NATURE AND APPLICABILITY OF TERMS
We request you to carefully go through
these terms and conditions (“Terms”)
and the privacy policy (“Privacy
Policy”) which is available at the website www.treatopedia.in before you
decide to access the website or avail of any of the services available on the
website, www.treatopedia.co.in. These Terms and the privacy policy together
constitute a legal agreement (“Agreement”)
between you/user and Treatopedia in regard to your visit to the Website and
usage of any of the services (as defined below).
The Company shall reserve the right to
change or modify any of these Terms or privacy policy or guidelines of the
Website, at any time and in its sole discretion. Any changes or modifications
will be effective immediately upon posting the updates on the website.
Our website is operated, and services are
made available in compliance with the laws in India and company shall not be
liable to deliver any product or service requested by you in locations outside
India. If you access any of the service from locations which is outside India,
you shall be doing this at your own risk and will be solely liable for
compliance with the local laws.
By
(i) using the website, www.treatopedia.in
or any of the service provided by this website or
(ii) merely browsing the Website, you agree
that you have read, understood and agreed to be bound to these terms, the
privacy policy and other rules, guidelines, policies as are relevant under the
applicable law(s) in India and other jurisdictions, for the purposes of
accessing, browsing or transacting or availing any of the Services on the
website.
The Agreement is published in compliance
to, 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,
The rules and regulations dictated 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
specifics of Agreement apply to you if you are:
A medical practitioner or health care
provider (whether an individual professional or an organization) or similar
institution who wishes to be listed or existing listed partner on the website;
Any individual, patient or his/her
representatives, or any affiliates, searching for a medical practitioner/
health care provider through the Website ("End-User", "you"
or "User"); or
A user of the Website, treatopedia.co.in
("you" or "User").
This
Agreement applies to all the service made available by Treatopedia on the
website www.treatopedia.in and its mobile application – Treatopedia, that
includes the following:
For listed Health Centres: Listing of Health
Centres and their profiles along with the contact details will be made
available to the other users and visitors of the website;
For other Users: Facility to -
Create, edit, and maintain 'Health
Records'.
Book health services through our website
and/or app, or any other media that may be developed and made available by
Treatopedia to avail services.
2. CONDITIONS
OF USE:
The minimum age of the user should be 18
years or older to register or avail the services on the website
www.treatopedia.co.in.
By registering, visiting, and using the website to avail our services or accepting this Agreement, you warrant to Treatopedia that you are above 18 years of age and have the rights and authority to use the Website and its services abiding to terms and conditions of the Agreement.
Treatopedia through its services may
collect data or information relating to the devices through which the website
was accessed. The collected information will be used only for improving the
service quality or/and to build new services;
Treatopedia may have access or information
of the registered user’s personal email or phone number and may use for
communication purpose to provide you with better experience regarding booking
appointments and for obtaining feedback on our health services;
Registration for health service can be
requested by an adult or as a guardian of a baby/child or by any other with the
consent of the guardian of baby/child;
While requesting or ordering any of our
health services either for you or your baby/ child or a third person, it will
be treated by Treatopedia as an informed consent from you either as an adult or
as a guardian of the baby/child.
4. DIGITAL
HEALTH RECORDS
Treatopedia
provides end-Users with a digital 'Health Record' on the Website and its mobile
application “Treatopedia”;
The
specific terms relating to such account, without prejudice to the rest of these
Terms and the Privacy Policy, are as below:
Your 'Health Record' is only created after
you have signed up and explicitly accepted these Terms;
Information uploaded by you, as a part of
your profile will be available in your 'Health Record';
Health services availed through Treatopedia
will be captured in the ‘Health Record’. In case, the Health service is not
availed at Treatopedia, the user must submit relevant and valid documented
proof of Health service (through mail or by contacting our support team) to get
the digital 'Health Record';
The 'Health
Record' will be provided while complying to the available guidelines on a
best-efforts as-is basis. While we strive to maintain the highest levels of
service availability, Treatopedia is not liable for any disruption or
interruption that may be caused to your access of the Services;
It is your responsibility to keep your
profile updated with correct credentials such as mobile number and Email ID in
the 'Health Record'. The records can be downloaded by the Users under his/her
profile associated with this mobile number and/or Email ID;
Treatopedia is not responsible for any loss
or inconvenience caused due to your non-updating of your contact details for
the Account;
Treatopedia uses industry-level security
and encryption to your 'Health record'. However, Treatopedia cannot guarantee
or prevent unauthorized access if you lose your login credentials or they are
otherwise compromised. Please safeguard your login credentials and report any
actual suspected breach of account to support@treatopedia.co.in;
If you access your family's record through
your 'Health Record' by registering your family with your own account, you are
deemed to be responsible for the records of your family.
5. USES
OF WEBSITE / MOBILE APPLICATION:
The Website may be linked to the third
parties, affiliates, and business partners. Treatopedia has no control over,
and will not be liable or responsible for the content, reliability, quality,
and accuracy of such websites. Inclusion of any link on the Website does not
imply that Treatopedia endorses or promotes the linked site. You/User may use
the links and/or these services at their own risk;
Treatopedia shall not be liable for any
damages or viruses that may infect User's device while accessing, browsing, or
downloading any information (in form of articles, images, or videos) from the
website. In case if a User is dissatisfied with any of the content of the
Website, we suggest User to discontinue using the Website;
If Treatopedia finds out that you/User have
provided incorrect, fraudulent or incomplete information, including feedback or
review, Treatopedia reserves the right to immediately suspend your access to
the Website or any of your accounts with Treatopedia while declaring the same
on the website alongside your name/your clinic's name for the protection of its
business and in the interest of other Users;
You shall be fully liable to indemnify
Treatopedia for any losses (business or brand reputation) incurred because of
your misrepresentations or fraudulent feedback that has adversely affected
Treatopedia or its Users.
6.
VACCINATION BOOKING
While Treatopedia will try the best effort
to grant a confirmed appointment for an End-User who requested an appointment
through our website or Application or by reaching us out through mail or our
customer care number, Treatopedia is not liable if the appointment is cancelled
by you;
Treatopedia provides the customer care
number from which users can easily book any of the available services. If a
User has used the customer care number for booking, Treatopedia reserves the
right to share the contact details of the User and to record call for training
purpose;
You understand and agree that any
interactions with other Users including, but not limited to, your health issues
and your experiences is strictly between you and the other Users. Treatopedia
shall not be responsible for any such interactions and associated issues and is
not involved in providing any medical advice or diagnosis.
7. WITHOUT
PREJUDICE TO THE GENERALITY OF THE ABOVE, TREATOPEDIA WILL NOT BE LIABLE FOR:
Denying or canceling the services or
appointments owing to unavailability/shortage of any vaccine/medicines or due
to any other circumstances;
Any type of inconvenience suffered by the
User due to a failure on the part of the Health Worker to make himself/herself
available at the appointed time, no show by the Health Worker, misconduct or
inappropriate behaviour, or similar difficulties or to provide agreed services;
Rescheduling or Cancellation of booked
appointment or any variance;
For any medical eventualities that might
occur after using the available services, which the User has selected based on
the information available on the Website or based on the information provided
by the Health counsellor;
Under any event, for any comments or
feedback given by any of the Users about the services provided by another User.
All such feedback should be made in accordance with applicable law. The option
of Users to give feedback remains at Treatopedia’s sole discretion and may be
modified or withdrawn at its sole discretion.
8. Treatopedia
Cancellation and Refund Policy
If you book a paid vaccination through the
Treatopedia Website/App and cannot avail of the service, please email us at
support@treatopedia.in within five (5) days of the event. We will refund the
full amount, as mentioned on the Website, within seven (7) business days to the
original payment method. If you do not show up for your appointment without
cancelling beforehand, no refund will be provided.
Refunds will not be given if the
Practitioner cannot meet you exactly at the scheduled time and you decide to
wait or opt out of receiving services from the Practitioner.
You can reschedule your appointment up to
two (2) times before 24 hours of the appointment by contacting the Treatopedia
support team. Reschedules within 24 hours depending on resource availability,
and if not available, the appointment will be treated as cancelled, and refunds
will be as per the first bullet point.
9. No
Doctor-Patient Relationship Not for Emergency Use
Please note that the resources, content,
data, images, information, suggestions, and any other material (collectively,
"Information") available on the Treatopedia Website (including
responses to your questions or postings) may be provided by medical/healthcare
professionals. This information does not constitute an opinion, medical advice,
diagnosis, or treatment but is provided to help you find appropriate medical
care from a qualified practitioner.
All Information available on the Website or
through its employees or aggregator partners is for informational purposes
only. Treatopedia shall not be liable for any decision made or action taken by
relying on such Information.
The Services available are not intended to be a substitute for emergency healthcare. If you are seeking a medical emergency for yourself or someone else, please contact a hospital directly or call an ambulance service.
10. Content
Ownership and Copyright Conditions of Access
The contents listed on the Treatopedia
Website are either (i) created and generated by Treatopedia (content writers or
healthcare professionals) or (ii) User-generated content. Information sourced
and collected by Treatopedia directly or indirectly from Users and Practitioners
belongs solely to Treatopedia. Copying copyrighted content on the Treatopedia
Website for commercial benefits or profit is a violation of copyright.
Treatopedia reserves the right to take necessary actions under applicable law.
Treatopedia permits users to browse, view,
and access the content or resources available on the Website solely for
knowledge, ordering, delivering, and receiving per this Agreement. The contents
of the Website, including text, graphics, images, brand logos, coding, design,
and content placement (collectively, "Treatopedia Content"), are the
property of Treatopedia and are protected under copyright, trademark, and other
applicable laws. Users shall not modify, reproduce, display, or distribute the
content for public or commercial purposes or personal gain.
Users shall not access the Services to gain
competitive knowledge or for performance benchmarking.
11. Reviews
and Feedback
By using this Website, you agree that any
information shared with Treatopedia or its employees will be subject to our
Privacy Policy. Users are solely responsible for the content or information
they upload or submit for publication on the Website, including reviews,
feedback, and service ratings. Treatopedia's role in publishing Critical
Content is restricted to that of an 'intermediary' under the Information
Technology Act, of 2000.
Treatopedia shall not pay any User for
re-publishing any content across its platforms. Without prejudice to the terms
stated above, you agree not to post or publish any content on the Website that
(a) violates third-party intellectual property rights or privacy rights or (b)
infringes any applicable law or regulation, including the IG Rules and SPI
Rules. Treatopedia may choose not to publish your reviews and feedback per the
terms if required by applicable law.
You agree that Treatopedia may contact you
through electronic means, such as telephone calls, email, WhatsApp, or SMS, to:
1. Receive feedback on services availed
through Treatopedia.
2. Resolve issues, complaints, information,
or queries by healthcare professionals regarding user-published Critical
Content.
Treatopedia’s feedback collection and fraud
detection policy is annexed to the Schedule and remains subject to these Terms.
12. Reviews
and Feedback Display Rights of Treatopedia
All Critical Content created by Users of
the Treatopedia Website and the employee’s/healthcare professionals of
Treatopedia is subject to Treatopedia's rights and regulations. As a platform, Treatopedia
is not responsible for Critical Content, and its role is restricted to that of
an 'intermediary' under the Information Technology Act, 2000.
Treatopedia reserves the right to collect
and gather reviews, feedback, and Critical Content for all listed vaccination
centers and healthcare professionals on the Website. Treatopedia may flag,
filter, modify, or remove any Critical Content in compliance with applicable
law. You understand and agree that by using the Services listed on our Website,
you may be exposed to Critical Content or other content that you find offensive
or objectionable. Use the Service at your own risk.
If Treatopedia finds that the information
provided is inaccurate or fraudulent, it reserves the right to immediately
suspend any of your accounts by declaring it on the Website for the protection
of its business and Users' interests.
13. Treatopedia
Reach Rights
Treatopedia reserves the right to publish
sponsored ads on the Website marked as "Sponsored Partners." Without
prejudice to the status of other content, Treatopedia will not be liable for
the precision of information made by the Sponsored Partners.
Treatopedia does not advise or encourage Users to visit Sponsored Partners' websites to avail of any services from them. You 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 Treatopedia accepts no liability for the same.
14. Rights
and Obligations Relating to Content
As mandated by Regulation 3(2) of the IG
Rules, Treatopedia declares that Users are not permitted to host, display,
upload, modify, publish, transmit, update, or share any content or information
that:
- Does not belong to or have no right to
User.
- Is harassing, defamatory, obscene, pornographic,
paedophilic, libelous, privacy invasive, hateful, or racially objectionable,
encouraging money laundering, or otherwise unlawful.
- Harms minors.
- Violates patent, trademark, copyright, or
other proprietary rights.
- Deceives or misleads the addressee about
the origin of such messages or communicates any information grossly offensive.
- Impersonates another person.
- Contains software viruses or computer
coding, files, or programs designed to interrupt, disrupt, destroy, or limit
the functionality of a device.
- Threatens the unity, integrity, defence, and
security of India, friendly relations with foreign states, or public order or
prevents investigation of any offense or is insulting any other nation.
Users
are also prohibited from:
- Violating or trying to violate the
integrity of the Website.
- Transmitting unauthorized information
(such as job posts, messages, and links) on or through the Website that is
disruptive or competitive to the provision of Services by Treatopedia.
- Submitting incorrect or incomplete
information intentionally.
- Initiating any unwelcomed communications
with other Users.
- Using unauthorized tools, engines,
software, tools, or agents to navigate or search the Website.
- Trying to disassemble, decipher, or
deconstruct any part of the Website.
- Copying, replicating, or duplicating
information available on the Website.
- Framing, hot-linking, or deep-linking any
Treatopedia Content.
Treatopedia reserves the right to
immediately cease the User's access to the Website and Services and remove
non-compliant information from the Website in case of non-compliance with
applicable laws.
Treatopedia may disclose or transfer User-generated information to its affiliates or Governmental Authorities in such a manner as permitted or required by applicable law, and you hereby consent to such transfer. Treatopedia will comply with any duly-issued Government or Hon’ble Court directions to disable access to User-generated information if it is found to be illegal by a competent Governmental Authority.
15. Termination
Treatopedia reserves the right to terminate
a User's access to the Website and Services with or without notice, in
compliance with the law, where:
- The User infringes any terms and
conditions of the Agreement.
- A party reports a violation of any of its
rights due to your use of the Services on our Website.
- Unable to verify or authenticate any
information provided by the User.
- Suspecting any illegal or fraudulent
activity on the part of the User.
- The User’s actions may cause legal
liability for other Users or Treatopedia or are contrary to the Website's
interests.
Once suspended or terminated, the User may
not continue to access the Website under the same account, a different account,
or re-register under a new account. Upon termination of an account, the User
shall no longer have access to data, messages, files, and other records
previously available on the Website. The User must ensure continuous backup of
any medical services rendered to comply with their record-keeping process and
practices.
16. Limitation
of Liability
In no event, including but not limited to
negligence, shall Treatopedia, or any of its directors, officers, employees,
agents, 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, materials, and functions related thereto, the Services, 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. In no event shall the Protected Entities be liable for:
- Provision of or failure to provide all or
any service by HEALTHWORKER/PARAMEDIC to End-Users contacted or managed through
the Website.
- Any content posted, transmitted,
exchanged, or received by or on behalf of any User or other person on or
through the Website.
- Any unauthorized access to or alteration of
your
transmissions or data.
- Any other matter relating to the Website or the Service.
17. Indemnity
Users agree to indemnify and hold harmless Treatopedia, its affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from any and all third-party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from User's access to or use of the Service, violation of this Agreement, or infringement by any other User of his/her/its account, of any intellectual property or other rights of any person or entity. Treatopedia will notify you promptly of any such claim, loss, liability, or demand, and in addition to your foregoing obligations, you agree to provide us with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
18. Report
Abuse / Grievance Redressal
If you encounter any abuse or violation of
these Terms or become aware of any objectionable content on the Website, please
report it to Treatopedia's customer support team. If you have any concerns
about the Terms or grievances about the Website or our services, please contact
us with a thorough description, and we will try to resolve the issue.
Please address them to our grievance
redressal officer at:
Name: Treatopedia Technologies Pvt. Ltd.
Address: B-50, Ground Floor, 201301
Phone number: 0120-3140913 / 1800-5724242
E-mail: support@treatopedia.in
