Ace Business Consultants (“Ace”) is the author and publisher of the internet resource www.healthhelp.in and the mobile application ‘Acer’ (together, “Website”). Ace owns and operates the services provided through the Website.Ace Business Consultants (“Ace”) is the author and publisher of the internet resource www.healthhelp.in and the mobile application ‘Acer’ (together, “Website”). Ace owns and operates the services provided through the Website.
• 1. APPLICABILITY OF TERMS
The Agreement applies to you whether you are –
i. A patient, his/her representatives or affiliates, searching for Practitioners through the Website (“End-User”, “you” or “User”); or
ii. Otherwise a user of the Website (“you” or “User”).
This Agreement applies to those services made available by Ace on the Website, some of which are offered free of charge to the Users (“Services”), including the following:
iii. For Users: Facility to (i) create and maintain ‘Health Accounts’, (ii) search for Practitioners by name, specialty, and geographical area, or any other criteria that may be developed and made available by Ace over a period of time.
iv. The Services may change from time to time, at the sole discretion of Ace, 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.
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 updated on the website. 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.
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 of any Services. Your access to the use of the Website and the Services will be solely at the discretion of Ace. The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but not limited to:
v. The Indian Contract Act, 1872,
vi. The (Indian) Information Technology Act, 2000, and
vii. The rules, regulations, guidelines, and clarifications framed thereunder, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules.
• 2. CONDITIONS OF USE
You must be 18 years of age or older to register, use the Services, or visit or use the Website in any manner. By registering, visiting, and using the Website or accepting this Agreement, you represent and warrant to Ace 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.
o 3.1 END-USER ACCOUNT AND DATA PRIVACY
3.1.2 Ace 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 Ace’s services and to build new services.
3.1.3 The Website allows Ace to have access to registered Users’ personal email or phone number, for communication purposes for obtaining feedback in relation to the Practitioners and their practice.
i. The type of information collected from Users, including sensitive personal data or information;
ii. The purpose means and modes of usage of such information;
iii. How and to whom Ace will disclose such information; and,
iv. Other information mandated by the SPI Rules.
i. The fact that certain information is being collected;
ii. The purpose for which the information is being collected;
iii. The intended recipients of the information;
iv. The nature of collection and retention of the information; and
v. The various rights available to such Users in respect of such information.
3.1.6 Ace 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 Ace or to any other person acting on behalf of Ace.
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 Ace of any actual or suspected unauthorized use of the User’s account or password. Although Ace will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Ace or such other parties as the case may be, due to any unauthorized use of your account.
3.1.8 If a User provides any information that is untrue, inaccurate, not current or incomplete, or Ace has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Ace has the right to discontinue the Services to the User at its sole discretion.
3.1.9 Ace may use such information collected from Users from time to time for the purposes of debugging customer support related issues.
o 3.2 RELEVANCE ALGORITHM
Ace lists the Practitioners, their profile, and information regarding their Practice on its Website. These listings of Practitioners do not represent any fixed objective ranking or feedback by Ace. Ace will not be liable for any change in the relevance of the Practitioners on search results, which may take place from time to time. Ace in no event will be held responsible for the accuracy and the relevancy of the listing order of the Practitioners on the Website.
3.3 LISTING CONTENT AND DISSEMINATING INFORMATION
3.3.1 Ace collects, directly or indirectly, and displays on the Website, relevant information regarding the profile and practice of the Practitioners listed on the Website, such as their specialization, qualification, fees, location, visiting hours, and similar details.
Ace takes reasonable efforts to ensure that such information is updated at frequent intervals. Although Ace screens and vets the information and photos submitted by the Practitioners, it cannot be held liable for any inaccuracies or incompleteness represented from it, despite such reasonable efforts.
3.3.2 Ace 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, Ace 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 Ace or any User in relation to any User or services provided by such User.
3.3.3 The Website may be linked to the website of third parties, affiliates, and business partners. Ace 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. The inclusion of any link on the Website does not imply that Ace endorses the linked site. Users may use the links and these services at the User’s own risk.
3.3.4 Ace 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, the User’s sole remedy is to discontinue using the Website.
3.3.5 If Ace determines that you have provided fraudulent, inaccurate, or incomplete information, including through feedback, Ace reserves the right to immediately suspend your access to the Website or any of your accounts with Ace and makes such declaration on the website alongside your name/your clinic’s name as determined by Ace for the protection of its business and in the interests of Users. You shall be liable to indemnify Ace for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected Ace or its Users.
• 3.4 Users are allowed to provide feedback about their experiences with the Practitioner, however, the User shall ensure that the same is provided in accordance with applicable law. The user, however, understands that Ace shall not be obliged to act in such manner as may be required to give effect to the content of User’s feedback, such as suggestions for delisting of a particular Practitioner from the Website.
o 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 Ace. The information that is collected by Ace directly or indirectly from the End- Users and the Practitioners shall belong to Ace. Copying of the copyrighted content published by Ace on the Website for any commercial purpose or for the purpose of earning profit will be a violation of copyright and Ace reserves its rights under applicable law accordingly.
3.5.2 Ace 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, “Ace Content”), are the property of Ace and are protected under copyright, trademark, and other laws.
User shall not modify the Ace Content or reproduce, display, publicly perform, distribute, or otherwise use the Ace Content in any way for any public or commercial purpose or for personal gain.
3.5.3 Users 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 Practitioners or other healthcare professionals. The role of Ace in publishing Critical Content is restricted to that of an ‘intermediary’ under the Information Technology Act, 2000.
Ace 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. Ace 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 IG Rules and SPI Rules.
Ace, 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 Ace 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 Ace’s services; and/or
i. Obtaining feedback in relation to any Practitioners listed on the Website; and/or
ii. Resolving any complaints, information, or queries by Practitioners regarding your Critical Content; You agree to provide your fullest co-operation further to such communication by Ace. Ace’s Feedback Collection and Fraud Detection Policy, is annexed as the Schedule hereto and remains subject always to these Terms.
The terms in this Clause 4 are applicable only to Practitioners.
o 4.1 LISTING POLICY
4.1.1 Ace, directly and indirectly, collects information regarding the Practitioners’ profiles, contact details, and practice. Ace reserves the right to take down any Practitioner’s profile as well as the right to display the profile of the Practitioners, with or without notice to the concerned Practitioner. This information is collected for the purpose of facilitating interaction with the End-Users and other Users.
If any information displayed on the Website in connection with you and your profile is found to be incorrect, you are required to inform Ace immediately to enable Ace to make the necessary amendments.
4.1.2 Ace shall not be liable and responsible for the rating of the Practitioners on external websites and search engines.
4.1.3 Ace shall not be responsible or liable in any manner to the Users for any losses, damage, injuries or expenses incurred by the Users as a result of any disclosures or publications made by Ace, where the User has expressly or implicitly consented to the making of disclosures or publications by Ace.
4.1.4 Ace reserves the right to moderate the suggestions made by the Practitioners through feedback and the right to remove any abusive or inappropriate or promotional content added on the Website. However, Ace shall not be liable if any inactive, inaccurate, fraudulent, or non- existent profiles of Practitioners are added to the Website.
4.1.5 Practitioners explicitly agree that Ace reserves the right to publish the Content provided by Practitioners to a third party including content platforms.
4.1.6 You as a 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 Ace accepts no liability for the same.
o 4.2 REVIEWS AND FEEDBACK DISPLAY RIGHTS OF ACE
4.2.1 All Critical Content is content created by the Users of www.healthhelp.in (“Website”) and the clients of Ace customers and Practitioners, including the End-Users. As a platform, Ace 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 Ace and other legal rights and obligations relating to the Critical Content are further detailed in Clause 5 of these Terms. Ace’s Feedback Collection and Fraud Detection Policy, is annexed as the Schedule hereto and remains subject always to these Terms.
4.2.2 Ace reserves the right to collect feedback and Critical Content for all the Practitioners, Clinics, and Healthcare Providers listed on the Website.
4.2.3 Ace 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. Ace shall not be liable for any effect on the Practitioner’s business due to the Critical Content of a negative nature. In these respects, you may use the Service at your own risk. Ace, 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 Clause 5 of these Terms.
4.2.5 If Ace determines that you have provided inaccurate information or enabled fraudulent feedback, Ace reserves the right to immediately suspend any of your accounts with Ace and makes such a declaration on the website alongside your name/your clinics name as determined by Ace for the protection of its business and in the interests of Users.
o 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 Ace.
o 4.4 ACE REACH RIGHTS
Ace reserves the rights to display sponsored ads on the Website. These ads would be marked as “Sponsored ads”. Without prejudice to the status of other content, Ace will not be liable for the accuracy of the information or the claims made in the Sponsored ads. Ace will not be liable for the services of the providers of the Sponsored ads.
You represent and warrant that you will use these Services in accordance with applicable law. Any contravention of applicable law as a result of your use of these Services is your sole responsibility, and Ace accepts no liability for the same.
• 5. RIGHTS AND OBLIGATIONS RELATING TO CONTENT
o 5.1 As mandated by Regulation 3(2) of the IG Rules, Ace hereby informs Users that they are not permitted to host, display, upload, modify, publish, transmit, update or share any information that:
i. belongs to another person and to which the User does not have any right to;
ii. Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, or otherwise unlawful in any manner whatever;
iii. Infringes any patent, trademark, copyright, or other proprietary rights;
iv. Violates any law for the time being in force;
v. Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
vi. Impersonate another person;
o 5.2 Users are also prohibited from:
1 violating or attempting to violate the integrity or security of the Website or any Ace Content;
2 Intentionally submitting on the Website any incomplete, false, or inaccurate information;
3 Making any unsolicited communications to other Users;
4 Using any engine, software, tool, agent, or other device or mechanism to navigate or search the Website;
5 Attempting to decipher, decompile, disassemble or reverse engineer any part of the Website;
6 Copying or duplicating in any manner any of the Content or other information available from the Website;
7. Framing or hotlinking or deep linking any Ace Content.
8 Circumventing or disabling any digital rights management, usage rules, or other security features of the Software.
5.3 Ace, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information as mentioned above, shall be entitled to disable such information that is in contravention of Clauses 5.1 and 5.2. Ace shall also be entitled to preserve such information and associated records for production to governmental authorities for investigation purposes.
5.5 Ace 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. Ace respects the intellectual property rights of others and do not hold any responsibility for any violations of any intellectual property rights
6.1 Ace 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,
I Such User breaches any terms and conditions of the Agreement;
2 A third party reports a violation of any of its right as a result of your use of the Services;
3 Ace is unable to verify or authenticate any information provide to Ace by a User;
4 Ace has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User; or
5 Ace believes in its sole discretion that User’s actions may cause legal liability for such User, other Users, or for Ace or are contrary to the interests of the Website.
• 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.
• 7. LIMITATION OF LIABILITY
In no event, including but not limited to negligence, shall Ace, 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:
ii. Any content posted, transmitted, exchanged, or received by or on behalf of any User or other person on or through the Website;
iii. Any unauthorized access to or alteration of your transmissions or data; or
iv. Any other matter relating to the Website or the Service.
In no event shall the total aggregate liability of the Protected Entities to a User for all damages, losses, and causes of action ( 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. 500/- (Rupees Five Hundred Only).
• 8. RETENTION AND REMOVAL
Ace may retain such information collected from Users from its Website or Services for as long as necessary, depending on the type of information; purpose, means, and modes of usage of such information; and according to the SPI Rules. Computer web server logs may be preserved as long as administratively necessary.
• 9. APPLICABLE LAW AND DISPUTE SETTLEMENT
o 9.1 You agree that this Agreement and any contractual obligation between Ace and User will be governed by the laws of India.
o 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 Mumbai, before a sole arbitrator appointed by Ace. The arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be Mumbai. 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.
o 9.3 Subject to the above Clause 9.2, the courts at Mumbai 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. CONTACT INFORMATION GRIEVANCE CELL
o 10.1 If a User has any questions concerning Ace, the Website, this Agreement, the Services, or anything related to any of the foregoing, Ace customer support can be reached at the following email address: firstname.lastname@example.org.
o 10.2 In accordance with the Information Technology Act, 2000, and the rules made thereunder, if you have any grievance with respect to the Website or the service, including any discrepancies and grievances with respect to the processing of information, you can mail to our Grievance Cell at email@example.com
• 11. 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.
• 12. 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 Ace. Any consent by Ace too, or a waiver by Ace 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.