TERMS AND CONDITIONS
Effective date: 12-12-2023
The following terms and conditions constitute an agreement between you and Savioursbadge Healthcare Private Limited (“HealthHOD.com,” “we,” or “us”), the operator HealthHOD.com (the “Website”). BY USING THE WEBSITE, OR VISITING THIS APPLICATION AND/OR BY REGISTERING WITH US, YOU SIGNIFY THAT YOU AGREE TO THESE TERMS and CONDITIONS, including that you consent to the information practices disclosed in our Privacy Policy, which is incorporated herein by reference, and that you are agree to comply with applicable laws, governed and interpreted by the country (hereinafter referred to as “India”). Please note that we offer the Website ‘AS IS’ and without warranties.
HealthHOD.com is not intended to be accessed or used for a medical emergency and the User shall not draw any conclusion or inference from the opinion/consultation received on the Web Site. If this is an emergency, please call the local emergency number for medical assistance immediately.
IF YOU DO NOT AGREE TO ANY OF THESE TERMS, THEN PLEASE DO NOT USE THE APPLICATION OR THE SERVICES OF SAVIOURSBADGE HEALTHCARE PRIVATE LIMITED.
YOUR ACCESS OR USE OF THE WEB SITE/APPLICATION CREATES A BINDING AND ENFORCEABLE LEGAL AGREEMENT BETWEEN YOU, THE WEB SITE USER, AND COMPANY AND SIGNIFIES YOUR UNDERSTANDING, ACCEPTANCE AND CONSENT TO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT.
DEFINITIONS
APPLICATION/APP: “Application/App” means the HealthHOD, platform, the mobile application or the algorithm created, developed, designed and made available by SAVIOURSBADGE HEALTHCARE PRIVATE LIMITED .
MEDICAL PRACTITIONERS: “Medical Practitioners” shall mean only person holding a degree such as M.B.B.S (Bachelor of medicine, bachelor of surgery) and B.D.S (Bachelor of Dental Surgery) in modern medicine (Allopathy) recognized by Indian Government.
PERSONAL INFORMATION: “Personal information” shall mean any information about the user provided by the user and obtained by HealthHOD in relation to the application.
HealthHOD: “ HealthHOD” merely provide a technology platform and infrastructure that enables you to connect with participating medical practitioners listed on the Service and to use the messaging or communication facilities of the Service that are designed to enable you to communicate with others (‘Communication Tools”) to consult with a medical practitioner recommended to you.
SERVICES: “Services” shall mean any service offered or rendered by HealthHOD or its affiliates.
USER ACCOUNT: “User Account” shall mean the registered Application account of the User with HealthHOD for use of the Application and services.
USER DATA: “User Data” shall include any data, Patient health information of the User.
WEBSITE: “Website” shall mean www.HealthHOD.com,or such other website notifies for the purposes of this terms.
YOU/YOUR/USER: “You/Your/User” shall mean any person who accesses, downloads, installs, utilizes, operates or views the Application/Platform or Services offered by HEALTHHOD.
SCOPE OF SERVICES
This Application allows Medical Practitioner/Doctors to list themselves in order to have an access to demand in addition to their casual offline work. This enables the User to obtain medical consultation and avail response on the queries posted with respect their health conditions etc. HealthHOD do not practice medicine and do not provide medical consultation. The User acknowledges that any information posted in the chat to avail medical advice from the Doctors/Medical Practitioners listed in the Platform shall be public and such information is on non-confidential basis, and HealthHOD are under no obligation to refrain from reproducing, publishing or otherwise using it in any way or for any purpose. User shall be responsible for the content and information contained in the query posted through the Platform or otherwise for availing medical advice.
The Services availed by the User from HealthHOD via the Platform are an arrangement between the User and the medical Practitioner the User select. The Platform only facilitates connections between User and the Medical Practitioner and bears no responsibility or guarantee that a web-based consultation, over-phone consultation or in-person/video consultation is the appropriate way to resolve /solution for problem faced by the User.
HealthHOD shall not be liable for deficiency or shortfall in response to the query posted in the platform/ misdiagnosis / adverse events / inefficacy of prescribed treatment or advice or investigation reports / validity of the advice or prescription or investigation reports provided by the Medical Practitioner / unavailability of the recommended or prescribed treatment or medication under any condition or circumstances. Users are advised to use their discretion for following the advice obtained post medical consultation with Medical Practitioner via the Platform or post Services.
That the medical advice/opinion provided on the Platform is based on the information that the User make available to Medical Practitioner and is subject to be improved upon or modified in the event of an in-person examination and/or further tests carried out by such qualified medical practitioner.
This policy is applicable on all the present as well as prospective Users who uses or wishes to use the Application and Services offered by HealthHOD through proper registration. It lays down the procedure that we follow to collect information and maintaining a record of our Users. It is the duty of the User to provide necessary personal information and does not abuse the relationship with HealthHOD for any illegal purposes. Any action, including those that might not have been foreseen and included in this policy, that has the effect of the abuse as contemplated above shall be restricted under this policy.
HealthHOD reserves it right to suspend or terminate any action in favor of the User on suspicion of the User abusing the relationship as contemplated above.
You may view and access the content available on the Platform solely for the purposes of availing the Services, and only as per these Terms and Conditions. You shall not modify any content on the Platform or reproduce, display, publicly perform, distribute, or otherwise use such content in any way for any public or commercial purpose or for personal gain.
ELIGIBILITY
When you use the Platform, you represent that you meet the following primary eligibility criteria:
User must be eighteen years or older. If the age of the User is below 18 years, a parent or guardian must accept this Agreement and provide guidance under the services offered.
The User takes full responsibility for ensuring that the information submitted is accurate. HealthHOD.com shall make no effort to validate any information provided by the User for use in Services with respect to content, correctness or usability.
HealthHOD reserves the right to terminate your membership and/or refuse to provide you with access to the Platform if HealthHOD discovers that you are under the age of 18 years
User identification
HealthHOD collects the following basic information from its Users for its records: First Name, Last Name, E-Mail Address, gender, date of birth, Residential Address, Contact Number and the Medical Practitioner/Doctors are required to provide following details such as Professional Qualification details, Medical Council/Practicing License No., Area of Practice, Years of Experience , Designation, State of Registration in addition to the abovementioned details.
HealthHOD collects personal information of the users to ensure that the users do not misuse the content and information accessible in this Application.
USER ACCOUNT
In order to use the Application and avail the Services offered by HealthHOD, the User must register for and maintain a user account. The User understands and acknowledges the following:
- You understand that Medical Practitioners/Doctors who participate in the HealthHOD.com are not employed by or agents of HealthHOD.com. No listing of any Medical Practitioners/Doctors on this Website/Platform, and no information of any kind or answers provided by any Medical Practitioners/Doctors, constitutes an endorsement, recommendation or referral of any Medical Practitioners/Doctors.
- You are responsible for your own communication using HealthHOD with the other Users/Medical Practitioners/Doctors.
USER DATA
The User may submit information and content to the HealthHOD Services, such as PHI (patient health information) and post health related query, all of which qualifies as ‘User Data’ and is owned by the User. User acknowledge that any information posted in the Platform/website to avail medical advice from the Medical Practitioners shall be public and such information is on non-confidential basis, and HealthHOD are under no obligation to refrain from reproducing, publishing or otherwise using it in any way or for any purpose.
FEATURES
HealthHOD.com provides for following features:
- Allows User to post their health-related queries in the Platform to avail medical advice from the Doctors/Medical Practitioner listed in the Application/Platform.
- Scheduling an appointment for medical consultation:
- You can book an appointment for a medical consultation with Medical Practitioner/Doctors listed on the Application.
- You will receive a confirmation of appointment for a medical consultation with a Medical Practitioner of your choice, on the Platform and / or via SMS and / or email and / or an online communication or messaging service.
HOLDING MEDICAL CONSULTATIONS
You can have an Online Medical Consultation via audio call or video call or chat on the Platform with the Medical Practitioner/Doctor selected by you.
The User understand and acknowledge that there will not be any physical examination involved and the Online Medical Consultation services shall be provided remotely in accordance with these Terms and Conditions. The opinion delivered shall be solely be based on the verbal communication between the concerned Medical Practitioner/Doctor and User, and other information provided/uploaded by you on the Platform.
By using this application, you agree to storage of your data in secure cloud infrastructure located anywhere in the world.
HOW DOES IT WORK?
If you choose to opt a Paid Service at HealthHOD.com, you will be charged a fee. The fee paid by you is paid to the Medical Practitioner/Doctor and is a payment by which you compensate the Medical Practitioner for the time spent in providing you with services. The fee is not intended in part to cover HealthHOD.com’s technology maintenance and other costs involved in operating the Website business. The fee paid towards paid services is only towards the scope defined under the services offered for that particular booking and post the consultation, you may or may not engage the Medical Practitioner directly towards any further services you wish to avail from the respective Medical Practitioner. HealthHOD.com is no way, directly or indirectly responsible for the consultation and assistance provided by the Medical Practitioner. Once you pay the fee and your booking is confirmed, you are intimated about the same via email, SMS and / or phone.
INDEPENDENCE OF MEDICAL PRACTITIONERS
The opinions, statements, answers (collectively “consultation”) provided by the Doctors/Medical Practitioner via HealthHOD.com are solely the individual and independent opinions and statements of such individuals and do not reflect the opinions of HealthHOD.com, its affiliates or any other organizations or institutions to which such Doctor or such professional is affiliated or provides services. HealthHOD.com does not recommend or endorse any specific Doctor, opinions, or other information that may be mentioned on HealthHOD.com.
The inclusion of professionals and specialists on HealthHOD.com or in any professional directory on HealthHOD.com does not imply recommendation or endorsement of such professional nor is such information intended as a tool for verifying the credentials, qualifications, or abilities of any professional contained therein. Such information is provided on an ‘as-is’ basis and HealthHOD.com disclaims all warranties, either express or implied, including but not limited to the implied warranties of merchantability and fitness for particular purpose.
In connection with their participation on HealthHOD.com, Doctors do make certain representations and warranties regarding the information they provide about the jurisdictions in which they are licensed to practice their profession and in good standing. Nevertheless, you are encouraged to investigate or perform your own due diligence concerning the Doctors and their qualifications.
No representation is made that the quality of the professional services to be performed is greater than the quality of professional services performed by other Doctors. We urge all potential User to make their own independent investigation and evaluation before any Doctor/Medical Practitioner is being considered.
SUSPENSION DUE TO NON-COMPLIANCE WITH AGREEMENT
HealthHOD.com will make all possible efforts to provide you the best services for your payment. However, HealthHOD.com shall not incur any liability and shall declare any service guarantee void in event of one or more of the following circumstances:
- If you have not provided accurate details including contact information (user’s email and/or phone number), username and Payment account information.
- If the transaction for payment doesn’t go through with your bank due to (including but not limited) insufficient funds, fraudulent access, failure of processing the request by our Affiliate merchants or your bank.
iii. If circumstances beyond the control of HealthHOD.com (such as, but not limited to, fire, flood, or interference from external forces) prevent proper execution of the transaction.
- If you don’t respond to requests of more information (if needed) by the Medical Practitioner/Doctor to make a consultation. We would intimate you the needful via email and/or phone and/or SMS and/or as a message in your HealthHOD.com account.
PROHIBITED USAGE / LIMITED RIGHT OF USE / LIMITED LICENCE
Unless otherwise specified, all materials on the Platform/Application and Services are the property of HealthHOD and are protected under copyright, trademark and other applicable laws.
You are responsible for the information you voluntarily post and agree to defend (at your sole expense), indemnify and hold HealthHOD harmless from any damages, losses, costs, or expenses which HealthHOD may incur as a result of information you post.
You agree not to host, display, upload, modify, publish, transmit, update or share any information that (a) belongs to another person and to which you do not have any right to; (b) is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, 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; (c) harm minors in any way; (d) infringes any patent, trademark, copyright or other proprietary rights; (e) violates any law for the time being in force; (f) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; (g) impersonates another person; (h)contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or (i) threatens the unity, integrity, defense, 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.
You are solely responsible for all information you post in the Platform, transmit or share using the Communication Tools and we are not obliged to monitor the same. However, we reserve the right to review any information or materials you share using the Communication Tools and to remove (without notice to you) any information or materials that we find, in our sole discretion, violates any applicable law or these Terms. In the event of non-compliance with the Terms, we may (without notice to you), immediately terminate your registration with us and/or prevent your access or use of the Service.
LIMITATIONS ON LIABILITY
By using our Services, you confirm that you understand and agree to the following:
The Application/website only facilitates communications between User and the Medical Practitioner and as such HealthHOD bears no responsibility for the quality and outcome of any such Services obtained by you from the respective Medical Practitioner, to the extent permitted by applicable law.
HealthHOD itself does not provide any medical consultation or diagnostic services. If you receive any medical advice / investigation reports from a Medical Practitioner, the User have contacted through the Platform, the User shall be responsible for assessing such advice, and reports the consequences of acting on such advice or reports, and all post-consultation follow-up action, including following the Medical Practitioner’s instructions.
HealthHOD shall not be held liable for any loss, damage or injury pertaining or any harmful components to use of the Application and services offered by HealthHOD and it shall be the sole risk of the user. HealthHOD expressly disclaims all warranties of any kind whether express or implied.
HealthHOD does not warrant that your access to the application and/or related services will be uninterrupted or error-free, that defects will be corrected or that this website or the server that makes it available, is free of viruses or other harmful components.
Access to and use of the application and the information contained therein is at your own risk and HealthHOD does not undertake any accountability for any irregularities, viruses or damage to any mobile phone or electronic device that results from accessing, availing or downloading of any information from the application or any other website of which link is provided herewith. HealthHOD does not warrant or make any representations regarding the use or the results of the use of service purchased in terms of its compatibility, correctness, accuracy, and reliability or otherwise. The User solely assume total responsibility and risk for your use of this application and application-related services.
The User fully and unconditionally agrees that, HealthHOD and its directors, officers, employees, agents, sponsors, consultants, business partners or other representatives shall not be responsible or liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or any other damages (including without limitation loss of profits, loss or corruption of data, loss of goodwill, work stoppage, computer failure or malfunction or interruption of business) under any contract, negligence, strict liability or other theory arising out of or relating in any way with the use of the application or in reliance of the information available on the application, application-related services or any products or services offered or sold or displayed on this website. If the foregoing limitation is held to be unenforceable, the maximum liability of HealthHOD and its service providers to the User shall not under any event exceed the amount of Rupees One Thousand Only (₹ 1000/-).
HealthHOD does not make any personal recommendations. The information on the application including response provided by the Doctors/Medical Practitioner for the queries posted by the User is provided solely to enable them to make their own decisions and does not constitute a recommendation to rely upon any advice provided by the Medical Practitioner. If the User has any doubts, the User should seek advice from an independent medical practitioner of your own choice.
HealthHOD may launch new updates/upgrades for the App., you may subscribe to the same through the Online Stores. In the event, you choose not to update/upgrade the App, certain features or functionality shall not be accessible to you.
The User understands and agrees that no joint venture, partnership, employment or agency relationship exists between the user and HealthHOD as a result of this agreement or on account of use of the application.
DISCLAIMER
HEALTHHOD HEREBY DISCLAIMS ANY LIABILITY, AND MAKES NO REPRESENTATION AND/OR WARRANTY FOR, THE SECURITY, RELIABILITY, QUALITY, TIMELINESS, AND PERFORMANCE OF (I) THE WEB SITE AND ITS FEATURES; (II) ANY INFORMATION, CONTENT OR ADVICE (INCLUDING MEDICAL OPINION) AVAILABLE ON OR RECEIVED THROUGH THE WEB SITE (III) ACCESS TO OR ALTERATION OF USER CONTENT (IV) TRANSMISSION OF DATA AND (VI) ANY OTHER MATTER RELATING TO THE WEB SITE AND / OR SERVICES. –
HEALTHHOD DOES NOT PROVIDE ANY GUARANTEE AND SHALL NOT BE HELD LIABLE OR RESPONSIBLE FOR THE FAILURE TO SEND ANY COMMUNICATION, NOTIFICATION OR REMINDER TO YOU WHETHER AS A FEATURE OF THE SERVICE ON OFFER OR NOT.
HEALTHHOD SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY BREACH OR LOSS OF DATA INCLUDING PERSONAL INFORMATION DUE TO TECHNICAL REASONS OR THIRD-PARTY ACTIONS.
APPLICABLE LAW AND DISPUTE SETTLEMENT
You agree that this Agreement and any contractual obligation between HealthHOD and User will be governed by the laws of India.
If any dispute, difference or claim arising out of or relating to this Agreement or the validity, interpretation, implementation or alleged breach of the terms of this Agreement or anything done or omitted to be done pursuant to this Agreement 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 HealthHOD. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The venue of the Arbitration shall be at Chennai and the language of the Arbitration shall be in English.
COMMUNICATION
Under these Terms of Use, the User agree to receive electronic or any other form of communication and notifications from HealthHOD. Email messages sent over the Internet/Message/Email are not always secure and HealthHOD is not responsible for any damages incurred by the result of sending messages over the Internet or any electronic medium.
SEVERABILITY
In case any provision/s of these Terms of Use is / are rendered invalid or unenforceable or void by operation of any law, rule or regulation then such an event would not affect the validity or enforceability of any other provision of these Terms of Use.
FORCE MAJEURE
It is hereby expressly declared that neither HealthHOD nor the User will be liable for any delay or non-availability of the Application or failure caused by conditions or events beyond the reasonable control of the respective party, including but not limited to any delay or failure OR any downtime or unavailability of the Application due to any act of God, fire, act of terrorists, act of civil or military authorities, civil disturbance, war, strike or other labor dispute, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophe or any other occurrence which is beyond reasonable control of the respective party and the validity and enforceability of any remaining provisions shall not be affected by any such condition.
INDEMNIFICATION
To the full extent permitted by applicable law, the User hereby agrees to indemnify HealthHOD, and its affiliates, officers, directors, agents, employees, and suppliers against any action, liability, cost, claim, loss, damage, proceeding or expense including Lawyer’ fees suffered or fees of third parties relating to or arising under this Agreement incurred if directly or not directly arising from your use of the Application and Services, or from your violation of these Terms of Use and applicable laws.
EXTERNAL WEBSITES AND SERVICES
The Application and Services may provide links or other forms of reference to other websites (“External Websites”) or resources over which HealthHOD may not have control. HealthHOD offers to the User such links or references to External Websites with the sole purpose of enhancing your experience of using the Application and Services and HealthHOD makes no representations whatsoever about any External Websites which the User may access through the Application. HealthHOD cannot be held responsible for the availability of, and content provided on any External Websites. HealthHOD cannot be held responsible for any third-party content accessible through the Website, including opinions, advice, statements, prices, activities, and advertisements, and the User shall bear all risks associated with the use of such content.
WAIVER
Enforcement of the Terms is solely in our discretion and our failure to enforce a provision in some instances does not constitute a waiver of our right to enforce such provision in other instances.
INTELLECTUAL PROPERTY
The Application/Website and all software/algorithm/code/metadata contained in the Application/Website, the contents, user interface, design and scheme of the Application, are proprietary to HealthHOD and are protected by worldwide copyright and other intellectual property laws. Except as stated herein, none of the materials may be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted or transmitted in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording or other means, without the prior express written permission of the HealthHOD.
The User understands, acknowledges and agrees that HealthHOD is the sole owner of all right, titles and interest including any and all intellectual property rights in the Application, website, design, software, interface, color scheme, content, logos, trade names, brand names, designs, services and any such intellectual property used in connection with the platform.
ANCILLARY SERVICES
The User may get access to chat rooms, blogs, feedbacks, reviews and other features (“Ancillary Services”) that are/may be offered from time to time on the Platform and may be operated by HealthHOD or by a third party on our behalf. The User shall not (nor cause any third party to) use these Ancillary Services to perform any illegal activities (including without limitation defaming, abusing, harassing, stalking, threatening, promoting racism, or otherwise violating the legal rights, such as rights of privacy, of others) or immoral activities, falsely stating or otherwise misrepresenting the User’s affiliation with a person or entity.
Additionally, the Application may contain advice/opinions and statements of various professionals/ experts/ analysts, etc. HealthHOD does not endorse the accuracy, reliability of any such advices/opinions/ and statements. The User may rely on these, at your sole risk and cost. The User shall be responsible for independently verifying and evaluating the accuracy, completeness, reliability and usefulness of any opinions, services, statements or other information provided on the Platform. Nothing contained herein is to be construed as a recommendation or endorsement of any specific Doctors, products, procedures, opinions, or other information that may be mentioned on HealthHOD.com.
SUSPENSION, TERMINATION AND CANCELLATION
The User may terminate this agreement with HealthHOD , and close the User Account at any time. We may also cancel or suspend your registration for any other reason, including inactivity for an extended period, but will attempt to notify you in advance of such cancellation or suspension.
The User agrees that HealthHOD may, in its sole discretion, terminate your access to the Application, Services and to your User Account; including without limitation, suspending or terminating the Service and User’s Accounts, prohibiting access to the Application and its content, services and tools, delaying or removing hosted content, and taking technical and legal actions to keep Users off the Application if we reasonably perceive that such Users are creating any problems, including without limitation, possible legal liabilities, infringement of the intellectual property rights, or acting inconsistently with the letter or spirit of these Terms of Use or considered to be unethical / immoral.
MISCELLANEOUS
The contents of the present terms read with the privacy policy(Hyperlink), shall constitute the entire understanding between the User and HealthHOD.
The management of User Data shall be in accordance with the terms of the Privacy Policy.
Assignment: The User shall not assign or otherwise transfer rights or obligations under this agreement. HealthHOD may assign our rights and duties under this agreement as part of the sale to, merger with, or other transfer of our company to another entity without any such assignment being considered a change to this agreement. We will post a notice on the Website regarding any change of ownership so that you have the opportunity to discontinue your use of the Website or cancel your registration if you do not wish to continue to use the Website and the Services under the new ownership. We work constantly to improve our services and develop new features. As a result, we may need to update these Terms from time to time to accurately reflect our services.
Changes to the Terms of Use: We may change the terms of this Agreement at any time, as we reasonably deem appropriate without any notice and the User shall take responsibility to update yourself with the latest version available on the HealthHOD.com. Your continued use of the Web Site and/or the Services following such notification shall constitute your affirmative acknowledgement of the Agreement, the modification and agreement to abide and be bound by the Agreement, as amended. If at any time you choose not to accept this Agreement, including following receipt of notification of any modifications hereto, then please do not use the Web Site.
Ownership Of Content: Any answer provided by Doctor/Medical Practitioner to the queries posted in the HealthHOD to such queries will become part of the HealthHOD.com public database and the sole property of HealthHOD.com.
Thus, as to all queries and any answers, User agrees that, without any compensation that HealthHOD.com will own all rights to the submitted queries and response/answers (including any intellectual property and moral rights) and will have the sole unrestricted right to use, reproduce, edit, modify, sell, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the submitted content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in the content.
Notice: Any notices or other communications that the User wish to send to HealthHOD may be addressed to us at Savioursbadge health care Pvt Limited, 303c- Kalpavriksh Foundation, krishnadass road, Jamalia, Chennai-600012. In the event of any complaints, the same shall be address to the below said Grievance Officer. The details of such officer Grievance are as below:
Name : Karunakaran
Mobile : [8500550378 -whatsapp]
Email : [support@healthhod.com]
In the event of any notice to be notice or other communications to be addressed to the User the same shall be provided at the email address of the User provided during registration.