The accompanying terms and conditions (the "Terms of Use" or the "Agreement") establish an arrangement among you and Icareheal Healthtech Private Limited (hereinafter referred to as "Icareheal," "we," or "us"), the administrator of the website www.icareheal.com and related sites, applications, administrations and versatile applications, and all related services (all in all, the "Administrations") given by Icareheal and on/in which these Terms of Use might be posted or referred to. All references in this Agreement to "You/you" shall signify any guest, client, or other individual who accesses and uses our Services in any manner or way.
As mentioned throughout the Terms of Use, the Services will incorporate without restriction the services and other such related services as Icareheal provides through its website and its application from time to time. These Terms of Use will oversee your utilization of the relative multitude of Services offered by Icareheal regardless of whether you have enlisted and additionally made an Icareheal account with us. This Agreement comprises of a Contract between you and Icareheal that oversees your access and utilization of the Services. This implies that by viewing, accessing, and/or using our Services in any manner or form you consent to every one of the terms and conditions of this Agreement. If you do not agree to the same then you are free to not utilize any of our Services.
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.
Any collection and/or utilization of Personal Information (as mentioned in Section 5) by Icareheal as a result of the use of its Services in any manner or form is described under Icareheal's Privacy Policy which can be accessed via the link www.icareheal.com/privacy_policy/
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.
The following shall be alluded to as "You", "Your", "Client" all through Icareheal's Terms of Use and related Policies -
By registering on the Platform for availing benefits of any of its Services and/or setting up an online / offline practice; visiting, accessing and/or viewing Icareheal’s websites, apps and related online platforms you automatically accept and are bound by Icareheal’s Terms of Use which shall also include the Privacy Policy and all related policies that are referred to herein or which may otherwise be published by Icareheal from time to time either on this website or on any of Icareheal’s online Service platforms.
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.
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.
Users, who wish to seek for Services from Healthcare Service Providers enrolled on Icareheal's online platform may register and create accounts for which they may be required to submit information and Content to the Services such as the name, age and sex of the patient, patient health information, healthcare services related data, communications and usage data all of which shall qualify as ‘User Data’ and will be owned by the Customer. By utilizing Icareheal's Services and related applications, Customer's comprehend that the healthcare service providers on Icareheal's online platform Services may view, have access and also update the Customer’s medical care information over the course of providing the Customer with healthcare services. The ownership of and responsibility for such healthcare data of the Customers rests with the Customer at all times. As proprietor and controller of the Customer Data, the Customer alone may furnish Icareheal with guidelines on how to manage this information. All information relating to Customer Data is covered by Icareheal's Privacy Policy. By utilizing Icareheal's online platform and Services you consent to the secured storage of your data and the Data Security as provided by Icareheal towards the same.
Any and all manner of engagement between healthcare service providers and registered Customers conducted through Icareheal’s online platform shall be governed by these Terms of Use and associates Policies.
This Conduct Policy enlists acceptable and unacceptable conduct by Users and Healthcare Service Providers who shall be availing Icareheal’s Services.
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.
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.
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.
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.
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.
Icareheal makes no representation or warranty with respect to any items or products or services offered on any third party sites/links. The terms and conditions of use and privacy policy of any third party may differ significantly from the terms and conditions of use and policies that apply to Your use of Icareheal’s Services. You are responsible for and must review the terms and conditions of use for all third party services for more information about the terms and conditions that apply to your use of that third party services. You agree to access and use of such third party website/services entirely at your own risk and cost.
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.
Icareheal may change these Terms of Use (and any related Policies) at any time at its sole discretion in entirety or in part. In case of any material or significant and substantive change in the Terms of Use Icareheal may inform you by posting a notice of the changes on its site, through its web applications or by email. You are expected to always check these Terms of Use and related policies for changes. By continuing to use Icareheal’s Services and it’s apps / websites after any change to these Terms of Use, you acknowledge and accept the changes. The Terms of Use as they apply to you as a user may not otherwise by amended.
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.
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:
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.
These Terms of Use shall commence from the time you start using/accessing Icareheal’s online platform and/or Services in any capacity until terminated by you and/or Icareheal as provided below -
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.
These terms shall be governed by and construed in accordance with the laws of India and all disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts at New Delhi, India only. These Terms of Use and associated policies shall be admissible in all legal proceedings. Use of Icareheal’s online platform and Services is not authorized in any territory of jurisdiction that does not give effect to all provisions of these Terms of Use, including this clause/section.
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
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.
You must be 18 years of age or above in order to create an account on Icareheal’s online platform or use the Services on your own. Those under the age of 18 may not use the Services. By using the Services on behalf of a minor child, you represent and warrant that you are the parent or legal guardian of such child and that all references in these Terms of Use to “You” shall refer to such child or such other individual on whose behalf you have such authorization to enter into these Terms of Use and you in your capacity as the parent or legal guardian of such child or as the authorized party of such individual. If you do not qualify under these Terms of Use, You may not use Icareheal’s Services. Use of Icareheal’s Services is void where prohibited by an applicable law, and the right to access the Services is revoked in such jurisdictions. By using Icareheal’s Services You represent and warrant that you have the right, authority, and capacity to enter into these Terms of Use. Icareheal’s Services are administered in India and intended for Indian users only; any use outside of India or use related to activities outside of India is prohibited and at the user’s own risk. Users are responsible for compliance with any local, state or central laws applicable to their use of the Services.
This Agreement contains the entire agreement and understanding of the Parties with respect to the subject matter thereof and supersedes any and all prior written or oral understandings of the Parties if any. You shall not assign or sub-license any of the rights and obligations as under this Agreement without the prior written consent of Icareheal. Any and all notices in this regard will need to be delivered in written format and must be acknowledged as received. No partnership, joint venture, agency or employment relationship is created as a result of these Terms of Use and neither Party has any manner of authority of any kind to bind the other in any respect.
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