Terms & Conditions
1. Agreement to Terms
1.1 These Terms and Conditions constitute a legally binding agreement between Apolotus Healthcare Solution Private Limited (hereinafter “we, us”) and you, whether personally or on behalf of a legal entity (hereinafter “you”), concerning your access to and use of our website https://www.healthsaarthi.com (hereinafter the “Site”) and any related applications thereof.
The Site provides the following services: technology platform for the healthcare providers to fulfill the healthcare services and/or product requirements of the user in the form of web interface and android app interface (Services). You agree that by accessing the Site and/or the Services, you have read, understood, and agree to be bound by all of these Terms and Conditions hereinafter appearing.
If you do not agree with all of these Terms and Conditions, then you are prohibited from using the Site and the Services and you must discontinue use immediately. Your continued use of our Site and Services shall be deemed to be your acceptance to be bound by this Agreement. We recommend that you print a copy of these Terms and Conditions for future reference.
- 1.2 The supplemental policies set out in Section 1.7 below, as well as any supplemental terms and condition or documents that may be posted on the Site from time to time, are expressly incorporated by reference.
- 1.3 We may make changes to these Terms and Conditions at any time. The updated version of these Terms and Conditions will be uploaded to the Site and shall be indicated by an updated “Revised” date. The updated version will be effective as soon as it is made accessible on the Site. You are responsible for reviewing these Terms and Conditions to stay informed of the updates/changes made. Your continued use of the Site represents that you have accepted such changes.
- 1.4 We may update or change the Site, from time to time, to reflect the changes to our products, our users' needs and/or our business priorities.
- 1.5 Our Site is directed to people residing in India. The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country, where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. We specifically disclaim ourselves from any liability that may arise due to you unauthorized use of our Site in the aforesaid jurisdiction or country. In case any action or claim is brought against us by the authorities of the said jurisdiction or country, you shall hold us indemnified and harmless and defend such action or claim at your own costs
- 1.6 The Site is intended for users who are at least 18 years old. If you are under the age of 18, you are not permitted to register for the Site or use the Services without parental permission. We shall not be liable under the present Agreement if you misrepresent your age.
1.7 Additional policies which also apply to your use of the Site include:
2. Acceptable Use
- 2.1 You may not access or use the Site for any purpose other than that for which we make the Site and our Services available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. Any unauthorized use of our Site or Services shall entitle us to initiate appropriate legal action against you.
2.2 As a user of this Site, you agree not to:
- Falsely imply a relationship with us or another company with whom you do not have a relationship.
- Falsely represent to any third party that you are the agent or representative of our company or Site.
- Provide any information that is false or you have reasonable to believe that it is false.
- Transact any information that you obtain from our Site.
3. Information you provide to us
3.1 You represent and warrant that: (a) all registration information you submit on the Site will be true, accurate, current, and complete and relate to you and not to a third party; (b) you will maintain the accuracy of such information and promptly update such information as necessary; (c) you will keep your password confidential and will be responsible for all use, including without limitation unauthorized use, of your password and account; (d) you have the legal capacity to avail our Services and to enter into the present Agreement; (e) you agree to comply with these Terms and Conditions; and (f) you are not a minor in the jurisdiction in which you reside.
If you know or suspect that anyone other than you know your user information (such as an identification code or user name) and/or password you must promptly notify us at email@example.com
- 3.2 If you provide any information that is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account. Additionally, we specifically disclaim ourselves from any liability that may arise by virtue of your provision of such false, misrepresented or incomplete information. We may remove or change a user name you select if we determine that such user name is inappropriate.
4. Content you provide to us
- 4.1 There may be opportunities for you to post content to the Site or send feedback to us (User Content). You understand and agree that your User Content may be viewed by other users on the Site, and that they may be able to see who has posted that User Content. You hereby agree not to claim any Intellectual Property Rights in the User Content posted by you and hereby upon such posting assign all Intellectual Property Rights that may subsist in such Content to us.
- 4.2 You further agree that we can use your User Content for any other purposes whatsoever in perpetuity without payment of any royalty or other monetary consideration to you, and combine your User Content with other content for use within the Site and otherwise. We do not have to attribute your User Content to you. When you upload or post content to our Site, you grant us the right to use that content at our discretion.
- 4.3 In posting User Content, including reviews or contacting other users of the Site you shall comply with the mentioned clause 2 above.
- 4.4 You warrant that any User Content generated by you shall comply with our Acceptable Use Policy, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of this warranty. In case any action, suit or claim is brought against us for any cause of action which is attributable to your breach of this warranty, you hereby agree to indemnify and hold us harmless against such action, suit or claim and shall defend the same at your own costs.
- 4.5 We have the right to remove any User Content you put on the Site if, in our opinion, such User Content does not comply with the Acceptable Use Policy.
- 4.6 We are not responsible and accept no liability for any User Content including any such content that contains incorrect information or is defamatory in nature or leads to loss of any User Content. We accept no obligation to screen, edit or monitor any User Content but we reserve the right to remove, screen and/or edit any User Content without notice and at any time. User Content available at the Site has not been verified or approved by us and the views expressed by other users on the Site do not represent our views or values.
- 4.7 If you wish to complain about a User Content uploaded by other users please contact us at firstname.lastname@example.org or use the take down or report button. This feature is not yet developed, but could be done in future
5. Our Content
- 5.1 Unless otherwise indicated, the Site and the Services including source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site are owned or licensed to us, and are protected by applicable Intellectual Property laws.
- 5.2 Except as expressly provided in these Terms and Conditions, no part of the Site, Services or Our Content may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, reverse-engineered or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
- 5.3 Provided that you are eligible to use the Site, you are granted a limited, temporary, revocable and non-transferable license to access and use the Site and Our Content and to download or print a copy of any portion of the Content to which you have properly and legally gained access solely for your personal, non-commercial use.
- 5.4 You shall not (a) try to gain unauthorized access to the Site or any networks, servers or computer systems connected to the Site; and/or (b) make for any purpose including error correction, any modifications, adaptions, additions or enhancements to the Site or Our Content, including the modification of the paper or digital copies you may have downloaded. Any unauthorized use of the Site, Our Content or any Intellectual Property subsisting in us by you shall constitute an infringement thereof and we shall be entitled to seek such legal remedy as we deem fit.
- 5.5 We shall (a) prepare the Site and Our Content with reasonable skill and care; and (b) use industry standard virus detection software to try to block the uploading of content to the Site that contains viruses.
- 5.6 The content on the Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from taking, any action on the basis of the content on the Site. We shall not be liable for any loss or injury that may arise as a result of your reliance on such information.
- 5.7 Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that Our Content on the Site is accurate, complete or up to date.
6. Link to third party content
- 6.1 The Site may contain links to websites or applications operated by third parties. We do not have any influence or control over any such third-party websites or applications or the third-party operator. We are not responsible for and do not endorse any third-party websites or applications or their availability or content. In case you access such third party websites by clicking on the links available on Our Site, we shall not be responsible for any death, loss, damage or injury that may arise as a result of your access to such third party website.
- 6.2 We accept no responsibility for adverts contained within the Site. If you agree to purchase goods and/or services from any third party who advertises in the Site, you do so at your own risk. The advertiser, and not us, is responsible for such goods and/or services and if you have any questions or complaints in relation to them, you should contact the advertiser.
7. Site Management
- 7.1 We reserve the right at our sole discretion, to (1) monitor the Site for breaches of these Terms and Conditions; (2) take appropriate legal action against anyone in breach of applicable laws or these Terms and Conditions; (3) refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any of your Contributions; (4) remove from the Site or otherwise disable all files and content that are excessive in size or are in any way a burden to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site and Services.
- 7.2 We do not guarantee that the Site will be secure or free from bugs or viruses.
- 7.3 You are responsible for configuring your information technology, computer programs and platform to access the Site and you should use your own virus protection software.
8. Modifications to and availability of the Site
- 8.1 We reserve the right to change, modify, or remove the contents on the Site at any time or for any reason at our sole discretion without prior notice. We also reserve the right to modify or discontinue all or part of the Services without notice at any time.
- 8.2 We cannot guarantee the Site and Services will always be available. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site or Services during any downtime or discontinuance of the Site or Services. We are not obliged to maintain and support the Site or Services or to supply any corrections, updates, or releases.
- 8.3 There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Services, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information at any time, without prior notice. Further, we shall not be liable for such typographical errors, inaccuracies, or omissions.
9. Disclaimer/Limitation of Liability
9.1 The Site and Services are provided on an as-is and as-available basis. Our Services are available to our users/customers in the form of pre-curated packages. When you decide to purchase or subscribe to a particular package, our liability for provision of Services is restricted to the services being offered under the said package. The specifications and particulars of our packages
are available on our Site for your perusal. You are free to switch your packages as per your convenience. In case you switch your existing package for a new one, we shall solely be liable for the services being offered in your new package. We may, at our discretion, alter, modify, add or delete our services and packages.
We merely act as an intermediary between the users and the health care professionals registered with us. Therefore, our liability extends to our obligations, representations and warranties that we have specifically made on our Site or in any document provided thereon.
Further, the health care professionals registered with us are independent contractors and nothing contained herein shall be deemed to create an employer-employee, principal – agent relationship, partnership or joint venture between us and the said health care professionals. Under no circumstances, we shall be held liable for the quality of services provided by the said health care professionals to you. In case of any legal claim arising out of the services provided to you by such health care professionals, the same shall be initiated by you directly against the concerned health care professional.
You agree that your use of the Site and/or Services will be at your sole risk except as expressly set out in these Terms and Conditions. All warranties, terms, conditions and undertakings, express or implied (including by statute, custom or usage, a course of dealing, or common law) in connection with the Site and Services and your use thereof including, without limitation, the implied warranties of satisfactory quality, fitness for a particular purpose and non-infringement are excluded to the fullest extent permitted by applicable law.
We make no warranties or representations about the accuracy or completeness of the Site’s content and are not liable for any (1) errors or omissions in content: (2) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored on our server; (3) any interruption or cessation of transmission to or from the Site or Services; and/or (4) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Site by any third party. We will not be responsible for any delay or failure to comply with our obligations under these Terms and Conditions if such delay or failure is caused by an event beyond our reasonable control.
9.2 Our responsibility for loss or damage suffered by you:
Whether you are a consumer or a business user:
- Subject to the provisions of this Terms and Conditions, we do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
If we fail to comply with these Terms and Conditions, we will be responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms and Conditions, but we would not be responsible for any loss or damage that were not foreseeable at the time you started using the Site/Services.Notwithstanding anything to the contrary contained in the Disclaimer/Limitation of Liability section, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to a total aggregate amount equal to the greater of (a) the sum of Rs 5000 or (b) the amount paid, if any, by you to us for the Services/Site during the six (6) month period prior to any cause of action arising, whichever is lesser.
10. Term and Termination
- 10.1 These Terms and Conditions shall remain in full force and effect while you use the Site or Services or are otherwise a user of the Site, as applicable. You may terminate your use or participation at any time, for any reason, by following the instructions for terminating user accounts in your account settings, if available, or by contacting us at email@example.com.
10.2 Without limiting any other provision of these Terms and Conditions, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Site and the Services (including blocking certain IP addresses), to any person for any reason including without limitation for breach of any representation, warranty or covenant contained in these Terms and Conditions or of any applicable law or regulation.If we determine, in our sole discretion, that your use of the Site/Services is in breach of these Terms and Conditions or of any applicable law or regulation, we may terminate your use or participation in the Site and the Services or delete your profile and any content or information that you posted at any time, without warning, in our sole discretion.
- 10.3 If we terminate or suspend your account for any reason set out in this Section 9, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
- 10.4 Termination of your account by us shall be without prejudice to any other right or remedy that we may have either under law or under these Terms and Conditions.
11.1. You hereby agree and undertake to hold the Company, the Site, its Board, employees and agents indemnified and harmless against any suit, action, claim, penalty, fine, interest or cost initiated against us as a result of:
(a) Breach or alleged breach of the terms and conditions mentioned herein; or
(b) Breach or alleged breach of the representations and warranties made by you herein; or
(c) Any act or omission of gross negligence or willful neglect on your part; or
(d) Any act or omission on your part which constitutes fraud or misrepresentation; and
(e) Failure on your part to comply with the statutory or legal requirements while using our Site or Services.
- 11.2. In addition to the aforesaid, where you are a health care professional registered with us, if any suit, claim or action is brought against us by any user of our Services for gross negligence, willful neglect, tortious actions or any other offence/legal non-compliance, which is solely attributable to such health care professional, then you shall duly indemnify and hold us harmless against such suit, claim or action and shall defend the same at your own costs.
- 12.1 If you access the Services via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this license. Any unauthorized use of our Mobile Application by you shall constitute an infringement of our rights and we shall be entitled to take such legal action against you as we deem fit.
12.2 The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an App Distributor) to access the Services:
12.2 The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an App Distributor) to access the Services:
(b) We are responsible for providing any maintenance and support services with respect to the mobile application as specified in these Terms and Conditions or as otherwise required under applicable law. You acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application;
(c) In the event of any failure of the mobile application to conform to any applicable warranty, you may notify an App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, an App Distributor will have no other warranty obligation whatsoever with respect to the mobile application;
(d) You represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. government list of prohibited or restricted parties;
(e) You must comply with applicable third party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in breach of their wireless data service agreement when using the mobile application; and
(f) You acknowledge and agree that the App Distributors are third party beneficiaries of these Terms and Conditions, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce these Terms and Conditions against you as a third party beneficiary thereof.
13. Force Majeure
- We shall not be liable to you for any failure or delay in observing the present Terms and Conditions or provision of access to Our Site or Services to causes beyond our control which shall include without limitation an act of God, act of Government or regulatory body, war, fire, flood, earthquake, act of terrorism, explosion, material deterioration in the political, financial or other national situation , civil commotion, failure of servers or devices beyond our control, pandemic or epidemic ("Force Majeure Events").
14. Dispute Resolution
- 14.1. In case of any dispute arising out of your use of Our Site or Services or interpretation of any terms, conditions, policies or application of the provisions thereof, you shall write to us at firstname.lastname@example.org. We shall attempt to amicably settle the dispute within a period of thirty (30) days from the date of arising of such dispute. Our decision in this regard shall be final and binding.
- 14.2. In case of any other dispute or claim which is not covered hereinabove, we shall attempt to amicably settle the dispute within a period of thirty (30) days from the date of arising of such dispute. Where the dispute is not settled within the aforesaid time period, the same shall be referred to arbitration by a Sole Arbitrator duly appointed by us. The arbitral proceedings shall be conducted in accordance with the provisions of the Arbitration & Conciliation Act, 1996 or any amendment thereof. The language of arbitral proceedings shall be English and the seat of arbitration shall be Mumbai, Maharashtra.
- 14.3. The use of our Site and Services shall be governed by the applicable laws of India. The competent court of Mumbai, Maharashtra shall have exclusive jurisdiction over Our Site and Services and any dispute with respect to the same.
- 15.1. Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications from us and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.
- You hereby agree to the use of electronic signatures, contracts, orders and other records and to electronic delivery of notices, policies and records of transactions initiated or completed by us or via the Site. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.
- 15.2. These Terms and Conditions and any policies or operating rules posted by us on the Site or in respect to the Services constitute the entire agreement and understanding between you and us.
- 15.3. Our failure to exercise or enforce any right or provision of these Terms and Conditions or arising under any applicable law shall not operate as a waiver of such right or provision. Any waiver by us shall be effective only when it is in writing, signed and duly delivered to you.
- 15.4. We may assign any or all of our rights and obligations to any third party at any time without obtaining your prior written consent. Nothing contained herein shall be deemed or construed to grant you the right to assign your rights and liabilities under these Terms and Conditions to any third party.
- 15.5. If any provision or part of a provision of these Terms and Conditions is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.
- 15.6. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms and Conditions or use of the Site or Services.
- 15.7. We are the sole and exclusive owners of the trademarks subsisting in Health Saarthi. You are not permitted to use them without our approval, unless they are part of material our Site explicitly states you are permitted to use.
- 15.8. There is no privity of contract. Thus, a third party is not entitled to seek enforcement of these Terms and Conditions under any applicable law for the time being in force.
- 15.9. In case you receive any confidential, proprietary or other user’s information (“Confidential Information”) while using our Site or Services, you shall keep such information secret and confidential. Any disclosure by you of such Confidential Information shall constitute a material breach of these Terms and Conditions and we shall be entitled to terminate your account with immediate effect. This shall be without prejudice to any right or remedy we may have under these Terms and Conditions or under any applicable laws.
- 15.10. The provisions of these Terms and Conditions shall survive for a period of at least three (03) years from the date of termination of your account or use of Our Site or Services.
- 15.11. In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us by email at email@example.com.
Latest Update: 01st September 2020