QNO Technologies Private Limited, a private limited company registered under the Companies Act and incorporated in India, is the first party in this agreement and hereinafter referred to as "The Company." The Company represents itself and its subsidiary companies and it operates the website qnoapp.in (hereinafter referred to as “The Website”) and the android and iOS application under the name and style of “QNO Technologies” (hereinafter referred to as "The App"). By accessing or using The App or The Website, users agree to comply with and be bound by these terms and conditions (hereinafter referred to as “Terms”).
1. NATURE AND APPLICABILITY OF TERMS
The terms govern the use of all services, features, and content provided by The App and The Website. The following terms ensure a lawful and secure environment for all users. The Terms supersedes all previous oral and written terms and conditions (if any) communicated to you relating to your use of the Website or the App to avail any kind of Services. Users are requested to review the terms carefully before using, downloading or accessing The App and the Website, as their use and access of The App and the Website are deemed to constitute unconditional acceptance of the Terms. The Terms constitute a legal agreement between users of the App and the website in connection with their access, visit and use of the services provided hereinbelow. By using, accessing or downloading of the App or the Website users agrees to abide by the Terms. The Company reserves the right to modify or terminate any portion of the Terms for any reason and at any time, and therefore, users are encouraged to review this Agreement at regular intervals. If you do not agree with any part of the Terms, please do not use the Website or the App or avail any Services. The access of a user to the Website or the App will be solely at the discretion of the Company.
The Company reserves the right to modify or terminate any portion of the Terms for any reason and at any time, and therefore, users are encouraged to review this Agreement at regular intervals. If you do not agree with any part of the Terms, please do not use the Website or the App or avail any Services. The access of a user to the Website or the App will be solely at the discretion of the Company.
Whereas the Terms apply to you and bind you to this Terms in the
following
conditions:
• If you are a medical practitioner or health care provider (whether
an
individual professional or an organization) or similar institution
wishing to be
listed, or already listed, on the Website, including designated,
authorized
associates of such practitioners or institutions (hereinafter
referred to as
“Practitioner(s)” or “User(s)”); or
• If you are a patient, a representative of a patient or any other
interested
person(s) of a patient, searching for Practitioners through the
Website or the
App (hereinafter referred to as “End-User(s)” or “User(s)”); or
• If you are using the Website or the App for purposes other than
those
mentioned above (hereinafter referred to as “you” or “User(s)”).
This Terms applies to all those services made available by The
Company on the
Website and the App (hereinafter referred to as “Services”),
including but not
limited to the following:
• For Practitioners: Listing and display of Practitioners, including
their
profiles, qualifications, specializations, and contact details, made
accessible
to other Users and visitors to The Website. Practitioners may also
view the
profiles and appointment details of End-Users who have scheduled
appointments
with them.;
• For other Users and end-users: The facility to create and maintain
an account
and profile, which includes personal data, physical health data, and
other
relevant health information. End-Users have access to search for
Practitioners
based on criteria such as name, specialty, area of practice, and
other available
details. End-Users also may have the capability to make appointments
with
Practitioners, send and receive messages with Practitioners and
access all other
relevant information made available by The Company.
The company reserves the right to add, alter, suspend or terminate
any part of
the Services with or without the prior notice to the users and all
such changes
and amendments will be subject the Terms.
The Terms comply with and are governed by the provisions of Indian
law,
including but not limited to:
• the Indian Contract Act, 1872,
• the Information Technology Act, 2000, and
• the rules, regulations, guidelines and clarifications framed there
under,
including the Information Technology (Reasonable Security Practices
and
Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI
Rules”),
and the Information Technology (Intermediary Guidelines and Digital
Ethics Code)
Rules, 2021 (the “IG Rules”).
2. CONDITIONS OF USE OF THE WEBSITE OR THE APP
Whereas users must be 18 years of age or older to register an account, use the Services, or download, visit or otherwise use the Website or the App in any capacity. By registering, visiting and using the Website or the App or by accepting this Agreement, you represent and warrant to the company that you are at least 18 years of age and that you have the legal right, authority and capacity to access and use the Website or the app and the Services available through them be bound by the Terms.
3. TERMS OF USE APPLICABLE TO END-USERS AND OTHER USERS EXCEPT PRACTITIONERS
The conditions outlined in Clause 3 are applicable exclusively to
End-users and
other Users excluding Practitioners.
3.1 END-USER ACCOUNT AND DATA PRIVACY
➡ 3.1.1 The terms “personal information” and “sensitive personal data
or
information” carry the meanings as defined in the SPI Rules.
➡ 3.1.2 The company may through its Services, collect information
related to
users’ devices through which the Website and the App are accessed,
and anonymous
data on usage. The collected information will be used solely for
improving the
quality of the services and to develop new services.
➡ 3.1.3 The Website and the App allow the company to have access to
registered
Users’ personal email or phone number, for communication purposes so
as to
provide users assistance relating to booking appointments and
obtaining feedback
in relation to the Practitioners.
➡ 3.1.4 The Privacy Policy of the website and the App sets
out, inter-alia:
• The type of information collected from Users, including sensitive
personal
data or information;
• The purpose, means and modes of usage of such information;
• How and to whom the Company will disclose such information;
and,
• Other information mandated by the SPI Rules.
➡ 3.1.5 The User is expected to read and understand the Privacy
Policy, so as to
ensure that he or she has the knowledge of, inter-alia:
• the fact that certain information is being collected;
• the purpose for which the information is being collected;
• the intended recipients of the information;
• the nature of collection and retention of the information; and
• the name and address of the agency that is collecting the
information and the
agency that will retain the information; and
• the various rights available to such Users in respect of such
information.
➡ 3.1.6 The company shall not be responsible in any manner for the
authenticity
of the personal information or sensitive personal data or
information provided
by the User or end-user to the Company or to any other person acting
on behalf
of the Company.
➡ 3.1.7 The Users are responsible for maintaining the
confidentiality of the
User’s account access information and password, if the User is
registered on the
Website. The User shall be responsible for all usage of the User’s
account and
password, whether authorized by the User or not. The User shall
immediately
notify the Company of any actual or suspected unauthorized use of
the User’s
account or password. Although the Company will not be liable for
users’ losses
caused by any unauthorized use of your account. Users may be liable
for the
losses of the Company or such other parties as the case may be, due
to any
unauthorized use of your account. The company reserves the right to
disable or
deactivate accounts at its discretion if misuse or unauthorised use
or access is
suspected or found.
➡ 3.1.8 If a User provides any information that is untrue, false,
inaccurate,
outdated or incomplete (or which becomes untrue, inaccurate,
outdated or
incomplete), or if the Company has reasonable grounds to suspect
that such
information is untrue, inaccurate, outdated or incomplete, the
Company has the
right to discontinue the Services to the User at its sole
discretion.
➡ 3.1.9 The company may use such information collected from the
Users from time
to time for the purpose of debugging customer support related
issues.
3.2 RELEVANCE ALGORITHM
The Company’s relevance algorithm for Practitioners is a fully automated system that lists Practitioners along with their profiles and information related to their practice on its Website. These Practitioner listings do not constitute any fixed ranking or endorsement by the Company. The Company will not be liable for any changes in Practitioner relevance within search results, which may occur periodically. Practitioner listings are determined by automated calculations based on multiple factors, including inputs from Users, such as comments and feedback. These factors may be updated periodically to improve the algorithm's accuracy and effectiveness. The Company does not warrant or represent the accuracy or relevance of the Practitioner listing order and is not liable for any potential discrepancies in listing placement due to algorithmic adjustments.
3.3 LISTING CONTENT AND DISSEMINATING INFORMATION
➡ 3.3.1 The company 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 specialization, qualification, fees, location, visiting hours, and similar details. The company takes reasonable efforts to ensure that such information is updated at frequent intervals. Although The company screens and vets the information and photos submitted by the Practitioners, it cannot be held liable for any inaccuracies or incompleteness represented from it, despite such reasonable efforts.
➡ 3.3.2 The Services provided by The company or any of its
licensors or service
providers are provided on an "as is" and “as available’ basis,
and without any
warranties or conditions (express or implied, including the
implied warranties
of merchantability, accuracy, fitness for a particular purpose,
title and
non-infringement, arising by statute or otherwise in law or from
a course of
dealing or usage or trade). The company does not provide or make
any
representation, warranty or guarantee, express or implied about
the Website or
the Services. The company does not guarantee the accuracy or
completeness of any
content or information provided by Users on the Website. To the
fullest extent
permitted by law, the company disclaims all liability arising
out of the User’s
use or reliance upon the Website, the Services, representations
and warranties
made by other Users, the content or information provided by the
Users on the
Website, or any opinion or suggestion given or expressed by the
Company or any
User in relation to any User or services provided by such
User.
➡ 3.3.3 The Website may be linked to the website of third
parties, affiliates
and business partners. The company has no control over, and not
liable or
responsible for content, accuracy, validity, reliability,
quality of such
websites or made available by/through the Website. Inclusion of
any link on the
Website does not imply that the Company endorses the linked
site. User may use
the links and these services at User’s own risk.
➡ 3.3.4 The company assumes no responsibility, and shall not be
liable for, any
damages to, or viruses that may infect User’s equipment on
account of User’s
access to, use of, or browsing the Website or the downloading of
any material,
data, text, images, video content, or audio content from the
Website. If a User
is dissatisfied with the Website, User’s sole remedy is to
discontinue using the
Website.
➡ 3.3.5 If The Company determines that you have provided
fraudulent, inaccurate,
or incomplete information, including through feedback, the
Company reserves the
right to immediately suspend your access to the Website or any
of your accounts
with The company and makes such declaration on the website
alongside your
name/your clinic’s name as determined by The company for the
protection of its
business and in the interests of Users. You shall be liable to
indemnify the
Company for any losses incurred as a result of your
misrepresentations or
fraudulent feedback that has adversely affected The company or
its Users.
3.4 BOOKING OF APPOINTMENT
The company enables Users to connect with Practitioners through
Booking facility
that allows Users to book an appointment through the Website or
the App
➡ 3.4.1 The Company will make all reasonable efforts to ensure
that Users are
provided with confirmed appointments through the Booking
facility. However, the
Company assumes no liability if such an appointment is later
cancelled by the
Practitioner or if the Practitioner becomes unavailable for the
scheduled
appointment. In the event of cancellation or unavailability, the
Company will
notify the User as soon as possible through the Website or
through the App,
where feasible.
➡ 3.4.2 If the originally chosen Practitioner cancels or is
unavailable, the
Company may, at its discretion, offer to reschedule the
appointment or provide
details of alternative Practitioners for the User’s
consideration.
➡ 3.4.3 If the User has made any payment for the appointment,
and the
Practitioner cancels or becomes unavailable, the User will be
entitled to a full
refund of the amount paid, unless the User opts for rescheduling
with the same
or another Practitioner.
➡ 3.4.4 The Company does not guarantee the conduct,
availability, or adherence
to schedules of Practitioners listed on its platform. However,
Users are
encouraged to provide feedback, which the Company will review to
maintain the
quality of its services.
➡ 3.4.5 The Company shall not be held responsible for any
inconvenience, costs,
or damages resulting from canceled or rescheduled appointments,
including but
not limited to loss of time or travel expenses incurred by the
User.
➡ 3.4.6 The Company is also not liable for any cancellations or
unavailability
of Practitioners due to circumstances beyond its reasonable
control, such as
natural disasters, pandemics, technical failures, or
Practitioner emergencies.
➡ 3.4.7 The results of Practitioners displayed to the Users on
the platform
should not, under any circumstances, be construed as an
endorsement,
recommendation, or guarantee by The Company of the quality,
reliability, or
suitability of any particular Practitioner. The listings are
based on an
automated algorithm that takes into account multiple factors,
and The Company
does not manually vet or rank the Practitioners.
➡ 3.4.8 If the User decides to engage with a Practitioner to seek
medical or any
other professional services, the User acknowledges and agrees
that they shall be
doing so entirely at their own discretion and risk. The Company
expressly
disclaims any liability or responsibility for the outcomes,
effectiveness, or
quality of services provided by the Practitioner.
➡ 3.4.9 Without prejudice to the generality of the above, The
company is not
involved in providing any healthcare or medical advice or
diagnosis and hence is
not responsible for any interactions between User and the
Practitioner. User
understands and agrees that The company will not be liable
for
➡ 3.4.10 User interactions and associated issues User has with
the Practitioner;
➡ 3.4.11 the ability or intent of the Practitioner(s) or the
lack of it, in
fulfilling their obligations towards Users;
➡ 3.4.12 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 staff(s)
of the Practitioner.
➡ 3.4.5 Users are allowed to provide feedback about their
experiences with the
Practitioner(s), however, the User shall ensure that, the same
is provided in
accordance with applicable law. User however understands that,
The company 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
Practitioner from the Website.
➡ 3.4.6 In case a patient did not show up at the practitioner’s
clinic:
➡ User’s account will be temporarily disabled???
➡ The company reserves the right to make the final decision in
case of a
conflict. The total aggregate liability of The company with
respect to any
claims made herein shall be INR 200.
➡ 3.4.7 Cancellation and Refund Policy
➡ In the event that, the Practitioner with whom User has booked
a paid
appointment via the Website or the App, has not been able to
meet the User, User
has to notify …..how ?
➡ Users will not be entitled for any refunds in cases where, the
Practitioner is
unable to meet the User at the exact time of the scheduled
appointment time and
the User is required to wait, irrespective of the fact whether
the User is
required to wait or choose to not obtain the medical services
from the said
Practitioner.
3.5 THE SERVICES ARE NOT FOR EMERGENCY USE NOR CREATE ANY DOCTOR- PATIENT RELATIONSHIP
➡ 3.5.1 It is hereby agreed by the Users that certain
content, text, data,
graphics, images, information, suggestions, guidance, and
other material
(collectively referred to as “Information”) available on the
Website or App may
be provided by individuals in the medical profession. The
provision of such
Information does not establish a licensed medical
professional-patient
relationship between The Company and the User. Furthermore,
such Information
should not be construed as professional medical advice,
diagnosis, treatment, or
an endorsement of any specific course of action. It is
provided solely for the
purpose of assisting Users in locating appropriate medical
care from a qualified
Practitioner. The Information is intended to be general in
nature and does not
substitute the need for personalized professional advice.
Users are encouraged
to consult with qualified medical professionals before
making any decisions or
taking any actions based on the Information provided. The
Company disclaims all
liability for any reliance placed on the Information by the
User. Any
consequences arising from the use of such Information,
including but not limited
to misdiagnosis or inappropriate treatment, shall be at the
User's own risk.
➡ 3.5.2 It is hereby expressly clarified and agreed by the
Users that, the
Information that you obtain or receive from The company, and
its employees,
contractors, partners, sponsors, advertisers, licensors or
otherwise on the
Website or App is for informational purposes only. We make
no guarantees,
representations or warranties, whether expressed or implied,
with respect to
professional qualifications, quality of work, expertise or
other information
provided on the Website. In no event shall we be liable to
you or anyone else
for any decision made or action taken by you in reliance on
such information.
➡ 3.5.3 The Services are not intended to substitute for
immediate or emergency
healthcare services. It is expressly agreed by the User or
end-user that, in the
event of a medical emergency (whether concerning yourself or
another person),
you shall refrain from using the Services and shall directly
contact the nearest
ambulance service, hospital, or emergency response provider.
The Company
disclaims all liability for any damages, losses, delays, or
other consequences
arising from the use of the Services in lieu of appropriate
emergency medical
assistance. By agreeing to these terms, the User
acknowledges that relying on
the Services during emergencies is contrary to the intended
use of the platform,
and any such misuse shall be entirely at the User’s own
risk.
3.7 CONTENT OWNERSHIP AND COPYRIGHT CONDITIONS OF ACCESS
➡ 3.7.1 The contents listed on the Website are (i) User
generated content, or
(ii) belong to The company. The information that is
collected by The company
directly or indirectly from the End- Users and the
Practitioners shall belong to
The company. Copying of the copyrighted content published by
The company on the
Website or the App for any commercial purpose or for the
purpose of earning
profit will be a violation of copyright and The company
reserves its rights
under applicable law accordingly.
➡ 3.7.2 The company authorizes the User to view and access
the content available
on or from the Website or the App solely for ordering,
receiving, delivering and
communicating only as per this Agreement. The contents of
the Website or the
App, information, text, graphics, images, logos, button
icons, software code,
design, and the collection, arrangement and assembly of
content on the App or
Website, are the property of The company and are protected
under copyright,
trademark and other laws. User shall not modify the Company
Content or
reproduce, display, publicly perform, distribute, or
otherwise use the Company
Content in any way for any public or commercial purpose or
for personal gain.
➡ 3.7.3 User shall not access the Services for purposes of
monitoring their
availability, performance or functionality, or for any other
benchmarking or
competitive purposes.
3.8 ON HEATH RECORDS
➡ 3.8.1 The Company shall not store or maintain any health
records, whether
provided by the Practitioner or the User, on the Website or
the App.
Practitioners are expressly prohibited from entering or
uploading any User
health data or personal medical information into the Website
or the App.
➡ 3.8.2 Users are permitted to update only basic non-medical
information such as
their name, age, location, and similar demographic details
in the App. The entry
of personal health information, medical history, or any
sensitive health data by
the User is strictly prohibited.
➡ 3.8.3 The Company disclaims all liability for any health
data shared or
uploaded by a User or Practitioner in violation of this
clause. Any such
unauthorized sharing or storage of information shall be
solely at the risk of
the party involved.
➡ 3.8.4 The Company reserves the right to remove or delete
any information
entered in contravention of this provision, to ensure
compliance with applicable
data protection and privacy laws.
➡ 3.8.5 The User agrees to provide only the permitted
non-medical information
and acknowledges that the Company is not responsible for
managing, storing, or
safeguarding any medical or data entered in violation of
this clause.
4. TERMS THAT ARE APPLICABLE ONLY TO THE PRACTITIONERS
➡ 4.0.1 The company, directly and indirectly, collects
information regarding the
Practitioners’ profiles, contact details, and practice.
The company reserves the
right to take down any Practitioner’s profile as well as
the right to display
the profile of the Practitioners, with or without notice
to the concerned
Practitioner. This information is collected for the
purpose of facilitating
interaction with the End-Users and other Users. If any
information displayed on
the Website in connection with you and your profile is
found to be incorrect,
you are required to inform The company immediately to
enable The company to make
the necessary amendments.
➡ 4.1 Every Practitioner enrolled on the Website or the
App must possess valid
qualifications and credentials in the area of expertise
they represent.
Practitioners shall ensure their qualifications remain
current and comply with
all applicable legal and professional standards required
to practice in their
respective fields.
➡ 4.2 The Company does not provide emergency medical
services through the
Website or the App. Practitioners shall not use the
platform to respond to or
handle emergencies under any circumstances.
➡ 4.3 Practitioners are prohibited from sharing
personal, religious, political,
or moral views with Users while issuing responses or
engaging with Users within
or outside the Website or App. Practitioners are
expected to maintain a
professional tone and adhere to ethical guidelines while
interacting with Users.
➡ 4.4 Practitioners shall not issue, recommend, or
prescribe any medicines,
treatments, or medical interventions through the Website
or the App. Any advice
provided must strictly adhere to the informational
nature of the platform.
➡ 4.5 All liability arising from the responses or advice
provided by a
Practitioner lies solely with the Practitioner. The
Company disclaims any
responsibility for consequences resulting from the
Practitioner’s advice or
guidance. Practitioners agree to indemnify the Company
against any claims,
damages, or liabilities arising from their actions or
omissions.
➡ 4.6 The Company reserves the right to verify the
qualifications and
professional credentials of the Practitioner at any
time. In case of any
discrepancies, the Company may suspend or terminate the
Practitioner’s access to
the Website or App.
➡ 4.7 Practitioners are required to handle any User
information in strict
compliance with the Company's privacy policies and
applicable data protection
laws. Any breach of these obligations shall result in
appropriate action,
including removal from the platform.
➡ 4.8 Practitioners are prohibited from using the
Website or App to solicit
Users for services outside the platform or promote their
own independent
practices without the prior written consent of the
Company.
➡ 4.9 You as a Practitioner hereby 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 your sole
responsibility, and The
company accepts no liability for the same.
➡ 4.10 The Company provides Practitioners with tools to
update their profile
information to ensure easy access and accurate
representation. However, the
Company reserves the ownership rights over all
Practitioner profiles and
photographs uploaded to the platform. The Company
maintains the sole discretion
to moderate, approve, publish, or reject any updates or
changes requested by
Practitioners to their profiles.
➡ 4.11 Practitioner hereby represent and warrant that
you are fully authorized
under the law to upload all content submitted as part of
your profile or
otherwise while using the Company's services. You
further confirm that no such
content infringes any third-party rights, including but
not limited to
intellectual property rights, privacy rights, or
contractual obligations.
➡ 4.12 If the Company becomes aware of any breach of
these representations or
warranties, it reserves the right to modify, remove, or
delete such content or
profile information at its sole discretion, with or
without prior notice to you.
Additionally, the Company may take further actions,
including suspending or
terminating your access to its services, if necessary,
to protect its interests
or comply with legal obligations.
4.3 PATIENT STORIES DISPLAY RIGHTS OF THE COMPANY
➡ 4.3.1 All Critical Content is content created by the
Users of www.the
company.com (Website) and the clients of The Company
customers and
Practitioners, including the End-Users. As a platform,
The company does not take
responsibility for Critical Content and its role with
respect to Critical
Content is restricted to that of an ‘intermediary’ under
the Information
Technology Act, 2000. The role of The company and other
legal rights and
obligations relating to the Critical Content are further
detailed in Clauses 3.9
and 5 of these Terms. The company’s Feedback Collection
and Fraud Detection
Policy, is annexed as the Schedule hereto, and remains
subject always to these
Terms.
➡ 4.3.2 The company reserves the right to collect
feedback and Critical Content
for all the Practitioners, Clinics and Healthcare
Providers listed on the
Website.
➡ 4.3.3 The company shall have no obligation to
pre-screen, review, flag, filter,
modify, refuse or remove any or all Critical Content
from any Service, except as
required by applicable law.
➡ 4.3.4 You understand that by using the Services you may
be exposed to Critical
Content or other content that you may find offensive or
objectionable. The
company shall not be liable for any effect on
Practitioner’s business due to
Critical Content of a negative nature. In these
respects, you may use the
Service at your own risk. The company however, as an
‘intermediary, takes steps
as required to comply with applicable law as regards the
publication of Critical
Content. The legal rights and obligations with respect
to Critical Content and
any other information sought to be published by Users
are further detailed in
Clauses 3.9 and 5 of these Terms.
➡ 4.3.5 The company will take down information under
standards consistent with
applicable law, and shall in no circumstances be liable
or responsible for
Critical Content, which has been created by the Users.
The principles set out in
relation to third party content in the terms of Service
for the Website shall be
applicable mutatis mutandis in relation to Critical
Content posted on the
Website.
➡ 4.3.6 If The company determines that you have provided
inaccurate information
or enabled fraudulent feedback, The company reserves the
right to immediately
suspend any of your accounts with The company and makes
such declaration on the
website alongside your name/your clinics name as
determined by The company for
the protection of its business and in the interests of
Users.
4.4 RELEVANCE ALGORITHM
The company has designed the relevance algorithm in the best interest of the End-User and may adjust the relevance algorithm from time to time to improve the quality of the results given to the patients. It is a pure merit driven, proprietary algorithm which cannot be altered for specific Practitioners. The company shall not be liable for any effect on the Practitioner’s business interests due to the change in the Relevance Algorithm.
4.5 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
The company.
4.6 THE COMPANY REACH RIGHTS
The company reserves the rights to display sponsored ads on the Website. These ads would be marked as “Sponsored ads”. Without prejudice to the status of other content, The company will not be liable for the accuracy of information or the claims made in the Sponsored ads. The company does not encourage the Users to visit the Sponsored ads page or to avail any services from them. The company will not be liable for the services of the providers of the Sponsored ads. You represent and warrant that you will use these Services in accordance with applicable law. Any contravention of applicable law as a result of your use of these Services is your sole responsibility, and The company accepts no liability for the same.
4.8 BOOKING OF APPOINTMENT
➡ 4.8.1 As a valued partner on our platform, the
Company is committed to
ensuring that Practitioners derive optimal benefits
from their experience on the
Company's booking platform, fostering mutually
beneficial interactions between
Practitioners and their Users.
➡ 4.8.2 Practitioners acknowledge and agree that the
Company shall not be held
liable, under any circumstances, for any comments,
ratings, or feedback provided
by Users regarding the services rendered by
Practitioners. The Company reserves
the exclusive right to manage User feedback,
including but not limited to
publishing, modifying, moderating, or masking such
feedback (as required by law,
community norms, or at the Company's discretion).
Practitioners further agree
that the Company’s exercise of this discretion is
final and binding, and the
Practitioner shall have no claim against the Company
for any perceived impact
such actions may have on their reputation or
practice.
➡ 4.8.3 In the event a Practitioner reasonably
believes that User feedback is
fraudulent, defamatory, or intentionally misleading,
the Practitioner may report
the same to the Company. Upon receipt of such a
report, the Company may, at its
sole discretion, investigate the claim and take
appropriate action, including
removal of the feedback, if deemed necessary.
4.9 PRACTITIONER UNDERTAKING
The Practitioner is hereby agree and promise to be 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 the Practitioner shall not be part of any arrangement which will prohibit him/her from practicing medicine within the territory of India. The Practitioner shall at all times ensure that all the applicable laws that govern the Practitioner shall be followed and utmost care shall be taken in terms of the consultation/ services being rendered.
4.10 USAGE IN PROMOTIONAL & MARKETING MATERIALS
In recognition of the various offerings and services
provided by The company to
Practitioner, Practitioner shall (subject to its
reasonable right to review and
approve):
(a) allow The company to include a brief
description of the services
provided to Practitioner in The company’s marketing,
promotional and advertising
materials;
(b) allow The company to make reference to
Practitioner in case
studies, and related marketing materials;
(c) serve as a
reference to The
company’s existing and potential clients;
(d) provide
video logs, testimonials,
e-mailers, banners, interviews to the news media and
provide quotes for press
releases; (e) make presentations at conferences; and/or
(f) use the
Practitioner’s name and/or logo, brand images, tag lines
etc., within product
literature, e-mailers, press releases, social media and
other advertising,
marketing and promotional materials.
5. RIGHTS AND OBLIGATIONS RELATING TO CONTENT
➡ 5.1 As mandated by Regulation 3(2) of the IG Rules,
The company hereby informs
Users that they are not permitted to host, display,
upload, modify, publish,
transmit, update or share any information that:
➡ 5.1.1 belongs to another person and to which the
User does not have any right
to;
➡ 5.1.2 is grossly harmful, harassing, blasphemous,
defamatory, obscene,
pornographic, pedophilic, libelous, 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;
➡ 5.1.3 harm minors in any way;
➡ 5.1.4 infringes any patent, trademark, copyright
or other proprietary rights;
★ 5.1.5 violates any law for the time being in
force;
➡ 5.1.6 deceives or misleads the addressee about the
origin of such messages or
communicates any information which is grossly
offensive or menacing in nature;
➡ 5.1.7 impersonate another person;
➡ 5.1.8 contains software viruses or any other
computer code, files or programs
designed to interrupt, destroy or limit the
functionality of any computer
resource;
➡ 5.1.9 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.
5.1 PROFILE OWNERSHIP AND EDITING RIGHTS
The company ensures easy access to the Practitioners by providing a tool to update your profile information. The company reserves the right of ownership of all the Practitioner’s profile and photographs and to moderate the changes or updates requested by Practitioners. However, The company takes the independent decision whether to publish or reject the requests submitted for the respective changes or updates. You hereby represent and warrant that you are fully entitled under law to upload all content uploaded by you as part of your profile or otherwise while using The company’s services, and that no such content breaches any third party rights, including intellectual property rights. Upon becoming aware of a breach of the foregoing representation, The company may modify or delete parts of your profile information at its sole discretion with or without notice to you.
5.2 USERS ARE ALSO PROHIBITED FROM:
1. violating or attempting to violate the integrity or
security of the Website
or any The company Content;
2. transmitting any information (including job posts,
messages and hyperlinks)
on or through the Website that is disruptive or
competitive to the provision of
Services by The company;
3. intentionally submitting on the Website any
incomplete, false or inaccurate
information;
4. making any unsolicited communications to other Users;
5. using any engine, software, tool, agent or other
device or mechanism (such as
spiders, robots, avatars or intelligent agents) to
navigate or search the
Website;
6. attempting to decipher, decompile, disassemble or
reverse engineer any part
of the Website;
7. copying or duplicating in any manner any of the The
company Content or other
information available from the Website;
8. framing or hot linking or deep linking any The
company Content.
9. circumventing or disabling any digital rights
management, usage rules, or
other security features of the Software.
➡ 5.3 The company, upon obtaining knowledge by itself or
been brought to actual
knowledge by an affected person in writing or through
email signed with
electronic signature about any such information as
mentioned above, shall be
entitled to disable such information that is in
contravention of Clauses 5.1 and
➡ 5.2. The company shall also be entitled to preserve such
information and
associated records for at least 90 (ninety) days for
production to governmental
authorities for investigation purposes.
➡ 5.4 In case of non-compliance with any applicable laws,
rules or regulations,
or the Agreement (including the Privacy Policy) by a
User, The company has the
right to immediately terminate the access or usage
rights of the User to the
Website and Services and to remove non-compliant
information from the Website.
➡ 5.4 Disputes Related to Payments
• Any disputes or queries regarding payments must be
raised with the Company
within 7 days from the date of the transaction. The
Company will review and
address such disputes as per the applicable terms and
conditions.
➡ 5.5 The company may disclose or transfer User-generated
information to its
affiliates or governmental authorities in such manner as
permitted or required
by applicable law, and you hereby consent to such
transfer. The SPI Rules only
permit The company to transfer sensitive personal data
or information including
any information, to any other body corporate or a person
in India, or located in
any other country, that ensures the same level of data
protection that is
adhered to by The company as provided for under the SPI
Rules, only if such
transfer is necessary for the performance of the lawful
contract between The
company or any person on its behalf and the User or
where the User has consented
to data transfer.
➡ The company respects the intellectual property rights
of others and we do not
hold any responsibility for any violations of any
intellectual property rights.
6. TERMINATION
➡ 6.1 The company reserves the right to suspend or
terminate a User’s access to
the Website and the Services with or without notice and
to exercise any other
remedy available under law, in cases where,Such User
breaches any terms and
conditions of the Agreement;
i. Such user breaches any terms and conditions of the
Agreement;
ii. A third party reports violation of any of its right
as a result of your use
of the Services;
iii. The company is unable to verify or authenticate any
information provide to
The company by a User;
iv. The company has reasonable grounds for suspecting
any illegal, fraudulent or
abusive activity on part of such User; or
v. The company believes in its sole discretion that
User’s actions may cause
legal liability for such User, other Users or for The
company or are contrary to
the interests of the Website.
➡ 6.2 Once temporarily suspended, indefinitely suspended
or terminated, the User
may not continue to use the Website under the same
account, a different account
or re-register under a new account. On termination of an
account due to the
reasons mentioned herein, such User shall no longer have
access to data,
messages, files and other material kept on the Website
by such User. The User
shall ensure that he/she/it has continuous backup of any
medical services the
User has rendered in order to comply with the User’s
record keeping process and
practices.
7. PAYMENT TERMS, REFUND AND CANCELLATION
➡ 7.1 The users/end-users are required to make payments
for booking appointments
through the QNO App or Website. The total payment
includes the following
components:
i. Consultancy fee of the Practitioner/Doctor.
ii. Payment gateway charges.
iii. Convenience charges.
➡ 7.2 Payments are processed securely via third-party
payment gateways integrated
into the platform. The company does not store any
payment information, including
card details, ensuring compliance with applicable data
protection laws.
➡ 7.3 Users can directly make payments through the payment
gateway to confirm
their appointments. Upon successful payment, the
appointment will be booked, and
a confirmation will be sent to the user via his email or
Website or the App.
➡ 7.4 Users are eligible for a refund of the consultancy
fee and convenience
charges if they cancel their appointment 24 hours before
the scheduled time.
However, the payment gateway charges are non-refundable
as they are incurred
during the transaction process.
➡ 7.5 No refunds will be provided for cancellations made
within 24 hours of the
appointment.
➡ 7.6 If the Practitioner cancels the appointment, the
User will receive a full
refund of the consultancy fee, convenience charges, and
payment gateway charges.
➡ 7.7 Refunds will be processed within 7-10 business days
and credited back to the
original mode of payment.
➡ 7.8 In case a patient did not show up at the
practitioner’s clinic without prior
cancellation:
➡ 7.8.1 The User’s account may be temporarily disabled
from making further
bookings.
➡ 7.8.2 The Company reserves the right to make the final
decision on account
suspension and reinstatement, based on the User’s
explanation and history.
➡ 7.8.3 Users may contact the Company within 7 days to
explain the reason for
their absence. If a legitimate reason (e.g., medical
emergency) is provided and
accepted at the sole discretion of the Company, further
action on account
suspension may be waived.
➡ 7.8.4 The Company reserves the right to display a
notification on the User's
account reflecting the no-show incident for transparency
with Practitioners.
➡ 7.9 In cases where a Practitioner is unable to meet the
User despite a confirmed
appointment:
➡ 7.9.1 The User must notify the Company via email or the
designated help section
within 24 hours of the missed appointment.
ii. The Company will verify the claim with the
Practitioner and, if confirmed,
initiate a refund of the consultancy fee, convenience
charges, and payment
gateway charges.
➡ 7.10 Users are not entitled to refunds in cases where,
the Practitioner is
unable to meet the User at the exact time of the
scheduled appointment time and
the User is required to wait, irrespective of the fact
whether the User is
required to wait or choose to not obtain the medical
services from the said
Practitioner.
7. LIMITATION OF LIABILITY
In no event, including but not limited to negligence,
shall The company, or any
of its directors, officers, employees, agents or content
or service providers
(collectively, the “Protected Entities”) be liable for
any direct, indirect,
special, incidental, consequential, exemplary or
punitive damages arising from,
or directly or indirectly related to, the use of, or the
inability to use, the
Website or the content, materials and functions related
thereto, the Services,
User’s provision of information via the Website, lost
business or lost
End-Users, even if such Protected Entity has been
advised of the possibility of
such damages. In no event shall the Protected Entities
be liable for:
➡ provision of or failure to provide all or any service
by Practitioners to End-
Users contacted or managed through the Website;
➡ any content posted, transmitted, exchanged or received
by or on behalf of any
User or other person on or through the Website;
➡ any unauthorized access to or alteration of your
transmissions or data; or
➡ any other matter relating to the Website or the
Service.
In no event shall the total aggregate liability of the
Protected Entities to a
User for all damages, losses, and causes of action
(whether in contract or tort,
including, but not limited to, negligence or otherwise)
arising from this
Agreement or a User’s use of the Website or the Services
exceed, in the
aggregate Rs. 200/- (Rupees Two Hundred Only).
8. RETENTION AND REMOVAL
The company may retain such information collected from Users from its Website or Services for as long as necessary, depending on the type of information; purpose, means and modes of usage of such information; and according to the SPI Rules. Computer web server logs may be preserved as long as administratively necessary.
9. APPLICABLE LAW AND DISPUTE SETTLEMENT
➡ 9.1 It is hereby agreed that this Agreement and any
contractual obligation
between The company and User will be governed by the
laws of India.
➡ 9.2 Any dispute, claim or controversy arising out of or
relating to this
Agreement, including the determination of the scope or
applicability of this
Agreement to arbitrate, or your use of the Website or
the Services or
information to which it gives access, shall be
determined by arbitration laws in
India, before a sole arbitrator appointed by the
company. Arbitration shall be
conducted in accordance with the Arbitration and
Conciliation Act, 1996. The
seat of such arbitration shall be in Kochi, Kerala,
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 to the
dispute.
➡ 9.3 Subject to the above Clause 9.2, the courts at
Kochi, Kerala, India shall
have exclusive jurisdiction over any disputes arising
out of or in relation to
this Agreement, your use of the Website or the Services
or the information to
which it gives access.
10. CONTACT INFORMATION GRIEVANCE OFFICER
➡ 10.1 If a User has any questions concerning The
company, the Website, this
Agreement, the Services, or anything related to any of
the foregoing, The
company customer support can be reached at the following
email address:
help@thecompany.com or via the contact information
available from the following
link: help@link.com
➡ 10.2 In accordance with the Information Technology
Act, 2000, and the rules
made there under, if you have any grievance with respect
to the Website or the
service, including any discrepancies and grievances with
respect to processing
of information, you can contact our Grievance Officer
_____ through our Contact
Us page in the Website and the App.
In the event you suffer as a result of access or usage
of our Website by any
person in violation of Rule 3 of the IG Rules, please
address your grievance to
the above person.
11. SEVERABILITY
If any provision of the Agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from this Agreement and the remainder of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event, the Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.
12. WAIVER
No provision of this Agreement shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by The company. Any consent by The company to, or a waiver by The company of any breach by you, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach. User Responsibility: Users are solely responsible for ensuring that the personal and health information they provide is accurate, complete, and up-to-date. – if applicable