HOME Terms & Condition
Quickwellhealthcare (referred to as “we”, us”, “Quickwellhealthcare”) is the author and publisher of the internet resource www.quickwellhealthcare.com (together referred to as “Websites”) on the world wide web as well as other connected software and applications provided by Quickwellhealthcare, and together with Websites referred to as “Services”). Quickwellhealthcare provides the Services in partnership with its agents, affiliates, associates, representatives or other third parties (together referred to as “Partners”)
1. NATURE AND APPLICABILITY OF TERMS
The Agreement applies to you whether you are –
• A patient, his/her representatives/ attendant/ relative/ friend or affiliates (“you” or “User”);
• A user of the Website (“you” or “User”)
• This Agreement applies to all services made available by Quickwellhealthcare on the Website.
The Services may change from time to time, at the sole discretion of Quickwellhealthcare, and the Agreement will apply to your visit to and your use of the Website to avail the Service, as well as to all information provided by you on the Website at any given point in time.
This Agreement defines the terms and conditions under which you are allowed to use the Website and describes how 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 firstname.lastname@example.org
By downloading or accessing the Website to use the Services, you irrevocably accept all the terms and conditions stipulated in this Agreement and agree to fully abide by them.
This Agreement supersedes all previous oral and written terms and conditions (if any) communicated to you. By availing any Service, you signify your agreement and acceptance to this Agreement.
We reserve the right to modify or terminate any portion of the Agreement for any reason and at any time.
You should read the Agreement at regular intervals. Your use of the Website following any such modification constitutes your agreement to follow and be bound by the Agreement so modified. Any additional terms and conditions, disclaimers, privacy policies and other policies applicable in general and/ or to specific areas of this Website or particular Service are also considered as part of the Agreement.
You acknowledge that you will be bound by this Agreement for availing any of the Services offered by us. If you do not agree with any part of the Agreement, please do not use the Website or avail any Services.
Your access to the use of the Website and the Services will be solely at the discretion of Quickwellhealthcare. 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 thereunder, 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 Website in any manner. By registering, visiting and using the Website or accepting this Agreement, you represent and warrant to Quickwellhealthcare that you are 18 years of age or older, and that you have the right, authority and capacity to use the Website and the Services available through the Website, and agree to and abide by this Agreement.
3. END-USER ACCOUNT AND DATA PRIVACY
• 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 Quickwellhealthcare will disclose such information; and,
• Other information mandated by the SPI Rules.
• the fact that certain information is being collected
• the purpose for which the information is being collected;
• the intended recipients of the information;
• the nature of collection and retention of the information; and
• the various rights available to such Users in respect of such information.
4. LISTING CONTENT AND DISSEMINATING INFORMATION
5. BOOKING APPOINTMENTS, DIAGNOSTIC TESTS, ORDERING MEDICINES AND INTERACTION WITH MEDICAL SERVICE PROVIDERS
• any wrong medication or treatment quality being given by the doctor(s), the diagnostic service provider(s), pharmacy(s), or any medical negligence on part of the any of the above;
• any type of inconvenience suffered by the User due to a failure on the part of the medical service provider including doctor to make himself/herself available at the appointed time, no show by the doctor, inappropriate treatment, or similar difficulties;
• cancellation or rescheduling of booked appointment or any variance in the fees charged;
• any medical eventualities that might occur after using the services of a doctor, diagnostic lab services, pharmacy, whom the User has selected based on the information available on the Website or with whom the User has booked an appointment or performed a transaction through the Website.
• Further, Quickwellhealthcare shall not be liable, under any event, for any comments or feedback given by any of the Users about the services provided by another User. All such feedback should be made by applicable law. The option of Users to give feedback remains at Quickwellhealthcare’s sole discretion and may be modified or withdrawn at its sole discretion. Quickwellhealthcare may moderate such feedback at any time. Quickwellhealthcare shall not be obliged to act in any manner to give effect to the content of Users’ feedback.
6. NO DOCTOR-PATIENT RELATIONSHIP FOR EMERGENCY USE
7. CONTENT OWNERSHIP AND COPYRIGHT CONDITIONS OF ACCESS
• User generated content, or
• Belong to Quickwellhealthcare and its Partners.
• The information that is collected by Quickwellhealthcare directly or indirectly from the Users shall belong to Quickwellhealthcare and its Partners. Copying of the copyrighted content published by Quickwellhealthcare or its Partners on the Website for any commercial purpose or to earn profit will be a violation of copyright and Quickwellhealthcare and its Partners reserve their rights to take action under applicable law accordingly.
8. REVIEWS AND FEEDBACK
You are solely responsible for the content that you choose to submit for publication on the Website, including any feedback, ratings, or reviews (“Critical Content”). The role of Quickwellhealthcare in publishing Critical Content is restricted to that of an ‘intermediary’ under the Information Technology Act, 2000. Quickwellhealthcare disclaims all responsibility concerning the content of Critical Content, and its role concerning such content is restricted to its obligations as an ‘intermediary’ under the said Act. Quickwellhealthcare shall not be liable to pay any consideration to any User for re-publishing any content across any of its or its Partners platforms.
Your publication of reviews and feedback on the Website is governed by Clause 9 stated hereinafter. Without prejudice to the detailed terms stated in Clause 9, you hereby agree not to post or publish any content on the Website that (a) infringes any third-party intellectual property or publicity or privacy rights, or (b) violates any applicable law or regulation, including but not limited to the IG Rules and SPI Rules. Quickwellhealthcare, at its sole discretion, may choose not to publish your reviews and feedback, if so required by applicable law, and by Clause 5 of these Terms. You agree that Quickwellhealthcare may contact you through telephone, email, SMS, or any other electronic means of communication for:
• Obtaining feedback about Website, Quickwellhealthcare’s services; and/or
• Obtaining feedback about any medical service providers on the Website; and/or
• Resolving any complaints, information, or queries by medical service providers regarding your Critical Content;
and you agree to provide your fullest co-operation further to such communication by Quickwellhealthcare.
9. RIGHTS AND OBLIGATIONS RELATING TO CONTENT
• As mandated by Regulation 3(2) of the IG Rules, Quickwellhealthcare hereby informs Users that they are not permitted to host, display, upload, modify, publish, transmit, update or share any information that:
• belongs to another person and to which the User does not have any right to;
• is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
• harm minors in any way;
• infringes any patent, trademark, copyright or other proprietary rights;
• violates any law for the time being in force;
• deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing;
• impersonate another person;
• contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
• threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting any other nation.
• Users are also prohibited from:
• violating or attempting to violate the integrity or security of the Website, any Quickwellhealthcare Content;
• transmitting any information (including job posts, messages, and hyperlinks) on or through the Website that is disruptive or competitive or prejudicial to the provision of Services by Quickwellhealthcare;
• intentionally submitting any incomplete, false or inaccurate information;
• making any unsolicited communications to other Users;
• using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website;
• attempting to decipher, decompile, disassemble or reverse engineer any part of the Website;
• copying or duplicating in any manner any of the Quickwellhealthcare Content or other information available from the Website;
• framing or hotlinking or deep linking any Quickwellhealthcare Content.
• Quickwellhealthcare or its Partners, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information (as mentioned above) generated by Users, or of being notified by the appropriate Government or its agency that the Website is being used by the User to commit any unlawful act and/or is being used in violation of Clauses 10.a and 10.b above, shall be entitled to remove or disable access to the material or information that is in contravention of Clause 10. Quickwellhealthcare is entitled to act, as required by the IG Rules, within thirty-six hours of obtaining such knowledge and, where applicable, work with Users to disable such information that is in contravention of applicable law. Quickwellhealthcare shall also be entitled to preserve such information and associated records for at least 90 (ninety) days for production to governmental authorities for investigation purposes.
• Quickwellhealthcare may disclose or transfer User-generated information to its affiliates or governmental authorities in such manner as permitted or required by applicable law, and you hereby consent to such transfer. Quickwellhealthcare will comply with any duly-issued government or court directions to disable access to the User-generated information, should it be found to be illegal by a competent governmental authority.
10. INTELLECTUAL PROPERTY RIGHTS
• The contents of the Website and App are protected by intellectual property laws of India including without limitation to trademark and copyright laws. Reproduction, retransmission, public and/or commercial use of any or all the material on the Website and App are prohibited. The logos, service marks and trademarks ('IP Marks') displayed on the Website are the property of Quickwellhealthcare or its Partners or have been licensed to Quickwellhealthcare or its Partners by the relevant owners for use. The User may use this material only as expressly authorized by Quickwellhealthcare or its Partners and shall not copy, transmit or create derivative works of such material without express authorization from Quickwellhealthcare or its Partners.
• The User acknowledges and agrees that they shall not upload, post, reproduce or distribute any content on or through the Website that is protected by copyright or another proprietary right of a third party, without obtaining the permission of the owner of such right. Any copyrighted or other proprietary content distributed on or through the Website with the consent of the owner must contain the appropriate copyright or other proprietary rights notice. The unauthorized submission or distribution of copyrighted or other proprietary content is illegal and could subject the User to personal liability or criminal prosecution. Nothing on the Website should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any trademarks without written permission from Quickwellhealthcare.
11. DISCLAIMER OF WARRANTIES
• All information available on the Website, (the “Information”) is provided on the condition that the User will make an independent determination in respect of its accuracy, completeness or usefulness suitability before use or making any decision for any loss or damage in reliance hereof. Quickwellhealthcare and its Partners will not be responsible for the same. Further Quickwellhealthcare and its Partners will not be responsible or liable in any manner for any data added, provided, stored or managed by the User including all personally identifiable information
• The Information does not constitute an invitation or recommendation to take medical services from Quickwellhealthcare or its Partners nor is such Information a substitute for professional advice or solicitation in respect of medical services/ products or recommendations thereof. Quickwellhealthcare urges the Users to seek the advice of professionals, as appropriate, regarding the evaluation of any specific opinion, advice, product, service, or other information.
• All information on the Website is provided to you 'as is' without warranty of any kind either express or implied including, but not limited to implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy. In no event shall Quickwellhealthcare or its Partners be liable for any special, direct, indirect or consequential damages or any damages whatsoever resulting from loss, whether in an action of contract, negligence or other tortuous action, arising out of or in connection with the use or performance of information. All information available on a hyper-link site and any third party are subject to the terms and conditions of the legal notices contained therein.
12. LIMITATION OF LIABILITY
• The information available on the Website could include inaccuracies or typographic errors. Quickwellhealthcare has endeavored to ensure that all the information on the Website is correct, but Quickwellhealthcare neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data or information contained. Quickwellhealthcare makes no warranty, express or implied, concerning the website and/or its contents and disclaims all warranties of fitness for a particular purpose and warranties of merchantability in respect of Services, including any liability, responsibility or any other claim, whatsoever, in respect of any loss, whether direct or consequential, to any user or any other person, arising out of or from the use of the information contained in the website.
• In no event shall Quickwellhealthcare or its Partners be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from: (a) the use or the inability to use the Services; (b) unauthorized access to or alteration of the User's transmissions or data; (c) any other matter relating to the services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the website. Neither shall the Company be responsible for the delay or inability to use the Website, Services or any related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Website, or otherwise arising out of the use of the Website, whether based on contract, tort, negligence, strict liability or otherwise. Further, Quickwellhealthcare shall not be held responsible for non-availability or access to the Website during periodic maintenance operations or any unplanned suspension of access to the Website that may occur due to technical reasons or for any reason beyond Quickwellhealthcare control. The user understands and agrees that any material and/or data downloaded or otherwise obtained through the website is done entirely at his/her discretion and risk and the User himself/herself will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data. These limitations, disclaimer of warranties and exclusions apply without regard to whether the damages arise from (a) breach of contract, (b) breach of warranty, (c) negligence, or (d) any other cause of action, to the extent such exclusion and limitations are not prohibited by applicable law. Quickwellhealthcare shall not be liable to the User for the above damages for more than an amount of INR 1.
User agrees to indemnify and hold harmless Quickwellhealthcare, its affiliates, officers, directors, employees, consultants, licensors, agents, representatives and Partners from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from User’s access to or use of Service, violation of this Agreement, or infringement, or infringement by any other User of his/her/its account, of any intellectual property or other right of any person or entity. Quickwellhealthcare will notify you promptly of any such claim, loss, liability, or demand, and in addition to your foregoing obligations, you agree to provide us with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
14. APPLICABLE LAW AND DISPUTE SETTLEMENT
• You agree that this Agreement and any contractual obligation between the Company and User will be governed by the laws of India.
• Subject to the above Paragraph above, the courts at Delhi shall have exclusive jurisdiction over any disputes arising out of or about this Agreement, your use of the Website or the Services or the information to which it gives access.
15. CONTACT INFORMATION GRIEVANCE OFFICER
• If a User has any questions concerning the Company, the Website, this Agreement, the Services, or anything related to any of the foregoing, please write to us at email@example.com
• By the Information Technology Act, 2000, and the rules made thereunder, if you have any grievance concerning the Website or the Service, including any discrepancies and grievances concerning the processing of information, you can contact our Grievance Officer at:
• The Grievance Officer,
• 103, Janak Palace, Manglam Enclave, RPS more Bailey Road, Patna- 801503 H.Off: F NO 301, Block C, Rajendra Park, Sector 105, Gurugram, Haryana 122001 Branch office: 3811 Ditmars Blvd #1011 Astoria, New York 11105 USA
• Email: firstname.lastname@example.org
• In the event you suffer as a result of access or usage of our Website by any person in violation of Rule 3 of the IG Rules, please address your grievance to the above person.
If any provision of the Agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from this Agreement and the remainder of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event, the Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.
No provision of this Agreement shall be deemed to be waived and no breach excused unless such waiver or consent shall be in writing and signed by Quickwellhealthcare. Any consent by Quickwellhealthcare to, or a waiver by Quickwellhealthcare of any breach by you, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
18. Contact Clause
The user, by sharing his/her contact number at our website or on call, is authorizing Quickwellhealthcare and its representatives to get in touch with the user, receive promotional calls and offer products and services available in this website. This clause overrides the fact that user is registered under DND or DNC service, and that the user authorizes such calls from Quickwellhealthcare and its third party representatives.
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