VISIT Terms and Conditions
VISIT Internet Services Private Limited (“VISIT”) is the author and publisher of the internet resource www.getvisitapp.com, the mobile application ‘VISIT’ and the VISIT Healthcare Chatbot Plugin (includes www.getvisitapp.com and any other partner domains)(hereafter jointly referred to as “Website”). VISIT owns and operates the services provided through the Website, mobile applications and the Chat Bot Plugin.
1.NATURE AND APPLICABILITY OF TERMS.
The Agreement applies to you whether you are -.
I. A medical practitioner or healthcare/wellness provider (whether an individual professional or an organization) or similar institution wishing to be listed, or already listed, on the Website, including designated, authorised associates of such practitioners or institutions (“Practitioner(s)”, “you” or “User”); or.
Ii. A patient, his/her representatives or affiliates, searching for Practitioners through the Website (“End-User”,“you” or “User”); or.
Iii. Otherwise a user of the Website (“you” or “User”).
This Agreement applies to those services made available by VISIT on the Website, which are offered free of charge to the Users (“Services”), including the following: .
i. For Practitioners: Outreach of Practitioners and their profiles along with options made available to the other Users and visitors of the Website for teleconsultation;
ii. For other Users: Facility to (i) create and maintain ‘Health Accounts’, (ii) search for Practitioners by specialty, services offered or any other criteria that may be developed and made available by VISIT, (iii) To make appointments with Practitioners, (iv) To interact with healthcare chatbot, and (v) To avail other services offered by Visit and its partners.
The Services may change from time to time, at the sole discretion of VISIT, and the Agreement will apply to your visit to and your use of the Website to avail the Service, as well as to all information provided by you on the Website at any given point in time. .
This Agreement defines the terms and conditions under which you are allowed to use the Website and describes the manner in which we shall treat your account while you are registered as a member with us. If you have any questions about any part of the Agreement, feel free to contact us at firstname.lastname@example.org. By downloading or accessing the Website to use the Services, you irrevocably accept all the conditions stipulated in this Agreement and agree to abide by them. This Agreement supersedes all previous oral and written terms and conditions (if any) communicated to you. By availing any Service, you signify your agreement to this Agreement. .
We reserve the right to modify or terminate any portion of the Agreement for any reason and at any time, and such modifications shall be informed to you in writing. You should read the Agreement at regular intervals. Your use of the Website following any such modification constitutes your agreement to follow and be bound by the Agreement so modified. Any additional terms and conditions, disclaimers, privacy policies and other policies applicable in general and/ or to specific areas of this Website or to particular Service are also considered as part of the Agreement. You acknowledge that you will be bound by this Agreement for availing any of the Services offered by us. If you do not agree with any part of the Agreement, please do not use the Website or avail any Services. .
Your access to use of the Website and the Services will be solely at the discretion of VISIT. .
The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but not limited to: .
I. the Indian Contract Act, 1872, .
Ii. the (Indian) Information Technology Act, 2000, and.
iii.the rules, regulations, guidelines and clarifications framed there under, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”).
2.CONDITIONS OF USE.
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 VISIT 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 paragraph 3 are applicable only to Users other than Practitioners.
3.1 END-USER ACCOUNT AND DATA PRIVACY.
3.1.2 VISIT 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 VISIT’s services and to build new services. .
3.1.2 The Website allows VISIT 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. .
i.The type of information collected from Users, including sensitive personal data or information; .
ii.The purpose, means and modes of usage of such information; .
iii.How and to whom VISIT will disclose such information; and, .
iv.Other information mandated by the SPI Rules. .
i.the fact that certain information is being collected; .
ii.the purpose for which the information is being collected; .
iii.the intended recipients of the information; .
iv.the nature of collection and retention of the information; and.
v.the various rights available to such Users in respect of such information. .
3.1.5 VISIT 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 VISIT or to any other person acting on behalf of VISIT. .
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 VISIT of any actual or suspected unauthorized use of the User’s account or password. Although VISIT will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of VISIT or others due to such unauthorized use. .
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 VISIT has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, VISIT has the right to discontinue the Services to the User at its sole discretion. .
3.1.9 VISIT may use such information collected from the Users from time to time for the purposes of debugging customer support related issues. .
3.2 LISTING CONTENT AND DISSEMINATING INFORMATION.
3.2.1 VISIT 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 specialisation, qualification, fees, location, visiting hours, and similar details. VISIT takes reasonable efforts to ensure that such information is updated at frequent intervals. Although VISIT 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 VISIT 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 merchantability, 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). VISIT does not provide or make any representation, warranty or guarantee, express or implied about the Website or the Services. VISIT 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, VISIT disclaims all liability arising out of the User’s use or reliance upon the Website, the Services, representations and warranties made by other Users or any content or information provided by the Users on the Website. .
3.3.3 The Website may be linked to the website of third parties, affiliates and business partners. VISIT 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 VISIT endorses the linked site. User may use the links and these services at User’s own risk. .
3.3.4 VISIT 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 VISIT determines that you have provided fraudulent, inaccurate, or incomplete information, including through feedback, VISIT reserves the right to immediately suspend your access to the Website or any of your accounts with VISIT and makes such declaration on the website alongside your name/your clinic’s name as determined by VISIT for the protection of its business and in the interests of Users. You shall be liable to indemnify VISIT for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected VISIT or its Users. .
3.4 APPOINTMENT BOOKING AND INTERACTION WITH PRACTITIONERS.
3.4.1. While VISIT will try to ensure a confirmed appointment for a End-User who requested an appointment on Website, VISIT does not guarantee that a patient will get a confirmed appointment. Further, VISIT has no liability if such appointment is confirmed but later cancelled by Practices or Practitioners, or the Practitioners are not available as per the given appointment time. .
3.4.2. You understand and agree that any interactions and associated issues with other Users including but not limited to your health issues and your experiences is strictly between you and the other Users. You shall not hold VISIT responsible for any such interactions and associated issues. For avoidance of doubt, VISIT is not involved in providing any healthcare or medical advice or diagnosis and hence is not responsible for any outcome between you and the Practitioner you interact with, pursuant to any interactions on the Website. Your decision to engage with a Practitioner for receiving medical services from him/her is at your own risk. The results of any search you perform on the Website for Practitioners should not be construed as an endorsement by VISIT of any such particular Practitioner. VISIT shall not be responsible for any breach of service or service deficiency by any Practitioner. We cannot assure nor guarantee the ability or intent of the Practitioner(s) to fulfill their obligations towards you, although we will take complete measures to ensure your satisfaction with the Practitioner. We also advise you to perform your own investigation prior to selecting a Practitioner. .
3.4.4 Without prejudice to the generality of the above, VISIT will not be liable for: i). any wrong medication or treatment quality being given by the Practitioner(s), or any medical negligence on part of the Practitioner(s); .
ii). any type of inconvenience suffered by the User due to a failure on the part of the Practitioner to provide agreed services or to make himself/herself available at the appointed time, inappropriate treatment, or similar difficulties; .
iii). cancellation or rescheduling of booked appointment; .
iv). any medical eventualities that might occur subsequent to using the services of a Practitioner, whom the User has selected on the basis of the information available on the Website or with whom the User has booked an appointment through the Website. .
3.4.5 Further, VISIT shall not be liable, under any event, for any comments or feedback given by any of the Users in relation to the services provided by another User. The option of Users to give feedback remains at VISIT’s sole discretion and may be modified or withdrawn at its sole discretion. VISIT may moderate such feedback at any time. VISIT shall not be obliged to act in any manner to give effect to the content of Users’ feedback, such as suggestions for delisting of a particular Practitioner from the Website. .
3.5 NO DOCTOR PATIENT RELATIONSHIP FOR EMERGENCY USE.
3.5.1Please 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 VISIT 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. .
3.5.2It is hereby expressly clarified that, the Information that you obtain or receive from VISIT, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Website, including chatbot, 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, like suicidal tendencies and severe mental ailments. 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. .
3.6CONTENT OWNERSHIP AND COPYRIGHT CONDITIONS OF ACCESS.
3.6.1 The contents listed on the Website are (i) User generated content, or (ii) belong to VISIT. The information that is collected by VISIT directly or indirectly from the End- Users and the Practitioners shall belong to VISIT. Copying of the copyrighted content published by VISIT on the Website for any commercial purpose or for the purpose of earning profit will be a violation of copyright and VISIT reserves its rights under applicable law accordingly. .
3.6.2 VISIT 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, "VISIT Content"), are the property of VISIT and are protected under copyright, trademark and other laws. User shall not modify the VISIT Content or reproduce, display, publicly perform, distribute, or otherwise use the VISIT Content in any way for any public or commercial purpose or for personal gain. .
3.6.3 User shall not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
3.6REVIEWS AND FEEDBACK.
You are solely responsible for the content that you choose to submit for publication on the Website, including any feedback, ratings, or reviews (“Critical Content”) relating to Practitioners or other healthcare professionals. The role of VISIT in publishing Critical Content is restricted to that of an ‘intermediary’ under the Information Technology Act, 2000. VISIT disclaims all responsibility with respect to the content of Critical Content, and its role with respect to such content is restricted to its obligations as an ‘intermediary’ under the said Act. VISIT shall not be liable to pay any consideration to any User for re-publishing any content across any of its platforms. .
Your publication of reviews and feedback on the Website is governed by Paragraph 6 of these Terms. Without prejudice to the detailed terms stated in Paragraph 6, you hereby agree not to post or publish any content on the Website that (a) infringes any third-party intellectual property or publicity or privacy rights, or (b) violates any applicable law or regulation, including but not limited to the IG Rules and SPI Rules. VISIT, at its sole discretion, may choose not to publish your reviews and feedback, if so required by applicable law, and in accordance with Paragraph 6 of these Terms. You agree that VISIT may contact you through telephone, email, SMS, or any other electronic means of communication for the purpose of:
i.Obtaining feedback in relation to Website or VISIT’s services; and/or.
ii.Obtaining feedback in relation to any Practitioners listed on the Website; and/or.
iii.Resolving any complaints, information, or queries by Practitioners regarding your Critical Content; .
and you agree to provide your fullest co-operation further to such communication by VISIT. .
VISIT’s Feedback Collection and Fraud Detection Policy, is annexed as the Schedule hereto, and remains subject always to these Terms.
5.VISIT REACH RIGHTS.
VISIT reserves the rights to display sponsored ads on the Website. Without prejudice to the status of other content, VISIT will not be liable for the accuracy of information or the claims made in the Sponsored Listings. VISIT does not encourage the Users to visit the Sponsored Listings page or to avail any services from them. VISIT will not be liable for the services of the providers of the Sponsored Listings. .
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 VISIT accepts no liability for the same. .
6.RIGHTS AND OBLIGATIONS RELATING TO CONTENT.
6.1 As mandated by Regulation 3(2) of the IG Rules, VISIT hereby informs Users that they are not permitted to host, display, upload, modify, publish, transmit, update or share any information that: .
i.belongs to another person and to which the User does not have any right to; ii.is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; .
iii.harm minors in any way; .
iv.infringes any patent, trademark, copyright or other proprietary rights; .
v.violates any law for the time being in force; .
vi.deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; vii.impersonate another person; .
viii.contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
ix.threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.
6.2 Users are also prohibited from:
i.violating or attempting to violate the integrity or security of the Website or any VISIT Content; .
ii.transmitting any information (including job posts, messages and hyperlinks) on or through the Website that is disruptive or competitive to the provision of Services by VISIT; .
iii.intentionally submitting on the Website any incomplete, false or inaccurate information; .
iv.making any unsolicited communications to other Users; .
v.using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website; .
vi.attempting to decipher, decompile, disassemble or reverse engineer any part of the Website; .
vii.copying or duplicating in any manner any of the VISIT Content or other information available from the Website; .
viii.framing or hot-linking or deep linking any VISIT Content, unless otherwise expressly granted permission.
6.3 VISIT, 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) generated by Users, or on being notified by the appropriate Government or its agency that the Website is being used by the User to commit any unlawful act and/or is being used in violation of Paragraphs 6.1 and 6.2 above, shall be entitled to remove or disable access to the material or information that is in contravention of this Paragraph 6. VISIT is entitled to act, as required by the IG Rules, within thirty six hours of obtaining such knowledge and, where applicable, work with Users to disable such information that is in contravention of applicable law. .
6.5 VISIT 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. VISIT will comply with any duly-issued government or court directions to disable access to the User-generated information, should it be found to be illegal by a competent governmental authority.
7.1 VISIT reserves the right to suspend or terminate a User’s access to the Website, Mobile Application and the Services with or without notice and to exercise any other remedy available under law, in cases where, .
i.Such User breaches any terms and conditions of the Agreement; .
ii.A third party reports violation of any of its right as a result of your use of the Services.
iii.VISIT is unable to verify or authenticate any information provided to VISIT by a User;
iv.VISIT has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User; or.
v.VISIT believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for VISIT or are contrary to the interests of the Website.
7.2 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. .
8.LIMITATION OF LIABILITY.
In no event, including but not limited to negligence, shall VISIT, 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: .
i.provision of or failure to provide all or any service by Practitioners to End- Users contacted or managed through the Website; .
ii.any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Website; .
iii.any unauthorized access to or alteration of your transmissions or data; or iv.any other matter relating to the Website or the Service. .
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). .
User agrees to indemnify and hold harmless VISIT, its affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from User’s access to or use of Service, violation of this Agreement, or infringement, or infringement by any other User of his/her/its account, of any intellectual property or other right of any person or entity. VISIT will notify you promptly of any such claim, loss, liability, or demand, and in addition to your foregoing obligations, you agree to provide us with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost. .
10.APPLICABLE LAW AND DISPUTE SETTLEMENT.
10.1 You agree that this Agreement and any contractual obligation between VISIT and User will be governed by the laws of India. .
10.2 Any dispute, claim or controversy arising out of or relating to this Agreement, including the determination of the scope or applicability of this Agreement to arbitrate, or your use of the Website or the Services or information to which it gives access, shall be determined by arbitration in India, before a sole arbitrator appointed by VISIT. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be New Delhi. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the parties to the dispute. .
10.3 Subject to the above Paragraph 10.2, the courts at Delhi shall have exclusive jurisdiction over any disputes arising out of or in relation to this Agreement, your use of the Website or the Services or the information to which it gives access. .
11.CONTACT INFORMATION .
11.1If a User has any questions concerning VISIT, the Website, this Agreement, the Services, or anything related to any of the foregoing, VISIT customer support can be reached at the following email address email@example.com . .
11.2In accordance with the Information Technology Act, 2000, and the rules made there under, if you have any grievance with respect to the Website or the service, including any discrepancies and grievances with respect to processing of information, you can contact: .
Name: Anurag Prasad.
Designation: Head – Customer Experience.
Address: 237, Okhla Industrial Area Phase 3, Okhla Industrial Estate, New Delhi - 110020.
Telephone: +91-9001250705 (Ask to be connected to the Grievance Officer) .
In the event you suffer as a result of access or usage of our Website by any person in violation of Rule 3 of the IG Rules, please address your grievance to the above person. .
12.SEVERABILITY If any provision of the Agreement is held by a court of competent jurisdiction or arbitral 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 arbitral tribunal. .