TERMS OF USE
1.
GENERAL
a)
This
document is an electronic record in terms of Information Technology Act, 2000
and rules there under as applicable and the amended provisions pertaining to electronic
records in various statutes as amended by the Information Technology Act, 2000.
This electronic record is generated by a computer system and does not require
any physical or digital signature.
b)
This
document is published in accordance with the provisions of Rule 3 (1) of the
Information Technology (Intermediaries guidelines) Rules, 2011 that require
publishing the rules and regulations, privacy policy and terms of use for
access or usage of the domain name www.nizcare.com (“Website”) and the corresponding application Nizcare (“Application”).
c)
The Website and the Application are
owned and operated by NIZCARE
PRIVATE LIMITED (“Company”),
a private company limited by shares,
incorporated under the provisions of the Companies Act, 2013, and having a
branch office located at Regus KRM Plaza, South Towers, 8th Floor,
No.2, Harrington Road, Chetpet, Chennai – 600 031, where such expression shall,
unless repugnant to the context thereof, be deemed to include its respective
representatives, administrators, employees, directors, officers, agents and
their successors and assigns.
d)
By
accessing the Application, whether through a mobile device, mobile application
or computer, the User agrees to be bound by these Terms of Use (“Terms”),
whether or not the User creates an account to avail of the Service (defined
below). If the User wishes to avail of the Service, the User does hereby
unequivocally accept and agree to the contents of these Terms.
e)
The
features / services of this Application, Website, and Service are only meant to
be available and used within the sovereign territory of India. Users (defined
below)located outside India are not permitted to use / view / access the same.
f)
These
Terms have been made and published in accordance and compliance with, and
governed by the provisions of Indian law, including without limitation, the
provisions of (i) The Indian Contract Act, 1872; (ii) The Information
Technology Act, 2000; (iii) The Information Technology (Reasonable Security
Practices and Procedures and Sensitive Personal Information) Rules, 2011; and
(iv) The Information Technology (Intermediaries Guidelines) Rules, 2011.
g)
For the purpose of these Terms,
wherever the context so requires:
i)
The term “the
User”&“User” shall mean any legal person or entity accessing or
using the Services (defined below) provided on the Application, who is
competent to enter into binding contracts, as per the provisions of the Indian
Contract Act, 1872. For the purposes of these Terms, the collective gender
neutral pronouns ‘it’, ‘its’ and ‘itself’ shall be used to reference the User;
ii)
The terms “Party”&“Parties” shall respectively be used to refer to the User and the Company
individually and collectively, as the context so requires.
iii)
The term “Hospital” shall mean any hospital frequented by the User for its medical needs, specifically
any hospital that the User visits pursuant to booking an appointment on the
Application, or any hospital in which a Physician (defined below) practices. The
term ‘Hospital’ shall also include the private clinic of a Physician, or a
private clinic in which a Physician consults / practices.
iv)
The term “Physician” shall mean and include each and every medical practitioner, including without
limitation doctors, physicians, surgeons, dentists, imaging technicians,
phlebotomists, nurse practitioners, and lab technicians who are registered on
the Application, whether or not they directly provide Service(s) to the User.
h)
The headings of each section in these Terms are only for the purpose of
organizing the various provisions under these Terms in an orderly manner, and
shall not be used by either Party to interpret the provisions contained herein
in any manner. Further, it is specifically agreed to by the Parties that the
headings shall have no legal or contractual value.
i)
The
Application has been designed by the Company to assist the User by providing it
with a multitude of options and services to taking care of its medical needs,
including without limitation (i) facilitating the answering of the User’s
medical queries by Physicians;(ii) enabling the User to book a virtual
appointment to avail of private text, audio, and/or video consultation services
from Physicians, including online medical prescriptions (“e-Appointment”);(iii) enabling the User to have its queries posted
and answered on a public forum and answered by a panel of Physicians (“Forum”); (iv) enabling the User to
access and view blog posts, videos, links, and other material posted by
Physicians; (v) enabling the User to book an offline / real life face-to-face appointment
with Physicians, in a Hospital Setting (“Appointment”);
(vi) enabling the User to book an appointment for home visit / consultation
from Physicians (“Home Consult”);
(vii) enabling the User to book an appointment for home collection of blood /
urine / hair / stool samples for pathological tests and various other
diagnostic and testing services, and / or to measure the User’s vitals
(including but not limited to blood pressure, temperature, weight, blood sugar,
pulse, activity, oxygen saturation, hearing, and eyesight), readings, symptoms,
and various other test results, including without limitation echocardiograms,
ultrasounds, CT scans, and PET scans (collectively, ‘Vitals’); (viii) enabling the User to have a Physician interpret
the Vitals; (ix) providing alternative strictly non medical services, with no
proven or claimed medicinal / therapeutic effect whatsoever, including without
limitation yoga, mediation, massages, and ayurveda (“Wellness”); and (x) enabling the User to search for Physicians by
name, specialty, and geographical area, or any other criteria that may be
developed and made available by the Company, and thereafter view their profile
and any information/videos/blog posts made by each such Physician, and book
Appointments, e-Appointments, and/or Home Consult visits with such Physicians
(collectively, the “Service”).
j)
The use of the Application by the User
is solely governed by these Terms read with the Privacy Policy (“Policy”, available athttps://www.nizcare.com/privacy-policy),
and any modifications or amendments made thereto by the Company from time to
time, at its sole discretion. Accessing the Application and/or using any of the
information or Services provided therein shall be deemed to signify the User’s
unequivocal acceptance of these Terms and the aforementioned Policy, and the
User expressly agrees to be bound by the same. The User expressly agrees and
acknowledges that the Terms and Policy are co-terminus, and that expiry /
termination of either one will lead to the termination of the other. The User may not access the
Application or avail of any of the Services provided by the Company if the User
does not expressly and unequivocally accept and agree to be bound by the Terms
and Policy, or is otherwise deemed not competent
to enter into binding contracts, as per the provisions of the Indian Contract
Act, 1872.
k)
The User unequivocally agrees that these
Terms and the aforementioned Policy constitute a legally binding agreement
between the User and the Company, and that the User shall be subject to the
rules, guidelines, policies, terms, and conditions applicable to any Service
that is provided by the Company through the Application, and that the same
shall be deemed to be incorporated into the Terms, and shall be treated as part
and parcel of the same. The User acknowledges and agrees that no signature or
express act is required to make the Terms and the Policy binding on the User,
and that the User’s act of using any part of the Application or Service
constitutes the User’s full and final acceptance of these Terms and the
aforementioned Policy.
l)
The
Parties expressly agree that the Company retains the sole and exclusive right
to amend or modify the Terms and the aforementioned Policy without any prior
permission or intimation to the User, and the User expressly agrees that any
such amendments or modifications shall come into effect immediately. The User
has a duty to periodically check the Policy and Terms, and stay updated on
their provisions and requirements. If the User continues to use the Application
following such a change, the User will be deemed to have consented to any and
all amendments / modifications made to the Policy and Terms. In so far as the
User complies with the Policy and Terms, he/she is granted a personal,
non-exclusive, non-transferable, revocable, limited privilege to enter, access
and use the Application, and avail of the Services provided therein.
2.