HopeQure Wellness Solutions Private Limited (“HopeQure”) is the author and publisher
of the internet resource www.HopeQure.com and the mobile application ‘HopeQure’
(together, “Website”). HopeQure owns and operates the services provided through
1.NATURE AND APPLICABILITY OF TERMS
Please carefully go through these terms and conditions (“Terms”) and the
before you decide to access the Website or avail the services made available on
a legal agreement (“Agreement”) between you and HopeQure in connection with
your visit to the Website and your use of the Services (as defined below).
The Agreement applies to you whether you are -
- A medical practitioner or health care provider (whether an individual professional
or an organization) or similar institution wishing to be listed, or already listed,
on the Website, including designated, authorized associates of such practitioners
or institutions (“Practitioner(s)”, “you” or “User”); or
- A patient, his/her representatives or affiliates, searching for Practitioners through
the Website (“End-User”, “you” or “User”); or
- Otherwise a user of the Website (“you” or “User”).
This Agreement applies to those services made available by HopeQure on the Website,
which are offered free of charge to the Users (“Services”), including the
- For Practitioners: Listing of Practitioners and their profiles and contact details,
to be made available to the other Users and visitors to the Website;
- For other Users: Facility to (i) create and maintain ‘Health Accounts’, (ii) search
for Practitioners by name, specialty, and geographical area, or any other criteria
that may be developed and made available by HopeQure, and (iii) to make appointments
The Services may change from time to time, at the sole discretion of HopeQure, and
the Agreement will apply to your visit to and your use of the Website to avail the
Service, as well as to all information provided by you on the Website at any given
point in time.
This Agreement defines the terms and conditions under which you are allowed to use
the Website and describes the manner in which we shall treat your account while
you are registered as a member with us. If you have any questions about any part
of the Agreement, feel free to contact us at support@HopeQure.com.
By downloading or accessing the Website to use the Services, you irrevocably accept
to abide by them. This Agreement supersedes all previous oral and written terms
and conditions (if any) communicated to you relating to your use of the Website
to avail the Services. By availing any Service, you signify your acceptance of the
terms of this Agreement.
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
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
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
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 HopeQure 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.
The terms in this Clause 3 are applicable only to Users other than Practitioners.
- 3.1END-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
- 3.1.2 HopeQure 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 HopeQure’s services and to build new services.
- 3.1.3 The Website allows HopeQure to have access to
registered Users’ personal email or phone number, for communication purpose so as
to provide you a better way of booking appointments and for obtaining feedback in
relation to the Practitioners and their practice.
- The type of information collected from Users, including sensitive personal data
- The purpose, means and modes of usage of such information;
- How and to whom HopeQure will disclose such information; and,
- Other information mandated by the SPI Rules.
- 3.1.5 The User is expected to read and understand the
- the fact that certain information is being collected;
- the purpose for which the information is being collected;
- the intended recipients of the information;
- the nature of collection and retention of the information; and
- the name and address of the agency that is collecting the information and the agency
that will retain the information; and
- the various rights available to such Users in respect of such information.
- 3.1.6 HopeQure 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 HopeQure or to any other person acting on behalf of HopeQure.
- 3.1.7 The User is responsible for maintaining the confidentiality
of the User’s account access information and password, if the User is registered
on the 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 HopeQure of any actual or suspected unauthorized use of the User’s account
or password. Although HopeQure will not be liable for your losses caused by any
unauthorized use of your account, you may be liable for the losses of HopeQure or
such other parties as the case may be, due to any unauthorized use of your account.
- 3.1.8If a User provides any information that is untrue,
inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current
or incomplete), or HopeQure has reasonable grounds to suspect that such information
is untrue, inaccurate, not current or incomplete, HopeQure has the right to discontinue
the Services to the User at its sole discretion.
- 3.1.9HopeQure may use such information collected from
the Users from time to time for the purposes of debugging customer support related
- 3.1.10Against every Practitioner listed in HopeQure.com,
you may see a ‘show number’ option. When you choose this option, you choose to call
the number through a free telephony service provided by HopeQure, and the records
of such calls are recorded and stored in HopeQure’s servers. Such records are dealt
provided to you by HopeQure should be used only for appointment and booking purposes,
and not for consultation on health-related issues. HopeQure accepts no liability
if the call facility is not used in accordance with the foregoing.
- 3.2RELEVANCE ALGORITHM
HopeQure’s relevance algorithm for the Practitioners is a fully automated system
that lists the Practitioners, their profile and information regarding their Practice
on its Website. These listings of Practitioners do not represent any fixed objective
ranking or endorsement by HopeQure. HopeQure will not be liable for any change in
the relevance of the Practitioners on search results, which may take place from
time to time. The listing of Practitioners will be based on automated computation
of the various factors including inputs made by the Users including their comments
and feedback. Such factors may change from time to time, in order to improve the
listing algorithm. HopeQure in no event will be held responsible for the accuracy
and the relevancy of the listing order of the Practitioners on the Website.
- 3.3LISTING CONTENT AND DISSEMINATING INFORMATION
- 3.3.1HopeQure collects, directly or indirectly, and
displays on the Website, relevant information regarding the profile and practice
of the Practitioners listed on the Website, such as their specialization, qualification,
fees, location, visiting hours, and similar details. HopeQure takes reasonable efforts
to ensure that such information is updated at frequent intervals. Although HopeQure
screens and vets the information and photos submitted by the Practitioners, it cannot
be held liable for any inaccuracies or incompleteness represented from it, despite
such reasonable efforts.
- 3.3.2The Services provided by HopeQure 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). HopeQure does not provide or make any representation,
warranty or guarantee, express or implied about the Website or the Services. HopeQure
does not guarantee the accuracy or completeness of any content or information provided
by Users on the Website. To the fullest extent permitted by law, HopeQure disclaims
all liability arising out of the User’s use or reliance upon the Website, the Services,
representations and warranties made by other Users, the content or information provided
by the Users on the Website, or any opinion or suggestion given or expressed by
HopeQure or any User in relation to any User or services provided by such User.
- 3.3.3The Website may be linked to the website of third
parties, affiliates and business partners. HopeQure has no control over, and not
liable or responsible for content, accuracy, validity, reliability, quality of such
websites or made available by/through our Website. Inclusion of any link on the
Website does not imply that HopeQure endorses the linked site. User may use the
links and these services at User’s own risk.
- 3.3.4HopeQure 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 Website or the downloading
of any material, data, text, images, video content, or audio content from the Website.
If a User is dissatisfied with the Website, User’s sole remedy is to discontinue
using the Website.
- 3.3.5If HopeQure determines that you have provided
fraudulent, inaccurate, or incomplete information, including through feedback, HopeQure
reserves the right to immediately suspend your access to the Website or any of your
accounts with HopeQure and makes such declaration on the website alongside your
name/your clinic’s name as determined by HopeQure for the protection of its business
and in the interests of Users. You shall be liable to indemnify HopeQure for any
losses incurred as a result of your misrepresentations or fraudulent feedback that
has adversely affected HopeQure or its Users.
- 3.4BOOK APPOINTMENT AND CALL FACILITY
HopeQure enables Users to connect with Practitioners through two methods: a) Book
facility that allows Users book an appointment through the Website; b) Value added
telephonic services which connect Users directly to the Practitioner’s number provided
on the Website.
- 3.4.1HopeQure will ensure Users are provided confirmed
appointment on the Book facility. However, HopeQure has no liability if such an
appointment is later cancelled by the Practitioner, or the same Practitioner is
not available for appointment. Provided, it does not fall under the heads listed
under the HopeQure Guarantee
Program, in which case the terms of this program shall apply.
- 3.4.2If a User has utilized the telephonic services,
HopeQure reserves the right to share the information provided by the User with the
Practitioner and store such information and/or conversation of the User with the
Practitioner, in accordance with our
- 3.4.3The results of any search Users perform on the
Website for Practitioners should not be construed as an endorsement by HopeQure
of any such particular Practitioner. If the User decides to engage with a Practitioner
to seek medical services, the User shall be doing so at his/her own risk.
- 3.4.4 Without prejudice to the generality of the above,
HopeQure 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 HopeQure will not be liable for:
- User interactions and associated issues User has with the Practitioner;
- the ability or intent of the Practitioner(s) or the lack of it, in fulfilling their
obligations towards Users;
- any wrong medication or quality of treatment being given by the Practitioner(s),
or any medical negligence on part of the Practitioner(s);
- inappropriate treatment, or similar difficulties or any type of inconvenience suffered
by the User due to a failure on the part of the Practitioner to provide agreed Services;
- any misconduct or inappropriate behaviour by the Practitioner or the Practitioner’s
- cancellation or no show by the Practitioner or rescheduling of booked appointment
or any variation in the fees charged, provided these have been addressed to under,
HopeQure Guarantee Program.
- 3.4.5Users are allowed to provide feedback about their
experiences with the Practitioner, however, the User shall ensure that, the same
is provided in accordance with applicable law. User however understands that, HopeQure
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 Website.
- 3.4.6In case of a ‘Patient-No-Show (P.N.S)’ (defined
below), where the User does not show-up at the concerned Practitioner’s clinic:
- User’s account will be temporarily disabled from booking further online appointments
on HopeQure.com for next four (4) months, in case of, three(3) Valid PNS, as per
the Patient-No-Show Policy.
However, the User can continue to call the clinic via HopeQure.com to get an appointment.
- Patient- No-Show (P.N.S) for the purposes of these Terms and Conditions, is defined
as, any instance where a User, who booked an appointment on the Website using the
Book Appointment facility , has not turned up for the appointment without cancelling,
rescheduling, or informing the Practitioner in advance about the same. When Practitioner
informs HopeQure of the incident or marks a particular appointment as P.N.S. using
the HopeQure Ray software or HopeQure Pro App within five (5) days of the scheduled
appointment, an email and SMS (“PNS Communication”) will be sent to the User to
confirm on the incident with reasons. Where the User is not able to establish that
the User had a legitimate reason as per Clause 3.4.6(c), for not showing up, HopeQure
shall be entitled to take actions as under Clause 3.4.6 (a). However Users understand
that, actions such as ones mentioned under Clause 3.4.6(a) are included as a deterrent
to stop Users from misusing the Website, and the loss of business hours incurred
by the Practitioner.
- Following instances, solely at the discretion of HopeQure, would be construed as
valid cases of PNS (“Valid PNS”), in which case the User shall be penalized as per
Clause 3.4.6 (a):
- User does not reply within seven (7) days, with reasons to PNS Communication, from
the date of receipt of such PNS Communication;
- In case User responds to the PNS Communication with below reasons:
- Forgot the appointment
- Chose to visit another Practitioner/consulted online;
- Busy with other work; or such other reasons (which HopeQure at its discretion decides
to be a valid reason to not show up).
- Where the User has booked a paid appointment and is unable to visit the Practitioner,
due to such genuine reasons of sickness etc. at the sole discretion of HopeQure,
pursuant to conducting of investigation, the User shall be provided with a refund
of such payment made by User, at the time of booking. However, where cancellation
charges have been levied, you would not be entitled to complete refund.
- HopeQure reserves the right to make the final decision in case of a conflict. The
total aggregate liability of HopeQure with respect to any claims made herein shall
be INR 200.
- 3.4.7Cancellation and Refund Policy
- In the event that, the Practitioner with whom User has booked a paid appointment
via the Website, has not been able to meet the User, User will need to write to
us at support@HopeQure.com within five (5) days from the occurrence of such event;
in which case, the entire consultation amount as mentioned on the Website will be
refunded to the User within the next five (5) to six (6) business days in the original
mode of payment done by the User while booking. In case where the User, does not
show up for the appointment booked with a Practitioner, without cancelling the appointment
beforehand, the amount will not be refunded, and treated as under Clause 3.4.6.
However, where cancellation charges have been levied (as charged by the Practitioner/Practice),
you would not be entitled to complete refund even if you have cancelled beforehand.
- Users will not be entitled for any refunds in cases where, the Practitioner is unable
to meet the User at the exact time of the scheduled appointment time and the User
is required to wait, irrespective of the fact whether the User is required to wait
or choose to not obtain the medical services from the said Practitioner.
- 3.5NO DOCTOR-PATIENT RELATIONSHIP; NOT FOR EMERGENCY
- 3.5.1Please note that some of the content, text, data,
graphics, images, information, suggestions, guidance, and other material (collectively,
“Information”) that may be available on the 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 HopeQure and you and does not
constitute an opinion, medical advice, or diagnosis or treatment of any particular
condition, but is only provided to assist you with locating appropriate medical
care from a qualified practitioner.
- 3.5.2It is hereby expressly clarified that, the Information
that you obtain or receive from HopeQure, and its employees, contractors, partners,
sponsors, advertisers, licensors or otherwise on the Website 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 Website. In no event shall we be liable to
you or anyone else for any decision made or action taken by you in reliance on such
- 3.5.3The Services are not intended to be a substitute
for getting in touch with emergency healthcare. If you are an End-User facing a
medical emergency (either on your or a another person’s behalf), please contact
an ambulance service or hospital directly.
- 3.6HopeQure CONSULT
HopeQure's Consult is a feature owned and provided by HopeQure that allows Users
& Practitioners to communicate, either on unpaid mode or on paid mode, depending
on the option chosen by the User. Further, Users may access this feature on HopeQure’s
platform to get assigned, for the purposes of consultation, to a Practitioner whereby
such Practitioners are, by default, assigned through the system’s algorithm/software-program
that finds the most available and accepting Practitioner or Users may choose Practitioners
of choice through the search options made available on HopeQure’s Website. The scope
of this feature as detailed herein is collectively referred to as "Consult".
- 3.6.2Terms for Users:
The Users expressly understand, acknowledge and agree to the following set forth
- In the event the Users intend to consult a specific Practitioner of choice, the
same is facilitated through search options as made available on HopeQure’s Website.
In cases where Users cannot choose a Practitioner (due to system setup), the system
uses an algorithm/software-program to find the most available and accepting Practitioner.
- In case any prescription is being provided to User by the Practitioner, the same
is being provided basis the online consultation, however it may vary when examined
in person, hence in no event shall the prescription provided by Practitioners be
relied as a final and conclusive solution.
- The Users agree to use the advice from Practitioner on the website pursuant to:
- a) an ongoing treatment with their medical practitioner;
- b) a condition which does not require emergency treatment, physical examination
or medical attention;
- c) medical history available as records with them for reference;
- d) a record of physical examination and report thereof with them, generated through
their local medical practitioner;
- e) consultation with their medical practitioner before abandoning or modifying their
- The User agrees that by using Consult, the Practitioners on Consult will not be
conducting physical examination of the Users, hence they may not have or be able
to derive important information that is usually obtained through a physical examination.
User acknowledges and agrees that the User is aware of this limitation and agrees
to assume the complete risk of this limitation.
- The User understands that Consult shall not form a substitute for treatment that
otherwise needs physical examination/immediate consultation.
- During the consultation and thereafter, the Practitioner may upload the prescription/health
records of the User on the account of the User for access of the User.
- Notwithstanding anything contained herein, HopeQure in no manner endorses any Practitioner(s)
that Users consult and is not in any manner responsible for any drug/medicines prescribed
or the therapy prescribed by the Practitioner.
- If Practitioner responds to the User’s query, the system could trigger communications
to the User, in the form of notification/text/email/others. The User further understands
that HopeQure may send such communications like text messages/email/calls before
and/or after Practitioner’s consultation (physical or online) to User’s mobile number
which is provided by Practitioner, based on the Practitioner’s settings. However
and notwithstanding anything to the contrary in this Agreement, HopeQure does not
take responsibility for timeliness of such communications.
- Consult, is merely a consulting model, any interactions and associated issues with
the Practitioner on Consult including but not limited to the User’s health issues
and/or the User’s experiences is strictly between the User and the Practitioner.
The User shall not hold HopeQure responsible for any such interactions and associated
- The User hereby grants consent to HopeQure to feature certain of Users queries posted
free of cost and respective Practitioners’ responses as posted by the User on HopeQure
Consult. Users further agree that any such information provided by the User will
- There is a follow-up feature that is made available on one of HopeQure’s product
- HopeQure Ray, through which the Practitioner can notify the User of a follow-up
facility that is available post their in-person consultation. The Practitioner can
define the duration and limit of messages that are available to the User for free.
When the User starts the follow-up, a chat window opens up for consultation with
the Practitioner for a certain period (set by the Practitioner) without having to
make any payment. Upon expiry, an option to pay and restart option is available
to the User. This enables the User to pay and initiate a paid consultation with
- Any conversations that the Users have had with the Practitioner will be retained
in HopeQure database as per the applicable laws and subject to confidentiality.
- User understands and agrees to provide accurate information, and will not use this
platform for any acts that are considered to be illegal in nature.
- If User decides to engage with a Practitioner to procure medical services or engages
in communication, exchange of money for services outside of Consult platform, User
shall do so at their own risk. HopeQure shall not be responsible for any breach
of service or service deficiency by any Practitioner.
- The User shall be bound by the jurisdiction as contained in these Terms and Conditions
hereunder, at all times, irrespective of the location they may be consulting with
- The User shall indemnify and hold harmless HopeQure and its affiliates, subsidiaries,
directors, officers, employees and agents from and against any and all claims, proceedings,
penalties, damages, loss, liability, actions, costs and expenses (including but
not limited to court fees and attorney fees) arising due to or in relation to the
use of Website by the User, by breach of the Terms or violation of any law, rules
or regulations by the User, or due to such other actions, omissions or commissions
of the User that gave rise to the claim.
- If User decides to use the payment gateway to make payments online, it is solely
at User's discretion. Should there be any issues with regard to the payment not
reaching the respective Practitioner’s account, please reach out to
- 3.6.3Cancellation and Refund Policy:
- 3.6.4Express Disclaimers:
- Consult is intended for general purposes only and is not meant to be used in emergencies/serious
illnesses requiring physical consultation. Further, if the Practitioner adjudges
that a physical examination would be required and advises ‘in-person consultation’,
it is the sole responsibility of the User, to book an appointment for physical examination
and in-person consultation whether the same is with the Practitioner listed on the
Website or otherwise. In case of any negligence on the part of the User in acting
on the same and the condition of the User deteriorates, HopeQure shall not be held
- HopeQure is not a medical service provider, nor is it involved in providing any
healthcare or medical advice or diagnosis, it shall hence not be responsible and
owns no liability to either Users or Practitioners for any outcome from the consultation
between the User and the Practitioner.
- Consult is a platform being made available to Users to assist them to obtain consultation
from Practitioners and does not intend to replace the physical consultation with
- 3.6.5Terms for Practitioners:
- The Practitioner shall promptly reply to the User after receiving User’s communication.
In case of non-compliance with regard to adhering to the applicable laws/rules/regulations/guidelines
by the Practitioner, HopeQure shall have the right to replace such Practitioners
for the purpose of consultation to the User or remove such Practitioners from the
platform/HopeQure application/site; Read more on guidelines here.
- The Practitioner understands and agrees that, HopeQure shall at its sole discretion,
at any time be entitled to, show as other Practitioners available for consultation.
- The Practitioner further understands that, there is a responsibility on the Practitioner
to treat the User, pari passu, as the Practitioner would have otherwise treated
the User on a physical one-on-one consultation model.
- The Practitioner has the discretion to cancel any consultation at any point in time
in cases where the Practitioner feels, it is beyond his/her expertise or his/her
capacity to treat the User. In such cases, it may trigger a refund to the User and
the User has the option of choosing other Practitioners. However, it is strongly
recommended that the Practitioner advise the User and explain appropriately for
- The Practitioner shall at all times ensure that all the applicable laws that govern
the Practitioner shall be followed and utmost care shall be taken in terms of the
consultation being rendered.
- The Practitioner acknowledges that should HopeQure find the Practitioner to be in
violation of any of the applicable laws/rules/ regulations/guidelines set out by
the authorities then HopeQure shall be entitled to cancel the consultation with
such Practitioner or take such other legal action as may be required.
- The payment gateway option is being provided to the Users to make payment easier.
In case wrong bank account details are provided by Practitioner, HopeQure will not
be responsible for loss of money, if any. In case of there being any technical failure,
at the time of transaction and there is a problem in making payment, you could contact
- It is further understood by the Practitioner that the information that is disclosed
by the User at the time of consultation is personal information and is subject to
all applicable privacy laws, shall be confidential in nature and subject to User
and Practitioner privilege.
- The Practitioner understands that the certain Consult features (such as follow-up
feature) shall be available only if the same has been enabled by the Practitioner
and that the maximum number of messages that Practitioner can send and the number
of days for which follow-up will be active for, shall be as set by the Practitioner.
- The Practitioner understands that when a User books a time-slot with the Practitioner
for online consultation, the Practitioner must comply with the time slot to the
best of their availability. In case of delay, the doctor must notify User to their
best possible ability.
- The Practitioner understands that HopeQure makes no promise or guarantee for any
uninterrupted communication and the Practitioner shall not hold HopeQure liable,
if for any reason the communication is not delivered to the User(s), or are delivered
late or not accessed, despite the efforts undertaken by HopeQure.
- It shall be the responsibility of the Practitioner to ensure that the information
provided by User is accurate and not incomplete and understand that HopeQure shall
not be liable for any errors in the information included in any communication between
the Practitioner and User.
- The Practitioner shall indemnify and hold harmless HopeQure and its affiliates,
subsidiaries, directors, officers, employees and agents from and against any and
all claims, proceedings, penalties, damages, loss, liability, actions, costs and
expenses (including but not limited to court fees and attorney fees) arising due
to the services provided by Practitioner, violation of any law, rules or regulations
by the Practitioner or due to such other actions, omissions or commissions of the
Practitioner that gave rise to the claim.
- Read more on Settlement Policy here.
- 3.7HopeQure HEALTH FEED
- 3.7.1HopeQure Health feed is an online content platform
available on the website, wherein Practitioners who have created a HopeQure profile
and Users who have created a health account can login and post health and wellness
- 3.7.2A User can use HopeQure Health feed by logging
in from their health account, creating original content comprising text, audio,
video, images, data or any combination of the same (“Content”), and uploading
said Content to HopeQure’s servers. HopeQure will make available to the User a gallery
of images licensed by HopeQure from a third party stock image provider (“HopeQure
Gallery”). The User can upload their own images or choose an image from
the HopeQure Gallery. HopeQure does not provide any warranty as to the ownership
of the intellectual property in the HopeQure Gallery and the User acknowledges that
the User will use the images from the HopeQure Gallery at their own risk. HopeQure
shall post such Content to HopeQure Health feed at its own option and subject to
these Terms and Conditions. The Content uploaded via HopeQure Health feed does not
constitute medical advice and may not be construed as such by any person.
- 3.7.3The User acknowledges that they are the original
authors and creators of any Content uploaded by them via HopeQure Health feed and
that no Content uploaded by them would constitute infringement of the intellectual
property rights of any other person. HopeQure reserves the right to remove any Content
which it may determine at its own discretion as violating the intellectual property
rights of any other person. The User agrees to absolve HopeQure from and indemnify
HopeQure against all claims that may arise as a result of any third party intellectual
property right claim that may arise from the user’s uploading of any Content on
HopeQure Health feed. The User may not use the images in the HopeQure Gallery for
any purpose other than those directly related to the creation and uploading of Content
to HopeQure Health feed. The User also agrees to absolve HopeQure from and indemnify
HopeQure against all claims that may arise as a result of any third party intellectual
property claim if the User downloads, copies or otherwise utilizes an image from
the HopeQure Gallery for his/her personal or commercial gain.
- 3.7.4The user hereby assigns to HopeQure, in perpetuity
and worldwide, all intellectual property rights in any Content created by the User
and uploaded by the User via HopeQure Health feed.
- 3.7.5HopeQure shall have the right to edit or remove
the Content and any comments in such manner as it may deem HopeQure Health feed
at any time.
- 3.7.6The User agrees not to upload Content which is
defamatory, obscene or objectionable in nature and HopeQure reserves the right to
remove any Content which it may determine at its own discretion to violate these
Terms and Conditions or be violative of any law or statute in force at the time.
The User agrees to absolve HopeQure from and indemnify HopeQure against all claims
that may arise as a result of any legal claim arising from the nature of the Content
posted by the User on HopeQure Health Feed.
- 3.7.7A User may also use HopeQure Health feed in order
to view original content created by Practitioners and to create and upload comments
on such Content, where allowed.
- 3.7.8User acknowledges that the Content on HopeQure
Health feed reflects the views and opinions of the authors of such Content and do
not necessarily reflect the views of HopeQure.
- 3.7.9User agrees that the content they access on HopeQure
Health feed does not in any way constitute medical advice and that the responsibility
for any act or omission by the User arising from the User’s interpretation of the
Content, is solely attributable to the user. The User agrees to absolve HopeQure
from and indemnify HopeQure against all claims that may arise as a result of the
User’s actions resulting from the User’s viewing of Content on HopeQure Health feed.
- 3.7.10The User acknowledges that all intellectual property
rights in the Content on HopeQure Health feed vests with HopeQure. The User agrees
not to infringe upon HopeQure’s intellectual property by copying or plagiarizing
content on HopeQure Health feed. HopeQure reserves its right to initiate all necessary
legal remedies available to them in case of such an infringement by the User. All
comments created and uploaded by the User on HopeQure Health feed will be the sole
intellectual property of HopeQure. The User agrees not to post any comments on HopeQure
Health feed that violate the intellectual property of any other person. HopeQure
reserves the right to remove any comments which it may determine at its own discretion
as violating the intellectual property rights of any other person. The User agrees
to absolve HopeQure from and indemnify HopeQure against all claims that may arise
as a result of any third party intellectual property right claim that may arise
from the User’s uploading of any comment on HopeQure Health feed.
- 3.7.11User agrees not to post any comments which are
defamatory, obscene, objectionable or in nature and HopeQure reserves the right
to remove any comments which it may determine at its own discretion to violate these
Terms and Conditions or be violative of any law or statute in force at the time.
The User agrees to absolve HopeQure from and indemnify HopeQure against all claims
that may arise as a result of any legal claim arising from the nature of the comments
posted by the User on HopeQure Health feed.
- 3.8CONTENT OWNERSHIP AND COPYRIGHT CONDITIONS OF ACCESS
- 3.8.1The contents listed on the Website are (i) User
generated content, or (ii) belong to HopeQure. The information that is collected
by HopeQure directly or indirectly from the End- Users and the Practitioners shall
belong to HopeQure. Copying of the copyrighted content published by HopeQure on
the Website for any commercial purpose or for the purpose of earning profit will
be a violation of copyright and HopeQure reserves its rights under applicable law
- 3.8.2HopeQure 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, "HopeQure Content"),
are the property of HopeQure and are protected under copyright, trademark and other
laws. User shall not modify the HopeQure Content or reproduce, display, publicly
perform, distribute, or otherwise use the HopeQure Content in any way for any public
or commercial purpose or for personal gain.
- 3.8.3User shall not access the Services for purposes
of monitoring their availability, performance or functionality, or for any other
benchmarking or competitive purposes.
- 3.9REVIEWS AND FEEDBACK
By using this Website, you agree that any information shared by you with HopeQure
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 Practitioners or other healthcare professionals. The role of HopeQure
in publishing Critical Content is restricted to that of an ‘intermediary’ under
the Information Technology Act, 2000. HopeQure 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. HopeQure
shall not be liable to pay any consideration to any User for re-publishing any content
across any of its platforms.
Your publication of reviews and feedback on the Website is governed by Clause 5
of these Terms. Without prejudice to the detailed terms stated in Clause 5, you
hereby agree not to post or publish any content on the 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. HopeQure, at its sole discretion, may choose not to publish your reviews
and feedback, if so required by applicable law, and in accordance with Clause 5
of these Terms. You agree that HopeQure 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 HopeQure’s services; and/or
- Obtaining feedback in relation to any Practitioners listed on the Website; and/or
- Resolving any complaints, information, or queries by Practitioners regarding your
and you agree to provide your fullest co-operation further to such communication
by HopeQure. HopeQure’s Feedback Collection and Fraud Detection Policy, is annexed
as the Schedule hereto, and remains subject always to these Terms.
HopeQure may provide End-Users with a free facility known as ‘Records’ on its mobile
application ‘HopeQure’. Information available in your Records is of two types:
- User-created: Information uploaded by you or information generated during your interaction
with HopeQure ecosystem, eg: appointment, medicine order placed by you.
- Practice-created: Health Records generated by your interaction with a Practitioner
who uses ‘HopeQure Ray’ or other Services of HopeQure software.
The specific terms relating to such Health Account are as below, without prejudice
- 3.10.1Your Records is only created after you have signed
up and explicitly accepted these Terms.
- 3.10.2Any Practice created Health Record is provided
on an as-is basis at the sole intent, risk and responsibility of the Practitioner
and HopeQure does not validate the said information and makes no representation
in connection therewith. You should contact the relevant Practitioner in case you
wish to point out any discrepancies or add, delete, or modify the Health Record
in any manner.
- 3.10.3The Health Records are provided on an as-is basis.
While we strive to maintain the highest levels of service availability, HopeQure
is not liable for any interruption that may be caused to your access of the Services.
- 3.10.4The reminder provided by the Records is only
a supplementary way of reminding you to perform your activities as prescribed by
your Practitioner. In the event of any medicine reminders provided by HopeQure,
you should refer to your prescription before taking any medicines. HopeQure 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 HopeQure app.
- 3.10.5It is your responsibility to keep your correct
mobile number and email ID updated in the Records. The Health Records will be sent
to the Records associated with this mobile number and/or email ID. Every time you
change any contact information (mobile or email), we will send a confirmation. HopeQure
is not responsible for any loss or inconvenience caused due to your failure in updating
the contact details with HopeQure.
- 3.10.6HopeQure uses industry–level security and encryption
to your Health Records. However, HopeQure 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 HopeQure of such unauthorized use or access. Please safeguard your login
credentials and report any actual suspected breach of account to support@HopeQure.com.
- 3.10.7If you access your dependents’ Health Records
by registering your dependents with your own Records, you are deemed to be responsible
for the Health Records of your dependents and all obligations that your dependents
would have had, had they maintained their own separate individual Records. You agree
that it shall be your sole responsibility to obtain prior consent of your dependent
and shall have right to share, upload and publish any sensitive personal information
of your dependent. HopeQure assumes no responsibility for any claim, dispute or
liability arising in this regard, and you shall indemnify HopeQure and its officers
against any such claim or liability arising out of unauthorized use of such information.
- 3.10.8In case you want to delete your Records, you
can do so by contacting our service support team. However only your account and
any associated Health Records will be deleted, and your Health Records stored by
your Practitioners will continue to be stored in their respective accounts.
- 3.10.9You may lose your “User created” record, if the
data is not synced with the server.
- 3.10.10If the Health Record is unassessed for a stipulated
time, you may not be able to access your Health Records due to security reasons.
- 3.10.11HopeQure is not liable if for any reason, Health
Records are not delivered to you or are delivered late despite its best efforts.
- 3.10.12The Health Records are shared with the phone
numbers that are provided by your Practitioner. HopeQure is not responsible for
adding the Heath Records with incorrect numbers if those incorrect numbers are provided
by the Practitioner.
- 3.10.13HopeQure is not responsible or liable for any
content, fact, Health Records, medical deduction or the language used in your Health
Records whatsoever. Your Practitioner is solely responsible and liable for your
Health Records and any information provided to us including but not limited to the
content in them.
- 3.10.14HopeQure has the ability in its sole discretion
to retract Health Records without any prior notice if they are found to be shared
incorrectly or inadvertently.
- 3.10.15HopeQure will follow the law of land in case
of any constitutional court or jurisdiction mandates to share the Health Records
for any reason.
- 3.10.16You agree and acknowledge that HopeQure may
need to access the Health Record for cases such as any technical or operational
issue of the End User in access or ownership of the Records.
- 3.10.17You acknowledge that the Practitioners you are
visiting may engage HopeQure's software or third party software for the purposes
of the functioning of the Practitioner’s business and HopeQure's services including
but not limited to the usage and for storage of Records (as defined in Section 3.10)
in India and outside India, in accordance with the applicable laws.
- 3.10.18To the extent that your Records have been shared
with HopeQure or stored on any of the HopeQure 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 HopeQure pertaining to such previously visited clinics and hospitals
who have tie ups with HopeQure for the purposes of their business and for HopeQure's
services including but not limited to the usage and for storage of Records (as defined
in Section 3.10) in India and outside India, in accordance with the applicable laws
and further agree, upon creation of your account with HopeQure, to the mapping of
such Records as may be available in HopeQure’s database to your User account.
- 3.11HopeQure MEDICINE INFORMATION
For detailed terms and conditions regarding medicine information click here.
The terms in this Clause 4 are applicable only to Practitioners.
- 4.1 LISTING POLICY
- 4.1.1HopeQure, directly and indirectly, collects information
regarding the Practitioners’ profiles, contact details, and practice. HopeQure 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
End-Users and other Users. If any information displayed on the Website in connection
with you and your profile is found to be incorrect, you are required to inform HopeQure
immediately to enable HopeQure to make the necessary amendments.
- 4.1.2HopeQure shall not be liable and responsible for
the ranking of the Practitioners on external websites and search engines
- 4.1.3HopeQure 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 HopeQure, where
the User has expressly or implicitly consented to the making of disclosures or publications
by HopeQure. If the User had revoked such consent under the terms of the Privacy
Policy, then HopeQure 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 HopeQure prior to its actual receipt of such revocation.
- 4.1.4HopeQure 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 Website. However, HopeQure shall
not be liable if any inactive, inaccurate, fraudulent, or non- existent profiles
of Practitioners are added to the Website.
- 4.1.5Practitioners explicitly agree that HopeQure reserves
the right to publish the Content provided by Practitioners to a third party including
- 4.1.6When you are listed on HopeQure.com, End-Users
may see a ‘show number’ option. When End-Users choose this option, they choose to
call your number through a free telephony service provided by HopeQure, and the
records of such calls are recorded and stored in HopeQure’s servers. Such records
facility provided to End-Users and to you by HopeQure should be used only for appointment
and booking purposes, and not for consultation on health-related issues. HopeQure
accepts no liability if the call facility is not used in accordance with the foregoing.
- 4.1.7You as a Practitioner 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 HopeQure accepts no liability for the same.
- 4.2PROFILE OWNERSHIP AND EDITING RIGHTS
HopeQure ensures easy access to the Practitioners by providing a tool to update
your profile information. HopeQure reserves the right of ownership of all the Practitioner’s
profile and photographs and to moderate the changes or updates requested by Practitioners.
However, HopeQure 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 HopeQure’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, HopeQure
may modify or delete parts of your profile information at its sole discretion with
or without notice to you.
- 4.3REVIEWS AND FEEDBACK DISPLAY RIGHTS OF HopeQure
- 4.3.1All Critical Content is content created by the
Users of www.HopeQure.com (“Website”) and the clients of HopeQure customers
and Practitioners, including the End-Users. As a platform, HopeQure 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 HopeQure and other legal rights and obligations relating to the
Critical Content are further detailed in Clauses 3.9 and 5 of these Terms. HopeQure’s
Feedback Collection and Fraud Detection Policy, is annexed as the Schedule hereto,
and remains subject always to these Terms.
- 4.3.2HopeQure reserves the right to collect feedback
and Critical Content for all the Practitioners, Clinics and Healthcare Providers
listed on the Website.
- 4.3.3HopeQure 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.
- 4.3.4You understand that by using the Services you
may be exposed to Critical Content or other content that you may find offensive
or objectionable. HopeQure shall not be liable for any effect on Practitioner’s
business due to Critical Content of a negative nature. In these respects, you may
use the Service at your own risk. HopeQure 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 Clauses
3.9 and 5 of these Terms.
- 4.3.5HopeQure 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.
- 4.3.6If HopeQure determines that you have provided
inaccurate information or enabled fraudulent feedback, HopeQure reserves the right
to immediately suspend any of your accounts with HopeQure and makes such declaration
on the website alongside your name/your clinics name as determined by HopeQure for
the protection of its business and in the interests of Users.
- 4.4RELEVANCE ALGORITHM
HopeQure has designed the relevance algorithm in the best interest of the End-User
and may adjust the relevance algorithm from time to time to improve the quality
of the results given to the patients. It is a pure merit driven, proprietary algorithm
which cannot be altered for specific Practitioners. HopeQure shall not be liable
for any effect on the Practitioner’s business interests due to the change in the
- 4.5INDEPENDENT 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 HopeQure.
- 4.6HopeQure REACH RIGHTS
HopeQure reserves the rights to display sponsored ads on the Website. These ads
would be marked as “Sponsored ads”. Without prejudice to the status of other content,
HopeQure will not be liable for the accuracy of information or the claims made in
the Sponsored ads. HopeQure does not encourage the Users to visit the Sponsored
ads page or to avail any services from them. HopeQure 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 HopeQure accepts no liability for the same.
- 4.7 HopeQure HEALTH FEED
- 4.7.1HopeQure health feed is an online content platform
available on the website, wherein Practitioners who have a HopeQure profile and
Users who have a health account can login and post health and wellness related content.
- 4.7.2A Practitioner can use health feed by logging
in from their profile, creating original content comprising text, audio, video,
images data or any combination of the same (“as defined in Clause 3.7.2”), and uploading
said Content to HopeQure’s servers. The Practitioner can upload their own images
or choose an image from the gallery that HopeQure provides. HopeQure shall post
such Content to HopeQure health feed at its own option and subject to these Terms
and Conditions. The Content uploaded via HopeQure health feed does not constitute
medical advice and may not be construed as such by any person.
- 4.7.3The Practitioner acknowledges that they are the
original authors and creators of any Content or comments uploaded by them via HopeQure
health feed and that no Content or comment uploaded by them would constitute infringement
of the intellectual property rights of any other person. HopeQure reserves the right
to remove any Content or comment which it may determine at its own discretion as
violating the intellectual property rights of any other person. The Practitioner
agrees to absolve HopeQure from and indemnify HopeQure against all claims that may
arise as a result of any third party intellectual property right claim that may
arise from the Practitioner’s uploading of any Content on HopeQure health feed.
The Practitioner also agrees to absolve HopeQure from and indemnify HopeQure against
all claims that may arise as a result of any third party intellectual property claim
if the Practitioner downloads an image from HopeQure’s gallery and utilizes it for
his/her personal or commercial gain.
- 4.7.4The Practitioner hereby assigns to HopeQure, in
perpetuity and worldwide, all intellectual property rights in any Content or comment
created by the Practitioner and uploaded by the Practitioner via HopeQure health
- 4.7.5HopeQure shall have the right to edit or remove
the Content and any comments in such manner as it may deem fit at any time.
- 4.7.6The Practitioner may also use HopeQure health
feed in order to view original content created by Users or other Practitioners and
also create and upload comments on such Content including their own content where
- 4.7.7Practitioner acknowledges that the content on
HopeQure health feed reflects the views and opinions of the authors of such content
and does not necessarily reflect HopeQure’s views.
- 4.7.8Practitioner agrees not to post any comments or
upload any Content which are defamatory, obscene, objectionable or in nature and
HopeQure reserves the right to remove any comments which it may determine at its
own discretion to violate these Terms and Conditions or be violative of any law
or statute in force at the time. The Practitioner agrees to absolve HopeQure from
and indemnify HopeQure against all claims that may arise as a result of any legal
claim arising from the nature of the Content or the comments posted by the Practitioner
on HopeQure health feed
- 4.8HopeQure MEDICINE INFORMATION
For detailed terms and conditions regarding medicine information click here.
- 4.9 BOOK APPOINTMENT AND CALL FACILITY
- 4.9.1As a valuable partner on our platform we want
to ensure that the Practitioners experience on the HopeQure booking platform is
beneficial to both, Practitioners and their Users.
For all terms and conditions of Book facility on HopeQure profile check
Book Standards .
- 4.9.2Practitioner understands that, HopeQure 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 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 HopeQure.
5.RIGHTS AND OBLIGATIONS RELATING TO CONTENT
- 5.1As mandated by Regulation 3(2) of the IG Rules,
HopeQure hereby informs Users that they are not permitted to host, display, upload,
modify, publish, transmit, update or share any information that:
- belongs to another person and to which the User does not have any right to;
- is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic,
libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable,
disparaging, relating or encouraging money laundering or gambling, or otherwise
unlawful in any manner whatever;
- harm minors in any way;
- infringes any patent, trademark, copyright or other proprietary rights;
- violates any law for the time being in force;
- deceives or misleads the addressee about the origin of such messages or communicates
any information which is grossly offensive or menacing in nature;
- impersonate another person;
- contains software viruses or any other computer code, files or programs designed
to interrupt, destroy or limit the functionality of any computer resource;
- threatens the unity, integrity, defence, security or sovereignty of India, friendly
relations with foreign states, or public order or causes incitement to the commission
of any cognizable offence or prevents investigation of any offence or is insulting
any other nation.
- 5.2Users are also prohibited from:
- violating or attempting to violate the integrity or security of the Website or any
- transmitting any information (including job posts, messages and hyperlinks) on or
through the Website that is disruptive or competitive to the provision of Services
- intentionally submitting on the Website any incomplete, false or inaccurate information;
- making any unsolicited communications to other Users;
- using any engine, software, tool, agent or other device or mechanism (such as spiders,
robots, avatars or intelligent agents) to navigate or search the Website;
- attempting to decipher, decompile, disassemble or reverse engineer any part of the
- copying or duplicating in any manner any of the HopeQure Content or other information
available from the Website;
- framing or hot linking or deep linking any HopeQure Content.
- circumventing or disabling any digital rights management, usage rules, or other
security features of the Software.
- 5.3HopeQure, upon obtaining knowledge by itself or
been brought to actual knowledge by an affected person in writing or through email
signed with electronic signature about any such information as mentioned above,
shall be entitled to disable such information that is in contravention of Clauses
5.1 and 5.2. HopeQure 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.
- 5.4In case of non-compliance with any applicable laws,
HopeQure has the right to immediately terminate the access or usage rights of the
User to the Website and Services and to remove non-compliant information from the
- 5.5HopeQure 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 HopeQure 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 HopeQure as provided for under the SPI Rules, only if such transfer is necessary
for the performance of the lawful contract between HopeQure or any person on its
behalf and the User or where the User has consented to data transfer.
- HopeQure respects the intellectual property rights of others and we do not hold
any responsibility for any violations of any intellectual property rights
- 6.1HopeQure 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
- HopeQure is unable to verify or authenticate any information provide to HopeQure
by a User;
- HopeQure has reasonable grounds for suspecting any illegal, fraudulent or abusive
activity on part of such User; or
- HopeQure believes in its sole discretion that User’s actions may cause legal liability
for such User, other Users or for HopeQure or are contrary to the interests of the
- 6.2Once 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.
7.LIMITATION OF LIABILITY
In no event, including but not limited to negligence, shall HopeQure, 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 Practitioners 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.
In no event shall the total aggregate liability of the Protected Entities to a User
for all damages, losses, and causes of action (whether in contract or tort, including,
but not limited to, negligence or otherwise) arising from this Agreement or a User’s
use of the Website or the Services exceed, in the aggregate Rs. 1000/- (Rupees One
8.RETENTION AND REMOVAL
HopeQure may retain such information collected from Users from its Website or Services
for as long as necessary, depending on the type of information; purpose, means and
modes of usage of such information; and according to the SPI Rules. Computer web
server logs may be preserved as long as administratively necessary.
9.APPLICABLE LAW AND DISPUTE SETTLEMENT
- 9.1You agree that this Agreement and any contractual
obligation between HopeQure and User will be governed by the laws of India.
- 9.2Any 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 HopeQure. Arbitration shall be conducted in accordance
with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall
be Bangalore. All proceedings of such arbitration, including, without limitation,
any awards, shall be in the English language. The award shall be final and binding
on the parties to the dispute.
- 9.3Subject to the above Clause 9.2, the courts at Bengaluru
shall have exclusive jurisdiction over any disputes arising out of or in relation
to this Agreement, your use of the Website or the Services or the information to
which it gives access.
10.CONTACT INFORMATION GRIEVANCE OFFICER
- 10.1If a User has any questions concerning HopeQure,
the Website, this Agreement, the Services, or anything related to any of the foregoing,
HopeQure customer support can be reached at the following email address: support@HopeQure.com
or via the contact information available from the following hyperlink: www.HopeQure.com/contact.
- 10.2In accordance with the Information Technology Act,
2000, and the rules made there under, if you have any grievance with respect to
the Website or the service, including any discrepancies and grievances with respect
to processing of information, you can contact our Grievance Officer at: Name: Sowmya
Sudarshan Designation: Head – Customer Experience Address: 4th Floor, Abhaya Heights,
Bannerghatta Road, Bangalore, India- 560078 Email: support@HopeQure.com Telephone:
+91-8880588999 (Ask to be connected to the Grievance Officer) In the event you suffer
as a result of access or usage of our Website by any person in violation of Rule
3 of the IG Rules, please address your grievance to the above person.
If any provision of the Agreement is held by a court of competent jurisdiction or
arbitral tribunal to be unenforceable under applicable law, then such provision
shall be excluded from this Agreement and the remainder of the Agreement shall be
interpreted as if such provision were so excluded and shall be enforceable in accordance
with its terms; provided however that, in such event, the Agreement shall be interpreted
so as to give effect, to the greatest extent consistent with and permitted by applicable
law, to the meaning and intention of the excluded provision as determined by such
court of competent jurisdiction or arbitral tribunal.
No provision of this Agreement shall be deemed to be waived and no breach excused,
unless such waiver or consent shall be in writing and signed by HopeQure. Any consent
by HopeQure to, or a waiver by HopeQure of any breach by you, whether expressed
or implied, shall not constitute consent to, waiver of, or excuse for any other
different or subsequent breach.