The terms and conditions of this agreement is binding between Eva Consultancy Services(Hereinafter referred to as "Eva", "Company") which expression shall unless repugnant to the context or contrary to the meaning thereof shall mean and include its heirs, successors, administrators, executors, assigns, etc.) having its registered office at 2,Shree Apt, 56-Samarth Nagar,Nashik 422005 is the owner of the website DFH (Hereinafter referred to as the "website","DFH") and You , as an User of Website and Services i.e. www.doctorfromhome.in OR www.doctorfromhome.com(Hereinafter referred to as the "User" "You" which expression shall unless repugnant to the context or contrary to the meaning thereof shall mean and include his/her/their heirs, successors, administrators, executors, assigns, etc.)
Eva requests You to please read these Terms carefully and do not click "sign up" "Accept terms" or continue the use of the Website, System and Service unless You agree fully with Terms and conditions mentioned below. If you [register with our website, submit any material/data/information to our website or use any of our website services], we will ask you to expressly agree to these terms and conditions and By clicking "sign up" or "Accept terms" tab at the time of registration, or by entering into an agreement with Eva to provide committed services as set out in these Terms, or through the continued use of the System and/or Services, or by Accessing the System and/or Services through any medium, including Desktop computer,Laptop,mobile phones, smart phones and tablets.
None of the Site content (other than information you receive from Professionals) should be considered medical advice or an endorsement, representation or warranty that any particular medication or treatment is safe, appropriate, or effective for User.
All of the Professionals who deliver Services through Eva Consultancy are independent professionals solely responsible for the services each provides to you. (Eva Consultancy Services) does not practice medicine or any other licensed profession, and does not interfere with the practice of medicine or any other licensed profession by the Health Service Providers, each of whom is responsible for his or her services and compliance with the requirements applicable to his or her profession and license. Neither DFH nor any third parties who promote the Services or provide you with a link to the Service shall be liable for any professional advice you obtain from a Professionals via the ServicesA. USE OF THE SITE.
*****You must be at least 18 years of age to use our website; by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.
The Eva through their Website www.doctorfromhome.in OR www.doctorfromhome.com is required to comply with the health care privacy and security laws and maintain safeguards to protect the security of health information of the User and the information provided by the User to their Health Care Professionals during a video consultation session is legally confidential.
That the User should provide the Personal and other information("Data") whichever is required and asked by the Professional for giving better services to User.. Personal Information of the User shall include:-
(i) Full Name, (ii) Gender, (iii) Birth date, (iv) Email address, (v) Login ID and password, (vi) financial information such as Bank account or credit card or debit card or other payment instrument details ; and the other information shall includes:- i) physical, physiological and mental health condition(ii) medical records and history, (iii) home address, (iv) contact number.
****Eva may also collect information from User through the Website when User visit and /or use the Website. Such information may be stored in server logs. Master and transaction data and other data stored in Your user account, Internet Protocol address, browser type, browser language, referring URL, files accessed, errors generated, time zone, operating system and other visitor details collected in Our log files,
(i) by registering on website:
(ii) by creating profile by user on Website
(iii) by providing information by User to Eva
(iv) When User use the features on DFH and/or when User uses Services,
(v) When User accesses Website or Services,
(vii)By Video calling and Video consulting
(Viii) By prescription provided by the Health care professionals
(i) In order to permit the User to use the Website and utilize the Services. For instance, User may provide health related information on the Website in order to consult privately with Professionals, or User may provide financial information in order to process a payment which User need to make on the Website.
(ii) to respond to inquiries of User;
(iii) to provide User with information about products and services available on the Website;
(iv) to personalize User experience on the Website;
(v) to help User address their problems incurred on the Website including addressing any technical problems;
(vi) for proper administering of the Website;
(vii) to conduct internal reviews and data analysis for the Website (e.g., to determine the number of visitors to specific pages within the Website);
(viii) to improve the services, content and advertising on the Website;
(ix) to protect the integrity of the Website; and
(x) to respond to judicial process and provide information to law enforcement agencies or in connection with an investigation on matters related to public safety, as permitted by law.
(xi) to conduct analytical studies on various aspects including user behaviour, user preferences etc
(xii) to make disclosures as may be required under applicable law.
5.2. User acknowledges that some countries where Eva may transfer User Information may not have data protection laws which are as stringent as the laws of User's own country.
6.2. While Eva will endeavour to take all reasonable and appropriate steps to keep secure any information which Eva hold about User and prevent unauthorized access, User acknowledges that the internet is not 100% secure and that Eva cannot provide any absolute assurance regarding the security of User's Personal Information. Neither Eva nor any of the Professionals on DFH will be liable in any way in relation to any breach of security or unintended loss or disclosure of information caused by Eva in relation to User's Personal Information.
******The Websites may contain links to other third party sites. The third party sites are not under the control of Eva. Please note that Eva is not responsible for the privacy practices of such third party sites. Eva encourages User to be aware when User leaves the Websites and to read the privacy policies of each and every third party site that collects personal information. If User decide to access any of the third-party sites linked to the Websites, User do this entirely at User's own risk. Any links to any partner of the Websites is the responsibility of the linking party, and Eva shall not be responsible for notification of any change in name or location of any information on the Websites.
If the Personal Information of User changes, or if User need to update or correct Personal Information or have any grievance with respect to the processing or use of Personal Information, for any reason, User may send updates and corrections to Eva at firstname.lastname@example.org and Eva will take all reasonable efforts to incorporate the changes within a reasonable period of time. If Personal Information of User is stored as part of User's profile on the Website, User can update profile on the profile pages of the Websites.
User Accounts. The Website is accessible to visitors / non-registered users, registered users and health Care Professionals. When User registers on the Site, Users are required to create an account by entering name, email address, password and certain other information collected by www.doctorfromhome.in OR www.doctorfromhome.com("Account Information").
"Registered Users" are users who registered themselves on the Website by providing with certain information and who can log on to the Website by providing their username and password.
"Non-Registered Users" are users who are not registered with the Website but may access information on the Website. Certain features of the Website are available to Registered Users only.
The terms Registered User or a Non-Registered User referred to as "You", "User" and the terms Eva Consultancy Services referred to as 'Eva' 'Company',
Health Care Professionals" are duly qualified members of medical professionals with whom Registered Users can book appointment using the Website or who can provide information to questions raised by Registered Users or with whom Registered Users can consult privately with respect to their queries.
"Labs" are registered laboratories or clinical laboratories where tests are done by collecting patient samples from Registered Users in order to obtain information about the health of a patient as pertaining to the diagnosis, treatment, and prevention of disease.
1.1 To access to Health Care Professionals Profiles, information shared by Health Care Professionals at the time of registering with the Website, the Health Care Professionals profile containing their name, qualification, experience, specialization, consultant fees, personal statement, education, professional memberships etc. The Website offers various search features to aid User in accessing Health Care Professionals profiles.
1.2 To check availability of Health Care Professionals for appointment and to schedule appointment with Health Care Professionals
1.3 To interact with Health Care Professionals privately as video consultation feature available on the Website or via other communication feature which the Website may provide after paying consultation fee.
1.4 To obtain preliminary information from Health Care Professionals to a health related question or User may ask any health related question on the Website and obtain preliminary information from a Health Care Professionals. ****You may access the information provided by a Health Care Professionals to questions submitted by other Registered Users on the Website.
1.5 The User may schedule a sample pick-up at your home, which will be used by a Lab to conduct a Lab Test and share the results of such Lab Test through the Website.2. USER DO HEREBY AGREES AND UNDERSTAND THAT:-
2.1 Users are 18 years of age or older and that Your use of the Website shall not violate any applicable law or regulation;
2.2 All registration information submitted by the users is truthful and accurate and that You agree to maintain the accuracy of such information;
2.3 You as a Registered or Non-Registered User will use the Website solely for the personal and non-commercial use. Any use of this Website or its content other than for personal purposes is prohibited.
2.4 User will not delete or modify any content of the Website including, legal notices, proprietary notices such as copyright or trademark symbols, logos, not decompile, reverse engineer, or disassemble the content, or will not remove any copyright, trademark registration, or other proprietary notices from the Website. User further agrees not to access or use this Website in any manner that may be harmful to the operation of this Website or its content.
2.5 User will not use the Website and / or services in any way that is unlawful, or harms the Company or any other person or entity, as determined in the Company's sole discretion.
2.6 User will not engage in any form of antisocial, disrupting, or destructive acts, including "flaming", "spamming", "flooding", "trolling", "phishing" as those terms are commonly understood and used on the Internet. And will not host, display, upload, modify, publish, transmit, update or share any information to which the user does not have any right
2.7 The User will not use the information which is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, 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 whatever;
2.8 User will not use the website to harm minors in any way;
2.9 User will not use the website or information to infringes any patent, trademark, copyright or other proprietary rights(s), violates any law for the time being in force;
2.10 User will not use the website or information which 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.
2.11 The User further understand and agree that any interactions and associated issues with the Health Care Professionals on the Website, is strictly between User and the Health Care Professionals and Eva shall not be hold responsible for any such interactions and associated issues between the User and The Health care professionals.
2.12 It is further agreed and understand by the User that Eva is not involved in the providing any healthcare or medical advice or diagnosis and hence is not responsible for any outcome between User and the Health Care Professionals.
2.13 The User decide to engage with a Health Care Professionals to provide medical services from the website, the User does so at his/her own risk.
2.14 The results of any search that User perform on the Website for HEALTH CARE Professionals, or provision of access to any Health Care Professionals on the basis of Your specific request, should not be construed as endorsement by this Website of any such particular Health care Professionals. We make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, quality of work, expertise of the Health care Professionals. The search results are based on an object computer algorithm.
2.15 Eva shall not be responsible for any breach of service or service deficiency by any Health Care Professionals.
2.16 Eva neither assures about all transactions on the Website will be completed nor do guarantee about the ability or intent of Health Care Professionals to fulfil their obligations in any transaction. Eva advises User to perform your own investigation before selecting a Health Care Professionals.
2.17 You may use the Website to order Lab Tests from Labs. The Website allows You to schedule a time for a home sample collection and pay the corresponding Lab Test fee. If you cancel a Lab Test order prior to the sample collection, you will receive a full refund of the Lab Test fee. If you cancel a Lab Test after the sample collection, you will receive a refund for the Lab Test fee, less the applicable collection service charge.
2.18 You understand and agree that any interactions and associated issues with the Lab, Lab tests on the Website, are strictly between You and the Lab. You shall not hold Eva responsible for any such interactions and associated issues. If User decides to engage with a Lab to provide lab or diagnostic services to User, the User does so at his/her own risk.
2.19 Eva makes no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, quality of work, or expertise of any Lab. Eva shall not be responsible for any breach of service or service deficiency by any Lab.
2.20 We can neither assure that all transactions on the Website will be completed nor do we guarantee the ability or intent of a Lab to fulfil their obligations in any transaction. We advise You to perform Your own investigation prior to ordering a Lab Test.
2.21 The content provided by the Website, either by Eva or by Health Care Professionals, is only provided to assist User with locating appropriate medical care from a qualified practitioner and should not be construed under any circumstances to be an opinion, medical advice, or diagnosis or treatment of any particular condition, but If the User rely on any of the Information provided by the Website, User does so solely at his/her own risks. The Information that You obtain or receive from doctorfromhome.in, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Website is for informational and scheduling purposes only. In no event shall Eva be liable to User or anyone else for any decision made or action taken by User in reliance on such information. Eva through DFH hereby grant to User a limited, non-exclusive, non-transferable right to access the website and use the Services solely for your personal non-commercial use.
2.22 Eva reserves the right, in its sole discretion, to deny or suspend use of the Site or Services to anyone for any reason. User agrees that User will not, and will not attempt to: (a) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (b) use the Site or Services to violate any local, state, national or international law; (c) reverse disassemble, decompile, or translate any software or other components of the Site or Services; (d) distribute viruses or other harmful computer code through the Site or (e) otherwise use the Services or Site in any manner that exceeds the scope of use granted above.
2.23 In addition, User agrees to refrain from abusive language and behaviour which could be regarded as inappropriate, or conduct that is unlawful or illegal, when communicating with Health Care Professionals through the Site and to refrain from contacting Health Care Professionals for video consulting services outside of the Site.
2.24 Eva is not responsible for any interactions with Health Care Professionals that are not conducted through the Site. Eva strongly recommends that User do not use the Services on public computers. Eva also recommends that User do not store your Account password through your web browser or other software.3. ROLE OF EVA
3.1 The role of Eva is limited. Eva through their website www.doctorfromhome.in OR www.doctorfromhome.com provides a platform for hosting and publishing User Content, Lab Content and Health Care Professionals
3.2 Eva Provides only a platform for Registered Users to raise their health related problems, questions and Health Care Professionals to provide preliminary information to the questions asked by the Users. And to provide a platform for Registered Users to order Lab Tests and facilitating collection and disbursal of consultation and service fees for HEALTH CARE Professionals and Labs.
3.3 Role of Eva is that of an 'intermediary' as defined under the Information Technology Act, and the rules there under. Being an intermediary, Eva has no responsibility and / or liability in respect of the content and transactions on the Website including any User Content, Lab Content or Health Care Professionals Content, information provided by Health Care Professionals or Labs, interactions between Health Care Professionals and Labs on the one hand and Users on the other hand.
3.4 Eva does not liable to observe User information, Lab Content or Health Care Professionals Content at any time. However, Eva may elect to monitor any User Content or Health Care Professionals content and remove any User Content and Health Care Professionals content from the Website. if such User Content and/or Health Care Professionals content is in violation of this terms or any applicable law and best practices Eva regulates in its sole discretion to remove any User Content or Health Care Professionals content from the Website, Eva will make reasonable efforts to inform the User or Health Care Professionals who had posted such User Content or Health Care Professionals content respectively. Such actions do not in manner negate or dilute Eva's position as an intermediary or impose any liability on Eva with respect to User Content and/or Health Care Professionals content.
3.5 If any illegal, wrongful or fraudulent activity is observed on the Website by any Registered User, Lab or Health Care Professionals, notwithstanding any other rights Eva reserves the right to inform the relevant government or law enforcement authorities about the same. Eva will cooperate in all investigative procedures or requests for access / information initiated by any such government or law enforcement authorities.4. Use by Non-Registered User
Eva will provide You with lists and/or profile previews of HEALTH CARE Professionals based on information that You provide to the Website's search features (such as area of specialty and geographical location). Please note that Eva (i) does not recommend or endorse any HEALTH CARE PROFESSIONALS mentioned on the Website; and (ii) does not make any representations or warranties with respect to these HEALTH CARE PROFESSIONALS or the quality of the healthcare services they may provide5. LINKS TO THIRD PARTY WEBSITES
5.1 User may be provided with links on the Website that direct User to third party websites / applications / content or service providers, including advertisers and e-commerce websites (collectively "Third Party Websites").
5.2 Eva does not endorse any Third Party Websites that User may be directed to from the Website.
6.1 The contents listed on the Website are (i) User generated content, or (ii) belong to Eva. The information that is collected by Eva directly or indirectly from the End- Users and the Practitioners shall belong to Eva Copying of the copyrighted content published by Eva on the Website for any commercial purpose or for the purpose of earning profit will be a violation of copyright and Eva reserves its rights under applicable law accordingly.
6.2 Eva 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, "Content"), are the property of Eva and are protected under copyright, trademark and other laws. User shall not modify the Content or reproduce, display, publicly perform, distribute, or otherwise use the Content in any way for any public or commercial purpose or for personal gain.
6.3 User shall not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.7. INDEMNIFICATION
User hereby indemnify, defend, and hold Eva, the Eva's distributors, agents, representatives and other authorized users respective officers, directors, owners, employees, agents, representatives, harmless from and against any and all losses, damages, liabilities and costs arising from use of the Website or breach of any of the provisions of this Agreement by the User8. TERMINATION
8.1 Eva reserves the right, to suspend and / or terminate Your user account and/or access to the Website by blocking IP address or email id with of the User or without notice to User in the event Eva finds out in its sole discretion that User breached the Agreement,
8.2 Any suspected illegal, fraudulent or abusive activity may be grounds for suspending and / or terminating User account and/or User access to the Website. Upon suspension or termination, User's right to use the features on the Website shall immediately cease and the Company reserves the right to remove or delete User's information that is available with the Company, including but not limited to login and account information.
8.3 Upon user account termination or suspension, regardless of the reasons therefore, User's right to use the Website, User Content, Health Care Professional Content or Eva Content immediately ceases, and You acknowledge and agree that Eva may immediately deactivate or delete Your account and all related information and files available in the account of User and/or bar any further access to such files or this site. Eva shall not be liable to User or any third party for any claims or damages arising out of any termination or suspension of user account or any other actions taken by Eva in connection with such account termination or suspension.
8.4 User may deactivate his/her account and end registration at any time, for any reason by sending an email to email@example.com, Eva reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the Site pursuant to its internal record retention and/or content destruction policies. After such termination.9. MODIFICATIONS
9.1 Eva reserves the right to modify any part of the Agreement at any time without giving prior notice to User.
9.2 When Eva update the Agreement, the Website will provide a message to you (which may be sent by email if You have provided Your Email Id) which will intimate User about the amendments. If User does not agree to the amendments; please does not use the Website any further.10. DISPUTES
Any disputes arising under this Agreement shall be governed by the laws of India.11. GRIEVANCE OFFICER
Eva has appointed a ***Grievance Officer to address any problems or grievances that User may have regarding the processing of Personal Information of User. If User has any such grievances, please write to Our Grievance Officer at firstname.lastname@example.org, and Eva will attempt to resolve issues in a timely manner.12. ARBITRATION
12.1 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 use of the Website or the Services or information to which it gives access to the User, shall be determined by arbitration in India, before a sole arbitrator appointed by Eva. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. *****The seat of such arbitration shall be at Pune. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English/Marathi language. The award shall be final and binding on the parties to the dispute.
12.2 The Parties shall have the right to apply to a court of competent jurisdiction to obtain interim injunctive relief in respect of any dispute, pending resolution of such dispute in accordance with the Agreement.13. NOTICE
Notices: All notices and other communications required or permitted hereunder to be given to a Party shall be in writing, , and shall be served by e-mail, or courier, or, addressed to such Party's or at such other address as the Party shall have furnished to the other Party in writing in accordance with this provision:14. WAIVER:
No term of the Agreement shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented. Any consent by any Party to, or waiver of a breach by the other, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.15. FORCE MAJEURE:
Eva shall not be liable for any delay or unavailability of the Website caused by circumstances beyond Eva's reasonable control, including without limitation, acts of God, acts of government, floods, fires, earthquakes, civil unrest, acts of terror, strikes or other labour problems, internet service provider failures or delays, or denial of service attacks.16. ADVERTISEMENT:
Eva shall have the right to place advertisements and publicity materials of its choice, including that pertaining to parties other than itself for commercial use through electronic means on the Website.17. FEES AND CHARGES
17.1 User agrees to pay all fees or charges to in accordance with the fees, charges, and billing terms in effect at the time a fees or charges are due and payable. By providing credit card number or account and associated payment information, User agrees that Eva is authorized to immediately invoice account of User for all fees and charges due and payable to Eva hereunder and that no additional notice or consent is required. To avoid penalties, please send your cancellation via email to email@example.com, before 48 hours from time of the consult.
17.2 Eva reserves right to modify or implement a new pricing structure at any time prior to billing you for your initial payment or for future payments due pursuant to these Terms of
I) CANCELLATION BY USER
17.3 User understands and agrees that Services provided are on an appointment basis, If User cancels a scheduled appointment before 48 hours in advance, User will not be responsible for any deduction from the fees.
17.4 If User does not cancel a scheduled appointment within 24 hours in advance, User will be responsible for 100% deduction of fees.
17.5. If User does not cancel a scheduled appointment within 48 hours in advance, User will be responsible for deduction of 50% of Fees.
II) CANCELLATION BY HEALTH CARE PROFESSIONALS:
If the Health Care Professionals cancels the appointment before 48 hours of the scheduled appointment they might be entitled for a full refund to the account, if the Health care professional does not cancel a scheduled appointment within 48 hours in advance, they will be responsible for deduction of 20% of Fees. If the Health Care Professionals are repeatedly cancelling online appointments, Eva reserves the right to charge penalty fees to the Health Care Professionals on case to case basis or cancels the Health Care Professionals registration on Doctorfromhome.18. Disclosures.
All the Health Care Professional on the Site hold professional licenses issued by the professional licensing boards in the states where they practice, hold doctoral degrees in either medicine and have ****undergone post-doctoral training. Any clinical records created as a result of use of the Site by User will be securely maintained by Eva on behalf of your Health Care Professionals for a period that is no less than the minimum number of years such records are required to be maintained under state and federal law, and which is typically at least 3 years. Eva provides the services on "as is" and "as available" basis. Eva does not represent, warrant or guarantee that User's access to or use of DFH : a) will be uninterrupted or error free; b)will result in any requests for appointments. Notwithstanding anything contained herein, Eva disclaims all liability for any act or omission of you, any Patient or other third party