ADDITIONAL TERMS OF USE FOR HEALTH CARE PROFESSIONALS
Welcome to the portal www.connect2clinic.com and connect2clinic’c mobile
application (the URLs and mobile application together referred to as
"Websites" and individually a "Website"). These terms and conditions
specific to Health Care Professionals ("HCP Terms ") form a legally
binding agreement between Connect 2 Clinic Private Limited ("We" or "Us"
or Our or "connect2clinic” or "Company"), having its registered office
at, Alkem House, Senapati Bapat Marg, Lower Parel (West), Mumbai – 400
013, Maharashtra, India and You ("You" or "Your"), as a Health Care
Professional User of Our Website, System and Services.
You and We are hereinafter collectively referred to as the "Parties".
By clicking "sign up" or "start my free trial" or "get started for free"
or the 'I accept' or the ‘I agree’ tab at the time of registration, or
by entering into an agreement with connect2clinic provide committed
services as set out in these HCP Terms, or through the continued use of
the System and/or Services, or by Accessing the System and/or Services
through any medium, including but not limited to accessing the System
through mobile phones, smart phones and tablets, You agree to be subject
to these HCP Terms.
We request You to please read these HCP Terms carefully and do not click
"sign up" or "start my free trial" or "get started for free" "I accept"
“I agree” or continue the use of the Website, System and Service unless
You agree fully with these HCP Terms.
These HCP Terms are in addition to the
Terms of Use of the Website, the
Privacy Policy and any other policy which may
govern the use of the Website, System and Services (referred to as the
"Other Terms" and collectively with the HCP Terms referred to as
"Agreement")
1. Definitions
As used in these HCP Terms, the following terms shall have the meaning
set forth below:
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(i) "Account" means credit or debit balance maintained by You with the
Website;
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(ii) "Effective Date" means the Date on which You accept these HCP
Terms by clicking 'Sign Up' or "start my free trial" or "get started
for free" or 'I Accept';
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(iii) "User Information" means information regarding Registered Users
which includes personal and medical information and any other
information which may be provided by a Registered Users to You or may
be transferred to You by connect2clinic;
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(iv) "Services" means the services offered to You by connect2clinic
that involves use of the System, which may include the practice
management service, electronic medical records service and other
services as may be introduced by connect2clinic from time to time;
- (v) "Website" means www.connect2clinic.com
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(vi) "System" means the technology platform provided as part of the
Website consisting of hardware and / or software used or provided by
Us for the purpose of providing the Services to You;
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(vi) “Registered Users” are users who have registered themselves an
account on the Website by providing connect2clinic with certain
information and who can log on to the Website by providing their
username and password.
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(vii) "Non-Registered Users" are users who are not registered with the
Website but may access information on the Website.
All other capitalized terms shall have the meaning ascribed to them in
the Other Terms.
2. Grant of Rights
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(i) Subject to the terms of the Agreement, we grant to You and You
accept a non-exclusive, personal, non-transferable, limited right to
have access to and to use the System for the duration of Your
engagement with Us.
The aforementioned right does not extend to : (a) use the System for
time-sharing, rental or service bureau purposes; (b) make the
System, in whole or in part, available to any other person, entity
or business; (c) modify the contents of the Systems and the Website
or use such content for any commercial purpose, or any public
display, performance, sale or rental other than envisaged in the
Agreement; (c) copy, reverse engineer, decompile or disassemble the
System or the Website, in whole or in part, or otherwise attempt to
discover the source code to the software used in the System; or (d)
modify the System or associated software or combine the System with
any other software or services not provided or approved by Us.
You will obtain no rights to the System except for the limited
rights to use the System expressly granted by these HCP Terms.
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(ii) The System/Website may links or references which direct you to
third party websites / applications / content or service providers,
including advertisers and e-commerce websites (collectively referred
to as "Third Party Websites"). Links to such Third Party Websites are
provided for your convenience only. Please exercise your independent
judgment and prudence when visiting / using any Third Party Websites
via a link available on the System / Website. Should You decide to
click on the links to visit such Third Party Website, You do so of
Your own volition. Your usage of such Third Party Websites and all
content available on such Third Party Websites is subject to the terms
of use of the respective Third Party Website and we is not responsible
for Your use of any Third Party Websites
3. By accepting these HCP Terms, You agree that:
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i. You will acquire, install, configure and maintain all hardware,
software and communications systems necessary to access the System
("Implementation") and receive the Services. Your Implementation will
comply with the specifications from time to time established by Us.
You will ensure that Your Implementation is compatible with the System
and Services. If We notify You that Your Implementation is
incompatible with the System and / or Services, You will rectify such
incompatibility, and We will have the right to suspend Services to You
until such rectification has been implemented. Under no circumstances
will You be eligible for any refund or any financial assistance in
relation to Implementation.
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ii. You would be required to fully abide by Indian Medical Council
(Professional conduct, Etiquette and Ethics) Regulations, 2002 and
with the relevant provisions of the Information Technology Act, Data
protection and privacy laws or any applicable rules notified from time
to time for protecting patient privacy and confidentiality and
regarding the handling and transfer of such personal information
regarding the patient. This will be binding and must be upheld and
practiced.
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iii. You will ensure that reasonable degree of care is undertaken
during use of Our Services. You will not be held responsible for
breach of confidentiality if there is a reasonable evidence to believe
that patient’s privacy and confidentiality has been compromised by a
technology breach or by a person other than HCPs.
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iv. In addition to all general requirements under the MCI Act for
professional conduct, ethics etc, while using these Services all
actions that wilfully compromise patient care or privacy and
confidentiality, or violate any prevailing law are explicitly not
permissible.
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v. You will not initiate following actions while availing the Services
as this will lead to misconduct and are not permissible: (a) insisting
on availing the Services, when the patient is willing to travel to a
facility and/or requests an in-person consultation (b) misusing
patient images and data, especially private and sensitive in nature
(e.g. HCP uploads an explicit picture of patient on social media etc)
(c) prescribe medicines from the specific restricted list (d) solicit
patients for Services through any advertisements or inducements
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vi. For issuing a prescription, You need to explicitly ask the age of
the patient, and if there is any doubt, seek age proof. Where the
patient is a minor, after confirming the age, Services based
consultation would be allowed only if the minor is consulting
along-with an adult whose identity needs to be ascertained.
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vii. Services based consultation should be treated the same way as
in-person consultations from a fee perspective. You may charge an
appropriate fee for the consultation provided. You should also give a
receipt/invoice for the fee charged for providing Services based
consultation.
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viii. You are entitled to provide Services based consultation to Users
from any part of India.
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ix. You using Services will uphold the same professional and ethical
norms and standards as applicable to traditional in-person care,
within the intrinsic limitations of telemedicine guidelines.
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x. You are familiar with Telemedicine Practice Guidelines under
“Indian Medical Council (Professional Conduct, Etiquette and Ethics)
(Amendment) Regulations, 2020 as well as with the process and
limitations of telemedicine practice:
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• An online program will be developed and made available by the
Board of Governors in supersession of Medical Council of India.
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• All registered medical practitioners intending to provide online
consultation need to complete a mandatory online course within 3
years of its notification.
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• In the interim period, the principles mentioned in these
guidelines need to be followed.
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• Thereafter, undergoing and qualifying such a course, as
prescribed, will be essential prior to practice of telemedicine.
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xi. You may prescribe medicines via Services ONLY when You are
satisfied that you have gathered adequate and relevant information
about the Registered User’s medical condition and prescribed medicines
are in the best interest of the Registered User. Prescribing Medicines
without an appropriate diagnosis/provisional diagnosis will amount to
a professional misconduct.
4. Access to the System and Use of Services
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(i) Verification.
You agree that Your receipt of Services is subject to verification by
Us of Your identity and credentials as a health care practitioner and
to Your ongoing qualification as such. As part of the registration
process and at any time thereafter, You may be required to provide Us
with various information such as Your Photo Id, Your medical
registration details (as recognized by the Medical Council of India
and Your State Medical Council), Your qualifications and other
information in order to prove that You are a valid health care
practitioner in the field that You claim ("Credential Information").
We may verify such Credential Information or may ask You for
additional information. We may also make enquiries from third parties
to verify the authenticity of Your Credential Information. You
authorize Us to make such enquiries from such third parties, and You
agree to hold them and Us harmless from any claim or liability arising
from the request for or disclosure of such information. You agree that
We may terminate Your access to or use of the System and Services at
any time if We are unable at any time to determine or verify Your
Credential Information. We reserve to right to carry out
re-verification of Credential Information as and when required, and
the above rights and commitments will extend to re-verification as
well.
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(ii) Safeguards.
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a) You will implement and maintain appropriate administrative,
physical and technical safeguards to protect the System from
access, use or alteration; and You will always use the User ID
assigned to You.
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b) You will immediately notify Us of any breach or suspected
breach of the security of the System of which You become aware, or
any unauthorized use or disclosure of information within or
obtained from the System, and You will take such action to
mitigate the breach or suspected breach as We may direct, and will
cooperate with Us in investigating and mitigating such breach.
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(iii) No Third-Party Access.
You will not permit any third party to have access to the System
or to use the System. You will not allow any third party to access
the System or provide information to Registered Users on the
Website. You will promptly notify Us of any order or demand for
compulsory disclosure of health information if the disclosure
requires access to or use of the System or Services.
5. Compliance
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(i) You are solely responsible for ensuring that Your use of the
System and the Services complies with applicable law. You will also
ensure that Your use of the System, the Website and the Services in
always in accordance with the terms of the Agreement. You will not
undertake or permit any unlawful use of the System or Services, or
take any action that would render the operation or use of the System
or Services by us.
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(ii) Without limiting the generality of the foregoing, You represent
that You shall not use the System in violation of any applicable laws
including MCIs Code of Medical Ethics Regulations or any other code of
conduct governed by your council. Notwithstanding the generality of
the foregoing, You shall not use the System to
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a) Interact with a Registered Users at the time of medical
emergencies.
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b) Discriminate in any way between appointments booked in the
ordinary course and appointments booked through connect2clinic.
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c) Boast of cases, operations, cures or remedies through System,
Services or Website.
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d) Directly or indirectly solicit Registered Users for
consultation.
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e) Claim to be a specialist, through System, Services or Website,
unless You have a special qualification in that branch.
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f) Give any positive assertion or representation regarding the
risk-free nature of communicating over online media.
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g) if there is neither implied (if the Registered User initiates
the Services) nor explicit consent (if HCP initiates Services)
received from the Registered Users for availing the Services of
the Website.
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(iii) You shall keep Your Credential Information updated and will
inform Us immediately should any portion of Your Credential
Information be revoked, is cancelled or expires.
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(iv) In the event some non-compliance is noted, the connect2clinic
shall be required to report the same to Board of Governors, in
supersession to Medical Council of India who may take appropriate
action.
6. User information
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(i) You hereby acknowledge that You may get access to User Information
including identifiable health related information.
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(ii) You represent and warrant that You will, at all times during the
use of the Services and thereafter, comply with all laws directly or
indirectly applicable to You that may now or hereafter govern the
collection, use, transmission, processing, receipt, reporting,
disclosure, maintenance, and storage of User Information, including
but not limited to the Information Technology Act, 2000 and The
Information Technology (Reasonable Security Practices and Procedures
and Sensitive Personal Data or Information) Rules, 2011 made
thereunder.
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(iii) You must ensure and record explicit consent of the Registered
User if You initiates Services based consultation for / to Registered
User. An Explicit consent can be recorded in any form. Registered User
can send an email, text or audio/video message and can state his/her
intent on phone/video to You.
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(iv) Notwithstanding the generality of the aforementioned provision
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(a) You acknowledge that You have read, understood and agree to
comply with connect2clinic's
Privacy Policy when dealing with User
Information.
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(b) You represent and warrant that You will not use the User
Information of Registered Users and Non-Registered Users for any
purposes which is not forming part of this Agreement.
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(c) You represent and warrant that You will use the Services in
accordance with applicable law. Any contravention of applicable
law as a result of your use of these Services is the
practitioner’s sole responsibility, and connect2clinic accepts no
liability for the same. You will continue to be in compliance with
and obey all central, state, and local laws, regulations, and
ordinances relating to the Services that you will provide
hereunder.
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(d) You represent and warrant that you are qualified in the area
of expertise that you represents as being his qualification and a
Registered Medical Practitioner enrolled and registered under the
State Medical Register or the Indian Medical Register under the
Indian Medical Council Act 1956,
7. Cooperation
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(i) You will cooperate with Us in the administration of the System,
including providing reasonable assistance in evaluating the System and
collecting and reporting data requested by Us for the purposes of
administering the System.
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(ii) We may provide Your reference to other potential users of the
system as a referral to Our Services. In case You would not like to be
contacted by potential users, You can send Us an email at
hello@connect2clinic.com regarding the same. We shall cease providing
Your reference to potential users within 48 hours of receipt of such
written request.
8. Providing Physician Data
You agree that We may provide de-identified health information and other
information including Your personal information and information
concerning Your practice to any medical group, independent practice
association of physicians, health plan or other organization including
any organization with which You have a contract to provide medical
services, or to whose members or enrollees You provide medical services.
Such information may identify You, but will not identify any individual
to whom You provide services. Such information may include (without
limitation) aggregate data concerning Your patients, diagnoses,
procedures, orders etc.
9. Intellectual Property Rights
All intellectual property rights in and title to the System, the present
or future modifications / upgradations thereof and standard enhancements
thereto shall remain the property of connect2clinic. These HCP Terms or
the Agreement do not and shall not transfer any ownership or proprietary
interest in the System from connect2clinic to You. We reserves the right
to remove any content which it may determine at its own discretion as
violating the intellectual property rights of any other person,
including but not limited to patent, trademark, copyright or other
proprietary rights.
10. Relationship between the Parties:
Nothing contained in this agreement shall be construed to be a joint
venture or partnership or the principal-agent (or the agent-principal)
relationship between the Company and the HCP. The Company shall not be
liable for any services provided or to be provided by HCP to the
Registered Users. The Company shall not be and shall not be deemed to be
a party, directly or indirectly, to any contract for services between
the HCP and the Registered User. The Company shall not be the agent of
the Registered Users and shall not be responsible for the acts committed
by them including non-payment of the consultation fees.
11. Privity of contract between Registered User and HCP
connect2clinic is not a party to any service contract between You and
Registered User. Each HCP hereby acknowledges and agrees that
connect2clinic is not a party to any oral or written agreement for
service, negotiation worksheet, or any contract entered into between HCP
and Registered User in connection with any service offered, directly or
indirectly, through the Website. Each HCP acknowledges, agrees and
understands that connect2clinic only seeks to provide a platform wherein
the Registered User and HCP can be brought together and connect2clinic
itself has not role in the execution or provision of services. It is
clarified that HCP provides services directly to Registered User and
connect2clinic does not avail any services from HCP.
Nothing contained in this agreement shall be construed as to make the
connect2clinic liable for any services provided or to be provided by HCP
to the Patients. connect2clinic shall not be and shall not be deemed to
be a party, directly or indirectly, to any contract for services between
the HCP and Registered User.
No agency, partnership, joint venture, service relationship or
employment is created as a result of the terms of use or Your use of any
part of the Website. You do not have any authority whatsoever to bind
connect2clinic in any respect. All HCP are independent medical
professionals. Neither connect2clinic nor any users of the Website may
direct or control the day-to-day activities of the other, or create or
assume any obligation on behalf of the other.
Without prejudice to the generality of the above, You acknowledge that
connect2clinic is not involved in providing any healthcare or medical
advice or diagnosis and hence is not responsible for any interactions
between Registered User and HCP. Registered User understands and agrees
that connect2clinic will not be liable for:
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(i) Registered User interactions and associated issues Registered User
has with the HCP;
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(ii) the ability or intent of the HCP or the lack of it, in fulfilling
their obligations towards Registered User;
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(iii) any wrong medication or quality of treatment being given by the
HCP), or any medical negligence on part of the HCP;
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(iv) inappropriate treatment, or similar difficulties or any type of
inconvenience suffered by the Registered User due to a failure on the
part of the HCP to provide agreed Services;
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(v) any misconduct or inappropriate behaviour by the HCP or the HCP’s
staff;
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(vi) cancellation or no show by the HCP or rescheduling of booked
appointment or any variation in the fees charged
12. Fees, Charges and Taxes
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12.1. Fees:
Services based consultation should be treated the same way as
in-person consultations from a fee perspective. You may charge an
appropriate fee for the consultation (“consultation fees”) provided
to the Registered Users. You should also give a receipt to the
Registered Users for the consultation fee charged for providing
Services based consultation whether or not such fees are paid by the
Registered Users directly to you or to the Company on your behalf
though the System. Where the consultation fees are collected by the
Company from the Registered Users through System, the Company shall
make such collection and shall also issue the receipt to the
Registered Users for, and on behalf of HCP for the said purpose.
Such receipts shall be issued by the Company only for accounting
purposes. Till the time, said amount is remitted by the Company to
the HCP, the Company will hold the same in trust.
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12.2. Charges:
The Company may charge convenience charges / such other charges as
it deem fit to the Registered Users/ HCP using the System. Such
charges shall be the income of the Company.
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12.3. Taxes
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(i) All payments made by the Company to HCP including payment of
consultation fees collected by the Company on behalf of HCP shall
be subject to the deduction of taxes at source as per provisions
of Income Tax Act 1961 prevailing at the time of each
credit/payment (wherever applicable).
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(ii) The Company shall remit the consultation fees to the HCP
after making therefrom all the statutory deductions such as Tax
Deducted at Source/Tax Collected at Source under the provisions of
Income Tax Act 1962/ Goods and Services Tax Act 2017 as
applicable.
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(iii) The HCP has represented to the Company that, services
provided by him to the patient are exempted from payment of GST as
health care services and consequently, no collection of tax at
source is required to be made under Section 52 of the Central
Goods and Services Tax Act, 2017, and other GST Acts under the
State laws. In case any service is taxable and Tax Collected at
Source provisions become applicable, HCP undertakes to intimate
the same to the Company sufficiently before the making of
remittance by the Company so as to enable the Company to make
appropriate arrangements for collection of tax at source. HCP
hereby undertakes to indemnify the Company for the amount
equivalent to the liability occurred or loss suffered or any cost
incurred by the Company due to HCP’s failure to intimate to the
Company. The Company reserves right to recover the said amount
from HCP in a manner it deems fit including but not limited to the
deduction from remittances to be made to the HCP.
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(iv) HCP shall be solely responsible for the payment of Income-tax
or GST or any other taxes and related compliances on the fees to
be collected by the Company as mentioned in clause 12.3. above,
under the contract for services between the HCP and the patient.
The Company shall be solely responsible for the taxation of the
charges, if any, collected by it from the HCP/patients, for
services provided by the Company to HCP/ patients.
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(v) You are responsible for any charges You incur to use the
System, such as telephone and equipment charges, and fees charged
by third-party vendors of products and services.
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(vi) We reserve to change the terms applicable to fee at any point
in time by giving You fifteen (15) days' prior intimation via
email. The revised fee terms shall be automatically applicable to
You after the fifteen (15) days' notice period. You agree that no
separate confirmation or approval is required from You to amend
the terms with regard to the fee.
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12.4. Collection and Settlement of Fees
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(i) The HCP Fees collected by connect2clinic on your behalf from
Registered Users shall be disbursed to your bank within 2 workings
days of the date of successful completion of the consultation i.e.
T +2 ( Successful Consultation Date +2 working Days) for which
such HCP Fees were collected.
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(ii) You hereby grant Us written consent to collect, store, handle
and use Your financial information such as bank account or credit
card or debit card or other payment instrument details for the
purpose of paying for Services and access to System in accordance
with Our Privacy Policy.
13. Confidential Information
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(a) You will treat all information received from Us as confidential.
You may not disclose Our confidential information to any other person,
and You may not use any confidential information except as provided
herein. Except as otherwise provided in HCP Terms and Other Terms, You
may not, without Our prior written consent, at any time, during or
after the applicability of these HCP Terms, directly or indirectly,
divulge or disclose confidential information for any purpose or use
confidential information for Your own benefit or for the purposes or
benefit of any other person. You agree to hold all confidential
information in strict confidence and to take all measures necessary to
prevent unauthorized copying, use, or disclosure of confidential
information, and to keep the confidential information from being
disclosed into the public domain or into the possession of persons not
bound to maintain confidentiality. You will disclose confidential
information only to your employees, agents or contractors who have a
need to use it for the purposes permitted under the HCP Terms and
Other Terms only. You will inform all such recipients of the
confidential nature of confidential information and will instruct them
to deal with confidential information in accordance with these HCP
Terms. You will promptly notify Us in writing of any improper
disclosure, misappropriation, or misuse of the confidential
information by any person, which may come to Your attention.
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(b) You agree that We will suffer irreparable harm if You fail to
comply with the obligations set forth in this Section 13, and You
further agree that monetary damages will be inadequate to compensate
Us for any such breach. Accordingly, You agree that We will, in
addition to any other remedies available to Us at law or in equity, be
entitled to seek injunctive relief to enforce the provisions hereof,
immediately and without the necessity of posting a bond.
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(c) This Section 13 will survive the termination or expiration of
these HCP Terms or Agreement for any reason.
14. Disclaimer and Exclusion of Warranties
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(a) you acknowledge that access to the system will be provided over
various facilities and communication lines, and information will be
transmitted over local exchange and internet backbone carrier lines
and through routers, switches, and other devices (collectively,
"Carrier lines") owned, maintained, and serviced by third-party
carriers, utilities, and internet service providers, all of which are
beyond our control. We assume no liability for or relating to the
integrity, privacy, security, confidentiality, or use of any
information while it is transmitted on the carrier lines, or any
delay, failure, interruption, interception, loss, transmission, or
corruption of any data or other information attributable to
transmission on the carrier lines. Use of the carrier lines is solely
at your risk and is subject to all applicable local, state, national,
and international laws.
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(b) the services, the website the system, access to the system and the
information contained on the system is provided "As is" and "As
available" basis without any warranty of any kind, expressed or
implied, including but not limited to the implied warranties of
merchantability, fitness for a particular purpose, and
non-infringement. You are solely responsible for any and all acts or
omissions taken or made in reliance on the system or the information
in the system, including inaccurate or incomplete information. It is
expressly agreed that in no event shall we be liable for any special,
indirect, consequential, remote or exemplary damages, including but
not limited to, loss of profits or revenues, loss of use, or loss of
information or data, whether a claim for any such liability or damages
is premised upon breach of contract, breach of warranty, negligence,
strict liability, or any other theory of liability, even if we have
been apprised of the possibility or likelihood of such damages
occurring. We disclaim any and all liability for erroneous
transmissions and loss of service resulting from communication
failures by telecommunication service providers or the system.
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(c) you acknowledge that other users have access to the system and are
receiving our services. Such other users have committed to comply with
these terms & conditions and our policies and procedures concerning
use of the system; however, the actions of such other users are beyond
our control. Accordingly, we do not assume any liability for or
relating to any impairment of the privacy, security, confidentiality,
integrity, availability, or restricted use of any information on the
system resulting from any users' actions or failures to act.
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(d) we are not responsible for unauthorized access to your, data,
facilities or equipment by individuals or entities using the system or
for unauthorized access to, alteration, theft. Corruption, loss or
destruction of your, data files, programs, procedures, or information
through the system, whether by accident, fraudulent means or devices,
or any other means. You are solely responsible for validating the
accuracy of all output and reports, and for protecting your data and
programs from loss by implementing appropriate security measures,
including routine backup procedures. You hereby waive any damages
occasioned by lost or corrupt data, incorrect reports, or incorrect
data files resulting from programming error, operator error, equipment
or software malfunction, security violations, or the use of
third-party software. We are not responsible for the content of any
information transmitted or received through our provision of the
services.
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(e) we expressly disclaim any liability for the consequences to you
arising because of your use of the system or the services.
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(f) we do not warrant that your use of the system and the services
under these terms will not violate any law or regulation applicable to
you.
15. Limitation of liability
Notwithstanding the other terms of these hcp terms, in the event
connect2clinic should have any liability to you or any third party for
any loss, harm or damage, you and connect2clinic agree that such
liability shall under no circumstances exceed the value of any fees
received by connect2clinic from you in the preceding twelve months or
inr 5000 whichever is lower. You and connect2clinic agree that the
foregoing limitation of liability is an agreed allocation of risk
between you and connect2clinic. You acknowledge that without your assent
to this section 14, connect2clinic would not provide access to the
system, to you.
16. Indemnification
You agree to indemnify, defend, and hold harmless connect2clinic , Our
and their affiliates, officers, directors, and agents, from and against
any claim, cost or liability, including reasonable attorneys' fees,
arising out of: (a) the use of the Services; (b) any breach by You of
any representations, warranties or agreements contained in these HCP
Terms ; (c) the actions of any person gaining access to the System under
a User ID assigned to You; (d) the actions of anyone using a User ID,
password or other unique identifier assigned to You that adversely
affects the System or any information accessed through the System; (e)
Deaths or any severe injury of any registered user; (f) Breach of law or
applicable guidelines; (g) claim by any third party related to Service
provided by You to the Registered User under the Agreement; (h) all
claims that may arise as a result of any third party intellectual
property right claim that may arise from the uploading of any Content by
you on the connect2clinic’s platform (i) all claims that may arise as a
result of any third party intellectual property claim if You downloads,
copies or otherwise utilizes an image from the connect2clinic’s Gallery
for Your personal or commercial gain.
17. Termination; Modification; Suspension
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(a) We or You may terminate our Services at any time without cause
upon thirty (30) days prior written notice to You.
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(b) We may update or change the Services and/or the HCP Terms and/ or
the Service Fee set forth in these HCP Terms from time to time and
recommend that You review these HCP Terms on a regular basis. You
understand and agree that Your continued use of the Services after the
HCP Terms has been updated or changed constitutes Your acceptance of
the revised HCP Terms. Without limiting the foregoing, if We make a
change to these HCP Terms that materially affects Your use of the
Services, We may post notice on the Website or notify You via email of
any such change.
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(d) We may terminate the provision of Services to You through the
System immediately upon notice to You: (i) if You are named as a
defendant in a criminal proceeding for a violation of federal or state
law; (ii) if a finding or stipulation is made or entered into that You
have violated any standard or requirement of federal or state law
relating to the privacy or security of health information is made in
any administrative or civil proceeding; or (iii) You cease to be
qualified to provide services as a health care professional, or We are
unable to verify Your qualifications as notified to Us under these HCP
Terms.
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(e) We may suspend Your Services immediately pending Your cure of any
breach of these HCP Terms, or in the event We determine in Our sole
discretion that access to or use of the System by You may jeopardize
the System or the confidentiality, privacy, security, integrity or
availability of information within the System, or that You have
violated or may violate these HCP Terms or Other Terms, or has
jeopardized or may jeopardize the rights of any third party, or that
any person is or may be making unauthorized use of the System with any
User ID assigned to You. Our election to suspend the Services shall
not waive or affect Our rights to terminate these HCP Terms as
applicable to You as permitted under these HCP Terms.
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(f) Upon termination, You will cease to use the System and We will
terminate Your access to the System. Upon termination for any reason,
You will remove all software provided under HCP Terms from Your
computer systems, You will cease to have access to the System, and You
will return to Us all hardware, software and documentation provided by
or on behalf of Us.
18. Independent Services
Your use of each Service confers upon you only the rights and
obligations relating to such Service, and not to any other service that
may be provided by connect2clinic. connect2clinic shall not be liable
and responsible for Your ranking on external websites and search
engines.
19. Dispute between Registered User and HCP
Any dispute arising between Registered User and HCP is solely between
You and Registered User and connect2clinic which may without prejudice
be relating to consultation, medical prescription, leak of Registered
User sensitive data. You acknowledge that connect2clinic is only a
facilitator providing technology base to connect You and Registered User
and has no role to play in any services provided by You.
20. Undertaking
You undertake and ensure that you are duly registered, licensed and
qualified to practice medicine/ provide health care, wellness services,
as per applicable laws/regulations/guidelines set out by competent
authorities and You will not be part of any arrangement which will
prohibit You from practicing medicine within the territory of India. You
ensure that at all times all the applicable laws that govern You will be
followed and utmost care will be taken in terms of the Services being
rendered.