EM Hospital (“EMH”) is the author and publisher of the internet resource www.emHealth.in. EMH owns and operates the services provided through the Website
- APPLICABILITY OF TERMS
A medical practitioner or health care provider or diagnostic lab center (whether an individual professional or an organization) or similar institution wishing to be listed, or already listed, on the Website, including designated, authorised associates of such practitioners or institutions (“Practitioner(s)”, “you” or “User”); or
A patient, his/her representatives or affiliates, searching for Practitioners or Diagnostic Centers through the Website (“End-User”,“you” or “User”); or
Otherwise a user of the Website (“you” or “User”).
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”).
- CONDITIONS OF USE
- The type of information collected from Users, including sensitive personal data or information;
- The purpose, means and modes of usage of such information;
- How and to whom EMH will disclose such information; and,
- Other information mandated by the SPI Rules.
- the fact that certain information is being collected;
- the purpose for which the information is being collected;
- the intended recipients of the information;
- the nature of collection and retention of the information; and
- the various rights available to such Users in respect of such information.
any wrong medication or treatment quality being given by the Lab/Diagnostic Centers or Practitioner(s), or any medical negligence on part of the or Lab/Diagnostic Centers or Practitioner(s);
any type of inconvenience suffered by the User due to a failure on the part of the Lab/Diagnostic Centers or Practitioner to provide agreed services or to make them available at the appointed time, no show by the Lab/Diagnostic Centers or Practitioner, inappropriate treatment, or similar difficulties;
any misconduct or inappropriate behavior by the Lab/Diagnostic Centers or Lab/Diagnostic Centers staff or Practitioner or the Practitioner’s staff;
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 Lab/Diagnostic Centers or Practitioner, whom the User has selected on the basis of the information available on the Website or with whom the User has booked an appointment through the Website.
- RIGHTS AND OBLIGATIONS RELATING TO CONTENT
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 cognisable offence or prevents investigation of any offence or is insulting any other nation.
violating or attempting to violate the integrity or security of the Website or any EMH Content;
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 EMH;
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 EMH Content or other information available from the Website;
framing or hot linking or deep linking any EMH Content.
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
EMH is unable to verify or authenticate any information provide to EMH by a User;
EMH has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User; or
EMH believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for EMH or are contrary to the interests of the Website.
- LIMITATION OF LIABILITY
provision of or failure to provide all or any service by Practitioners to End- Users contacted or managed through the Website;
any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Website;
any unauthorized access to or alteration of your transmissions or data; or
any other matter relating to the Website or the Service.
- APPLICABLE LAW AND DISPUTE SETTLEMENT
- CONTACT INFORMATION GRIEVANCE OFFICER
This Agreement applies to those services made available by EMH on the Website.
The Services may change from time to time, at the sole discretion of EMH, 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 email@example.com.
By downloading or accessing the Website to use the Services, you irrevocably accept all the conditions stipulated in this Agreement and agree to abide by them. This Agreement supersedes all previous oral and written terms and conditions (if any) communicated to you. By availing any Service, you signify your agreement to this Agreement.
We reserve the right to modify or terminate any portion of the Agreement for any reason and at any time, and such modifications shall be informed to you in writing You should read the Agreement at regular intervals. Your use of the Website following any such modification constitutes your agreement to follow and be bound by the Agreement so modified. Any additional terms and conditions, disclaimers, privacy policies and other policies applicable in general and/ or to specific areas of this Website or to particular Service are also considered as part of the Agreement.
You acknowledge that you will be bound by this Agreement for availing any of the Services offered by us. If you do not agree with any part of the Agreement, please do not use the Website or avail any Services.
Your access to use of the Website and the Services will be solely at the discretion of EMH.
The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but not limited to:
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 EMH 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.
3.1 END-USER ACCOUNT AND DATA PRIVACY
3.1.2 EMH 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 EMH’s services and to build new services.
3.1.3 The Website allows EMH to have access to registered Users’ personal email or phone number, for communication purpose so as to provide you a better way of booking appointments and for obtaining feedback in relation to the Practitioners and their practice.
3.1.6 EMH 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 EMH or to any other person acting on behalf of EMH.
3.1.7 The User is responsible for maintaining the confidentiality of the User’s account access information and password, if the User is registered on the Website. The User shall be responsible for all usage of the User’s account and password, whether or not authorized by the User. The User shall immediately notify EMH of any actual or suspected unauthorized use of the User’s account or password. Although EMH will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of EMH or others due to such unauthorized use.
3.1.8 If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or EMH has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, EMH has the right to discontinue the Services to the User at its sole discretion.
3.1.9 EMH may use such information collected from the Users from time to time for the purposes of debugging customer support related issues.
3.2 LISTING CONTENT AND DISSEMINATING INFORMATION
3.2.1 EMH collects, directly or indirectly, and displays on the Website, relevant information regarding the profile and practice of the Lab/Diagnostic Centers or Practitioners listed on the Website, such as their specialisation, qualification, fees, location, visiting hours, and similar details. EMH takes reasonable efforts to ensure that such information is updated at frequent intervals. Although EMH screens and vets the information and photos submitted by the Lab/Diagnostic Centers or Practitioners, it cannot be held liable for any inaccuracies or incompleteness represented from it, despite such reasonable efforts.
3.2.2 The Services provided by EMH or any of its licensors or service providers are provided on an "as is" and “as available’ basis, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). EMH does not provide or make any representation, warranty or guarantee, express or implied about the Website or the Services. EMH 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, EMH 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 EMH or any User in relation to any User or services provided by such User.
3.2.3 The Website may be linked to the website of third parties, affiliates and business partners. EMH has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through our Website. Inclusion of any link on the Website does not imply that EMH endorses the linked site. User may use the links and these services at User’s own risk.
3.2.4 EMH assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect User’s equipment on account of User’s access to, use of, or browsing the Website or the downloading of any material, data, text, images, video content, or audio content from the Website. If a User is dissatisfied with the Website, User’s sole remedy is to discontinue using the Website.
3.2.5 If EMH determines that you have provided fraudulent, inaccurate, or incomplete information, including through feedback, EMH reserves the right to immediately suspend your access to the Website or any of your accounts with EMH and makes such declaration on the website alongside your name/your clinic’s name as determined by EMH for the protection of its business and in the interests of Users. You shall be liable to indemnify EMH for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected EMH or its Users.
3.3 APPOINTMENT BOOKING AND INTERACTION WITH LAB/DIAGNOSTIC CENTERS OR PRACTITIONERS
3.3.1 While EMH will try to ensure a confirmed appointment for a End-User who requested an appointment on Website, EMH does not guarantee that a patient will get a confirmed appointment. Further, EMH has no liability if such appointment is confirmed but later cancelled by Practices or Practitioners or Lab/Diagnostic Centers, or the Lab/Diagnostic Centers or Practitioners are not available as per the given appointment time.
3.3.2 You understand and agree that any interactions and associated issues with other Users including but not limited to your health issues and your experiences is strictly between you and the other Users. You shall not hold EMH responsible for any such interactions and associated issues. For avoidance of doubt, EMH is not involved in providing any healthcare or medical advice or diagnosis and hence is not responsible for any outcome between you and the Lab/Diagnostic Centers or Practitioner you interact with, pursuant to any interactions on the Website. If you decide to engage with a Lab/Diagnostic Centers or Practitioner to provide medical services to you, you do so at your own risk. The results of any search you perform on the Website for Lab/Diagnostic Centers or Practitioners should not be construed as an endorsement by EMH of any such particular Lab/Diagnostic Centers or Practitioner. EMH shall not be responsible for any breach of service or service deficiency by any Lab/Diagnostic Centers or Practitioner. We cannot assure nor guarantee the ability or intent of the Lab/Diagnostic Centers or Practitioner(s) to fulfill their obligations towards you. We advise you to perform your own investigation prior to selecting a Lab/Diagnostic Centers or Practitioner.
3.3.3 Without prejudice to the generality of the above, EMH will not be liable for:
3.3.4 Further, EMH 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 remains at EMH’s sole discretion and may be modified or withdrawn at its sole discretion. EMH may moderate such feedback at any time. EMH 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 Lab/Diagnostic Centers or Practitioner from the Website.
3.4 NO DOCTOR/LAB/DIAGNOSTIC CENTER PATIENT RELATIONSHI NOT FOR EMERGENCY USE
3.4.1 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 EMH and you and does not constitute an opinion, medical advice, or diagnosis or treatment of any particular condition, but is only provided to assist you with locating appropriate medical care from a qualified practitioner.
3.4.2 It is hereby expressly clarified that, the Information that you obtain or receive from EMH, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Website is for informational purposes only. We make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, quality of work, expertise or other information provided on the Website. In no event shall we be liable to you or anyone else for any decision made or action taken by you in reliance on such information.
3.4.3 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 an ambulance service or hospital directly.
3.5 CONTENT OWNERSHIP AND COPYRIGHT CONDITIONS OF ACCESS
3.5.1 The contents listed on the Website are (i) User generated content, or (ii) belong to EMH. The information that is collected by EMH directly or indirectly from the End- Users and the Practitioners shall belong to EMH. Copying of the copyrighted content published by EMH on the Website for any commercial purpose or for the purpose of earning profit will be a violation of copyright and EMH reserves its rights under applicable law accordingly.
3.5.2 EMH authorizes the User to view and access the content available on or from the Website solely for ordering, receiving, delivering and communicating only as per this Agreement. The contents of the Website, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the Website (collectively, "EMH Content"), are the property of EMH and are protected under copyright, trademark and other laws. User shall not modify the EMH Content or reproduce, display, publicly perform, distribute, or otherwise use the EMH Content in any way for any public or commercial purpose or for personal gain.
3.5.3 User shall not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
3.6 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 Lab/Diagnostic Center or Practitioners or other healthcare professionals. The role of EMH in publishing Critical Content is restricted to that of an ‘intermediary’ under the Information Technology Act, 2000. EMH 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. EMH shall not be liable to pay any consideration to any User for re-publishing any content across any of its platforms.
4.1 LISTING POLICY
4.1.1 EMH, directly and indirectly, collects information regarding the Practitioners’ or Lab/Diagnostic Center profiles, contact details, tests and practice, and publishes these details on the Website. On a Lab/Diagnostic Center or Practitioner’s request, EMH may take down any part of such Lab/Diagnostic Center or Practitioner’s profile on the Website, provided, however, that EMH shall at no time be under any obligation to take down publicly available information about a Lab/Diagnostic Center or Practitioner, profile, contact details . All information regarding the Lab/Diagnostic Center or Practitioners’ profiles, contact details is collected for the purpose of facilitating interaction between and amongEnd-Users, members of the public and Lab/Diagnostic Center or Practitioners. If any information displayed on the Website in connection with you and your profile is found to be incorrect, you are required to inform EMH immediately to enable EMH to make the necessary amendments.
4.1.3 EMH reserves the right to moderate the suggestions made by the Lab/Diagnostic Center or Practitioners through feedback and the right to remove any abusive or inappropriate or promotional content added on the Website. However, EMH shall not be liable if any inactive, inaccurate, fraudulent, or non- existent profiles of Lab/Diagnostic Centers or Practitioners are added to the Website.
4.1.4 EMH reserves the right to publish the User information to a third party, subject to prior explicit informed consent from the User.
4.1.5 You as a Lab/Diagnostic Centers or Practitioner 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 EMH accepts no liability for the same.
4.2 REVIEWS AND FEEDBACK DISPLAY RIGHTS OF EMH
4.2.1 All Critical Content is content created by the Users of www.emhealth.in (“Website”) and the clients of EMH customers and Lab/Diagnostic Centers and Practitioners, including the End-Users. As a platform, EMH 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 EMH and other legal rights and obligations relating to the Critical Content are further detailed in Paragraphs 3.6 and 6 of these Terms. EMH’s Feedback Collection and Fraud Detection Policy, is annexed as the Schedule hereto, and remains subject always to these Terms.
4.2.2 EMH reserves the right to collect feedback and Critical Content for all the Lab/Diagnostic Centers, Practitioners, Clinics and Healthcare Providers listed on the Website.
4.2.3 EMH 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.
4.2.4 You understand that by using the Services you may be exposed to Critical Content or other content that you may find offensive or objectionable. EMH shall not be liable for any effect on Lab/Diagnostic Center or Practitioner’s business due to Critical Content of a negative nature. In these respects, you may use the Service at your own risk. EMH however, as an ‘intermediary, takes steps as required to comply with applicable law as regards the publication of Critical Content. The legal rights and obligations with respect to Critical Content and any other information sought to be published by Users are further detailed in Paragraphs 3.6 and 6 of these Terms.
4.2.5 EMH 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.
4.2.6 If EMH determines that you have provided inaccurate information or enabled fraudulent feedback, EMH reserves the right to immediately suspend any of your accounts with EMH and makes such declaration on the website alongside your name/your clinics name/your lab center name as determined by EMH for the protection of its business and in the interests of Users. You shall be liable to indemnify EMH for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected EMH or its Users.
4.3 INDEPENDENT SERVICES
Your use of each Service confers upon you only the rights and obligations relating to such Service, and not to any other service that may be provided by EMH.
5.1 As mandated by Regulation 3(2) of the IG Rules, EMH hereby informs Users that they are not permitted to host, display, upload, modify, publish, transmit, update or share any information that:
5.2 Users are also prohibited from:
6.1 EMH 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,
6.2 Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Website under the same account, a different account or re-register under a new account. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages, files and other material kept on the Website by such User. The User shall ensure that he/she/it has continuous backup of any medical services the User has rendered in order to comply with the User’s record keeping process and practices.
In no event, including but not limited to negligence, shall EMH, or any of its directors, officers, employees, agents or content or service providers (collectively, the “Protected Entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Website or the content, materials and functions related thereto, the Services, User’s provision of information via the Website, lost business or lost End-Users, even if such Protected Entity has been advised of the possibility of such damages. In no event shall the Protected Entities be liable for:
In no event shall the total aggregate liability of the Protected Entities to a User for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from this Agreement or a User’s use of the Website or the Services exceed, in the aggregate Rs. 1000/- (Rupees One Thousand Only).
User agrees to indemnify and hold harmless EMH, its affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from User’s access to or use of Service, violation of this Agreement, or infringement, or infringement by any other User of his/her/its account, of any intellectual property or other right of any person or entity. EMH will notify you promptly of any such claim, loss, liability, or demand, and in addition to your foregoing obligations, you agree to provide us with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
9.1 You agree that this Agreement and any contractual obligation between EMH and User will be governed by the laws of India.
9.2 Any dispute, claim or controversy arising out of or relating to this Agreement, including the determination of the scope or applicability of this Agreement to arbitrate, or your use of the Website or the Services or information to which it gives access, shall be determined by arbitration in India, before a sole arbitrator appointed by EMH. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be Chennai. 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.
9.3 Subject to the above Paragraph 10.2, the courts at Chennai 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.
10.1 If a User has any questions concerning EMH, the Website, this Agreement, the Services, or anything related to any of the foregoing, EMH customer support can be reached at the following email address firstname.lastname@example.org
10.2 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:
Mr. Ashok Anand
21,Mangali 1st Street, Arumbakkam, Chennai - 600 106.
Phone: +91 95668 95668 Email: email@example.com
In the event you suffer as a result of access or usage of our Website by any person in violation of Rule 3 of the IG Rules, please address your grievance to the above person.
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.
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 EMH. Any consent by EMH to, or a waiver by EMH 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.