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Terms of Use - Healthcare Service Providers

These Terms of Use (“Terms of Use”) mandate the terms as per which the users access and register on the “HeaLink/”Healink Health Connect” website and mobile Application (collectively referred to as the “Application”/”Platform”), created, owned and managed by Third AI Platforms Private Limited having CIN no. U74999DL2021PTC381786 hereinafter referred to as “We” or “Our” or “Us” or the “Company”, and the Application Services (as defined below), provided through the Application.

This document is an electronic record in terms of the Information Technology Act, 2000 and Rules thereunder as applicable and the provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000.

This electronic record is generated by a computer system and does not require any physical or digital signatures. Please read the Terms of Use and Privacy Policy (as defined hereunder) (together hereinafter referred to as “Agreement”) carefully before using or registering on the Application or accessing any material, information, or Application Services through the Application.

Your access to or use of the Application (even when You do not avail of or provide any services on the Application) availing any features of the Application and its services shall signify your acceptance of the Terms of Use and Privacy Policy and Your agreement to be legally bound by the same. These Terms of Use do not alter in any way the terms or conditions of any other written agreement you may have with the Application for other services.

HeaLink is on a mission to build health equity and bridge health disparities. Built to bring openness in healthcare data digitization and interoperability, HeaLink aims to empower patients and healthcare service providers with the right medical information, from the right source. By putting the patient at the center of all the healthcare data they own, HeaLink enables patients to share their data across the HeaLink Ecosystem, upon granting revocable consent. The healthcare service providers can optimize their clinical practice and create electronic health information for their patients seamlessly. Furthermore, business analytics and other insights form a part of the enterprise solution focused to improve efficiencies and effectiveness of clinical practice.

1. Definitions:
  • 1.1. “Account” shall mean the HeaLink account which has been created after registration;
  • 1.2. “Application” shall mean the modules of HeaLink Application accessed by Healthcare Service Providers (hereinafter defined in Section 1.8) to avail the Services of the Platform;
  • 1.3. “Application Services”/ “Services” shall have the meaning ascribed to it in Section 6.4;
  • 1.4. “Clinics” shall mean a clinic run by an individual Doctor where only outpatient department services are available. Clinics will provide general and specialist examinations and treatments;
  • 1.5. “Company” shall mean and refer to Third AI Platforms Private Limited having CIN no. U74999DL2021PTC381786;
  • 1.6. “Doctors” shall mean and include registered medical practitioners who have the medical qualifications ascribed to them under Section 11 of the Indian Medical Council Act, 1956 (“IMC Act”);
  • 1.7. “Healthcare Service Providers” shall include Doctors, Preventive Healthcare Service Providers, Health Establishments, and Hospitals, shall collectively be referred to as Healthcare Service Providers;
  • 1.8. “Health Establishments” shall mean the polyclinics where multiple doctors conduct outpatient services at a single clinic;
  • 1.9. “Hospitals” shall mean and include a facility that provides emergency, inpatient, and outpatient medical care for the treatment, care, and cure of sick and injured people as classified by the local municipal body of the area where it is located;
  • 1.10. “Indemnitees” shall have the meaning ascribed to it in Section 19.1.1 ;
  • 1.11. “My Profile” shall have the meaning ascribed to it in Section 4.3 ;
  • 1.12. “Patient” shall mean any person seeking medical advice, treatment or care from Healthcare Service Providers who are registered on the Application;
  • 1.13. “Patient Application” shall mean the modules of the HeaLink application accessed by the Patients to avail the Services of the Platform;
  • 1.14. “Payment Details” shall have the meaning ascribed to it in Section [●];
  • 1.15. “Platform” shall have the same meaning ascribed to it as Application mentioned in Section 1.2 above;
  • 1.16. “Preventive Health Care Service Providers” shall mean and include nutritionists, fitness trainers, wellness coaches, physiotherapists, or any other wellness instructor;
  • 1.17. “Privacy Policy” shall mean the Privacy Policy of this Application;
  • 1.18. “Application Services”or ”Services” shall have the meaning ascribed to it in Section 6.4;
  • 1.19. “Third-Party Account” shall have the meaning ascribed to it in Section 4.4;
  • 1.20. “Third Party Service Provider/s” shall mean any supplier of services on Our internal team or external parties enlisted (whether an individual, professional, or a similar entity) on the Application, directly or indirectly, including designated/authorised associates, employees, partners, and practitioners thereof; and
  • 1.21. “You/Your” shall have the meaning ascribed to it in Section 3.2.
2.Introduction to HeaLink:

The Company is providing Services (defined in Section 6) of Digitizing and Linking Decentralized Digital Health Care Delivery System. We are tying up with various Healthcare Service Providers and providing an Application to facilitate healthcare delivery and provide consent access to health. Our Services focus on a Patient’s journey including lack of awareness of preventive healthcare and wellness behavior, difficulty to find the right provider, and long commute, poor waiting time, difficulties in keeping records, lack of clear patient history. We also focus on a chain of problems from a doctor’s perspective such as lack of availability of beds, identity duplication of Patients, lack of access to clinical symptomatology, manual clinical documentation, delayed investigation, slow reimbursement payment process, time-consuming health insurance claim verification, lengthy discharge procedure and lack of real-time validation by a physician for monitoring patients amounts to medical advice.

3. Applicability of Terms of Use:

These Terms of Use are applicable to Healthcare Service Providers who are eligible to register on the Application and agree to use the application services/services/platform (of their service delivery)/patient experience (“You”/ “Your” /“Healthcare Service Providers”).

4.Account, Password, and Security on the Application:
  • 4.1. Upon downloading the Application, registration shall be mandatory for You to be able to use the Platform;
  • 4.2. In order to avail the Application Services, You shall create an Account which shall be associated with the Healink ID.
  • 4.3. To create an Account i.e., “My Profile”, the following details are required to be added:
    • 4.3.1. Personal Information: Full name, gender, profile photo (optional), contact number, email ID, state and city of residence, signature;
    • 4.3.2. Educational Information: educational qualification (degree/(s) to be uploaded), educational institution, specialization, post qualification experience, year of graduation;
    • 4.3.3. Establishment Details: Type of establishment, name, city, address, GPS location and providing timings;
    • 4.3.4. Verification: The Application has put into effect two-step verification process. The information collected for verification depends on the type of registration. In case of standalone Doctors and Preventive Healthcare Service Providers, AADHAR and/or National Medical Commission (NMC) verification is mandated. In case of a Hospital, providing PAN, GSTIN and CIN details is compulsory;
    • 4.3.5. If You have previously registered with ABDM, then it is mandatory for You to register on the Application through HPR (Health Professional Registry) or HFR (Health Facility Registry). However, if You don’t have an existing HPR or HFR, the Application provides the facility to create the same; and
    • 4.3.6. We reserve the right to make any of the aforementioned criteria mandatorily available to us at any point, to ensure that the best possible Services and verifications are carried out for the end-users.
  • 4.4. You may be able to register Yourself by logging in to Your Third-Party Account, such as Google, Apple, or Facebook (each such account shall be referred to as a “Third-Party Account”), via our Application;
  • 4.5. As part of the functionality of the Application Services, You shall be able to link Your Account on the Application with Third-Party Accounts, by either:
    • 4.5.1. Providing Your Third-Party Account login information to Us through the Application; or
    • 4.5.2. Allowing Us to access Your Third-Party Account, as is permitted under the applicable terms and conditions that govern Your use of each Third-Party Account.
  • 4.6. By logging in through Your Third-Party Account, You grant Us access to Your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach of any of the terms and conditions that govern Your use of the applicable Third-Party Account and without obligating them to pay any fees or making Us subject to any usage limitations imposed by such Third-Party Service Providers;
  • 4.7. You shall ensure and confirm that the Account information provided by You is complete, accurate, and up-to-date. If there is any change in the Account information, You shall promptly update Your Account information on the Application. If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or if the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to suspend or terminate Your Account and refuse any and all current or future use of the Application (or any portion thereof) at its discretion, in addition to any right that the Company may have against You at law or in equity, for any misrepresentation of information provided by You;
  • 4.8. Data sharing and user privacy extend not only to the immediate context but also to the surroundings of both the Patient and the Healthcare Service Providers. You understand that We do not have any control over Your surroundings or Your Patient’s surroundings;
  • 4.9. Activities occurring under Your account will be Your responsibility and thus You agree to maintain every information confidential in Your account. You agree to:
    • 4.9.1. immediately notify the Company of any unauthorized use of Your Account information or breach of security; and
    • 4.9.2. ensure that You exit or log out from Your Account at the end of each appointment. The Company cannot and will not be liable for any loss or damage arising from Your failure to comply with this provision.
  • 4.10. Any loss arising due to Your failure in keeping Your account information private and confidential, You will be solely liable for the losses, damages including claims made by patients and/or fines/penalties charges levied by government/regulatory authorities and any included expenses incurred for litigation and mitigating the breach whether monetary or otherwise; and/or
  • 4.11. Use of another Healthcare Service Providers account information for availing the Application Services is expressly prohibited.
5. Creation of ABHA via Application:
  • 5.1. The Application provides You the facility for creating an ABHA for Your Patients, at their request or approval. The Application follows the procedure as prescribed by the National Health Authority for Ayushman Bharat Digital Mission;
  • 5.2. creation of ABHA for Your Patients:
    • 5.2.1. Registration: You can create an ABHA for Your Patients by providing their Aadhar details or a Driving License or any other verifiable document of Your Patient, as directed by the Patient. Such document-based verification may be notified by the government from time to time. You will have to input Patient’s name, date of birth, and gender;
    • 5.2.2. Authentication: The Application will verify the Patient’s identity by sending an OTP (One-Time Password) to their registered mobile number;
    • 5.2.3. Consent: The registration process will be completed when the Patient provides consent for the ABHA to be created and agree to follow the terms and conditions of Ayushman Bharat Digital Mission; and
    • 5.2.4. Issuance of ABHA: Once the registration process is completed, a unique ABHA will be generated for Your Patient which will be linked to their digital medical records.
  • 5.3. The creation of ABHA through the Application is an additional service being provided by the Company and there is no charge for this Service. Furthermore, this service is completely optional and may be provided by You to the Patients at Your sole discretion;
  • 5.4. These steps may vary from the actual process, so it is essential for You to refer to the official guidelines and documentation provided by the National Health Authority for up-to-date and accurate information for creating ABHA;
  • 5.5. Creation or non-creation of ABHA for the Patient does not in any way affect Our said Services or interfere with the government’s services under Ayushman Bharat Digital Mission;
  • 5.6. As for the Patient, it is not a legal mandate to create ABHA number, the Patient may refuse to do so;
  • 5.7. While we offer You the facility to create an ABHA for the Patients via the Application, it is not mandatory for You to do so; and
  • 5.8. ABHA is a provision being provided by the Government of India. The terms of use that apply to ABHA also extend to the Patients usage as well as Yours. For more information about the same, kindly refer to the ABDM website.
6.Provision of Services:
  • 6.1. The Platform provides various functionalities with respect to the management of medical cases, booking appointments, creation of walk–in tokens, saving encrypted and secure medical information and records, creation and linking of ABHA, management of health lockers and health information, consent management;
  • 6.2. Healink provides additional services to Healthcare Service Providers for effective administration of their Clinics/Establishments/Hospitals. Such other additional Services includes enterprise management, business analytics, staff management or any other Services that Healink deploys in the future;
  • 6.3. As a part of the Company’s enterprise management services, the Healthcare Service Providers are offered various resources. These include daily reports – indexing number of consultations and revenue generated on per day basis, detailed revenue distribution, patient trends, notification and settings tab;
  • 6.4. The services enlisted under Section 6.1 to Section 6.3 along with any services provided by the Company’s associates or Third Party Service Providers with whom the Company has contractual arrangements, shall together be referred to as “Application Services”/”Services”;
  • 6.5. We reserve the right to amend or change or suspend any of these Application Services at the discretion of Our management. Whenever possible, we will make an effort to notify you before making any material changes; and
  • 6.6. The Company shall facilitate the provision of the Application Services and provide such other services (including account creation and management, management of various services purchased/booked on the Application, payment, and transaction summary generation services, etc.) to You by allowing You to register and access the Application on the terms and conditions set forth herein;
  • 6.7. Medical Vault:
    • 6.7.1. A medical vault facility allows the Patients to upload their past and upcoming medical records at a single location on the Patient Application. The medical vault only accepts photos and PDFs of the medical records. They are in XLS, CSV, JPEG, and JPG form. No videos can be uploaded on the medical vault. The medical vault is protected and secured through an encrypted consent PIN available with the Patient only. The same would be required only while sharing documents with You;
    • 6.7.2. Depending on the Patient’s preferences and choices, You may be given access to a specific folder or the full medical vault. Your access to such medical vault is solely the choice of the Patient, and We do not moderate or interfere with any such decisions in the hands of the Patient;
    • 6.7.3. You will also be able to view Patient’s personal details including their ABHA number and ABHA address. You can also place a request to demand additional documents from the Patient. Acceptance of such request to view additional documents shall be granted at the sole discretion of the Patient or their care-giver, depending on the circumstances;
    • 6.7.4. The accuracy, integrity, and completeness of the information provided in the medical vault depend on the information provided by the Patient or the Patient authorised Third-Party Service Provider. The Application is merely a facilitator communicating and storing information and does not in. We do not in any manner alter the information uploaded on the medical vault; and
    • 6.7.5. HeaLink shall, in no event be liable for any losses or injuries suffered by the Patient or by You arising out of or in connection with any actions or omissions made by the Patient orby You or any other person including a Third-Party Service Provider, as a result of relying on the information provided in the medical vault.
  • 6.8. Appointments and Prescriptions:
    • 6.8.1. You will have access to view Your scheduled appointments with Patients through the Application. These appointments will be categorized as per dates. You can view the timing of video consultations and in-clinic appointments. The video consultations shall take place via Twilio;
    • 6.8.2. It’s important to note that the terms of use and privacy policies of the respective video-conferencing platforms apply to both the Healthcare Service Providers and Patients. We have no control or decision-making power over these policies;
    • 6.8.3. You can provide prescriptions via this Application. You can input basic details of the Patient. Symptoms of the patient can also be recorded on the Application. Thereby, the prescription can be made accordingly;
    • 6.8.4. You shall fill out the mandatory information requested by the Application to generate a complete prescription;
    • 6.8.5. The information required to be filled by You is subject to alterations, modifications and changes from time-to-time by the Company;
    • 6.8.6. It is mandatory for You to provide a photo, scan, or digital copy of a signed prescription or e-prescription to the Patient via email or any messaging platform. Furthermore, the Patient and You should have a mutual agreement that the e-prescription is satisfactory. Should the Patient need a physical copy, they have the option to download it via the Application;
    • 6.8.7. The medical advise and treatment prescribed is at Your professional discretion. The Company is merely providing a practice management system to You. The Company shall not be held liable or responsible for any loss, damage, ineffectuality or adverse effect, whether direct or consequential, caused by the consumption, non-consumption or adherence to the medicines or routine prescribed; and
    • 6.8.8. A Doctor may consult in more than one clinic. If any healthcare facility needs a Doctor, they can make a request for the same. Upon the Doctor’s approval, the facility’s information will be added to the Doctor’s profile in the ‘My Clinics’ section.
  • 6.9. Billing Patients, Payments and Additional Services: –
    • 6.9.1. You can bill Patients in accordance with Your consultation charges. These charges can be altered for different services provided from time-to-time. These charges levied shall be exclusive of the taxes payable by the Patients;
    • 6.9.2. You are required to issue a receipt/invoice for the fee charged in exchange for the tele-consultation or in-clinic consultation. The invoice will be generated by the payment gateway only for online payments;
    • 6.9.3. The charges and Application Services may change at the Company’s sole discretion and the Company and Third-Party Service Providers do not guarantee that the charges will be the lowest in the city, region, or geography or if the respective Third-Party Service Provider will always be available;
    • 6.9.4. The Application Services shall be additionally governed by specific terms and policies (payment terms, cancellation policy, refund policy, etc.) which are briefly mentioned below;
    • 6.9.5. Any booking made for an Application Service(s) through the Application shall be, in addition to the terms mentioned herein, subject to additional terms and conditions of the Third-Party Service Providers or associates (including offers, discount and campaigns offered from time to time) mentioned on the Company’s respective website/mobile Application, which You are presumed to have read and accepted at the time of booking an appointment;
    • 6.9.6. You agree to pay for all fees and charges incurred while using the Application Services. Additional taxes or Third-Party Service Providers’ charges may apply;
    • 6.9.7. The charges for Application Services shall be charged along with the Third-Party Service Providers’ fee, wherein a minimum fee will be charged on per service basis which will be at the discretion of the Company. The amount being charged will be inclusive of GST. The same shall be notified at the time of charging the fees. You agree to abide by any amendments that may happen in the future in the fee structure of the Company or Third-Party Service Providers. The Company may modify this fee at any point at their management’s discretion;
    • 6.9.8. You may also provide additional services like blood tests, blood-pressure check-up, and provide nebulizer, etc. You can additionally charge the patient for these services over and above the professional/consultation charges for which separate receipt/invoice to be issued at your end.
    • 6.9.9. In consideration for HeaLink granting You access to and use of the Application and Services, You agree that HeaLink and its Third-Party Service Providers may place such advertising on the Services or in connection with the display of User content or HeaLink content, or information from the Services, whether submitted by them or others.
7.Application Service /Modules:
  • 7.1. The issuance of all prescriptions is solely at Your professional and You bear sole responsibility for such prescriptions;
  • 7.2. HeaLink does not endorse any prescription, nor does it deal in medical drugs. The use of any medical drugs prescribed by the Doctor during the Service shall be per Your professional discretion and Your sole responsibility;
  • 7.3. The Company is only acting as a facilitator of Services, and teleconsultation offered by Doctors on the Application is not the responsibility of the Company;
  • 7.4. The Company does not manage or supervise Your services. It shall solely be Your responsibility to adhere to the standards of the Indian Medical Council or any other law for the time being in force;
  • 7.5. Healink or the Company is in no way providing a standard operating procedure or neither are We interfering with the existing standard operating procedure of the Healthcare Service Provider for treatment, care and management Patient’s illness;
  • 7.6. Healink only provides a Platform to You for providing Your services and for Patients to access the Application Services. Healink is not privy to the doctor-patient relationship, established between You and the Patients; and
  • 7.7. The degree and extent of professional and legal liabilities of the Healthcare Service Providers registered on the Application remains equivalent to the Services rendered traditionally in the conventional set-up.
8.Access permitted by Patients:
  • 8.1. The Patient, as per his requirement and desire, will furnish You the access to their medical vault. This access is granted only for Your medical advice, consideration and to derive a plan of action. It shall strictly be used, shared (if permitted and required) and safely documented by You;
  • 8.2. Your Patient may also allow You complete/partial and on-going access to the medical vault via ‘’Subscription & Auto approval’;
  • 8.3. The Doctor will receive notifications for each prescription that is uploaded to the Patient’s medical vault, to which You have access;
  • 8.4. Auto approval consent enables the Doctor to conveniently access prescriptions without the need for repeated consent requests; and
  • 8.5. A User may have multiple ABHA addresses and each such address will have a unique medical vault. Furthermore, each medical vault shall have its own subscription and auto approval settings.
9.Representation and Warranties:
  • 9.1. The Healthcare Service Providers represent and warrant as follows:
    • 9.1.1. That You understand and agree that the Company is acting only as a facilitator for providing various Services. The Company is providing You with the Application for Patient management, enterprise management and analytics and other logistical services.
    • 9.1.2. That you understand and agree that the Company does not have any supervisory control over the quality, means of conducting, and managing the business/services provided by You. You hereby agree to not hold the Company, any of its affiliates, employees, directors, and/or partners liable for any loss or damage incurred by You on account services offered by You to the Patients;
    • 9.1.3. That You understand and agree that the information You obtain or receive from the Company, and its employees, contractors, partners, sponsors, advertisers, licensors, or otherwise, on the Application is for informational purposes only;
    • 9.1.4. That You understand that, We make no guarantees, representations or warranties, whether expressed or implied, with respect to Your professional qualifications, quality of work, expertise or other information provided on the Application by You or the Patients on the Patient Application;
    • 9.1.5. That You understand and agree that Healink makes no representation or warranties regarding the suitability of any third-party services being provided by Third-Party Accounts for intended requirements or purposes;
    • 9.1.6. That You understand and agree that the Company hereby makes no representations, promises and/or guarantees with regards to outcomes, exactness, duration, quality and quantity of Services provided to You;
    • 9.1.7. That You understand and agree that You shall adhere to the applicable regulations outlined in the Indian Medical Council (Professional Conduct, Etiquette, and Ethics) Regulations, 2002, Telemedicine Practice Guidelines, 2020 and with the relevant provisions of the IT (Information Technology) Act, data protection and privacy laws, or any applicable rules that may be introduced periodically to safeguard patient privacy, confidentiality, and governing the management of the personal information of the Patient. Your adherence to this framework shall solely be Your responsibilities. You understand that only You shall be held liable for any actions outside of the purview of applicable legislations;
    • 9.1.8. That You understand and agree that the medicines/routines being prescribed are at Your sole professional discretion and You shall not hold the Company, its director, employees, affiliates or any other person or entity associated with the Company liable in case of any loss, damage, adverse effect, ineffectuality or a combination or type of any such eventuality;
    • 9.1.9. That You understand and agree that this Application does not interfere with the professional relationship created between the Patient and You, and therefore does not in any way diminish your professional liability towards the said Patients. .;
    • 9.1.10. That You understand and agree that We do not guarantee the completeness of the forms, information, features, available on the Application. Availing the services of the Application is an over-the-top service that You subscribe to for the management of Your practice or facility. In case there isn’t sufficient space or a feature for You to record or register Your observations about Your Patient’s conditions, diagnosis or prescription, You may do so alternatively, and convey the same to the Patient. You shall not rely on the Application as a blueprint for providing medical services, rather it is an aiding Application for logistical management of Your practice;
    • 9.1.11. That You understand and agree that You shall employ and maintain adequate care (physical and technical) for safeguarding Patients’ personal and medical information, files, reports and any other detail in their physical and/or digital custody;
    • 9.1.12. That You understand and agree that the Company has neither nor command over aspects including but not limited to Your internet service provider’s services, internal filing system, cyber security network, third-party service providers, fitness, efficiency and compatibility of all Your electronic applications. You understand and agree that any loss of data, information, prescription due to the aforementioned reasons shall not be the responsibility of the Company;
    • 9.1.13. That You understand and agree that the Company shall not be responsible for the disclosure of confidential Doctor-Patient communication; whether pertaining to personal or treatment-based matters or files in the medical vault. It shall be Yours and Your staff’s sole responsibility to maintain confidentiality;
    • 9.1.14. That You understand and agree that only You shall be responsible for ensuring proper onboarding and consultation of a minor Patient in the presence of their guardian or caregiver; and
    • 9.1.15. That You understand and agree that Your responsibility, liability, care and diligence towards Your Patients shall remain identical to such degree and extent as if the services were rendered by You traditionally in the conventional set-up.
10.Recording appointments:

The Application does not record any live teleconsultation appointments conducted as a part of the Company’s Service.

11.Not Medical Advice:
  • 11.1. Availing the Services offered by the Company through the Application does not create a doctor-patient relationship between the Patient and the Company;
  • 11.2. The Company and the Application does not provide any medical advice to the Patients. The Company and the Application does not provide any guidance, medical assistance and professional advice to the Healthcare Service Providers. You are solely responsible for providing, prescribing medical care, routine and medicines;
  • 11.3. The Company is only a facilitator for the medical services provided by You which are facilitated by the Application and is not responsible for any information provided by You;
  • 11.4. The Company does not manage or supervise Your services. We are not responsible for the standards adhered by You;
  • 11.5. The Company also provides a practice management system to Healthcare Service Providers, which is limited to logistical aid, monetary and business analytics. The Company does not provide medical advice, supervision, directions, suggestions, or any other activity implying, constituting or resembling medical advice, whatsoever.
  • 11.6. There is absolutely no interference or involvement of the Application, Healink, its directors, KMPs, employees or any individual or entity related to Healink in providing any advice, direction, standard operating procedure to the Healthcare Service Provider; and
  • 11.7. In the light of Healink being a facilitator of Service delivery, Healink shall not be responsible for any loss, damage, ineffectuality or adverse effect, whether direct or consequential, caused by the consumption, non-consumption or adherence to the course of medicines or routine prescribed.
12.Additional terms and Amendments:
Your use of the Platform and its Services signifies Your acceptance of any additional terms and conditions, guidelines, house rules, etc. posted, updated, communicated, or displayed on the websites/centers of the Application and by Third-Party Service Providers.
13.Disclaimers to use Services:
  • 13.1. To the fullest extent permitted by law, the Company disclaims all liability arising out of Your use or reliance upon the Application, the Third-Party Account services, representations and warranties made by the Third-Party Service Providers, the information provided on the Application, or any opinion or suggestion given or expressed in relation to any Third-Party Services; and/or
  • 13.2. Without prejudice to the generality of the above, You understand and agree that the Company is not involved in interactions between You and the Patient. Hence, We would shall not be held responsible for the same; and
  • 13.3. The Company disclaims any guarantee of exactness as to the duration, type, satisfaction from any Service fulfilled by Us or Third-Party Service Providers. Further, the Company makes no representation that Third-Party Services as provided by the Third-Party Service Providers are appropriate or safe to use.
14.Down-time:
    The Company shall not be held responsible for the non-availability of the Application during periodic maintenance operations or any unplanned suspension of access to the Application that may occur due to downtime resulting from technical reasons, or for any reason whatsoever, whether or not under the Company’s control. However, it shall be in our best endeavor to make sure the Application is operational at all times
15.Payment Services for the Application:
  • 15.1. Payments made by You through the Application shall be made via the Application. You hereby acknowledge and consent to (up to the extent permissible by applicable laws) the processing, collection, and management of payments made by You through a third-party payment gateway;
  • 15.2. For the purposes of processing payments, the Application shall require You to submit certain documents based on the type of Your Account. Such information may include Aadhar verification, third-party verification, PAN, GSTIN, CIN or any other details communicated to You from time-to-time;
  • 15.3. You agree that You are responsible for any fees charged by Your mobile carrier in connection with Your use of the payment services through Your mobile;
  • 15.4. As per Your convenience and choice You can delete, edit, or change the Payment Details and credentials;
  • 15.5. You hereby agree that You shall not hold the Company liable or responsible for any payment made by You on the Application. Particularly, when:
    • 15.5.1. You have insufficient funds in the bank account linked to the Payment Details provided by You or the transaction exceeds the credit card limit or per-day transaction limit;
    • 15.5.2. Error or incorrect Payment Details provided;
    • 15.5.3. Expiration of Your card; or
    • 15.5.4. Circumstances beyond the Company’s control (such as, but not limited to, power outages, interruptions of cellular service, or any other interferences from an outside force) preventing the execution of the transaction.
16.Integrations:
  • The Company provides integrations to have smooth technical feasibility. Our integrations have been done with the Government of India’s flagship Ayushman Bharat Digital Mission, along with that the consequent security licenses and clearances done by Us are a testament to the technological capabilities and feasibility of Our developments.
17.Cancellation and Refund:
  • 17.1. Appointments scheduled by Patient are non-refundable beyond twenty-four (24) hours and an additional cancellation fee will be levied, non-exchangeable, and non-saleable;
  • 17.2. A full refund shall be applicable to the Patient, they cancel the appointment prior to twenty-four hours of the appointment. However, if the cancellation is made within twenty-four hours of the scheduled appointment, only a 50% refund shall be applicable; and/or
  • 17.3. In case of cancellation or rescheduling of a Patient’s consultation from Your end, it shall be Your responsibility to inform, coordinate, re-schedule the appointment with the Patient. However, in case of cancellation, you shall refund the Patient, in case the fee was paid;
  • 17.4. With regards to payments, the Application shall not be responsible for any unauthorized transactions conducted on Our Application using Your or the Patient’s payment card or internet banking. The Application shall not be obligated to refund any money to You or Your Patient in such instances.
18.Use of Application:
  • 18.1. The Company grants You a non-exclusive, revocable, limited privilege to access and use this Application and the Company’s Services, provided You adhere to the Terms of Use mentioned herein. You agree to use the Application Services and the materials provided therein only:
    • 18.1.1. for purposes that are permitted by the Terms of Use;
    • 18.1.2. for purposes for which the Application Services are meant to be used; and
    • 18.1.3. in accordance with laws, rules, regulations, and accepted practices. You agree not to engage in activities that may adversely affect the use of the Application by the Company/other Healthcare Service Providers.
  • 18.2. You acknowledge and agree that by accessing or using the Application or Third-Party Services or Services, You may be exposed to content from others that You may consider offensive, indecent, or otherwise, objectionable. The Company disclaims all liabilities arising in relation to such offensive content on the Application;
  • 18.3.In case You are given a Platform to post Your comments, reviews and/or experience(s) on the Application, You shall not use such an opportunity to spread hate or use offensive speech towards the Company, its director(s), employees, other Healthcare Service Providers and/or other Patients on the Application. You shall solely be responsible for any material uploaded, submitted, or posted to the Application by Your login credentials. The Company reserves the right to review and delete any information/data that is inconsistent with these Terms of Use, or to its guidelines in general;
  • 18.4.You shall not use the Application Services to take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on Healink’s IT infrastructure;
  • 18.5. You shall not use the Application in order to transmit, distribute, store or destroy material, including, without limitation content provided by Healink:
    • 18.5.1. for any unlawful purpose or in violation of any applicable law, regulation, international law or laws of any other country; or
    • 18.5.2. that is defamatory, slanderous, libelous, obscene, threatening, abusive or is offensive to other Heathcare Service Providers on the Application, such as content or messages that promote racism, bigotry, hatred or physical harm of any kind against any group or individual; or
    • 18.5.3. that is false or misleading.
  • 18.6. You shall not use the HeaLink Application or Services to:
    • 18.6.1. remove, publish or decimate files, software(s) and/or other material that infringes someone’s Intellectual Property Rights, copyright, trademark or other proprietary rights notices contained in or on the Application and/or Service;
    • 18.6.2. create accounts by automated means or under false or fraudulent pretence;
    • 18.6.3. create or transmit unwanted electronic communications such as spam to other users of the Application and/or Services, or otherwise, interfere with other user’s Account;
    • 18.6.4. hack software, upload bugs, mine passwords, or through any illegal or unconventional means access or attempt to access the back-end of the Application or any part thereof which is not available for Your use by the Company; or
    • 18.6.5. use any deep-link, crawler, robot, spider, site search/retrieval application, or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Application, or in any way reproduce or circumvent the navigational structure or presentation of the Application, materials or any content, to obtain or attempt to obtain any bookings, documents or information through any means not specifically made available through the Application.
  • 18.7. Further, You undertake not to:
    • 18.7.1. Upload or publish any material, content, comment or information on the Application’s community tab or interact with the employees, members and/or Service Providers of the Company in ways which can be deemed to be inappropriate, defamatory, indecent or obscene;
    • 18.7.2. Download, post, upload, copy, republish contents posted by the Company or any part thereof without express written and valid consent from the Company;
    • 18.7.3.Conduct or forward surveys, contests, pyramid schemes or chain letters to other beneficiary of the Application and/or the Company’s employees, members and Service Providers;
    • 18.7.4. Knowingly or unknowingly upload or distribute files that contain viruses, corrupted files, or any software that has the potential or shall certainly result in damaging the Application’s software, or another’s devices;
    • 18.7.5. Engage in any activity that interferes with or disrupts access to the Application or the Application Services or the content (or the servers and networks which are connected to the Application);
    • 18.7.6. Probe, scan or test the vulnerability of the Application or any network connected to the Application, nor breach the security or authentication measures on the Application or any network connected to the Application. You may not reverse look-up, trace or seek to trace any information on any other user of the Application, of or visitor to, the Application, to its source, or exploit the content, Application or Application Services or information made available or offered by or through the Application, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided on the Application;
    • 18.7.7. Disrupt or interfere with the security of any computer network, or crack passwords or store illegal material including that are deemed to be threatening or obscene, or otherwise, cause harm to, the Application, systems resources, accounts, servers, or networks connected to or accessible through the Application or any affiliated or linked sites;
    • 18.7.8. Use any device or software to interfere or attempt to interfere with the proper working of the Application or any transaction being conducted on the Application, or with any other person’s use of the Application;
    • 18.7.9. Use the Application or any material or content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of the Company or other third parties;
    • 18.7.10. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
    • 18.7.11. Violate any applicable laws or regulations for the time being in force within or outside India or anyone’s right to privacy or personality;
    • 18.7.12. Violate the Terms of Use contained herein or elsewhere; and
    • 18.7.13. Reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Application;
  • 18.8. The Company hereby grants You a non-exclusive, freely revocable, non-transferable access to the Application, subscriptions, content, software and/or Services provided by the Company and its Service Providers on “as is” and “as available” basis, unless otherwise specified in writing. This access is subject to the following conditions:
    • 18.8.1. You shall not knowingly or unknowingly access or attempt to access or execute to modify or remove content, subscription prices and/or other available information on the Application;
    • 18.8.2. You shall not sell, lease, license, rent, distribute, or commercially utilize/exploit the Application or any part thereof and/or its services through any devised means; and
    • 18.8.3. You may not remove any text, copyright or other proprietary notices contained in the content downloaded from the Application.
  • 18.9. These Terms expressly supersede prior written Agreements with You. Supplemental Terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms shall prevail over these Terms in the event of conflict with respect to applicable Services;
  • 18.10. The Company may restrict You from accessing or using the Services, or any part of them, immediately, without notice, in circumstances where Company reasonably suspects that:
    • 18.10.1. You have or are likely to, breach these Terms of Use; and
    • 18.10.2. You do not or are likely not to, qualify, under applicable law or the standards and policies of Company and its affiliates, to access and use the Services.
19.Indemnification and Limitation of Liability of the Application:
  • 19.1.You understand, acknowledge, agree to indemnify, defend and hold harmless: –
    • 19.1.1. the Company and its affiliates including but not limited to its (and its affiliates’) officers, directors, consultants, agents, employees and vendors on the Application (“Indemnitees”) from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the Indemnitees that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or Agreement made or obligation to be performed by You pursuant to these Terms of Use;
    • 19.1.2. the Indemnitees harmless against any claims made by any third-party due to, or arising out of, or in connection with, Your use of the Application or Application Services or content, any misrepresentation with respect to the data or information provided by You, Your violation of the Terms of Use, or Your violation of any rights of another, including any intellectual property rights;
    • 19.1.3. the Indemnitees or any third-party for any special, incidental, indirect, consequential, or punitive damages whatsoever, arising out of or in connection with Your use of or access to the Application, Application Services or content on the Application;
    • 19.1.4. Any non-fulfillment of Your obligations;
    • 19.1.5. Any complaints or grievances that the Patient may have with You;
    • 19.1.6. Quality of a service or treatment being given by You;19.1.You understand, acknowledge, agree to indemnify, defend and hold harmless:
    • 19.1.7. Any misconduct or inappropriate behavior by You and/or Your staff
    • 19.1.8. Any type of inconvenience suffered by the Patient due to a failure on the Your part to provide or prescribe agreed and/or medically sound services.;
    • 19.1.9. Any scheduling, re-scheduling, disclosure of confidential information, illicit audio and/or video recording, unpermitted sharing of personal or medical information on account ofYour and/or Your staff’s negligence, act, or omission during teleconsultation;
    • 19.1.10. Cancellation, re-scheduling, recording audio and/or video of the Teleconsultation and/or in-clinic appointment or any other activity prohibited through the Terms of Use governing the Patient;
    • 19.1.11. Coordination, payment reminders and recovery of dues from the Patients for the Services provided by You and/or Your staff;
    • 19.1.12. The Patient’s conduct with You, Your other Patients,
    • 19.1.13. The limitations and exclusions in this Section apply to the maximum extent permitted by applicable laws.
    • 19.1.14. In no event shall the Company, its employees, directors, affiliates or any other entity or individual affiliated to the Company be liable. Such liability includes but is not limited to this Terms of Use, tort, contract, strict liability, negligence or any loss or damage to revenue, reputation, data, security, documentation, whether direct, consequential or punitive or any such similar damage or loss to You, Your Patient or any third-party.
  • 19.2. In addition, and without limiting the foregoing, to the fullest extent permitted by applicable law, in no event will Indemnitees aggregate liability arising out of or in connection with these Terms of Use or the Services rendered hereunder or such other services that may be deployed by the Company in the future, whether in contract, tort (including negligence, product liability, or other theory), warranty, or otherwise, exceed the amount of actual fees charged (if any) from You. Such amounts charged from You is the only means of revenue generation for the Company; and
  • 19.3. If applicable law does not permit the exclusion of certain warranties or the limitation or exclusion of liability, the scope and duration of such warranty exclusions and the extent of the liability of Company shall be the minimum permitted under applicable law.
20.Acceptance of Terms of Use of the Application:
  • 20.1. Upon the condition of acceptance of all the terms, conditions, notices present in these Terms of Use along with the acceptance of any amendments made by the Company at its sole discretion, You are allowed to use and access the Application offered;
  • 20.2. Using the Application or any of its Services or browsing the Application, merely states that You have read, understood and agreed to be bound by these Terms of Use available at https: website and mobile Application; and
  • 20.3. Any amendment or modification of this Terms of Use shall be done without prior notice to You. It shall be Your responsibility to check this Terms of Use periodically for changes. Continuous use of the Application by You will constitute Your consent and acceptance of changes made to the Application.
21.Change to Terms of Use of the Application:
  • 21.1. Company may amend the policies or supplemental terms related to the Services from time to time;
  • 21.2. It will be the Company’s best endeavor to provide You a written notice through a notification on the Application in the event of a material change to any policies or supplemental terms that detrimentally affects Your rights under these Terms. Amendments will be effective upon Company’s posting of such amended policies or supplemental terms on the applicable Service. Your continued access or use of the Services after such posting, or after the expiry of the notice period (whichever is later), constitutes Your consent to be bound by the Terms, as amended; and
  • 21.3. It is essential to note that, in light of evolving changes related to privacy in India, We make every effort to ensure Our compliance with existing and forthcoming laws. Additionally, We will keep You informed if any new features are introduced in accordance with Government notifications.
22.Violation of the Terms of Use of the Application:
  • 22.1. You agree that any violation by You of these Terms of Use will constitute an unlawful and unfair business practice and will cause irreparable harm to the Company and/or Service Provider for which monetary damages would be inadequate, and You consent to the Company and/or Service Provider obtaining any injunctive or equitable relief that they deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies that the Company and/or Service Provider obtaining may have at law or in equity; and/or
  • 22.2. If the Company and/or Service Provider takes any legal action against You as a result of Your violation of these Terms of Use, they will be entitled to recover from You, and You agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief that may be granted.
23.Suspension and Termination of Account on the Application:
  • 23.1. The Terms of Use will continue to apply until terminated by either You or the Company as set forth below. If You object to the Terms of Use or are dissatisfied with the Application, your only recourse is to (i) close Your Account on the Application; and/or (ii) stop accessing the Application.
  • 23.2. The Company may delist You or block Your future access to the Application or suspend or terminate your Account if it believes, in its sole and absolute discretion that you have infringed, breached, violated, abused, or unethically manipulated or exploited any term of these Terms of Use or anyway otherwise acted unethically. Notwithstanding anything in this clause, these Terms of Use will survive indefinitely unless and until the Company chooses to terminate them;
  • 23.3. If You or the Company terminate Your use of the Application, the Company may delete any content or other materials relating to Your use of the Application Services and the Company shall have no liability to You or any third-party for doing so. However, your transactions details may be preserved by the Company for purposes of tax or regulatory compliance;
  • 23.4. You shall be liable to pay for any Application Services that you have already booked till the time of termination by either party whatsoever; and
  • 23.5. The Company and/or Service Providers(s) shall have the right to cease/terminate relationship with You unilaterally without any reason, and applicable amount or cash back (if any) or pro-rata refund, as the case may be, shall be refunded to You subsequently.
24.Intellectual Property Rights of the Application:
  • 24.1. The Intellectual Property Rights (“IPR”) including but not limited to, Services, UI/UX design of the Application, standard operating procedures, source codes, nutritional and fitness information available on the Application, the words “HeaLink” and “Third Ai” and any other Services offered by HeaLink reserves with HeaLink. This content is protected by applicable trademark, copyright, and other Intellectual Property Rights laws;
  • 24.2. You shall not commercially, or otherwise, for any purpose whatsoever exploit the trademark HeaLink or Third Ai or any other trademark associated with the Company including but not limited to the terminology specifically created for the Application without prior written and valid consent from the Company;
  • 24.3. The Company holds the copyright for the design, workflow, and standard operation procedures within the Application. It also includes the Application related procedures deployed in various hospitals, clinics, or public places; and
  • 24.4. If HeaLink becomes aware of any account holder on the Application infringing on the copyright or trademark rights, it is Our policy to take reasonable actions within our power to terminate that account holder.
25.Governing Law:
  • 25.1. These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws, principles, and disputes arising in relation hereto shall be subject to the jurisdiction of the High Court of Judicature at Delhi, and the matter shall be adjudicated in the municipal limits of the city of New Delhi in accordance with the Arbitration and Conciliation Act of 1996; and
  • 25.2. The arbitration shall be held at New Delhi in the following manner:
    • 25.2.1. Three (3) arbitrators shall be involved. Each party shall appoint one arbitrator, and the third arbitrator is to be selected jointly by the appointed arbitrators;
    • 25.2.2. The arbitration award must be in writing and shall final and binding, and enforceable in any competent court of law;
    • 25.2.3. The prevailing party may, at panel’s discretion, be awarded its costs and reasonable fees, including counsel fees; and
    • 25.2.4. The provisions of this Section shall survive the termination of the Terms of Use.
26.Report Abuse and Grievance Redressal:
  • 26.1.In the event You come across any abuse or violation of these Terms of Use or if You become aware of any objectionable content on the Application or if You wish to report a grievance regarding Application or Application Services, please report the same to the following e-mail id: developer@thirdai.co.in or reach out to our Grievance Officer, whose contact information is detailed below:

    Name: Abir Satsangee
    Email ID: developer@thirdai.co.in
    Postal address: L-15, G/F SOUTH EXTN PART-2 DELHI South Delhi DL 110049

    Please provide Us with a detailed description of the complaint/grievance, and We will acknowledge the complaint within twenty-four hours and will endeavor to resolve Your grievances within one month from the date of receipt of such grievance, or within such timeframe stipulated under applicable laws.

  • 26.2.If You want to grant, manage, review or withdraw Your consent, You can reach to Us through a Consent Manager. The appointment of Consent Manager align with the regulations set forth in the Digital Personal Data Protection Act, 2023.
    You may contact the Consent Manager at: developer@thirdai.co.in
27.Communications:
  • 27.1.You hereby expressly agree to receive communications by way of SMS/ phone calls and/or e-mails from the Company and Third- Party Service Providers relating to the Application Services provided through the Application; and/or
  • 27.2.You can unsubscribe/opt-out from receiving communications through SMS and e-mail anytime by e-mailing to developer@thirdai.co.in or contacting our Grievance Officer. However, this may limit the extent of Application Services that you can avail
28.General Provisions:
  • 28.1.Notice: All notices from the Company will be served by email to Your registered email address or by general notification on the Application. Any notice provided to the Company pursuant to the Terms of Use should be sent to our Grievance Officer with subject line – Attention: TERMS OF USE.
  • 28.2.Assignment: You cannot assign, or otherwise, transfer the Terms of Use, or any rights granted hereunder to any third-party. The Company’s rights under the Terms of Use are freely transferable by the Company to any third-party without the requirement of seeking Your consent.
  • 28.3.Severability: If, for any reason, a court of competent jurisdiction finds any provision of the Terms of Use, or any portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect.
  • 28.4.Waiver: Any failure by the Company to enforce or exercise any provision of the Terms of Use, or any related right, shall not constitute a waiver by the Company of that provision or right.
29.Your IP Infringement:

If You believe the Application or any of the Application Services violates Your Intellectual Property, You must promptly notify the Company in writing at [●] These notifications should only be submitted by the owner of the intellectual property or an agent authorized to act on his/her behalf. However, any false claim by You may result in the termination of Your access to the Application. You are required to provide the following details in our notice:

  • 29.1.the intellectual property that You believe is being infringed;
  • 29.2.the item that You think is infringing and include sufficient information about where the material is located on the Application;
  • 29.3.a statement that You believe in good faith that the item You have identified as infringing is not authorized by the intellectual property owner, its agent, or the law to be used in connection with the Application;
  • 29.4.Your contact details, such as Your address, telephone number, and/or email;
  • 29.5.a statement that the information You provided in Your notice is accurate, and that You are the intellectual property owner or an agent authorized to act on behalf of the intellectual property owner whose intellectual property is being infringed; and
  • 29.6.Your physical or electronic signature.
30.Disclaimer of Warranties & Liability of the Application:

You expressly understand and agree that, to the maximum extent permitted by applicable law:

  • 30.1.The Application and its services, and/or any other content are provided by the Company on an “as is” basis without warranty of any kind, express, implied, statutory, or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, the Company makes no warranty that:
    • 30.1.1.the Application or the Application Services or the content will meet Your requirements or Your use of the Application or the Application Services will be uninterrupted, timely, secure or error-free;
    • 30.1.2.the results that may be obtained from the use of the Application, or Application Services will be effective, accurate or reliable;
    • 30.1.3.the quality of the Application or Application Services or content will meet Your expectations; or
    • 30.1.4.any errors or defects in the Application or Application Services or content will be corrected.
  • 30.2.No advice or information, whether oral or written, obtained by You from the Company or through use of the Application Services shall create any warranty not expressly stated in the Terms of Use;
  • 30.3.The Company will have no liability related to any user content arising under Intellectual Property Rights, libel, privacy, publicity, obscenity or other laws. The Company also disclaims all liability with respect to the misuse, loss, modification or unavailability of any user content;
  • 30.4.The Company will not be liable for any loss that You may incur as a consequence of unauthorized use of Your Account or Account information in connection with the Application or Application Services, either with or without your knowledge;
  • 30.5.The Company has endeavored to ensure that all the information on the Application is correct, but the Company neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, or Application Services;
  • 30.6.The Company shall not be responsible for the delay or inability to use the Application or related functionalities, the provision of or failure to provide functionalities, or for any information, software, functionalities and related graphics obtained through the Application, or otherwise, arising out of the use of the Application, whether based on contract, tort, negligence, strict liability, or otherwise;
  • 30.7.Further, the Company shall not be held responsible for non-availability of the Application during periodic maintenance operations or any unplanned suspension of access to the Application that may occur due to downtime resulting from technical reasons, or for any reason beyond the Company’s control;
  • 30.8.You understand and agree that any material or data or content downloaded, or otherwise, obtained through the Application is done entirely at Your own discretion and risk, and that You will be solely responsible for any damage to Your computer systems or loss of data that results from the download of such material or data; and/or
  • 30.9.The Company has implemented requisite market practices and security policies, rules and technical measures to protect the personal data that it has under its control from unauthorised access, improper use or disclosure, unauthorised modification and unlawful destruction or accidental loss. However, for any data loss or theft due to unauthorized access to Your electronic devices through which You avail the Services, the Company shall not be held liable for any loss whatsoever incurred by You.
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