HealthLink provide healthcare software services through their Website www.healthlink.co.in subject to Terms and Conditions mentioned below. These Terms and Conditions constitute a Legal Agreement ("Agreement") between you, the user of this Website and HealthLink in connection with your use of this Website and your use of services in this Website.
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 with us. If you have any questions about any part of the Agreement, feel free to contact us at support@healthlink.co.in.
The terms "Access" and "Use" are defined as invoking the URL www.healthlink.co.in or any of its variants on any device and / or logging into the website using an account identifier / password.
By accessing this Website, you acknowledge that you will be bound by these Terms and Conditions for availing any of the Services offered by us. If you do not agree with any part of these Terms and Conditions of Use, 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 HealthLink.
I. APPLICABILITY
These Terms and Conditions apply to you whether you are -
i. A Clinic/Hospital or health care provider (whether an individual professional or an organization) or similar organization wishing to use HealthLink services, or already using HealthLink services on this Website, including designated, authorised associates of such individuals, institutions or organizations ("Practitioner(s)", "Clinic", "Hospital", "you" or "User"); or
ii. A Medical Practitioner or health care provider (whether an individual professional or an organization) or similar organization wishing to use HealthLink services, or already using HealthLink services on this Website, including designated, authorised associates of such practitioners or institutions ("Practitioner(s)", "Clinic", "Hospital", "you" or "User"); or
iii. A healthcare consumer or patient or his/her representatives or affiliates, wishing to use HealthLink services, or already using HealthLink services on this Website, ("you" or "User"); or
iv.A retail or wholesale pharmacist or a pharmacy or similar organization wishing to use HealthLink services, or already using HealthLink services on this Website; ("you", "Pharmacy", "Pharmacist" or "User")
v. A clinical laboratory or similar organization wishing to use HealthLink services, or already using HealthLink services on this Website ("you", "Lab", "Clinical lab" or "User").
vi. An Authorized Reseller of HealthLink services wishing to resell HealthLink services either as a Sales Partner, Sales and Implementation Partner or Direct Reseller, electronically by way of white-labelled reselling model, to any or all of the above categories of users ("you", "Reseller" or "User").
II. SERVICES
These Terms and Conditions apply to the following services made available by HealthLink on this Website.
i.For Practitioners: Preparing and maintaing Electronic Health Records of customers/patients
ii. For healthcare consumers or patients: Connecting with Practitioners, Pharmacists/Pharmacies or Clinical labs, facility to maintain medical/health records on HealthLink
iii. For Pharmacists/Pharmacies: Maintaining stocks, carry out billing and e-commerce activities
iv. For Clinical labs: Billing, preparing maintaing Electronic Health Records of customers/patients
v. For Hospitals/Clinics/Healthcare organizations: Billing, maintaining appointment calendars, listing of Practitioners, connecting with Pharmacists/Pharmacies or Clinical labs, on-boarding healthcare consumers or patients, preparing and maintaining Electronic Health Records of customers/patients. The Terms and Conditions of Use listed here apply to healthcare consumers or patients signed-up, on-boarded or registered by the Hospital/Clinic/Healthcare organization on HealthLink and it is the responsibility of the Hospital/Clinic/Healthcare organization who sign-up / on-board / register healthcare consumers or patients to communicate these Terms and Conditions of Use to such healthcare consumers or patients
vi. For Resellers: Reselling HealthLink services on "As-is" basis using Software-as-a-Service (SaaS) model under separate Agreement with HealthLink outside these Terms and Conditions, where required
The Services may change from time to time, at the sole discretion of HealthLink and these Terms and Conditions will apply to your visit to and your use of this Website to avail the Services, as well as to all information provided by you on the Website at any given point in time.
III. ACCEPTANCE
By accessing the Website or using any of its Services, you irrevocably accept all the conditions stipulated in this document and agree 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.
HealthLink reserves the right to modify or terminate any portion of these Terms and Conditions for any reason and at any time. You should read these Terms and Conditions at regular intervals. Your use of the Website following any such modification constitutes your agreement to the updated Terms and Conditions of Use.
IV. INFORMATION COLLECTION
HealthLink 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 HealthLink's services and to build new services. HealthLink may use such information collected from the Users from time to time for the purposes of debugging customer support related issues.
The Website allows HealthLink to have access to registered Users' personal email or phone number, for communication purpose so as to provide you a better way of using the service. By using HealthLink, you expressly permit HealthLink to send you or your registered customers/patients/associates, SMS or e-mail that may have to be sent in relation to HealthLink services.
HealthLink 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 HealthLink or to any other person acting on behalf of HealthLink.
V. USER ACCOUNT INFORMATION
The User is responsible for maintaining 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 HealthLink in writing of any actual or suspected unauthorized use of the User's account or password. Although HealthLink will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of HealthLink or others due to such unauthorized use.
If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or HealthLink has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, HealthLink has the right to discontinue the Services to the User at its sole discretion.
It is your responsibility to keep your correct mobile number and email ID updated in HealthLink. HealthLink is not responsible for any loss or inconvenience caused due to your non-update of your contact details.
HealthLink maintains access log of registered users which will contain user account identifier, login date and time. In the event of a debate or dispute, you agree that these access logs shall be the final proof of you having used HealthLink services and no other proof shall be considered.
VI. AVAILABILITY
HealthLink services are provided on a best-efforts, "as-is", "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). HealthLink does not provide or make any representation, warranty or guarantee, express or implied about the Website or the Services. HealthLink 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, HealthLink 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 HealthLink or any User in relation to any User or services provided by such User. While we strive to maintain the highest levels of service availability, HealthLink is not liable for any interruption that may be caused to your access of the Services.
The Website may be linked to the website of third parties, affiliates and business partners. HealthLink 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 HealthLink endorses the linked site. User may use the links and these services at User's own risk.
VII. LIMITATION OF RESPONSIBILITY
HealthLink 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.
You understand and agree that any interactions and associated issues with other Users including but not limited to your health issues and your experiences is strictly between you and the other Users. You shall not hold HealthLink responsible for any such interactions and associated issues. For avoidance of doubt, HealthLink is not involved in providing any healthcare or medical advice or diagnosis and hence is not responsible for any outcome between you and the Practitioner, pharmacy or clinical lab you interact with, pursuant to any interactions on the Website. If you decide to engage with a Practitioner/pharmacy/clinical lab to provide medical services to you, you do so at your own risk. The results of any search you perform on the Website for Practitioners/pharmacies/clinical labs should not be construed as an endorsement by HealthLink of any such particular Practitioner/pharmacy/clinical lab. HealthLink shall not be responsible for any breach of service or service deficiency by any Practitioner/pharmacy/clinical lab. We cannot assure nor guarantee the ability or intent of the Practitioner(s)/pharmacy/clinical lab to fulfill their obligations towards you. We advise you to perform your own investigation prior to selecting a Practitioner/pharmacy/clinical lab. Without prejudice to the generality of the above, HealthLink will not be liable for:
i.any wrong medication or treatment quality being given by the Practitioner(s), or any medical negligence on part of the Practitioner(s);
ii.any type of inconvenience suffered by the User due to a failure on the part of the Practitioner/pharmacy/clinical lab to provide agreed services or to make himself/herself available at the appointed time, no show by the Practitioner/pharmacy/clinical lab, inappropriate treatment, or similar difficulties;
iii.any misconduct or inappropriate behavior by the Practitioner/pharmacy/clinical lab or the their staff;
v.any medical eventualities that might occur subsequent to using the services of a Practitioner/pharmacy/clinical lab, whom the User has selected on the basis of the information available on the Website.
It is hereby expressly clarified that, the Information that you obtain or receive from HealthLink, 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 information.
The Services are not intended to be a substitute for getting in touch with emergency healthcare. If you are an User facing a medical emergency (either on your or a another person's behalf), please contact an ambulance service or hospital directly.
The contents listed on this Website are (i) User generated content, or (ii) belong to HealthLink. The information that is collected by HealthLink directly or indirectly from the Users shall belong to HealthLink. Copying of the copyrighted content published by HealthLink on the Website for any commercial purpose or for the purpose of earning profit will be a violation of copyright and HealthLink reserves its rights under applicable law accordingly.
HealthLink reserves the rights to display sponsored ads on the Website. Without prejudice to the status of other content, HealthLink will not be liable for the accuracy of information or the claims made in these ads. HealthLink does not encourage the Users to visit the ads or to avail any services from them. HealthLink will not be liable for the services of the providers of the 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 HealthLink accepts no liability for the same. HealthLink reserves the right to revise the subscription fees and terms at any time at their discretion. The User's continued use of the services shall constitute his/her consent to such revision. As a you user of HealthLink, you hereby agree that you shall use this Website for the purpose specified in these Terms and Conditions of Use and shall not use it for any unauthorized and unlawful purpose, including impersonating another person.
In no event, including but not limited to negligence, shall HealthLink, 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 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:
i.provision of or failure to provide all or any service by Practitioners to Users contacted or managed through the Website;
ii.any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Website;
iii.any unauthorized access to or alteration of your transmissions or data; or
iv.any other matter relating to the Website or the Service.
VIII. OBLIGATION OF USERS
Practitioner using this Website hereby represents and warrants that he/she
i. is qualified to provide medical services;
ii. has obtained all licenses as required by law to provide medical services and has not committed any act or omission that might prejudice its continuance or renewal; and
Practitioner agrees that he/she shall at all times abide by the applicable medical regulations including the code of professional ethics as prescribed under applicable laws. Practitioners shall promptly renew their licenses required to provide medical services and notify HealthLink about the same. Practitioner hereby agrees to hold in strictest confidence all information provided by a User to him/her under all circumstances. Practitioner agrees that he/she shall not disclose any information or documentation provided by a User to any other person, nor shall he/she allow, by act or omission, such information or documentation to be acquired by any other person.
Practitioner agrees to render his/her services and fulfill their obligations towards their patients using their best efforts, skill and ability.
Practitioner shall be liable to indemnify and hold HealthLink harmless from and against all actions, claims, damages, losses and expenses, including court costs and reasonable attorneys' fees, arising out of or resulting from any breach, default, contravention,non-observance, non-performance, improper performance of any of its obligations or the terms, conditions, covenants and provisions contained in this Terms and Conditions of Use.
As mandated by law, HealthLink hereby informs Users that they are not permitted to host, display, upload, modify, publish, transmit, update or share any information that:
i.belongs to another person and to which the User does not have any right to;
ii.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;
iii.harm minors in any way;
iv.infringes any patent, trademark, copyright or other proprietary rights;
v.violates any law for the time being in force;
vi.deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
vii.impersonate another person;
viii.contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
ix.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 cognisable offence or prevents investigation of any offence or is insulting any other nation.
Users are also prohibited from:
i.violating or attempting to violate the integrity or security of the Website or any HealthLink Content;
ii.transmitting any information (including job posts, messages and hyperlinks) on or through the Website that is disruptive or competitive to the provision of Services by HealthLink;
iii.intentionally submitting on the Website any incomplete, false or inaccurate information;
iv.making any unsolicited communications to other Users;
v.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;
vi.attempting to decipher, decompile, disassemble or reverse engineer any part of the Website;
vii.copying or duplicating in any manner any of the HealthLink Content or other information available from the Website;
viii.framing or hot linking or deep linking any HealthLink Content.
HealthLink, 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) generated by Users, or on being notified by the appropriate Government or its agency that the Website is being used by the User to commit any unlawful act and/or is being used in violation of these Terms and Conditions of Use, shall be entitled to remove or disable access to the material or information that is in contravention of these Terms and Conditions of Use. HealthLink is entitled to act, as required by law, within thirty six hours of obtaining such knowledge and, where applicable, work with Users to disable such information that is in contravention of applicable law. HealthLink shall also be entitled to preserve such information and associated records for production to governmental authorities for investigation purposes.
In case of non-compliance with any applicable laws, rules or regulations, or these Terms and Conditions of Use by a User, HealthLink 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 Website.
HealthLink 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. HealthLink will comply with any duly-issued government or court directions to disable access to the User-generated information, should it be found to be illegal by a competent governmental authority.
HealthLink 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,
i.Such User breaches any of these Terms and Conditions of Use;
ii.A third party reports violation of any of its right as a result of your use of the Services
iii.HealthLink is unable to verify or authenticate any information provide to HealthLink by a User;
iv.HealthLink has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User; or
v.HealthLink believes in its sole discretion that User's actions may cause legal liability for such User, other Users or for HealthLink 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.
Where a User has ordered a HealthLink service, the User confirms that the electronic mail address communicated to HealthLink at the time of such ordering belongs to the User and that the User has unrestricted access to the subject electronic mail account and therefore HealthLink and User shall communicate amongst themselves in relation to this Agreement or otherwise, using the subject electronic mail address of the User. Any communication sent by HealthLink to User or vice-versa using this electronic mail address shall be considered final and binding.
By using this website, User unconditionally agrees to promotional or transactional electronic mail or text messages to be sent to his/her electronic mail account(s) or phone number(s) shared with HealthLink.
IX. DATA RETENTION
HealthLink shall retain user data based on HealthLink's data retention and archival policies. Users shall maintain necessary back-ups of their data including attachments outside HealthLink.
Data pertaining to users who have stopped using HealthLink services may not be available to users after such stoppage date. Stoppage date is defined as users not making use of HealthLink services for a given period of time, either voluntarily or by way of HealthLink disabling their access for any reason.
X. APPLICABLE LAW AND DISPUTE SETTLEMENT
You agree that this Agreement and any contractual obligation between HealthLink and you, will be governed by the Laws of India.
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 HealthLink. Arbitration shall be conducted in accordance with applicable Laws of India. 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.
Subject to the above, the courts at Bangalore 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.
XI. SEVERABILITY
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.
XII. WAIVER
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 HealthLink. Any consent by HealthLink to, or a waiver by HealthLink 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.
XIII. DOCUMENTATION/HELP
HealthLink provides Help pages where appropriate. Every care has been taken by HealthLink in compilation of such Help content and in verification of its accuracy when published. It is the goal of HealthLink to supply accurate and reliable documentation. However, the content of these Help pages is subject to change without notice and should, therefore, be used as a guide only.
HealthLink reserves the right to modify and revise the Help content without notice. Help content does not represent a commitment on the part of HealthLink. For example, the products / solutions referred to in such content are continually improved through further research and development and this may lead to information being altered without notice.
HealthLink assumes no responsibility for inaccuracies or omissions and specifically disclaims any liabilities, losses, or risks, personal or otherwise, incurred as a consequence, directly or indirectly, of the use or application of any of the contents of Help pages. In no event shall HealthLink be held liable for any damages including lost profits, lost savings, or other incidental or consequential damages resulting from the use of or inability to use the information contained within in Help pages. HealthLink expressly disclaims all and any liability and responsibility to any person, whether a reader of this document or not, in respect of claims, losses or damage or any other matter, either direct or consequential arising out of or in relation to the use and reliance, whether wholly or partially, upon any information contained or products / solutions referred to in these pages.
Examples used in Help pages may include fictitious names of individuals and companies. Any similarity to names and addresses of actual businesses or persons is entirely coincidental.
XIV. PRICING
HealthLink shall charge users for its services based on pricing plans published by HealthLink from time to time. These plans shall broadly be classified as post-paid and pre-paid plans.
Where users select post-paid plans, usage charges shall be levied from the time the user signs up to HealthLink at agreed frequencies (for example, monthly), regardless of whether the user utilizes HealthLink services. In other words, users are liable to pay usage charges for post-paid plans even if they do not invoke the HealthLink website or log into HealthLink account or use the services in any manner.
In the event of a user not paying usage fees or subscription amounts on time, HealthLink reserves the right to de-activate the account. In such cases, re-activation of the account shall be at the sole discretion of HealthLink based on data archival policies and charges as specified by HealthLink, shall apply whenever the user would like to re-activate the account.
Users are advised to evaluate HealthLink services prior to subscribing. No claim for refund of any sum paid to HealthLink, shall be entertained, in any event.
User agrees to indemnify and hold harmless HealthLink, its affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from User's access to or use of Service, violation of these terms, or infringement, or infringement by any other User of his/her/its account, of any intellectual property or other right of any person or entity. HealthLink will notify you promptly of any such claim, loss, liability, or demand, and in addition to your foregoing obligations, you agree to provide us with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
HealthLink provide their services across the globe. Where a user avails HealthLink services outside India, such user shall be liable to pay any taxes as applicable in the country where the user operates and HealthLink shall not be responsible for not collecting such taxes from the user.
YOU HAVE READ THESE TERMS AND CONDITIONS OF USE AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE