Terms and Conditions
Note: Online Bihar Mobile Application is the product of Leonids Consulting Private Limited.
• 1. NATURE AND APPLICABILITY OF TERMS
The Agreement applies to you whether you are -
- A medical practitioner or health care provider (whether an individual professional or an organization) or similar institution wishing to be listed, including designated, authorized associates of such practitioners or institutions (“Practitioner(s)”, “you” or “User”); or
- A patient, his/her representatives or affiliates, searching for Practitioners through the Online-Bihar (“End-User”, “you” or “User”); or
- Otherwise a user of the Online-Bihar (“you” or “User”).
This Agreement applies to those services made available by Online-Bihar on the Online-Bihar, which are offered free of charge to the Users (“Services”), including the following:
- For Practitioners: Listing of Practitioners and their profiles and contact details, to be made available to the other Users and visitors to the Online-Bihar;
- For other 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 Online-Bihar, and (iii) to make appointments with Practitioners.
The Services may change from time to time, at the sole discretion of Online-Bihar, and the Agreement will apply to your visit to and your use of the Online-Bihar to avail the Service, as well as to all information provided by you on the Online-Bihar at any given point in time.
This Agreement defines the terms and conditions under which you are allowed to use the Online-Bihar 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 informed to you in writing You should read the Agreement at regular intervals. Your use of the Online-Bihar 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 Online-Bihar or avail any Services.
Your access to use of the Online-Bihar and the Services will be solely at the discretion of Online-Bihar.
The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but not limited to:
- 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”).
• 2. CONDITIONS OF USE
You must be 18 years of age or older to register, use the Services, or visit or use the Online-Bihar in any manner. By registering, visiting and using the Online-Bihar or accepting this Agreement, you represent and warrant to Online-Bihar that you are 18 years of age or older, and that you have the right, authority and capacity to use the Online-Bihar and the Services available through the Online-Bihar, and agree to and abide by this Agreement.
The terms in this Clause 3 are applicable only to Users other than Practitioners.
• 3.1 END-USER ACCOUNT AND DATA PRIVACY
- 3.1.2 Online-Bihar may by its Services, collect information relating to the devices through which you access the Online-Bihar, and anonymous data of your usage. The collected information will be used only for improving the quality of Online-Bihar’s services and to build new services.
- 3.1.3 The Online-Bihar allows Online-Bihar 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.
- 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 Online-Bihar 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 name and address of the agency that is collecting the information and the agency that will retain the information; and
- the various rights available to such Users in respect of such information.
- 3.1.6 Online-Bihar 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 Online-Bihar or to any other person acting on behalf of Online-Bihar.
- 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 Online-Bihar. 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 Online-Bihar of any actual or suspected unauthorized use of the User’s account or password. Although Online-Bihar will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Online-Bihar 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 becomes untrue, inaccurate, not current or incomplete), or Online-Bihar has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Online-Bihar has the right to discontinue the Services to the User at its sole discretion.
- 3.1.9 Online-Bihar may use such information collected from the Users from time to time for the purposes of debugging customer support related issues.
3.2 RELEVANCE ALGORITHM
Online-Bihar’s relevance algorithm for the Practitioners is a fully automated system that lists the Practitioners, their profile and information regarding their Practice on its Online-Bihar. These listings of Practitioners do not represent any fixed objective ranking or endorsement by Online-Bihar. Online-Bihar will not be liable for any change in the relevance of the Practitioners on search results, which may take place from time to time. The listing of Practitioners will be based on automated computation of the various factors including inputs made by the Users including their comments and feedback. Such factors may change from time to time, in order to improve the listing algorithm. Online-Bihar in no event will be held responsible for the accuracy and the relevancy of the listing order of the Practitioners on the Online-Bihar.
3.3 LISTING CONTENT AND DISSEMINATING INFORMATION
- 3.3.1 Online-Bihar collects, directly or indirectly, and displays on the Online-Bihar, relevant information regarding the profile and practice of the Practitioners listed on the Online-Bihar, such as their specialization, qualification, fees, location, visiting hours, and similar details. Online-Bihar takes reasonable efforts to ensure that such information is updated at frequent intervals. Although Online-Bihar 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 The Services provided by Online-Bihar 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). Online-Bihar does not provide or make any representation, warranty or guarantee, express or implied about the Online-Bihar or the Services. Online-Bihar does not guarantee the accuracy or completeness of any content or information provided by Users on the Online-Bihar. To the fullest extent permitted by law, Online-Bihar disclaims all liability arising out of the User’s use or reliance upon the Online-Bihar, the Services, representations and warranties made by other Users, the content or information provided by the Users on the Online-Bihar, or any opinion or suggestion given or expressed by Online-Bihar or any User in relation to any User or services provided by such User.
- 3.3.3 The Online-Bihar may be linked to the Online-Bihar of third parties, affiliates and business partners. Online-Bihar has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such Online-Bihars or made available by/through our Online-Bihar. Inclusion of any link on the Online-Bihar does not imply that Online-Bihar endorses the linked site. User may use the links and these services at User’s own risk.
- 3.3.4 Online-Bihar 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 Online-Bihar or the downloading of any material, data, text, images, video content, or audio content from the Online-Bihar. If a User is dissatisfied with the Online-Bihar, User’s sole remedy is to discontinue using the Online-Bihar.
- 3.3.5 If Online-Bihar determines that you have provided fraudulent, inaccurate, or incomplete information, including through feedback, Online-Bihar reserves the right to immediately suspend your access to the Online-Bihar or any of your accounts with Online-Bihar and makes such declaration on the Online-Bihar alongside your name/your clinic’s name as determined by Online-Bihar for the protection of its business and in the interests of Users. You shall be liable to indemnify Online-Bihar for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected Online-Bihar or its Users.
- 3.3.6 The information published under the head of "Industry wide city-wise Pricing Graph" is derived from a benchmarking group that is determined to be relevant by Online-Bihar in the relevant city. Online-Bihar has published this information for guidance purpose and does not have the ability to ascertain accuracy of the data based on which the information has been published and nor does it have any duty to disclose to anyone the source of the underlying data sets based on which this information has been published. Online-Bihar is not liable in any manner for any consequence whatsoever arising out of any use of the information published here.
3.4 BOOK APPOINTMENT AND CALL FACILITY
Online-Bihar enables Users to connect with Practitioners through two methods: a) Book facility that allows Users book an appointment through the Online-Bihar; b) Value added telephonic services which connect Users directly to the Practitioner’s number provided on the Online-Bihar.
- 3.4.1 Online-Bihar will ensure Users are provided confirmed appointment on the Book facility. However, Online-Bihar has no liability if such an appointment is later cancelled by the Practitioner, or the same Practitioner is not available for appointment. Provided, it does not fall under the heads listed under the Online-Bihar Guarantee Program, in which case the terms of this program shall apply.
- 3.4.3 The results of any search Users perform on the Online-Bihar for Practitioners should not be construed as an endorsement by Online-Bihar of any such particular Practitioner. If the User decides to engage with a Practitioner to seek medical services, the User shall be doing so at his/her own risk.
- 3.4.4 Without prejudice to the generality of the above, Online-Bihar is not involved in providing any healthcare or medical advice or diagnosis and hence is not responsible for any interactions between User and the Practitioner. User understands and agrees that Online-Bihar will not be liable for:
- User interactions and associated issues User has with the Practitioner;
- the ability or intent of the Practitioner(s) or the lack of it, in fulfilling their obligations towards Users;
- any wrong medication or quality of treatment being given by the Practitioner(s), or any medical negligence on part of the Practitioner(s);
- inappropriate treatment, or similar difficulties or any type of inconvenience suffered by the User due to a failure on the part of the Practitioner to provide agreed Services;
- any misconduct or inappropriate behaviour by the Practitioner or the Practitioner’s staff;
- cancellation or no show by the Practitioner or rescheduling of booked appointment or any variation in the fees charged, provided these have been addressed to under, Online-Bihar Guarantee Program.
- 3.4.5 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. User however understands that, Online-Bihar shall not be obliged to act in such manner as may be required to give effect to the content of Users feedback, such as suggestions for delisting of a particular Practitioner from the Online-Bihar.
- 3.4.6 In case of a ‘Patient-No-Show (P.N.S)’ (defined below), where the User does not show-up at the concerned Practitioner’s clinic:
- User’s account will be temporarily disabled from booking further online appointments on Online Bihar Mobile App for next four (4) months, in case of, three(3) Valid PNS, as per the Patient-No-Show Policy. However, the User can continue to call the clinic via Online Bihar Mobile App to get an appointment.
- Patient- No-Show (P.N.S) for the purposes of these Terms and Conditions, is defined as, any instance where a User, who booked an appointment on the Online-Bihar using the Book Appointment facility , has not turned up for the appointment without cancelling, rescheduling, or informing the Practitioner in advance about the same. When Practitioner informs Online-Bihar of the incident or marks a particular appointment as P.N.S. using the Online-Bihar Ray software or Online-Bihar Pro App within five (5) days of the scheduled appointment, an email and SMS (“PNS Communication”) will be sent to the User to confirm on the incident with reasons. Where the User is not able to establish that the User had a legitimate reason as per Clause 3.4.6(c), for not showing up, Online-Bihar shall be entitled to take actions as under Clause 3.4.6 (a). However Users understand that, actions such as ones mentioned under Clause 3.4.6(a) are included as a deterrent to stop Users from misusing the Online-Bihar, and the loss of business hours incurred by the Practitioner.
- Following instances, solely at the discretion of Online-Bihar, would be construed as valid cases of PNS (“Valid PNS”), in which case the User shall be penalized as per Clause 3.4.6 (a):
- User does not reply within seven (7) days, with reasons to PNS Communication, from the date of receipt of such PNS Communication;
- In case User responds to the PNS Communication with below reasons:
- Forgot the appointment
- Chose to visit another Practitioner/consulted online;
- Busy with other work; or such other reasons (which Online-Bihar at its discretion decides to be a valid reason to not show up).
- Where the User has booked a paid appointment and is unable to visit the Practitioner, due to such genuine reasons of sickness etc. at the sole discretion of Online-Bihar, pursuant to conducting of investigation, the User shall be provided with a refund of such payment made by User, at the time of booking. However, where cancellation charges have been levied, you would not be entitled to complete refund.
- Online-Bihar reserves the right to make the final decision in case of a conflict. The total aggregate liability of Online-Bihar with respect to any claims made herein shall be INR 200.
- 3.4.7 Cancellation and Refund Policy
- In the event that, the Practitioner with whom User has booked a paid appointment via the Online-Bihar, has not been able to meet the User, User will need to write to us at firstname.lastname@example.org within five (5) days from the occurrence of such event; in which case, the entire consultation amount as mentioned on the Online-Bihar will be refunded to the User within the next five (5) to six (6) business days in the original mode of payment done by the User while booking. In case where the User, does not show up for the appointment booked with a Practitioner, without cancelling the appointment beforehand, the amount will not be refunded, and treated as under Clause 3.4.6. However, where cancellation charges have been levied (as charged by the Practitioner/Practice), you would not be entitled to complete refund even if you have cancelled beforehand.
- Users will not be entitled for any refunds in cases where, the Practitioner is unable to meet the User at the exact time of the scheduled appointment time and the User is required to wait, irrespective of the fact whether the User is required to wait or choose to not obtain the medical services from the said Practitioner.
- 3.5 NO DOCTOR-PATIENT RELATIONSHIP; NOT FOR EMERGENCY USE
- 3.5.1 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 Online-Bihar (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 Online-Bihar 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.
- 3.5.2 It is hereby expressly clarified that, the Information that you obtain or receive from Online-Bihar, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Online-Bihar 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 Online-Bihar. 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.
- 3.5.3 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.
• 3.6 ONLINE-BIHAR CONSULT
- 3.6.1 Definition.
Online-Bihar's Consult is a feature owned and provided by Online-Bihar that allows Users & Practitioners to communicate, either on unpaid mode or on paid mode, depending on the option chosen by the User. Further, Users may access this feature on Online-Bihar’s platform to get assigned, for the purposes of consultation, to a Practitioner whereby such Practitioners are, by default, assigned through the system’s algorithm/software-program that finds the most available and accepting Practitioner or Users may choose Practitioners of choice through the search options made available on Online-Bihar’s Online-Bihar. The scope of this feature as detailed herein is collectively referred to as "Consult".
- 3.6.2 Terms for Users:
The Users expressly understand, acknowledge and agree to the following set forth herein below:
- In the event the Users intend to consult a specific Practitioner of choice, the same is facilitated through search options as made available on Online-Bihar’s Online-Bihar. In cases where Users cannot choose a Practitioner (due to system setup), the system uses an algorithm/software-program to find the most available and accepting Practitioner.
- In case any prescription is being provided to User by the Practitioner, the same is being provided basis the online consultation, however it may vary when examined in person, hence in no event shall the prescription provided by Practitioners be relied as a final and conclusive solution.
- The Users agree to use the advice from Practitioner on the Online-Bihar pursuant to:
- a) an ongoing treatment with their medical practitioner;
- b) a condition which does not require emergency treatment, physical examination or medical attention;
- c) medical history available as records with them for reference;
- d) a record of physical examination and report thereof with them, generated through their local medical practitioner;
- e) consultation with their medical practitioner before abandoning or modifying their ongoing treatment.
- The User agrees that by using Consult, the Practitioners on Consult will not be conducting physical examination of the Users, hence they may not have or be able to derive important information that is usually obtained through a physical examination. User acknowledges and agrees that the User is aware of this limitation and agrees to assume the complete risk of this limitation.
- The User understands that Consult shall not form a substitute for treatment that otherwise needs physical examination/immediate consultation. Further, the User understands that the advice provided by the Practitioner is based on general medical conditions and practices prevalent in India, to the best of his knowledge and ability, and not for conditions which are territory specific for regions other than India, irrespective of where the User is procuring medical services or engaging in communication with the Practitioner.
- During the consultation and thereafter, the Practitioner may upload the prescription/health records of the User on the account of the User for access of the User. However, it is expressly clarified that for Users not located within India and using Consult, the Practitioner may or may not issue a prescription, at his sole discretion.
- Notwithstanding anything contained herein, Online-Bihar in no manner endorses any Practitioner(s) that Users consult and is not in any manner responsible for any drug/medicines prescribed or the therapy prescribed by the Practitioner.
- If Practitioner responds to the User’s query, the system could trigger communications to the User, in the form of notification/text/email/others. The User further understands that Online-Bihar may send such communications like text messages/email/calls before and/or after Practitioner’s consultation (physical or online) to User’s mobile number which is provided by Practitioner, based on the Practitioner’s settings. However and notwithstanding anything to the contrary in this Agreement, Online-Bihar does not take responsibility for timeliness of such communications.
- Consult, is merely a consulting model, any interactions and associated issues with the Practitioner on Consult including but not limited to the User’s health issues and/or the User’s experiences is strictly between the User and the Practitioner. The User shall not hold Online-Bihar responsible for any such interactions and associated issues.
- There is a follow-up feature that is made available on one of Online-Bihar’s product - Online-Bihar Ray, through which the Practitioner can notify the User of a follow-up facility that is available post their in-person consultation. The Practitioner can define the duration and limit of messages that are available to the User for free. When the User starts the follow-up, a chat window opens up for consultation with the Practitioner for a certain period (set by the Practitioner) without having to make any payment. Upon expiry, an option to pay and restart option is available to the User. This enables the User to pay and initiate a paid consultation with the Practitioner.
- Any conversations that the Users have had with the Practitioner will be retained in Online-Bihar database as per the applicable laws and subject to confidentiality.
- User understands and agrees to provide accurate information, and will not use this platform for any acts that are considered to be illegal in nature.
- If User decides to engage with a Practitioner to procure medical services or engages in communication, exchange of money for services outside of Consult platform, User shall do so at their own risk. Online-Bihar shall not be responsible for any breach of service or service deficiency by any Practitioner.
- The User agrees and understands that the transaction with the Practitioner are subject to jurisdiction of Indian laws and that any claim, dispute or difference arising from it shall be subject to the jurisdiction provision as contained in the Terms and Conditions hereunder, at all times. The User further agrees and understands that the Practitioner is a medical practitioner who is licensed to practice medicine in India and the onus is on the User to determine if he/she is eligible to consult with the Practitioners via the Online-Bihar. It is expressly clarified that at no point in time can it be construed that the Practitioner is practicing medicine in a territory other than India, irrespective of where the User is located and procures medical services or engages in communication with the Practitioner, in any manner whatsoever.
- The User shall indemnify and hold harmless Online-Bihar and its affiliates, subsidiaries, directors, officers, employees and agents from and against any and all claims, proceedings, penalties, damages, loss, liability, actions, costs and expenses (including but not limited to court fees and attorney fees) arising due to or in relation to the use of Online-Bihar by the User, by breach of the Terms or violation of any law, rules or regulations by the User, or due to such other actions, omissions or commissions of the User that gave rise to the claim.
- If User decides to use the payment gateway to make payments online, it is solely at User's discretion. Should there be any issues with regard to the payment not reaching the respective Practitioner’s account, please reach out to email@example.com .
- 3.6.3 Cancellation and Refund Policy:
- For cancellation and refund policy, read more
- 3.6.4 Express Disclaimers
- Consult is intended for general purposes only and is not meant to be used in emergencies/serious illnesses requiring physical consultation. Further, if the Practitioner adjudges that a physical examination would be required and advises ‘in-person consultation’, it is the sole responsibility of the User, to book an appointment for physical examination and in-person consultation whether the same is with the Practitioner listed on the Online-Bihar or otherwise. In case of any negligence on the part of the User in acting on the same and the condition of the User deteriorates, Online-Bihar shall not be held liable.
- Online-Bihar is not a medical service provider, nor is it involved in providing any healthcare or medical advice or diagnosis, it shall hence not be responsible and owns no liability to either Users or Practitioners for any outcome from the consultation between the User and the Practitioner.
- Consult is a platform being made available to Users to assist them to obtain consultation from Practitioners and does not intend to replace the physical consultation with the Practitioner.
- 3.6.5 Terms for Practitioners:
- The Practitioner shall promptly reply to the User after receiving User’s communication. In case of non-compliance with regard to adhering to the applicable laws/rules/regulations/guidelines by the Practitioner, Online-Bihar shall have the right to replace such Practitioners for the purpose of consultation to the User or remove such Practitioners from the platform/Online-Bihar application/site;
- The Practitioner understands and agrees that, Online-Bihar shall at its sole discretion, at any time be entitled to, show as other Practitioners available for consultation.
- The Practitioner further understands that, there is a responsibility on the Practitioner to treat the User, pari passu, as the Practitioner would have otherwise treated the User on a physical one-on-one consultation model.
- The Practitioner has the discretion to cancel any consultation at any point in time in cases where the Practitioner feels, it is beyond his/her expertise or his/her capacity to treat the User. In such cases, it may trigger a refund to the User and the User has the option of choosing other Practitioners. However, it is strongly recommended that the Practitioner advise the User and explain appropriately for next steps.
- The Practitioner shall at all times ensure that all the applicable laws that govern the Practitioner shall be followed and utmost care shall be taken in terms of the consultation being rendered.
- The Practitioner acknowledges that should Online-Bihar find the Practitioner to be in violation of any of the applicable laws/rules/ regulations/guidelines set out by the authorities then Online-Bihar shall be entitled to cancel the consultation with such Practitioner or take such other legal action as may be required.
- The payment gateway option is being provided to the Users to make payment easier. In case wrong bank account details are provided by Practitioner, Online-Bihar will not be responsible for loss of money, if any. In case of there being any technical failure, at the time of transaction and there is a problem in making payment, you could contact firstname.lastname@example.org .
- It is further understood by the Practitioner that the information that is disclosed by the User at the time of consultation is personal information and is subject to all applicable privacy laws, shall be confidential in nature and subject to User and Practitioner privilege.
- The Practitioner understands that the certain Consult features (such as follow-up feature) shall be available only if the same has been enabled by the Practitioner and that the maximum number of messages that Practitioner can send and the number of days for which follow-up will be active for, shall be as set by the Practitioner.
- The Practitioner understands that when a User books a time-slot with the Practitioner for online consultation, the Practitioner must comply with the time slot to the best of their availability. In case of delay, the doctor must notify User to their best possible ability.
- The Practitioner understands that Online-Bihar makes no promise or guarantee for any uninterrupted communication and the Practitioner shall not hold Online-Bihar liable, if for any reason the communication is not delivered to the User(s), or are delivered late or not accessed, despite the efforts undertaken by Online-Bihar.
- It shall be the responsibility of the Practitioner to ensure that the information provided by User is accurate and not incomplete and understand that Online-Bihar shall not be liable for any errors in the information included in any communication between the Practitioner and User.
- The Practitioner shall indemnify and hold harmless Online-Bihar and its affiliates, subsidiaries, directors, officers, employees and agents from and against any and all claims, proceedings, penalties, damages, loss, liability, actions, costs and expenses (including but not limited to court fees and attorney fees) arising due to the services provided by Practitioner, violation of any law, rules or regulations by the Practitioner or due to such other actions, omissions or commissions of the Practitioner that gave rise to the claim.
- Read more on Settlement Policy
• 3.7 ONLINE-BIHAR HEALTH FEED
These terms & conditions governing Online-Bihar Health feed are applicable to Users (being both end-users/ Practitioner). However, it is clarified that the terms and conditions herein applicable only to Practitioners and applicable to Users are called out separately, as the context warrants.
- 3.7.1 Online-Bihar Health feed is an online content platform available on the Online-Bihar, wherein Practitioners who have created a Online-Bihar profile can login and post health and wellness related content.
- 3.7.2 Practitioners can use Online-Bihar Health feed by logging in from their health account, creating original content comprising text, audio, video, images, data or any combination of the same (“Content”), and uploading said Content to Online-Bihar’s servers. Online-Bihar will make available to the User a gallery of images licensed by Online-Bihar from a third party stock image provider (“Online-Bihar Gallery”). The User can upload their own images or choose an image from the Online-Bihar Gallery. Online-Bihar does not provide any warranty as to the ownership of the intellectual property in the Online-Bihar Gallery and the User acknowledges that the User will use the images from the Online-Bihar Gallery at their own risk. Online-Bihar shall post such Content to Online-Bihar Health feed at its own option and subject to these Terms and Conditions. The Content uploaded via Online-Bihar Health feed does not constitute medical advice and may not be construed as such by any person.
- 3.7.3 Practitioners acknowledges that they are the original authors and creators of any Content uploaded by them via Online-Bihar Health feed and that no Content uploaded by them would constitute infringement of the intellectual property rights of any other person. Online-Bihar reserves the right to remove any Content which it may determine at its own discretion as violating the intellectual property rights of any other person, including but not limited to patent, trademark, copyright or other proprietary rights. Practitioner agrees to absolve Online-Bihar from and indemnify Online-Bihar against all claims that may arise as a result of any third party intellectual property right claim that may arise from the Practitioner’s uploading of any Content on the Online-Bihar Health feed. The Practitioner may not use the images in the Online-Bihar Gallery for any purpose other than those directly related to the creation and uploading of Content to Online-Bihar Health feed. The Practitioner also agrees to absolve Online-Bihar from and indemnify Online-Bihar against all claims that may arise as a result of any third party intellectual property claim if the Practitioner downloads, copies or otherwise utilizes an image from the Online-Bihar Gallery for his/her personal or commercial gain.
- 3.7.4 Practitioner hereby assigns to Online-Bihar, in perpetuity and worldwide, all intellectual property rights in any Content created by the User and uploaded by the User via Online-Bihar Health feed.
- 3.7.5 Online-Bihar shall have the right to edit or remove the Content and any comments in such manner as it may deem Online-Bihar Health feed at any time.
- 3.7.6 Practitioner shall ensure that the Content or any further responses to the Content (including responses to Users) is not harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic or libelous in any manner. Further, Practitioner should ensure that the Content is not invasive of any other person’s privacy, or otherwise contains any elements that is hateful, racially or ethnically objectionable, disparaging, or otherwise unlawful in any manner whatever. Online-Bihar reserves the right to remove any Content which it may determine at its own discretion is violative of these Terms and Conditions or any law or statute in force at the time. Also, the Practitioner agrees to absolve Online-Bihar from and indemnify Online-Bihar against all claims that may arise as a result of any legal claim arising from the nature of the Content posted by the Practitioner on Online-Bihar Health Feed.
- 3.7.7 Practitioner shall ensure that no portion of the Content is violative of any law for the time being in force.
- 3.7.8 Practitioner shall ensure that the Content is not threatening the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order. Further the Practitioner shall ensure that the Content will not cause incitement to the commission of any cognisable offence or prevent investigation of any offence or is insulting to any other nation.
- 3.7.9 User may also use Online-Bihar Health feed in order to view original content created by Practitioners and to create and upload comments on such Content, where allowed (“User Comment”).
- 3.7.10 User acknowledges that the User Comment reflects the views and opinions of the authors of such Content and do not necessarily reflect the views of Online-Bihar.
- 3.7.11 User agrees that the Content they access on Online-Bihar Health feed does not in any way constitute medical advice and that the responsibility for any act or omission by the User arising from the User’s interpretation of the Content, is solely attributable to the User. The User agrees to absolve Online-Bihar from and indemnify Online-Bihar against all claims that may arise as a result of the User’s actions resulting from the User’s viewing of Content on Online-Bihar Health feed.
- 3.7.12 User acknowledges that all intellectual property rights in the User Comment on Online-Bihar Health feed vests with Online-Bihar. The User agrees not to infringe upon Online-Bihar’s intellectual property by copying or plagiarizing content on Online-Bihar Health feed. Online-Bihar reserves its right to initiate all necessary legal remedies available to them in case of such an infringement by the User. Also, User Comment will be the sole intellectual property of Online-Bihar. The User agrees not to post User Comment that would violate the intellectual property of any third party, including but not limited to patent, trademark, copyright or other proprietary rights. Online-Bihar reserves the right to remove any User Comment which it may determine at its own discretion as violating the intellectual property rights of any third party. The User agrees to absolve Online-Bihar from and indemnify Online-Bihar against all claims that may arise as a result of any third party intellectual property right claim that may arise from the User Comment.
- 3.7.13 User shall ensure that the User Comment is not harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic or libelous in any manner. Further, User should ensure that the User Comment is not invasive of any other person’s privacy, or otherwise contains any elements that is hateful, racially or ethnically objectionable, disparaging, or otherwise unlawful in any manner whatever. Online-Bihar reserves the right to remove any Content which it may determine at its own discretion is violative of these Terms and Conditions or any law or statute in force at the time Also, the User agrees to absolve Online-Bihar from and indemnify Online-Bihar against all claims that may arise as a result of any legal claim arising from the nature of the User Comment.
- 3.7.14 User shall ensure that the User Comment is not threatening the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order. Further the Practitioner shall ensure that the User Comment will not cause incitement to the commission of any cognisable offence or prevent investigation of any offence or is insulting to any other nation.
• 3.8 CONTENT OWNERSHIP AND COPYRIGHT CONDITIONS OF ACCESS
- 3.8.1 The contents listed on the Online-Bihar are (i) User generated content, or (ii) belong to Online-Bihar. The information that is collected by Online-Bihar directly or indirectly from the End- Users and the Practitioners shall belong to Online-Bihar. Copying of the copyrighted content published by Online-Bihar on the Online-Bihar for any commercial purpose or for the purpose of earning profit will be a violation of copyright and Online-Bihar reserves its rights under applicable law accordingly.
- 3.8.2 Online-Bihar authorizes the User to view and access the content available on or from the Online-Bihar solely for ordering, receiving, delivering and communicating only as per this Agreement. The contents of the Online-Bihar, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the Online-Bihar (collectively, "Online-Bihar Content"), are the property of Online-Bihar and are protected under copyright, trademark and other laws. User shall not modify the Online-Bihar Content or reproduce, display, publicly perform, distribute, or otherwise use the Online-Bihar Content in any way for any public or commercial purpose or for personal gain
- 3.8.3 User shall not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
• 3.9 REVIEWS AND FEEDBACK
You are solely responsible for the content that you choose to submit for publication on the Online-Bihar, including any feedback, ratings, or reviews (“Critical Content”) relating to Practitioners or other healthcare professionals. The role of Online-Bihar in publishing Critical Content is restricted to that of an ‘intermediary’ under the Information Technology Act, 2000. Online-Bihar 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. Online-Bihar 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 Online-Bihar 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 Online-Bihar 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. Online-Bihar, 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 Online-Bihar may contact you through telephone, email, SMS, or any other electronic means of communication for the purpose of:
- Obtaining feedback in relation to Online-Bihar or Online-Bihar’s services; and/or
- Obtaining feedback in relation to any Practitioners listed on the Online-Bihar; and/or
- Resolving any complaints, information, or queries by Practitioners regarding your Critical Content;
and you agree to provide your fullest co-operation further to such communication by Online-Bihar. Online-Bihar’s Feedback Collection and Fraud Detection Policy, is annexed as the Schedule hereto, and remains subject always to these Terms.
• 3.10 RECORDS
Online-Bihar may provide End-Users with a free facility known as ‘Records’ on its mobile application ‘Online-Bihar’. Information available in your Records is of two types:
• User-created: Information uploaded by you or information generated during your interaction with Online-Bihar ecosystem, eg: appointment, medicine order placed by you.
• Practice-created: Health Records generated by your interaction with a Practitioner who uses ‘Online-Bihar Ray’ or other Services of Online-Bihar software.
- 3.10.1 Your Records is only created after you have signed up and explicitly accepted these Terms.
- 3.10.2 Any Practice created Health Record is provided on an as-is basis at the sole intent, risk and responsibility of the Practitioner and Online-Bihar does not validate the said information and makes no representation in connection therewith. You should contact the relevant Practitioner in case you wish to point out any discrepancies or add, delete, or modify the Health Record in any manner.
- 3.10.3 The Health Records are provided on an as-is basis. While we strive to maintain the highest levels of service availability, Online-Bihar is not liable for any interruption that may be caused to your access of the Services.
- 3.10.4 The reminder provided by the Records is only a supplementary way of reminding you to perform your activities as prescribed by your Practitioner. In the event of any medicine reminders provided by Online-Bihar, you should refer to your prescription before taking any medicines. Online-Bihar is not liable if for any reason reminders are not delivered to you or are delivered late or delivered incorrectly, despite its best efforts. In case you do not wish to receive the reminders, you can switch it off through the Online-Bihar app.
- 3.10.5 It is your responsibility to keep your correct mobile number and email ID updated in the Records. The Health Records will be sent to the Records associated with this mobile number and/or email ID. Every time you change any contact information (mobile or email), we will send a confirmation. Online-Bihar is not responsible for any loss or inconvenience caused due to your failure in updating the contact details with Online-Bihar.
- 3.10.6 Online-Bihar uses industry–level security and encryption to your Health Records. However, Online-Bihar does not guarantee to prevent unauthorized access if you lose your login credentials or they are otherwise compromised. In the event you are aware of any unauthorized use or access, you shall immediately inform Online-Bihar of such unauthorized use or access. Please safeguard your login credentials and report any actual suspected breach of account to email@example.com .
- 3.10.7 If you access your dependents’ Health Records by registering your dependents with your own Records, you are deemed to be responsible for the Health Records of your dependents and all obligations that your dependents would have had, had they maintained their own separate individual Records. You agree that it shall be your sole responsibility to obtain prior consent of your dependent and shall have right to share, upload and publish any sensitive personal information of your dependent. Online-Bihar assumes no responsibility for any claim, dispute or liability arising in this regard, and you shall indemnify Online-Bihar and its officers against any such claim or liability arising out of unauthorized use of such information.
- 3.10.8 In case you want to delete your Records, you can do so by contacting our service support team. However only your account and any associated Health Records will be deleted, and your Health Records stored by your Practitioners will continue to be stored in their respective accounts
- 3.10.9 You may lose your “User created” record, if the data is not synced with the server.
- 3.10.10 If the Health Record is unassessed for a stipulated time, you may not be able to access your Health Records due to security reasons.
- 3.10.11 Online-Bihar is not liable if for any reason, Health Records are not delivered to you or are delivered late despite its best efforts.
- 3.10.12 The Health Records are shared with the phone numbers that are provided by your Practitioner. Online-Bihar is not responsible for adding the Heath Records with incorrect numbers if those incorrect numbers are provided by the Practitioner
- 3.10.13 Online-Bihar is not responsible or liable for any content, fact, Health Records, medical deduction or the language used in your Health Records whatsoever. Your Practitioner is solely responsible and liable for your Health Records and any information provided to us including but not limited to the content in them.
- 3.10.14 Online-Bihar has the ability in its sole discretion to retract Health Records without any prior notice if they are found to be shared incorrectly or inadvertently.
- 3.10.15 Online-Bihar will follow the law of land in case of any constitutional court or jurisdiction mandates to share the Health Records for any reason.
- 3.10.16 You agree and acknowledge that Online-Bihar may need to access the Health Record for cases such as any technical or operational issue of the End User in access or ownership of the Records.
- 3.10.17 You acknowledge that the Practitioners you are visiting may engage Online-Bihar's software or third party software for the purposes of the functioning of the Practitioner’s business and Online-Bihar's services including but not limited to the usage and for storage of Records (as defined in Section 3.10) in India and outside India, in accordance with the applicable laws.
- 3.10.18 To the extent that your Records have been shared with Online-Bihar or stored on any of the Online-Bihar products used by Practitioner’s you are visiting, and may in the past have visited, You hereby agree to the storage of your Records by Online-Bihar pertaining to such previously visited clinics and hospitals who have tie ups with Online-Bihar for the purposes of their business and for Online-Bihar's services including but not limited to the usage and for storage of Records (as defined in Section 3.10) in India and outside India, in accordance with the applicable laws and further agree, upon creation of your account with Online-Bihar, to the mapping of such Records as may be available in Online-Bihar’s database to your User account.