Terms & Conditions
A. The following terms (the “Terms”) apply to the use of the services of the A4 TeleClinics application offered for certain mobile telephones/computers or other mobile devices/computers (the “A4 TeleClinics” and the “Services”, respectively) provided by A4 Clinics Pvt. Ltd.
B. By accepting these Terms and Conditions, I warrant that I have completed 18 years of age as on date of this agreement and that I have fully read and understood the Terms and Conditions as set forth in this agreement, without any impairment in judgment resulting from (but not limited to) mental illness, mental handicap, intoxication, medication, or any other health or other problem that could impair judgment.
II. Prohibited Actions.
A. The User shall use the A4 TeleClinics in accordance with these Terms and Conditions and all applicable laws and regulations, in a proper way and without violation or infringement of any third-party rights (personal rights, copyrights, intellectual property rights, data protection rights, etc.). Any inappropriate or illegal use is prohibited. It is in particular, without limitation, prohibited to:
1. Share Content that affects or infringes the rights of any third party, in particular personal rights, copyrights or other intellectual property rights, or is otherwise illegal;
2. Attack the A4 TeleClinics with a worm, virus, spyware, malware or by any other means; the User undertakes not to upload any information which, given its type or nature (e.g. viruses), size or reproduction (e.g. spamming, overloading, flooding, could interfere with the operation of the Services; and
3. Alter, manipulate, bypass, overload, or interfere with the A4 TeleClinics and its underlying software and/or security systems.
III. User’s Warranties and Responsibilities.
A. The User alone is responsible for his or her use of the A4 TeleClinics and the Content (including his User Health Data). The User warrants that he or she will fully comply with these Terms and Conditions and that he or she will use the A4 TeleClinics in accordance with these terms only, and in particular in compliance with section II.A.
B. The User warrants that all Content submitted to the A4 TeleClinicsApp is in accordance with these Terms, all applicable laws and regulations and does not violate or infringe any third party rights (personal rights, copyrights, intellectual property rights, data protection rights, etc.) or is otherwise illegal.
IV. Liability and Indemnification.
A. A4 TeleClinics shall not be liable for any property damages resulting from any negligence.
B. A4 TeleClinics shall not be liable for failure to timely perform its services due to an event beyond its reasonable control, including, without limitation, force majeure, computer viruses, acts of terrorism, civil unrest, war, strikes, fires, power cuts, net outages, pandemics or epidemics.
C. User will defend, hold harmless and indemnify A4 TeleClinics, its representatives, employees, agents and advisors and keep them indemnified against any and all losses, damages, expenses, costs, actions, claims, suits, litigation, causes of action, obligations, demands, and liabilities which may be brought against A4 TeleClinics by any third party for anything done or omitted in connection with:
1. The User’s use of the A4 TeleClinics, including uploading Content to the A4 TeleClinics.
2. Any prohibited action as set out in section II. A and/or any breach or violation of the User’s warranties or responsibility as set out in section II.
3. The User’s violation of these Terms
4. The exercise or purported exercise of A4 TeleClinics’ rights hereunder.
B. You shall not, and you agree not to or enable others to, copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, or create derivative works of the A4 TeleClinics App.
C. The User shall not be permitted to resell the A4 TeleClinics App or the Services.
D. Should any provision(s) of these Terms and Conditions be or become invalid, the validity of the remaining provisions hereof shall in no way be affected?
E. We reserve the right to change these Terms and Conditions at any time without indicating the reasons. We will notify the User of the changed Terms on the A4 TeleClinics or via email no later than two weeks before they take effect. The notification will include a link to the full version of the changed Terms. If the User does not object to the new Terms within four weeks after receipt of the notification, the amended Terms shall be deemed accepted. We will specifically indicate the possibility of objection and the significance of the four-week deadline to the User in the notification. In case of an objection, A4 TeleClinics shall be entitled to terminate the Services with effect as of the end of the Two-week deadline.
F. These Terms are governed by and shall be construed in accordance with the laws of India.
VI. Requirements for Content posted on the A4 TeleClinicsApp.
A. The User makes sure that any Content which he or she uploads and/or adds to the A4 TeleClinics App complies with these Terms and does not contain any prohibited Content as set out in section II(1&2). and does not interfere with the A4 TeleClinics as set out in section II (3&4).
A. End-user account and data privacy
2. A4 TeleClinics may, by its Services, collect information relating to the devices through which you access the App, and anonymous data of your usage. The collected information will be used only for improving the quality of A4 TeleClinics’s services and to build new services.
3. The App/Website allows A4 TeleClinics to have access to registered Users’ personal email or phone number, for communication purposes so as to provide you a better way of booking appointments and for obtaining feedback in relation to the Practitioners and their practice.
a) The type of information collected from Users, including sensitive personal data or information;
b) The purpose means and modes of usage of such information;
c) How and to whom A4 TeleClinics Will disclose such information; and,
d) Other information mandated by the SPI Rules.
a) the fact that certain information is being collected;
b) the purpose for which the information is being collected;
c) the intended recipients of the information;
d) the nature of collection and retention of the information; and
e) the name and address of the agency that is collecting the information and the agency that will retain the information; and
f) the various rights available to such Users in respect of such information.
6. A4 TeleClinics 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 A4 TeleClinics to any other person acting on behalf of A4 TeleClinics.
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 App. 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 A4 TeleClinics of any actual or suspected unauthorized use of the User’s account or password. Although A4 TeleClinics Will is not liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of A4 TeleClinics or such other parties as the case may be, due to any unauthorized use of your account.
8. If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or A4 TeleClinics has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, A4 TeleClinics has the right to discontinue the Services to the User at its sole discretion.
9. A4 TeleClinics may use such information collected from Users from time to time for the purposes of debugging customer support related issues or other important operational issues.
11. Every User using the platform must use one consultation per person. If a User is reported for not following the stated point, the User’s account may be liable for suspension for one (1) month or more depending on the team’s decision. The User could also face fines (Charges) for repetitive behavior.
VIII. Listing content and disseminating information.
A. A4 TeleClinics collects, directly or indirectly, and may display on the Website/App, relevant information regarding the profile and practice of the Practitioners listed on the Website/App, such as their specialization, qualification, fees, location, visiting hours, and similar details. A4 TeleClinics takes reasonable efforts to ensure that such information is updated at frequent intervals. Although A4 TeleClinics 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.
B. The Services provided by A4 TeleClinics 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). A4 TeleClinics does not provide or make any representation, warranty or guarantee, express or implied about the App or the Services. A4 TeleClinics does not guarantee the accuracy or completeness of any content or information provided by Users on the App. To the fullest extent permitted by law, A4 TeleClinics disclaims all liability arising out of the User’s use or reliance upon the App, the Services, representations and warranties made by other Users, the content or information provided by the Users on the App, or any opinion or suggestion given or expressed by A4 TeleClinics or any User in relation to any User or services provided by such User.
C. A4 TeleClinics may be linked to services, software, APIs (Application programming interface), Apps/programs of third parties, affiliates, and business partners. A4 TeleClinics has no control over, and is not liable or responsible for content, accuracy, validity, reliability, quality of such services, or made available by/through our App. The inclusion of any link on the App/website does not imply that A4 TeleClinics endorses the linked site. Users may use the links and these services at the User’s own risk.
D. A4 TeleClinics 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 App or the downloading of any material, data, text, images, video content, or audio content from the App. If a User is dissatisfied with A4 TeleClinics, the User's sole remedy is to discontinue using the A4 TeleClinics’ services.
E. If A4 TeleClinics determines that you have provided fraudulent, inaccurate, or incomplete information, including through feedback, A4 TeleClinics reserves the right to immediately suspend your access to the A4 TeleClinics’ services or any of your accounts with A4 TeleClinics and makes such declaration on the App/website alongside your name/your clinic’s name as determined by A4 TeleClinics for the protection of its business and in the interests of Users. You shall be liable to indemnify A4 TeleClinics for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected A4 TeleClinics or its Users.
IX. Booked Appointments and Call Facilities.
A. A4 TeleClinics will ensure Users are provided confirmed appointments on our platform. However, A4 TeleClinics has no liability if such an appointment is later canceled by the Practitioner, or the same Practitioner is not available for appointment. The A4 TeleClinics will try to connect you with a different practitioner subjected to availability but does not guarantee an appointment.
C. The results of any search Users performed on the App for Practitioners should not be construed as an endorsement by A4 TeleClinics 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.
D. Without prejudice to the generality of the above, A4 TeleClinics 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 A4 TeleClinics will not be liable for:
1. User interactions and associated issues User has with the Practitioner;
2. The ability or intent of the Practitioner(s) or the lack of it, in fulfilling their obligations towards Users;
3. Any wrong medication or quality of treatment being given by the Practitioner(s), or any medical negligence on part of the Practitioner(s);
4. 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;
5. Any misconduct or inappropriate behavior by the Practitioner or the Practitioner’s staff;
6. Cancellation or no show by the Practitioner or rescheduling of booked appointment or any variation in the fees charged.
E. Users may be allowed to provide feedback about their experiences with the Practitioner; however, the User shall ensure that the same is provided in accordance with applicable law. The user however understands that A4 TeleClinics 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 App.
F. In case of a ‘Patient-No-Show (P.N.S) (defined below), where the User does not show up at the scheduled appointment time:
1. 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 with an A4 TeleClinics Practitioner, and does not show up for the appointment without canceling, rescheduling, or informing the A4 TeleClinics at least 2 hours in advance about the same. For instant consultations, this time limit does not apply. In the case of a PNS, A4 TeleClinics will contact the user within five (5) business days of the scheduled appointment, to elucidate the reasons for PNS. If the User is not able to establish that the User had a legitimate reason as per Clause IX.G. (c), for PNS, A4 TeleClinics shall be entitled to take actions as under Clause IX.G (a). Users should understand that actions such as ones mentioned under Clause IX.G.(a) are included as a deterrent to stop Users from misusing the App, and the loss of business hours incurred by the Practitioner.
2. User’s accounts may be disabled from using the A4 TeleClinics app/website for the next one (1) month, in case of three(3) Valid PNS, as per the Patient-No-Show Policy.
3. Following instances, solely at the discretion of A4 TeleClinics, would be construed as valid cases of PNS (“Valid PNS”), in which case the User shall be penalized as per Clause IX.G (a):
a) User does not reply within seven (7) days, with reasons to PNS Communication, from the date of receipt of such PNS Communication;
b) In case User responds to the PNS Communication with below reasons:
(1) Forgot the appointment
(2) Chose to visit another Practitioner/consulted online;
(3) Busy with other work; or such other reasons (which A4 TeleClinics at its discretion decides to be an invalid reason to not show up).
c) 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 A4 TeleClinics, 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 a complete refund.
4. A4 TeleClinics reserves the right to make the final decision in case of a conflict. The total aggregate liability of A4 TeleClinics with respect to any claims made herein shall be INR 200.
G. Cancellation and Refund Policy:
1. In the event that, the Practitioner with whom the User has booked a paid appointment via the App/website, has not been able to meet the User, User will need to write to us at ”Wecare@a4clinics.com” within five (5) days from the occurrence of such event; in which case, the entire consultation amount as mentioned on the App 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 the case where the User does not show up for the appointment booked with a Practitioner, without canceling the appointment beforehand, the amount will not be refunded and treated as under Clause G. In the event the user requests cancellation prior to the appointment the user will be entitled only to a partial refund as decided by the A4 TeleClinics Team depending upon the circumstances.
2. Users will not be entitled to 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.
X. No doctor-patient relationship; Not for emergency use.
A. 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 App/Website (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 A4 TeleClinics 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.
B. It is hereby expressly clarified that the Information that you obtain or receive from A4 TeleClinics, practitioners on A4 TeleClinics, its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the A4 TeleClinics 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 App or during the consultation via the app/website. In no event shall A4 Clinics be liable to you or anyone else for any decision made or action taken by you in reliance on such information.
C. The consultation and advice provided between the practitioners and the users on the platform are not valid for Medico-legal services.
D. The A4 TeleClinics services must not be used in a Medical Emergency. If you are facing a medical emergency (either on your or another person’s behalf), please seek appropriate alternative care such as contacting an ambulance service or hospital directly.
XI. Content Ownership and copyright conditions of access.
A. The contents listed on the App are (i) User-generated content, or (ii) belong to A4 TeleClinics. The information that is collected by A4 TeleClinics directly or indirectly from the Users and the Practitioners shall belong to A4 TeleClinics. Copying of the copyrighted content published by A4 TeleClinics on the A4 TeleClinics App/website for any commercial purpose or for the purpose of earning profit will be a violation of copyright and A4 TeleClinics reserves its rights under applicable law accordingly.
B. A4 TeleClinics authorizes the User to view and access the content available on or from the A4 TeleClinics App/website solely for the usage pertaining to this Agreement. The contents of the A4 TeleClinics App/Website, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the A4 TeleClinics App/Website (collectively, "A4 TeleClinicsContent"), are the property of A4 Clinics and are protected under copyright, trademark, and other laws. Users shall not modify the A4 TeleClinicsContent or reproduce, display, publicly perform, distribute, or otherwise use the A4 TeleClinicsContent in any way for any public or commercial purpose or for personal gain.
C. Users shall not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
A. A4 TeleClinics may provide Users with a free facility known as ‘Records’ on its mobile application ‘A4 TeleClinics’. The information available in your Records is of two types:
1. User-created: Information uploaded by you or information generated during your interaction with the A4 TeleClinics ecosystem, eg: appointment, medicine order placed by you.
2. Practice-created: Health Records generated by your interaction with a Practitioner who uses ‘A4 TeleClinics’ or other Services of A4 TeleClinics software.
1. Your Records are only created after you have signed up and explicitly accepted these Terms and Conditions.
2. Any Practice created Health Record is provided on an as-is basis at the sole intent, risk, and responsibility of the Practitioner and A4 TeleClinics does not validate the said information and makes no representation in connection therewith. You may 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. Health Records are provided on an as-is basis. While we strive to maintain the highest levels of service availability, A4 TeleClinics is not liable for any interruption that may be caused to your access to the Services.
4. The reminder if 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 A4 TeleClinics, you should refer to your prescription before taking any medicines. A4 TeleClinics 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 A4 TeleClinics app.
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. A4 TeleClinics is not responsible for any loss or inconvenience caused due to your failure in updating the contact details with A4 TeleClinics.
6. A4 TeleClinics uses industry–level security and encryption to your Health Records. However, A4 TeleClinics 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 A4 TeleClinics of such unauthorized use or access. Please safeguard your login credentials and report any actual suspected breach of your account to Wecare@a4clinics.com.
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 the prior consent of your dependent and shall have the right to share, upload, and publish any sensitive personal information of your dependent. A4 TeleClinics assumes no responsibility for any claim, dispute, or liability arising in this regard, and you shall indemnify A4 TeleClinics and its officers against any such claim or liability arising out of unauthorized use of such information.
8. In case you want to delete your account, you can do so by contacting us at Wecare@a4clinics.com. However, any health information stored by your Practitioners may continue to be stored in their respective accounts.
9. If you don’t access your account for a year or longer, your account may be disabled/deactivated and you may lose access to your Health Records for security reasons.
10. A4 TeleClinics 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.
11. A4 TeleClinics 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.
12. A4 TeleClinics will follow the law of land in case any constitutional court or jurisdiction mandates to share the Health Records for any reason.
13. You agree and acknowledge that A4 TeleClinics may need to access the Health Record to troubleshoot/support any technical or operational issues of the User.
14. You acknowledge that the Practitioners you are visiting may engage A4 TeleClinics's software or third party software for the purposes of the functioning of the Practitioner’s business and A4 TeleClinics's services including but not limited to the usage and for storage of Records (as defined in Section XII) in India and outside India, in accordance with the applicable laws.
15. To the extent that your Records have been shared with A4 TeleClinics or stored on any of the A4 TeleClinics 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 A4 TeleClinics pertaining to such previously visited clinics and hospitals who have tie-ups with A4 TeleClinics for the purposes of their business and for A4 TeleClinics's services including but not limited to the usage and for storage of Records (as defined in Section XII) in India and outside India, in accordance with the applicable laws and further agree, upon creation of your account with A4 TeleClinics, to the mapping of such Records as may be available in A4 TeleClinics’s database to your User account.
A. LISTING POLICY
1. A4 TeleClinics, directly and indirectly, collects information regarding the Practitioners’ profiles, contact details, and practice. A4 TeleClinics reserves the right to take down any Practitioner’s profile as well as the right to display the profile of the Practitioners, with or without notice to the concerned Practitioner. This information is collected for the purpose of facilitating interaction with the Users and other Users. If any information displayed in the A4 TeleClinics in connection with you and your profile is found to be incorrect, you are required to inform A4 TeleClinics immediately to enable A4 TeleClinics to make the necessary amendments.
2. A4 TeleClinics shall not be liable and responsible for the ranking of the Practitioners on external websites and search engines.
4. A4 TeleClinics reserves the right to moderate the suggestions made by the Practitioners through feedback and the right to remove any abusive or inappropriate or promotional content added on the A4 TeleClinics App/Website. However, A4 TeleClinics shall not be liable if any inactive, inaccurate, fraudulent, or non- existent profiles of Practitioners are added to the A4 TeleClinics App/Website.
5. Practitioners explicitly agree that A4 TeleClinics reserves the right to publish the Content provided by Practitioners to a third party including content platforms.
7. You as a Practitioner hereby represent and warrant that you will use the Services in accordance with the applicable law. Any contravention of the applicable law as a result of your use of these Services is your sole responsibility, and A4 TeleClinics accepts no liability for the same.
8. If the practitioner fails to show up for an appointment within a 30mins accepted delay, the practitioner will be charged with a fine depending on the reason provided by the practitioner solely at the A4 Clinics team decision (Minimum fine- 100Rs)
B. PROFILE OWNERSHIP AND EDITING RIGHTS
1. A4 TeleClinics ensures easy access to the Practitioners by providing a tool to update your profile information. A4 TeleClinics reserves the right of ownership of all the Practitioner’s profile and photographs and to moderate the changes or updates requested by Practitioners. However, A4 TeleClinics takes the independent decision whether to publish or reject the requests submitted for the respective changes or updates. You hereby represent and warrant that you are fully entitled under law to upload all content uploaded by you as part of your profile or otherwise while using A4 TeleClinics’s services and that no such content breaches any third party rights, including intellectual property rights. Upon becoming aware of a breach of the foregoing representation, A4 TeleClinics may modify or delete parts of your profile information at its sole discretion with or without notice to you.
C. REVIEWS AND FEEDBACK DISPLAY RIGHTS OF A4 TeleClinics
1. All Critical Content is content created by the Users & Practitioners of the A4 TeleClinics App/Website. As a platform, A4 TeleClinics does not take responsibility for Critical Content and its role with respect to Critical Content is restricted to that of an ‘intermediary’ under the Information Technology Act, 2000. The role of A4 TeleClinics and other legal rights and obligations relating to the Critical Content are further detailed in clauses stated ahead.
2. A4 TeleClinics reserves the right to collect feedback and Critical Content for all the Practitioners, Clinics, and Healthcare Providers listed on the A4 TeleClinics app/website.
3. A4 TeleClinics shall have no obligation to pre-screen, review, flag, filter, modify, refuse or remove any or all Critical Content from any Service, except as required by applicable law.
4. You understand that by using the Services you may be exposed to Critical Content or other content that you may find offensive or objectionable. A4 TeleClinics shall not be liable for any effect on the Practitioner’s business due to the Critical Content of a negative nature. In these respects, you may use the Service at your own risk. A4 TeleClinics, however, as an intermediary, takes steps as required to comply with the applicable law as regards the publication of Critical Content. The legal rights and obligations with respect to Critical Content and any other information sought to be published by Users are further detailed in clauses ahead in these Terms & Conditions.
5. A4 TeleClinics will take down information under standards consistent with applicable law, and shall in no circumstances be liable or responsible for Critical Content, which has been created by the Users. The principles set out in relation to third party content in the terms of Service for the A4 TeleClinics App/Website shall be applicable mutatis mutandis in relation to Critical Content posted on the A4 TeleClinics App/Website.
6. If A4 TeleClinics determines that you have provided inaccurate information or enabled fraudulent feedback, A4 TeleClinics reserves the right to immediately suspend any of your accounts with A4 TeleClinics and A4 TeleClinics may make such declaration on the A4 TeleClinics App/website alongside your name/your clinics name as determined by A4 TeleClinics for the protection of its business and in the interests of Users.
D. INDEPENDENT SERVICES
Your use of each Service confers upon you only the rights and obligations relating to such Service, and not to any other service that may be provided by A4 Clinics.
E. A4 TeleClinics REACH RIGHTS
1. A4 TeleClinics reserves the rights to display sponsored ads on the A4 TeleClinics App/Website. These ads would be marked as “Sponsored ads”. Without prejudice to the status of other content, A4 TeleClinics will not be liable for the accuracy of the information or the claims made in the Sponsored ads. A4 TeleClinics does not encourage Users to visit the Sponsored ads page or to avail of any services from them. A4 TeleClinics will not be liable for the services of the providers of the Sponsored ads.
You represent and warrant that you will use these Services in accordance with applicable law. Any contravention of applicable law as a result of your use of these Services is your sole responsibility, and A4 TeleClinics accepts no liability for the same.
F. BOOK APPOINTMENT AND CALL FACILITY
1. As a valuable partner on our platform, we want to ensure that the Practitioners experience on the A4 TeleClinics booking platform is beneficial to both, Practitioners and their Users.
2. The practitioner understands that A4 TeleClinics shall not be liable, under any event, for any comments or feedback given by any of the Users in relation to the Services provided by the Practitioner. The option of publishing or modifying or moderating or masking (where required by law or norm etc.) the feedback provided by Users shall be solely at the discretion of A4 TeleClinics.
G. PRACTITIONER UNDERTAKING
1. The Practitioner is and shall be duly registered, licensed and qualified to practice medicine/ provide health care, wellness services, as per applicable laws/regulations/guidelines set out by competent authorities and the Practitioner shall not be part of any arrangement which will prohibit him/her from practicing medicine within the territory of India. 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/ services being rendered.
H. USAGE IN PROMOTIONAL & MARKETING MATERIALS
1. In recognition of the various offerings and services provided by A4 TeleClinics to Practitioner, Practitioner shall (subject to its reasonable right to review and approve): (a) allow A4 TeleClinics to include a brief description of the services provided to Practitioner in A4 TeleClinics’s marketing, promotional and advertising materials; (b) allow A4 TeleClinics to make reference to Practitioner in case studies, and related marketing materials; (c) serve as a reference to A4 TeleClinics’s existing and potential clients; (d) provide video logs, testimonials, e-mailers, banners, interviews to the news media and provide quotes for press releases; (e) make presentations at conferences; and/or (f) use the Practitioner’s name and/or logo, brand images, tag lines, etc., within product literature, e-mailers, press releases, social media and other advertising, marketing, and promotional materials.
XIV. Rights and Obligations Relating to Content.
A. As mandated by Regulation 3(2) of the IG Rules, A4 TeleClinics hereby informs Users that they are not permitted to host, display, upload, modify, publish, transmit, update or share any information that:
1. Belongs to another person and to which the User does not have any right to;
2. 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;
3. Harm minors in any way;
4. Infringes any patent, trademark, copyright or other proprietary rights;
5. Violates any law for the time being in force;
6. Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
7. Impersonate another person;
8. Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
9. 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.
B. Users are also prohibited from:
1. Violating or attempting to violate the integrity or security of the A4 TeleClinics App/Website or any A4 TeleClinics Content;
2. Transmitting any information (including job posts, messages, and hyperlinks) on or through the A4 TeleClinics App that is disruptive or competitive to the provision of Services by A4 TeleClinics;
3. Intentionally submitting on the A4 TeleClinics App/Websites any incomplete, false or inaccurate information;
4. Making any unsolicited communications to other Users;
5. 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;
6. Attempting to decipher, decompile, disassemble or reverse engineer any part of the A4 TeleClinics App/Website;
7. Copying or duplicating in any manner any of the A4 TeleClinicsContent or other information available from the A4 TeleClinicsApp;
8. Framing or hotlinking or deep linking any A4 TeleClinics Content.
9. Circumventing or disabling any digital rights management, usage rules, or other security features of the Software.
C. A4 TeleClinics, upon obtaining knowledge by itself or being brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information as mentioned above, shall be entitled to disable such information that is in contravention of Clauses XIV(A) and XIV(B) A4 TeleClinics 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.
E. A4 TeleClinics 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. The SPI Rules only permit A4 TeleClinics to transfer sensitive personal data or information including any information, to any other body corporate or a person in India, or located in any other country, that ensures the same level of data protection that is adhered to by A4 TeleClinics as provided for under the SPI Rules, only if such transfer is necessary for the performance of the lawful contract between A4 TeleClinics or any person on its behalf and the User or where the User has consented to data transfer.
F. A4 TeleClinics respects the intellectual property rights of others and we do not hold any responsibility for any violations of any intellectual property rights
A. A4 TeleClinics reserves the right to suspend or terminate a User’s access to the A4 TeleClinicsApp and the Services with or without notice and to exercise any other remedy available under law, in cases where,
1. Such User breaches any terms and conditions of the Agreement;
2. A third party reports a violation of any of its right as a result of your use of the Services;
3. A4 TeleClinicsis unable to verify or authenticate any information provide to A4 TeleClinics by a User;
4. A4 TeleClinics has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User; or
5. A4 TeleClinics believes in its sole discretion that User’s actions may cause legal liability for such User, other Users, or for A4 TeleClinics or are contrary to the interests of the A4 TeleClinicsApp.
B. Once temporarily suspended, indefinitely suspended, or terminated, the User may not continue to use the A4 TeleClinics App/Website under the same account, a different account, or re-register under a new account. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages, files, and other material kept on the A4 TeleClinicsApp by such User. The User shall ensure that he/she/it has continuous backup of any medical services the User has rendered in order to comply with the User’s record keeping process and practices.