Clinic Hub Technologies ("Clinic Hub") is the author and publisher of the internet resource www.clinichub.in and the mobile application 'Clinic Hub' (together, "Website"). Clinic Hub owns and operates the services provided through the Website.
1. NATURE AND APPLICABILITY OF TERMS
The Agreement applies to you whether you are -
- A medical practitioner or health care provider (whether an individual professional or an organization) or similar institution wishing to be listed, or already listed, on the Website, including designated, authorized associates of such practitioners or institutions ("Practitioner(s)", "you" or "User"); or
- A patient, his/her representatives or affiliates, searching for Practitioners through the Website ("End-User", "you" or "User"); or
- Otherwise a user of the Website ("you" or "User"). This Agreement applies to those services made available by Clinic Hub on the Website, which are offered free of charge to the Users ("Services"), including the following:
- For Practitioners: Listing of Practitioners and their profiles and contact details, to be made available to the other Users and visitors to the Website;
- For other Users: Facility to (i) create and maintain 'Health Accounts', (ii) search for Practitioners by name, speciality, and geographical area, or any other criteria that may be developed and made available by Clinic Hub, and (iii) to make appointments with Practitioners.
The Services may change from time to time, at the sole discretion of Clinic Hub, and the Agreement will apply to your visit to and your use of the Website to avail the Service, as well as to all information provided by you on the Website at any given point in time.
This Agreement defines the terms and conditions under which you are allowed to use the Website and describes the manner in which we shall treat your account while you are registered as a member with us. If you have any questions about any part of the Agreement, feel free to contact us at firstname.lastname@example.org
We reserve the right to modify or terminate any portion of the Agreement for any reason and at any time, and such modifications shall be informed to you in writing you should read the Agreement at regular intervals. Your use of the Website following any such modification constitutes your agreement to follow and be bound by the Agreement so modified.
You acknowledge that you will be bound by this Agreement for availing any of the Services offered by us. If you do not agree with any part of the Agreement, please do not use the Website or avail any Services.
Your access to use of the Website and the Services will be solely at the discretion of Clinic Hub.
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 Clinic Hub, that you are 18 years of age or older, and that you have the right, authority and capacity to use the Website and the Services available through the Website, and agree to and abide by this Agreement.
The terms in this Clause 3 are applicable only to Users other than Practitioners.
3.1END-USER ACCOUNT AND DATA PRIVACY
3.1.2 Clinic Hub 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 Clinic Hub's services and to build new services.
3.1.3 The Website allows Clinic Hub to have access to registered Users' personal email or phone number, for communication purpose so as to provide you a better way of booking appointments and for obtaining feedback in relation to the Practitioners and their practice.
- The type of information collected from Users, including sensitive personal data or information;
- The purpose, means and modes of usage of such information;
- How and to whom Clinic Hub will disclose such information; and,
- Other information mandated by the SPI Rules.
- the fact that certain information is being collected;
- the purpose for which the information is being collected;
- the intended recipients of the information;
- the nature of collection and retention of the information; and
- the name and address of the agency that is collecting the information and the agency that will retain the information; and
- The various rights available to such Users in respect of such information.
3.1.6 Clinic Hub 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 Clinic Hub or to any other person acting on behalf of Clinic Hub.
3.1.7 The User is responsible for maintaining the confidentiality of the User's account access information and password, if the User is registered on the Website. The User shall be responsible for all usage of the User's account and password, whether or not authorized by the User. The User shall immediately notify Clinic Hub of any actual or suspected unauthorized use of the User's account or password. Although Clinic Hub will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Clinic Hub or such other parties as the case may be, due to any unauthorized use of your account.
3.1.8 If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Clinic Hub has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Clinic Hub has the right to discontinue the Services to the User at its sole discretion.
3.1.9 Clinic Hub may use such information collected from the Users from time to time for the purposes of debugging customer support related issues.
3.2 RELEVANCE ALGORITHM
Clinic Hub'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 Clinic Hub. Clinic Hub 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. Clinic Hub 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 Clinic Hub 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. Clinic Hub takes reasonable efforts to ensure that such information is updated at frequent intervals. Although Clinic Hub 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 Clinic Hub 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). Clinic Hub does not provide or make any representation, warranty or guarantee, express or implied about the Website or the Services. Clinic Hub 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, Clinic Hub 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 Clinic Hub 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. Clinic Hub 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 Clinic Hub endorses the linked site. User may use the links and these services at User's own risk.
3.3.4 Clinic Hub assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect User's equipment on account of User's access to, use of, or browsing the Website or the downloading of any material, data, text, images, video content, or audio content from the Website. If a User is dissatisfied with the Website, User's sole remedy is to discontinue using the Website.
3.3.5 If Clinic Hub determines that you have provided fraudulent, inaccurate, or incomplete information, including through feedback, Clinic Hub reserves the right to immediately suspend your access to the Website or any of your accounts with Clinic Hub and makes such declaration on the website alongside your name/your clinic's name as determined by Clinic Hub for the protection of its business and in the interests of Users. You shall be liable to indemnify Clinic Hub for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected Clinic Hub or its Users.
3.4NO DOCTOR-PATIENT RELATIONSHIP; NOT FOR EMERGENCY USE
3.4.1Please note that some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, "Information") that may be available on the Website (including information provided in direct response to your questions or postings) may be provided by individuals in the medical profession. The provision of such Information does not create a licensed medical professional/patient relationship, between Clinic Hub 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.
3.4.2It is hereby expressly clarified that, the Information that you obtain or receive from Clinic Hub, 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.
3.4.3The 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 a another person's behalf), please contact an ambulance service or hospital directly.
3.5Clinic Hub Opinion
3.5.1Definition. Clinic Hub's Opinion is a feature owned and provided by Clinic Hub 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 Clinic Hub'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 Clinic Hub's Website. The scope of this feature as detailed herein is collectively referred to as "Opinion ".
3.5.2Terms 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 Clinic Hub'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 basis the online consultation, however it may vary when examined in person, hence in no event shall the prescription provided by Practitioners be relied as a final and conclusive solution.
- 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, Clinic Hub 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 Clinic Hub 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, Clinic Hub 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 Clinic Hub responsible for any such interactions and associated issues.
- Any conversations that the Users have had with the Practitioner will be retained in Clinic Hub 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. Clinic Hub shall not be responsible for any breach of service or service deficiency by any Practitioner.
- 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 email@example.com