TERMS OF USE

Welcome to the portal www.connect2clinic.com and connect2clinic’s mobile application (the URLs and mobile application together referred to as "Websites" and individually a "Website"). The Website is operated by Connect 2 Clinic Private Limited having registered office at, Alkem House, Senapati Bapat Marg, Lower Parel (West), Mumbai – 400 013, Maharashtra, India to regularly update the website. The terms 'You' or 'Your' refer to You as the User (irrespective of whether You are a Registered User or a Non-Registered User or an Healthcare Practitioner (HCP)) and the terms 'connect2clinic', 'We', 'Us', 'Company', and 'Our' refer to Connect 2 Clinic Private Limited.

PLEASE CAREFULLY READ THE FOLLOWING TERMS OF USE OF THE WEBSITE. THESE TERMS OF USE, TOGETHER WITH THE PRIVACY POLICY, ADDITIONAL TERMS OF USE FOR HCPS AND ANY OTHER POLICIES AS MAY BE ADDED FROM TIME TO TIME. BY CLICKING ON THE 'I ACCEPT' OR “I AGREE” BUTTON WHILE ACCESSING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, PLEASE DO NOT ACCESS OR USE THE WEBSITE.
These Terms of Use, the Privacy Policy, the Additional Terms of Use for HCPs, if applicable, together with any other policies which may be applicable to specific portions of Website and any disclaimers which may be present on the Website are referred to as "Agreement". This Agreement applies to those services made available by connect2clinic on the Website to the Users (“Services”) If You are accessing the connect2clinic mobile application, then this Agreement will continue to apply to such use. In addition, there may be additional terms (such as the terms imposed by mobile application stores) which will govern the use of the mobile application. In such case, the term 'Website' will be deemed to refer to the connect2clinic mobile application. 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. By downloading or accessing the Website, you irrevocably accept all the conditions stipulated in this Agreement and Privacy Policy, as available on the Website, and agree to abide by them. The features / services of this Website are available only in India. However Non-Registered Users outside India may browse through the information provided in the Website. The Agreement supersedes all previous oral and written terms and conditions (if any) communicated to You.

1. FEATURES OF THE WEBSITE

• 1.1. Users: The Website is accessible to registered users and healthcare practitioners. "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. "Non-Registered Users" are users who are not registered with the Website but may access information on the Website. Certain features of the Website are available to Registered Users only. "Health Care Practitioners" or "HCPs" are duly qualified members of medical or dental profession and (a) with whom Registered Users can book appointment using the Website or (b) who can provide information to questions raised by Registered Users or (c) with whom Registered Users can consult privately with respect to their queries or d) who can generate and provide health related information and education material for general use of Registered Users. Registered Users, Non-Registered Users and HCPs shall collectively be referred to as "Users".
• 1.2. The Website offers the following features:
  • a) For Registered Users:
    • i. Platform for obtaining generic and preliminary information from HCP to a health related question: You may ask any health related queries from your respective HCP on the Website and obtain preliminary and generic information to such question from a HCP.
    • ii. Platform to interact with HCP privately: You may interact with an HCP privately on the chat feature available on the Website or via other communication feature which the Website may provide after paying consultation fee to the HCP and convenience fee to connect2clinic as applicable from time to time.
  • b) For HCPs:
    • i. Platform to publish profile: You may upload Your profile containing Your name, qualification, experience, specialization, consultation fees, personal statement, education, professional memberships etc. on Website. Your profile is accessible to all Registered Users.
    • ii. Platform for private interaction: You may use Website for private interaction with Registered Users. In course of the private interaction, You can exchange texts, images, videos over the chat feature of the platform and communicate through other means provided by the connect2clinic such as calls.
    • iii. Platform to provide information to questions to health related questions submitted by Registered Users: You may provide Your preliminary and generic information to health related questions submitted by Registered Users.
    • iv. Platform to publish HCP-contributed health related information and education material: You may contribute health related information and education material which connect2clinic may, with or without modification, in its sole discretion, publish on the Website.
  • c) For Non-Registered Users:
    Access to HCP Profiles: Depending on the extent of information shared by HCPs at the time of registering with the Website, the HCPs' profile containing their name, qualification, experience, specialization, consultant fees, personal statement, education, professional memberships etc. can be accessed by You.
• 1.3. Types of content on the Website:
  The various types of content available on the Website may be categorised as follows:
  • 1.3.1. Content provided by Registered Users including health related queries provided by Registered Users to their HCP and interactions in the course of private interactions with HCPs ("User Content")
  • 1.3.2. Content provided by HCP including health related information and educational material; and information provided by way of responses to questions raised by Registered Users or in course of private interactions with Registered Users ("HCP Content");
  • 1.3.3. Content which connect2clinic (through itself or its contractors) has generated or procured for the Website ("connect2clinic Content").

2. TERMS OF USE OF THE WEBSITE

• 2.1. Terms of Use by all Users (Registered User, Non-Registered User and HCP)
  • 2.1.1. You will use the Website and the features provided by the Website only in relation to and in compliance with all applicable Indian laws. You will not use this Website or any feature provided by the Website for any purposes not intended under this Agreement.
  • 2.1.2. You will not deliberately use the Website in any way that is unlawful or harms connect2clinic, its directors, employees, affiliates, distributors, partners, service providers and/or any User and/or data or content on the Website.
  • 2.1.3. You understand that as part of Your registration process as well as in course of Your use of the Website, You may receive SMS messages from connect2clinic on Your registered mobile number. These messages will relate to Your registration, transactions that You carry out through the Website and any such information found suitable of Your attention by connect2clinic. Please note that connect2clinic will send these SMS messages only to the mobile number that You provide on the Website. It is Your responsibility to ensure that You provide the correct number for the transaction You wish to enter into. Further, connect2clinic may also send notifications and reminders to You with respect to appointments scheduled by You for the features that You may be using on the Website. You hereby consent to receive such messages from connect2clinic.
  • 2.1.4. By using the website and/or registering yourself at connect2clinic you authorize us to contact you via email or phone call or sms and offer you services you have opted for, imparting Services knowledge, offer promotional offers, if any running on website, for which reasons, personally identifiable information may be collected. And Irrespective of the fact if also you have registered yourself under DND or DNC or NCPR service, you still authorize us to give you a call from the connect2clinic & associate partners for the above mentioned purposes for such number of days till your engagement with us.
  • 2.1.5. connect2clinic is not a party to any service contract between HCP 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. Registered User, HCP and Non-Registered User 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.Additionally, Registered Users, HCP and Non-Registered Users acknowledge, agree and understand that connect2clinic shall have access to the healthcare information (medical records/data/history of the Registered User/Non-Registered User) for research/statistical purposes only and connect2clinic shall be at liberty to share/transfer this healthcare information to third party entities for research/statistical purposes only. Further, HCPs acknowledge and undertake that HCPs shall disclose the healthcare information to connect2clinic for research/statistical purposes only.
  • 2.1.6. 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 Registered User. 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.
• 2.2. Terms of Use by Registered User
  • 2.2.1. You acknowledge that this Website is an informative platform only. connect2clinic and this Website are not in the business of providing healthcare service or hospital services.
  • 2.2.2. We encourage You to independently verify any information You see on the Website including information provided by a HCP. You will use the Website and the features provided by the Website only in relation to and in compliance with all applicable Indian laws. You will not use this Website or any feature provided by the Website for any purposes not intended under this Agreement.
  • 2.2.3. The Website allows You to select and schedule appointments with HCPS. In doing so, connect2clinic can help providing You with lists and/or profile previews of HCPs who may be suitable to deliver the health care that You are seeking based on information that You provide to connect2clinic (such as area of specialty and geographical location).
  • 2.2.4. Please note that connect2clinic (i) does not recommend or endorse any HCPs mentioned on the Website; and (ii) does not make any representations or warranties with respect to HCPs or the quality of the healthcare services they may provide, and (iii) does not grade physicians.
  • 2.2.5. You will obtain all relevant consents and approvals prior to posting or providing any User Content.
  • 2.2.6. You may schedule an appointment on the Website for Your family members and friends. However please note that such You will be solely responsible for any activity that is undertaken through his/her account on behalf of his/her family members and friends.
  • 2.2.7. You have the option of uploading Your identifiable health information including physical, physiological and mental health condition, and medical records and history on the Website which may be accessed by the HCP at the time of private interactions using the Website.However, Registered Users, HCP and Non-Registered Users acknowledge, agree and understand that connect2clinic shall have access to the healthcare information (medical records/data/history of the Registered User/Non-Registered User) for research/statistical purposes only and connect2clinic shall be at liberty to share/transfer this healthcare information to third party entities for research/statistical purposes only. Further, HCPs acknowledge and undertake that HCPs shall disclose the healthcare information to connect2clinic for research/statistical purposes only.
  • 2.2.8. connect2clinic will levy convenience fees for each private interaction that You have with an HCP through the Website. connect2clinic will also collect the consultation fee payable to the HCP in advance on behalf of HCP and pay to HCP without retaining any share from consultation fees.
  • 2.2.9. Where the patient is a minor, after confirming the age, Services would be allowed only if the minor is consulting along-with an adult whose identity needs to be ascertained.
  • 2.2.10. You acknowledge that your ability to access and use the Service is conditioned upon the truthfulness of this certification and that the HCPs you access are relying upon this certification in order to interact with you. In the event that your certification is inaccurate, you agree to indemnify the Company and the HCPs you interact with from any resulting damages, costs or claims as set forth in the Indemnification Section below.
  • 2.2.11. To access the Service, you must first enroll to establish an individual user account ("Account"), by providing certain information. With the exception of subaccounts established for minor children of whom you are a parent or legal guardian, you agree that you will not create more than one Account, or create an account for anyone other than yourself without first receiving permission from the other person. In exchange for your use of the Service and, if applicable, in order for HCPs to send notices to you, you agree to: (i) provide true, accurate, current and complete information about yourself as prompted by our Account enrollment form; and (ii) each time you log in, maintain and promptly update such Account information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such Account information is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your Account and refuse any and all current or future use of the Service.
  • 2.2.12. You agree not to access or use the Services in an unlawful way or for an unlawful or illegitimate purpose or in any manner that contravenes this Agreement. You shall not post, use, store or transmit (a) a message or information under a false name; (b) information that is unlawful, libelous, defamatory, obscene, fraudulent, predatory of minors, harassing, threatening or hateful to any person; or (c) information that infringes or violates any of the intellectual property rights of others or the privacy or publicity rights of others. You shall not attempt to disrupt the operation of the Service by any method, including through use of viruses, Trojan horses, worms, time bombs, denial of service attacks, flooding or spamming. You shall not use the Service in any manner that could damage, disable or impair the Service. You shall not attempt to gain unauthorized access to any user accounts or computer systems or networks, through hacking, password mining or any other means. You shall not use any robot, scraper or other means to access the Service for any purpose.
  • 2.2.13. Possible Risks of Services:
    As with any medical procedure, there are potential risks associated with the use of Services. We believe that the likelihood of these risks materializing is very low. These risks may include, without limitation, the following:
    • Delays in medical evaluation and consultation or treatment may occur due to deficiencies or failures of the equipment which may include poor video and data quality.
    • Security protocols could fail, causing a breach of privacy of personal medical information. Lack of access to complete medical records may result in adverse drug interactions or allergic reactions or other negative outcomes.
    • By accepting these Terms of Use, you acknowledge that you understand and agree with the following:
      • You understand that the laws that protect privacy and the confidentiality of medical information also apply to these Services.
      • You understand that Services may involve electronic communication of your personal medical information to medical practitioners who may be located in other areas, including out of state.
      • You understand that you may expect the anticipated benefits from the use of Services, but that no results can be guaranteed or assured.
      • You understand that all information will be part of your medical record and available to you by printing the summary from the visit. This information will have the same restrictions on dissemination without your consent.
      • Except to the extent already relied upon, you understand you may withdraw your consent at any time by reaching out to our customer support and withdraw your consent and inactivate your account.
      • You understand that your healthcare information may be shared with other individuals for treatment, payment and healthcare operations, research and/or statistical purposes. Psychotherapy notes are maintained by clinicians but are not shared with others, while billing codes and encounter summaries are shared with others. If you obtain psychotherapy services, you understand that your therapist has the right to limit the information provided to you if in your therapist's professional judgment sharing the information with you would be harmful to you.
      • You further understand that your healthcare information may be shared in the following circumstances:
        • When a valid court order is issued for medical records.
        • Reporting suspected abuse, neglect, or domestic violence.
        • Preventing or reducing a serious threat to anyone's health or safety.
        • For Research and/or Statistical Purposes. By agreeing to the present Terms of Use. the Registered Users, HCPs and Non-Registered Users give express consent that connect2clinic shall have access to the healthcare information (medical records/data/history of the Registered User/Non-Registered User) for research/statistical purposes only and connect2clinic shall be at liberty to share/transfer this healthcare information to third party entities for research/statistical purposes only.
  • 2.2.14. Your consent whether implied or explicit is necessary for availing the Service of the Website. The consent can be implied or explicit depending upon the following situation:
    • If, You initiates the Services , then the consent is implied
    • An Explicit consent is needed if HCP initiates Services. An Explicit consent can be recorded in any form. You can send an email, text or audio/video message. You can state your intent on phone/video to the HCP, who must record this in his records.
  • 2.2.15. You may not access or use, or attempt to access or use, the Service to take any action that could harm us or any third party, interfere with the operation of the Service, or use the Service in a manner that violates any laws.
    Without limiting the foregoing, you agree not to:
    • Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity or the origin of any information you provide;
    • Use any device, software, or routine to interfere or attempt to interfere with the proper working of the Service or any activity conducted on the Service or attempt to probe, scan, test the vulnerability of, or breach the security of any system or network;
    • Circumvent, reverse engineer, decipher, decompile, disassemble, decrypt, or otherwise alter or interfere with (or attempt, encourage, or support anyone else's attempt to engage in such activities) any of the software comprising or in any way making up a part of the Service. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited;
    • Engage in unauthorized use of bots, spiders, scraping, or harvesting of content or information, or use any other unauthorized automated means to compile information;
    • Obtain or attempt to gain unauthorized access to other computer systems, materials, information or any services available on or through the Service;
    • Take any action that imposes an unreasonable or disproportionately large load on our network or infrastructure;
    • Upload or otherwise transmit any communication, software, or material that contains a virus or is otherwise harmful to our users' computers or systems; or
    • Engage in any other conduct that restricts or inhibits any person from using the Service, or that, in our sole judgement, exposes us or any of our users, affiliates, or any other third party to any liability, damages, or detriment of any type.
  • 2.2.16 Information Disclosure
    • Disclosure for Research and/or Statistical Purposes: We reserve the right to disclose the said Healthcare Information of Registered Users/Non-Registered Users to third party entities for research and statistical purposes only. By agreeing to the present Terms of Use, the Registered Users, HCPs and Non-Registered Users give express consent for the same.
    • Disclosure under Law: We reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, including personally identifiable information, or to edit, refuse to allow or to remove any information or materials, in whole or in part, in connect2clinic's sole discretion.
    • Providing Correct Personal Information: In the course of using the Website, you may be required to enter certain information, including without limitation personal information (collectively, "Information"). You represent and warrant that you will provide Us full, true and correct Information, and to update such Information on the Website promptly as reasonably necessary and as required by the Website.
  • 2.2.17 Your Account
    • Security of Account and Password: In the event you establish an account and receive or establish a password for such account, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer. You accept full responsibility and liability for all activities that occur under your account or password. We reserve the right to refuse service, terminate accounts, or remove content in its sole discretion.
    • Notification of Unauthorized Use/Ceasing Access: You will notify Us immediately of any unauthorized use or threat of unauthorized use of your account or the Website or of any other breach or potential breach of security known to you with respect to your account or the Website, including without limitation any loss or compromise of any password, and will cooperate with Us in every reasonable way to help Us to prevent the further unauthorized use, threat of unauthorized use, disclosure or threat of disclosure regarding the Website, your account and/or your password. You agree that immediately upon termination of your right to use the Website or any password-protected portion of the Website, or upon any earlier demand by connect2clinic at any time, you will cease all access and/or use of the Website or such password protected portion of the Website, and will not attempt to access and/or use same.
  • 2.2.18. By using Website, You agree that any information shared by you with connect2clinic or with any HCP will be subject to our Privacy Policy. You are solely responsible for the content that you choose to submit for publication on the Website, including any feedback, ratings, or reviews relating to HCPs. We disclaim all responsibility with respect to such content. We will not be liable to pay any consideration to any Registered User for re-publishing any content across any of its platforms. Your publication of reviews and feedback on the Website is governed by these Terms of Use. You hereby agree not to post or publish any content on Website that (a) infringes any third-party intellectual property or publicity or privacy rights, or (b) violates any applicable law or regulation. We, at its sole discretion, may choose not to publish your reviews and feedback, if so required by applicable law, and in accordance with Terms of Use. You agree that We 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 Services; and/or
    • Obtaining feedback in relation to any HCPs listed on the Website; and/or
    • Resolving any complaints, information, or queries by HCP regarding your feedbacks or reviews. and you agree to provide your fullest co-operation further to such communication by connect2clinic.
• 2.3. Terms of Use by HCPs
  • 2.3.1. You are entitled to provide Services based consultation to Users from any part of India.
  • 2.3.2. While using Services You will uphold the same professional and ethical norms and standards as applicable to traditional in-person care, within the intrinsic limitations of telemedicine guidelines.
  • 2.3.3. To enable all those HCPs under the Indian Medical Council Act, 1956 who would want to practice Services should get 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:
    • An online program will be developed and made available by the Board of Governors in supersession of Medical Council of India.
    • All registered medical practitioners intending to provide online consultation need to complete a mandatory online course within 3 years of its notification.
    • In the interim period, the principles mentioned in these guidelines need to be followed.
    • Thereafter, undergoing and qualifying such a course, as prescribed, will be essential prior to practice of telemedicine.
  • You, pursuant to the Registered User/Non-Registered User agreeing to the present Terms of Use, shall be at liberty to disclose the said healthcare information to connect2clinic for research/statistical purposes only.
  • 2.3.4. Services based consultation should be treated the same way as in-person consultations from a fee perspective. You will charge an appropriate fee for the consultation provided. You should also give a receipt/invoice for the fee charged for providing Services based consultation.
  • 2.3.5. In addition to these Term of Use, the Additional Terms of Use for HCPs are applicable to such HCPs availing these Services. For details please read carefully Additional Terms of Use for Health Care Practitioners
• 2.4. Refund Policy for Paid Consultations
  • 2.4.1. While the connect2clinic makes its best efforts to ensure that an appointment taken by a User on its Website with HCP is satisfied, the Company, however, does not make any guarantees or warranties that such appointments will be confirmed and delivered. You understand that these services are offered by third party service providers and that the Company has no control, directly or indirectly, over such third party entities.
  • 2.4.2. In case a HCP is not available to respond to a paid consult, You can report the issue to connect2clinic and request for cancellation, post which connect2clinic will process the refund amount equalling to the total actual amount paid by You, including any convenience fees. However, the refund will not include the discount value provided by connect2clinic.
  • 2.4.3. In case You are not available to attend consultation, you can request for cancellation, post which connect2clinic will process the refund amount equaling to the total actual amount paid by you deducting any convenience fees paid at your end.
  • 2.4.4. In the event it is proved that a HCP has acted in a manner that is against any applicable laws, connect2clinic shall provide complete refund to You, subject to investigation undertaken by connect2clinic.
  • 2.4.5. In the event it is proved that You have demonstrated abusive nature during the consult, You shall not be eligible for any refund and connect2clinic/HCP shall be entitled to take any legal action as applicable.
  • 2.4.6. You are allowed a period of seven (7) days from the booking date to report any request for a refund. No refund requests shall be entertained thereafter.
  • 2.4.7. You can request a cancellation / rescheduling of appointment / or refund by making a call at our call centre. Contact Details of call centre: (033) 405 85600
  • 2.4.8. In the event connect2clinic establishes that Your refund claim meets the above conditions, connect2clinic shall process the refund accordingly and the money will be refunded to You in five (5) working days from the day refund has been approved from connect2clinic.
• 2.5. Book appointment and Call Facility
  • 2.5.1. connect2clinic will ensure Registered Users are provided confirmed appointment. However, connect2clinic has no liability if such an appointment is later cancelled by the HCP, or the same HCP is not available for appointment.
  • 2.5.2. If a Registered User has utilized the telephonic services, connect2clinic reserves the right to share the information provided by the User with the HCP and store such information and/or conversation of the User with the HCP, in accordance with our Privacy Policy.
  • 2.5.3. Without prejudice to the generality of the above, connect2clinic is not involved in providing any healthcare or medical advice or diagnosis and hence is not responsible for any interactions between User and the HCP. Registered User understands and agrees that connect2clinic 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.
  • 2.5.4. Rescheduling the appointment
    You may reschedule an appointment for another available slot within 72 hours from the last booked slot / hours at no additional fee.
  • 2.5.5. Registered Users are allowed to provide feedback about their experiences with the HCP, however, the Registered User shall ensure that, the same is provided in accordance with applicable law. Registered User however understands that, connect2clinic shall not be obliged to act in such manner as may be required to give effect to the content of Users feedback, such as suggestions for delisting of a particular HCP from the Website.

3. WHAT WE DO

• 3.1. connect2clinic's role is limited to a) providing a platform for hosting and publishing HCP Content b) providing a platform for Registered Users to raise health related queries and HCP's to provide preliminary and generic information to the questions c) providing a platform for private interaction between Registered User and HCP d) providing a platform to find HCP profiles created by HCPs themselves and e) facilitating collection and disbursal of consultation and service fees for HCPs. f) having access to and thereafter utilizing the healthcare information of the Registered Users/Non-Registered Users for research/statistical purposes only g) share/transfer the said healthcare information to third party entities for research/statistical purposes only.
• 3.2. connect2clinic does not have the obligation to pre-screen or monitor User Content or HCP Content at any time. However connect2clinic may elect to monitor any User Content or HCP Content and remove any User Content and HCP Content from the Website if connect2clinic determines in its sole discretion that such User Content and/or HCP Content is in violation of this Agreement or any applicable law and best practices. Where connect2clinic removes any User Content or HCP Content from the Website, connect2clinic will make reasonable efforts to inform the User or HCP who had posted such User Content or HCP Content respectively. Such actions do not in manner impose any liability on connect2clinic with respect to User Content and/or HCP Content.
• 3.3. If connect2clinic suspects any illegal, wrongful or fraudulent activity on the Website by any Registered User or HCP, notwithstanding any other rights connect2clinic may have, connect2clinic reserves the right to inform the relevant government or law enforcement authorities. connect2clinic will cooperate in all investigative procedures or requests for access / information initiated by any such government or law enforcement authorities.
• 3.4. connect2clinic does not endorse or influence control over any particular branch of medicine, theory, opinion, viewpoint or position on any topic.
• 3.5. connect2clinic includes all channels of communication with the User that leverage Information Technology platforms, including Voice, Audio, Text & Digital Data exchange

4. LINKS TO THIRD PARTY WEBSITES

• 4.1. You may be provided with links on the Website that direct You to third party websites / applications / content or service providers, including advertisers and e-commerce websites (collectively "Third Party Websites").
• 4.2. connect2clinic does not endorse any Third Party Websites that You may be directed to from the Website.
• 4.3. 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 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 connect2clinic is not responsible for Your use of any Third Party Websites.

5. PROPRIETARY RIGHTS

• 5.1. connect2clinic respects the intellectual property rights of others, and We expect the same from You. The Website, User Content, HCP Content and the connect2clinic Content are protected by applicable intellectual property laws of India.
• 5.2. connect2clinic's Rights to the Website and Content
  • 5.2.1. All intellectual property in and to the Website, any software, techniques and processes used in connection with the Website, belongs exclusively to connect2clinic. Through Your use of the Website, by no means are any rights impliedly or expressly granted by connect2clinic to You in respect of such works.
  • 5.2.2. connect2clinic asserts all proprietary rights in and to all names / logos and trademarks contained on the Website. Notwithstanding the generality of the foregoing, the name, "connect2clinic" is the trademark and copyright (or any other intellectual property right) of connect2clinic. Any use of the connect2clinic’s trademarks or copyright, unless otherwise authorized in a written agreement, will constitute an infringement upon the trademark and copyright (or any other such intellectual property right) of connect2clinic and may be actionable under the applicable laws.
  • 5.2.3. Except as stated otherwise in this Agreement all connect2clinic Content (including all intellectual property rights to such content) is owned exclusively by connect2clinic.
  • 5.2.4. When You use the Website in accordance with this Agreement, a limited royalty-free right is granted to You by connect2clinic to use connect2clinic Content for personal and non-commercial use in India for the time that You are either a Registered User or an HCP or for the time that You make use of the Website, whichever is less.
  • 5.2.5. Unless explicitly stated herein, nothing in this Agreement shall be construed as conferring on You any license to intellectual property rights, whether by estoppel, implication, or otherwise.
  • 5.2.6. Unless expressly authorized by connect2clinic, You agree not to reproduce, modify, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the connect2clinic Content, in whole or in part, by any means. You must not remove or modify any copyright or trademark notice, or other notice of ownership.
  • 5.2.7.  You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website except as follows:
    • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
    • You may store files that are automatically cached by your web browser for display enhancement purposes.
    • You may print or download a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
    • You may download the mobile application to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by these Terms of Use or other end-user license agreements for such applications.
    If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.
  • 5.3. Rights in User Content And HCP Content
    5.3.1. Users are the owner of their content specifically and exclusively including all rights in their content as posted on the Website or provide to connect2clinic.
    5.3.2. You hereby grant connect2clinic a perpetual, non-revocable, worldwide, royalty-free rights to make use of such HCP Content (in case You are a HCP) including the right to copy, distribute, display, reproduce, modify, adapt, the HCP Content, as the case may me, and create derivate works of the HCP Content, as the case may be.

6. PERSONAL INFORMATION

• 6.1.1. We may collect various personal information from You when you use the Website and or the features provided by the Website.
• 6.1.2. Our Privacy Policy sets out Our policy with respect to the collection, storage, use, transfer and protection of any such personal information.
• 6.1.3. When You click on the 'I accept' or 'I agree' tab at the time of registering or otherwise provide Your personal information, You specifically consent to Our Privacy Policy.
• 6.1.4. connect2clinic may disclose Your Personal Information in accordance with applicable law.
• 6.1.5. connect2clinic shall have access to the said healthcare information of the Registered Users/Non-Registered Users for research/statistical purposes only. connect2clinic may disclose/share/transfer the said healthcare information to third party entities for research/statistical purposes only.

7. DISCLAIMERS

• 7.1. Interaction with HCP on the Website:
  • 7.1.1. You understand and agree that any interactions and associated issues with the HCP(s) on the Website, is strictly between You and the HCP(s). You shall not hold connect2clinic responsible for any such interactions and associated issues. connect2clinic is not involved in the providing any healthcare or medical advice or diagnosis and hence is not responsible for any outcome between You and the HCP You interact with. If You decide to engage with a HCP to provide medical services to You, You do so at Your own risk.
  • 7.1.2. Provision of access to any HCP on the basis of Your specific request, should not be construed as endorsement by this Website of any such particular HCP. We make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, quality of work, expertise of the HCP.
  • 7.1.3. connect2clinic shall not be responsible for any breach of service or service deficiency by any HCP.
  • 7.1.4. We can neither assure that all transactions on the Website will be completed nor do We guarantee the ability or intent of HCP to fulfill their obligations in any transaction. We advise You to perform Your own investigation prior to selecting a HCP. 
  • 7.1.5. connect2clinic is intended for general purposes only and is not meant to be used in Emergencies / serious illnesses requiring physical consultation. Further, if the HCP adjudges that a physical examination would be required and advises ‘in-person consultation’, it is the sole responsibility of the User, to book an appointment for physical examination and in-person consultation whether the same is with the HCP listed on the Website or otherwise. In case of any negligence on the part of the User in acting on the same and the condition of the User deteriorates, connect2clinic shall not be held liable.
• 7.2. Fees: Services based consultation should be treated the same way as in-person consultations from a fee perspective. HCP may charge an appropriate fee for the consultation provided. A HCP should also give a receipt/invoice for the fee charged for providing Services based consultation.
• 7.3. Clinical Support Information: We may provide information to assist You in clinical decision-making. This may include information and reminders concerning drug interactions, lab and diagnostic services, allergies, dosages, as well as general health-care related information and resources. The information and materials available through the Website are for informational and educational purposes only and are not intended to constitute professional advice, diagnosis or treatment, or to substitute professional judgment. Information that may be placed on the Website by third parties, including HCP Content is beyond Our control. We are not responsible for the accuracy or completeness of information available from or through Our Website. You assume full risk and responsibility for the use of information You obtain from or through this site, and You agree that connect2clinic is not responsible or liable for any claim, loss, or liability arising from the use of the information. We do not recommend or endorse any HCP, Lab or diagnostic or health-related products, items or services, and the appearance of materials on the Website relating to any such products, items or services is not an endorsement or recommendation of them. You agree to review the definitions, functionality, and limitations of the information on the Website, and to make an independent determination of their suitability for Your use. We make no guarantees, representations or warranties, whether expressed or implied, with respect to information provided on the website
• 7.4. Information regarding HCP and practice information: Information regarding HCP and practice information found on the Website is intended for general reference purposes only. Such information found on the Website is mainly self-reported by the HCP. Such information often changes frequently and may become out of date or inaccurate. Neither the Website nor connect2clinic provides any advice or qualification certification about any particular HCP. You are encouraged to independently verify any such information You see on the Website with respect to a HCP that You seek to make an appointment with. 
• 7.5. No Doctor – Patient Relationship / Professional Relationship: Please note that some of the content including text, data, graphics, images, information, suggestions, guidance, and other material that may be available on the Website (including information provided in direct response to Your questions or postings) may be provided by HCPs. The provision of such content to You by connect2clinic does not constitute delivery of health care or diagnostic services to You and does not create a professional relationship between connect2clinic and You. 
• 7.6. No Medical Advice Provided: The content provided by the Website, either by connect2clinic or by HCP, should not be construed under any circumstances to be 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. The Services are not intended to be a substitute for getting in touch with emergency healthcare. If you are facing a medical emergency (either on your or a another person’s behalf), please contact an ambulance service or hospital directly. If You rely on any of the Information provided by the Website, You do so solely at Your own risk. The Information that You obtain or receive from connect2clinic, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Website is for informational and scheduling purposes only. 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.
• 7.7. Non-substitution of professional medical advice: The Information provided on the Website and in any other communications from or provided through connect2clinic is not intended as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. Do not disregard, avoid or delay obtaining medical advice from a qualified health care professional because of advice that You may have obtained through the Website. Your use of Information provided on the Website is solely at Your own risk. Nothing stated or posted on the Website or available through any Services is intended to be, and must not be taken to be, the practice of medicine or the provision of medical care. You acknowledge and confirm that connect2clinic shall not be responsible for Your treatment or be treated as a health care provider on account of collection of the consultation fees for private consultation by HCP for any reason whatsoever.
• 7.8. CONNECT2CLINIC DISCLAIMS ANY REPRESENTATION AND/OR WARRANTYFOR THE SECURITY, RELIABILITY, QUALITY, TIMELINESS, AND PERFORMANCE OF (I) THE WEBSITE AND ITS FEATURES; (II) HCP WHO RESPONDS TO QUERIES OF A REGISTERED USER OR WHO INTERACTS PRIVATELY WITH A REGISTERED USER; (III) ANY INFORMATION, CONTENT OR ADVICE AVAILABLE ON OR RECEIVED THROUGH THE WEBSITE (IV) ACCESS TO OR ALTERATION OF USER CONTENT OR HCP CONTENT (V) TRANSMISSIONS OR DATA AND (VI) ANY OTHER MATTER RELATING TO THE WEBSITE AND / OR SERVICES.
• 7.9. CONNECT2CLINIC MAKES NO WARRANTY OR REPRESENTATION THAT ANY ERRORS IN THE WEBSITE WILL BE CORRECTED EXCEPT AS REQUIRED BY LAW.
• 7.10. CONNECT2CLINIC ASSUMES NO RESPONSIBILITY AND/OR LIABILITY WITH RESPECT TO HCP CONTENT (AS APPLICABLE) WHICH YOU MAY POST ON THE WEBSITE AND YOU ARE SOLELY RESPONSIBLE FOR SUCH USER CONTENT POSTED ON THE WEBSITE.
• 7.11. YOU AGREE THAT THE OPEN AND REAL-TIME NATURE OF THE PLATFORM MAKE IT IMPOSSIBLE FOR CONNECT2CLINIC TO VOUCH FOR THE VALIDITY, AUTHETICITY AND HONESTY OF USER CONTENT OR HCP CONTENT. CONNECT2CLINI IS NOT RESPONSIBLE FOR ANY USER CONTENT OR HCP CONTENT ON THE SITE, OR FOR THE CONSEQUENCES OF YOU READING OR RELYING ON SUCH CONTENT.
• 7.12. THE SITE IS PROVIDED ON A "AS IS" AND "AS AVAILABLE" BASIS. NEITHER CONNECT2CLINIC NOR ANY THIRD PARTY SERVICE PROVIDERS ARE LIABLE FOR ANY TECHNICAL OR OTHER OPERATIONAL DIFFICULTIES OR PROBLEMS WHICH MAY RESULT IN LOSS OF YOUR DATA, PERSONALIZATION SETTINGS OR OTHER INTERRUPTIONS IN THE FEATURES OFFERED ON THE WEBSITE. NEITHER CONNECT2CLINIC NOR ANY THIRD PARTY IS LIABLE FOR THE DELETION, LOSS, MIS-DELIVERY, TIMELINESS OR FAILURE TO STORE OR TRANSMIT ANY USER CONTENT OR HCP CONTENT, CONNECT2CLINIC CONTENT OR YOUR PERSONALIZATION SETTINGS.
• 7.13. CONNECT2CLINIC DOES NOT PROVIDE ANY GUARANTEE AND SHALL NOT BE HELD LIABLE OR RESPONSIBLE FOR THE FAILURE TO SEND SMS OR OTHER NOTIFICATIONS OR REMINDERS TO YOU AS A FEATURE OF THE WEBSITE.
• 7.14. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED; NOR DO WE MAKE ANY REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, CURRENCY, QUALITY, COMPLETENESS, USEFULNESS, PERFORMANCE, SECURITY, LEGALITY OR SUITABILITY OF THE SERVICE OR ANY OF THE INFORMATION CONTAINED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE AND YOUR RELIANCE UPON ANY OF ITS CONTENTS IS AT YOUR SOLE RISK.
• 7.15. YOU SHALL BE SOLELY AND FULLY RESPONSIBLE FOR ANY DAMAGE TO THE SERVICE OR ANY COMPUTER SYSTEM, ANY LOSS OF DATA, OR ANY IMPROPER USE OR DISCLOSURE OF INFORMATION ON THE SERVICE CAUSED BY YOU OR ANY PERSON USING YOUR USERNAME OR PASSWORD. COMPANY CANNOT AND DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY LOSS, DAMAGES OR LIABILITIES ARISING FROM THE FAILURE OF ANY TELECOMMUNICATIONS INFRASTRUCTURE, OR THE INTERNET OR FOR YOUR MISUSE OF ANY PROTECTED HEALTH INFORMATION, ADVICE, IDEAS, INFORMATION, INSTRUCTIONS OR GUIDELINES ACCESSED THROUGH THE SERVICE.
• 7.16. Neither the HCPs nor connect2clinic shall be responsible or liable for any breach or loss of data including Personal Information caused due to events beyond the control of HCPs / connect2clinic or due to technical reasons or third party actions.

8. LIMITATION OF LIABILITY

• 8.1. To the fullest extent permitted by law, in no event will connect2clinic or its affiliates be liable for any direct, indirect, special, incidental, punitive, exemplary or consequential damages (including, without limitation, loss of business, revenue, profits, goodwill), whether or not connect2clinic has been warned of the possibility of such damages or could have reasonably foreseen such damages. Notwithstanding anything to the contrary in this Agreement, connect2clinic's liability under this Agreement to YOU shall in no event exceed the fee amounts collected from You in the preceding one year or INR 5000 whichever is lower. 

9. REPRESENTATION AND WARRANTIES

By Using This Website You Represent And Warrant That: 

• 9.1. You are 18 years of age or older and that Your use of the Website shall not violate any applicable law or regulation;
• 9.2. All registration information You submit is truthful and accurate and that You agree to maintain the accuracy of such information;
• 9.3. You as a Registered User will use the Website solely for Your personal and non-commercial use. Any use of this Website or its content other than for personal purposes is prohibited.
• 9.4. Your use of this Website shall be subjected to the following restrictions:
  • 9.4.1. You will not delete or modify any content of the Website including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that You do not own or have express permission to modify;
  • 9.4.2. You will not decompile, reverse engineer, or disassemble the content, or
  • 9.4.3. You will not remove any copyright, trademark registration, or other proprietary notices from the Website. You further agree not to access or use this Website in any manner that may be harmful to the operation of this Website or its content.
• 9.5. You will not use the Website and / or services in any way that is unlawful, or harms the Company or any other person or entity, as determined in the Company's sole discretion.
• 9.6. You will not engage in any form of antisocial, disrupting, or destructive acts, including "flaming", "spamming", "flooding", "trolling", "phishing" and "griefing" as those terms are commonly understood and used on the Internet.
• 9.7. You will not host, display, upload, modify, publish, transmit, update or share any information that —
  (a) belongs to another person and to which the user does not have any right to;
  (b) is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, 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;
  (c) harm minors in any way;
  (d) infringes any patent, trademark, copyright or other proprietary rights(s), violates any law for the time being in force;
  (f) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
  (g) impersonate another person;
  (h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
  (i) 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.

10. INDEMNIFICATION

You hereby indemnify, defend, and hold connect2clinic, the connect2clinic's distributors, agents, representatives and other authorized users (Registered Users, HCPs), and each of the foregoing entities' respective resellers, distributors, service providers and suppliers, and all of the foregoing entities' respective officers, directors, owners, employees, agents, representatives, harmless from and against any and all losses, damages, liabilities and costs arising from (i)Your use of the Website (ii) Your breach of provisions of this Agreement and (iii) any negligent or intentional wrongdoing on Your part.

11. TERMINATION 

connect2clinic reserves the right, in the event it finds out in its sole discretion that You breached the Agreement, to suspend and / or terminate Your user account and/or access to the Website by blocking Your IP address or email id with or without notice to You. Any suspected illegal, fraudulent or abusive activity may be grounds for suspending and / or terminating Your user account and/or Your access to the Website. Upon suspension or termination, Your right to use the features on the Website shall immediately cease and the Company reserves the right to remove or delete Your information that is available with the Company, including but not limited to login and account information. connect2clinic shall not be liable to You or any third party for any claims or damages arising out of any termination or suspension of Your user account or any other actions taken by Us in connection with such account termination or suspension.

12. MODIFICATIONS

• 12.1. connect2clinic reserves the right to modify any part of the Agreement at any time without giving You prior notice.
• 12.2. When We update the Agreement, the next time You visit the Website, the Website will provide a message to you (which may be sent by email if You have provided Your Email Id) which will intimate You of the amendments. You do not agree to the amendments, please do not use the Website any further.

13. GOVERNING LAW AND JURISDICTION

The interpretation of this Agreement and the resolution of any disputes arising under this Agreement shall be governed by the laws of India.

14. DISPUTE RESOLUTION

• 14.1. Any dispute, claim or controversy arising out of or relating to this notice or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this Agreement to arbitrate, or to Your use of the Website or its features or the information to which it gives access, shall be determined by arbitration in India, before a single arbitrator in accordance with Indian Laws. The venue of such arbitration shall be Mumbai, India. The governing law of the Agreement shall be the substantive law of India. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the Parties.
• 14.2. The Parties shall have the right to apply to a court of competent jurisdiction to obtain interim injunctive relief in respect of any dispute, pending resolution of such dispute in accordance with the Agreement.

15. GENERAL PROVISIONS

• 15.1. Severability: If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
• 15.2. Notices: All notices and other communications required or permitted hereunder to be given to a Party shall be in writing, in the English language, and shall be sent by facsimile, e-mail, or mailed by prepaid internationally-recognized courier, or otherwise delivered by hand or by messenger, addressed to such Party's address as set forth below or at such other address as the Party shall have furnished to the other Party in writing in accordance with this provision:
  If to connect2clinic:
  CONNECT 2 CLINIC PRIVATE LIMITED, Alkem House, Senapati Bapat Marg, Lower Parel (West), Mumbai – 400 013, Maharashtra, India.
  If to You:
  at the email address provided by You to us when You registered as a connect2clinic User.
• 15.3. Waiver: No term of the Agreement shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented. Any consent by any Party to, or waiver of a breach by the other, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
• 15.4.Complete Understanding: The Agreement contains the entire understanding of the Parties, and there are no other written or oral understandings or promises between the Parties with respect to the subject matter of the Agreement other than those contained or referenced in the Agreement.
• 15.5. Force Majeure: connect2clinic shall not be liable for any downtime or delay or unavailability of the Website caused by circumstances beyond connect2clinic's reasonable control, including without limitation, acts of God, acts of government, floods, fires, earthquakes, civil unrest, acts of terror, strikes or other labour problems, internet service provider failures or delays, or denial of service attacks.
• 15.6. Advice of Counsel: Each Party acknowledges: (a) having fully read the Agreement in its entirety; (b) having had full opportunity to study and review the Agreement.
• 15.7. Advertisement: connect2clinic shall have the right to place advertisements and publicity materials of its choice, including that pertaining to parties other than itself for commercial use through electronic means on the Website.
• 15.8. Assignment: You may not assign or sub-license, without the prior written consent of connect2clinic, the rights, duties or obligations under this Agreement, in whole or in part, to any person or entity.
• 15.9. Conflict: In the event there is any conflict between the terms set out in these Terms of Use, the Privacy Policy, the Additional Terms of Use for HCPs and any other policies applicable to specific pages of the Website, the following order of prevalence shall apply: (i) the Privacy Policy (ii) these Terms of Use, (iii) the Additional Terms of Use for HCPs and (iv) any other policies applicable to specific pages of the Website.
• 15.10. No Agency or Partnership: 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 contractors. 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.
• 15.11. As per the Telemedicine Practice Guidelines under “Indian Medical Council (Professional Conduct, Etiquette and Ethics) (Amendment) Regulations, 2020, in the event 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.