IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TOS, we request you DO NOT USE THE PLATFORMS.
- Acceptance of Terms
Your use of the Platforms is subject to these TOS, which may be updated, amended, modified or revised by HealthPlix from time to time without any notice to you. It is important for you to refer to these TOS from time to time to make sure that you are aware of any additions, revisions, amendments or modifications that we may have made to these TOS. Your use of the Platforms and engagement with HealthPlix constitutes your acceptance of these TOS. Your use of the Services herein is under a limited, non-transferable, non-licensable, non-assignable licence to use the Services granted by HealthPlix only for the purposes mentioned herein.
- Use of Services
The Platforms and Services are designed to assist the Doctors to store, obtain and review health information of the Patients who visit their clinics or hospitals. The Doctor can review the health information such as the Patient’s vitals, medical reports, medical records, medical images, etc. (“Data”) and provide feedback, advice and suggestion or any other information that may be relevant to the Patient. The Platforms and Services are designed to allow the Doctors to seamlessly access their Patient Data via the Platforms and use the Data to provide healthcare services to the Patients. We endeavour to provide a functional and convenient Service through our Platforms, but we do not guarantee that your web browser, or mobile device will be compatible with the Platforms or the Services or that the Platforms and Services will be available uninterrupted or that any content will be error free. HealthPlix is not responsible for any interruption in Services or availability of Platforms due to, but not limited to, changes or updates in individual clinic’s practice, network failure, or any other technical incident. HealthPlix reserves the right, at its sole discretion, to modify or replace all or any part of the TOS (including, without limitation, pricing and payment terms), or change, suspend, or discontinue all or any part of the Services or Platforms at any time by posting a notice on the Platforms or by informing you through any other modes of communication. It is your responsibility to check the TOS periodically for changes. Your continued use of the Platforms or the Services following the posting of any changes to the TOS constitutes acceptance of those changes.
The Doctors represent and warrant that they have taken the appropriate consent from Patients before storing, or sharing with any third parties, any of the Patients’ information including but not limited to personally identifiable information, health records, demographic information and financial information etc.
As part of the registration process you will need to create an account, including a username and password. It is your responsibility to ensure that the information you provide is accurate, not misleading and secure. You shall be responsible for keeping your credentials in safe custody. HealthPlix will not be liable for any losses or claims arising out of misuse of Platforms or Services accessed with your credentials. You cannot create an account or username and password using the names and information of another person or using words that are the trademarks or the property of another party (including ours), or vulgar, obscene or in any other way inappropriate. We reserve the right with or without notice to suspend or terminate any account in breach. Doctors represent and warrant that they are licensed medical practitioners registered with the Medical Council of India (MCI) and there are no legal or regulatory impediments which prevent you from practising medicine in India.
4. Data Confidentiality
a) Responsibility of Doctors and Staff
Through your use of the Platforms, you shall have access to sensitive and valuable Data of the Users which may include medical records, medical information, personal information or any other information as may be required. Additionally, Doctors and their Staff agree to treat as confidential all Data that they have been provided access to, and that they shall make their best efforts to maintain the confidentiality of such Data. Doctors and their Staff should be aware of the Patient confidentiality requirements and observe all caution and the applicable duty of care in provision of services under these TOS. The Data, provided by the Patient or entered by the Doctor or the Staff. The Platforms present the Patient Data to the Doctors in an As-Is manner and the Platforms do not make any warranties, representations, etc. on the accuracy and correctness of the Data.
b)Restrictions on Use of Platforms. Doctors and Staff agrees that they shall not:
i. and shall not permit anyone to: (i) copy or republish the Platforms, except as may be provided herein; (ii) make the Platforms available to any person other than its authorized personnel, (iii) remove, modify or obscure any copyright, trademark or other proprietary notices contained in the Platforms, (iv) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of Platforms or (vii) access the Platforms in order to build a similar or competitive product. Doctors and Staff shall not access (or attempt to access) the Platforms and the materials or services by any means other than through the interface that is provided by Company.
ii. use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platforms or content, or in any way reproduce or circumvent the navigational structure or presentation of the Platforms, materials or any content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Platforms.
iii. attempt to gain unauthorized access to any portion or feature of the Platforms, any other systems or networks connected to the Platforms, to any Company server, or to any of the services offered on or through the Platforms, by hacking, password mining or any other illegitimate means.
iv. probe, scan or test the vulnerability of the Platforms or any network connected to the Platforms, nor breach the security or authentication measures on the Platforms or any network connected to the Platforms. Doctors and Staff may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Platforms, or any other customer of Company, including any Company account not owned by Doctors, to its source, or exploit the Platforms or Services or information made available or offered by or through the Platforms, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Doctors’ own information, as provided for by the Platforms;
v. disrupt or interfere with the security of, or otherwise cause harm to, the Platforms, systems resources, accounts, passwords, servers or networks connected to or accessible through the Platforms or any affiliated or linked sites.
In case of breach of this provision, all parties including but not limited to Users shall be liable to pay Company a pre-agreed liquidated damages amount to INR 1,00,00,000 (One crore only).
b) Non-Disclosure by HealthPlix
The Company shall not share the Data with other doctors or clinics or hospitals. In other words, the Company shall not engage in any activity that can be construed as “poaching of patients”. HealthPlix will store the Data on a secure cloud infrastructure and/or third-party servers chosen by HealthPlix or built by HealthPlix. HealthPlix is committed to protecting the identity of the Users. The following security procedures have been put in place by us to protect Data:
a) Access to the Services is only after the user keys in his username and password. The username and password have to be successfully authenticated post which the access to the Platforms and Services is granted. Users are fully and solely responsible for any or all use of the Platforms or the Services while accessing these using the username and password (upon successful authentication).
b) To prevent impersonation, your password is never stored in plain text format on any of our servers.
c) The communication between your device and our servers will be through a secure HTTPS connection.
d) A secure session is established with the help of a session token for providing access to the Patient Data after the Doctors or the Staff have successfully authenticated their username and password
e) Role based access to database depending on the roles assigned by the Doctor to his/her Staff
i. for the purpose of research and publications, statistical analysis, generating Real World Evidence (RWE) algorithmically,
ii. for communication purpose so as to provide the Doctor a better way of communicating with his/her patients by means of SMS/Emails,
iii. for debugging customer support related issues,
iv. for improving the algorithms of Company’s EMR to make it faster, efficient and reliable
v. for enhancing the Clinical Decision Support software developed by the Company
vi. for communicating about new Services and offerings by the Company or its partners with the Users
You agree to receive communications through emails, telephone, mobile phone and/or SMS, from HealthPlix or its third-party vendors or business partners or third-party service providers regarding the services or services updates, transactional and/or promotional emails and/or any announcements. In this context and regard, you agree and provide your consent to receive all communications at the mobile number provided to HealthPlix, even if this mobile number is registered under DND/NCPR list under Telecom Regulatory Authority of India (TRAI) laws, rules and regulations. And for that purpose, you further authorise HealthPlix to share/disclose the information to any third-party service provider or any affiliates, group companies, their authorised agents or third-party service providers. You also agree that in accordance with the applicable TRAI laws, rules and regulations specifically The Telecom Commercial Communications Customer Regulations, 2014:
i. Each time you do visit/transact or login in your account on the Platforms, it shall be regarded as a verifiable request from you pertaining to receipt of our Services and activities;
ii. Each time you visit/login/transact on the Platforms, it will be deemed to be as a fresh request from you for continuing to receive communication from HealthPlix
iii. In case you do not wish to receive any communication from us or to provide your feedback about the services, you can mail us at firstname.lastname@example.org
HealthPlix will retain and use your information as necessary to comply with our legal obligations, resolve disputes and enforce our agreements entered into for providing Services and ancillary services.
HealthPlix may terminate your access to all or any part of the Platforms or Services at any time if you fail to comply with these TOS. This may result in the forfeiture and destruction of all information associated with your membership and will immediately terminate your ability to provide services through the Platforms. All provisions of the TOS, which by their nature should survive termination, shall survive termination, including, without limitation, warranty disclaimers, indemnity and limitations of liability. In the event of discontinuation of services, HealthPlix, at its discretion, will make reasonable efforts to help you take a backup of your Data in a suitable electronic format.
THE PLATFORMS (INCLUDING, WITHOUT LIMITATION, ANY CONTENT) ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. HEALTHPLIX AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, SPONSORS AND PARTNERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK.
You shall defend, indemnify, and hold harmless HealthPlix, its affiliates/subsidiaries/JV partners and each of its, and its affiliates/subsidiaries/JV partners employees, contractors, directors, suppliers and representatives from all liabilities, losses, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to (i) your use or misuse of, or access to, the Platforms or Services, or (ii) your violation of the TOS or any applicable law, contract, policy, regulation or other obligation. HealthPlix reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with HealthPlix in connection therewith.
9. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL HEALTHPLIX (NOR ITS DIRECTORS, EMPLOYEES, AGENTS, SPONSORS, PARTNERS, SUPPLIERS, CONTENT PROVIDERS, LICENSORS OR RESELLERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (I) FOR ANY LOST PROFITS, DATA LOSS, LOSS OF GOODWILL OR OPPORTUNITY, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, OR SUBSTITUTE GOODS OR SERVICES, (II) FOR ANY DIRECT DAMAGES IN EXCESS (IN THE AGGREGATE) OF THE FEES PAID BY YOU FOR THE SERVICE IN THE THREE (3) MONTHS PRECEDING THE APPLICABLE CLAIM OR (IV) FOR ANY MATTER BEYOND ITS OR THEIR REASONABLE CONTROL, EVEN IF HEALTHPLIX HAS BEEN ADVISED OF THE POSSIBILITY OF ANY OF THE AFOREMENTIONED DAMAGES.
10. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of India without regard to the conflict of laws provisions thereof. All claims, differences and disputes arising under or in connection with or in relation hereto the Website, the Terms or any transactions entered into on or through the Website shall be subject to the exclusive jurisdiction of the courts at Bangalore, India and you hereby accede to and accept the jurisdiction of such courts.
The TOS are the entire agreement between you and HealthPlix with respect to the use of Platforms or the Services, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and HealthPlix with respect to the use of Platforms or the Services provided. If any provision of the TOS is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the TOS will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. The TOS are personal to you, and are not assignable or transferable by you except with Company’s prior written consent. HealthPlix may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of the TOS and neither party has any authority of any kind to bind the other in any respect. All notices under the TOS will be in writing and will be deemed to have been duly given when received if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or two days after it is sent, if sent for next day delivery by recognized overnight delivery service.