HamaCare Private Limited (“HamaCare”) is the author and publisher of the internet resource www.hamacare.com . HamaCare owns and operates the services provided through the Website.
1.NATURE AND APPLICABILITY OF TERMS
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, searching for Practitioners through the Website (“End-User”, “you” or “User”); or
- Otherwise a user of the Website (“you” or “User”).
This Agreement applies to those services made available by HamaCare on the Website, which are offered free of charge to the Users (“Services”), including the following:
- For Practitioners: Listing of Practitioners and their profiles and contact details, to be made available to the other Users and visitors to the Website;
- For other Users: Facility to (i) create and maintain ‘Health Accounts’, (ii) search for Practitioners by name, specialty, and geographical area, or any other criteria that may be developed and made available by HamaCare, and (iii) to make appointments with Practitioners.
The Services may change from time to time, at the sole discretion of HamaCare, 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 support@HamaCare.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 HamaCare.
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”).
2.CONDITIONS OF USE
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 HamaCare 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.
- 3.1END-USER ACCOUNT AND DATA PRIVACY
- 3.1.2 HamaCare 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 HamaCare’s services and to build new services.
- 3.1.3 The Website allows HamaCare 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.
- The type of information collected from Users, including sensitive personal data or information;
- The purpose, means and modes of usage of such information;
- How and to whom HamaCare will disclose such information; and,
- Other information mandated by the SPI Rules.
- the fact that certain information is being collected;
- the purpose for which the information is being collected;
- the intended recipients of the information;
- the nature of collection and retention of the information; and
- the name and address of the agency that is collecting the information and the agency that will retain the information; and
- the various rights available to such Users in respect of such information.
3.2 RELEVANCE ALGORITHM
HamaCare’s relevance algorithm for the Practitioners is a fully automated system that 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 HamaCare. HamaCare will not be liable for any change in the relevance of the Practitioners on search results, which may take place from time to time. The listing of Practitioners will be based on automated computation of the various factors including inputs made by the Users including their comments and feedback. Such factors may change from time to time, in order to improve the listing algorithm. HamaCare in no event will be held responsible for the accuracy and the relevancy of the listing order of the Practitioners on the Website.
3.3LISTING CONTENT AND DISSEMINATING INFORMATION
- 3.3.1HamaCare 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. HamaCare takes reasonable efforts to ensure that such information is updated at frequent intervals. Although HamaCare 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.
- 3.3.2The Services provided by HamaCare 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). HamaCare does not provide or make any representation, warranty or guarantee, express or implied about the Website or the Services. HamaCare 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, HamaCare 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 HamaCare or any User in relation to any User or services provided by such User.
- 3.3.3The Website may be linked to the website of third parties, affiliates and business partners. HamaCare 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 HamaCare endorses the linked site. User may use the links and these services at User’s own risk.
- 3.3.4HamaCare 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.
- 3.3.5If HamaCare determines that you have provided fraudulent, inaccurate, or incomplete information, including through feedback, HamaCare reserves the right to immediately suspend your access to the Website or any of your accounts with HamaCare and makes such declaration on the website alongside your name/your clinic’s name as determined by HamaCare for the protection of its business and in the interests of Users. You shall be liable to indemnify HamaCare for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected HamaCare or its Users.
3.4 BOOK APPOINTMENT AND VIDEO CONSULT FACILITY
HamaCare enables Users to connect with Practitioners through two methods: a) Book facility that allows Users book an appointment through the Website; b) Value added Video Consult services which connect Users directly to the Practitioner’s number provided on the Website.
- 3.4.1HamaCare will ensure Users are provided confirmed appointment on the Book facility. However, HamaCare has no liability if such an appointment is later cancelled by the Practitioner, or the same Practitioner is not available for appointment. Provided, it does not fall under the heads listed under the HamaCare Guarantee Program, in which case the terms of this program shall apply.
- 3.4.3The results of any search Users perform on the Website for Practitioners should not be construed as an endorsement by HamaCare 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.
- 3.4.4 Without prejudice to the generality of the above, HamaCare 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 HamaCare will not be liable for:
- User interactions and associated issues User has with the Practitioner;
- the ability or intent of the Practitioner(s) or the lack of it, in fulfilling their obligations towards Users;
- any wrong medication or quality of treatment being given by the Practitioner(s), or any medical negligence on part of the Practitioner(s);
- inappropriate treatment, or similar difficulties or any type of inconvenience suffered by the User due to a failure on the part of the Practitioner to provide agreed Services;
- any misconduct or inappropriate behaviour by the Practitioner or the Practitioner’s staff;
- cancellation or no show by the Practitioner or rescheduling of booked appointment or any variation in the fees charged, provided these have been addressed to under, HamaCare Guarantee Program.
- User’s account will be temporarily disabled from booking further online appointments on HamaCare.com for next four (4) months, in case of, three(3) Valid PNS, as per the Patient-No-Show Policy. However, the User can continue to call the clinic via HamaCare.com to get an appointment.
- Patient- No-Show (P.N.S) for the purposes of these Terms and Conditions, is defined as, any instance where a User, who booked an appointment on the Website using the Book Appointment facility , has not turned up for the appointment without cancelling, rescheduling, or informing the Practitioner in advance about the same. When Practitioner informs HamaCare of the incident or marks a particular appointment as P.N.S. using the HamaCare Ray software or HamaCare Pro App within five (5) days of the scheduled appointment, an email and SMS (“PNS Communication”) will be sent to the User to confirm on the incident with reasons. Where the User is not able to establish that the User had a legitimate reason as per Clause 3.4.6(c), for not showing up, HamaCare shall be entitled to take actions as under Clause 3.4.6 (a). However Users understand that, actions such as ones mentioned under Clause 3.4.6(a) are included as a deterrent to stop Users from misusing the Website, and the loss of business hours incurred by the Practitioner.
- Following instances, solely at the discretion of HamaCare, would be construed as valid cases of PNS (“Valid PNS”), in which case the User shall be penalized as per Clause 3.4.6 (a):
- User does not reply within seven (7) days, with reasons to PNS Communication, from the date of receipt of such PNS Communication;
- In case User responds to the PNS Communication with below reasons:
- Forgot the appointment
- Chose to visit another Practitioner/consulted online;
- Busy with other work; or such other reasons (which HamaCare at its discretion decides to be a valid reason to not show up).
- Where the User has booked a paid appointment and is unable to visit the Practitioner, due to such genuine reasons of sickness etc. at the sole discretion of HamaCare, pursuant to conducting of investigation, the User shall be provided with a refund of such payment made by User, at the time of booking. However, where cancellation charges have been levied, you would not be entitled to complete refund.
- HamaCare reserves the right to make the final decision in case of a conflict. The total aggregate liability of HamaCare with respect to any claims made herein shall be INR 150.
- In the event that, the Practitioner with whom User has booked a paid appointment via the Website, has not been able to meet the User, User will need to write to us at support@HamaCare.com within five (5) days from the occurrence of such event; in which case, the entire consultation amount as mentioned on the Website will be refunded to the User within the next five (5) to six (6) business days in the original mode of payment done by the User while booking. In case where the User, does not show up for the appointment booked with a Practitioner, without cancelling the appointment beforehand, the amount will not be refunded, and treated as under Clause 3.4.6. However, where cancellation charges have been levied (as charged by the Practitioner/Practice), you would not be entitled to complete refund even if you have cancelled beforehand.
- Users will not be entitled for any refunds in cases where, the Practitioner is unable to meet the User at the exact time of the scheduled appointment time and the User is required to wait, irrespective of the fact whether the User is required to wait or choose to not obtain the medical services from the said Practitioner.
3.5 NO DOCTOR-PATIENT RELATIONSHIP; NOT FOR EMERGENCY USE
- 3.5.1Please 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 (including information provided in direct response to your questions or postings) may be provided by individuals in the medical profession. The provision of such Information does not create a licensed medical professional/patient relationship, between HamaCare 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.
- 3.5.2It is hereby expressly clarified that, the Information that you obtain or receive from HamaCare, 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.
- 3.5.3The 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 a another person’s behalf), please contact an ambulance service or hospital directly.
3.6 CONTENT OWNERSHIP AND COPYRIGHT CONDITIONS OF ACCESS
- 3.6.1The contents listed on the Website are (i) User generated content, or (ii) belong to HamaCare. The information that is collected by HamaCare directly or indirectly from the End- Users and the Practitioners shall belong to HamaCare. Copying of the copyrighted content published by HamaCare on the Website for any commercial purpose or for the purpose of earning profit will be a violation of copyright and HamaCare reserves its rights under applicable law accordingly.
- 3.6.2HamaCare 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, "HamaCare Content"), are the property of HamaCare and are protected under copyright, trademark and other laws. User shall not modify the HamaCare Content or reproduce, display, publicly perform, distribute, or otherwise use the HamaCare Content in any way for any public or commercial purpose or for personal gain.
- 3.6.3User shall not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
HamaCare may provide End-Users with a free facility known as ‘Records’ on its website . Information available in your Records is of two types:
- User-created: Information uploaded by you or information generated during your interaction with HamaCare ecosystem, eg: appointment, medicine order placed by you.
- 3.7.1Your Records is only created after you have signed up and explicitly accepted these Terms.
- 3.7.2Any Practice created Health Record is provided on an as-is basis at the sole intent, risk and responsibility of the Practitioner and HamaCare 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.
- 3.7.3The Health Records are provided on an as-is basis. While we strive to maintain the highest levels of service availability, HamaCare is not liable for any interruption that may be caused to your access of the Services.
- 3.7.4The reminder provided by the Records is only a supplementary way of reminding you to perform your activities as prescribed by your Practitioner. In the event of any medicine reminders provided by HamaCare, you should refer to your prescription before taking any medicines. HamaCare is not liable if for any reason reminders are not delivered to you or are delivered late or delivered incorrectly, despite its best efforts. In case you do not wish to receive the reminders, you can switch it off through the HamaCare app.
- 3.7.5It 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. HamaCare is not responsible for any loss or inconvenience caused due to your failure in updating the contact details with HamaCare.
- 3.7.6HamaCare uses industry–level security and encryption to your Health Records. However, HamaCare 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 HamaCare of such unauthorized use or access. Please safeguard your login credentials and report any actual suspected breach of account to support@HamaCare.com.
- 3.7.7If 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. HamaCare assumes no responsibility for any claim, dispute or liability arising in this regard, and you shall indemnify HamaCare and its officers against any such claim or liability arising out of unauthorized use of such information.
- 3.7.8In 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.
- 3.7.9You may lose your “User created” record, if the data is not synced with the server.
- 3.7.10If the Health Record is unassessed for a stipulated time, you may not be able to access your Health Records due to security reasons.
- 3.7.11HamaCare is not liable if for any reason, Health Records are not delivered to you or are delivered late despite its best efforts.
- 3.7.12The Health Records are shared with the phone numbers that are provided by your Practitioner. HamaCare is not responsible for adding the Heath Records with incorrect numbers if those incorrect numbers are provided by the Practitioner.
- 3.7.13HamaCare 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.
- 3.7.14HamaCare 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.
- 3.7.15HamaCare will follow the law of land in case of any constitutional court or jurisdiction mandates to share the Health Records for any reason.
- 3.7.16You agree and acknowledge that HamaCare 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.
- 3.7.17You acknowledge that the Practitioners you are visiting may engage HamaCare's software or third party software for the purposes of the functioning of the Practitioner’s business and HamaCare's services including but not limited to the usage and for storage of Records (as defined in Section 3.7) in India and outside India, in accordance with the applicable laws.
- 3.7.18To the extent that your Records have been shared with HamaCare or stored on any of the HamaCare 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 HamaCare pertaining to such previously visited clinics and hospitals who have tie ups with HamaCare for the purposes of their business and for HamaCare's services including but not limited to the usage and for storage of Records (as defined in Section 3.7) in India and outside India, in accordance with the applicable laws and further agree, upon creation of your account with HamaCare, to the mapping of such Records as may be available in HamaCare’s database to your User account.
4 .RIGHTS AND OBLIGATIONS RELATING TO CONTENT
- 4.1As mandated by Regulation 3(2) of the IG Rules, HamaCare hereby informs Users that they are not permitted to host, display, upload, modify, publish, transmit, update or share any information that:
- belongs to another person and to which the User does not have any right to;
- is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
- harm minors in any way;
- infringes any patent, trademark, copyright or other proprietary rights;
- violates any law for the time being in force;
- deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- impersonate another person;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
- 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 cognizable offence or prevents investigation of any offence or is insulting any other nation.
- violating or attempting to violate the integrity or security of the Website or any HamaCare Content;
- transmitting any information (including job posts, messages and hyperlinks) on or through the Website that is disruptive or competitive to the provision of Services by HamaCare;
- intentionally submitting on the Website any incomplete, false or inaccurate information;
- making any unsolicited communications to other Users;
- using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website;
- attempting to decipher, decompile, disassemble or reverse engineer any part of the Website;
- copying or duplicating in any manner any of the HamaCare Content or other information available from the Website;
- framing or hot linking or deep linking any HamaCare Content.
- circumventing or disabling any digital rights management, usage rules, or other security features of the Software.
- 5.1HamaCare reserves the right to suspend or terminate a User’s access to the Website and the Services with or without notice and to exercise any other remedy available under law, in cases where,
- Such User breaches any terms and conditions of the Agreement;
- A third party reports violation of any of its right as a result of your use of the Services;
- HamaCare is unable to verify or authenticate any information provide to HamaCare by a User;
- HamaCare has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User; or
- HamaCare believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for HamaCare or are contrary to the interests of the Website.
- 6.LIMITATION OF LIABILITY
In no event, including but not limited to negligence, shall HamaCare, 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, 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 Practitioners 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; or
- any other matter relating to the Website or the Service.
In no event shall the total aggregate liability of the Protected Entities to a User for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from this Agreement or a User’s use of the Website or the Services exceed, in the aggregate Rs. 1000/- (Rupees One Thousand Only).
- 7.RETENTION AND REMOVAL
HamaCare 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; and according to the SPI Rules. Computer web server logs may be preserved as long as administratively necessary.