Nirvikar Consultancy LLP is the author, publisher and owner of the internet resource www.ehealthhero.com. Nirvikar Consultancy LLP has branded its healthcare solution/software “HealthHero”. The solution/software comprising website, mobile and web applications is collectively referred to as “website” hereinafter).
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 (“End-User”, “you” or “User”); or Otherwise a user of the Website (“you” or “User”).
This Agreement applies to those services made available by HealthHero through its platform and associated mobile applications and web-based applications, which are offered with a Convenience Fee to the Users (“Services”), including the following:
Listing of Practitioners and their profiles and contact details, to be made available to the other Users and visitors of the Website;
For other Users:
The Services may change from time to time, at the sole discretion of HealthHero, 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 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 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 HealthHero.
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”).
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 HealthHero 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.
3.1 END-USER ACCOUNT AND DATA PRIVACY
HealthHero 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 HealthHero’s services and to build new services.
The Website allows HealthHero 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.
HealthHero 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 HealthHero or to any other person acting on behalf of HealthHero.
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 HealthHero of any actual or suspected unauthorized use of the User’s account or password. Although HealthHero will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of HealthHero or such other parties as the case may be, due to any unauthorized use of your account.
If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or HealthHero has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, HealthHero has the right to discontinue the Services to the User at its sole discretion.
HealthHero may use such information collected from the Users from time to time for the purposes of debugging customer support related issues.
HealthHero 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 HealthHero. HealthHero will not be liable for any change in the relevance of the Practitioners on search results, which may take place from time to time.HealthHero 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
HealthHero 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. HealthHero takes reasonable efforts to ensure that such information is updated at frequent intervals. Although HealthHero 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.
The Services provided by HealthHero 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). HealthHero does not provide or make any representation, warranty or guarantee, express or implied about the Website or the Services. HealthHero 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, HealthHero 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 HealthHero or any User in relation to any User or services provided by such User.
The Website may be linked to the website of third parties, affiliates and business partners. HealthHero 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 HealthHero endorses the linked site. User may use the links and these services at User’s own risk.
HealthHero 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.
If HealthHero determines that you have provided fraudulent, inaccurate, or incomplete information, including through feedback, HealthHero reserves the right to immediately suspend your access to the Website or any of your accounts with HealthHero and makes such declaration on the website alongside your name/your clinic’s name as determined by HealthHero for the protection of its business and in the interests of Users. You shall be liable to indemnify HealthHero for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected HealthHero or its Users.
3.4 BOOK APPOINTMENT
HealthHero enables Users to connect with Practitioners through HealthHero Mobile application
HealthHero will ensure Users are provided confirmed appointment on the Book facility. However, HealthHero has no liability if such an appointment is later cancelled by the Practitioner, or the same Practitioner is not available for appointment.
The results of any search Users perform on the Website for Practitioners should not be construed as an endorsement by HealthHero 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.
Without prejudice to the generality of the above, HealthHero 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 HealthHero will not be liable for:
In case of a Patient is not in a position to visit the doctor whose appointment he or she had fixed, he or she should inform the hospital/doctor and arrange to cancel the appointment in advance respecting the schedule of the doctor. If the patient does this repeatedly- the act of booking an appointment and subsequently cancelling the same, HealthHero will take remedial action against such patient that it deems fit.
3.5 NO DOCTOR-PATIENT RELATIONSHIP; NOT FOR EMERGENCY USE
Please 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 may be provided by individuals in the medical profession. The provision of such Information does not create a licensed medical professional/patient relationship, between HealthHero 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.
It is hereby expressly clarified that, the Information that you obtain or receive from HealthHero, 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.
The 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 on another person’s behalf), please contact an ambulance service or hospital directly.
3.6 CONTENT OWNERSHIP AND COPYRIGHT CONDITIONS OF ACCESS
The contents listed on the Website are
The information that is collected by HealthHero directly or indirectly from the End- Users and the Practitioners shall belong to HealthHero. Copying of the content published by HealthHero on the Website for any commercial purpose or for the purpose of earning profit will be a violation and HealthHero reserves its rights under applicable law accordingly.
HealthHero authorizes 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, “HealthHero Content”), are the property of HealthHero and are protected under law. User shall not modify the HealthHero Content or reproduce, display, publicly perform, distribute, or otherwise use the HealthHero Content in any way for any public or commercial purpose or for personal gain.
User shall not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
3.7 MY RECORDS
HealthHero may provide End-Users with a free facility known as ‘My Records’ on its mobile application ‘HealthHero’. Information available in your Records is of two types: User-created: Information uploaded by you or information generated during your interaction with HealthHero ecosystem, eg: appointment, medicine or test order placed by you.
Practice-created : Health Records generated by your interaction with a Practitioner who uses ‘HealthHero Ray’ or other Services of HealthHero software.
Any Practice created Health Record is provided on an as-is basis at the sole intent, risk and responsibility of the Practitioner and HealthHero 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.
The Health Records are provided on an as-is basis. While we strive to maintain the highest levels of service availability, HealthHero is not liable for any interruption that may be caused to your access of the Services.
The reminder provided by the Records is only a supplementary way of reminding you to perform your activities as prescribed by your Practitioner.
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. HealthHero is not responsible for any loss or inconvenience caused due to your failure in updating the contact details with HealthHero.
HealthHero uses industry–level security and encryption to your Health Records. However, HealthHero 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 HealthHero of such unauthorized use or access. Please safeguard your login credentials and report any actual suspected breach of account to firstname.lastname@example.org.
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, had they 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. HealthHero assumes no responsibility for any claim, dispute or liability arising in this regard, and you shall indemnify HealthHero and its officers against any such claim or liability arising out of unauthorized use of such information.
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.
You may lose your “User created” record, if the data is not synced with the server.
If the Health Record is unassessed for a stipulated time, you may not be able to access your Health Records due to security reasons.
HealthHero is not liable if for any reason, Health Records are not delivered to you or are delivered late despite its best efforts.
The Health Records are shared with the phone numbers that are provided by your Practitioner. HealthHero is not responsible for adding the Heath Records with incorrect numbers if those incorrect numbers are provided by the Practitioner.
HealthHero 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.
HealthHero 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.
HealthHero will follow the law of land in case of any constitutional court or jurisdiction mandates to share the Health Records for any reason.
You agree and acknowledge that HealthHero may need to access the Health Record for cases such as any technical or operational issue of the End User in access or ownership of the Records.
You acknowledge that the Practitioners you are visiting may engage HealthHero’s software or third party software for the purposes of the functioning of the Practitioner’s business and HealthHero’s services including but not limited to the usage and for storage of Records in India and outside India, in accordance with the applicable laws.
To the extent that your Records have been shared with HealthHero or stored on any of the HealthHero 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 HealthHero pertaining to such previously visited clinics and hospitals who have tie ups with HealthHero for the purposes of their business and for HealthHero’s services including but not limited to the usage and for storage of Records in India and outside India, in accordance with the applicable laws and further agree, upon creation of your account with HealthHero, to the mapping of such Records as may be available in HealthHero’s database to your User account.
The Website can be used by the Users to purchase various drugs and pharmaceutical products that requires a valid medical prescription issued by a Practitioner to be provided to a registered pharmacist for the purpose of dispensing such medicine (“Prescription Drugs”), In order to purchase Prescription Drugs from the Website, The drugs can only be offered as prescribed by Practitioner using HealthHero Platform. Pharmacies will verify the prescription forwarded by You and in case of Pharmacy(s) observe any discrepancy in the prescription, the Pharmacy(s) will cancel the order immediately.
Website shall maintain a record of all the prescriptions uploaded by the Users.
The terms in this Clause 4 are applicable only to Practitioners.
4.1 LISTING POLICY
HealthHero, directly and indirectly, collects information regarding the Practitioners’ profiles, contact details, and practice. HealthHero 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 HealthHero immediately to enable HealthHero to make the necessary amendments.
HealthHero shall not be liable and responsible for the ranking of the Practitioners on external websites and search engines
HealthHero 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, HealthHero shall not be liable if any inactive, inaccurate, fraudulent, or non- existent profiles of Practitioners are added to the Website.
Practitioners explicitly agree that HealthHero reserves the right to publish the Content provided by Practitioners to a third-party including content platforms.
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 HealthHero accepts no liability for the same.
4.2 PROFILE OWNERSHIP AND EDITING RIGHTS
HealthHero ensures easy access to the Practitioners by providing a tool to update your profile information. HealthHero reserves the right of ownership of all the Practitioner’s profile and photographs and to moderate the changes or updates requested by Practitioners. However, HealthHero 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 HealthHero’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, HealthHero 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 HEALTHHERO
All Critical Content is content created by the Users of www.ehealthhero.com (“Website”) and the clients of HealthHero customers and Practitioners, including the End-Users. As a platform, HealthHero 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.
HealthHero reserves the right to collect feedback and Critical Content for all the Practitioners, Clinics and Healthcare Providers listed on the Website.
HealthHero 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.
You understand that by using the Services you may be exposed to Critical Content or other content that you may find offensive or objectionable. HealthHero 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. HealthHero 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 Clause 5 of these Terms.
HealthHero 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.
If HealthHero determines that you have provided inaccurate information or enabled fraudulent feedback, HealthHero reserves the right to immediately suspend any of your accounts with HealthHero and makes such declaration on the website alongside your name/your clinics name as determined by HealthHero for the protection of its business and in the interests of Users.
4.4 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 HealthHero.
4.5 HealthHero REACH RIGHTS
HealthHero 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, HealthHero will not be liable for the accuracy of information or the claims made in the Sponsored ads. HealthHero does not encourage the Users to visit the Sponsored ads page or to avail any services from them. HealthHero 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 HealthHero accepts no liability for the same.
4.6 BOOK APPOINTMENT AND CALL FACILITY
As a valuable partner on our platform we want to ensure that the Practitioners experience on the HealthHero booking platform is beneficial to both, Practitioners and their Users.
Practitioner understands that, HealthHero 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 HealthHero.
As mandated by Regulation 3(2) of the IG Rules, HealthHero hereby informs Users that they are not permitted to host, display, upload, modify, publish, transmit, update or share any information that:
5.2 Users are also prohibited from: