILITY :
HopeQure enables its Users to connect
with Practitioners through two methods: a) Book facility that allows Users to book an
appointment
through the Website; b) Value added telephonic services which connect Users directly to the
Practitioner through the number provided on the Website.
3.4.1 HopeQure will ensure Users are provided with confirmed appointment on the Book
facility.
However, HopeQure 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 HopeQure Guarantee Program , in which case the terms of this program shall
apply.
3.4.2 If a User has utilised the telephonic services, HopeQure reserves the right to share
the
information provided by the User with the Practitioner and store such information and/or
conversation of the User with the Practitioner, in accordance with our Privacy Policy .
3.4.3 The results of any search Users perform on the Website for Practitioners should not be
construed as an endorsement by HopeQure 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, HopeQure 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 HopeQure 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, HopeQure 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, HopeQure 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:
(a)User’s account will be temporarily disabled from booking further online appointments on
HopeQure.com 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 HopeQure.com to get an
appointment.
(b)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 HopeQure of the incident
or
marks a particular appointment as P.N.S. using the HopeQure Ray software or HopeQure 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, HopeQure
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.
(c)Following instances, solely at the discretion of HopeQure, 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 HopeQure at its discretion decides to be
a valid
reason to not show up).
(d)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 HopeQure, 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.
HopeQure reserves the right to make the final decision in case of a conflict. The total
aggregate
liability of HopeQure 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 Practitioner, User will need to write to us at
support@HopeQure.com
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(?)
3.5 NO 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 termed as “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 HopeQure 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
HopeQure, 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.
3.5.3The 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 another person’s
behalf),
please contact an ambulance service or hospital directly.
3.6 HopeQure CONSULT:
3.6.1 Definition: HopeQure’s Consult is a feature owned and provided by HopeQure that
allows
Users & Practitioners to communicate, either on unpaid mode or on paid mode, depending
on the
option chosen by the User. Further, Users may access this feature on HopeQure’s platform to
get
assigned, for the purposes of consultation, to a Practitioner whereby such Practitioners
are, by
default, assigned through the system’s algorithm/software-program that finds the most
available and
accepting Practitioner or Users may choose Practitioners of choice through the search
options made
available on HopeQure’s Website. The scope of this feature as detailed herein is
collectively
referred to as "Consult".
3.6.2 Terms for Users: The Users expressly understand, acknowledge and agree to the
following set
forth herein below:
In the event the Users intend to consult a specific Practitioner of choice, the same is
facilitated
through search options as made available on HopeQure’s Website. In cases where Users cannot
choose a Practitioner (due to system setup), the system uses an algorithm/software-program
to find
the most available and accepting Practitioner.
In case any prescription is being provided to User by the Practitioner, the same is being
provided on
the basis of online consultation, however it may vary when examined in person, hence in no
event
shall the prescription provided by Practitioners be relied on as a final and conclusive
solution.
The Users agree to use the advice from Practitioner on the website pursuant to:
a) an ongoing treatment with their medical practitioner;
b) a condition which does not require emergency treatment, physical examination or medical
attention;
c) medical history available as records with them for reference;
d) a record of physical examination and report thereof with them, generated through their
local
medical practitioner;
e) consultation with their medical practitioner before abandoning or modifying their ongoing
treatment.
The User agrees that by using Consult, the Practitioners on Consult will not be conducting
physical
examination of the Users, hence they may not have or be able to derive important information
that
is usually obtained through a physical examination. User acknowledges and agrees that the
User is
aware of this limitation and agrees to assume the complete risk of this limitation.
The User understands that Consult shall not form a substitute for treatment that otherwise
needs
physical examination/immediate consultation.
During the consultation and thereafter, the Practitioner may upload the prescription/health
records
of the User on the account of the User for access of the User.
Notwithstanding anything contained herein, HopeQure in no manner endorses any
Practitioner(s)
that Users consult and is not in any manner responsible for any drug/medicines prescribed or
the
therapy prescribed by the Practitioner.
If Practitioner responds to the User’s query, the system could trigger communications to the
User, in
the form of notification/text/email/others. The User further understands that HopeQure may
send
such communications like text messages/email/calls before and/or after Practitioner’s
consultation
(physical or online) to User’s mobile number which is provided by Practitioner, based on the
Practitioner’s settings. However and notwithstanding anything to the contrary in this
Agreement,
HopeQure does not take responsibility for timeliness of such communications.
Consult, is merely a consulting model, any interactions and associated issues with the
Practitioner
on Consult including but not limited to the User’s health issues and/or the User’s
experiences is
strictly between the User and the Practitioner. The User shall not hold HopeQure responsible
for
any such interactions and associated issues.
The User hereby grants consent to HopeQure to feature certain of Users queries posted free
of cost
and respective Practitioners’ responses as posted by the User on HopeQure Consult. Users
further
agree that any such information provided by the User will be subject to HopeQure Privacy
Policy.
There is a follow-up feature that is made available on one of HopeQure’s product - HopeQure
Ray,
through which the Practitioner can notify the User of a follow-up facility that is available
post their
in-person consultation. The Practitioner can define the duration and limit of messages that
are
available to the User for free. When the User starts the follow-up, a chat window opens up
for
consultation with the Practitioner for a certain period (set by the Practitioner) without
having to
make any payment. Upon expiry, an option to pay and restart option is available to the User.
This
enables the User to pay and initiate a paid consultation with the Practitioner.
Any conversations that the Users have had with the Practitioner will be retained in HopeQure
database as per the applicable laws and subject to confidentiality.
User understands and agrees to provide accurate information, and will not use this platform
for any
acts that are considered to be illegal in nature.
If User decides to engage with a Practitioner to procure medical services or engages in
communication, exchange of money for services outside of Consult platform, User shall do so
at
their own risk. HopeQure shall not be responsible for any breach of service or service
deficiency by
any Practitioner.
The User shall be bound by the jurisdiction as contained in these Terms and Conditions
hereunder,
at all times, irrespective of the location they may be consulting with Practitioners
online.
The User shall indemnify and hold harmless HopeQure 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 or in relation to the use of Website by the User, by breach of
the Terms
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.
If User decides to use the payment gateway to make payments online, it is solely at
User's
discretion. Should there be any issues with regard to the payment not reaching the
respective
Practitioner’s account, please reach out to support@HopeQure.com.
3.6.3 Cancellation and Refund Policy:
For cancellation and refund policy, read more.
3.6.4 Express Disclaimers:
Consult 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, HopeQure
shall not
be held liable.
HopeQure is not a medical service provider, nor is it involved in providing any healthcare
or
medical advice or diagnosis, it shall hence not be responsible and owns no liability to
either Users
or Practitioners for any outcome from the consultation between the User and the
Practitioner.
Consult is a platform being made available to Users to assist them to obtain consultation
from
Practitioners and does not intend to replace the physical consultation with the
Practitioner.
3.6.5 Terms for Practitioners:
The Practitioner shall promptly reply to the User after receiving User’s communication. In
case of
non-compliance with regard to adhering to the applicable laws/rules/regulations/guidelines
by the
Practitioner, HopeQure shall have the right to replace such Practitioners for the purpose of
consultation to the User or remove such Practitioners from the platform/HopeQure
application/site;
Read more on guidelines here.
The Practitioner understands and agrees that, HopeQure shall at its sole discretion, at any
time be
entitled to, show as other Practitioners available for consultation.
The Practitioner further understands that, there is a responsibility on the Practitioner to
treat the
User, pari passu, as the Practitioner would have otherwise treated the User on a physical
one-on-one
consultation model.
The Practitioner has the discretion to cancel any consultation at any point in time in cases
where the
Practitioner feels, it is beyond his/her expertise or his/her capacity to treat the User. In
such cases, it
may trigger a refund to the User and the User has the option of choosing other
Practitioners.
However, it is strongly recommended that the Practitioner advise the User and explain
appropriately
for next steps.
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 being
rendered.
The Practitioner acknowledges that should HopeQure find the Practitioner to be in violation
of any
of the applicable laws/rules/ regulations/guidelines set out by the authorities then
HopeQure shall be
entitled to cancel the consultation with such Practitioner or take such other legal action
as may be
required.
The payment gateway option is being provided to the Users to make payment easier. In case
wrong
bank account details are provided by Practitioner, HopeQure 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 support@HopeQure.com.
It is further understood by the Practitioner that the information that is disclosed by the
User at the
time of consultation is personal information and is subject to all applicable privacy laws,
shall be
confidential in nature and subject to User and Practitioner privilege.
The Practitioner understands that the certain Consult features (such as follow-up feature)
shall be
available only if the same has been enabled by the Practitioner and that the maximum number
of
messages that Practitioner can send and the number of days for which follow-up will be
active for,
shall be as set by the Practitioner.
The Practitioner understands that when a User books a time-slot with the Practitioner for
online
consultation, the Practitioner must comply with the time slot to the best of their
availability. In case
of delay, the doctor must notify User to their best possible ability.
The Practitioner understands that HopeQure makes no promise or guarantee for any
uninterrupted
communication and the Practitioner shall not hold HopeQure liable, if for any reason the
communication is not delivered to the User(s), or are delivered late or not accessed,
despite the
efforts undertaken by HopeQure.
It shall be the responsibility of the Practitioner to ensure that the information provided
by User is
accurate and not incomplete and understand that HopeQure shall not be liable for any errors
in the
information included in any communication between the Practitioner and User.
The Practitioner shall indemnify and hold harmless HopeQure 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 Practitioner, violation of
any law,
rules or regulations by the Practitioner or due to such other actions, omissions or
commissions of
the Practitioner that gave rise to the claim.
Read more on Settlement Policy here. ?
3.7 HopeQure’s Health Feed for Users:
3.7.1 HopeQure Health feed is an online content platform available on the website, wherein
Practitioners who have created a HopeQure profile and Users who have created a health
account
can login and post health and wellness related content.
3.7.2 A User can use HopeQure 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 HopeQure’s servers. HopeQure will
make
available to the User a gallery of images licensed by HopeQure from a third party stock
image
provider (“HopeQure Gallery”).. The User can upload their own images or choose an
image from
the HopeQure Gallery. HopeQure does not provide any warranty as to the ownership of the
intellectual property in the HopeQure Gallery and the User acknowledges that the User will
use the
images from the HopeQure Gallery at their own risk. HopeQure shall post such Content to
HopeQure Health feed at its own option and subject to these Terms and Conditions. The
Content
uploaded via HopeQure Health feed does not constitute medical advice and may not be
construed as
such by any person.
3.7.3 The User acknowledges that they are the original authors and creators of any Content
uploaded by them via HopeQure Health feed and that no Content uploaded by them would
constitute infringement of the intellectual property rights of any other person. HopeQure
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. The User agrees to absolve HopeQure from
and
indemnify HopeQure against all claims that may arise as a result of any third party
intellectual
property right claim that may arise from the user’s uploading of any Content on HopeQure
Health
feed. The User may not use the images in the HopeQure Gallery for any purpose other than
those
directly related to the creation and uploading of Content to HopeQure Health feed. The User
also
agrees to absolve HopeQure from and indemnify HopeQure against all claims that may arise as
a
result of any third party intellectual property claim if the User downloads, copies or
otherwise
utilizes an image from the HopeQure Gallery for his/her personal or commercial gain.
3.7.4 The user hereby assigns to HopeQure, in perpetuity and worldwide, all intellectual
property
rights in any Content created by the User and uploaded by the User via HopeQure Health feed.
3.7.5 HopeQure shall have the right to edit or remove the Content and any comments in such
manner as it may deem HopeQure Health feed at any time.
3.7.6 The User agrees not to upload Content which is defamatory, obscene or objectionable in
nature and HopeQure reserves the right to remove any Content which it may determine at its
own
discretion to violate these Terms and Conditions or be violative of any law or statute in
force at the
time. The User agrees to absolve HopeQure from and indemnify HopeQure against all claims
that
may arise as a result of any legal claim arising from the nature of the Content posted by
the User on
HopeQure Health Feed.
3.7.7 A User may also use HopeQure Health feed in order to view original content created by
Practitioners and to create and upload comments on such Content, where allowed.
3.7.8 User acknowledges that the Content on HopeQure Health feed reflects the views and
opinions
of the authors of such Content and do not necessarily reflect the views of HopeQure.
3.7.9 User agrees that the content they access on HopeQure Health feed does not in any way
constitute medical advice and that the responsibility for any act or omission by the User
arising
from the User’s interpretation of the Content, is solely attributable to the user. The User
agrees to
absolve HopeQure from and indemnify HopeQure against all claims that may arise as a result
of the
User’s actions resulting from the User’s viewing of Content on HopeQure Health feed.
3.7.10 The User acknowledges that all intellectual property rights in the Content on
HopeQure
Health feed vests with HopeQure. The User agrees not to infringe upon HopeQure’s
intellectual
property by copying or plagiarising content on HopeQure Health feed. HopeQure reserves its
right
to initiate all necessary legal remedies available to them in case of such an infringement
by the
User. All comments created and uploaded by the User on HopeQure Health feed will be the sole
intellectual property of HopeQure. The User agrees not to post any comments on HopeQure
Health
feed that violate the intellectual property of any other person. HopeQure reserves the right
to
remove any comments which it may determine at its own discretion as violating the
intellectual
property rights of any other person. The User agrees to absolve HopeQure from and indemnify
HopeQure against all claims that may arise as a result of any third party intellectual
property right
claim that may arise from the User’s uploading of any comment on HopeQure Health feed.
3.7.11 User agrees not to post any comments which are defamatory, obscene, objectionable or
in
nature and HopeQure reserves the right to remove any comments which it may determine at its
own
discretion to violate these Terms and Conditions or be violative of any law or statute in
force at the
time. The User agrees to absolve HopeQure from and indemnify HopeQure against all claims
that
may arise as a result of any legal claim arising from the nature of the comments posted by
the User
on HopeQure Health feed.
3.8 HOPEQURE’S CONTENT OWNERSHIP AND AGREED CONDITIONS OF ACCESS:
3.8.1 The contents listed on the Website are (i) User generated content, or (ii) belong to
HopeQure.
The information that is collected by HopeQure directly or indirectly from the End- Users and
the
Practitioners shall belong to HopeQure. Copying of the copyrighted content published by
HopeQure
on the Website for any commercial purpose or for the purpose of earning profit will be a
violation
of copyright and HopeQure reserves its rights under applicable law accordingly.
3.8.2 HopeQure authorises the User to view and access the content available on or from the
Website
solely for ordering, receiving, delivering and communicating only as per this Agreement. The
contents of the Website, information, text, graphics, images, logos, button icons, software
code,
design, and the collection, arrangement and assembly of content on the Website
(collectively, "HopeQure Content"), are the property of HopeQure and are
protected under
copyright, trademark and other laws. User shall not modify the HopeQure Content or
reproduce,
display, publicly perform, distribute, or otherwise use the HopeQure Content in any way for
any
public or commercial purpose or for personal gain.
3.8.3 User shall not access the Services for purposes of monitoring their availability,
performance or
functionality, or for any other benchmarking or competitive purposes.
3.9 REVIEWS AND FEEDBACK:
By using this Website, you agree that any information shared by you with HopeQure or with
any
Practitioner will be subject to our Privacy Policy.
You are solely responsible for the content that you choose to submit for publication on the
Website,
including any feedback, ratings, or reviews (“Critical Content”) relating to Practitioners
or other
healthcare professionals. The role of HopeQure in publishing Critical Content is restricted
to that of
an ‘intermediary’ under the Information Technology Act, 2000. HopeQure 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. HopeQure
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 5 of these
Terms.
Without prejudice to the detailed terms stated in Clause 5, 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. HopeQure, 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 HopeQure 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 HopeQure’s services; and/or
Obtaining feedback in relation to any Practitioners listed on the Website; and/or
Resolving any complaints, information, or queries by Practitioners regarding your Critical
Content;
And you agree to provide your fullest co-operation to further such communication by
HopeQure.
HopeQure’s Feedback Collection and Fraud Detection Policy, is annexed as the Schedule
hereto,
and remains subject always to these Terms.
3.10 RECORDS & INFORMATION:
HopeQure may provide End-Users with a free facility
known as ‘Records’ on its mobile application ‘HopeQure’. Information available in your
Records is
of two types:
User-created: Information uploaded by you or information generated during your interaction
with
HopeQure ecosystem, eg: appointment, medicine order placed by you.
Practice-created: Health Records generated by your interaction with a Practitioner who uses
‘HopeQure Ray’ or other Services of HopeQure software.
The specific terms relating to such Health Account are as below, without prejudice to the
rest of
these Terms and the Privacy Policy:
3.10.1 Your Records is only created after you have signed up and explicitly accepted these
Terms.
3.10.2 Any Practice created Health Record is provided on an as-is basis at the sole intent,
risk and
responsibility of the Practitioner and HopeQure does not validate the said information and
makes no
representation in connection therewith. You should contact the relevant Practitioner in case
you
wish to point out any discrepancies or add, delete, or modify the Health Record in any
manner.
3.10.3 The Health Records are provided on an as-is basis. While we strive to maintain the
highest
levels of service availability, HopeQure is not liable for any interruption that may be
caused to your
access of the Services.
3.10.4 The reminder provided by the Records is only a supplementary way of reminding you to
perform your activities as prescribed by your Practitioner. In the event of any medicine
reminders
provided by HopeQure, you should refer to your prescription before taking any medicines.
HopeQure is not liable if for any reason reminders are not delivered to you or are delivered
late or
delivered incorrectly, despite its best efforts. In case you do not wish to receive the
reminders, you
can switch it off through the HopeQure app.
3.10.5 It is your responsibility to keep your correct mobile number and email ID updated in
the
Records. The Health Records will be sent to the Records associated with this mobile number
and/or
email ID. Every time you change any contact information (mobile or email), we will send a
confirmation. HopeQure is not responsible for any loss or inconvenience caused due to your
failure
in updating the contact details with HopeQure.
3.10.6 HopeQure uses industry–level security and encryption to your Health Records. However,
HopeQure does not guarantee to prevent unauthorized access if you lose your login
credentials or
they are otherwise compromised. In the event you are aware of any unauthorized use or
access, you
shall immediately inform HopeQure of such unauthorized use or access. Please safeguard your
login credentials and report any actual suspected breach of account to
support@HopeQure.com .
3.10.7 If you access your dependents’ Health Records by registering your dependents with
your
own Records, you are deemed to be responsible for the Health Records of your dependents and
all
obligations that your dependents would have had, as if they have maintained their own
separate
individual Records. You agree that it shall be your sole responsibility to obtain prior
consent of your
dependent and shall have right to share, upload and publish any sensitive personal
information of
your dependent. HopeQure assumes no responsibility for any claim, dispute or liability
arising in
this regard, and you shall indemnify HopeQure and its officers against any such claim or
liability
arising out of unauthorised use of such information.
3.10.8 In case you want to delete your Records, you can do so by contacting our service
support
team. However only your account and any associated Health Records will be deleted, and your
Health Records stored by your Practitioners will continue to be stored in their respective
accounts.
3.10.9 You may lose your “User created” record, if the data is not synced with the server.
3.10.10 If the Health Record is un-assessed for a stipulated time, you may not be able to
access your
Health Records due to security reasons.
3.10.11 HopeQure is not liable if for any reason, Health Records are not delivered to you or
are
delivered late despite its best efforts.
3.10.12 The Health Records are shared with the phone numbers that are provided by your
Practitioner. HopeQure is not responsible for adding the Heath Records with incorrect
numbers if
those incorrect numbers are provided by the Practitioner.
3.10.13 HopeQure is not responsible or liable for any content, fact, Health Records, medical
deduction or the language used in your Health Records whatsoever. Your Practitioner is
solely
responsible and liable for your Health Records and any information provided to us including
but not
limited to the content in them.
3.10.14 HopeQure has the ability in its sole discretion to retract Health Records without
any prior
notice if they are found to be shared incorrectly or inadvertently.
3.10.15 HopeQure will follow the law of land in case of any constitutional court or
jurisdiction
mandates to share the Health Records for any reason.
3.10.16 You agree and acknowledge that HopeQure may access Health Record for cases in which
there is any technical or operational issue for the End User to access such records or
wherein the
dispute regarding ownership of the Record arises.
3.10.17 You acknowledge that the Practitioners you are visiting may engage HopeQure's
software
or third party software for the purposes of the functioning of the Practitioner’s business
and
HopeQure's services including but not limited to the usage and for storage of Records
(as defined in
Section 3.10) in India and outside India, in accordance with the applicable laws.
3.10.18 To the extent that your Records have been shared with HopeQure or stored on any of
the
HopeQure products used by Practitioner’s you are visiting, and may in the past have visited,
You
hereby agree to the storage of your Records by HopeQure pertaining to such previously
visited
clinics and hospitals who have tie ups with HopeQure for the purposes of their business and
for
HopeQure's services including but not limited to the usage and for storage of Records
(as defined in
Section 3.10) in India and outside India, in accordance with the applicable laws and further
agree,
upon creation of your account with HopeQure, to the mapping of such Records as may be
available
in HopeQure’s database to your User account.
3.11 HopeQure’, MEDICINE INFORMATIONFor detailed terms and conditions regarding
medicine information click here.
4. TERMS OF USE PRACTITIONERS:
The terms in this Clause 4 are applicable only to Practitioners.
4.1 LISTING POLICY
4.1.1 HopeQure, directly and indirectly, collects information regarding the Practitioners’
profiles,
contact details, and practice. HopeQure reserves the right to take down any Practitioner’s
profile as
well as the right to display the profile of the Practitioners, with or without notice to the
concerned
Practitioner. This information is collected for the purpose of facilitating interaction with the
End-
Users and other Users. If any information displayed on the Website in connection with you and
your
profile is found to be incorrect, you are required to inform HopeQure immediately to enable
HopeQure to make the necessary amendments.
4.1.2 HopeQure shall not be liable and responsible for the ranking of the Practitioners on
external
websites and search engines.
4.1.3 HopeQure shall not be responsible or liable in any manner to the Users for any losses,
damage, injuries or expenses incurred by the Users as a result of any disclosures or
publications
made by HopeQure, where the User has expressly or implicitly consented to the making of
disclosures or publications by HopeQure. If the User had revoked such consent under the terms of
the Privacy Policy, then HopeQure shall not be responsible or liable in any manner to the User
for
any losses, damage, injuries or expenses incurred by the User as a result of any disclosures
made by
HopeQure prior to its actual receipt of such revocation.
4.1.4 HopeQure reserves the right to moderate the suggestions made by the Practitioners through
feedback and the right to remove any abusive or inappropriate or promotional content added on
the
Website. However, HopeQure shall not be liable if any inactive, inaccurate, fraudulent, or non-
existent profiles of Practitioners are added to the Website.
4.1.5 Practitioners explicitly agree that HopeQure reserves the right to publish the Content
provided
by Practitioners to a third party including content platforms.
4.1.6 When you are listed on HopeQure.com, End-Users may see a ‘show number’ option. When
End-Users choose this option, they choose to call your number through a free telephony service
provided by HopeQure, and the records of such calls are recorded and stored in HopeQure’s
servers.
Such records are dealt with only in accordance with the terms of the Privacy Policy. Such call
facility provided to End-Users and to you by HopeQure should be used only for appointment and
booking purposes, and not for consultation on health-related issues. HopeQure accepts no
liability if
the call facility is not used in accordance with the foregoing.
4.1.7 You as a Practitioner hereby represent and warrant that you will use the Services in
accordance with applicable law. Any contravention of applicable law as a result of your use of
these
Services is your sole responsibility, and HopeQure accepts no liability for the same.
4.2 PROFILE OWNERSHIP AND EDITING RIGHTS:
HopeQure ensures easy access to the Practitioners by providing a tool to update your profile
information. HopeQure reserves the right of ownership of all the Practitioner’s profile and
photographs and to moderate the changes or updates requested by Practitioners. However,
HopeQure takes the independent decision whether to publish or reject the requests submitted
for the
respective changes or updates. You hereby represent and warrant that you are fully entitled
under
law to upload all content uploaded by you as part of your profile or otherwise while using
HopeQure’s services, and that no such content breaches any third party rights, including
intellectual
property rights. Upon becoming aware of a breach of the foregoing representation, HopeQure
may
modify or delete parts of your profile information at its sole discretion with or without
notice to
you.
4.3 REVIEWS AND FEEDBACK DISPLAY RIGHTS OF HOPEQURE:
4.3.1 All Critical Content is content created by the Users of
www.HopeQure.com (“Website”) and
the clients of HopeQure customers and Practitioners, including the End-Users. As a platform,
HopeQure does not take responsibility for Critical Content and its role with respect to
Critical
Content is restricted to that of an ‘intermediary’ under the Information Technology Act,
2000. The
role of HopeQure and other legal rights and obligations relating to the Critical Content are
further
detailed in Clauses 3.9 and 5 of these Terms. HopeQure’s Feedback Collection and Fraud
Detection
Policy, is annexed as the Schedule hereto, and remains subject always to these Terms.
4.3.2 HopeQure reserves the right to collect feedback and Critical Content for all the
Practitioners,
Clinics and Healthcare Providers listed on the Website.
4.3.3 HopeQure shall have no obligation to pre-screen, review, flag, filter, modify, refuse
or remove
any or all Critical Content from any Service, except as required by applicable law.
4.3.4 You understand that by using the Services you may be exposed to Critical Content or
other
content that you may find offensive or objectionable. HopeQure shall not be liable for any
effect on
Practitioner’s business due to Critical Content of a negative nature. In these respects, you
may use
the Service at your own risk. HopeQure however, as an ‘intermediary, takes steps as required
to
comply with applicable law as regards the publication of Critical Content. The legal rights
and
obligations with respect to Critical Content and any other information sought to be
published by
Users are further detailed in Clauses 3.9 and 5 of these Terms.
4.3.5 HopeQure will take down information under standards consistent with applicable law,
and
shall in no circumstances be liable or responsible for Critical Content, which has been
created by
the Users. The principles set out in relation to third party content in the terms of Service
for the
Website shall be applicable mutatis-mutandis in relation to Critical Content posted on the
Website.
4.3.6 If HopeQure determines that you have provided inaccurate information or enabled
fraudulent
feedback, HopeQure reserves the right to immediately suspend any of your accounts with
HopeQure and makes such declaration on the website alongside your name/your clinics name as
determined by HopeQure for the protection of its business and in the interests of Users.
4.4 RELEVANCE ALGORITHM:
HopeQure has designed the relevance algorithm in the best interest of the End-User and may
adjust
the relevance algorithm from time to time to improve the quality of the results given to the
patients.
It is a pure merit driven, proprietary algorithm which cannot be altered for specific
Practitioners.
HopeQure shall not be liable for any effect on the Practitioner’s business interests due to
the change
in the Relevance Algorithm.
4.5 INDEPENDENT SERVICES:
Your use of each Service confers upon you only the rights and
obligations relating to such Service, and not to any other service that may be provided by
HopeQure.
4.6 SPONSORED ADS:
HopeQure reserves the rights to display sponsored ads on the Website.
These ads would be marked as “Sponsored ads”. Without prejudice to the status of other
content,
HopeQure will not be liable for the accuracy of information or the claims made in the
Sponsored
ads. HopeQure does not encourage the Users to visit the Sponsored ads page or to avail any
services
from them. HopeQure will not be liable for the services of the providers of the Sponsored
ads.You
represent and warrant that you will use these Services in accordance with applicable law.
Any
contravention of applicable law as a result of your use of these Services is your sole
responsibility,
and HopeQure accepts no liability for the same.
4.7 HOPEQURE’S HEALTH FEED FOR PRACTITIONERS:
4.7.1 HopeQure health feed is an online content platform available on the website, wherein
Practitioners who have a HopeQure profile and Users who have a health account can login and
post
health and wellness related content.
4.7.2 A Practitioner can use health feed by logging in from their profile, creating original
content
comprising text, audio, video, images data or any combination of the same (“as defined in
Clause
3.7.2”), and uploading said Content to HopeQure’s servers. The Practitioner can upload their
own
images or choose an image from the gallery that HopeQure provides. HopeQure shall post such
Content to HopeQure health feed at its own option and subject to these Terms and Conditions.
The
Content uploaded via HopeQure health feed does not constitute medical advice and may not be
construed as such by any person.
4.7.3 The Practitioner acknowledges that they are the original authors and creators of any
Content
or comments uploaded by them via HopeQure health feed and that no Content or comment
uploaded by them would constitute infringement of the intellectual property rights of any
other
person. HopeQure reserves the right to remove any Content or comment which it may determine
at
its own discretion as violating the intellectual property rights of any other person. The
Practitioner
agrees to absolve HopeQure from and indemnify HopeQure 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 HopeQure health feed. The Practitioner also agrees to absolve
HopeQure from and indemnify HopeQure against all claims that may arise as a result of any
third
party intellectual property claim if the Practitioner downloads an image from HopeQure’s
gallery
and utilizes it for his/her personal or commercial gain.
4.7.4 The Practitioner hereby assigns to HopeQure, in perpetuity and worldwide, all
intellectual
property rights in any Content or comment created by the Practitioner and uploaded by the
Practitioner via HopeQure health feed.
4.7.5 HopeQure shall have the right to edit or remove the Content and any comments in such
manner as it may deem fit at any time.
4.7.6 The Practitioner may also use HopeQure health feed in order to view original content
created
by Users or other Practitioners and also create and upload comments on such Content
including
their own content where allowed.
4.7.7 Practitioner acknowledges that the content on HopeQure health feed reflects the views
and
opinions of the authors of such content and does not necessarily reflect HopeQure’s views.
4.7.8 Practitioner agrees not to post any comments or upload any Content which are
defamatory,
obscene, objectionable or in nature and HopeQure reserves the right to remove any comments
which it may determine at its own discretion to violate these Terms and Conditions or be
violative
of any law or statute in force at the time. The Practitioner agrees to absolve HopeQure from
and
indemnify HopeQure against all claims that may arise as a result of any legal claim arising
from the
nature of the Content or the comments posted by the Practitioner on HopeQure health feed .
4.8 HopeQure MEDICINE INFORMATIONFor detailed terms and conditions regarding medicine
information click here.
4.9 BOOK APPOINTMENT AND CALL FACILITY:
4.9.1 As a valuable partner on our platform we want to ensure that the Practitioners
experience on
the HopeQure booking platform is beneficial to both, Practitioners and their Users.
For all terms and conditions of Book facility on HopeQure profile check Book Standards .
4.9.2 Practitioner understands that, HopeQure 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
Practitioner. The option of publishing or modifying or moderating or masking (where required
by
law or norm etc.) the feedback provided by Users shall be solely at the discretion of
HopeQure.
5.RIGHTS AND OBLIGATIONS RELATING TO CONTENT
5.1 As mandated by Regulation 3(2) of the IG Rules, HopeQure 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, defence, security or sovereignty of India,
friendly relations with foreign states, or public order or causes incitement to
the commission of any cognizable offence or prevents investigation of any
offence or is insulting any other nation.
5.2 Users are also prohibited from:
-
violating or attempting to violate the integrity or security of the Website or
any HopeQure Content;
-
transmitting any information (including job posts, messages and hyperlinks)
on or through the Website that is disruptive or competitive to the provision of
Services by HopeQure;
-
intentionally submitting on the Website 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 HopeQure Content or other
information available from the Website;
-
framing or hot linking or deep linking any HopeQure Content.
-
circumventing or disabling any digital rights management, usage rules, or
other security features of the Software.
5.3 HopeQure, upon obtaining knowledge by itself or been brought to actual
knowledge by an affected person in writing or through email signed with electronic
signature about any such information as mentioned above, shall be entitled to disable
such information that is in contravention of Clauses 5.1 and 5.2. HopeQure 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.
5.4 In case of non-compliance with any applicable laws, rules or regulations, or the
Agreement (including the Privacy Policy) by a User, HopeQure has the right to
immediately terminate the access or usage rights of the User to the Website and
Services and to remove non-compliant information from the Website.
5.5 HopeQure 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. The SPI Rules only permit HopeQure to
transfer sensitive personal data or information including any information, to any
other body corporate or a person in India, or located in any other country, that
ensures the same level of data protection that is adhered to by HopeQure as provided
for under the SPI Rules, only if such transfer is necessary for the performance of the
lawful contract between HopeQure or any person on its behalf and the User or where
the User has consented to data transfer.
HopeQure respects the intellectual property rights of others and we do not hold any
responsibility for any violations of any intellectual property rights.
6. Policy Pertaining to Mobile Application:
HopeQure as a whole includes its Mobile Application as well. It is very important for
HopeQure to
maintain the same standards of Data Protection that it has for its Website. As per the
Information &
Technology Act, 2000 read with all the applicable rules therein, this privacy policy would
be
applicable to all the Mobile Application users as well, whether be it
Therapists/clients/casual
visitors. Although there are several permissions/information that are required for the
Mobile
Application to work as intended for the users, such information/permission would be governed
by
this policy only. Any other information that is collected/released/stored/disposed/modified
from the
users other than that which has already been stated in this Privacy policy, a separate
permission
would be taken from the users in the form of Pop-ups/disclaimers/permissions for e.g.,
Audio/video
permission, location permission, Notification service, App Background permission,
etc.,(These
examples are not exhaustive in nature). There might be other permissions/information which
HopeQure would require to provide a smooth experience to its Mobile Application Users,
HopeQure reserves the right to ask any such information from the user as it deems fit to
serve its
Objective as an Intermediary. Needless to say that HopeQure adheres to strong data
protection and
privacy policy and it is HopeQure’s prime objective to protect it’s clients Privacy.
HopeQure is also
HIPPA Compliant and have to comply with a much higher threshold of Data Protection than any
other Mobile Application. By Agreeing to this Privacy Policy, the user including the Mobile
Application User would be bound by the Terms of this Policy and would also agree to provide
any
other information that HopeQure requires from its Users at any time to time.
7.1 HopeQure 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 law, in cases where,
7.2 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.
In no event, including but not limited to negligence, shall HopeQure, or any of its directors,
officers, employees, agents or content or service providers (collectively, the “Protected
Entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary or
punitive damages arising from, or directly or indirectly related to, the use of, or the
inability
to use, the Website or the content, materials and functions related thereto, the Services,
User’s provision of information via the Website, lost business or lost End-Users, even if
such Protected Entity has been advised of the possibility of such damages. In no event shall
the Protected Entities be liable for:
HopeQure may retain such information collected from Users from its Website or Services for as
long as necessary, depending on the type of information; purpose, means and modes of usage of
such information; and according to the SPI Rules. Computer web server logs may be preserved as
long as administratively necessary.
10.1 You agree that this Agreement and any contractual obligation between HopeQure and User will
be governed by the laws of India.
10.2 Any dispute, claim or controversy arising out of or relating to this Agreement, including
the
determination of the scope or applicability of this Agreement to arbitrate, or your use of the
Website
or the Services or information to which it gives access, shall be determined in accordance to
the
Arbitration and Conciliation Act,1996. The seat of such arbitration shall be Bangalore and will
be
arbitrated by a Sole Arbitrator. All proceedings of such arbitration, including, without
limitation,
any awards, shall be in the English language. The award shall be final and binding on the
parties to
the dispute.
10.3 Subject to the above Clause 10.2, the courts at Bengaluru shall have exclusive jurisdiction
over
any disputes arising out of or in relation to this Agreement, your use of the Website or the
Services
or the information to which it gives access.
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 authorised representative of HopeQure. Any
consent by HopeQure, or a waiver by HopeQure of any breach by you, whether expressed or
implied, shall not constitute consent to, waiver of, or excuse for any other different or
subsequent
breach.
YOU HAVE READ THESE TERMS OF USE AND AGREE TO ALL OF THE PROVISIONS
CONTAINED ABOVE.