You and We are hereinafter collectively referred to as the “Parties”.
These terms and conditions works as a legally binding Agreement with the user`s of its services is in accordance and for compliance with the provisions of Indian law which include but not limited to the following:
- The Indian Contract Act, 1872,
- The Information Technology Act, 2000,
- The Information Technology (Reasonable Security Tactics, Methods or procedures and Sensitive Personal data or Information) Rules, 2011
- The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021
While availing our services through our website or software or mobile application, you represent that you are legally competent to contract and above 18 years of age as the Company do not permit the use of our services by those who are under 18 years of age, though our services can be used for those who are under 18 years of age through their parents or legal guardian.
You also represent that you are duly authorized by any third party (including a child or family member or employee) whose information you share with us. You warrant and agree that you have all the necessary rights, permissions, and authority to provide the required data. We shall act as per your representation of authority and shall not make any independent enquiries to ascertain the veracity of your authorization. In the event you do not have sufficient authorization then please do not provide any information to us otherwise you shall be solely responsible for your acts and omissions including sharing of information with us by you.
We have implemented reasonable security practices and procedures that are commensurate with the information assets being protected and with the nature of our business. While we try our best to provide security that is better than the industry standards, because of the inherent vulnerabilities of the internet, we cannot ensure or warrant complete security of all information that is being transmitted to us by you or any other stake holders.
2) Your Account and Authenticity
You will need to set up an account with us in order to access most aspects of the Services. You can log in as ‘Guest User’ or can become ‘Health Card User’. You have non-exclusive, personal, non-transferable, limited right to use your account. You must provide your accurate and valid personal information for the account like your Name, Email-address and Contact number (which belongs to you) so that we can contact you if we need to, such as to deliver any important notices, reminders or services.
- Types of User:
On the basis of features, we have divided two kind of User of the services:
- Health card user:
These are premium user who paid us for our exclusive services as well as for our health cards. They are eligible for basic as well as advance features of the application. These features includes Appointment booking, Doctor listing, Previous Appointment record, virtual covid care, women health information, EHR, invoices, emergency request, health videos, blood sugar, blood pressure and other vitals records, personalized attention from doctor etc.
2. Guest User:
These are those users whose usage of the application/services is limited with basic features. They can just book appointment with the listed doctors and can see previous appointment record, virtual covid care, women health information etc.
(*These classification and features are subject to change from time to time.)
- You understand and agree:
- By creating an account, you represent and warrant that all information that you provide on the registration form is current, complete and accurate to the best of your knowledge. You agree to maintain and properly update your registration information so that it remains current, complete and accurate at all times.
- Technozo shall not be responsible in any manner for the authenticity of the information supplied by the User to Technozo or to any other person acting on behalf of Technozo.
- We also strongly recommend changing your password on monthly basis, and that you should not share your password or account credentials with anyone else.
- You are solely responsible for maintaining the confidentiality of your account information, such as your username, password and health card, and for restricting access to your computer and other devices; you agree and understand that it will be deemed that you are using the services and you will be liable for any activity occurring through your account. We are not obliged to monitor the same.
- If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Technozo has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Technozo has the right to discontinue the Services to the User at its sole discretion.
- Technozo will not be held responsible for any harm /damage caused by misuse of the health card for accessing the personal health related information by any un- authorized third party.
- Damage/ loss/ theft of the Patient Health Card should be immediately reported to the Technozo immediately. Technozo will block/ issue duplicate health card on payment of the required fee.
- You may not use the Service in any manner that could damage, disable, overburden or impair Technozo or its affiliates computer systems or interfere with any other party’s use and enjoyment of any Service. You should not attempt to gain unauthorized access to any Service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Service.
4) Limitation of Liability
In no event shall the Company or its respective officers, directors, agents, employees, representatives, affiliates, parents, subsidiaries, sublicenses, successors and assigns, independent contractors, and related parties liable for any and all kind of special, incidental, indirect, or consequential damages whatsoever including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, output data or with the delay or inability to use same, or for any breach of security, or for any content, products, and services obtained through or viewed on the service, or otherwise arising out of the use of same, whether based on contract, tort, strict liability, regulation, common law precedent or otherwise, even if the respective party has been advised of the possibility of damages and even if such damages result from a party’s entity’s negligence or gross negligence or otherwise in connection with any provision of this Terms, even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
a) We understand the value of your information and we comply with national laws, regulations, practices and standards. We process your personal data lawfully, fairly and in transparent manner.
c) The company will diligently undertake processes and procedures to protect the privacy of the data collected from the User.
The company will not be bound by these terms if:
- Such information is already available in the public domain;
- The disclosure of information/data is by the User itself.
- Such information is mandated to be disclosed by the law in force or by an order of any jurisdictional Court of law or forum or regulatory authority, government or any enforcement judicial or quasi judicial body.
- It is caused due to circumstances beyond the control of the company
- Your information provided or uploaded by you or the HCP with us will be protected at all times in our cloud based server.
- We protect your information in accordance with HIPAA server security rule requirements.
- We are ISO 27001 certified.
- We have adopted reasonable security practices and procedures including managerial, technical, operational and physical security control measures like role-based access, password protection etc. to ensure that the Information collected are secure.
- We have collected your data for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes; further processing for archiving purposes in the public interest, scientific or historical research purposes, legal purposes or statistical purposes.
- Despite our sincere efforts, we make no representations or promises regarding security. It is possible that unauthorized individuals will obtain your information.
7)No Doctor-Patient Relationship between Us:
- We are not doctors and nor do we practice medicine, neither we provide medical consultation. We work as a facilitator who merely provides a technological platform and infrastructure that enables you to connect with listed HCP on the Service and to use the book appointment or call facilities of the Service that are designed to enable you to communicate with HCPs to consult or book appointment with HCP of your choice.
- All medical consultation or treatment shall be provided to you by the concerned HCP directly and as such, the HCP you consult with shall be solely responsible for compliance with all requirements applicable to his or her professional services provided to you and liable to you for all medical consultation, medical advice, diagnosis or treatment recommended or provided to you. We shall not be responsible or liable for any defect, deficiency or negligence in the medical consultation, diagnosis or treatment recommended to you by any HCP.
- Any conversations/ consultations that the Users have had with the HCP before, during or after the consultation are subject to doctor patient confidentiality. Both the users and the HCPs are bound by it. You shall not hold Technozo responsible for any such interactions and associated issues.
- HCP associated with us have signed / accepted contracts with us and represented to us that they are duly qualified to practice medicine in India and are enrolled on the Medical Register in one of the States in India. While we make reasonable enquiries to confirm the veracity of this representation made to us by the medical practitioners, we shall not be responsible for any misrepresentation or fraud in this regard. We do not recommend or endorse any HCP or make any representations or warranties with respect to the professional qualifications, quality of work, expertise of the medical practitioner may provide to you. You should make reasonable queries before consulting any doctor at your own risk.
- Any diet plans or advice or information that may be provided on or through the Service is for information only, does not constitute a medical opinion or advice or a diagnosis or treatment and is not a substitute for professional medical advice, diagnosis or treatment.
- You shall not use any kind of abusive or defamatory language on any of our platform. In the event of an abuse reported by a HCP, Technozo reserves the right to block such Users from all our platforms.
8) No Warranty of Quality of Service:
- Your use of the service is at your own risk. The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its respective officers, directors, agents, employees, representatives, affiliates, parents, subsidiaries, sublicenses, successors and assigns, independent contractors, related parties and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of operation or availability or merchantability or fitness for a particular purpose; or of informational content reliability or accuracy; or of non-infringement; or of performance or of title; or that the service will operate in an error free, timely, secure, or uninterrupted manner, or is free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components; or that any defects or errors in the service will be corrected, that the service is compatible with any particular hardware or software platform, or that we will enforce the terms of service against others to your satisfaction.
- Technozouses reasonable efforts to check and accurately publish and categorize HCP or other affiliate’s information and other information. Technozo still does not guarantee or warrant the correctness or completeness of such information or materials and assume no legal liability or responsibility. The user assumes all responsibility and risk for the use of the Technozo website, software application and the internet generally. Users acknowledges and agrees that he/she is herself/himself responsible for determining the accuracy and completeness of all information and materials published on the Technozo Website or App, including without limitation whether the categorization of such information and materials is correct. In no event shall Technozo or its affiliates be liable for any special, indirect, or consequential damages or any damages whatsoever, arising out of or in connection with the use or performance of the information on or accessed through the Technozo’s website.
- Technozo shall not undertake warranty for any loss/damage/injury caused to the User or to any other person for whom such services were availed, in the course of care and treatment provided by the HCP.
- Technozo shall not be liable for any acts or omissions of the HCP which amount to medical negligence or professional misconduct or deficiency in service or violation of any law in force.
- Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service, this site or its content will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, timely, secure, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
- Technozo assumes no responsibility for any damages suffered by a user, including, but not limited to, loss of data from delays, non-deliveries of content or email, errors, system down time, mis-deliveries of content or email, network or system outages, file corruption, or service interruptions caused by the negligence of Technozo, its affiliates, its licensors, or a user’s own errors and/or omissions except as specifically provided herein, Technozo disclaims any warranty or representation that confidentiality of information transmitted through the site will be maintained. No advice or information, whether oral or written, obtained by you from Technozo or through the site shall create any warranty not expressly stated in writing.
- Technozo’s role is that of an ‘intermediary’ as defined under the Information Technology Act, 2000 and the rules there under. Being an intermediary, Technozo has no responsibility and / or liability in respect of the content and transactions on the Website. You understand that we may now or hereafter govern the collection, use, transmission, processing, receipt, reporting, disclosure, maintenance, and storage of User Information, including but not limited to the Information Technology Act, 2000 and The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 made there under.
- By indemnifying does not mean that you will act as Technozo representative in any manner. Technozo reserves the right to or not to appoint a legal counsel to defend itself in any claims, cases, complaints in which you are required to defend, indemnify, or hold Technozo harmless. You cannot settle any claims in any manner that may imposes any obligations or restrictions on Technozo, without Technozo’s prior written consent.
10) Advertisement Policy
For Third Party Advertisements, links and websites:
- Technozo may from time to time contain material, data, or information provided, posted, or offered by third parties. You agree that neither Technozo nor its affiliates shall be liable for any advertising representations or claims made by the Third Party and/or the quality and authenticity of the products, material, data, information or services advertised.
- The contents of the advertisement are meant only for commercial and promotional purposes. The App shall not be responsible for any harm, damage or loss caused by reliance on such representations or publicity.
- We do not endorse or take responsibility for the content of those websites, we are not responsible for the availability or non-availability of them and will not be liable in any way for any loss or damage which you may suffer by your use or inability to use those websites.
We may also provide some informative animated videos for our Users time to time. The information provided there is for informational purposes only and not to be used as a substitute for professional medical advice, diagnosis, or treatment. You should always seek the advice of your appropriately qualified HCP with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read or seen on the website/Video. Although we attempt to provide accurate and up-to-date information, no guarantee is made to that effect.
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 Technozo. Any consent by Technozo to, or a waiver by Technozo 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. Neither Party shall assign or otherwise transfer any rights conferred upon it by this Agreement without the prior written consent of other party.
13) Force Majeure
Neither party to these terms will be deemed responsible or liable for its failure to perform or delay in performance under these Terms where such delay or failure is beyond its control, such as where caused by strikes or labor disputes, internet or telecommunications failures, shortages of or inability to obtain labor, energy, or supplies, war, terrorism, riot, acts of God or governmental action, natural disasters including floods, earthquakes and hurricanes, acts by hackers or other malicious third parties and problems with the Internet generally, and such performance shall be excused to the extent that it is prevented or delayed by reason of any of the foregoing.
- The relationship between you and us is that of independent contractors, and nothing in these Terms of Service grant you any ownership right, title or interest or any other relationship such as a partnership or an employer/employee or agency relationship.
- All intellectual property rights (whether registered or not) and title to the Services including the present or future enhancement/ modifications / upgradations thereof shall remain the property of Technozo and its affiliates.
15) Refusal of Services or Termination:
- In the event User makes avail the App to unauthorized Users other than what is agreed in the App.
- In the event the Patient is not present himself or herself while availing the Services vide the App, the HCP may refuse to provide the Services to the representative of the Patient, if any, except when the presence of such Patient is not possible due to medical reasons or if the said Patient is legally incompetent to avail the Services by himself or herself.
- If the User host, display, upload, modify, rectify, publish, transmit, update or share any information that:
- Is unlawful, illegal, unjust, harmful, threatening, harassing, tortious, pedophilic, defamatory, vulgar, obscene, invasive of another’s privacy,
- Is hateful, or racially, ethnically or otherwise objectionable; relating or
- is encouraging money laundering or gambling, or otherwise Suspicion of any illegal activity being conducted in unlawful manner whatever;
- Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Transmit any unsolicited or unauthorized promotion (including without limitation “junk mail”, “spam”, “chain letters” or “pyramid schemes”);
- Transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- Interfere with or disrupt the services or servers or networks connected to the services, or disobey any requirements, procedures, policies or regulations of networks connected to the services; or collect or store personal data about other users;
- use the System for time-sharing, rental or service bureau purposes;
- copy, reverse engineer, decompile or disassemble the System or the Website, in whole or in part, or otherwise attempt to discover the source code to the software used in the System;
- Modify the System or associated software or combine the System with any other software or services not provided or approved by Us.
- harm minors in any way;
- infringes any Intellectual Proprietary rights;
- deceives or misleads the addressee about the origin of such messages
- 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 cognisable offence or prevents investigation of any offence or violates any law for the time being in force.
- Or for any other cause Technozo deems fit.
16) Jurisdiction, Mediation, and Arbitration/ Dispute Resolution:
- The Parties shall comply with all relevant laws, bye-laws, rules, regulations, orders, notifications, judgments and decrees in force, applicable to it and its business operations enforced either by the Union Government and/or by the respective State Governments, in their respective jurisdiction.
- You will use the Website, mobile software application and other features/services in relation to and in compliance with all applicable Indian laws. You will not use the services for any illegal or unlawful or any other purposes not intended under this Agreement.
- We believe that most of the disputes can be solved without resorting to litigation. You and we agree to use reasonable efforts to settle any dispute or claim, and good faith negotiations and we first submit the dispute to Mediation. To commence this procedure, you agree to contact our support department at firstname.lastname@example.org or we may contact you using the last available information we have for you.
- If the dispute remains unresolved, within a period of fifteen (15) days from the time informal dispute resolution it shall be submitted to Arbitration to be adjudicated by sole Arbitrator appointed by Technozo. The arbitration process shall be in accordance with the Arbitration and Conciliation Act, 1996. The award by the said Arbitrator shall be final and binding to all the parties herein.
- All the disputes arising out of the services or otherwise shall be exclusively adjudicated under the jurisdiction of Mohali Court only.
- Nothing contained in these terms takes the right of the Company to file for injunctive, statutory, punitive or any immediate relief required by the Company at the time being in force.
The headings and subheadings herein are included for convenience and organization only and are not intended to describe, interpret, define or limit the scope, extent or intent of these Terms.
- You acknowledges that the Company is a mere facilitator for providing systematic, consistent, efficient and convenient medical services from the HCP using Technozo services.
- You have understood the risk associated with the usage and agree to abide by all the rules, regulation, terms and conditions of the Company.
- In case of any negligence on the part of the HCP the condition of the patient deteriorates, Technozo shall not be responsible and cannot be held liable for any loss or damage or negligence as per the terms and conditions mentioned herein.
- You are responsible for accessing the Company network, systems, or application only through encrypted connections.
- You are responsible for maintaining up-to-date OS (operating system) patching and active antimalware on the end-user devices used to connect to the Company environment.
- You are responsible for keeping user IDs, health cards and passwords used to access Company systems confidential at all times. Users are required to notify Company immediately of all unauthorized use of your account and if the security or secrecy of your account login information has been compromised or your health card is lost or stolen.
- You may be held responsible for any losses incurred by Technozo or any other user of the Service that are in any way related to your failure to maintain the security of your account information.
- You agrees to keep Company Intellectual Property and proprietary information confidential and will not try to establish ownership or represent Technozo in any manner.
- You shall not hold Technozo responsible for any issues associated with the HCP concerning facilitating of services provided by the HCP, as it is strictly between the User and the HCP and Technozo has no role to it.
- You are responsible for the terms for availing various services from the HCP on Technozo. In case of any breach of service between various users Technozo shall not be held responsible. Technozo is not responsible for any conflict arising out of your payment issues to the HCP for their medical services. Decision to use any payment gateway to make payments online, is solely at your own discretion.
- Technozo has no liability if an appointment is later cancelled by the HCP, or the same HCP is not available for appointment.
- We may share aggregated or de-identified information such as statistics about our customers, sales, product usage or traffic patterns, and related website information. This information will not include any information directly identifying you.
- When you use our mobile application, we may share your geo-location data with a third-party service provider for the purpose of enhancing your searching ability.
- You agree that Technozo can contact you, using any of the contact details provided by you including via emails, or any other electronic and internet-based means, for obtaining feedback regarding the Services or for offering new products or services, whether offered by us, or our respective affiliates or partners. Technozo may also record and access such call recordings for quality control and training purposes.
- You agree and acknowledge that Technozo shall not be obliged to give effect to any suggestions made received from you in the form of feedback or review.
- Technozo reserve the right to refuse service or terminate accounts at our discretion, if we believe that you have violated or are likely to violate applicable law or these Terms and Conditions.
18) Grievance Redressal
a) If you have any questions or queries about us then you can contact us as email@example.com.
b) We have appointed a grievance Officer to redress your grievances. If you have issues, concern or grievance with respect to the Service, please contact us through below given details, we will go through the matter and take such action as we deem appropriate under the circumstances.
Grievance Officer : Rajinder Kumar
Technozo Cloud Solution Pvt. Ltd.
Plot No. 8, Gali No. 1 Wazirabad,
Gurgaon Haryana (India) 122001