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TERMS CONDITIONS

Terms of Use

Welcome to the Casamed digital care platform for musculoskeletal disorders (“Service”). Please read these terms and conditions carefully before using the Service. By accessing or using the Service on any computer, mobile phone, tablet or another device (collectively the “Device”), you, the User and/or the Partner agree to be bound by these Terms of Use (“Agreement”) and any other applicable law.

The Service and the content available therein are developed, operated and distributed by Sahika Healthcare Private Limited, a company having its registered address at Ground Floor, Block 1, New Road Saristabad (West), PO – Anishabad, Patna. India. (collectively “we”, “us”, “our”, “Casamed”, “Aggregator”).

We may change these Terms of Use at any time without notice, effective upon its posting on the Website and/or in the App (as applicable). Your continued use of the Service shall be considered your acceptance of the revised Terms of Use. If you do not agree to these Terms of Use, please do not use this Service.

Scope of License

Subject to these Terms of Use, we grant you non-exclusive, non-transferable, non-sublicensable, revocable limited license to use the Service solely for your personal, non-commercial purposes. This license does not allow you to use the Service on any Device that you do not own or rightfully control, and you may not distribute or make the Service available over a network where it could be used by multiple devices at the same time. You agree not to rent, lease, lend, sell, redistribute or sublicense the Service. You may not copy (except as expressly permitted by this license or terms of the relevant certified application store, from which you have downloaded the App), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify or create derivative works of the Website or the App, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law). Any attempt to do so is a violation of our rights as a licensor. If you breach this restriction, you may be subject to prosecution and damages.

Intellectual Property

All intellectual property on the Service, which includes materials protected by copyright, trademark, or patent laws, is proprietary either to us or to third parties. All trademarks, service marks and trade names are owned, registered and/or licensed by us. All content offered by the Service (except for personal information), including but not limited to text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content (“Content”) is our intellectual property; all rights reserved.

Your User Account

Access to certain features of the Service may be available to the registered users only. To create a user account, you must be at least 18 years of age and are required to complete a registration form offered via the Service. User accounts for persons under the indicated age can be created by a parent or legal guardian.

By creating an account for use of the Service, you warrant that all the information provided by you for registration is true and accurate. You also agree not to misrepresent your identity by registering an account in the name of another person.

As a registered user of the Service, you must not sell or otherwise transfer your account credentials (i.e. your username and password) to any third party. You acknowledge that you are solely responsible for maintaining confidentiality and security of your user account credentials. We are not responsible for any losses arising from the unauthorized use of your account. If you suspect that your account has been compromised, please contact us at the applicable email address specified in section “Contact Us” below.

Your user account may be accessed by entering your credentials on any platform, across which the Service operates. You may terminate your user account at any time as described in the Termination clause below.

We reserve the right to suspend or terminate your user account at any time without notice as provided by these Terms of Use.

 

For Partners

The term “Partner” shall include “Doctors” providing medical care to Users on the Casamed digital platform as well as trained and qualified “Physiotherapists” providing their services on Casamed digital platform.

 

To begin the enrolment process, the Partner must complete the registration process for one or more of the Services on https://casamed.in/partners-onboarding-form/. As part of the application, the Partner must provide us with his (or his business’) legal name, address, phone number, e-mail address, applicable tax registration details (if any) as well as any other information that we may request from time to time.

Unless otherwise agreed, it shall be the duties and obligations of the Partner to:

  1. provide quality services usually and/or inherently rendered by or expected from the Partner in general to Users of the APP and/or portal on charges and other terms and conditions mentioned hereinafter;
  2. perform and/or discharge such other duties and responsibilities as may be requested by us from time to time;
  3. not engage either directly or indirectly in any activity competing with that of Casamed including that the Partner shall cease, desist and refrain from acting on behalf of or as an officer, member, director, employee, shareholder, partner or hold any other office, of a person including corporate body involved in activities similar with that of Casamed;
  4. keep full details of Services provided hereunder to Users and ensure that all persons engaged by the Partner for providing Services shall always act in good faith and in manner befitting of a professional of highest ethical integrity towards the Users;
  5. in the event of any User complaint, allow Casamed to inspect, audit and copy all records relating to Services provided to User concerned;
  6. provide the service of teleconsultation and video consultation wherein the User will book a teleconsultation/video consultation on the Casamed digital platform and the same shall be communicated to the Partner within 3 hours of such booking on digital portal. The Partner shall carry out the teleconsultation/video consultation within 48 hours of the booking made by the patient and report the same to the Aggregator along with all supporting documents. In case of any rescheduling requirement, the Partner will inform the Aggregator of the same, and provide an alternative date and time for the teleconsultation/video consultation. For video consultations and teleconsultations, the Partner is expected to follow all the guidelines laid down under the Telemedicine Practice Guidelines, 2020 along with all relevant laws, rules and regulations made for medical professionals and physiotherapists;
  7. in addition to the above, the Partner shall also provide a free follow up session to the User within 30 days of the first session or consultation, wherein the Partner will check-up on the User’s condition and evaluate the effects of the treatment. If the Partner feels that the User requires further sessions or consultations as the case may be, the Partner will inform the User of the same and also inform the Aggregator that further sessions may be required to effectively treat the User.
  8. the Partner will also offer home visits to the Users wherein the User books an appointment on the Aggregator’s digital platform, the same shall be communicated to the Partner within 3 hours of the such booking on the Aggregator’s portal. The Partner thereafter shall endeavour carry out the home visit within 48 hours of the booking made by the User and report the same to the Aggregator along with all supporting documents. The consultation fees shall be as per the agreed terms.
  9. The Partner will make available to SHPL his name/qualification/specialty/timing and OPD consultation fee for display on CASAMED Application to ensure full transparency for Users.

Privacy

Any and all issues regarding the provision of your personal information are governed by our Privacy Policy and you are giving your consent to the collection of such information by using the Service. Therefore, we recommend you, and you should ensure that you have read the Privacy Policy carefully.

Links

The Service may contain links to websites, applications or other products or services operated by other companies (“Third-Party Services”). We do not endorse, monitor or have any control over these Third-Party Services, which have separate terms of use and privacy policies. We are not responsible for the content or policies of Third-Party Services and you access such Third-Party Services at your own risk.

Unauthorized Use

You shall not in any way use the Service or submit to us or to the Service or to any user of the Service anything which in any respect:

is in breach of any law, statute, regulation or by-law of any applicable jurisdiction;

is fraudulent, criminal or unlawful;

is inaccurate or out-of-date;

may be obscene, indecent, pornographic, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive, hateful, menacing, defamatory, untrue or political;

impersonates any other person or body or misrepresents a relationship with any person or body;

may infringe or breach the copyright or any intellectual property rights (including without limitation copyright, trademark rights, and broadcasting rights) or privacy or other rights belonging to us or any third party;

may be contrary to our interests;

is contrary to any specific rule or requirement that we stipulate on the Service in relation to a particular part of the Service or the Service in general;

involves your use, delivery or transmission of any viruses or anything likely intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.

 

Fees and Payments

The Service offers subscription to the Content which may be purchased as an in-app purchase via the App (“In-App Purchase”).

Depending on the purchase, please refer to the appropriate section below to read the applicable purchase terms.

By making the In-App Purchase, you are granted the right to access the features of the Service (Content, subscriptions) you have acquired as a result of such purchase on any platform across which the Service operates. To access the purchase on the Website or in the App, please use your user account credentials.

The Purchase within the App can be made by using any payment method accepted by the Website.

By making Purchase you are granted access to the musculoskeletal care platform. You agree that Purchase is final, that we will not refund any transaction once it has been made and that the Purchase cannot be cancelled.

By purchasing a subscription plan of your choice to the Content via the App, you will pay the app store from which you have downloaded the App (“App Store”) the applicable fees (and any related taxes) disclosed to you through the App as they become due.

DELETING THE APP DOES NOT CANCEL YOUR SUBSCRIPTIONS AND FREE TRIALS.

To the maximum extent permitted by applicable laws, we may change subscription fees at any time. We will give you a reasonable notice of any such pricing changes by posting the new prices on or through the App and/or by sending you an email notification. Any such change will not affect the ongoing subscription plans and will only come into effect on purchase of a new or add on plan.

By signing up for certain subscriptions, you agree that your subscription may be automatically renewed. Unless you cancel your subscription, you authorize the App Store(s) to charge you for the renewal term. The period of auto-renewal will be the same as your initial subscription period unless otherwise disclosed to you through the App. The renewal rate will be no more than the rate for the immediately prior subscription period, excluding any promotional and discount pricing, unless we notify you of a rate change prior to your auto-renewal. You must cancel your subscription in accordance with the cancellation procedures disclosed to you for the particular subscription. We will not refund fees that may have accrued to your account and will not prorate fees for a cancelled subscription.

We may offer a free trial subscription for the Service. Free trial provides you with access to the Service for a period of time, with details specified when you sign up for the offer. Unless you cancel before the end of the free trial, or unless otherwise stated, your access to the Service will automatically continue and you will be billed the applicable fees for the Service. We may send you a reminder when your free trial is about to end, but we do not guarantee any such notifications. It is ultimately your responsibility to know when the free trial will end. We reserve the right, in our absolute discretion, to modify or terminate any free trial offer, your access to the Service during the free trial, or any of these terms without notice and with no liability. We reserve the right to limit your ability to take advantage of multiple free trials.

The Service and your rights to use it expire at the end of the paid period of your subscription. If you do not pay the fees or charges due, we may make reasonable efforts to notify you and resolve the issue; however, we reserve the right to disable or terminate your access to the Service (and may do so without notice).

IN ADDITION TO PURCHASING SUBSCRIPTIONS, YOU MAY BE OFFERED ADD-ON ITEMS FOR AN ADDITIONAL FEE. This purchase is optional: your subscription is not conditional on such purchase. If you choose to purchase any add-on items, you will be immediately charged the relevant fee indicated on the purchase screen. In contrast to subscriptions, add-on items are one-off lifetime purchase that is final and cannot be cancelled. Add-on items do not provide for a free trial.

You authorize the App Store(s) to charge the applicable fees to the payment card that you submit.

Subscriptions as well as add-on items purchased via an App Store are subject to such App Store’s refund policies. This means we cannot grant refunds. You will have to contact an App Store support.

 

Disclaimer

While the service is developed based on inputs from expert medical professionals, we recommend you to consult your physician and therapist before using the service. Your use of any aspect of the Service is at your own risk. You must consult with certified healthcare practitioners, physiotherapists or physicians and make your medical decisions based on their advice. We cannot and do not accept any liability in respect of any activities that you may undertake through the Service use.

You should understand that when participating in any exercise or exercise program, there is the possibility of physical injury. If you engage in this exercise or exercise program, you agree that you do so at your own risk, are voluntarily participating in these activities, assume all risk of injury (including but not limited to bruise, cuts, soreness, muscle and tendon injuries, ligament and skeletal injuries, fractured and broken bones, concussions, heart attacks) to yourself, and agree to release and discharge Sahika Healthcare Private Limited from any and all claims or causes of action, known or unknown, arising out of CASAMED

We make no representations or warranties whatsoever in respect of the Service. Information regarding health, medical advice and otherwise may be provided by third parties, including other users of the Service. We cannot accept any liability whatsoever in respect of any content which is provided by third parties and/or any other users of the Service. Any actions you take based on content, notifications and otherwise provided by the Service are taken at your sole risk and we will not accept any liability in respect thereof. You should always check any information provided through the Service to ensure its accuracy. To the maximum extent permitted by applicable law, the Service is provided on an “as is” and “as available” basis. We make no representations or warranties of any kind, express or implied, as to the operation of the Service or any information, content, materials or products included or referenced therein. To the full extent permissible by applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, non-infringement of third parties’ rights and fitness for a particular purpose. You acknowledge that your use of the Service is at your sole risk.

We disclaim any implied or statutory warranties regarding:

the security, accuracy, reliability, timeliness and performance of the Service; or

the performance of or accuracy, quality, currency, completeness or usefulness of any information provided by the Service; or

that the Service will be error-free or that any errors will be corrected.

We do not warrant that any description provided through the Service regarding healthcare or otherwise is accurate, complete, reliable, current, safe or error-free. No communication, information or advice given by us or any representative of ours, whether written or oral, shall create any warranty. If you choose to rely on such information, you do so solely at your own risk. Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you.

The Service may not be available in all languages or in all countries, and we make no representation that the functionality of the Service would be appropriate, accurate or available for use in any particular location. The Service availability and pricing are subject to change.

This disclaimer constitutes an essential part of these Terms of Use.

 

Availability, Appointment, Rescheduling, Free review and/or Cancellation :

Tele-consultations/Video Consultation shall be available for Physiotherapy and other related services offered by CASAMED. Tele-consultation/Video Consultation from a specific doctor/physiotherapist shall be available subject to his/her availability/willingness/discretion. Confirmation of your appointment with a specific doctor/physician, as per his/her availability, shall be sent to you via SMS and/or email. CASAMED reserves the right to reschedule or cancel an appointment without any prior notice.

The time provided for consultation to you is indicative and actual consultation time may change depending on the consulting Doctor’s/Physiotherapist’s discretion. Your consulting Physician reserves the right to provide Post consultation free review.

Consultations can be booked, rescheduled or cancelled only with prior intimation to CASAMED and the booking, rescheduling of the Tele-Consultation sessions shall be the sole discretion of the CASAMED.

Cancellation & Rescheduling Deadlines

All consultations shall be deemed confirmed only upon successful payment and submission of requisite documents; failure to either of which may result in auto cancellation of the booked appointment.

Patient may further choose to cancel the appointment any time, but would be eligible for full refund only for cancellations made 24 hours prior to the appointment.

Information and Documents required :

You are solely responsible for the medical, health and personal information you provide in CASAMED App. The advice of the doctor/physiotherapist will depend upon the information you provide in the CASAMED App.  

User discretion is advised while submitting/uploading your required personal and clinical information on the specified place and selecting the Doctor/Physiotherapist for seeking appropriate advice related to condition of the patient. This information shall include patient’s details including contact details, medical history, testing/investigations results/reports, prescriptions, card holder name and other relevant details.

CASAMED services are available for use for children, but the Registered Member for all patients under the age of 18 must be the patient’s parent or legal guardian. If you register as the parent or legal guardian on behalf of a minor, you will be fully responsible for complying with these Terms of Use 

If the information provided by you is false/deceptive/inaccurate or misleading, CASAMED reserves the right to cancel your appointment without assuming any liability whatsoever. Hence, it’s advised to submit/upload all relevant and accurate information on the portal. The information provided by you may be used by for the purpose of services including analysis, research, training and disclosure (where required) to its affiliates, agents and government authorities

The information provided by you can be kept with CASAMED indefinitely and can be used without revealing your identity.

Equipment and connectivity requirement :

The services available on the website shall be provided to you via audio/video consultation, or as an offline review through e-mail. Please ensure that you are equipped with proper video conference equipment and internet connectivity as mentioned or is relevant for the service you want to avail. In case of inadequate video conference equipment, technical error or defective internet connectivity CASAMED reserves the right to reschedule or cancel your appointment without any notice.  

You understand and acknowledge that in case on online consultation, there will not be any physical examination involved and the consultation services shall be provided remotely. The opinion delivered by the doctor / physiotherapist shall solely be based on the verbal communication between the concerned doctor or the physiotherapist and the patient and the test reports and other information provided/uploaded by you on the website.

CASAMED or the consulting Doctor/Physiotherapist shall not be liable for misdiagnosis / faulty judgment / interpretation error / perception error/Adverse events/ inefficacy of prescribed treatment or advice/validity of the advice or prescription provided by the consulting Doctor in your country of residence/ unavailability of the recommended or prescribed treatment or medication under any condition or circumstances. Users are advised to use their discretion for following the advice obtained post consultation from CASAMED.

CASAMED Services are not meant in any way for emergency and life-threatening conditions. It is advised to take the patient to the nearest hospital in such cases.

Limitation of Liability

To the maximum extent permitted by applicable law, under no circumstances and under no legal or equitable theory, whether in tort, contract, strict liability or otherwise, shall we, our affiliates, or any of our or their employees, directors, officers, agents, vendors or suppliers be liable to you or to any third party for any personal injury, including death, or for any indirect, special, incidental or consequential losses or damages of any nature arising out of or in connection with the use of or inability to use the Service, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or Device failure or malfunction, even if a representative of ours has been advised of or should have known of the possibility of such damages. In no event will we be liable for any damages in excess of fifty US dollars ($50).

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.

Any claims arising in connection with your use of the Service must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms of Use are exclusive and are limited to those expressly provided for in these Terms of Use, even if the applicable remedy under these Terms of Use fails of its essential purpose.

Indemnity

You agree to defend, indemnify, and hold us harmless including our officers, directors, employees, agents, subcontractors, licensors and suppliers, any of our affiliated companies or organizations, and any successors, assigns or licensees, from and against any claims, actions or demands, damages, losses, liabilities, judgments, settlements, costs or expenses (including attorneys’ fees and costs) arising directly or indirectly from or relating to:

the breach of these Terms of Use by you or anyone using your Device or your user account credentials (password or login information);

any other matter for which you are responsible under these Terms of Use or under any applicable law.

You agree that your use of the Service shall be in compliance with all applicable laws, regulations, and guidelines.

We reserve the right to assume the exclusive defense and control of any demand, claim or action arising hereunder or in connection with the Service and all negotiations for settlement or compromise. You agree to fully cooperate with us in the defense of any such demand, claim, action, settlement or compromise negotiations, as requested by us.

Termination

These Terms of Use are effective until terminated by either you or us.

You may terminate these Terms of Use at any time, provided that you discontinue any further use of the Service. You may also terminate your user account by using the appropriate deletion functions, if available through the Service.

If you violate these Terms of Use, we reserve the right to terminate your use or access to the Service, including by means of terminating your account.

We, however, may, in our sole discretion, terminate these Terms of Use, your access to any part or all of the Service, or your account, at any time and for any reason, without penalty or liability to you or any third party. In the event of your breach of these Terms of Use, these actions are in addition to and not in lieu or as limitation of any other right or remedy that may be available to us. Upon any termination of the Terms of Use by either you or us, you must promptly uninstall the App on all of your Devices and destroy all materials downloaded or otherwise obtained from the Service, all documentation, and all copies of such materials and documentation. The following provisions survive the expiration or termination of these Terms of Use for any reason whatsoever: Intellectual Property, Disclaimer, Limitations of Liability, Indemnity, Choice of Law and Dispute Resolution, Entire Agreement and Severability.

Choice of Law and Dispute Resolution

These Terms of Use and any non-contractual obligations arising out of or in connection with them shall be governed by, and construed in accordance with the laws of India. Any dispute, controversy or claim arising out of or in connection with these Terms of Use, or the breach, termination or invalidity thereof, shall be finally settled by arbitration. The seat of arbitration shall be Delhi, India. The language to be used in the arbitral proceedings shall be English.

Entire Agreement

These Terms of Use and Privacy Policy constitute the entire agreement between you and us pertaining to the subject matter hereof (“Agreement”). Anything contained in or delivered through the Application that is inconsistent with or conflicts with the terms of this Agreement is superseded by the terms of this Agreement. These Terms of Use may not be modified, in whole or in part, except as described elsewhere in these Terms of Use.

Severability

If any of the provisions of these Terms of Use are held to be not enforceable by a court or other tribunal of competent jurisdiction, then such provisions shall be amended, limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect.

Assignability

You shall not assign or transfer these Terms of Use, by operation of law or otherwise, without our prior written and explicit consent.

You agree that these Terms of Use, Privacy Policy and/or the Agreement between you and us in general may be assigned by us, in our sole discretion to any third party.

Contact Us

All notices to you relating to these Terms of Use shall be notified to you either via the Service or via the e-mail address that you provided to us.

Please submit any notices to us with respect to the Service or these Terms of Use via [email protected]

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