The healthcare provider(s) of this Practice will not assume any legal responsibility for the patient’s medical condition. This online service is devised to help the patients to understand the health concern/condition better, based on the information given. It is not meant to replace an in-person consultation.
The modified Agreement would be effective from the date of modification that is posted by the Company on the Website. If you do not agree to any term that is contained in this Agreement, please immediately cease your use of the Platform.
“You” or the “User” in this Agreement refers to any person who uses a Platform
Terms of Offer. The Platform builds and operates a centralized network of various specialists, experts and service providers in the field of Neurology and Cardiology for providing healthcare services and support to patients (the “Patients”; the “Services”).
Proprietary Rights. The Company has proprietary rights in the Platform and you may not copy or reproduce the Platform or any of its components in any manner. The Company also has rights to all trademarks and trade dress and specific layouts of every page of the Website, including calls to action, text placement, images and other information.
Taxes. You shall be responsible for the payment of any tax that accrues to you under applicable law as a result of your use of the Platform.
II. THE SERVICES
The Services provided by the Platform are available to any person over the age of eighteen (18) years who registers on the Platform in the manner provided herein. Persons below the age of eighteen (18) shall not be entitled to use the Platform or the Services, unless such use is through the User account of a parent or legal guardian.
The nature of the Services shall be divided into the two (2) following categories:
“Second Opinion”– connects Users to the network of expert Neurologist and Cardiologist that is built and maintained by the Company and facilitates the issuance of a secondary medical opinion by such Neurologist and Cardiologist on the recommended treatment for a Patient (the “Second Opinion Services”); and
“Inpatient Service”- connects Users to hospitals as well as other medical service providers for in-person care (the “Inpatient Service”);
Under this Service, a User may request for an in-person care on the Platform and share the Patient’s medical reports on the Platform in the manner set out therein. Upon receipt of the reports, the Company’s team of experts would review the reports and issue an assessment with the list of specialized service providers such as treatment centers, hospitals etc. Once the assessment is complete, company shall pass on the case to specialized hospital for patients to obtain the requisite medical support
Company will charge facilitation charges to patient, and is sought to be completed within 3-5 working days from when the User submits the requisite medical reports on the Platform.
SECOND OPINION SERVICES
Under this Service, specialized Cardiologist or Neurologist registered on the Company’s network provide written secondary medical opinion to Patients based on the medical / treatment reports and information that is submitted by them on the Platform.
This is a paid service, and the secondary medical opinion is sought to be issued within a period of 7 working days from when the medical reports in the requisite format is submitted by a User / Patient on the Platform. The team of Cardiologist or Neurologist that issue the secondary medical opinion essentially consists of a medical cardiologist, a surgical cardiologist, medical Neurologist, a surgical Neurologist, and may also include other experts depending on the nature of a case. One amongst the team of Cardiologist or Neurologist shall be the ‘primary’ doctor for a case, and the others shall be the ‘secondary’ doctor on that particular case.
The secondary medical opinion obtained via the Platform is only intended to be an ancillary opinion of a specialist, and shall not be treated as a consultation rendered by the concerned doctor. It is not a substitute to regular treatment.
III. REPRESENTATIONS, WARRANTIES AND UNDERTAKINGS OF THE USERS
Each User registering on the Platform represents, warrants and undertakes to the Company as follows:
That all information that has been uploaded by the User on the Platform is true, complete and accurate;
Each User agrees and acknowledges that the Company is only a platform that facilitates and assists the Users to connect to world-class Cardiologist or Neurologist and specialist cardiology and/or Neurology service providers registered on the Platform and that the Company itself is not an expert on the provision of medical or healthcare services of any type;
You agree that the Company shall not be liable in any manner for any interaction or consultation that you may have with a Platform registered doctors or service provider outside of or independent of the Platform;
You agree and acknowledge that the secondary medical opinion obtained by you via the Platform shall be treated only as a secondary or ancillary opinion of a medical practitioner and shall not be treated as a consultation rendered by the concerned cardiologist or neurologist. In no event shall the Medical Opinion substitute the primary consultation and treatment that is being obtained by a Patient;
The information provided by a Cardiologist or Neurologist and displayed on the Platform relating to the practice areas of the Cardiologist or Neurologist , expertise, educational qualifications etc. are preliminarily reviewed and vetted by the Company, but the Company shall not be liable in any manner be responsible for any inaccuracy with respect to such information;
The Cardiologist or Neurologist providing Services on the platform do not have the benefit of information that would be obtained by examining a Patient in person and observing his / her physical condition. You agree that you choose to use the Services while acknowledging this limitation;
The Company shall not be responsible for any wrong advice or medication or the quality of the treatment being given by a Cardiologist or Neurologist or a service provider or for any medical negligence on the part of a Cardiologist or Neurologist or a service provider.
IV. FEE, PAYMENT GATEWAY AND REFUNDS
The Platform uses third party payment gateways (namely Stripe) to process the transactions made on the Platform. The Company is not liable for any failed transactions. In the event of a failed transaction, the amount (if debited from a User account) will be refunded to the User’s account as per the corresponding payment gateway’s refund policy. For Online second opinion cases, the Company may initiate a refund corresponding to a full amount or a partial amount if the Company is unable to serve the Patient due to reasons beyond the control of the Company including the following: untimely death of the patient, incomplete data provided, unavailability of the doctors.
V. PERSONAL DATA AND OTHER INFORMATION MADE AVAILABLE ON THE PLATFORM
- The Company is not responsible for the authenticity of the personal information or personal data that is supplied by a User on the Platform. The User shall be responsible for maintaining the confidentiality of his/her account access information and password, and the User shall be held solely liable for all usage of his/her user account and password, whether or not authorized by him/her. The User shall be obligated to intimate the Company regarding any misuse or suspected misuse of his/her user Account information.
- Where a User provides information that is not authentic or is incomplete, the Company may at its sole discretion discontinue providing the Services to that User by disabling his/her User Account.
Each User represents and warrants to the Company that the content uploaded by them on the Platform shall not infringe the intellectual property rights of any person.
VI. THE PLATFORM AND THE SERVICES
Content; Intellectual Property; Third Party Links. In addition to providing the Services as stated above, the Platform may also offer other information related to the Services either directly or through indirectly through links to third-party websites. The Company may not be the sole owner of all the information that is made available on the Platform. The proprietary rights to all information that is created by the Company and made available on the Platform shall belong to the Company alone. Unauthorized use of any content or material that is available on the Platform may violate intellectual property rights of other parties. You shall use the content on this Platform only for personal, non-commercial use. Any links to third-party websites that are provided on the Platform are for convenience and does not amount to the Company being responsible, in any manner, for such third party websites and their content. You may use such third party content at your own risk.
The Platform shall not be used by you for any illegal or unlawful purpose. Your use of the Platform shall be in compliance with all applicable laws and regulations. You shall not interfere or hinder the use of the Platform by other Users or Users, and you shall not engage in transmission of “spam”, chain letters, junk mail or any other type of unsolicited communication.
By using this Platform, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Platform in a lawful manner. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from the Company or the applicable third party (if content belonging to such third party is being used).
Please note that the Company is only an “intermediary” as defined in Section 2(w) of the Information Technology Act, 2000 and can only control the information and content posted by itself on the Platform. The Company does not have the ability to control User/User-generated content on the Platform. You are solely responsible for your interactions with other Users/Users and any content you post. The Company may monitor interactions between Users and remove any content from the Platform that it considers objectionable or inappropriate.
VII. RESTRICTIONS ON USE
You not host, display, upload, modify, publish, transmit, update or share any information that:
- belongs to another person and to which you do not have any proprietary right;
- 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;
- impersonates 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; or
- Threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
The Company retains the right to remove from the Platform any content that contravenes any of the above conditions.
VIII. DISCLAIMER OF WARRANTIES
Please note that your use of the Platform and the services shall be at your sole risk. The Company disclaims all warranties of any kind, whether express or implied, including, but not limited to non-infringement of third party rights with respect to the contents of the Platform, or any reliance upon or use of the Platform contents or the Services.
IN NO EVENT SHALL THE COMPANY BE LIABLE TO A USER OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY OTHER DIRECT OR INDIRECT DAMAGES, INCLUDING WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE PLATFORM OR OF ANY OTHER PLATFORMS REFERENCED OR LINKED TO FROM THE PLATFORM. THE COMPANY SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND/OR SERVICES OFFERED THROUGH THE PLATFORM OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THE PLATFORM, INCLUDING WITHOUT LIMITATION THE PROCESSING OF APPOINTMENTS AND PAYMENT OF CONSULTATION FEES.
Further, the Company makes no warranty:
- That the content made available on the Platform is complete, updated or accurate; or
- That the third party information made available on the Platform or the third party links made available on the Platform are accurate, reliable or complete.
IX. LIMITATION OF LIABILITY
The aggregate liability of the Company to a User with respect to the Platform content and for the services provided solely by the Company, and/or for any breach of this Agreement is limited to a value of [Rupees Fifteen Thousand Only (INR 15,000/-)]. The Company shall not be liable for any direct, indirect, incidental, special or consequential damages in connection with this Agreement. It is further clarified that the Company shall not be liable to any User with respect to any causes of action, losses or damages arising out of or in connection with:
- the User’s use of the Second Opinion Services;
- any consultation/treatment advice/course/directions undertaken by the User on the basis of any opinion provided through the Second Opinion Services;
- any advice/consultations/directions received by a User off the Platform;
- a User’s use of services obtained from a doctor, medical professional, hospital, diagnostic laboratory/centre facilitated through the Platform; or
- the User’s use of the Inpatient service.
You shall indemnify, defend and hold harmless the Company as well as each of its representatives, employees, contractors, agents, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys’ fees and expenses in relation to all claims arising out of (a) a breach of the obligations undertaken by you under the terms of this Agreement; (b) use or misuse by you of the Platform content; (c) breach of any intellectual property or other proprietary rights of any person or entity; or (d) the inaccuracy or incompleteness of any information or data you supplied on the Platform.
If and when so required, the Company may seek written assurances from you regarding your undertaking to indemnify the Company, and your failure to provide such assurances would amount to a material breach of this Agreement. The Company may participate in any legal proceedings where you are defending a third party claim related to your use of any of the Platform. You shall notify the Company of any third party legal proceeding that is initiated in relation to the Platform or the Services, to which legal proceeding you are a party.
XII. REDRESSAL OF GRIEVANCES
If you have any questions or grievances regarding the Platform, or the contents thereof, you may reach out to the Grievance officer of the Company’s customer support at firstname.lastname@example.org (the “Grievance Officer”). The Grievance Officer shall address any complaint or grievance that is raised by a User within a period of one (1) month from when it is raised
XIII. USE OUTSIDE INDIA
Although the Platform may be accessible worldwide, the Company makes no representation that materials on the Platform are appropriate or available for use in locations outside India or that the Platform complies with the laws that are applicable in any jurisdiction that is outside India. Accessing the Platform from territories where the content of the Platform and/or the provision of the Services is deemed illegal is prohibited. Users accessing the Platform from locations outside India do so at their own risk and are responsible for compliance with local laws that are applicable to them. Any offer for any Service, and/or information made in connection with the Platform is void where prohibited.
XIV. MISCELLANEOUS PROVISIONS
Force Majeure. The Company shall not be responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott. The Company may at any time, in its sole discretion and without advance notice to you, cease operation of the Platform.
No Waiver. A delay or failure by the Company to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision.
Notices: All notices given to you by the Company or by you to the Company shall be in writing and in the English language. Such notice shall be sent by e-mail or mailed by a prepaid internationally-recognized courier service to the intended recipient at the address set out below, or any changed address that is notified by either Party:
Notice to the Company:
Nuclius Health Pvt Ltd
Sector-28, Plot-380, Nigdi, Pradhikaran, Pune -411044
Notice to User:
At the email address provided by you at the time of registration on the Platform.
Governing Law; Jurisdiction. This Agreement is governed by the provisions of Indian law, including but not limited to the following:
- the Indian Contract Act, 1872;
- the (Indian) Information Technology Act, 2000;
- the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011; and 2011the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011.
This Platform originates from the State of Maharashtra in India. This Agreement will be governed by the laws that are applicable in the State of Maharashtra. By using this Platform, you consent to the jurisdiction and venue of the courts located in Maharashtra, India in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement.
Termination. The Company may terminate your access to the Platform without any notice to you if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement.
All calls made to and from the representatives of the Company to a User or his / her representative shall be recorded by the Company for quality, training and internal record purposes.
I, as a subscriber/ user of the services offered through the web portal Icardin.com, do hereby expressly authorize icardin.com & Nuclius Health Private Limited and any of their business associates to call/ SMS my/our registered phone numbers (as provided by me/us to Icardin.com). I hereby expressly state that such authorization shall override the national Do-Not-Disturb Registry (“DND”), even if the phone numbers in question are registered under DND list of national consumer preference registry (NCPR/NDNC).
The Company does not offer its services to any persons based out of the European Union;
(i) That by accepting the Company’s ‘Terms and Conditions’/signing up on the icardin Platform/availing any other services from the Company, the user confirms that he/she is neither based out/resident of the European Union, nor is the user accessing the Company’s website from the European Union.’
I/we also undertake that I/we will not make any complaints to NDNC for any calls received from Icardin.com services/ products, and shall indemnify icardin.com and any of its business associates for having engaged in any such practice.
I realize, acknowledge and expressly authorize Icardin.com to make the initial communication (via Call / SMS / E-mail/WhatsApp) for the purposes of confirmation of my credentials provided by me. I hereby authorize Icardin.com and its business associates to continue contacting me via any of the modes of communication listed above, till such time as I expressly opt-out / unsubscribe from the service offered by Icardin.com. Till such time, icardin.com and its business associates shall have all rights to continue communicating with me and I shall completely indemnify them against any liability that may arise as a result of such authorization to communicate. Such indemnification shall extend to court cases and suits and all lawyer/advocate fees, even if the dispute is never subjected to judicial scrutiny.