1.1. By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
1.2. If you [register with our website, submit any material to our website or use any of our website services], we will ask you to expressly agree to these terms and conditions.
You must be 18 years of age or older to register, use the Services, or visit or use the Website in any manner. By registering, visiting and using the Website or accepting this Agreement, you represent and warrant to Healtheoz that you are 18 years of age or older, and that you have the right, authority and capacity to use the Website and the Services available through the Website, and agree to and abide by this Agreement.
The terms in this Clause 3 are applicable only to Users other than Practitioners.
3.1 END-USER ACCOUNT AND DATA PRIVACY
3.1.2 Healtheoz may by its Services, collect information relating to the devices through which you access the Website, and anonymous data of your usage. The collected information will be used only for improving the quality of Healtheoz’s services and to build new services.
3.1.3 The Website allows Healtheoz to have access to registered Users’ personal email or phone number, for communication purpose so as to provide you a better way of booking appointments and for obtaining feedback in relation to the Practitioners and their practice.
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 Healtheoz will disclose such information; and,
Other information mandated by the SPI Rules.
3.1.6 Healtheoz shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the User to Healtheoz or to any other person acting on behalf of Healtheoz.
3.1.7 The User is responsible for maintaining the confidentiality of the User’s account access information and password, if the User is registered on the Website. The User shall be responsible for all usage of the User’s account and password, whether or not authorized by the User. The User shall immediately notify Healtheoz of any actual or suspected unauthorized use of the User’s account or password. Although Healtheoz will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Healtheoz or such other parties as the case may be, due to any unauthorized use of your account.
3.1.8 If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Healtheoz has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Healtheoz has the right to discontinue the Services to the User at its sole discretion.
3.1.9 Healtheoz may use such information collected from the Users from time to time for the purposes of debugging customer support related issues.
3.2 RELEVANCE ALGORITHM
Healtheoz’s relevance algorithm for the Practitioners is a fully automated system that lists the Practitioners, their profile and information regarding their Practice on its Website. These listings of Practitioners do not represent any fixed objective ranking or endorsement by Healtheoz. Healtheoz will not be liable for any change in the relevance of the Practitioners on search results, which may take place from time to time. The listing of Practitioners 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 listing algorithm. Healtheoz in no event will be held responsible for the accuracy and the relevancy of the listing order of the Practitioners on the Website.
3.3 LISTING CONTENT AND DISSEMINATING INFORMATION
3.3.1 Healtheoz 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. Healtheoz takes reasonable efforts to ensure that such information is updated at frequent intervals. Although Healtheoz 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 Healtheoz 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 merchant-ability, 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). Healtheoz does not provide or make any representation, warranty or guarantee, express or implied about the Website or the Services. Healtheoz 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, Healtheoz 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 Healtheoz 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. Healtheoz has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through our Website. Inclusion of any link on the Website does not imply that Healtheoz endorses the linked site. User may use the links and these services at User’s own risk.
3.3.4 Healtheoz 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 Healtheoz determines that you have provided fraudulent, inaccurate, or incomplete information, including through feedback, Healtheoz reserves the right to immediately suspend your access to the Website or any of your accounts with Healtheoz and makes such declaration on the website alongside your name/your clinic’s name as determined by Healtheoz for the protection of its business and in the interests of Users. You shall be liable to indemnify Healtheoz for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected Healtheoz or its Users.
3.3.6 The information published under the head of “Industry wide city-wise Pricing Graph” is derived from a benchmarking group that is determined to be relevant by Healtheoz in the relevant city. Healtheoz has published this information for guidance purpose and does not have the ability to ascertain accuracy of the data based on which the information has been published and nor does it have any duty to disclose to anyone the source of the underlying data sets based on which this information has been published. Healtheoz is not liable in any manner for any consequence whatsoever arising out of any use of the information published here.
3.4 BOOK APPOINTMENT AND CALL FACILITY
3.4.1 Healtheoz will ensure Users are provided confirmed appointment on the Book facility. However, Healtheoz has no liability if such an appointment is later cancelled by the Practitioner, or the same Practitioner is not available for appointment. Provided, it does not fall under the heads listed under the Healtheoz Guarantee Program, in which case the terms of this program shall apply.
3.4.3 The results of any search Users perform on the Website for Practitioners should not be construed as an endorsement by Healtheoz of any such particular Practitioner. If the User decides to engage with a Practitioner to seek medical services, the User shall be doing so at his/her own risk.
3.4.4 without prejudice to the generality of the above, Healtheoz 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 Healtheoz will not be liable for:
3.4.5 Users are allowed to provide feedback about their experiences with the Practitioner, however, the User shall ensure that, the same is provided in accordance with applicable law. User however understands that, Healtheoz 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 the listing of a particular Practitioner from the Website.
3.4.6 Patient- No-Show (P.N.S) for the purposes of these Terms and Conditions, is defined as, any instance where a User, who booked an appointment on the Website using the Book Appointment facility , has not turned up for the appointment without cancelling, rescheduling, or informing the Practitioner in advance about the same. When Practitioner informs Healtheoz of the incident or marks a particular appointment as P.N.S. using the Healtheoz Ray software or Healtheoz Pro App within five (5) days of the scheduled appointment, an email and SMS (“PNS Communication”) will be sent to the User to confirm on the incident with reasons. Where the User is not able to establish that the User had a legitimate reason as per Clause 3.4.6(c), for not showing up, Healtheoz shall be entitled to take actions as under Clause 3.4.6 (a). However Users understand that, actions such as ones mentioned under Clause 3.4.6(a) are included as a deterrent to stop Users from misusing the Website, and the loss of business hours incurred by the Practitioner.
Following instances, solely at the discretion of Healtheoz, would be construed as valid cases of PNS (“Valid PNS”), in which case the User shall be penalized as per Clause 3.4.6 (a):
Where the User has booked a paid appointment and is unable to visit the Practitioner, due to such genuine reasons of sickness etc. at the sole discretion of Healtheoz, pursuant to conducting of investigation, the User shall be provided with a refund of such payment made by User, at the time of booking. However, where cancellation charges have been levied, you would not be entitled to complete refund.
3.4.7 Cancellation and Refund Policy
3.5 NO DOCTOR-PATIENT RELATIONSHIP; NOT FOR EMERGENCY USE
3.5.1 Please note that some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, “Information”) that may be available on the Website (including information provided in direct response to your questions or postings) may be provided by individuals in the medical profession. The provision of such Information does not create a licensed medical professional/patient relationship, between Healtheoz and you and does not constitute an opinion, medical advice, or diagnosis or treatment of any particular condition, but is only provided to assist you with locating appropriate medical care from a qualified practitioner.
3.5.2 It is hereby expressly clarified that, the Information that you obtain or receive from Healtheoz, and its employees, contractors, partners, sponsors, advertisers, licencors or otherwise on the Website 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 be a substitute for getting in touch with emergency healthcare. If you are an End-User facing a medical emergency (either on your or a another person’s behalf), please contact an ambulance service or hospital directly.
3.6 HEALTHEOZ HMOM AND HDOC
Healtheoz HMom and HDoc is a feature owned and provided by Healtheoz that allows pregnant women & Practitioners to communicate, either on unpaid mode or on paid mode, depending on the option chosen by the User. Further, Users may access this feature on Healtheoz’s platform and available application with the name of Healtheoz MoM in google play store to get assigned, for the purposes of consultation, to a Practitioner whereby such Practitioners are, by default, assigned through the system’s algorithm/software-program that finds the most available and accepting Practitioner or Users may choose Practitioners of choice through the search options made available on Healtheoz’s Website.
3.6.2 Terms for Users:
The Users expressly understand, acknowledge and agree to the following set forth herein below:
3.6.3 CANCELLATION AND REFUND POLICY
3.6.4 EXPRESS DISCLAIMERS:
3.6.5 Terms for Practitioners:
3.7 HEALTHEOZ HEALTH FEED
3.7.1 Healtheoz Health feed is an online content platform available on the website, wherein Practitioners who have created a Healtheoz profile and Users who have created a health account can login and post health and wellness related content
3.7.2 A User can use Healtheoz Health feed by logging in from their health account, creating original content comprising text, audio, video, images, data or any combination of the same (“Content”), and uploading said Content to Healtheoz’s servers. Healtheoz will make available to the User a gallery of images licensed by Healtheoz from a third party stock image provider (“Healtheoz Gallery”). The User can upload their own images or choose an image from the Healtheoz Gallery. Healtheoz does not provide any warranty as to the ownership of the intellectual property in the Healtheoz Gallery and the User acknowledges that the User will use the images from the Healtheoz Gallery at their own risk. Healtheoz shall post such Content to Healtheoz Health feed at its own option and subject to these Terms and Conditions. The Content uploaded via Healtheoz Health feed does not constitute medical advice and may not be construed as such by any person.
3.7.3 The User acknowledges that they are the original authors and creators of any Content uploaded by them via Healtheoz Health feed and that no Content uploaded by them would constitute infringement of the intellectual property rights of any other person. Healtheoz reserves the right to remove any Content which it may determine at its own discretion as violating the intellectual property rights of any other person. The User agrees to absolve Healtheoz from and indemnify Healtheoz against all claims that may arise as a result of any third party intellectual property right claim that may arise from the user’s uploading of any Content on Healtheoz Health feed. The User may not use the images in the Healtheoz Gallery for any purpose other than those directly related to the creation and uploading of Content to Healtheoz Health feed. The User also agrees to absolve Healtheoz from and indemnify Healtheoz against all claims that may arise as a result of any third party intellectual property claim if the User downloads, copies or otherwise utilizes an image from the Healtheoz Gallery for his/her personal or commercial gain.
3.7.4 The user hereby assigns to Healtheoz, in perpetuity and worldwide, all intellectual property rights in any Content created by the User and uploaded by the User via Healtheoz Health feed.
3.7.5 Healtheoz shall have the right to edit or remove the Content and any comments in such manner as it may deem Healtheoz Health feed at any time.
3.7.6 The User agrees not to upload Content which is defamatory, obscene or objectionable in nature and Healtheoz reserves the right to remove any Content which it may determine at its own discretion to violate these Terms and Conditions or be violative of any law or statute in force at the time. The User agrees to absolve Healtheoz from and indemnify Healtheoz against all claims that may arise as a result of any legal claim arising from the nature of the Content posted by the User on Healtheoz Health Feed.
3.7.7 A User may also use Healtheoz Health feed in order to view original content created by Practitioners and to create and upload comments on such Content, where allowed.
3.7.8 User acknowledges that the Content on Healtheoz Health feed reflects the views and opinions of the authors of such Content and do not necessarily reflect the views of Healtheoz.
3.7.9 User agrees that the content they access on Healtheoz Health feed does not in any way constitute medical advice and that the responsibility for any act or omission by the User arising from the User’s interpretation of the Content, is solely attributable to the user. The User agrees to absolve Healtheoz from and indemnify Healtheoz against all claims that may arise as a result of the User’s actions resulting from the User’s viewing of Content on Healtheoz Health feed.
3.7.10 The User acknowledges that all intellectual property rights in the Content on Healtheoz Health feed vests with Healtheoz. The User agrees not to infringe upon Healtheoz’s intellectual property by copying or plagiarizing content on Healtheoz Health feed. Healtheoz reserves its right to initiate all necessary legal remedies available to them in case of such an infringement by the User. All comments created and uploaded by the User on Healtheoz Health feed will be the sole intellectual property of Healtheoz. The User agrees not to post any comments on Healtheoz Health feed that violate the intellectual property of any other person. Healtheoz reserves the right to remove any comments which it may determine at its own discretion as violating the intellectual property rights of any other person. The User agrees to absolve Healtheoz from and indemnify Healtheoz against all claims that may arise as a result of any third party intellectual property right claim that may arise from the User’s uploading of any comment on Healtheoz Health feed.
3.7.11 User agrees not to post any comments which are defamatory, obscene, and objectionable or in nature and Healtheoz reserves the right to remove any comments which it may determine at its own discretion to violate these Terms and Conditions or be violative of any law or statute in force at the time. The User agrees to absolve Healtheoz from and indemnify Healtheoz against all claims that may arise as a result of any legal claim arising from the nature of the comments posted by the User on Healtheoz Health feed.
3.8 CONTENT OWNERSHIP AND COPYRIGHT CONDITIONS OF ACCESS
3.8.1 The contents listed on the Website are (i) User generated content, or (ii) belong to Healtheoz. The information that is collected by Healtheoz directly or indirectly from the End- Users and the Practitioners shall belong to Healtheoz. Copying of the copyrighted content published by Healtheoz on the Website for any commercial purpose or for the purpose of earning profit will be a violation of copyright and Healtheoz reserves its rights under applicable law accordingly.
3.8.2 Healtheoz authorizes the User to view and access the content available on or from the Website solely for ordering, receiving, delivering and communicating only as per this Agreement. The contents of the Website, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the Website (collectively, “Healtheoz Content”), are the property of Healtheoz and are protected under copyright, trademark and other laws. User shall not modify the Healtheoz Content or reproduce, display, publicly perform, distribute, or otherwise use the Healtheoz Content in any way for any public or commercial purpose or for personal gain.
3.8.3 User shall not access the Services for purposes of monitoring their availability, performance or functionality, or for any other bench marking or competitive purposes.
3.9 REVIEWS AND FEEDBACK
Healtheoz may provide End-Users with a free facility known as ‘Records’ on its mobile application ‘Healtheoz’. Information available in your Records is of two types:
User-created: Information uploaded by you or information generated during your interaction with Healtheoz ecosystem, eg: appointment, medicine order placed by you.
Practice-created: Health Records generated by your interaction with a Practitioner who uses ‘Healtheoz Ray’ or other Services of Healtheoz software.
3.10.1 Your Records is only created after you have signed up and explicitly accepted these Terms.
3.10.2 Any Practice created Health Record is provided on an as-is basis at the sole intent, risk and responsibility of the Practitioner and Healtheoz does not validate the said information and makes no representation in connection therewith. You should contact the relevant Practitioner in case you wish to point out any discrepancies or add, delete, or modify the Health Record in any manner.
3.10.3 The Health Records are provided on an as-is basis. While we strive to maintain the highest levels of service availability, Healtheoz is not liable for any interruption that may be caused to your access of the Services.
3.10.4 The reminder provided by the Records is only a supplementary way of reminding you to perform your activities as prescribed by your Practitioner. In the event of any medicine reminders provided by Healtheoz, you should refer to your prescription before taking any medicines. Healtheoz is not liable if for any reason reminders are not delivered to you or are delivered late or delivered incorrectly, despite its best efforts. In case you do not wish to receive the reminders, you can switch it off through the Healtheoz app.
3.10.5 It is your responsibility to keep your correct mobile number and email ID updated in the Records. The Health Records will be sent to the Records associated with this mobile number and/or email ID. Every time you change any contact information (mobile or email), we will send a confirmation. Healtheoz is not responsible for any loss or inconvenience caused due to your failure in updating the contact details with Healtheoz.
3.10.6 Healtheoz uses industry–level security and encryption to your Health Records. However, Healtheoz does not guarantee to prevent unauthorized access if you lose your login credentials or they are otherwise compromised. In the event you are aware of any unauthorized use or access, you shall immediately inform Healtheoz of such unauthorized use or access. Please safeguard your login credentials and report any actual suspected breach of account to support@Healtheoz.com.
3.10.7 If you access your dependents’ Health Records by registering your dependents with your own Records, you are deemed to be responsible for the Health Records of your dependents and all obligations that your dependents would have had, had they maintained their own separate individual Records. You agree that it shall be your sole responsibility to obtain prior consent of your dependent and shall have right to share, upload and publish any sensitive personal information of your dependent. Healtheoz assumes no responsibility for any claim, dispute or liability arising in this regard, and you shall indemnify Healtheoz and its officers against any such claim or liability arising out of unauthorized use of such information.
3.10.8 In case you want to delete your Records, you can do so by contacting our service support team. However only your account and any associated Health Records will be deleted, and your Health Records stored by your Practitioners will continue to be stored in their respective accounts.
3.10.9 You may lose your “User created” record, if the data is not synced with the server.
3.10.10 If the Health Record is unassisted for a stipulated time; you may not be able to access your Health Records due to security reasons.
3.10.11 Healtheoz is not liable if for any reason, Health Records are not delivered to you or are delivered late despite its best efforts.
3.10.12 The Health Records are shared with the phone numbers that are provided by your Practitioner. Healtheoz is not responsible for adding the Heath Records with incorrect numbers if those incorrect numbers are provided by the Practitioner.
3.10.13 Healtheoz is not responsible or liable for any content, fact, Health Records, medical deduction or the language used in your Health Records whatsoever. Your Practitioner is solely responsible and liable for your Health Records and any information provided to us including but not limited to the content in them.
3.10.14 Healtheoz has the ability in its sole discretion to retract Health Records without any prior notice if they are found to be shared incorrectly or inadvertently.
3.10.15 Healtheoz will follow the law of land in case of any constitutional court or jurisdiction mandates to share the Health Records for any reason.
3.10.16 You agree and acknowledge that Healtheoz may need to access the Health Record for cases such as any technical or operational issue of the End User in access or ownership of the Records.
3.10.17 You acknowledge that the Practitioners you are visiting may engage Healtheoz’s software or third party software for the purposes of the functioning of the Practitioner’s business and Healtheoz’s services including but not limited to the usage and for storage of Records (as defined in Section 3.10) in India and outside India, in accordance with the applicable laws.
3.10.18 To the extent that your Records have been shared with Healtheoz or stored on any of the Healtheoz products used by Practitioner’s you are visiting, and may in the past have visited, You hereby agree to the storage of your Records by Healtheoz pertaining to such previously visited clinics and hospitals who have tie ups with Healtheoz for the purposes of their business and for Healtheoz’s services including but not limited to the usage and for storage of Records (as defined in Section 3.10) in India and outside India, in accordance with the applicable laws and further agree, upon creation of your account with Healtheoz, to the mapping of such Records as may be available in Healtheoz’s database to your User account.
The terms in this Clause 4 are applicable only to Practitioners.
4.1 LISTING POLICY
4.1.1 Healtheoz, directly and indirectly, collects information regarding the Practitioners’ profiles, contact details, and practice. Healtheoz 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 Healtheoz immediately to enable Healtheoz to make the necessary amendments.
4.1.2 Healtheoz shall not be liable and responsible for the ranking of the Practitioners on external websites and search engines
4.1.4 Healtheoz reserves the right to moderate the suggestions made by the Practitioners through feedback and the right to remove any abusive or inappropriate or promotional content added on the Website. However, Healtheoz shall not be liable if any inactive, inaccurate, fraudulent, or non- existent profiles of Practitioners are added to the Website.
4.1.5 Practitioners explicitly agree that Healtheoz reserves the right to publish the Content provided by Practitioners to a third party including content platforms.
4.1.7 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 Healtheoz accepts no liability for the same.
4.2 PROFILE OWNERSHIP AND EDITING RIGHTS
Healtheoz ensures easy access to the Practitioners by providing a tool to update your profile information. Healtheoz reserves the right of ownership of all the Practitioner’s profile and photographs and to moderate the changes or updates requested by Practitioners. However, Healtheoz 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 Healtheoz’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, Healtheoz may modify or delete parts of your profile information at its sole discretion with or without notice to you.
4.3 REVIEWS AND FEEDBACK DISPLAY RIGHTS OF HEALTHEOZ
4.3.1 All Critical Content is content created by the Users of www.Healtheoz.com (“Website”) and the clients of Healtheoz customers and Practitioners, including the End-Users. As a platform, Healtheoz 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 Healtheoz and other legal rights and obligations relating to the Critical Content are further detailed in Clauses 3.9 and 5 of these Terms. Healtheoz’s Feedback Collection and Fraud Detection Policy, is annexed as the Schedule hereto, and remains subject always to these Terms.
4.3.2 Healtheoz reserves the right to collect feedback and Critical Content for all the Practitioners, Clinics and Healthcare Providers listed on the Website.
4.3.3 Healtheoz 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. Healtheoz 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. Healtheoz 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 Healtheoz 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 Healtheoz determines that you have provided inaccurate information or enabled fraudulent feedback, Healtheoz reserves the right to immediately suspend any of your accounts with Healtheoz and makes such declaration on the website alongside your name/your clinics name as determined by Healtheoz for the protection of its business and in the interests of Users.
4.4 RELEVANCE ALGORITHM
Healtheoz 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. Healtheoz 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 Healtheoz.
4.6 HEALTHEOZ REACH RIGHTS
Healtheoz 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, Healtheoz will not be liable for the accuracy of information or the claims made in the Sponsored ads. Healtheoz does not encourage the Users to visit the Sponsored ads page or to avail any services from them. Healtheoz 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 Healtheoz accepts no liability for the same.
4.7 HEALTHEOZ HEALTH FEED
4.7.1 Healtheoz health feed is an online content platform available on the website, wherein Practitioners who have a Healtheoz profile and Users who have a health account can login and post health and wellness related content.
4.7.2 A Practitioner can use health feed by logging in from their profile, creating original content comprising text, audio, video, images data or any combination of the same (“as defined in Clause 3.7.2”), and uploading said Content to Healtheoz’s servers. The Practitioner can upload their own images or choose an image from the gallery that Healtheoz provides. Healtheoz shall post such Content to Healtheoz health feed at its own option and subject to these Terms and Conditions. The Content uploaded via Healtheoz health feed does not constitute medical advice and may not be construed as such by any person.
4.7.3 The Practitioner acknowledges that they are the original authors and creators of any Content or comments uploaded by them via Healtheoz health feed and that no Content or comment uploaded by them would constitute infringement of the intellectual property rights of any other person. Healtheoz reserves the right to remove any Content or comment which it may determine at its own discretion as violating the intellectual property rights of any other person. The Practitioner agrees to absolve Healtheoz from and indemnify Healtheoz against all claims that may arise as a result of any third party intellectual property right claim that may arise from the Practitioner’s uploading of any Content on Healtheoz health feed. The Practitioner also agrees to absolve Healtheoz from and indemnify Healtheoz against all claims that may arise as a result of any third party intellectual property claim if the Practitioner downloads an image from Healtheoz’s gallery and utilizes it for his/her personal or commercial gain.
4.7.4 The Practitioner hereby assigns to Healtheoz, in perpetuity and worldwide, all intellectual property rights in any Content or comments created by the Practitioner and uploaded by the Practitioner via Healtheoz health feed.
4.7.5 Healtheoz shall have the right to edit or remove the Content and any comments in such manner as it may deem fit at any time.
4.7.6 The Practitioner may also use Healtheoz health feed in order to view original content created by Users or other Practitioners and also create and upload comments on such Content including their own content where allowed.
4.7.7 Practitioner acknowledges that the content on Healtheoz health feed reflects the views and opinions of the authors of such content and does not necessarily reflect Healtheoz’s views.
4.7.8 Practitioner agrees not to post any comments or upload any Content which is defamatory, obscene, and objectionable or in nature and Healtheoz reserves the right to remove any comments which it may determine at its own discretion to violate these Terms and Conditions or be violative of any law or statute in force at the time. The Practitioner agrees to absolve Healtheoz from and indemnify Healtheoz against all claims that may arise as a result of any legal claim arising from the nature of the Content or the comments posted by the Practitioner on Healtheoz health feed.
5.1 As mandated by Regulation 3(2) of the IG Rules, Healtheoz hereby informs Users that they are not permitted to host, display, upload, modify, publish, transmit, update or share any information that:
5.2 Users are also prohibited from:
5.3 Healtheoz, 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. Healtheoz 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.
5.5 Healtheoz 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 Healtheoz 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 Healtheoz as provided for under the SPI Rules, only if such transfer is necessary for the performance of the lawful contract between Healtheoz or any person on its behalf and the User or where the User has consented to data transfer.
Healtheoz respects the intellectual property rights of others and we do not hold any responsibility for any violations of any intellectual property rights
6.1 Healtheoz 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;
A third party reports violation of any of its right as a result of your use of the Services;
Healtheoz is unable to verify or authenticate any information provide to Healtheoz by a User;
Healtheoz has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User; or
Healtheoz believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for Healtheoz 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.
In no event, including but not limited to negligence, shall Healtheoz, 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:
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. 1000/- (Rupees One Thousand Only).
Healtheoz 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.
If any provision of the Agreement is held by a court of competent jurisdiction or arbitrarily 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 arbitrarily tribunal.
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 Healtheoz. Any consent by Healtheoz to, or a waiver by Healtheoz 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.