Terms and Conditions

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE

Please carefully go through these terms and conditions (“Terms”) and the privacy policy available at https://www. experthealthadvise.com/company/privacy (“Privacy Policy”) before you decide to access the Website or avail the services made available on the Website by EHA. These Terms and the Privacy Policy together constitute a legal agreement (“Agreement”) between you and EHA in connection with your visit to the Website and your use of the Services (as defined below).

1. NATURE AND APPLICABILITY OF TERMS
The Agreement defines the terms and conditions under which you are allowed to use the Website and describes the manner in which we shall treat your account while you are registered as a member with us. 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 member, or already member, on the Website, including designated, authorised associates of such practitioners or institutions (“Practitioner(s)”, “you” or “User”); or
A patient, his/her representatives or affiliates, searching for Practitioners through the Website (“End-User”, “Patient”, “you” or “User”); or

Otherwise a user of the Website (“you” or “User”).

This Agreement applies to those services made available by EHA on the Website, which are offered free of charge to the Users (“Services”), including the following:

1.1 For Doctors:

Doctor will not try to contact any patient directly/personally or without consent of eHA in case of urgent condition.
Doctor will follow the ethical code of conduct. eHa will not be responsible of any claims made by the patient in against the member doctor.
eHa is only a platform that works as an information exchange between various users (i.e. Doctor, Patient and Others).

1.2 For Patients:

It has no medico legal stand.
Advise or consultation given is based on the Reports provided by Patient.
No physical evaluation of patient is done and patient understands this. The Services may change from time to time, at the sole discretion of EHA, 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. If you have any questions about any part of the Agreement, feel free to contact us at ehadetails@gmail.com..

By downloading or accessing the Website to use the Services, you irrevocably accept all the conditions stipulated in this Agreement and agree to abide by them.

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 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 to 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 use of the Website and the Services will be solely at the discretion of EHA.

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 Website in any manner. By registering, visiting and using the Website or accepting this Agreement, you represent and warrant to EHA 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. USER CONDUCT – ONLINE COMMUNITIES AND OTHER INTERACTIVE AREAS.

3.1 END-USER ACCOUNT AND DATA PRIVACY

3.1.1 The terms “personal information” and “sensitive personal data or information” are defined under the SPI Rules, and are reproduced in the Privacy Policy.

3.1.2 EHA may by its Services, collect information relating to the devices through which you access the Website, and anonymous data of your usage. The collected information will be used only for improving the quality of EHA’s services and to build new services.

3.1.3 The Website allows EHA 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 services offered.

The Privacy Policy sets out:

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 EHA will disclose such information; and,

Other information mandated by the SPI Rules.

3.1.4 The User is expected to read and understand the Privacy Policy, so as to ensure that he or she has the knowledge of:

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.

3.1.5 EHA 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 EHA or to any other person acting on behalf of EHA.

3.1.6 The User is responsible for maintaining the confidentiality of the User’s account access information and password, if the User is registered on the Website. 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 EHA of any actual or suspected unauthorized use of the User’s account or password. Although EHA will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of EHA or others due to such unauthorized use.

3.1.7 If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or EHA has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, EHA has the right to discontinue the Services to the User at its sole discretion.

3.1.8 EHA may use such information collected from the Users from time to time for the purposes of debugging customer support related issues.

3.1.9 Against every service offered by EHA you agree to recive the related information through the provided communication mode. Using conferencing service, EHA does not hold any responsibility on quality of call and information exchanged. When you choose this option, you choose to connect with chosen/advised expert and the records of such calls may be recorded and stored in EHA’s servers. Such records are dealt with only in accordance with the terms of the Privacy Policy. EHA accepts no liability if the offered facility is not used in accordance with the foregoing.

3.1.10 EHA will offer and may provide End-Users with a facility known as ‘Health Records’ on the Website and its mobile application. The specific terms relating to such account are as below, without prejudice to the rest of these Terms and the Privacy Policy:

Your Health Account is only created after you have signed up and explicitly accepted these Terms.
Information available in your Health Record is of two types:
(a)Patient-created:Information generated and uploaded by patient.
(b) Practice-created: Information generated by your interaction with an Expert who uses offered Services of software.

Any Expert information is provided on an as-is basis and EHA does not validate the said information and makes no representation in connection therewith. You should contact the relevant Expert in case you wish to point out any discrepancies or add, delete, or modify the information in any manner.

The Health Record is provided on a best-efforts as-is basis. While we strive to maintain the highest levels of service availability, EHA is not liable for any interruption that may be caused to your access of the Services.
It is your responsibility to keep your correct mobile number and email ID updated in the User Account. The records will be sent to the account associated with this mobile number and/or email ID. Every time you change any contact information (mobile or email), we will send a confirmation. EHA is not responsible for any loss or inconvenience caused due to your non-updation of your contact details for the account.
EHA uses industry–level security and encryption to your Health Records, data storage. However, EHA cannot guarantee prevent unauthorized access if you lose your login credentials or they are otherwise compromised. Please safeguard your login credentials and report any actual suspected breach of account to ehadetails@gmail.com.

If you access your dependents’ record through your Health Record by registering your dependents with your own account, you are deemed to be responsible for the records of your dependents and all obligations that your dependants would have had had they maintained their own separate individual Health record.

4. CONTENT OWNERSHIP AND COPYRIGHT CONDITIONS OF ACCESS

4.1 The Website and the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (collectively, the “Content”) on the Website is owned and controlled by EHA and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights.

4.2 The trademarks, logos and service marks displayed on the Website (“Marks”) are the property of EHA or their vendors or respective third parties. You are not permitted to use the Marks without the prior consent of EHA, the vendor or the third party that may own the Marks.

4.3 Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, EHA COMPANY owns all intellectual property rights to and into the trademark “EHA”, and the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.

4.4 EHA authorizes the User to view and access the content available on or from the Website solely for ordering, receiving, delivering and communicating only as per this Agreement. The contents of the Website, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the Website (collectively, “EHA Content”), are the property of the Company and are protected under copyright, trademark and other laws. User shall not modify the EHA Content or reproduce, display, publicly perform, distribute, or otherwise use the EHA Content in any way for any public or commercial purpose or for personal gain.

4.5 User shall not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes

5. LIMITATION OF LIABILITY

In no event, including but not limited to negligence, shall EHA, or any of its directors, officers, employees, agents or content or service providers (collectively, the “Protected Entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Website or the content, materials and functions related thereto, the Services, User’s provision of information via the Website, lost business or lost End-Users, even if such Protected Entity has been advised of the possibility of such damages. In no event shall the Protected Entities be liable for:

provision of or failure to provide all or any service by Doctors/Experts/Hospitals to End- Users contacted or managed through the Website;
any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Website;

any unauthorized access to or alteration of your transmissions or data; or

any other matter relating to the Website or the Service.

6. PRIVACY POLICY

By using this Website, you agree that any information shared by you with EHA or with any Expert will be subject to our Privacy Policy.

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”) relating to Expert or other healthcare professionals. The role of EHA in publishing Critical Content is restricted to that of an ‘intermediary’ under the Information Technology Act, 2000. EHA 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. EHA shall not be liable to pay any consideration to any User for re-publishing any content across any of its platforms.

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. EHA, at its sole discretion, may choose not to publish your reviews and feedback, if so required by applicable law, and in accordance with these Terms. You agree that EHA may contact you through telephone, email, SMS, or any other electronic means of communication for the purpose of:

Obtaining feedback in relation to Website or EHA’s services; and/or
Obtaining feedback in relation to any Expert listed on the Website; and/or

Resolving any complaints, information, or queries by Experts regarding your Critical Content;

and you agree to provide your fullest co-operation further to such communication by EHA.

7. TERMS OF USE

7.1 LISTING POLICY

7.1.1 EHA, directly and indirectly, collects information regarding the Doctors/Hospitals’ profiles, contact details, and practice, and publishes these details on the Website, after authorised consent. On a complaint or request, EHA may take down any part of such profile on the Website, provided, however, that EHA shall at no time be under any obligation to take down publicly available information about a Expert/Hospital, his/her profile, contact details and/or practice. All information regarding the Individuals’ profiles, contact details, and practice is collected for the purpose of facilitating interaction between and among End-Users, members of the public and Doctors/Experts/Hospitals. If any information displayed on the Website in connection with you and your profile is found to be incorrect, you are required to inform EHA immediately to enable EHA to make the necessary amendments.

7.1.2 EHA shall not be liable and responsible for the ranking of the Practitioners on external websites and search engines.

7.1.3 EHA shall not be responsible or liable in any manner to the Users for any losses, damage, injuries or expenses incurred by the Users as a result of any disclosures or publications made by EHA, where the User has expressly or implicitly consented to the making of disclosures or publications by EHA. If the User had revoked such consent under the terms of the Privacy Policy, then EHA shall not be responsible or liable in any manner to the User for any losses, damage, injuries or expenses incurred by the User as a result of any disclosures made by EHA prior to its actual receipt of such revocation.

7.1.4 EHA reserves the right to moderate the suggestions made by the Doctors/Experts/Hospitals through feedback and the right to remove any abusive or inappropriate or promotional content added on the Website. However, EHA shall not be liable if any inactive, inaccurate, fraudulent, or non- existent profiles of Doctors/Experts/Hospitals are added to the Website.

7.1.5 EHA reserves the right to publish the User information to a third party, subject to prior explicit informed consent from the User.

7.1.6 When Doctors/Experts/Hospitals are listed on www.experthealthadvise.com, End-Users may opt for any service(s) offered by Doctors/Experts/Hospitals, EHA accepts no liability if the services/facility is not used/offered in accordance with the foregoing.

7.1.7 You as a Doctors/Experts/Hospitals hereby represent and warrant that you will use the 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 EHA accepts no liability for the same.

7.2 PROFILE OWNERSHIP AND EDITING RIGHTS

EHA ensures easy access to the Doctors/Experts/Hospitals by providing a tool to update your profile information. EHA reserves the right of ownership of all the Doctors/Experts/Hospitals’s profile and photographs and to moderate the changes or updates requested by Doctors/Experts/Hospitals. However, EHA 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 EHA’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, EHA may modify or delete parts of your profile information at its sole discretion with or without notice to you.

7.3 REVIEWS AND FEEDBACK DISPLAY RIGHTS

7.3.1 EHA reserves the right to collect feedback and Critical Content for all the Doctors/Experts/Hospitals, Practitioners, Clinics and Healthcare Providers listed on the Website.

7.3.2 EHA 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.

7.3.3 EHA shall not be liable for any effect on Doctors/Experts/Hospital’s business due to Critical Content of a negative nature. In these respects, you may use the Service at your own risk. EHA however, as an ‘intermediary, takes steps as required to comply with 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 Paragraphs 3.6 and 6 of these Terms.

7.3.5 EHA 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 Website shall be applicable mutatis mutandis in relation to Critical Content posted on the Website.

7.3.6 If EHA determines that you/Doctors/Experts/Hospitals have provided inaccurate information or enabled fraudulent feedback, EHA reserves the right to immediately suspend any of your accounts with EHA website and makes such declaration on the website alongside your name/your clinics name as determined by EHA for the protection of its business and in the interests of Users. You shall be liable to indemnify EHA for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected EHA or its Users.

8. TERMINATION

EHA reserves the right to suspend or terminate a User’s access to the Website and the Services with or without notice and to exercise any other remedy available under law, in cases where,

Such User breaches any terms and conditions of the Agreement;
A third party reports violation of any of its right as a result of your use of the Services

EHA is unable to verify or authenticate any information provide by a User/ Doctors/Experts/Hospitals;

EHA has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User; or
EHA believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for EHA or are contrary to the interests of the Website.

Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the 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 Website 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.

9. APPLICABLE LAW AND DISPUTE SETTLEMENT

9.1 You agree that this Agreement and any contractual obligation between EHA and User will be governed by the laws of India.

9.2 Any dispute, claim or controversy arising out of or relating to this Agreement, including the determination of the scope or applicability of this Agreement to arbitrate, or your use of the Website or the Services or information to which it gives access, shall be determined by arbitration in India, before a sole arbitrator appointed by EHA.
10. LINKS AND THIRD PARTY CONTENT. LINKS TO OTHER WEB SITES.

This Site may from time to time contain links to other Web sites. These links are provided as a convenience and do not constitute an endorsement, sponsorship or recommendation by EHA of — or responsibility for — the linked Web sites or any content, services or products available on or through such sites.

11. DISCLAIMERS

THIS SITE AND THE CONTENT AVAILABLE THROUGH IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU EXPRESSLY AGREE THAT USE OF THIS SITE AND/OR ITS CONTENT IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, EHA AND ITS AFFILIATES DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THE SITE, IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR BUSINESS, YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, DATA AND/OR SOFTWARE.

YOU ACKNOWLEDGE THAT EHA DOES NOT CONTROL INFORMATION, PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SITE. EXCEPT AS OTHERWISE AGREED IN WRITING, EHA AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF ANY ADVICE, OPINION, STATEMENT OR OTHER CONTENT OR OF ANY PRODUCTS OR SERVICES DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH THE SITE.

EHA ASSUMES NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY A USER, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA FROM DELAYS, NONDELIVERIES OF CONTENT OR EMAIL, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OF CONTENT OR EMAIL, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION, OR SERVICE INTERRUPTIONS CAUSED BY THE NEGLIGENCE OF EHA, ITS AFFILIATES, ITS LICENSORS, OR A USER’S OWN ERRORS AND/OR OMISSIONS EXCEPT AS SPECIFICALLY PROVIDED HEREIN, EHA DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THE SITE WILL BE MAINTAINED.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EHA OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN WRITING. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.