By clicking the box indicating acceptance of these Terms, you are indicating that you have read and understood these Terms and agree that these Terms constitute a legal and binding agreement between you and Sai Siddhi Multispecialty Hospital Private Limited (hereinafter referred to as Sai Siddhi Healthcare) (“we”, “us” or “our”). If you do not understand the Terms or if these Terms or any part of these Terms is not acceptable to you, please do not access or use the Service or any part thereof. In these Terms, “you” / “yours” / “yourself” denotes the natural person who accesses/uses the Service or any part thereof.
We reserve the right to update or modify these Terms at any time in our sole discretion without any prior notice to you. If we update or modify these Terms, we will post the revised version of these Terms on the Website / App and such revision shall become effective immediately on such posting. It is your responsibility to review these Terms periodically for updates/modifications. Your continued access or use of any of the Service after any revision becomes effective shall be deemed to constitute your acceptance and agreement to be bound by the revised Terms.
ELIGIBILITY & REGISTRATION
The access/use of the Service is meant only for persons who are competent to contract as per the Indian Contract Act, 1872. If you are not ‘competent to contract’ as per the aforementioned law (i.e. if you have not attained age of 18 years according to the law to which you are subject, if you are not of sound mind or if you are disqualified from contracting by any law to which you are subject), you should not register or access/use the Service or any part thereof. If the law applicable to you does not allow you to receive the Services in your territory, you should not use this Service. If you are the parent/legal guardian/authorised person acting on behalf of a patient, you should disclose the same to us and by registering with us or accessing/using the Service on behalf of your ward, you affirm that you have the full and proper authority to represent the patient and accept these Terms on his/her behalf.
To avail of all the features of the application, you must download the App from ‘Google Play’ or ‘Apple Store’ (which are third-party applications, the use and access of which will be subject to Google’s Terms of Service or Apple’s Terms and Conditions respectively) and install the App onto your communication device.
Once you successfully install the App on your communication device, you may be required to authenticate your identity using a one-time password (“OTP”) as a confirmation code, which will be transmitted to your mobile number provided to us when you seek to register with us through the short message service (“SMS”). If you cannot provide the OTP when required to do so or the authentication through the OTP fails, you may not be able to register with us and/or avail of the Service.
You may not use anyone else’s account at any time. You understand that anyone with access to your communication device may use your account and therefore, you should ensure that you have appropriate security measures on your communication device to prevent unauthorized use of your account with the Service. You will be solely responsible for any and all activities that occur under your account with us and we will not be liable for any loss or damage that may occur as a result of someone else using the Service through your account with us or obtaining your personal information from your communication device, either with or without your knowledge. If you become aware of any unauthorized use of your account with us, please notify us by e-mail, at @ saisiddhihospital2019@gmail and we will initiate action to stop further access under the said account.
We reserve the right to terminate your registration and/or refuse to register you or to provide you with access to the Service, without notice, if we have reasonable cause to believe that you are in violation of or are likely to violate these Terms.
GRANT OF LICENSE & RESERVATION OF RIGHTS
We grant you a non-exclusive, personal, non-transferable, revocable, right and licence, subject always to these Terms to access/use the Service solely for your personal, non-commercial use.
Except for the limited rights and license granted to you by these Terms, all rights in the Service (including all intellectual property rights therein or underlying the same, including in the Website and the App) are reserved by us.
Not for Medical Emergencies & Not a replacement for your Primary Care Physician
The Service we provide is NOT for medical emergencies, for life threatening conditions or for when you need acute care. You should not disregard or delay to seek medical advice from your physician based on anything that appears or is provided to you by or through the Service.
The consultation provided to you by medical practitioners through the Communication Tools are not intended to replace your relationship with primary care physician and you should continue to consult with your primary care physician and other health care professionals as needed / recommended. You should seek emergency help or follow-up care when recommended by a medical practitioner or when you are of the opinion that such help or care is prudent in your sole opinion.
LIMITATIONS OF ONLINE CONSULTATION AND INFORMED CONSENT
When you seek consultation with any medical practitioner using the Communication Tools made available through the Service, you understand the limitations and potential risk of online consultations, including but not limited to the inability to carry out a physical examination or other extensive investigations; delays or failure arising from the disruption of communication devices or Communication Tools; the insufficient quality of information transmitted online, lack of access to your medical records or medical history amongst others and the inherent risks of breach of privacy associated with sharing your sensitive personal information or medical information through the Communication Tools. You take full responsibility for ensuring that any information you submit is complete and accurate and understand that the medical practitioner relies solely on information provided by you. We shall not be responsible for any errors in transmission or for the corruption or compromise of any information communicated by you.
Without prejudice to the above, a medical practitioner may, in his or her sole discretion and professional judgment, determine that the online consultations through the Service are not appropriate for some or all of your needs and, accordingly, may elect not to provide services to you through the Service.
You agree not to use the Website or App to host, display, upload, modify, publish, transmit, update or share any information:
That belongs to another person and to which you do not have any right;
That is grossly harmful, harassing, blasphemous defamatory, abusive, obscene, pornographic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;
That infringes any patent, trademark, copyright or other proprietary rights;
That violates any law or regulation;
That deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
That impersonates another person or falsely states or otherwise misrepresents an affiliation with a person;
That contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or
That 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.
YOUR DATA AND INFORMATION
Notwithstanding anything contained in these Terms, you hereby permit us to store all information you transmit or share using the Communication Tools (including your patient / medical records) and to share the same with medical practitioners who you consult with to enable them to render their medical services to you.
INTELLECTUAL PROPERTY RIGHTS
You acknowledge and agrees that the materials related to the Service and all its various components on the App or the Website is solely owned by Sai Siddhi Healthcare. Except your personal data and information, all information, content and material contained on the Website, the App and/or Service is our intellectual property. No information, content or material from any part of the Service may be copied, reproduced, republished, uploaded, recorded, posted, transmitted or distributed in any way (including by using any automated programs, software, or any other method of screen scraping), except for your personal and non-commercial use, without our express written permission.
NOTIFICATION OF CHANGES
We reserve the sole and complete discretion with respect to the operation of the Service and we may add, modify, suspend or discontinue any functionality or feature of the Service or any of the services provided by us without any notice to you.
PATIENT NO-SHOW POLICY
Our Patient No-Show (PNS) policy has been put in place to ensure timely healthcare for everyone using our App or website. Here, Patient No-Show means a patient hasn’t turned up on time for an appointment booked through our app or website without cancelling or rescheduling.
Every PNS captured on the App or website is dealt with seriousness based on past patient behaviour. No refund shall be provided in case of PNS. This is done in order to ensure patients understand the importance of a doctor’s time and not misuse the convenience provided by us.
At the third valid instance of PNS in last 12 months, patient’s account will be temporarily disabled from booking further online appointments on the app or website for next 4 months. However, the user can continue to call the Hospital to get an appointment.
Disclaimer of Warranties
You expressly acknowledge and agree that your use of the service is solely at your own risk and that you assume full responsibility for all risks associated therewith. All information, products or services contained on or provided through the service are provided “as is”, without any warranty of any kind, express or implied. We do not make any warranty or representation as to the quality, quantity, potency, purity, standard, nature or manner of performance of any of the information, products or services contained on or provided through the service. We hereby disclaim, to the maximum extent permitted by applicable law, all representations and warranties, express or implied, statutory or otherwise, including but not limited to warranties title, non-infringement, reliability, accuracy, completeness, timeliness or that the availability of the service will be uninterrupted, timely, secure, or error free.
LIMITATION & EXCLUSION OF LIABILITY
In no event we will be liable for any direct, indirect, special, incidental, punitive, exemplary or consequential damages, whether or not we have been warned of the possibility of such damages. The platform is controlled and offered by Sai Siddhi Healthcare. Sai Siddhi Healthcare makes no representations or warranties that the platform is appropriate for use in other locations. Those who access or use the platform from other jurisdictions do so at their own volition and risk and are responsible for compliance with local law.
You are solely responsible for all the information you 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. To this extent, you hereby waive doctor-patient confidentiality and expressly authorise us to review all information you transmit or share using the Communication Tools. 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.
GOVERNING LAW AND JURISDICTION
The interpretation of these Terms and the resolution of any dispute relating to your access or use of the Service shall be governed by the laws of India. If any action or other proceeding is brought on or in connection with these Terms or your access or use of the Service, the place of jurisdiction of such action shall be exclusively at Gurgaon to the exclusion of any other court that may otherwise have had such jurisdiction in the matter.