Icareheal creates and provides an online healthcare platform for all healthcare service providers to engage with their patients over a virtual platform and provide their patients consultation and related services across all modes existent today or may come in future. The Services provided through our online platform are aimed towards furnishing healthcare service providers and patients with a virtual practice space in an online mode only that enables healthcare service providers to be easily accessible to patients through the online, mobile app services including engaging in an online and offline consultation and patient monitoring Services. The Services offered through our online / offline platform are intended only as tools for aiding healthcare service providers and their patients to engage over an online / offline medium. Icareheal does not and shall not engage in any health related advisory under any circumstances whatsoever, it is only a platform to connect the healthcare service provider and the patient / users.
If your use of Services is terminated under any condition then this Agreement will continue to apply and be restricting upon you concerning your earlier utilization of the Services as well as any subsequent and unauthorized use of the Services including your indemnification commitments as under this Agreement AND any rights or licenses granted to Icareheal under this Agreement will continue.
Data Security means all practices undertaken by Icareheal to protect all digital information stored with Icareheal in any manner and form from all kinds of cyberattacks, destructive forces, unauthorized access, theft, corruption, data breaches and related such activities.
Healthcare Service Provider means a licensed individual or a licensed professional and/or an authorised entity or organisation working in the medical health care sector/industry legally permitted, authorised and capable of providing licensed medical aid and healthcare services to patients as under the prevailing law in force in India and as may be applicable to them.
“Per Use Pre Defined Services” means those services that are purchased from Icareheal for a limited period/time for use in addition to Subscribed Services and which do not include any services as included in the Value Added Services from Icareheal Subscribed Services" means those Services that Users have purchased specifically from Icareheal
Users means and includes, without limitation any individual or entity who shall access and/or utilise Icareheal’s services in any manner or form, as well as those who shall view Icareheal’s websites and services through any medium
User Data means any and all electronic data and/or information submitted or provided by the Users or collected and processed by or for the Users by Icareheal, excluding data belonging/provided by Icareheal.
“Value Added Services” means those Services that Users have purchased from Icareheal in addition to Subscribed Services or per use Pre Defined services.
- Any individual and/or visitor viewing the Services provided by Icareheal through any of its online platforms;
- Healthcare service providers who shall subscribe to our Platform to render their Services and
- Patients who shall register with health care providers to avail of their Services
2. OUR SERVICES-
- You understand and acknowledge under this Agreement that although some content or information may be provided by healthcare service providers through these Services the provision of such content does not create any medical professional or patient relationship and does not constitute as an opinion, diagnosis, medical advice or treatment, but, is merely provided to assist You to select a doctor or other healthcare specialist/professional/provider (collectively referred to as “Healthcare Service Providers”) or otherwise be generally informative. IcareHeal shall not be liable for any advise / treatment or medicine administered by the healthcare practitioner.
- "Content" across our online platforms will mean and refer to any content, information, data, text, images, graphics, video, audio, suggestions, articles, guidance, and other such related materials provided or made available or otherwise found through the Services including without limitation any Content that may be provided to You in direct response to Your queries or interactions.
- While Icareheal makes reasonable efforts to provide You with accurate content and information we make no guarantees, representations or warranties, whether express or implied, with respect to any such Content provided by or through our Services, including but not limited to information pertaining to professional qualifications, expertise, quality of work, pricing or cost, insurance coverage/benefit information. In no event and under no circumstances shall we be liable to You or anyone else for any decision that shall be made by You or any action taken by You based upon any reliance of such Content. Additionally we do not in any way refer, recommend or endorse any individual or entity that may be listed in such Content or which may be accessible through our Services.
3. BY REGISTERING AS A HEALTHCARE SERVICE PROVIDER, YOU AGREE THAT
- You are an authorized healthcare service provider with the necessary medical licenses to practice and provide for, including any legal approvals if any, such healthcare services to patients as may be provided over Icareheal’s online platforms and Services.
- You will not register Yourself and utilize our Services for any reason other than offering direct advise, assistance and service to patients registered on Icareheal's online platform.
- You are not impersonating some other individual and are utilizing your real identity.
- You may be required to provide your full name, email address, mobile phone number, location, business name and address and You certify that the information provided during the registration process is accurate, true and complete. You will keep the information updated at all times.
- You are needed to occasionally review and update your registered information to guarantee that it is consistently current and accurate.
- You shall verify the terms and conditions of your existing Insurance Policies/Plans, if any, for coverage of damages arising of/from online consultations and shall ensure that any existing or to-be purchased Insurance Policy/Plan ensures the above. Icareheal highly recommends that all Healthcare Services Providers purchase an Insurance Policy for safeguarding their interests and Icareheal shall not be liable for the same neither shall be held accountable for protection of the Healthcare Service Providers in the absence of such Insurance Policies/Plans.
4. NO MEDICAL ADVICE and NO DOCTOR PATIENT RELATIONSHIP -
Icareheal is not a healthcare service provider in any manner or form. The data, content and related information that you get or potentially get from Icareheal, its workers, or in any case through the Services, is for informational purposes only. All medically related information, including without limitation any information which may be potentially shared via our websites, social media, emails, video or text messaging, online platforms or advertising is purely for informational and communicative purposes only.
The information You may receive in any and all manner is not intended to be used as a substitute for, nor should it replace, any professional medical/health advice, diagnosis, or treatment. Kindly do not attempt to use these Services for emergency medical needs. In the event that you experience a medical health emergency in any form or manner, immediately contact a healthcare professional near You. Your use of these Services will be solely at your own risk. Nothing that is posted, or available through any of the Services is intended to be, and must not be taken to be, the practice of any professional healthcare advice, or the provision of medical care from any medical or healthcare fields. Healthcare service professionals use these Services to only share content with you, but your use of that content is not a substitute for healthcare services. NO LICENSED MEDICAL PROFESSIONAL/PATIENT RELATIONSHIP IS CREATED WHEN YOU USE THE SERVICES OR CONTENT. This is true for any such content whether it may be provided by or acquired through the use of the Services or through any other communications from Icareheal in any manner whatsoever.
In the event that You depend on any information, content or data provided, viewed or received from Icareheal's Services, You do so exclusively at your own risk. You are urged to separately affirm whether any and all content, data or information received and/or viewed by You is relevant to You from external sources, including the healthcare service provider’s office, medical associations relevant to the applicable specialty, applicable medical boards, and the appropriate licensing/certification authorities to verify any listed credentials and qualifications.
Furthermore Icareheal encourages all healthcare service providers to use these Services responsibly and in accordance with the telemedicine guidelines issued by National Medical Commission [earlier MCI] or any other rules issued by any other appropriate / competent Authority from time to time but we neither claim nor certify to have any control in any manner over and will not guarantee the availability of any healthcare service providers at any particular time. Icareheal shall not be liable for any cancelled or otherwise unfulfilled patient appointments, unsatisfactory medical help, or any injury or loss resulting therefrom, or for any other injury or loss resulting or arising from, or related to, the use of the Services whatsoever.
5. Healthcare Service provider Content -
All Content in any manner or form, related to healthcare service providers and their practices is intended for general reference purposes only. While we put forth reasonable attempts to affirm Content as provided by healthcare service providers and keep it refreshed, it can change often and may get outdated, inadequate or erroneous at any time. Icareheal does not provide any advice or certification with respect to the capabilities of a specific healthcare service provider.
6. Data USAGE AND STORAGE -
7. Conduct POLICY
This Conduct Policy enlists acceptable and unacceptable conduct by Users and Healthcare Service Providers who shall be availing Icareheal’s Services.
- Any violation of this policy could result in the suspension of Your access to the Services and if any conduct is found to be deliberate, repeated and/or possibly harmful to any other user of Icareheal’s online platform or Services, it will lead to immediate termination of your access to Icareheal’s Services. This policy may change from time to time it shall be your responsibility to look up for any updates to the policy.
- Your username and password are unique to you and you agree not to disclose or share either to/with any third party. You are solely responsible for keeping your password confidential and for notifying Icareheal immediately in the event your password has been hacked or stolen.
- You agree that you will not allow any other individual to access your account under any circumstance whatsoever. In case you breach this undertaking then you will be solely responsible for any activities conducted on or through the online platform Services from your account regardless of whether or not You are the individual who performs or engages in such activities. This includes any unauthorized access and/or use of your account. You hereby release and hold harmless and shall always keep Icareheal indemnified from any and all such claims and causes of action that may arise out of or may result from a third party’s unauthorized use of your account.
- Icareheal does not claim that the Services and/or online platform are fully compliant for use within all the countries and territories from where it may be accessed/viewed. Your use and access of Icareheal’s online platform and Services is entirely at your own initiative and risk. You are solely responsible for compliance with local laws in your respective country with regard to the use of such Services.
- Icareheal is constantly updating its Services in order to evolve and enhance user experience. Therefore, You acknowledge and agree that the form and nature of the Services provided by Icareheal may change from time to time and certain features may be added, improved or changed without prior notice as per the demands of changing technology.
- You shall not use Icareheal’s online platform and its Services for any purposes other than those intended by Icareheal and as determined by Icareheal at its sole discretion.
- You shall not attempt to circumvent any kind of security measure put in place for any of Icareheal’s Services or attempt to gain unauthorized access to any of its Services, users accounts, or computer systems or networks owned and/or controlled by Icareheal through hacking, password mining or any other such related activties.
- You shall not share or upload any manner of data or information which may contain viruses or any computer code, corrupt files or programs which are engineered or intended to disrupt and/or destroy the functionality of any software, hardware, networks, servers or other such related services and equipment.
- 9.You shall not attempt to access or obtain information/data regarding any account other than your own by any means whatsoever. You may not use Icareheal’s online platform and its Services in any manner that could potentially damage, disable, overload, or impair the servers or networks, or interfere with any other users access and enjoyment of the Services.
- You may not use any robot, spider, scraper or other automated means to access the Services for any purpose. Violation of this policy may result in termination of your access to the site and of your registration. This shall be without prejudice to and in addition to any other remedy available under the laws.
- You shall not post and/or provide material or information that infringes or violates the rights, including proprietary rights, as well as any intellectual property and privacy rights of any third party.
- You shall not post and/or provide material or information, neither shall you engage in any behavior in any form or manner through any of services which may be viewed as unlawful, obscene, defamatory, harassing, threatening, abusive, hateful or embarrassing to any other person or entity. Icareheal shall not be responsible for any such conduct of the users of the online platform and services and has the sole discretion to terminate/suspend the account without prior notice immediately.
- If You are a competitor service You shall not use Icareheal’s Services as a user to study and copy features and services as provided by Icareheal in any manner or form.
- In order to protect the integrity of Icareheal’s website and online platform Services Icareheal reserves the right at any time in its sole discretion to block certain users/customers from specific IP addresses.
- You are responsible for the information you voluntarily provide and agree to defend at your sole expense, indemnify and hold Icareheal harmless from any damages, losses, costs, or expenses which Icareheal shall or potentially may incur as a result of the information you provide.
- You are solely responsible for exporting and/or requesting the export of all your customer Data before expiry or cancellation of your Icareheal account, should you choose to discontinue using it and/or should your account be terminated.
8. USER and HEALTHCARE SERVICE PROVIDER RESPONSIBILITIES
Notwithstanding the above, the accompanying obligations apply to ALL Users and ALL Healthcare service providers registered on the online platform and/or Services as offered by Icareheal.
- You will be responsible for every one of the settings and configurations applied in your accounts on the online platform and related Icareheal Services, including the management and configuration of your account and services, management of Your Data and all such services affected by such configuration.
- You are responsible for the Data provided / uploaded on Your account and shall be responsible for ensuring that You follow and abide by all usage practices requisite for maintaining the privacy and confidentiality of your patients’ healthcare data.
- You will follow all medical, healthcare, data regulation, telemedicine guidelines and such rules relevant to healthcare service providers as applicable in your state, country and area of service. You shall solely be responsible for choosing to use Icareheal’s Services after ascertaining that it meets the necessary regulatory compliance applicable to your operations.
- You shall not publish, distribute or disseminate in any manner any patient or user healthcare information without their prior informed consent. Icareheal is not liable for your handling of your own data neither shall Icareheal be liable for any outcomes as a result of such activity.
- Icareheal's services only serves as a technology enabler for the online healthcare services that you voluntarily choose to undertake or provide. Any disputes between a healthcare service provider and the patient/user will be dealt between themselves directly. Icareheal shall have no obligation nor any liability to monitor such services and settle such disputes.
- Icareheal assumes no liability for healthcare and additionally other data that might be published/provided by healthcare service providers through Icareheal's Services. Healthcare service providers are solely responsible to guarantee that the content is medically proper. Icareheal retains the right to review and erase any such content if brought to its notice. Icareheal in no way assumes to take any responsibility in reviewing any content published in any of its Services by its users.
- You agree that You receive certain essential automated SMS, mobile and/or email notifications relevant to Icareheal’s Services to the mobile number and email address registered with your user account, irrespective of whether you have subscribed to any Do-Not-Disturb (DND) services with your network service provider.
9. Utilization OF OUR CONTENT -
All of our Content except the content published by the Healthcare service provider or where source of the content is expressly mentioned to be otherwise, is owned by us and is protected by copyright, trademark, patent, and related proprietary and Intellectual Property Rights. You consent that the Services and any underlying or associated technology and software used in connection with the Services contain Icareheal’s proprietary information. Icareheal hereby as under this Agreement only permits You to use the Content for personal non-commercial purposes only and does not transfer any intellectual property rights to You by virtue of such permission to use of our Services. You may not copy, distribute, republish, sell, or exploit any of the Content, or exploit the Services in whole or in part, for any commercial gain or purpose whatsoever unless permitted in writing by Icareheal. Except as expressly provided herein, Icareheal grant you any rights in any form or manner, either express or implied, and all rights in the Services not expressly granted by Icareheal to you are specifically and exclusively retained by Icareheal.
10. DISCLAIMER -
Icareheal, its partners, parent, subsidiaries or affiliated entities, successors and assigns, as the case may be, make no representations or warranties regarding any suggestions or recommendations of Services or products offered or purchased through Icareheal and shall not be responsible neither be liable for either the accuracy, copyright compliance, legality, or decency of the material/information contained in or accessed through its Services. Icareheal has no special relationship with or fiduciary duty to you.
Icareheal provides the services “AS IS” and “AS AVAILABLE.” Icareheal makes no express or implied warranties or guarantees about the content or services and to the maximum extent permitted by law Icareheal hereby disclaims all such warranties, including all statutory warranties with respect to the services, including without limiting to, any warranties that the Services as provided by Icareheal are mercantile, accurate, of satisfactory quality, fit for a particular purpose or are non-infringing. Icareheal does not guarantee that the results that may be obtained from the use of its Services will be accurate, effective or reliable in any manner.
Further, Icareheal does not guarantee that You will be able to use the Services at times or locations of your choosing at all times. Icareheal is not responsible for the reliability, accuracy, or completeness of information provided by any users of the Services or any other data or information that may be provided or received through the Services.
Icareheal does not warrant that its Services will operate seamlessly, in an uninterrupted, error-free, bug-free manner or shall be devoid of any form of defects, or that there shall be no loss of data. Neither does Icareheal guarantee that Services or software are free of computer viruses, contaminants or other such related harmful items. Except as expressly set forth herein, Icareheal makes no warranties about the information systems, software and functions that are made accessible through its Services or any other such related security associated with the transmission of sensitive information or data.
11. Subscription and PAYMENTS
- All use of Icareheal’s Services by a Customer and the Healthcare service provider is based upon subscription to applicable Subscription Services plan, which characterizes the degree and level of utilization of the online platform Services by You. The online platform Services also provides Value Added services and Per Use Pre Defined Services that can optionally be purchased and used.
- Subscriptions and other payments are to be managed and paid for online through Icareheal’s online interface by You and/or offline and/or any other mode of payment as may be made available by Icareheal.
- Icareheal shall reserve the right to reject or modify any subscription or related orders without giving any reason. Icareheal shall make efforts to communicate any such change but does not guarantee the same.
- Inability to pay the subscription expenses on time will bring about the deactivation of your Services and your registered account. Deactivated accounts can be reactivated by making the necessary subscription payment and shall be on the sole discretion of Icareheal.
- Icareheal reserves the right to change the plans and pricing at any time. The price changes will be notified by email/displayed on the platform to all existing and/or prospective subscribers and also on the website. If you have a paid plan, you may be able to upgrade/downgrade your account via customisations at any time. You can upgrade by paying the incremental cost. Downgrading of account can cause reduction in features or loss of access to content in your account and will not result in refunds. Icareheal will not be responsible for operational limitations due to downgrading of an account subscription.
- All information in your billing account should be current and precise. All payments collected for a billing cycle are non-refundable irrespective of an account’s cancellation and/or termination. Late payments will result in suspension of Service until payments are made.
- Deactivated and/or cancelled Icareheal accounts are maintained for a maximum of 30 days before complete deletion. Deletion of an account will also include permanent deletion of all related stored Data and configurations to the account. Icareheal shall make the Data available to for export or download ONLY upon request made by you within this 30 day period. Icareheal shall have no obligation to maintain your Data after this 30 day period. Icareheal is not responsible for any loss or other consequences caused by deactivation or deletion of your account.
12. CUSTOM UPDATES and MAINTENANCE
Icareheal is continually creating and advancing to improve our Services. As a component of this customary improvement, we may add or eliminate certain highlights or functionalities, or potentially begin offering new services or quit offering old ones. On the off chance that we roll out material improvements that may contrarily affect your utilization of our Services or on the off chance that we quit offering a service, we will endeavour to furnish you with a notification ahead of time. Certain updates will be provisioned as compulsory updates requiring all clients to refresh their installed web apps, if any, before proceeding with further use. Icareheal bears no responsibility of consequences of access to user accounts being unavailable at any point during these updates. Icareheal also bears no responsibility in unavailability/downtime of the Apple iTunes and/or Google Play/Android app services and any subsequent impact arising from the same.
13. THIRD PARTY LINKS AND SERVICES
Icareheal's website and Services may contain links to third party websites/services. These are available for your convenience and for no other purpose. Icareheal does not warrant or make any such representation about the substance, quality, functionality, accuracy, appropriateness for a particular purpose, merchantability or any other representation about any third party website/service or its content. Any link to a third party website on Icareheal’s website does not constitute endorsement, approval, sponsorship or responsibility for any such third party site.
In the event that Icareheal shall incorporate a third party software as part of certain of the Services including without limitation any open source third party software then your use of such third party software is subject to any and all applicable additional terms and conditions governing such use provided by the third party software provider. Where applicable additional notices relating to the third party software may be provided by us alerting to disclaimer notices as applicable to the third party softwares.
15. INTELLECTUAL PROPERTY, COPYRIGHT AND TRADEMARKS
16. LIMITED WARRANTY
Icareheal’s software and associated Services are provided without any warranty of any kind and Icareheal hereby disclaims all express or implied warranties of any manner, including without limitation warranties of fitness, merchantability, quality, performance, reliability, accuracy, loss/corruption of data or any other commercial damages or losses, arising out of or related to its software. Icareheal hereby makes no warranty or claim that the Services will be available and/or accessible uninterruptedly or without errors or shall meet your expectations. To the maximum extent permitted by applicable law, the above warranty is exclusive and in lieu of all other warranties, whether express or implied, including the implied warranties of merchantability, fitness for a particular purpose, and noninfringement of intellectual property rights.
17. Limitation OF LIABILITY
ALL users/customers/clients expressly understand and agree that Icareheal and its subsidiaries, affiliates, officers, employees, agents and partners shall not be liable for any direct,0 indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for use, loss of profits, goodwill, data or loss of life or other intangible losses resulting from:
- The use or the inability to use Icareheal’s Services;
- Any unauthorized access to or modification of your transmissions or data;
- Statements or conduct of any third party on the service;
- Any changes which may be made to the services by icareheal
- Any failure to keep your password or account details secure and confidential;
- Any other matter relating to the service.
18. INDEMNIFICATION AND RELEASE
You agree to defend, indemnify and hold harmless icareheal, and its officers, managers, members, directors, employees, successors, assigns, subsidiaries, affiliates, service professionals, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt and expenses (including but not limited to attorneys, fees) arising from your use of, access to, and participation in services provided by the website, your violation of any copyrights, proprietary, intellectual property rights or any claim that your submitted/uploaded/provided content has caused damage to a third party.
This defense and indemnification obligation will survive the terms of service and termination of your account.
- Your subscription to Icareheal’s online platform and Services expires due to a cancelled subscription and/or expiry of a subscription that was not in auto-renewal mode.
- Icareheal shall reserve the right to modify and/or discontinue its Services at any time, for any reason including but not limited to the violation of this Agreement. In any case where the cause for discontinuation is not due to violation of this Agreement notice of at least thirty (30) days shall be provided.
- On termination of your account, you will no longer be able to use and/or access your account
as well as any Services of the online platform. Any obligations of any manner you may have
prior to effective date of termination must be met.
Any termination does not relieve you of the obligation to pay any fees payable to us for the period prior to the effective date of termination.
- In case of termination of your account and associated Services with cause, there will be no
refund of payments for the period between date of termination and date of expiry of your
current subscription. Icareheal also retains the right to pursue any mode of action to
After the termination or expiration of your subscription, Icareheal will have no obligation to maintain or provide any of your Data beyond the stipulated period as may be legally required, if any. Icareheal may delete all your Data in its systems unless it is legally required to maintain the Data for other reasons.
Neither party may assign or delegate any of its rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of the other party. You will be responsible for updating all your billing and contact information at all times by notifying Icareheal of any changes. Any supposed assignment in violation of this clause/section will be void. Subject to the foregoing, this Agreement will be binding upon, and inure to the benefit of, the successors, representatives, and permitted assigns of the Parties.
21. JURISDICTION AND GOVERNING LAW
22. FORCE MAJEURE
Icareheal and its officers, directors, employees and customers shall be absolved from any claim of damages resulting from any cause(s) over which Icareheal does not have direct control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses or other damaging code or data, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labour problems, wars, or governmental restrictions
23. LIMITATIONS OF CLAIMS
No activity emerging under or regarding this Agreement, irrespective of the form might be brought by You after more than ONE (1) year after the cause of action first arose and any such actions brought forth by you thereafter shall be barred.
In the event any one or more of the provisions of this Agreement shall for any reason be held to be invalid, illegal or unenforceable the remaining provisions of this Agreement shall be unaffected and remain applicable and enforceable. Furthermore the invalid, illegal or unenforceable provision may be replaced by a provision that comes closest to the intention of the Parties that underlie the invalid, illegal or unenforceable provision.
The headings of all sections of this Agreement are for your benefit and convenience only and do not form a part hereof and in no way limit, define, describe, modify, interpret or construe the meaning, scope or intent of this Agreement or any terms or conditions herein.
27. GENERAL PROVISIONS