TERMS OF SERVICE
In terms of Information Technology statutes, this document is an electronic record. Being generated by a computer system it does not require any physical or digital signatures.
The website www.healpha.com (hereinafter referred to as ‘Website’), a Private Limited Company represented by Ajei Shekar J having its Head office at First Floor, 7A, Petbasheerbad, Kompally, NH7, Hyderabad, Telangana, IN- 500055 (hereinafter referred to as the “Company”)represented by its members, where such expression shall, unless repugnant to the context thereof, be deemed to include its respective legal heirs, representatives, administrators, permitted successors and assigns;
For the purpose of these Terms of Service, along with any amendments to the same, and wherever the context so requires:
“You” or “User” shall mean any natural or legal person who has agreed to become a user of the Website by logging into the Website.
“We”, “Us”, “Our” shall mean Company.
“Agreement” shall mean and refer to this Terms of Service, including any amendments that may be incorporated into it.
“Agreement Period” shall refer to the period for which the User engages the services of the Website.
“Services” shall mean the services provided for by the Company on the Website.
“Third Party” shall mean and refer to any individual(s), company or entity apart from the User and the Company.
The headings of each section in this Agreement are only for the purpose of organising the various provisions under this Agreement in an orderly manner. These headings shall not be used by either party to interpret the provisions contained under them in any manner. Further, the headings have no legal or contractual value.
If You do not agree with any of these terms, please discontinue using the Website.
We hold the sole right to modify the Agreement without prior permission from You or providing notice to You. The relationship creates on You a duty to periodically check the Agreement and stay updated on its requirements. Your continued use of the Website is conditioned upon Your compliance with the Agreement, including but not limited to compliance with the Agreement even after alterations, if any.
Healpha is an integrated solution that connects all the key stakeholders in the healthcare landscape namely Hospitals/Clinics/ Doctors, Patient, Pharmacies, Pathology labs, etc. This is an integrated solution to provide seamless digital experience to the patients. Healpha also helps the patients to manage their medical data and leverage the platform to monitor their vital medical parameters and engage with the doctors & service providers to manage their wellbeing in a holistic manner.
HOW SITE OPERATES
The Website stores all the personal and medical information of the customer. The medical data includes the health checkup data collected by the company.
The Users shall be from any category and geographical locations. Registration on the Website is mandatory. You may access the services by signing in as User by providing the following information which shall include but not be limited to Name, Address with Postal Code, Mobile Number, Email id, phone number, Age etc.
Registration for this Website is available only to those above the age of 18 years, barring those “Incompetent to Contract” which inter alia include insolvents. If You are a minor and wish to use the Website, You may do so through Your legal guardian/or legal guardians approval and the company reserves the right to terminate Your account on knowledge of You being a minor and having registered on the Website without the consent.
Further, at any time during Your use of this Website, including but not limited to the time of registration, You are solely responsible for protecting the confidentiality of Your username and password, and any activity under the account shall be deemed to have been done by You. In the case that You provide Us with false and/or inaccurate details or We have reason to believe You have done so, We hold the right to permanently suspend Your account. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your account, whether or not you have authorized such activities or actions. You will immediately notify us of any unauthorized use of your account.
Healpha is an online healthcare services platform that is engaged in the business of providing Health Check-ups and storing the medical information including but not limited to personalised doctor consultation for healthier life style to women, kids, adults, disease management etc via online and offline communication. It takes care of an individual’s complete healthcare needs. It connects doctors, patients, labs and pharmacies. It also provide health check-up and update the same in the website in your account.
The company provides check-ups offline and stores the same online further on request of the customers they are connected with the reputed doctor(s). The Users are advised by the doctors based on the information collected regarding the Users’ health state during the check-up.
The services provided, and the procedures include, but is not limited to the following;
Providing Health Check-ups and storing the medical data of patients online.
Provide information of the doctors and also provide platform for connecting with the doctors.
The Doctors are the sole and exclusive owner of all the services they wish to sell;
The Doctors shall be governed by applicable laws at all times.
The Doctors must ensure they offer quality and standard products and Services and must make best efforts to provide consultation or treat Customers in the most competent manner to the best of his/her ability. Doctors shall ensure to provide their services efficiently by, inter alia, honouring the terms of appointment with Customers, providing appropriate and quality treatment with utmost care and ensuring appropriate conduct vis-à-vis the Customers
Doctors shall be entitled to cancel an appointment only in the event the Doctors believe that it is beyond their expertise or capacity to offer efficient services. In such cases, the Customers have the option of choosing other Doctors.
The Company is not liable for any treatment by the doctor to the customer.
These Terms shall continue to form a valid and binding contract between the Parties, and shall continue to be in full force and effect until the User continues to access and use the services and applications.
A User may terminate their use of the services and applications at any time. The Company may terminate these Terms and close a User’s account at any time without notice and/or suspend or terminate a User’s access to the Website at any time and for any reason, in its sole discretion. Such suspension or termination shall not limit our right to take any other action against you that we consider appropriate.
It is also hereby declared that the Company may discontinue the services and applications without any prior notice.
Access to the website is free for Users and this includes accessing the Website and viewing the portfolio of services provided. However, a subscription is needed to avail of the Services on a weekly, monthly, quarterly, half yearly or a yearly plan, which is chargeable. We reserve the right to amend the charges for the services rendered. In case that happens, Users will be intimated of the same, and it will be up to you to decide whether or not you will continue with services offered by us. Such changes are effective as soon as you are notified or they are posted on the Website. Whichever is earlier. There maybe onetime service charges for premium offerings and services that are not based on the application. These service charges could be one time charges or repeat charges based on the nature of service provided.
MODE OF PAYMENT
The following payment options are available on the Website:
Payed by your organization on your behalf like School, Corporate, Ngo, etc,,,
Domestic and international credit cards issued by banks and financial institutions that are part of the Visa, Master Card, Mastero & Amex Card networks;
Visa, Master Card, Rupay, Mastero Debit cards;
Net banking/Direct Debit payments from select banks.
As prescribed by the financial institutions issuing the credit or debit cards affiliated with Visa / Master Card / Mastero /Amex, the User will be required to submit his/her 16-digit card number, card expiry date and 3-digit CVV number (usually on the reverse of the card) while making an online transaction. The User must also have enrolled his/her card with VBV (Verified by Visa), MSC (MasterCard Secure Code) or any other applicable provider in order to complete the transaction. The User is hereby expressly made aware that his/her card statements will reflect that a payment has been made in favour of the Company.
The User is further aware that in case of third party statements, including bank and credit card statements, the merchant name may appear in an abbreviated format, and the Company has no control over the same. To successfully subscribe on the Website, the User is required to complete the transaction by making the payment for the services opted for.
Transactions on the Website are secure and protected. Any information entered by the User when transacting on the Website is encrypted to protect the User against unintentional disclosure to third parties. The User’s credit and debit card information is not received, stored by or retained by the Company / Website in any manner.
The User undertakes to fulfil the following obligations. Failure to satisfy any of these obligations gives Us the right to permanently suspend Your account and/or claim damages for any losses that accrue to Us or additional costs that may be imposed on us.
You hereby certify that You are at least 18years of age or under the supervision for minors
You agree to ensure the email address provided in Your account registration is valid at all times and shall keep Your contact information accurate and up-to-date.
You agree to comply with all local laws and regulations governing the downloading, installation and/or use of the Website, including, without limitation to, any usage rules set forth in this Agreement.
You undertake to:
Agree to provide genuine credentials during the process of registration on the Website. You shall not use a fictitious identity to register. We are not liable if the User has provided incorrect information.
Agree to ensure the email address, address and mobile number provided during account registration are valid at all times and shall keep your information accurate and up-to-date. The User can update their details anytime.
Agree that they are solely responsible for maintaining the confidentiality of your account password. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason.
Understand and acknowledge that the data submitted is manually entered into the database of the Website. The User also acknowledges the fact that data so entered into the database is for the purpose of easy and ready reference for the User, and to streamline the services through the Website.
Authorize the Website to use, store or otherwise process certain personal information and all published Content, Customer Purchases, Offer redemption’s, Customer locations, User comments, reviews and ratings for personalization of offers, marketing and promotional purposes and for optimisation of User-related options and services.
Are bound not to cut, copy, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or obtained from the Website. Any such use/limited use of the Website will only be allowed with the prior express written permission of the Company.
Agree not to access (or attempt to access) the Website and/or the materials or services by any means other than through the interface provided by the Website. The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or its content, or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any content, or to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website will lead to suspension or termination of the User’s access to the Website. The User acknowledges and agrees that by accessing or using the Website or any of the Services provided therein, it may be exposed to content that it may consider offensive, indecent or otherwise objectionable. The Company disclaims any and all liabilities arising in relation to such offensive content on the Website.
All information, content, services and software displayed on, transmitted through, or used in connection with the Website, including for example news articles, reviews, directories, guides, text, photographs, images, illustrations, audio clips, video, html, source and object code, trademarks, logos, and the like (collectively and hereinafter referred to as the “Content“), as well as its selection and arrangement, is owned by Us. You may use the Content only through the Website, and solely for Your personal, non-commercial use.
You may not, republish any portion of the Content on any Internet, Intranet or extranet site or incorporate the Content in any database, compilation, archive or cache. You may not distribute any Content to others, whether or not for payment or other consideration, and You may not modify, copy, frame, cache, reproduce, sell, publish, transmit, display or otherwise use any portion of the Content. You may not scrape or otherwise copy our Content without permission. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Website, not to insert any code or product or manipulate the content of the Website in any way that affects the user’s experience, and not to use any data mining, data gathering or extraction method.
We respect the intellectual property of others. If You believe Your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material on the Website, please contact Us at email@example.com. Information and Content provided by the User by providing information to, communicating with, and/or placing material on, the Website, including for example but not limited to, communication during any registration, you represent and warrant:
You own or otherwise have all necessary rights to the content You provide and the rights to use it as provided in this Agreement;
all information You provide is true, accurate, current and complete, and does not violate these Agreement; and
the information and Content shall not cause injury to any person or entity. Using a name other than Your own legal name is prohibited.
You authorize us to share the information across all our affiliated Websites, to include the information in a searchable format accessible by users of the Website, and to use Your name and any other information in connection with its use of the material You provide. You also grant the right to use any material, information, contained in any communication You send to us for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information. All rights in this paragraph are granted without the need for additional compensation of any sort to You.
We may modify, replace, refuse access to, suspend or discontinue the Services, partially or entirely, or add, change and modify prices for all or part of the Services for You or for all Users at any time and in Our sole discretion. These changes shall become effective upon providing a notice of the same to You via email/ the home screen of the Website. We further reserve the right to withhold, remove and or discard any content available as part of Your account, with or without notice, if deemed by Us to be contrary to this Agreement.
The Website has no obligation to provide You with a copy of the information You or any other User provides on the Website or that the Website has accessed.
Further, We reserve the right, in Our sole discretion, to modify or replace any part of this Agreement at any time, effective upon the date of giving Users notice of the same. Notice shall be provided of such change via email to the Users and/ or by posting a notice on the home screen of the Website.
You and We both understand that there may be instances of difficulty in accessing or receiving email communication. We are not responsible if any email notice gets caught by Your SPAM folder, or if You do not see the email, or if You have given us an incorrect email id or if for any other reason You do not receive the email notice. Therefore, we encourage You to frequently open the Website to monitor any changes. Your continued use of or access to the Services following the posting of any changes to this Agreement constitutes acceptance of those changes. We may also, in the future, offer new Services and/ or features through the Website. Such new features and/ or services shall be subject to the terms and conditions of this Agreement.
You agree to indemnify, hold harmless, and defend Us from and against any and all liability, loss, claim, damages, expense, or costs (including but not limited to attorneys’ fees), incurred by or made Us in connection with any claim arising from or related to :
Your use or any Third Party’s use via Your account of the Service provided by the Website and its Content;
Any breach or violation of this Agreement, including any amendment, or of any statute or regulation by You, or any Third Party through Your account.
You agree to fully cooperate in indemnifying Us at Your expense. You also agree not to reach a settlement with any party without Our consent.
DISCLAIMER OF WARRANTIES AND LIABILITIES
a) Except as otherwise expressly stated on the Website, all services offered on the Website are offered on an “as is” basis without any warranty whatsoever, either express or implied.
b) The User agrees and undertakes that he is accessing the Website and transacting at his/her sole risk and that he is using his/her best and prudent judgment before availing any service listed on the Website, or accessing/using any information displayed thereon.
c) The User agrees that any kind of information, resources, activities, recommendations obtained/availed from website, written or oral, will not create any warranty and the Website disclaims all liabilities resulting from these. You are solely responsible for your communication/interaction with other Users on the Website and the Website doesn’t make any warranty about the conduct of Users on the Website.
d) The Website does not guarantee that the functions and services contained in the Website will be uninterrupted or error-free, or that the Website or its server will be free of viruses or other harmful components, and the User hereby expressly accepts any and all associated risks involved with the User’s use of the Website.
e) The Website will not be responsible for any internet delays and damages caused by such problems. We also disclaim all liabilities and take no responsibility for the content that may be posted on such third party websites by the users of such websites in their personal capacity for sharing and/or listing purposes as well as any content and/or comments that may be posted by such user in their personal capacity on any official webpage of www.Healpha.com on any social networking platform.
f) It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
Any and all communication relating to any dispute or grievance experienced by the User may be communicated to the Company by the User reducing the same to writing and sending the same to the registered office of the Company by Registered Post, or the email address firstname.lastname@example.org.
DISPUTES ARISING OUT OF THIS AGREEMENT
All disputes involving but not limited to rights conferred, compensation, refunds, and other claims will be resolved through a two-step Alternate Dispute Resolution mechanism.
Stage 1: Mediation. In case of a dispute, the matter will first be attempted to be resolved by a sole mediator who is a neutral third party and will be selected at the mutual acceptance of a proposed mediator by both parties. Both parties may raise a name for the sole mediator and in the case both parties accept the proposed name, the said person shall be appointed as sole mediator. In case the parties are not able to reach a consensus within two proposed mediators, the Company reserves the right to decide the final mediator. The decision of the mediator is binding on both parties.
Stage 2: Arbitration. In case that mediation does not yield a suitable result or preferred by any one of the parties, arbitration may follow, the award of which is binding on both parties. The Arbitration Board shall comprise three members – one appointed by each party and the third member to be nominated by the two appointed members by mutual consent. Arbitration shall be held at Hyderabad,India. The proceedings of arbitration shall be in the English language. The arbitrator’s award shall be final and binding on the Parties.
The formation, interpretation and performance of this Agreement and any disputes arising out of it shall be governed by the law, rules and regulations of India. The exclusive jurisdiction and venue for actions and disputes may be as mentioned above, and You hereby submit to the jurisdiction of such courts.
Entire Agreement: This Agreement is the complete and exclusive statement of the agreements between You and Us with respect to the subject matter hereof and supersedes all other communications or representations or agreements (whether oral, written or otherwise) relating thereto.
Waiver: The failure of either party at any time to require performance of any provision of this Agreement in no manner shall affect such party’s right at a later time to enforce the same. No waiver by either party of any breach of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or construed as, a further or continuing waiver of any other such breach, or a waiver of any other breach of this Agreement.
Severability: If any provision of this Agreement shall to any extent be held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement shall in no way be affected or impaired thereby and each such provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. In such case, this Agreement shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the rights and commercial expectations of the parties hereto, as expressed herein.
Liability: The Company shall not be liable in any way for User Content, including, but not limited to, any errors or omissions contained therein, or any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, transmitted or otherwise made available via the Service or broadcast elsewhere.
If you have any questions about this Agreement, the practices of the Website, or your experience with the Service, you can e-mail us at email@example.com.