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Healcard Terms of Service

This Terms of Service Agreement(the “Agreement”) governs Your use of this website, and any services made available to You by Medionce Solutions Private Limited, a Private Limited Company incorporated under the Companies Act, 2013(hereinafter, “Healcard”, “We”, “Us” or “Our”) on or through the software and applications provided by Healcard, including but not limited to the mobile application Healcard for Patients’, Healcard for Doctors’, Healcard for Laboratory’, Healcard for Medical/Pharmacy’ and other storage devices and platforms related to Healcard.(Together with the Website, referred to as the “Healcard”) For purposes of this Agreement, “You” means the person using the services provided by “Healcard” or, if you are using the Services on behalf of Your company(or another entity), then “You” means Your company(or such other entity), its officers, members, agents, successors and assigns.

THE USE OF THE SERVICES PROVIDED BY THE “HEALCARD” BY THE USER SHALL MEAN THAT HE/SHE AGREES WITH THE FOLLOWING TERMS OF SERVICES.

A. SCOPE OF THE AGREEMENT

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE SERVICES PROVIDED BY “HEALCARD”. BY CLICKING ON THE 'I ACCEPT' BUTTON AT THE END OF THIS PAGE OR ACCESSING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE, THE PRIVACY POLICY, DISCLAIMER POLICY AND OTHER APPLICABLE POLICIES WHICH MAY BE APPLICABLE TO THIS WEBSITE . YOUR USE OF THE WEBSITE OR SERVICES CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE THE WEBSITE OR THE SERVICES PROVIDED BY THE “HEALCARD”. IF YOU AVAIL ANY SERVICE PROVIDED BY “HEALCARD” THEN ACCEPTANCE BY “HEALCARD” IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO THIS AGREEMENT.

These Terms of Service and the Privacy Policy, 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".

If you are accessing the “Healcard” 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 “Healcard” mobile application.

“Healcard” is always looking for ways to improve the Services and, as a result, may amend this Agreement at any time by posting an amended Agreement. Any amended Agreement shall automatically be effective on the date that it is initially posted. By using the Application or the Services, You agree to be bound by the current form of this Agreement. It is your responsibility to return to this Agreement from time to time to review the most current Agreement. “Healcard” does not and will not assume any obligation to notify you of changes to this Agreement. The current Agreement will supersede any prior communications or agreement with respect to the Services provided by the “Healcard”, unless such agreement expressly states that it is not superseded by this Agreement.

B. CONDITIONS OF SERVICES

The Terms specified herein restrict the use of this "Website" and/or Services provided by “Healcard” by minors and those who do not have the capacity to enter into a valid commercial contract.
You are required to provide accurate and correct personal information while registering to use the services rendered by “Healcard” and you agree to keep it up-to-date.
We have the right to verify the Information provided by you in reasonable circumstances if required.

C. Protection Of Personal Information

All aspects related to the collection of personal information from you, at the time of registering with “Healcard”, shall be according to the "Privacy Policy" of “Healcard” which shall be read as a part of this Agreement.
“Healcard” respects your privacy and assures you that the information collected from you will be used only to provide you our services.
Such personal information shall not be made available to any third party except as per the terms mentioned under “Privacy Policy”

D. Relevancy Ranking

“Healcard” developed a sponsorship system for Relevancy Ranking in which, it shows the List of Doctors on priority basis who enrolled themselves under the sponsorship program under the “Healcard”. The remaining List of Doctors will be based on automated computation of the various factors including inputs made by the Users including their comments and feedback. Such factors may change from time to time; in order to improve the Relevancy Ranking. “Healcard” in no event will be held responsible for the accuracy and the relevancy of the listing order of the Doctors on the Website.

E. Services Provided By the “Healcard”

For Clinic

Platform for Creating a “Clinic” to Provide a Health Related Services
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 as well as Non- Registered Users.
You can provide services of more than one Doctor under the account of your registered Clinic.
You can register your Clinic under the Sponsorship Program of “Healcard” to avail the facility of Relevancy Ranking.
Clinic must have the Balance as Healcash or it must have blank Healcard to Issue the same to the Patient.
Once the clinic issue the Healcard to the Particular Patient, the clinic will have assessed with all the information registered under the Healcard of Patient and apart from that they can link and share the same Healcard of patient with the Laboratory and Medical with certain terms and conditions.
Platform for schedule in-person appointment as per the request received from the patients.
Obtaining generic and preliminary information from Patient to a health related issues.
Platform to link the Patient’s Healcard with the “Medical” registered with “Healcard”
Platform to order Lab Tests from Laboratories registered with “Healcard”.
You may use the Website to order Lab Tests from Laboratories. The Website allows you to schedule a sample pick-up at Your Clinic, or some other place as per patient’s convenience. The same Tests will be used by a Laboratory to conduct a Lab Test and share the results of such Lab Test with You through the Website.
”Healcard” shall have the right to replace such Clinic for the purpose of consultation to the User or remove such Clinic from the platform/”Healcard” application/site;
The Clinic has the discretion to cancel any consultation at any point in time in cases where the Clinic feels, it is beyond the expertise of its Doctors or their capacity to treat the User. In such cases, the User has the option of choosing other Practitioners. However, it is strongly recommended that the Clinic advise the User and explain appropriately for next steps.
The Clinic shall at all times ensure that all the applicable laws that govern the Doctors shall be followed and utmost care shall be taken in terms of the consultation being rendered.
In case of any variation in the Time Slot booked with the Patient, it is the Sole Responsibility of the Clinic to inform regarding such changes of Time Slot for their Appointment, in case of any laps “Healcard” is not responsible for the same.
The Clinic acknowledges that if “Healcard” find the Doctor to be in violation of any of the applicable laws/rules/ regulations/guidelines set out by the authorities then “Healcard” shall be entitled to cancel the consultation with such Clinic or take such other legal action as may be required.
The payment gateway option is being provided to the Users to make payment easier. In case wrong bank account details are provided by Clinic, “Healcard” will not be responsible for loss of money, if any. In case of there being any technical failure, at the time of transaction and there is a problem in making payment, you could contact support@healcard.com.
“Healcard” makes no promise or guarantee for any uninterrupted services and clinic shall not hold liable to “Healcard” for any reason including but not limited to the communication is not delivered to the User(s), or are delivered late or not accessed
It shall be the responsibility of the Clinic to ensure that the information provided by User is accurate and not incomplete and understand that “Healcard” shall not be liable for any errors in the information included in any communication between the Clinic and User.
It is further understood by the Clinic that the information that is disclosed by the User at the time of consultation is personal information and is subject to all applicable privacy laws.
The Clinic shall indemnify and hold harmless “Healcard” and its affiliates, subsidiaries, directors, officers, employees and agents from and against any and all claims, proceedings, penalties, damages, loss, liability, actions, costs and expenses(including but not limited to court fees and attorney fees) arising due to the services provided by Clinic, violation of any law, rules or regulations by the Practitioner or due to such other actions, omissions or commissions of the Clinic that gave rise to the claim.

For Patients

You can use the website as well as other services to book an appointment with the List of Clinic registered with the “Healcard”
You cannot book the appointment until you are a valid Holder of “Healcard”.
To access the “Healcard” you can purchase the same through our Platform.
Clinic shall have an access with all the Personal information which you have provided in the “Healcard”
With the Help of your “Healcard” you can avail the facility of “Laboratory” and “Medical” registered with the “Healcard”
“Healcard” shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the Patient to “Healcard” or to any other person acting on behalf of “Healcard”
Furthermore, we do not have any liability from patients in case of mistreatments, deaths, reactions, infections or illnesses etc caused directly, indirectly, in fact or appearance by the use of our platform
If a Patient provides any information that is untrue, inaccurate, not current or incomplete, and “Healcard” has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, “Healcard” has the right to discontinue the Services to the User at its sole discretion.
“Healcard” shall not be responsible, In case of Discrepancy in the service from the Medical or Lab registered with the “Healcard” and on cause of those services if you suffer any hardship.
You understand and agree that any interactions and associated issues with the Clinic(s), Lab(s), Medical(s) on the Website, is strictly between You and the Clinic(s), Lab(s), Medical(s). You shall not hold “Healcard” responsible for any such interactions and associated issues. “Healcard” is not involved in providing any healthcare or medical advice or diagnosis and hence is not responsible for any outcome between You and the Clinic(s), Lab(s), Medical(s) You interact with. If You decide to engage with a Clinic(s), Lab(s), Medical(s) to provide Clinic(s), Lab(s), Medical(s) or diagnostic services to You, You do so at Your own risk.
The payment gateway option is being provided to the Users to make payment easier. In case wrong bank account details are provided by Patient, “Healcard” will not be responsible for loss of money, if any. In case of there being any technical failure, at the time of transaction and there is a problem in making payment, you could contact support@healcard.com.

For Medical

Online Platform to register your entity with “Healcard” and sell the medicines as per the prescription given by registered Clinic to the registered Patient.
Platform to track the stock of medicines on your registered account.
If a Medical provides any information that is untrue, inaccurate, not current or incomplete, and “Healcard” has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, “Healcard” has the right to discontinue the Services to the Medical at its sole discretion.
The Medical shall indemnify and hold harmless “Healcard” and its affiliates, subsidiaries, directors, officers, employees and agents from and against any and all claims, proceedings, penalties, damages, loss, liability, actions, costs and expenses(including but not limited to court fees and attorney fees) arising due to the services provided by Medical, violation of any law, rules or regulations by the Practitioner or due to such other actions, omissions or commissions of the Clinic that gave rise to the claim.

For Laboratory(Lab)

Platform to provide the Test facility as prescribed by the registered Clinic to the Register Patient by register you entity on “Healcard”
All the terms and conditions applicable mutatis mutandis to the third party, you hired for collection of sample from the patient or from the clinic.
If a Laboratory provides any information that is untrue, inaccurate, not current or incomplete, and “Healcard” has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, “Healcard” has the right to discontinue the Services to the Medical at its sole discretion.
The Laboratory shall indemnify and hold harmless “Healcard” and its affiliates, subsidiaries, directors, officers, employees and agents from and against any and all claims, proceedings, penalties, damages, loss, liability, actions, costs and expenses(including but not limited to court fees and attorney fees) arising due to the services provided by Laboratory, violation of any law, rules or regulations by the Practitioner or due to such other actions, omissions or commissions of the Clinic that gave rise to the claim.

F. Proprietary Notices And Intellectual Property

The Application, all the content(including, for example, audio, photographs, illustrations, graphics, video and software), code, data, works of authorship and materials, the look and feel, design and organization of the Website and Mobile Application, and the compilation of the material on the Website and Mobile Application(collectively, the “Content”) are protected by Indian copyright, trademark and other laws.
“Healcard” and its licensors own, solely and exclusively, all rights, title and interest in and to the Application, the Content, including, but not limited to, all intellectual property and proprietary rights in the Website, Application and Content.
Your use of the Website, Application and/or the Content does not grant to You any ownership in or to the Content, Website or Application.
The trademarks, logos, service marks and trade names(hereinafter referred to as the "Trademarks") displayed on the Website and Application or in connection with the Content made available through the Website and Application are registered and unregistered Trademark of “Healcard” and its licensors and may not be used except with the express written permission of the respective Trademark owners.
Nothing contained on the Website and Application should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Website and Application without the written permission of “Healcard” or the third party that may own the applicable Trademark. Your misuse of the Trademarks displayed on the Application or on or through any of the Site's services is strictly prohibited.
All intellectual property rights in the Service are and shall remain, the property of “Healcard” or its licensor(as applicable). All rights not expressly granted to you in this Agreement are hereby expressly reserved and retained by “Healcard” and its licensors(as applicable).

G. Without Limiting The Generality Of The Foregoing, You Shall Not(And Shall Not Allow Any Third Party To):

Use the Service outside of the scope of the limited license herein granted, including but not limited to use for the sole purpose of obtaining a competitive advantage against “Healcard”.
Sublicense, distribute, copy, modify, adapt, translate, or prepare derivative works from, to the Service; Register, attempt to register, or assist anyone else to register any trademark, trade name, service marks, logos, domain names and other distinctive brand features, a copyright or other proprietary rights associated with “Healcard”(or any of its affiliates or licensors).
Reverse engineer, disassemble, or decompile any software or otherwise attempt to discover any source code or trade secrets related to the Service, in any manner, except as permitted by applicable law; or
Remove, obscure, or alter any notice of copyright, trademark, or other proprietary right appearing in or on any item included with the Service.
We grant You a limited, revocable, nonexclusive, non-transferable, personal license to have access to the Content for personal, non- commercial use only, subject to and conditioned on Your continued compliance with the terms specified herein.
This license is granted solely to allow You to visit the Website and Application and to use the Services as permitted by this Agreement. You agree not to remove, alter or obscure any proprietary notices provided in or with the Content.

H. User Accounts

Users who create an account with “Healcard”, agree to the following terms and conditions with regard to their account:

To provide complete and accurate information to create Your account and to keep Your account information up-to-date.
You understand that as part of Your registration process as well as in course of Yours.
You may receive SMS messages from “Healcard” 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”Healcard”. Please note that “Healcard” 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, “Healcard” 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 “Healcard”.
To choose a username and password for Your account. You understand that it is Your responsibility to choose a username and password and to maintain the confidentiality of Your password. If You share Your password with anyone it may jeopardize the security of Your account. You agree to notify “Healcard” promptly if You become aware that Your password or account has been used without Your consent. To do so, please contact us at support@healcard.com.
That “Healcard” may refuse to grant You, and that You may not use a username that belongs to or is already being used by another User or that is offensive, in Our sole discretion.
Not to impersonate any other person, thing or entity through Your user name.
Not to access someone else’s account without that person’s permission.
Not to use the Application or Services if You are less than 18 years of age without the consent of Your parent or guardian, who agrees, on Your behalf, that You will comply with the terms and conditions of this Agreement.
You agree not to access or attempt to access such pages if You are not over the age of 18.
Not to post or display any content that is not suitable for minors unless properly designated.
That “Healcard” may temporarily or permanently discontinue providing the Services at any time and that as a result You may be prevented from accessing the Services and Your account.
To be solely responsible for all activities that occur under Your account.
That any hardware and software required to use the Application or the Services is Your responsibility.
Users, who create or administer an account on the Application for another person or entity, agree to the following terms and conditions with regard to the account:
You will abide by all of the terms and conditions provided above with respect to individual accounts.
You expressly agree that any submissions by You will automatically be treated as non-confidential and non-proprietary and will become the sole property of “Healcard” without any compensation or credit to you whatsoever.
You may not use “Healcard” service(s) for any illegal or unauthorized purpose which includes but is not limited to the acts specified in Clause on "Prohibited Uses" of this Agreement.

I. Prohibited Usage

You are not authorised to use the Application or the Services for the following:

The Application and Services are to be used only for lawful purposes. The Application must not be used for any kind of illegal purpose for which any criminal or civil liabilities arise as per the Legal Act of Indian Provenance.
You must not use the services of “Healcard” to send any prohibited content which is illegal and harmful and that induces a conduct which is unlawful, defamatory, obscene, racial, offensive, pornographic or culturally offensive or otherwise reasonably and is likely to generate such conduct;
Provide any false, misleading or inaccurate information;
Indulge in identity theft, unauthorized services using “Healcard” account;
While accessing the application you are strictly restricted to Upload or transmit any similar applications including viruses, worms or other malicious code or programs designed to harm other computers or telecommunication devices;
Infringe anyone's intellectual property rights, including copyrights, trademarks, patents and trade secrets. Infringe anyone's privacy or publicity rights, which include but are not limited to impersonating another person or entity or posting images of someone without their permission;
Engage in activities which include but are not limited to hacking other computers or servers, including Our's; or violate any requirements, procedures, policies or rules of networks related to the system;
Falsely express or imply that “Healcard” sponsors, endorses or is otherwise associated with You or Your content;
You are strictly restricted from using the Application or the Services; Indulge in criminal or terrorist activity against any nation or society; or cause any threat or harassment to any person or public as a whole;
Engage in any activity that restricts or inhibits any other “Healcard” Account Holder from using or enjoying the Service;
Violate this Agreement or encourage or assist anyone else to violate this Agreement.

J. Disclosure Of Information

The terms of "Privacy Policy" which deals with disclosure of information has been incorporated by reference to this Agreement. You are requested to kindly refer to the "Privacy Policy" to understand the circumstances when “Healcard” would disclose Your personal information.
“Healcard” assures you that we will not process data about any identified or identifiable natural person that we obtain from You in a way incompatible with the purposes and other limitations which We describe in this Agreement.
“Healcard” will take reasonable precautions to protect the information it obtains from you from our loss, misuse, unauthorized access or disclosure or use, or alteration or destruction, of that information. However, “Healcard” will have no liability to you or any third party provided that such reasonable precautions are taken.

K. Administrative Access

“Healcard” will have access to Your accounts for administrative reasons.
“Healcard” expressly states that You must NOT commit any illegal or prohibited acts as specified in Clause on "Prohibited Uses" of this Agreement through Our Application.
If You are found to be abusing our services for any illegal purposes, “Healcard” reserves the right to disconnect Your account and ban You from further use of our services.

L. Reserved Rights

“Healcard” reserves the following rights:

To suspend or terminate the account of anyone who violates this Agreement;
To change or alter the Services, the form and nature of the Application or any Services provided through the Application;
To review, modify, filter, disable, delete and remove any and all content and information from the Application;
To cooperate with any law enforcement, court or government investigation or order or third party requesting or directing that We disclose information or content or information that You provide, or if We decide that such disclosure is in Our or its customer's best interests;
To display advertising and promotions, which may be targeted to certain users or sections of the Site based upon queries made or preferences indicated, and may not be identified as paid advertisements or promotions.

M. This Agreement Is Valid From The Date:

User subscribes to this Application till the time when you decide to stop using the services offered by the Application.
Cancellation, Suspension or Termination of Services.

N. Your Representations And Warranties

By using the Application, the Services or the Content You represent and warrant that:

You are 18 years of age or older, an emancipated minor or the parent or guardian of a minor who You are authorized to use the Application and Services;
You understand and agree that this Agreement is a legally binding agreement and the equivalent of a signed, written contract;
You will use the Services in a manner consistent with all laws and regulations and in accordance with the terms and conditions of this Agreement;
You are authorized to sign for and bind the person or entity using the Services;
You will provide only true, accurate, complete and current information to “Healcard”; and
You will not impersonate any person or entity, misrepresent any affiliation with another person, entity, or association, use false headers, or otherwise conceal Your identity from “Healcard” or in any material that You post or submit on Application for any purpose.

O. Assignment

You may not assign this Agreement or any part of this Agreement without the express written consent of “Healcard”. Any purported or attempted assignment or other transfer or delegation in violation of this Agreement shall be null and void. You agree that “Healcard” may assign this Agreement or any part of this Agreement at any time and for any reason without Your consent.

P. Modification

“Healcard” has sole and complete authority to modify and amend the Terms of Service with or without any notice to You in this regard.

Q. Incorporation Of Policies

Privacy Policy and Disclaimer Policy referred to in this Agreement constitute an integral part of this Agreement and are incorporated herein by this reference.

R. Governing Law & Jurisdiction

This Agreement and its interpretation hereunder and all suits and special proceedings hereunder shall be construed in accordance with the applicable Indian laws and any dispute arising shall be governed by the same. The District Courts in Surat, Gujarat, India shall have jurisdiction to try and decide any matter arising out of and related to this Agreement. The Parties unconditionally submit to the jurisdiction of Surat, Gujarat, India, for settlement of any dispute or enforcement if any right under this Agreement.

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