Detcare Terms and Conditions
Detcare Health Solutions (“Detcare”) is the author and publisher of the internet resource www.detcare.com and the mobile application ‘Detcare’ (together, “Website”). Detcare 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, authorised associates of such practitioners or institutions(“Practitioner(s)”, “you” or “User”); or
- A patient, his/her representatives or affiliates, searching for Practitioners/Institutions/services 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 Detcare 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 Detcare, and (iii) to make appointments with Practitioners.
- For labs ( any diagnostic service provider ) to create their lab profile which includes but not limited to tests information, tests prices , various accreditation certifications and other information.
The Services may change from time to time, at the sole discretion of Detcare, 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 firstname.lastname@example.org.
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 Detcare.
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 Detcare 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.
3.1 END-USER ACCOUNT AND DATA PRIVACY
- 3.1.2 Detcare 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 Detcare’s services and to build new services.
- 3.1.3 The Website allows Detcare 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 Detcare 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.
- 3.1.6 Detcare 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 Detcare or to any other person acting on behalf of Detcare.
- 3.1.7 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 Detcare of any actual or suspected unauthorized use of the User’s account or password. Although Detcare will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Detcare or such other parties as the case may be, due to any unauthorized use of your account.
- 3.1.8 If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Detcare has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Detcare has the right to discontinue the Services to the User at its sole discretion.
- 3.1.9 Detcare may use such information collected from the Users from time to time for the purposes of debugging customer support related issues.
- Your Health Account is only created after you have signed up and explicitly accepted these Terms.
Information available in your Health Account is of two types:
- Patient-created: Information generated and uploaded by you.
- Practice-created: Information generated by your interaction with a Practitioner who uses ‘Detcare ’ or other Services of software.
- Any Practice created information is provided on an as-is basis and Detcare 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 information in any manner.
- The Health Account is provided on a best-efforts as-is basis. While we strive to maintain the highest levels of service availability, Detcare is not liable for any interruption that may be caused to your access of the Services.
- The ‘SMS Reminder’ provided by the Health Account is only a supplementary way of reminding you to take your medication as prescribed by your doctor/hospital/lab. You should refer to your prescription before taking any medicines. Detcare is not liable if for any reason SMS 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 SMS Reminders, you can request your doctor/hospital/lab to not enable it during your consultation or otherwise, or give a missed call to the number included in the first SMS Reminder that you receive.
- It is your responsibility to keep your correct mobile number and email ID updated in the Health Account. The records will be sent to the account associated with this mobile number and/or email ID. Every time you change any contact information (mobile or email), we will send a confirmation. Detcare is not responsible for any loss or inconvenience caused due to your not updating your contact details for the Health Account.
- Detcare uses industry–level security and encryption to your Health Account. However, Detcare cannot guarantee 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@Detcare.com.
- If you access your dependents’ record through your Health Account by registering your dependents with your own Health Account, you are deemed to be responsible for the records of your dependents and all obligations that your dependants would have had had they maintained their own separate individual Health Accounts.
- In case you want to delete your Health account, you can do so by accessing 'Profile' from within your account. This will ensure that your account and any associated records will be deleted from the Health Account. This will however not delete your records stored by your doctor/hospital/lab(s) and Practitioners.
3.2 RANKING ALGORITHM
Detcare’s ranking 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 Detcare. Detcare will not be liable for any change in the ranking of the Practitioners, 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. Detcare 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
- 3.3.1 Detcare 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 specialisation, qualification, fees, location, visiting hours, and similar details. Detcare takes reasonable efforts to ensure that such information is updated at frequent intervals. Although Detcare 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.
- 3.3.2 The Services provided by Detcare 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). Detcare does not provide or make any representation, warranty or guarantee, express or implied about the Website or the Services. Detcare 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, Detcare 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 Detcare or any User in relation to any User or services provided by such User.
- 3.3.3 The Website may be linked to the website of third parties, affiliates and business partners. Detcare 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 Detcare endorses the linked site. User may use the links and these services at User’s own risk.
- 3.3.4 Detcare 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.
- 3.3.5 If Detcare determines that if you have provided fraudulent, inaccurate, or incomplete information, including through feedback, Detcare reserves the right to immediately suspend your access to the Website or any of your accounts with Detcare and makes such declaration on the website alongside your name/your clinic’s name as determined by Detcare for the protection of its business and in the interests of Users. You shall be liable to indemnify Detcare for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected Detcare or its Users.
3.4 APPOINTMENT BOOKING AND INTERACTION WITH PRACTITIONERS
- 3.4.1 While Detcare will try to ensure a confirmed appointment for an End-User who requested an appointment on Website, Detcare does not guarantee that a patient will get a confirmed appointment. Further, Detcare has no liability if such appointment is confirmed but later cancelled by Practices or Practitioners, or the Practitioners are not available as per the given appointment time.
- 3.4.3 You understand and agree that any interactions and associated issues with other Users including but not limited to your health issues and your experiences is strictly between you and the other Users. You shall not hold Detcare responsible for any such interactions and associated issues. For avoidance of doubt, Detcare is not involved in providing any healthcare or medical advice or diagnosis and hence is not responsible for any outcome between you and the Practitioner you interact with, pursuant to any interactions on the Website. If you decide to engage with a Practitioner to provide medical services to you, you do so at your own risk. The results of any search you perform on the Website for Practitioners should not be construed as an endorsement by Detcare of any such particular Practitioner. Detcare shall not be responsible for any breach of service or service deficiency by any Practitioner. We cannot assure nor guarantee the ability or intent of the Practitioner(s) to fulfill their obligations towards you. We advise you to perform your own investigation prior to selecting a Practitioner.
- 3.4.4 Payment and Cancellation Policy. In the event, the doctor/hospital/lab with whom the appointment has been booked is not available in the Clinic/Hospital, the patient has to (a) cancel the current appointment or (b) consult another doctor/hospital/lab with clinic's/hospital's consent. Cancellation of the appointment by the patient should be done one (1) hour prior to the time blocked for appointment. In such an event, the entire amount will be refunded to the patient with in 5-6 business days from the date of cancellation in accordance with the mode of refund proposed by the patient. In case a booking confirmation e-mail gets delayed due to technical reasons or as a result of incorrect e-mail ID provided by the user etc, an appointment would be considered as 'booked'. If the patient does not show up at the time of Appointment, Detcare will refund the entire amount after approval from Clinic/Hospital with in 5-6 business days in accordance with the payment methods provided by the patient. Detcare shall not be liable for any refunds to the customer in the event the customer's booked slot/ time for an appointment has been delayed. Any grievances and claims related to the appointment/ refund should be reported to Detcare support team at support@Detcare.com within two (2) days of appointment date with the doctor/hospital/lab.
3.4.5Without prejudice to the generality of the above, Detcare will not be liable for:
- any wrong medication or treatment quality being given by the Practitioner(s), or any medical negligence on part of the Practitioner(s);
- any type of inconvenience suffered by the User due to a failure on the part of the Practitioner to provide agreed services or to make himself/herself available at the appointed time, no show by the Practitioner, inappropriate treatment, or similar difficulties;
- any misconduct or inappropriate behaviour by the Practitioner or the Practitioner’s staff;
- cancellation or rescheduling of booked appointment or any variance in the fees charged;
- any medical eventualities that might occur subsequent to using the services of a Practitioner, whom the User has selected on the basis of the information available on the Website or with whom the User has booked an appointment through the Website.
- 3.4.6 Further, Detcare 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 another User. All such feedback should be made in accordance with applicable law. The option of Users to give feedback remains at Detcare’s sole discretion and may be modified or withdrawn at its sole discretion. Detcare may moderate such feedback at any time. Detcare shall not be obliged to act in any manner to give effect to the content of Users’ feedback, such as suggestions for delisting of a particular Practitioner from the Website.
- 3.4.7 Online Appointment Booking facility is governed by Terms of Service listed in schedule 3.
3.5 NO DOCTOR/hospital/lab-PATIENT RELATIONSHIP; NOT FOR EMERGENCY USE
- 3.5.1 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 (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 Detcare 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.
- 3.5.2 It is hereby expressly clarified that, the Information that you obtain or receive from Detcare, 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.
- 3.5.3 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 a another person’s behalf), please contact an ambulance service or hospital directly.
3.6 DETCARE CONSULT ( or simply the consultation or communication service that we provide)
- 3.6.1 Detcare Consult enables Users to connect with Practitioners by posting health related queries on their respective Health Accounts. Detcare Consult allows Practitioners to respond to such queries using a special software application provided to Practitioners by Detcare.
- 3.6.2 The User may post two types of queries on their Health Accounts: (i) public queries, which is sent through Detcare Consult to multiple Practitioners and enables any of the chosen Practitioner to respond to the query posted; and (ii) private queries, which will be only sent to the Practitioner that the User has chosen.
- 3.6.4 The public queries posted by the Users are sent to multiple Practitioners chosen through a fully automated system. The automated system chooses Practitioners based on inter alia the information furnished by each Practitioner, the number of questions answered by the Practitioner and the rating or reviews procured by the Practitioner. Detcare will not be responsible for the Practitioners chosen to respond to the queries.
- 3.6.5 In the event the User has posted a private query, the Practitioner may indicate the pre-consultation fee payable for the advice solicited and in such case Detcare shall provide the User an option to directly remit the amount to the Practitioner through Detcare using the Health Account. Upon receipt of the payment, the Practitioner shall provide his response to the query. The amount paid to the Practitioner is non-refundable and Detcare is not responsible for the nature of advice provided by the Practitioner. However, in the event, the User does not receive advice from the Practitioner, the same may be communicated to Detcare at support@Detcare.com and Detcare shall take reasonable endeavours to resolve the matter.
- 3.6.7 The User understands and agrees that any interactions and associated issues with the Practitioner on Detcare Consult including but not limited to the User’s health issues and the User’s experiences is strictly between the User and the Practitioner. The User shall not hold Detcare responsible for any such interactions and associated issues. Detcare is not involved in providing any healthcare or medical advice or diagnosis and hence is not responsible for any outcome between the User and the Practitioner, the User interacts with. If you decide to engage with a Practitioner to provide medical services to you, you do so at your own risk. Detcare shall not be responsible for any breach of service or service deficiency by any doctor/hospital/lab or health care provider.
3.7 CONTENT OWNERSHIP AND COPYRIGHT CONDITIONS OF ACCESS
- 3.7.1 The contents listed on the Website are (i) User generated content, or (ii) belong to Detcare. The information that is collected by Detcare directly or indirectly from the End- Users and the Practitioners shall belong to Detcare. Copying of the copyrighted content published by Detcare on the Website for any commercial purpose or for the purpose of earning profit will be a violation of copyright and Detcare reserves its rights under applicable law accordingly.
- 3.7.2 Detcare 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, "Detcare Content"), are the property of Detcare and are protected under copyright, trademark and other laws. User shall not modify the Detcare Content or reproduce, display, publicly perform, distribute, or otherwise use the Detcare Content in any way for any public or commercial purpose or for personal gain.
- 3.7.3 User shall not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
3.8 REVIEWS AND FEEDBACK
You are solely responsible for the content that you choose to submit for publication on the Website, including any feedback, ratings, or reviews (“Critical Content”) relating to Practitioners or other healthcare professionals. The role of Detcare in publishing Critical Content is restricted to that of an ‘intermediary’ under the Information Technology Act, 2000. Detcare disclaims all responsibility with respect to the content of Critical Content, and its role with respect to such content is restricted to its obligations as an ‘intermediary’ under the said Act. Detcare shall not be liable to pay any consideration to any User for re-publishing any content across any of its platforms.
Your publication of reviews and feedback on the Website is governed by Clause 5 of these Terms. Without prejudice to the detailed terms stated in Clause 5, you hereby agree not to post or publish any content on the Website that (a) infringes any third-party intellectual property or publicity or privacy rights, or (b) violates any applicable law or regulation, including but not limited to the IG Rules and SPI Rules. Detcare, at its sole discretion, may choose not to publish your reviews and feedback, if so required by applicable law, and in accordance with Clause 5 of these Terms. You agree that Detcare may contact you through telephone, email, SMS, or any other electronic means of communication for the purpose of:
- Obtaining feedback in relation to Website or Detcare’s services; and/or
- Obtaining feedback in relation to any Practitioners listed on the Website; and/or
- Resolving any complaints, information, or queries by Practitioners regarding your Critical Content;
and you agree to provide your fullest co-operation further to such communication by Detcare. Detcare’s Feedback Collection and Fraud Detection Policy, is annexed as the Schedule hereto, and remains subject always to these Terms.