The Agreement applies to you whether you are –
1. A patient, his/her representatives/ attendant/ relative/ friend or affiliates (“you” or “User”);
or
2. A user of the Website or App (“you” or “User”).
This Agreement applies to all services made available by Varsha on the Website or App.The Services may change from time to time, at the sole discretion of Varsha, and the Agreement will apply to your visit to and your use of the Website or App to avail the Service, as well as to all information provided by you on the Website or App at any given point in time. This Agreement defines the terms and conditions under which you are allowed to use the Website and App and describes the manner in which we shall treat your account while you are registered as a member with us. If you have any questions about any part of the Agreement, feel free to contact us
at info@Varshahealthcare.com. By downloading or accessing the App or Website to use the Services, you irrevocably accept all the
terms and conditions stipulated in this Agreement and agree to fully abide by them. This Agreement supersedes all previous oral and written terms and conditions (if any) communicated to you. By availing any Service, you signify your agreement and acceptance to this Agreement. We reserve the right to modify or terminate any portion of the Agreement for any reason and at any time.
You should read the Agreement at regular intervals. Your use of the App or Website following any such modification constitutes your agreement to follow and be bound by the Agreement so modified. Any additional terms and conditions, disclaimers, privacy policies and other policies applicable in general and/ or to specific areas of this Website or to particular Service are also considered as part of the Agreement. You acknowledge that you will be bound by this Agreement for availing any of the Services offered by
us. If you do not agree with any part of the Agreement, please do not use the Website or avail any Services.Your access to use of the Website and the Services will be solely at the discretion of Varsha. The Agreement is published in compliance of, and is governed by the provisions of Indian law, including
but not limited to:
1. the Indian Contract Act, 1872,
2. the (Indian) Information Technology Act, 2000, and
3. the rules, regulations, guidelines and clarifications framed there under, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”).
2. CONDITIONS OF USE
You must be 18 years of age or older to register, use the Services, or visit or use the Website in any manner. By registering, visiting and using the Website or accepting this Agreement, you represent and warrant to Varsha that you are 18 years of age or older, and that you have the right, authority and capacity to use the Website and the Services available through the Website, and agree to and abide by this Agreement.
3. END-USER ACCOUNT AND DATA PRIVACY
1. The terms “personal information” and “sensitive personal data or information” are defined under the SPI Rules, and are reproduced in the Privacy Policy.
2. Varsha and its Partners may by the Services, collect information relating to the devices through which you access the Website, location from which you access and anonymous data of your usage. The collected information will be used only for improving the quality of the Services and to build new services.
3. The Website and App allows Varsha and its Partners to have access to Users’ personal email or phone number, for the purpose of communication and analytics.
4. The Privacy Policy sets out:
1. The type of information collected from Users, including sensitive personal data or
information;
2. The purpose, means and modes of usage of such information;
3. How and to whom Varsha will disclose such information; and,
4. Other information mandated by the SPI Rules.
5. The User is expected to read and understand the Privacy Policy, so as to ensure that
he or she has the knowledge of:
0. the fact that certain information is being collected;
1. the purpose for which the information is being collected;
2. the intended recipients of the information;
3. the nature of collection and retention of the information; and
4. the various rights available to such Users in respect of such information.
6. Varsha and its Partners shall not be responsible in any manner for the authenticity orcorrectness of the personal information or sensitive personal data or information supplied by the User to Varsha or to any other person acting on behalf of Varsha or its Partners.
7. The User is responsible for maintaining the confidentiality of the User’s account access information and password, if the User is registered on the Website or App. The User shall be responsible for all usage of the User’s account and password, whether or not authorized by the User. The User shall immediately notify Varsha of any actual or suspected unauthorized use of the User’s account or password. Although Varsha will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Varsha or others due to such unauthorized use.
8. If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Varsha has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Varsha has the right to discontinue the Services to the User at its sole discretion.
9. It is your responsibility to keep your correct mobile number and email ID updated in the Website or App. All reminders and notifications will be sent to the account associated with this mobile number and/or email ID. Every time you change any contact information (mobile or email), we will send a confirmation. Varsha is not responsible for any loss or inconvenience caused due to your non-updation of your contact details
10. Varsha and its Partners may use such information collected from the Users from time to time for the purposes of debugging customer support related issues.
11. Varsha may now or in the future provide Services where you may be able to converse with Varsha, its authorized representatives, its doctors or similar stakeholders via online chat, text messages, video call or voice call. When you choose this option, the records of such conversations, calls or exchanges may be recorded and stored in Varsha’s or its Partners
servers. Such records are dealt with only in accordance with the terms of the Privacy Policy. Varsha and its Partners accept no liability if you choose to use such a facility to interact with doctors or clinicians or if the facility is not used in accordance with the foregoing.
12. You may be provided with a personal health record facility to add, modify, delete and manage your health-related records and information. The specific terms relating to this are as below, without prejudice to the rest of these Terms and the Privacy Policy:
0. This facility is only enabled or created for you after you have signed up and explicitly accepted these Terms.
1. Information available in your Health Account is of two types:
1. Patient-created: Information generated and uploaded by you.
2. Varsha-created: Information generated by your consuming a medical service
in a Varsha hospital like consult, diagnostic test, admission, etc.
2. Any Varsha-created information is provided on an as-is basis and Varsha makes no
representation in connection therewith.
3. The accuracy, adequacy, reliability and liability of any Patient-created information
generated or created by a User is the sole responsibility of the User. You fully
indemnify and hold harmless Varsha and its Partners with respect to any inaccuracies,
inadequacy, error, loss, problem, liability or any other issue arising out of any Patientcreated information entered or accessed by the You or on your behalf on the Website or App.
4. The personal health record facility is provided on a best-efforts as-is basis. While we strive to maintain the highest levels of service availability, Varsha or its Partners are not liable for any interruption that may be caused to your access of the Services.
5. Any health-related reminder or notification service (like medication reminder, appointment reminder, etc.) that may form part of the Services is only a supplementary way of notifying or reminding you of actions to take related to your
health. Varsha is not liable if for any reason a reminder or notification is not delivered to you or are delivered late or delivered incorrectly, despite its best efforts or if your health is impacted negatively due to the same.
6. Varsha uses industry–level security and encryption to your personal health record. However, Varsha cannot guarantee prevention of unauthorized access if you lose your login credentials or they are otherwise compromised. Please safeguard your login credentials and report any actual suspected breach of accountto info@Varshahealthcare.com.
7. If you access your dependents’ record through your personal health record by registering your dependents with your own personal health record, you are deemed to be responsible for the records of your dependents and all obligations that your dependent’s would have had had they maintained their own separate individual personal health record.
8. If you provide anyone else access to your personal health record, you are deemed to be responsible for all actions, access, transaction that that person takes related to your personal health record either on their own or independently. Varsha or its Partners
are not responsible or liable for any action, transaction, loss, leakage or any other liability arising out of this.
4. LISTING CONTENT AND DISSEMINATING INFORMATION
1. Varsha collects, directly or indirectly, and displays on the Website, relevant information regarding the profile and practice of the Practitioners listed on the Website, such as their specialisation, qualification, fees, location, visiting hours, and similar details. Varsha takes reasonable efforts to ensure that such information is updated at frequent intervals. Varsha cannot be held liable for any inaccuracies or incompleteness represented from it, despite such reasonable efforts.
2. The Services provided by Varsha or any of its licensors or Partners are provided on an “as is” and “as available’ basis, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). Varsha and its Partners do not provide or make any representation, warranty or guarantee, express or implied about the Website, App or the Services. Varsha and its Partners do not guarantee the accuracy or completeness of any content or information provided by Users on the Website. To the fullest extent permitted by law, Varsha and its Partners disclaim all liability arising out of the User’s use or reliance upon the Website, App, the Services, representations and warranties made by other Users, the content or information
provided by the Users on the Website, or any opinion or suggestion given or expressed by Varsha or its Partners or any User in relation to any User or services provided by such User.
3. The Website or App may be linked to the website of third parties, affiliates and business partners. Varsha has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through our Website or App. Inclusion of any link on the Website or App does not imply that Varsha endorses the linkedsite. User may use the links and these services at User’s own risk.
4. Varsha and its Partners assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect User’s equipment on account of User’s access to, use of, or browsing the Website or App or the downloading of any material, data, text, images, video content, or audio content from the Website or App. If a User is dissatisfied with the Website or App, User’ssole remedy is to discontinue using the Website or App.
5. If Varsha determines through feedback or otherwise that you have provided fraudulent, inaccurate, incomplete or false information, Varsha reserves the right to immediately suspend your access to the Website or any of your accounts with Varsha and makes such declaration about suspension on the website alongside your name as determined by Varsha for the protection of its business and in the interests of Users. You shall be liable to indemnify Varsha and its Partners for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected Varsha, its Partners or its Users.
5. BOOKING APPOINTMENTS, DIAGNOSTIC TESTS, ORDERING MEDICINES AND INTERACTION
WITH MEDICAL SERVICE PROVIDERS
1. While Varsha will try to ensure a confirmed appointment with a medical service provider (like doctor or diagnostic lab) for a User who requested an appointment on the Website or App, Varsha or its Partners do not guarantee that the User will get a confirmed appointment. Further, Varsha and its Partners have no liability if such an appointment is confirmed but later cancelled, postponed or
rescheduled by the hospital or medical service provider, or the medical service provider are not available as per the given appointment time.
2. Varsha or its Partners may provide value added services which connect Users directly to the medical service providers via video call, voice call, text message, online chat or other electronic means and the information exchanged between the User and the medical service provider is stored and used in accordance with the Privacy Policy. However, it is at the discretion of the User, to avail such Service if it is available.
3. You understand and agree that any interactions and associated issues with other Usersincluding but not limited to your health issues and your experiences is strictly between you and the other Users. You shall not hold Varsha or its Partners responsible for any such interactions and associated issues and Varsha will not be held responsible or liable for the same. For avoidance of doubt, the Services are not to provide any healthcare or medical advice or diagnosis and hence Varsha and its Partners are not responsible for any medical or other outcomes between you and the medical service providers you interact with, pursuant to any
interactions on the Website or App. If you decide to engage with a medical service provider to provide medical services to you, you do so at your own risk. Varsha or its Partners shall not be responsible for any breach of service or service deficiency by any medical service provider you connect, engage or transact with using the Website or App. We advise you to perform your own investigation or get feedback prior to selecting a doctor or any other service provider available on the Website or App.
4. Without prejudice to the generality of the above, Varsha or its Partners will not be liable for:
1. any wrong medication or treatment quality being given by the doctor(s), diagnostic service provider(s), pharmacy(s), or any medical negligence on part of the any of the above;
2. any type of inconvenience suffered by the User due to a failure on the part of the medical service provider including doctor to make himself/herself available at the appointed time, no show by the doctor, inappropriate treatment, or similar difficulties;
3. cancellation or rescheduling of booked appointment or any variance in the fees charged;
4. any medical eventualities that might occur subsequent to using the services of a doctor, diagnostic lab services, pharmacy, whom the User has selected on the basis of the information available on the Website or App or with whom the User has booked
an appointment or performed a transaction through the Website or App.
5. Further, Varsha shall not be liable, under any event, for any comments or feedback given by any of the Users in relation to the services provided by another User. All such feedback should be made in accordance with applicable law. The option of Users to
give feedback remains at Varsha’s sole discretion and may be modified or withdrawn at its sole discretion. Varsha may moderate such feedback at any time. Varsha shall not be obliged to act in any manner to give effect to the content of Users’ feedbac