PREAMBLE OF TERMS
Xceptional Health & Wellness Pvt. Ltd. (hereinafter commonly known and referred to as
TrustMedi/TrustMedi.com) is the owner and publisher of the internet resource www.trustmedi.com and
the mobile application 'TrustMedi' (together, "Website"). TrustMedi owns and operates the services and
applications including but not limited to those of the brand names (if any) provided through the website.
Please read the following terms and conditions very carefully as per your use of the website www.trustmedi.com (also referred to as trustmedi.com). Your use of the website is subject to your acceptance of and compliance with the following terms and conditions.
Trustmedi.com encourages and admires you to ask as many as possible questions to clear your all doubts or queries relating to the products or services enlisted at our web page.
ARTICLES – I - DEFINITIONS:Unless the context otherwise requires -
OWNER / PUBLISHER shall mean www. trustmedi .com [website] and / or Trustmedi [mobile
application] affiliated to Xceptional Health & Wellness Private Limited incorporated under Companies
Act 2013 having its registered office at 225D, A.J.C. Bose Road, Kolkata – 700020, in the state of west
USER shall mean, include and deem any person who uses the website and / or the mobile application and / or a person who uses and dedicated to computer for work, entertainment or communication or business which included with grammatical variation of Pronoun hereinafter referred to as 'You', 'your', 'yours', 'Yourself, instead of Noun having the same meaning to the context which shall be any person alike an individual, a Company, firm, proprietor, Entrepreneur, Organisation, Association of Person, Body Corporate, Government, Non-government, local authority or organisation , Health Professional and Health care & Service Provider of any description.
SEARCHING RESULT shall mean the result of any search you perform on the website seeking service of any health professional and or health provider of description undertake to discharge its duty of Care / Nourishment under the Central/State Clinical Establishment Act and rules made there under AND / OR by any Health Organisation / Company / firm or any person associated with or otherwise undertake to discharge its obligation shall not be construe as an confirmation / endorsement / support or evidence by trustmedi.com. the users and service provider are liable and or responsible to each other for any breach of contract or deficiency in services agree to rendered by such service provider at their own risk and cost.
SERVICE PROVIDER shall mean those Organisation / Company / Institution or Health professional enlisted with the website to discharge its contractual obligation and / or provide services directly or indirectly or otherwise with the final consumer or person in relation to:
Any Health Professional viz, Doctor/Surgeon/ RMO/ Pathologist/ Para Medical wings/ Radiologist / Pharmacist / Physiotherapist / Nurse etc. having possessed or obtained proper qualification/decree/having good code of conduct and ethics and agree to discharge its obligation with great care and caution in the standard line of their respective extreme course to the best level of his/her their judgement as permissible to practice under law of India and aboard.
Any Organisation either incorporate or otherwise having lawful authority as permissible under the provision of prevailing law of the Country under the scope of services discharge its obligation through; viz, Hospital / Health Clinic / Nursing Home / Diagnostic Centre / Chemist and Druggist/ Ambulance / Air Ambulance / Yoga Centre / Physiotherapy Centre / Gym club / Blood Bank/ Medical Insurance / Life Insurance etc.
SERVICE RECIPIENT / SUBSCRIBER shall mean any intending person, final consumer, patient entered into a contract either express or implied and agree to pay fees /charges for availing services from any service provider either for self or of the others person (s) at their own risk and cost without holding the owner of website liable for any act, deed and things displayed on the web site. Tustmedi has no obligation towards you nor guaranteed or assured or advises any performance of the service provider at all.
PRODUCT shall mean and include in the MOA of the Xceptional Health Care Private Limited
SIGN UP shall mean to sign one's name electronically make access to the site of the owner (as to a contract) in order to obtain, do, or join, register and giving irrevocably consent to abide by the terms and condition framed by trustmedi.com under the agreement appear on the portal.
MY HEALTH ACCOUNT shall mean immediately after signing up, a Health Account shall be created on the website and / or its mobile application in favour the final consume(s) / patient or person and thereby it shall be presumed that you have categorically abide by the terms and condition framed by trustmedi.com accepted by you in all respect.
E-Platform for Communication
You agree, understand and acknowledge that the website is an online platform that enables you to purchase products or avail services listed on the website. You further agree and acknowledge that website is only a facilitator and is not and cannot be a party to or control in any manner any transactions on the website. Accordingly, the contract of sale and service of products of any description on the website shall be a strictly bipartite contract between you and the service provider as recited under sub-clause (i) or subclause (ii) of Articles-I Definition first above written.
Payment Gateway shall mean the user shall make payment through on line payment gateway to the designated institution / bank payable by the user to the respective party having authority to receive payment through debit / credit card or internet banking.
Portal and APP shall mean the portal / website under url www.trustmedi.com and the associated APP and the Intellectual property thereof.
ARTICLE – II: ACCEPTANCE OF TERMS:
THE APPLICATION OF THIS TRUSTMEDI.COM IS SUBJECT TO THE FOLLOWING TERMS:
- By accessing, using or obtaining any content, data, materials, information, products or services through the www.trustmedi.com (the website"), you agree to be bound by these terms and conditions ("Terms"). If you do not accept all of these terms, then you may refrain from using the website. The owner recommend you print out a copy of these terms and conditions for your future reference.
- The materials on the pages of the website is for the reader's guideline & general information and use only the owner reserve its unfettered right to change without any prior notice.
- The website is designed to store medical and demographic data.
- No warranty or guarantee will be provided by us or any other third party regarding the accuracy, timelines, performance, completeness or suitability of the information and materials found or offered on the website for any particular purpose. By continuing, you acknowledge that such information and material may contain inaccuracies/errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by the law.
- The use of any information or material on this website is entirely at your own risk, for which we shall not be liable. It will be your own responsibility to ensure that any products, services or information made available by this website meet your specific requirements.
- Our website contains material which is owned by or licensed to us. This owned or licensed material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction of the same is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
- All trademarks reproduced within this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
- Unauthorized use of the website may give rise to a claim for damages and / or be a criminal offence.
- This website may also include links to other websites on certain occasions. These links are provided for convenience and to provide further information. These links do not signify that we endorse the website(s). We claim no responsibility for the content on the linked website(s).
- Use of this website and any dispute arising out of its use is subject to the laws of the Republic of India.
ARTICLE III - ACKNOWLEDGEMENT OF TERMS:
When you access this website and APP, you acknowledge that you have read the terms and conditions set
forth below and understood that access to this website is subject to the provisions of the same.
If you do not agree to the terms and conditions set forth below, you should exit this website or APP now.
ARTICLE IV - LANGUAGE OF THE TERMS:
The terms are incorporated herein in English language and this website does not provide you with a translation of the English language version of the Terms and if there is any contradiction between what the English language version of the Terms says and what a translation says, then the English language version shall take precedence.
ARTICLE V - NATURE OF TERMS:
Website or avail the services made available on the Website by TRUSTMEDI. These
agreement ("Agreement") between you and TrustMedi in connection with your visit to the website and your use of the Services (as defined below).
- Our services are very diverse and so from time to time, we may incorporate additional terms or modify the existing terms, with or without notice, and the additional terms or requirements should be read as a part of this Agreement. It will be the user's responsibility to comply with the latest terms and conditions. Please read this agreement carefully. We also advise you to regularly read the terms and conditions.
- The Agreement will be applicable to users who subscribe to any of the services from the website or visit/browse the website. By visiting and / or using the website or its services you have agreed to comply and be bound by the agreement.
ARTICLE VI - ACCEPTABLE USE:
- For all purposes, this website and / or mobile application is the property of trustmedi, a private limited company established under the Laws of India. You may not use this website or services rendered therein in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
- This website contains material which is owned by or is licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction in any manner is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions. Using our services does not give you ownership of intellectual property rights in our services or the content you access. All trademarks reproduced in this website, which are not the property of, or licensed to us, are acknowledged on the website. Unauthorized use of this website by the user shall be a criminal offence and may give rise to a claim of damages. Please read this agreement carefully. We also advise you to regularly read the terms and conditions.
ARTICLE VII - APPLICABILITY:
- The Services may change from time to time, at the sole discretion of TRUSTMEDI, 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 / 9040062400 / 033 3005 1008
By downloading or accessing the Application/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 consent to this Agreement.
- We reserve the right to modify or terminate any portion of the Agreement for any reason and at any time. 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.
The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but not limited to:
- the Indian Contract Act, 1872,
- the (Indian) Information Technology Act, 2000, and
- 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").
- Google Advertising Policy for healthcare and medicine
The information available on www.trustmedi.com has been compiled with utmost precision and is for informational purposes only and does not constitute professional medical advice, recommendation, diagnosis or any kind of treatment. You are advised to seek advice from registered medical practitioner or experts for your personal medical needs and requirements. Taking any action based on any information/content provided on www.trustmedi.com will be solely at your own risk and www.trustmedi.com will not be held responsible, under any situation or condition, for your acts.
ARTICLE VIII - 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 Trustmedi 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.
ARTICLE IX - END-USER ACCOUNT AND DATA PRIVACY:
- Trustmedi 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 Trustmedi's services and to build new services.
- The Website allows Trustmedi to have access to registered Users' personal email or phone number, for communication purpose so as to provide you a better way of having services and for obtaining feedback in relation to the service providers 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;
- Other information mandated by the SPI Rules.
- Trustmedi 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 Trustmedi or to any other person acting on behalf of Trustmedi.
- Trustmedi develops the database for users and the administration of such account will be exclusively with the user. 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 Trustmedi of any actual or suspected unauthorized use of the User's account or password. Although Trustmedi will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Trustmedi or others due to such unauthorized use.
- If a User provides any information that is untrue, inaccurate, not current, incorrect or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Trustmedi has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete; Trustmedi has the right to discontinue the Services to the User at its sole discretion.
- Trustmedi may use such information collected from the Users from time to time for the purposes of debugging customer support related issues.
- Your 'My Health Account' is only created after you have signed up and explicitly accepted these Terms.
- Information available in your 'My Health Account' is of two types:
- Patient-created: Information generated and uploaded by you.
- Practice-created: Information generated by your interaction with a service provider who uses 'Trustmedi.com' or other Services of software.
- Any Practice created information is provided on an as-is basis and Trustmedi does not validate the said information and makes no representation in connection therewith. You should contact the relevant service provider in case you wish to point out any discrepancies or add, delete, or modify the information in any manner.
- The 'My Health Account' is provided on a best-efforts as-is basis. While we strive to maintain the highest levels of service availability, Trustmedi.com is not liable for any interruption that may be caused to your access of the Services.
- The 'Pill Reminder' provided by the 'My Health Account' is only a supplementary way of reminding you to take your medication as prescribed by your Service provider. You should refer to your prescription before taking any medicines. Trustmedi is not liable if for any reason Pill Reminders are not delivered to you or are delivered late or delivered incorrectly, despite its best efforts. This facility of 'Pill Reminder' will work only as per the alarm and reminder settings made by you in the application.
- It is your responsibility to keep your correct mobile number and email ID updated in the Health Account. The records will be sent to the account associated with this mobile number and / or email ID. Every time you change any contact information (mobile or email), you are responsible to update the same in your records. Trustmedi is not responsible for any loss or inconvenience caused due to your non-updation of your contact details for the Health Account.
- Trustmedi uses industry–level security and encryption to your Health Account. However, Trustmedi cannot guarantee /prevent unauthorized access if you lose your login credentials or they are otherwise compromised. Please safeguard your login credentials and report any actual suspected breach of account to email@example.com.
- If you access your dependents' record through your Health Account by registering your dependents with your own Health Account, you are deemed to be responsible for the records of your dependents and all obligations that your dependants would have had they maintained their own separate individual Health Accounts.
ARTICLE X - RANKING ALGORITHM:
- Trustmedi's ranking algorithm for the service provider is a fully automated system that lists the service providers, their information regarding their service on its Website.
- Trustmedi will not be liable for any change in the ranking of the service providers, which may take place from time to time. The listing of service providers will be based on automated computation of the various factors including inputs made by the Users including their comments and feedback. The ranking algorithm is proprietary technology and cannot be disclosed in full. Such factors may change from time to time, in order to improve the listing algorithm. Trustmedi in no event will be held responsible for the accuracy and the relevancy of the listing order of the service providers on the Website.
- TRUSTMEDI has designed the ranking algorithm in the best interest of the End-User and may adjust the ranking from time to time to improve the quality of the results given to the users. It is a pure merit driven, proprietary ranking algorithm which cannot be altered for specific Practitioners. TRUSTMEDI shall not be liable for any effect on the service provider's business interests due to the rank of the Service provider in the Ranking Algorithm.
ARTICLE XI - LISTING CONTENT AND DISSEMINATING INFORMATION:
- Trustmedi collects, directly or indirectly, and displays on the Website, relevant information regarding the profile and practice of the Service Provider listed on the Website. Trustmedi takes reasonable efforts to ensure that such information is updated at frequent intervals. Although Trustmedi screens and vets the information submitted by the service providers, it cannot be held liable for any inaccuracies or incompleteness represented from it, despite such reasonable efforts.
- The Services provided by service providers or any of its licensors 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 nonnfringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). Trustmedi does not provide or make any representation, warranty or guarantee, express or implied about the Website or the Services. Trustmedi 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, Trustmedi 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 Trustmedi or any User in relation to any User or services provided by such User.
- The Website may be linked to the website of third parties, affiliates and business partners. Trustmedi 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 n the Website does not imply that Trustmedi endorses the linked site. User may use the links and these services at User's own risk.
- Trustmedi 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 theWebsite.
- If Trustmedi determines that you have provided fraudulent, inaccurate, or incomplete information, including through feedback, Trustmedi reserves the right to immediately suspend your access to the Website or any of your accounts with Trustmedi and makes such declaration on the website alongside your name/your clinic's name as determined by Trustmedi for the protection of its business and in the interests of Users. You shall be liable to indemnify Trustmedi for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected Trustmedi or its Users.
- It is agreed and understood by you that the damages claimed by trustmedi.com will be decided at the sole discretion of trustmedi.com.
ARTICLE XII - EXTERNAL LINK:
These links are being provided as a convenience and for informational purposes only; they do not
constitute an endorsement or an approval by trustmedi of any of the products, services or opinions of the
corporation or organization or individual. Trustmedi bears no responsibility for the accuracy, legality or
content of the external site or for that of subsequent links. Contact the external site for answers to
questions regarding its content.
ARTICLE XIII - APPOINTMENT BOOKING AND INTERACTIONWITH SERVICE PROVIDERS
- While Trustmedi will try to ensure a confirmed appointment for an End-User who requested an appointment on Website, Trustmedi does not guarantee that a patient will get a confirmed appointment. Further, Trustmedi has no liability if such appointment is confirmed but later cancelled by service providers, or the service providers are not available as per the given appointment time.
- 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 Trustmedi responsible for any such interactions and associated issues. For avoidance of doubt, Trustmedi is not involved in providing any healthcare or medical advice or diagnosis and hence is not responsible for any outcome between you and the service providers you interact with, pursuant to any interactions on the Website. If you decide to engage with a service providers to provide medical services to you, you do so at your own risk. The results of any search you perform on the Website for service providers should not be construed as an endorsement by Trustmedi of any such particular Practitioner. Trustmedi shall not be responsible for any breach of service or service deficiency by any service provider. We cannot assure nor guarantee the ability or intent of the service providers to fulfill their obligations towards you. We advise you to perform your own investigation prior to selecting a service provider.
- Without prejudice to the generality of the above, Trustmedi will not be liable for:
- any wrong medication or treatment quality being given by the service provider, or any medical negligence on part of the service provider;
- any type of inconvenience suffered by the User due to a failure on the part of the service provider to provide agreed services or to make himself/herself available at the appointed time, no show by the service provider, inappropriate treatment, or similar difficulties;
- any misconduct or inappropriate behavior by the service provider or the service provider's staff/assistant;
- cancellation or rescheduling of booked appointment or any variance in the fees charged;
- any medical eventualities that might occur subsequent to using the services of a service provider, 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.
- Further, Trustmedi 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. All such feedback should be made in accordance with applicable law. The option of Users to give feedback emains at Trustmedi's sole discretion and may be modified or withdrawn at its sole discretion. Trustmedi may moderate such feedback at any time. Trustmedi 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 service provider from the Website.
ARTICLE XIV - NO DOCTOR PATIENT RELATIONSHIP
- "Emergency Tab" provided by Trustmedi.com might list some Emergency providers near you. However it is the sole responsibility of the User to utilize the services of the emergency service provider. Trustmedi does not warranty or guarantee on the service of the service provider. 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 any EMERGENCY service directly.
- 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 Trustmedi 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.
- It is hereby expressly clarified that, the Information that you obtain or receive from Trustmedi, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on theWebsite 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.
- Trustmedi enables Users to connect with Practitioners by posting health related queries on their respective Health Accounts. Trustmedi also allows Practitioners to respond to such queries.
ARTICLE XV - CONTENT OWNERSHIP AND COPYRIGHT CONDITIONS OF ACCESS
- The contents listed on the Website are (i) User generated content, or (ii) belong to Trustmedi. The information that is collected by Trustmedi directly or indirectly from the End- Users and the Practitioners shall belong to Trustmedi. Copying of the copyrighted content published by Trustmedi on the Website for any commercial purpose or for the purpose of earning profit will be a violation of copyright and Trustmedi reserves its rights under applicable law accordingly.
- You acknowledge and agree that the owner and our licensors retain ownership of all intellectual property rights of any kind related to the website and services, including applicable copyrights, trademarks and other proprietary rights. The owner is not granting any license to you under any of those intellectual property rights by virtue of these Terms. The owner reserves all rights that are not explicitly granted to you in this Agreement.
- Trustmedi.com trademarks, logos, service marks, images, trade names, designs, page headers, button icons, scripts and other distinctive branding features used in connection with the services are the trademarks, service marks or trade dress of Trustmedi.com and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Trustmedi.com.
- The User acknowledges that they are the original authors and creators of any Content uploaded by them and that no Content uploaded by them would constitute infringement of the intellectual property rights of any other person. Trustmedi 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 Trustmedi from and indemnify Trustmedi 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 their account. The User also agrees to absolve Trustmedi from and indemnify Trustmedi 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 Trustmedi Gallery for his/her personal or commercial gain.
- Trustmedi shall have the right to edit or remove the Content and any comments in such manner as it may deem fit at any time. The User agrees not to upload Content which is defamatory, obscene or objectionable in nature and Trustmedi 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 Trustmedi from and indemnify Trustmedi against all claims that may arise as a result of any legal claim arising from the nature of the Content posted by the user.
- User agrees that the content they access on their website 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 trustmedi from and indemnify Trustmedi against all claims that may arise as a result of the User's actions resulting from the User's viewing of content on the website.
- The User acknowledges that all intellectual property rights in the Content on trustmedi.com. The User agrees not to infringe upon Trustmedi's intellectual property by copying or plagiarizing content on trustmedi.com. Trustmedi 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 website will be the sole intellectual property of Trustmedi. The User agrees not to post any comments on website that violate the intellectual property of any other person. Trustmedi 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 Trustmedi from and indemnify Trustmedi 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 website.
- User agrees not to post any comments which are defamatory, obscene, objectionable or in nature and Trustmedi reserves the right to remove any comments which it may determine at its own discretion to violate these Terms and Conditions or violate any law or statute in force at the time. The User agrees to absolve Trustmedi from and indemnify Trustmedi against all claims that may arise as a result of any legal claim arising from the nature of the comments posted by the User.
ARTICLE XVI - REVIEWS 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 service providers or other healthcare professionals. The role of Trustmedi in publishing Critical Content is restricted to that of an 'intermediary' under the Information Technology Act, 2000. Trustmedi 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. Trustmedi 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 Clause 5 of these Terms. Without prejudice to the detailed terms stated in Clause 5, 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 Information Technology (Intermediaries Guidelines) Rules, 2011 (IG Rules) and Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 (SPI Rules). Trustmedi, at its sole discretion, may choose not to publish your reviews and feedback, if so required by applicable law, and in accordance with Clause 5 of these Terms. You agree that Trustmedi may contact you through telephone, email, SMS, or any other electronic means of communication for the purpose of:
- Obtaining feedback in relation to Website or Trustmedi's services; and / or
- Obtaining feedback or response in relation to any Practitioners listed on the Website; and / or
- 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 Trustmedi.
ARTICLE XVII - LISTING POLICY
- Trustmedi, directly and indirectly, collects information regarding the service provider's profiles, contact details, services and practice, and publishes these details on the Website. On a service provider's request, Trustmedi may take down any part of such service provider's profile on he Website, provided, however, that Trustmedi shall at no time be under any obligation to take down publicly available information about a service provider, his/her profile, contact details and / or practice. All information regarding the service provider's profiles, contact details, and practice is collected for the purpose of facilitating interaction between and among Users, Subscribers, members of the public and service providers. If any information displayed on the Website in connection with you and your profile is found to be incorrect, you are required to inform Trustmedi immediately to enable Trustmedi to make the necessary amendments.
- Trustmedi shall not be liable and responsible for the ranking of the service providers on external websites and search engines
- Trustmedi reserves the right to moderate the suggestions made by the clients through feedback and the right to remove any abusive or inappropriate or promotional content added on the Website. However, Trustmedi shall not be liable if any inactive, inaccurate, fraudulent, or on- existent profiles of service providers are added to the Website.
- Trustmedi reserves the right to publish the User information to a third party, subject to prior explicit informed consent from the User.
- You as user 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 TRUSTMEDI accepts no liability for the same.
ARTICLE XVIII - PROFILE OWNERSHIP AND EDITING RIGHTS
- TTRUSTMEDI ensures easy access to the users by providing a tool to update your profile information. TRUSTMEDI reserves the right of ownership of all the service provider's profile and photographs and to moderate the changes or updates requested by service providers.
- However, TRUSTMEDI 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 TRUSTMEDI'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,
- TRUSTMEDI may modify or delete arts of your profile information at its sole discretion with or without notice to you in the best interest of the Users.
ARTICLE XIX - REVIEWS AND FEEDBACK DISPLAY RIGHTS OF TRUSTMEDI
- All Critical Content is content created by the Users of www.TRUSTMEDI.com ("Website") and the clients of TRUSTMEDI customers and Practitioners, including the End-Users. As a platform, TRUSTMEDI 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 TRUSTMEDI and other legal rights and obligations relating to the critical content are further detailed in these Terms and Conditions.
- TRUSTMEDI reserves the right to collect feedback and Critical Content for all the Practitioners, Clinics and Healthcare Providers listed on the Website.
- TRUSTMEDI 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.
- You understand that by using the Services you may be exposed to Critical Content or other content that you may find offensive or objectionable. TRUSTMEDI 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. TRUSTMEDI however, as an 'intermediary, takes steps as required to comply with applicable law as regards the publication of Critical Content.
- TRUSTMEDI 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.
ARTICLE XX - RIGHTS AND OBLIGATIONS RELATING TO CONTENT
- As mandated by Regulation 3(2) of the IG Rules, TRUSTMEDI hereby informs Users that they are not permitted to host, display, upload, modify, publish, transmit, update or share any information that:
- belongs to another person and to which the User does not have any right to;
- 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;
- harm minors in any way;
- infringes any patent, trademark, copyright or other proprietary rights;
- violates any law for the time being in force;
- deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- impersonate another person;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
- 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 cognizable offence or prevents investigation of any offence or is insulting any other nation.
- Users are also prohibited from:
- violating or attempting to violate the integrity or security of the Website or any TRUSTMEDI Content of website;
- 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 TRUSTMEDI;
- intentionally submitting on the Website any incomplete, false or inaccurate information;
- making any unsolicited communications to other Users;
- 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;
- attempting to decipher, decompile, disassemble or reverse engineer any part of the Website;
- copying or duplicating in any manner any of the TRUSTMEDI Content or other information available from the Website;
- framing or hot linking or deep linking any Content of the website.
- TRUSTMEDI, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email 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 Clauses20.1 and 20.2 above, shall be entitled to remove or disable access to the material or information that is in contravention of this Clause
- TRUSTMEDI 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. TRUSTMEDI 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.
- TRUSTMEDI 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. TRUSTMEDI 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.
ARTICLE XXI - TERMINATION
- TRUSTMEDI 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;
- TRUSTMEDI is unable to verify or authenticate any information provide to TRUSTMEDI by a User;
- TRUSTMEDI has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User; or
- TRUSTMEDI believes in its sole discretion that User's actions may cause legal liability for such User, other Users or for TRUSTMEDI or are contrary to the interests of the Website.
- 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.
ARTICLE XXII - INDEMNIFICATION:
You agree to indemnify, defend, and hold harmless Trustmedi.com, its affiliates and their respective present, former and future officers, directors, employees and agents, and their respective heirs, legal representatives, successors and assigns from and against any claim, demand, loss, damage, cost, or liability (including amounts paid in settlement and reasonable attorneys' fees) arising out of or relating to:
- Any content you submit, post, transmit, or make available through the website or its services;
- Your use or misuse of the website ;
- Your breach or alleged breach of these Terms; or your violation of any rights (including intellectual property rights) of a third party .
- Spoofing/Phishing/Hacking /Tempering/Sabotaging of records the material or its contents in any manner, which has been declared as crime under cyber law.
- TRUSTMEDI has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User; or
ARTICLE XXIII - APPLICABLE LAW JURISDICTION AND DISPUTE SETTLEMENT
- You agree that this Agreement and any contractual obligation between TRUSTMEDI and User will be governed by the laws of India.
- 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 TRUSTMEDI. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be Kolkata. 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.
- Subject to the above Clause 23.ii, the courts at Kolkata 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.
ARTICLE XXIV - INFORMED CONSENT FOR 'Online DOCTOR Consultation "over the Phone/ Chat/ Video
- Online Doctor Consultation is not a substitution for physical visit to doctors.
- Onilne Doctor doesn't diagnose illnesses or prescribe medication (including over the counter medication). Schedule a visit with a doctor as per your requirements.
- Online Doctor does not provide medical examination and surgical opinion.
- If your question is related with a medical emergency, please call your nearest doctor/hospital immediately.
- The website does not provide or encourage emergency services through 'Online Doctor Consultation'. In these situation the user is advised to seek emergency help as per his/her necessity.
- Your consultation with the doctor will remain confidential.
ARTICLE XXV - PAYMENT POLICY:
- Payment policy for subscribers and / or users will be governed as per the terms and conditions mentioned at the time of booking for a particular service provider or service. The User is urged to read and understand the terms of payment at the time of Booking.
- For Service Providers, the payment policy will be governed by the agreement signed between Service Provider and Trustmedi. Without generality to the above mentioned terms and conditions, the policy is subject to change from time to time, without any further notification.
ARTICLE XXVI - CANCELLATION AND REFUND POLICY:
The refund of any amount and / or payment for any service booking will be done by Trustmedi as per the below mentioned cancellation and refund policy.
- If User Cancels within 24 Hours prior to Appointment / Booking time:
A User can cancel and get a 100 % refund (if paid online) if the User decides to cancel their appointments/ booking only if it is before 24 hours of booking/ appointment time. After choosing the cancellation option User gets cancellation or reschedule option.
- If reschedule option chosen by User then accordingly the User schedules another appointment of the same service by the same service provider and the service provider gets intimation as well User accounts gets updated on Trustmedi.
- If cancellation option chosen then User gets 100 % refund in the same back /card account within 21 days of operation.
- Cancellation within 24 Hours of prior to Appointment / Booking:
A User cannot get any refund if the appointment / booking is cancelled within 24 hours window.
Although the User can cancel the appointment which would inform the service provider through SMS
and Email and dash board update.
For any exceptions or escalations Users can contact customer support centre of Trustmedi.com (phone no : 9040062400)
ARTICLE XXVII - Service Provider Empanelment:
Without prejudice to the generality of the terms and conditions contained herein, empanelment of service providers with trustmedi.com will be governed by specific agreement between service provider and Trustmedi.
ARTICLE XXVIII - CONTACT INFORMATION GRIEVANCE OFFICER:
If a User has any questions concerning TRUSTMEDI, the Website, this Agreement, the Services, or
anything related to any of the foregoing, TRUSTMEDI customer support can be reached at the following
email address firstname.lastname@example.org
In 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 our Grievance Officer at
Email : email@example.com
Telephone : 033 3005 1008 (Ask to be connected to the Grievance Officer)
ARTICLE XXIX - 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.
ARTICLE XXX - FORCE MAJEURE
Trustmedi shall not be responsible or liable for any delay or failure to perform its obligations (other than an obligation to make payment) under this Agreement due to unforeseen circumstances or any event which is beyond Trustmedi's reasonable control and without its fault or negligence, but not limited to, acts of God, war, riots, embargoes, strikes, lockouts, acts of any Government authority, delays in obtaining licenses or rejection of applications under the Statutes, failure of telephone connections or power failure, fire or floods.
ARTICLE XXXI - WAIVER
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 TRUSTMEDI. Any consent by TRUSTMEDI to, or a waiver by TRUSTMEDI 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.
ARTICLE XXXII - RELATIONSHIP BETWEEN THE PARTIES
Nothing in this Agreement shall be construed as creating a partnership or joint venture between the service provider and service recipient. Neither Party will be deemed to be an agent of the other Party as a result of any act under or related to this Agreement, and will not in any way pledge the other Party's credit or incur any obligation on behalf of the other Party.
We value the trust you place in trustmedi.com. That's why we insist upon the highest standards for
customer information privacy and transactions.
- Collection of Personally Identifiable Information:
We collect personally identifiable information from you when you request for a service. We do not for any reason whatsoever sell your Personal Identifiable Information to any third party or otherwise trade on it.
Personally Identifiable Information
"Personally Identifiable Information" is the information that identifies a specific End User. Such unique identification and the subsequent submission of data are directly associated with your various activities at www.trustmedi.com such as creation of account, booking of service, payment process, sharing your feedback, suggesting a service etc. However, it is for you to choose not to engage in such activities.
Remember, once you enroll, it is mandatory to provide the required information
Some of the information that we collect includes:
- Mobile numbers,
- Email IDs
- Date of Birth
- Mailing Address
- Medical history
- Bank Account and Credit card information
- Any other personal information that may be supplied by you or collected about you from time to time according to the applicable local legislation.
Depending on your activity on www.trustmedi.com, some of the details we may ask are mandatory and
some are optional. If you do not provide the mandatory information for a particular activity that requires it,
you will not be permitted to engage in that activity.
The various purposes for which we need this information include, but not limited to:
- Verifying you as a legitimate user.
- Allowing you to place your booking for our services.
- Informing you about your booking status.
- Transactions and payment process
- Medical records secure cloud storage
This information may also be used to analyze Website use, enhance our services for you, improve our marketing and promotional activities, administer our website and address your preferences.
We assure that your Personally Identifiable Information are private and secure at www.trustmedi.com and will not be sold, rented or traded to any third party entity without your explicit consent.
Only the staff, officers, employees, agents and representatives of www.trustmedi.com will view your file and the information contained therein without access to individual Medical records.
- Partnering with Others:
Trustmedi may partner with other online / Offline services to offer a combined service. Whenever we offer such combined services, trustmedi will make it clear who the partner is and it will be entirely upto you to use or not to use the service. Where any personal information is passed along to the partner you will be informed prior to that sharing.
- Use of Demographic and Profile Data:
We use personal information to provide the services you request. We use your personal information to troubleshoot problems; collect fees owed; measure interest in our services, inform you about online and offline offers and customize your experience. In our efforts to continually improve our service offerings, we collect and analyze demographic and profile data about our users' activity on our website.
- Provision of Aggregate Demographic Information to Third Parties:
Trustmedi reserves the right to provide aggregate demographic information of its member base to third parties. We do not shared personal information of individual users with third parties.
A "cookie" is a small piece of information stored by a Web server on a Web browser so it can be later read back from that browser. Cookies are useful for enabling the browser to remember information specific to a given user. trustmedi.com may place both permanent and temporary cookies in your computer's hard drive. trustmedi.com's cookies do not contain any of your personally identifiable information.
- Newsletter Subscription:
Visitors to trustmedi.com may also sign up for our newsletters without having to register.
- Email Communications
Trustmedi.com will communicate with you through the email you have specified. Your email address is never shared with anybody within or outside trustmedi.com. Trustmedi.com uses this email address to send you three types of communications:
- Transactional information and messages for transactions you are undertaking
- Sending you newsletters that you have subscribed to.
- Sending you occasional announcements about changes in trustmedi's policies or announcement of new promotions or services.
- Intimation and / or confirmation about booking of any services and any information related with your booking.
- Disclosures required by law: It is possible that we may need to disclose personal information when required by law. We will disclose such information wherein we have a good faith and belief that it is necessary to comply with a court order, ongoing judicial proceeding or other legal process served on our company or to exercise our legal rights or defend against legal claims.
ARTICLE XXXIV - TRUSTMEDI Feedback Collection and Fraud Detection Policy
This policy document covers the philosophy, intent and methodology used by TRUSTMEDI to collect Feedback from Patients about Service providers and other Practitioners who are part of TRUSTMEDI
- Philosophy and Intent
We believe in transparency and authenticity, and these are the TWO primary pillars on which the Feedback collection system is built. We intend to help Patients make a well-informed decision when it comes to their Health and authentic Feedback helps them achieve that. Healthcare and Wellness Service providers being TRUSTMEDI's closest friends throughout our successful journey, would be the other beneficiary, with authentic Feedback circulating in the End User's circles.
- How we collect Feedback
As of now TRUSTMEDI endeavors to reach out to the following group of authentic users:
Users who have availed services through TRUSTMEDI.com by selecting one or more listed service providers: TRUSTMEDI reaches out to these users via SMS / E-mail / Call / Online after their scheduled appointment schedule and ask them for Feedback on their experience with the Service provider. TRUSTMEDI has complete ownership of this flow of feedback collection.
- Nature of Feedback
The TRUSTMEDI Feedback Collection System currently asks users about their experience with the
service provider. The parameters under which feedback would be collected is pre-defined for each service
Trustmedi vouches that the parameters for each category would be decided on their terms and conditions to ensure transparency in the feedback mechanism. Trustmedi would also ensure that the feedback parameters are advertised through website and / or through mobile application, SMS and email and other digital channels as well as offline mode.