TERMS AND CONDITIONS
INDHEAL Solutions Private Limited, a Company incorporated under the Companies Act, 1956 having its registered trade mark under the name and style “INDHEAL” and is the author and publisher of the website “www.indheal.com”(“Platform”).1. NATURE OF THE AGREEMENT
The content and the services provided on these pages and through the website are owned, operated and provided by INDHEAL and are provided for your personal, non-commercial use only, subject to the terms and conditions set out below.By accessing, browsing and using our website or any of our applications and services (hereafter collectively referred to as the “Services”), you acknowledge and agree to have read, understood and agreed to the Agreement set out below (including the privacy statement). If you do not agree with any part of the Agreement, please do not use the Platform or avail any Services.
The Services may change from time to time, at the sole discretion of INDHEAL, and the Agreement will apply to your use of the Platform to casually visit the website or to avail the Service, as well as to all information provided by you on the Platform at any given point in time.
This Agreement defines the terms and conditions under which you are allowed to use the Platform and describes the manner in which we shall treat your account while you are registered with us. If you have any questions about any part of the Agreement, feel free to contact us at email@example.com.
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 binding on you. 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.
Your access to use of the Website and the Services will be solely at the discretion of INDHEAL.
The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but not limited to:
i. the Indian Contract Act, 1872,
ii. the (Indian) Information Technology Act, 2000, and
iii. 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”).
The Agreement applies to you whether you are –
1. 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 Platform, including designated, authorized associates of such practitioners or institutions (“Practitioner(s)”, “you” or “User”); or
2. A patient, his/her representatives or affiliates, searching for Practitioners through the Website (“End-User”, “you” or “User”); or
3. Otherwise a user of the Website (“you” or “User”).
You must be 18 years of age or older to register, use the Services, or visit or use the Platform in any manner. By registering, visiting and using the Platform or accepting this Agreement, you represent and warrant to INDEHAL that you are 18 years of age or older, and that you have the right, authority and capacity to use the Platform and the Services made available through the Platform, and agree to and abide by this Agreement.
Our Service is made available for personal and non-commercial use only. Therefore, you are not allowed to re-sell, deep-link, use, copy, monitor (e.g. spider, scrape), display, download or reproduce any content or information, software, bookings or appointment, treatments or services available on our Platform for any commercial or competitive activity or purpose.3. SERVICES
INDHEAL provides Users a facility through the platform to connect with healthcare providers to select a provider for their treatment needs
By making an appointment or booking through INDHEAL.COM , you enter into a direct (legally binding) contractual relationship with the healthcare provider with which you make an appointment for the services or treatment. Further it is also agreed by you that any data received by us at the time of booking would be transferred to the healthcare provider and it is the sole discretion of the healthcare provider to accept your booking or not. From the point at which you make your booking, we act solely as an intermediary between you and the healthcare provider, transmitting the details provided by you to the relevant healthcare provider and sending you a confirmation email for and on behalf of the healthcare provider. The accuracy of the data/document that you provide us is at your sole risk.
When rendering our Service, the information that we disclose is based on the information provided to us by the healthcare providers. Although we will use reasonable skill and care in performing our Service, we will not verify if, and cannot guarantee that, all information is accurate, complete or correct, nor can we be held responsible for any errors (including manifest and typographical errors), any interruptions (whether due to any (temporary and/or partial) breakdown, repair, upgrade or maintenance of our Platform or otherwise), inaccurate, misleading or untrue information or non-delivery of information.
Each healthcare provider remains responsible at all times for the accuracy, completeness and correctness of the (descriptive) information (including the rates and availability) displayed on our Platform. Our Platform does not constitute and should not be regarded as a recommendation or endorsement of the quality, service level, qualification or (star) rating of any healthcare providers (or its facilities, treatment or services) made available.FACILITATION OF ONLINE DISCUSSION WITH HEALTHCARE PRACTITIONER
INDHEAL provides Users a facility through the platform to connect with healthcare practitioners.
It is agreed by you that any data received by us at the time of booking would be transferred to the practitioner and it is the sole discretion of the hospital to accept your booking or not. From the point at which you make your booking, we act solely as an intermediary between you and the hospital, transmitting the details provided by you to the relevant hospitals and sending you a confirmation email for and on behalf of the hospitals. The accuracy of the data/document that you provide us is at your sole risk.
When rendering our Service, the information that we disclose is based on the information provided to us by the healthcare practitioners. Although we will use reasonable skill and care in performing our Service, we will not verify if, and cannot guarantee that, all or entire information provided is accurate, complete or correct, nor can we be held responsible for any errors (including manifest and typographical errors), any interruptions (whether due to any (temporary and/or partial) breakdown, repair, upgrade or maintenance of our Platform or otherwise), inaccurate, misleading or untrue information or non-delivery of information.
Each healthcare practitioner remains responsible at all times for the accuracy, completeness and correctness of the (descriptive) information (including the rates and availability) displayed on our Platform. Our Platform does not constitute and should not be regarded as a recommendation or endorsement of the quality, service level, qualification or (star) rating of any practitioner.PLATFORM FOR MEDICINE AND WELLNESS PRODUCTS
INDHEAL facilitates the purchase of medicines and other pharmaceutical products and services (which shall also include OTC and wellness products) offered by third-party licensed companies. All items offered for sale on the Website are third party products. INDHEAL has no control over such third party products or content. The Company shall have no liability with respect to the quality and authenticity of the Pharmaceutical Goods and Services being facilitated through the Platform.
By using the Platform, you acknowledge and understand that any information provided here is not intended to serve as a substitute for clinical advice and should not be relied upon while making treatment related decisions. You are hereby notified that the medicines and/or medicinal products related information differs from country to country and varies from region to region and hence the information/content published herein is India specific and neither INDHEAL nor the content owner is responsible for the applicability of the content outside India.
While we use all reasonable efforts to gather the information from reliable sources, however, you understand that the information contained in this feature is brought to you from third party sources. INDHEAL shall not be responsible or in any manner be liable for the accuracy of the information or for any errors, omissions or inaccuracies, or for any consequences arising therefrom. INDHEAL does not advocate or reject the use of a particular medicine and/or medicinal product listed or not listed on the platform.
To avail certain services on our Platform, users are required to provide certain information for the registration process namely: - a) your name, b) email address, c) mailing address d) PIN code, f) credit card or debit card details e) medical records and history. The Information as supplied by the users enables us to improve our sites and provide you the most user-friendly experience.
All required information is service dependent and we may use the above said user information to, maintain, protect, and improve its services and for developing new services
Such information will not be considered as sensitive if it is freely available and accessible in the public domain or is furnished under the Right to Information Act, 2005 or any other law for the time being in force.COOKIES
To improve the responsiveness of the sites for our users, we may use "cookies", or similar electronic tools to collect information to assign each visitor a unique, random number as a User Identification (User ID) to understand the user's individual interests using the Identified Computer. Unless you voluntarily identify yourself (through registration, for example), we will have no way of knowing who you are, even if we assign a cookie to your computer. A cookie cannot read data off your hard drive.
Our web servers automatically collect limited information about your computer's connection to the Internet, including your IP address, when you visit our site. (Your IP address is a number that lets computers attached to the Internet know where to send you data -- such as the web pages you view.) Your IP address does not identify you personally. We use this information to deliver our web pages to you upon request, to tailor our site to the interests of our users, to measure traffic within our site and to know the geographic locations from where our visitors come.LINKS TO THE OTHER SITES
Our policy discloses the privacy practices for our own web site only. Our site provides links to other websites also that are beyond our control. We shall in no way be responsible or liable in any way for your use of such sites.INFORMATION SHARING
We will share the medical history and other information that is collected with the medical practitioner or health care provider in order to provide the right services to you. We will also be sharing your contact details and mailing address with our partner courier companies for the delivery of medicines.
We share the sensitive personal information to any third party without obtaining the prior consent of the user in the following limited circumstances:
(a) When it is requested or required by law or by any court or governmental agency or authority to disclose, for the purpose of verification of identity, or for the prevention, detection, investigation including cyber incidents, or for prosecution and punishment of offences. These disclosures are made in good faith and belief that such disclosure is reasonably necessary for enforcing these Terms; for complying with the applicable laws and regulations.
We take appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of data. These include internal reviews of our data collection, storage and processing practices and security measures, including appropriate encryption and physical security measures to guard against unauthorized access to systems where we store personal data.
All information gathered on our Website is securely stored within our controlled database. The database is stored on servers secured behind a firewall; access to the servers is password-protected and is strictly limited. However, as effective as our security measures are, no security system is impenetrable. We cannot guarantee the security of our database, nor can we guarantee that information you supply will not be intercepted while being transmitted to us over the Internet.TERMINATION
INDHEAL reserves the right to suspend or terminate a User’s access to the Platform and the Services with or without noticeDATA RETENTION AND REMOVAL
INDHEAL 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. Computer web server logs may be preserved as long as administratively necessary.5. Shipment & Delivery
INDHEAL understands that getting your items quickly is important to you and you can trust that your order will be quickly processed and safely delivered. We have partnered with multiple courier providers for shipment of orders and based on your location, we may ship your order through any one of them. We ship products almost anywhere in India other than a few locations which our courier partners do not serve. We usually get your shipment delivered within 2-22 business days of your placing the order on our Platform.
If there is any further delay in shipping the products, our team will call you and update you regarding the same.
Even though we try our best to ensure on-time delivery through our courier providers , there are certain conditions under which the delivery may get delayed. These include, but are not limited to, the following
- Incorrect shipping address
- Nobody available at shipping address
- Extreme weather conditions
- Other Force Majeure
While we do our best to ensure that you are completely satisfied with our products, we understand that there are cases where you may need a refund. And we are happy to issue a full refund based on the conditions listed below:
- you received a defective item;
- the ordered item(s) is lost or damaged during transit;
- the ordered item(s) is past its expiry date.
Please note: Mode of refund may vary depending on circumstances. If the mode of refund is by Credit/Debit Card or Net Banking, please allow 7 to 10 working days for the credit to appear in your account. While we regret any inconvenience caused by this time frame, it is the bank's policy that delays the refund timing and we have no control over that.
How to Request a Refund:
To request a refund, simply email us your order details at "firstname.lastname@example.org". The email should clearly specify the reason why you're requesting a refund along with the order details. Refund request should be sent to us within 24 hours from the time that you received the package.
If you have any queries, do email us at email@example.com. We're here to support you!IMPORTANT NOTE:
There will not be any refund permitted for the doctor discussion service.CANCELLATION
The Platform provides the users a method to schedule a discussion with the registered healthcare practitioners. Once the appointment has been made and a confirmation has been given to the User, INDHEAL shall inform the healthcare practitioner who shall render the consult at the agreed time, location and mode provided at the time of booking the service.
Once an appointment has made and it is confirmed at our end, no amount shall be refunded, in the event of a cancellation. However, in certain circumstances, INDHEAL at its discretion shall permit a refund of the full or partial amount if the healthcare practitioner becomes unavailable for any reason. The decision of INDHEAL shall be final in such cases.7. LIMITATION OF LIABILITY
In no event, including but not limited to negligence, shall INDHEAL, 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, 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.
You agree that this Agreement and any contractual obligation between INDHEAL and User will be governed by the laws of India.
o 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 by arbitration in India, before a sole arbitrator appointed by INDHEAL. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be Bangalore. 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.
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.