Srimanta Sankardeva Hospital & Research Institute , a unit of Basils India Private Limited (referred to as "we", us", "SSHRI") is the developer and publisher of the internet resource http://sankardevahospital.com and its sub domain's (together referred to as "Websites") on the world wide web as well as other connected software and applications provided by SSHRI, including but not limited to the mobile applications (referred to as "App", and together with Websites referred to as "Services"). SSHRI provides the Services in partnership with its agents, affiliates, associates, representatives or other third parties (together referred to as "Partners")
1. NATURE AND APPLICABILITY OF TERM
The Agreement applies to you whether you are -
1. A patient, his/her representatives/ attendant/ relative/ friend or affiliates ("you" or "User"); or
2. A user of the Website or App ("you" or "User").
This Agreement applies to all services made available by SSHRI on the Website or App.
The Services may change from time to time, at the sole discretion of SSHRI, and the Agreement will apply to your visit to and your use of the Website or App to avail the Service, as well as to all information provided by you on the Website or App at any given point in time.
This Agreement defines the terms and conditions under which you are allowed to use the Website and App and describes the manner in which we shall treat your account while you are registered as a member with us. If you have any questions about any part of the Agreement, feel free to contact us at email@example.com.
By downloading or accessing the App or Website to use the Services, you irrevocably accept all the terms and conditions stipulated in this Agreement and agree to fully abide by them.
This Agreement supersedes all previous oral and written terms and conditions (if any) communicated to you. By availing any Service, you signify your agreement and acceptance to this Agreement.
We reserve the right to modify or terminate any portion of the Agreement for any reason and at any time.
You should read the Agreement at regular intervals. Your use of the App or Website following any such modification constitutes your agreement to follow and be bound by the Agreement so modified. Any additional terms and conditions, disclaimers, privacy policies and other policies applicable in general and/ or to specific areas of this Website or to particular Service are also considered as part of the Agreement.
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 SSHRI. The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but not limited to:
1. the (Indian) Information Technology Act, 2000, and
2. the Indian Contract Act, 1872,
3. 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. END-USER ACCOUNT AND DATA PRIVACY
2. SSHRI and its Partners may by the Services, collect information relating to the devices through which you access the Website, location from which you access and anonymous data of your usage. The collected information will be used only for improving the quality of the Services and to build new services.
3. The Website and App allows SSHRI and its Partners to have access to Users’ personal email or phone number, for the purpose of communication and analytics.
4. 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 or App. 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 SSHRI of any actual or suspected unauthorized use of the User’s account or password. Although SSHRI will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of SSHRI or others due to such unauthorized use.
5. If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or SSHRI has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, SSHRI has the right to discontinue the Services to the User at its sole discretion.
6. It is your responsibility to keep your correct mobile number and email ID updated in the Website or App. All reminders and notifications 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. SSHRI is not responsible for any loss or inconvenience caused due to your non-updation of your contact details
7. SSHRI and its Partners may use such information collected from the Users from time to time for the purposes of debugging customer support related issues
a. This facility is only enabled or created for you after you have signed up and explicitly accepted these Terms.
b. Information available in your Health Account is of two types:
i. Patient-created: Information generated and uploaded by you.
ii. SSHRI-created: Information generated by your consuming a medical service in SSHRI hospital like consult, diagnostic test, admission, etc.
c. Any SSHRI-created information is provided on an as-is basis and SSHRI makes no representation in connection therewith.
d. The accuracy, adequacy, reliability and liability of any Patient-created information generated or created by a User is the sole responsibility of the User. You fully indemnify and hold harmless SSHRI and its Partners with respect to any inaccuracies, inadequacy, error, loss, problem, liability or any other issue arising out of any Patient-created information entered or accessed by the You or on your behalf on the Website or App.
e. The personal health record facility is provided on a best-efforts as-is basis. While we strive to maintain the highest levels of service availability, SSHRI or its Partners are not liable for any interruption that may be caused to your access of the Services.
f. Any health related reminder or notification service (like medication reminder, appointment reminder, etc.) that may form part of the Services is only a supplementary way of notifying or reminding you of actions to take related to your health. SSHRI is not liable if for any reason a reminder or notification is not delivered to you or are delivered late or delivered incorrectly, despite its best efforts or if your health is impacted negatively due to the same.
h. If you access your dependents’ record through your personal health record by registering your dependents with your own personal health record, you are deemed to be responsible for the records of your dependents and all obligations that your dependent’s would have had had they maintained their own separate individual personal health record.
i. If you provide anyone else access to your personal health record, you are deemed to be responsible for all actions, access, transaction that that person takes related to your personal health record either on their own or independently. SSHRI or its Partners are not responsible or liable for any action, transaction, loss, leakage or any other liability arising out of this.
3. LISTING CONTENT AND DISSEMINATING INFORMATION
1. SSHRI 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. SSHRI takes reasonable efforts to ensure that such information is updated at frequent intervals. SSHRI cannot be held liable for any inaccuracies or incompleteness represented from it, despite such reasonable efforts.
2. The Services provided by SSHRI or any of its licensors or Partners 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). SSHRI and its Partners do not provide or make any representation, warranty or guarantee, express or implied about the Website, App or the Services. SSHRI and its Partners do not guarantee the accuracy or completeness of any content or information provided by Users on the Website. To the fullest extent permitted by law, SSHRI and its Partners disclaim all liability arising out of the User’s use or reliance upon the Website, App, 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 SSHRI or its Partners or any User in relation to any User or services provided by such User.
3. The Website or App may be linked to the website of third parties, affiliates and business partners. SSHRI 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 or App. Inclusion of any link on the Website or App does not imply that SSHRI endorses the linked site. User may use the links and these services at User’s own risk.
4. SSHRI and its Partners assume 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 App or the downloading of any material, data, text, images, video content, or audio content from the Website or App. If a User is dissatisfied with the Website or App, User’s sole remedy is to discontinue using the Website or App.
5. If SSHRI determines through feedback or otherwise that you have provided fraudulent, inaccurate, incomplete or false information, SSHRI reserves the right to immediately suspend your access to the Website or any of your accounts with SSHRI and makes such declaration about suspension on the website alongside your name as determined by SSHRI for the protection of its business and in the interests of Users. You shall be liable to indemnify SSHRI and its Partners for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected SSHRI, its Partners or its Users.
4. BOOKING APPOINTMENTS, DIAGNOSTIC TESTS, ORDERING MEDICINES AND INTERACTION WITH MEDICAL SERVICE PROVIDERS
1. While SSHRI will try to ensure a confirmed appointment with a medical service provider (like doctor or diagnostic lab) for a User who requested an appointment on the Website or App, SSHRI or its Partners do not guarantee that the User will get a confirmed appointment. Further, SSHRI and its Partners have no liability if such an appointment is confirmed but later cancelled, postponed or rescheduled by the hospital or medical service provider, or the medical service provider are not available as per the given appointment time.
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 SSHRI or its Partners responsible for any such interactions and associated issues and SSHRI will not be held responsible or liable for the same. For avoidance of doubt, the Services are not to provide any healthcare or medical advice or diagnosis and hence SSHRI and its Partners are not responsible for any medical or other outcomes between you and the medical service providers you interact with, pursuant to any interactions on the Website or App. If you decide to engage with a medical service provider to provide medical services to you, you do so at your own risk. SSHRI or its Partners shall not be responsible for any breach of service or service deficiency by any medical service provider you connect, engage or transact with using the Website or App. We advise you to perform your own investigation or get feedback prior to selecting a doctor or any other service provider available on the Website or App.
4. Without prejudice to the generality of the above, SSHRI or its Partners will not be liable for:
1. any wrong medication or treatment quality being given by the doctor(s), diagnostic service provider(s), pharmacy(s), or any medical negligence on part of the any of the above;
2. any type of inconvenience suffered by the User due to a failure on the part of the medical service provider including doctor to make himself/herself available at the appointed time, no show by the doctor, inappropriate treatment, or similar difficulties;
3. cancellation or rescheduling of booked appointment or any variance in the fees charged;
4. any medical eventualities that might occur subsequent to using the services of a doctor, diagnostic lab services, pharmacy, whom the User has selected on the basis of the information available on the Website or App or with whom the User has booked an appointment or performed a transaction through the Website or App.
5. Further, SSHRI 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 SSHRI’s sole discretion and may be modified or withdrawn at its sole discretion. SSHRI may moderate such feedback at any time. SSHRI shall not be obliged to act in any manner to give effect to the content of Users' feedback.
5. ONLINE PAYMENT ON WEBSITE AND APP
1. The Website and App provide you the ability to pay online through a third party payment gateway for some of the Services available on the Website or App.
6. NO DOCTOR PATIENT RELATIONSHIP NOT FOR EMERGENCY USE
• 1. 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 SSHRI 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.
2. It is hereby expressly clarified that, the Information that you obtain or receive from SSHRI, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Website is for informational purposes only. In no event shall SSHRI be liable to you or anyone else for any decision made or action taken by you in reliance on such information.
3. The Services are not intended to be a substitute for getting in touch with emergency healthcare. If you are an User facing a medical emergency (either on your or a another person’s behalf), please contact an ambulance service, hospital, doctor or appropriate medical professional directly.
7. INTELLECTUAL PROPERTY RIGHTS
1. The contents of the Website and App are protected by intellectual property laws of India including without limitation to trademark and copyright laws. Reproduction, retransmission, public and/or commercial use of any or all the material on the Website and App are prohibited. The logos, service marks and trademarks ("IP Marks") displayed on the Website or App are the property of SSHRI or its Partners or have been licensed to SSHRI or its Partners by the relevant owners for use. The User may use this material only as expressly authorized by SSHRI or its Partners and shall not copy, transmit or create derivative works of such material without express authorization from SSHRI or its Partners.
2. The User acknowledges and agrees that they shall not upload, post, reproduce or distribute any content on or through the Website or App that is protected by copyright or other proprietary right of a third party, without obtaining the permission of the owner of such right. Any copyrighted or other proprietary content distributed on or through the Website or App with the consent of the owner must contain the appropriate copyright or other proprietary rights notice. The unauthorized submission or distribution of copyrighted or other proprietary content is illegal and could subject the User to personal liability or criminal prosecution. Nothing on the Website or App should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any trademarks without written permission from SSHRI.
1. SSHRI 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 where:
1. Such User breaches any terms and conditions of the Agreement;
2. A third party reports violation of any of its right as a result of your use of the Services;
3. SSHRI is unable to verify or authenticate any information provide to SSHRI by a User;
4. SSHRI has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User; or
5. SSHRI believes in its sole discretion that User's actions may cause legal liability for such User, other Users or for SSHRI or its Partners or are contrary to the interests of the Website.
2. Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Website under the same account, a different account or re-register under a new account. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages, files and other material kept on the Website by such User. The User shall ensure that he/she/it has continuous backup of any medical services the User has rendered in order to comply with the User’s record keeping process and practices.
9. APPLICABLE LAW AND DISPUTE SETTLEMENT
1. You agree that this Agreement and any contractual obligation between the Company and User will be governed by the laws of India.
2. Subject to the above Paragraph above, the courts at Assam shall have exclusive jurisdiction over any disputes arising out of or in relation to this Agreement, your use of the Website or the Services or the information to which it gives access.
10. CONTACT INFORMATION
1. If a User has any questions concerning the Company, the Website or App, this Agreement, the Services, or anything related to any of the foregoing, please write to us at firstname.lastname@example.org.
2. In accordance with the Information Technology Act, 2000, and the rules made there under, if you have any grievance with respect to the Website or App or the Service, including any discrepancies and grievances with respect to processing of information, you can address your grievance to the above email address.