Privacy & Policy
The domain name www.healthabhi.com (hereinafter referred to as “Website”) is owned by
HealthAbhi, a firm incorporated under the Companies Act, 2013 also known as Healthabhi
Medical Services Pvt. Ltd. having its registered office at H-257, We Work, Vaswani Chambers,
2nd floor,264-265 Dr Annie Besant Road, Municipal Colony, Worli Shivaji Nagar, Mumbai-
400030 through its Authorised Representative Dr. Pradeep Chaudhry.
HealthAbhi provides its services to you subject to the notices, terms, and conditions set forth in
this agreement (hereinafter referred to as the “Terms”). In addition, when you use any
www.healthabhi.com service, you will be subject to the rules, guidelines, policies, terms,
conditions and documents applicable to such service, and they are incorporated into these Terms
by this reference.
For the purpose of these terms of use, wherever the context so requires “you”, “yourself”,
“client” or “user” or similar terminology are all in use in reference to the individual user
of this Website. The terms “we”, “us”, “our”, “ours” shall refer to HealthAbhi
HealthAbhi provides its services to you subject to the notices, terms, and conditions set
forth in this agreement (hereinafter referred to as the “Terms”). In addition, when you use
any www.healthabhi.com service, you will be subject to the rules, guidelines, policies,
terms, conditions and documents applicable to such service, and they are incorporated
into these Terms by this reference.
By mere use of the Website, you shall be contracting with HealthAbhi and these Terms
including the policies represent a binding contract between you and us. Therefore, you should
read these Terms carefully before you start to use the Services. HealthAbhi retains the right to
deny access to anyone who we believe has violated any of these Terms.
ACCESSING, BROWSING OR OTHERWISE USING THIS WEBSITE INDICATES
YOUR AGREEMENT TO THESE TERMS, SO YOU ARE ADVISED TO READ THIS
AGREEMENT CAREFULLY BEFORE PROCEEDING.
1. CHANGES TO THESE TERMS
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We reserve the unilateral right to revise these Terms from time to time and at
any time without providing any intimation to you and in our sole discretion.
We will post the new version of these Terms or any policies on this Website and any change or modification to these Terms shall be effective immediately
from the date of such upload of the revised Terms on the Website. Your
continued use of the Website following the modifications to the Terms and
policies constitutes your acceptance of the modified terms and conditions
whether or not you have read them and shall be binding on you. For this
reason, you are advised to frequently review these Terms, and other policies.
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The Services may change from time to time, at the sole discretion of HealthAbhi,
and the Agreement will apply to your visit to and your use of the Website to avail
the Service, as well as to all information provided by you on the Website at any
given point in time.
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You hereby and irrevocably acknowledge and accept all terms and conditions as
set forth in this Agreement by downloading or accessing the Application for the
purpose of using the Services, and further agree to abide by these terms and
conditions without exception. Any prior agreements, terms, and conditions (if
any) that may have been communicated to you verbally or in writing have been
superseded by this Agreement. It is expressly understood that you acknowledge
and agree to the terms and conditions set forth in this Agreement when using any
Service.
2. CHANGES IN WEBSITE
In order to optimise and improve your experience, we may update the
Website from time to time, and may change the content, display or form at
any time without prior notice. We do not guarantee that the Website, or any
content provided or displayed on it, will be free from errors or omissions.
Further, we are under no obligation to update the Website or any of the
content provided on it.
We reserve the right to modify or terminate any portion of the Agreement for any
reason and at any time, and such modifications shall be informed to you in writing
You should read the Agreement at regular intervals.Your access to use of the
Website and the Services will be solely at the discretion of HealthAbhi If you do
not accept any terms or conditions please avoid using the website or services. The
Agreement is published in compliance of, and is governed by the provisions of
Indian law, including but not limited to:
the Indian Contract Act, 1872,
the (Indian) Information Technology Act, 2000, and
the rules, regulations, guidelines and clarifications framed there under,
including the (Indian) Information Technology (Reasonable Security
Practices and Procedures and Sensitive Personal Information) Rules, 2011
(the “SPI Rules”), and the (Indian) Information Technology
(Intermediaries Guidelines) Rules, 2011 (the “IG Rules”).
By using the Website you grant us a worldwide, perpetual, unrestricted,
royalty free licence to use, reproduce, distribute, modify, adapt, create
derivative works, make publicly available, and otherwise exploit User
Content, but only for the limited purposes of providing the services to you
and as otherwise permitted by our privacy policies. This licence continues
even after you stop using our Website. You acknowledge that this licence
includes the right for us to make User Content available to other users of
the Website, who may use User Content subject to these Terms.
3. ELIGIBILITY
You must be 18 years of age or older to register, use the Services, or visit or use
the Website in any manner. By registering, visiting and using the Website or
accepting this Agreement, you represent and warrant to HealthAbhi that you are
18 years of age or older, and that you have the right, authority and capacity to use
the Website and the Services available through the Website, and agree to and
abide by this Agreement.
If you are accessing, browsing, and using the Website or availing the services on
someone else’s behalf, you represent that you have the authority to bind that
person to all the terms and conditions herein. In the event that the person refuses
to be bound as the principal to these Terms, you agree to accept liability for any
harm caused by any wrongful use of the Website resulting from such access or use
of the Website in whatsoever nature.
4. REGISTRATION AND INFORMATION
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In order to use the Website and avail the services, you are required to sign up by
creating an account. The account information will not be used for any other
purpose except with your prior consent. You must read, agree with and accept all
of the terms and conditions contained in these Terms, including the Privacy
Policy. You will be responsible for maintaining confidentiality of your account,
password, and restricting access to your computer, and you hereby accept
responsibility for all activities that occur under your account and password.
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During the registration process you are also required to submit your personal or
sensitive information governed under SPI Rules, 2011, which may include
information relating to your health, name, age, gender, mobile device, mobile
number, location etc. You agree that the information provided by you upon
registration and at all times thereafter will be true, accurate, current, and
complete. You agree to maintain and update this information to keep it true,
accurate and complete at all times while using the Website and availing the
services. You also acknowledge that the information you provide, in any manner
whatsoever, is not confidential or proprietary and does not infringe any rights of a third party in whatsoever nature.
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If you know or have reason to believe that the security of your account has been
breached, you should contact us immediately at the ‘Contact Information’
provided on the Website. If we have found a breach or suspected breach of the
security of your account, we may require you to change your password,
temporarily or permanently block or suspend your account without any liability to
HealthAbhi.
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Prohibited Uses. You shall not use the Website for any illegal, unlawful,
unauthorised or prohibited purposes (“Prohibited Uses”) nor may you, in the use
of the Website, violate any laws in your jurisdiction (including but not limited to
copyright or trademark laws). You will comply with all applicable laws, rules and
regulations in your use of the Website. In the event you use the Website for any
Prohibited Uses, we reserve the right to immediately and without notice,
suspend/delete your account and ban you from accessing the Website in future.
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We reserve the right to refuse service and/or terminate accounts without prior
notice if these Terms are violated or if we decide, in our sole discretion, that it
would be in HealthAbhi’s best interests to do so. You are solely responsible for all
contents that you upload, post, email or otherwise transmit via the Website. The
information provided to us shall be maintained by us in accordance with our
Privacy Policy
5. USER CONTENT
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You retain ownership and sole responsibility for any text, messages, chat
communications, billboard postings, software, photos, drawings, graphics,
profiles, opinions, ideas, images, videos, audio files or other materials or
information posted, uploaded, emailed, transmitted or otherwise made available to
the Website by you (collectively “User Content”). Therefore, you are responsible
for User Content and you must ensure that you have all the rights and permissions
needed to use User Content on the Website.
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By using the Website you grant us a worldwide, perpetual, unrestricted, royalty
free licence to use, reproduce, distribute, modify, adapt, create derivative works,
make publicly available, and otherwise exploit User Content, but only for the
limited purposes of providing the services to you and as otherwise permitted by
our privacy policies. This licence continues even after you stop using our Website.
You acknowledge that this licence includes the right for us to make User Content
available to other users of the Website, who may use User Content subject to these
Terms.
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You can remove your content by deleting it, however in certain circumstances
User Content may not be completely removed, and copies of User Content may
continue to exist on the Website. We are not responsible or liable for the removal
or deletion of (or failure to remove or delete) any of User Content.
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HealthAbhi does not endorse or control the User Content transmitted or posted on
the Website and therefore, accuracy, integrity or quality of User Content is not
guaranteed by HealthAbhi. You understand that by using the Website, you may be
exposed to User Content that is offensive, indecent or objectionable to you. Under
no circumstances will HealthAbhi be liable in any manner whatsoever for any
User Content, including without limitation, for any errors or omissions in any
User Content, or for any loss or damage of any kind incurred by you as a result of
the use of any User Content. You hereby waive all rights to any claims against
HealthAbhi for any alleged or actual infringements of any proprietary rights,
rights of privacy and publicity, moral rights, and rights of attribution in
connection with User Content.
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You hereby acknowledge that HealthAbhi has the right, but not the obligation, in
its sole discretion to refuse to post or to remove any User Content and further
reserves the right to change, condense, or delete any User Content.
6. BOOKING AND END-USER SERVICES
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From time to time, in their sole and complete discretion, Users will post
Bookings on the Platform to several practitioners, setting out the nature of the
Services required (the “Bookings”).
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Upon your acceptance of a booking request, you agree to promptly and
without undue delay respond to the end-user who submitted the booking
request. You are entitled to either accept or reject a Booking Request
within a specified timeframe, as clearly stated in the Notification. In
accordance with the terms and conditions outlined in the agreement, it is
hereby stated that the initial reply from any qualified Practitioner in
response to a specific Booking Request may result in the automatic
nullification of all subsequent replies from other Practitioners. This will
result in the Practitioner whose response was the earliest, based solely on
the practitioner's request by the End-User and provided that the first
Practitioner responded within the designated time frame, being granted
the appointment.
HealthAbhi does not guarantee any minimum number of Bookings will be
available to Service Providers at any point during the term of this Agreement.
It is agreed that you shall exercise due diligence in perusing the
remarks, publications, appeals, and inquiries made by End-Users,
and endeavour to provide expeditious, lucid, and amicable
responses thereto. Please refrain from using language that is
abusive or profane. Please be advised that it is recommended to
solely acknowledge a Booking Request if you possess the capability
to promptly address it. Please be advised to make all reasonable
efforts to provide prompt notification if you do not intend to
respond to a Booking Request.
It is incumbent upon every Practitioner to duly acknowledge and
abide by all Booking Requests that have been accepted by them
through the Platform. It is imperative that the End-User adheres to
the requirement of meeting the identical Practitioner with whom
the Booking Request has been validated, and under the identical
terms (time, place, price, etc.) as confirmed. It is advised that both
parties involved in an appointment, namely the Practitioner and
the End User, engage in communication regarding any anticipated
delay or cancellation of the appointment, to the extent feasible, at
least 3 (three) hours before the scheduled appointment time.
Pursuant to the foregoing, it is duly noted that you, the user,
acknowledge and affirm that HealthAbhi extends two forms of
leniency to end users. :
It is agreed that to conclude the patient's process, the
service provider must finalise it by uploading the bill onto
the portal and registering the patient with HealthAbhi
Please be advised that End-Users have the right to submit
Reviews of You or other health care service providers to the
Company at Feedback@healthabhi.com. The contents of
such Reviews shall be owned by the Company and/or the
End-User. The Company may, at its discretion, choose to
publish such Reviews or portions thereof on the Platform
for access by other End-Users. It is important to note that
the Company is not responsible for the contents of Reviews
and is under no obligation to pre-screen, review, flag, filter,
modify, refuse, or remove any or all content from Reviews,
except as required by applicable law. Furthermore, it is
possible that by using the Platform, you may be exposed to
content of Reviews that you may find offensive or
objectionable. Please note that the Company shall not be
held liable for any negative impact that Reviews may have
on your goodwill, reputation, or business.
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Once a Booking is booked, a contract is formed directly between the User and
Business for Business to complete the Booking on the terms of the Services
Agreement. Business agrees that Business’s name, E-mail Id and phone
number may be provided or made available to User by or on behalf of after
the Booking is booked.
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Business shall be eligible to book Bookings through the HealthAbhi Platform
requesting any Services that Business is fully-licensed (to the extent required
by applicable law) and qualified to provide as indicated by Business in
HealthAbhi Platform.
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To ensure that the HealthAbhi Platform remains a reliable source of referrals
and to ensure all qualified Businesses are able to access available Bookings,
once Business has been awarded the Booking, Business is contractually
obligated to complete the Booking at the Scheduled Time specified by, and to
the satisfaction of, the User. Business may reschedule a Booking without
Business incurring a fee, provided the Booking is rescheduled more than 48
hours prior to the Scheduled Time. If User and Business agree to reschedule,
Business agrees to notify HealthAbhi as promptly as possible so that
HealthAbhi may make that Booking available to other Businesses. In the event
that the User declines to reschedule, HealthAbhi shall have the right to make
the Booking available to other Businesses via the HealthAbhi Platform.
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Business understands and agrees that Business’s failure to complete a Booking
in accordance with User’s specifications after he or she has booked that
Booking using the Platform constitutes a material breach of this Agreement
and could result in a fee being charged to Business as advised by HealthAbhi
from time to time.
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HealthAbhi shall not control or have any right to control the manner or means
by which Business performs the Services, including but not limited to the time
and place Business performs the Services, the Bookings Business selects, the
tools and materials used by Business to complete the Bookings, the helpers,
assistants, subcontractors or other personnel (if any) (the “Personnel'') used by
Business to assist in completing Bookings, or the manner in which Business
completes the Bookings. HealthAbhi will not and has no right to, under any
circumstances, inspect Business’s work for quality purposes. Those provisions
of the Agreement reserving ultimate authority in HealthAbhi have been
inserted solely to achieve compliance with applicable laws, regulations, and
interpretations of these.
7. TERMS OF CONSULTATION AND FEE PAYMENT
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By replying to the health-related questions that Patients post on their Health
Accounts using the specialised software that HealthAbhi provides or enables
the to Practitioners/Health Service Providers to communicate with Patients.
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The Patient may submit inquiries on their Health Accounts, and such
inquiries will only be forwarded to the selected
Practitioner/Hospital/Health Service Provider.
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Practitioners and other Health Service Providers undertake not to use
language that could be seen as abusive, offensive, or insulting to the
Patient or to people in general while responding in writing to a patient's
inquiry that counts as the performance of his or her services.
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The Practitioner/Service Providers and HealthAbhi shall not be held
responsible or liable for such charge in the event that the Practitioner
reveals as part of his response the pre-consultation fee payable for the
advice obtained through the private question.
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HealthAbhi maintains the right to alter the conditions of payment
whenever they see fit. By continuing to use the services and Doctor
App, the Practitioner is indicating his or her agreement with the
amendment.
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By signing this agreement, the Service Provider acknowledges that it
will only use the website or Application for the purposes outlined in
these Terms of Use and will not use it for any unauthorised or illegal
purposes, including impersonating others.
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In the event that the Service Provider violates any terms and conditions
of these terms of use, our privacy statement, or any relevant laws,
HealthAbhi retains the right to terminate any account of the service
provider;
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Information sent to HealthAbhi by a Practitioner or any Service
Provider cannot be verified or authenticated;
HealthAbhi, in its sole and absolute discretion, deems that the
Practitioner's activities may expose HealthAbhi or other
Practitioners to legal liability and/or may negatively impact the
services provided by HealthAbhi.
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The Service Provider hereby agrees that only he/she shall be permitted to
perform the services for any Patient who contacts the Practitioner using
HealthAbhi and that the Practitioner shall not be permitted to transfer the
performance of the Practitioner's Services to any other person, whether or not
such person is under their supervision. The Practitioner hereby agrees to hold
HealthAbhi harmless from any claim or loss that HealthAbhi may incur as aresult of such use and accepts full responsibility and liability for the use of
HealthAbhi, including the performance of its services, by any other party
claiming to be the Practitioner
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By signing this agreement, the health service provider pledges to treat all
patient information with the utmost confidentiality. The practitioner
acknowledges that he or she will not reveal to anyone else any information or
documentation given by a patient, nor will he or she permit anyone else to get
such information or documentation through any act or omission. Without the
patient's permission, the practitioner may not divulge any confidential
information about the patient. In no event shall HealthAbhi be held
accountable for any such disclosure.The practitioner commits to using his or
her best efforts, skill, and capacity to provide his or her services and satisfy
their duties to their patients.
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Any message delivered to the Practitioner or service providers by or via
HealthAbhi is exclusively based on data that the Patient has uploaded.
HealthAbhi disclaims all liability for any inaccuracies or incompleteness in the
information provided, even if an unintended receiver receives a
communication as a result.
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In the event of any breach, default, contravention, nonobservance,
nonperformance, or improper performance of any of its obligations or the
terms, conditions, covenants, or provisions contained in this Terms of Use,
Practitioner shall indemnify and hold HealthAbhi harmless from and against
all actions, claims, damages, losses, and expenses, including court costs and
reasonable attorneys' fees.
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HealthAbhi will not be held liable for any act, including but not limited to,
data loss, service interruptions, practitioner discomfort, virus and hacking
attacks, application maintenance, application upgrades, or any other act that
may result from a Force Majeure.
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Practitioners are also prohibited from compromising the security or integrity of
the Application or any HealthAbhi Content by any means
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providing any information on or through the Application that is
disruptive to or competitive with HealthAbhi's provision of Services,
including job postings, communications, and hyperlinks;
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purposefully providing any incomplete, incorrect, or inaccurate
information on the application;
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sending any unsolicited messages to other professionals;
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utilising any navigation or search technology (including but not limited
to spiders, robots, avatars, or intelligent agents) to navigate through or
search the Application;
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attempting to reverse engineer, interpret, decompile, or disassemble
any component of the Application
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ny kind of copying or duplication of information available through the
Application including content;
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framing or hot linking or deep linking of any Content.
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Sending any message that falls under the definition of "spam," which includes
but is not limited to
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internet-based communications that are irrelevant or unwelcome and
are often delivered to a large number of Practitioners for marketing,
phishing, malware distribution, etc.
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Sending the same or similar message indiscriminately in response to
any item that has been flagged as spam by its recipient is considered
unwanted or invasive advertising on the application.
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Please note that some of the content, text, data, graphics, images, information,
suggestions, guidance, and other material (collectively, “Information”) that
may be available on the Website (including information provided in direct
response to your questions or postings) may be provided by individuals in the
medical profession. The provision of such Information does not create a
licensed medical professional/patient relationship, between HealthAbhi and
you and does not constitute an opinion, medical advice, or diagnosis or
treatment of any particular condition, but is only provided to assist you with
locating appropriate medical care from a qualified practitioner.
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It is hereby expressly clarified that, the Information that you obtain or receive
from HealthAbhi, 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.
8. LIMITATION OF LIABILITY
HealthAbhi, or any of its directors, officers, employees, agents, or content or
service providers (collectively, the "Protected Entities"), shall not be liable for
any direct, indirect, special, incidental, consequential, exemplary, or punitive
damages resulting from, or directly or indirectly related to, the use of, or the
inability to use, the Application or the content, materials, and functions related
thereto, the Services. This exclusion applies even if HealthAbhi was negligent
The Protected Entities are never responsible for any content posted,
transmitted, exchanged, or received by or on behalf of any Patients or other
person on or through the Application; any unauthorised access to or alteration
of your transmissions or data; or any other issue relating to the Application or
the Service. The provision of all or any services by Practitioners to
End-Practitioners contacted or managed through the Application; any content
posted, transmitted, exchanged, or received by or on behalf of any Patients or
other person.
The Protected Entities' total cumulative liability to a Practitioner for all losses,
damages, and causes of action (whether in contract or tort, including, but not
limited to, negligence or otherwise) resulting from this Agreement or a
Practitioner's use of the Application or the Services shall in no event exceed
Rs. 1000/- (Rupees One Thousand Only).
The utilisation of the website and/or the platform is exclusively at your own
peril. It is hereby stated that no liability shall be assumed by us for any
damages resulting from or arising out of the services and/or advice provided
by you to users. This includes but is not limited to, any damages, loss, or costs
suffered by the company and/or a user to whom you offered/provided your
services. Furthermore, we shall not be held liable for any damage caused to
you by any of the users, regardless of whether we or an authorised
representative of ours has been advised of the possibility of such damages.
Please be advised that by using the website and/or platform, you are hereby
releasing us from any liability for any damage that may be caused to you. This
includes but is not limited to, any damages that may be caused to you due to a
claim or demand by a user to whom you offered/provided your services. It is
important to note that liability for damages shall be limited to the amount of
fees actually paid by you to the company over the six (6) month period
preceding the cause of liability, except where liability is mandatory.
Please be advised that neither the COMPANY nor its officers, directors, employees,
agents, or shareholders shall, under any circumstances, be held liable to you for any
damages that are indirect, incidental, consequential, special, punitive, or exemplary in
nature. This includes but is not limited to, any loss of revenue and/or profits that may
arise in connection with the offering or provision of your services to the users.
9. RECOVERY OF PRACTITIONER’S DATA
It is hereby stated that in the event of the service provider’s request made
within 30 (thirty) days subsequent to the effective date of termination of a
Subscription Services subscription due to non-payment or any other reason
deemed detrimental to the image of "HealthAbhi," "HealthAbhi" shall provide
the Practitioner with the option to download a copy of their data in either pdf
format or any other format as determined by "HealthAbhi." Upon the
expiration of the aforementioned thirty-day period, "HealthAbhi" shall not be
held responsible for the maintenance or provision of any data pertaining to the
aforementioned practitioner. Furthermore, unless legally restricted,
"HealthAbhi" shall proceed to expunge all data related to the practitioner from
its systems or any other location under its possession or control. In the event
that the Practitioner chooses to terminate the subscription, it shall be
incumbent upon said service provider to ensure the preservation of their data
by creating a copy thereof prior to the termination of the subscription. In the
event of subscription termination, it is hereby stated that practitioner data shall
not be accessible.
It is hereby stated that "HealthAbhi" shall not be held liable for any obligation
or responsibility towards the the service provider with regards to the speed of
the internet, availability of Wifi facility, or the use of 3G or 4G services in
relation to the use of the application by the Provider. It is hereby stated that in
the event of any loss of data, communication, or other related issues arising
from a default in internet services, as previously mentioned, the service
provider shall bear full responsibility. It is further clarified that "HealthAbhi"
shall not be held accountable for any such occurrences
"HealthAbhi" hereby disclaims any liability pertaining to the fees imposed by
the service provider with regard to Internet data usage and the expenses borne
by the Practitioner for utilising the application via the Internet. It is hereby
stipulated that the onus of ensuring the provision of satisfactory service lies
solely with the service provider, and "HealthAbhi" shall not bear any liability
for any complaints or grievances arising from the service provided by the
service provider.
10. TERMINATION
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These Terms are effective unless and until terminated by either you or
HealthAbhi.
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You agree that HealthAbhi, in its sole discretion, for any or no reason, and
without penalty or notice, may suspend or terminate your account (or any part
thereof) or your use of the Website at any time
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You agree that any termination of your access to the Website or any account you
may have or portion thereof may be without prior notice, and you agree that
HealthAbhi will not be liable to you.
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Any suspected fraudulent, abusive or illegal activity may be referred to
appropriate law enforcement authorities. These remedies are in addition to any
other remedies that HealthAbhi may have at law or in equity.
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Upon termination for any reason of the Terms by either you or HealthAbhi you
must promptly destroy all materials downloaded or otherwise obtained from this
Website, as well as all copies of such materials, whether made under the Terms of
Use or otherwise. Any such termination of these Terms shall not cancel your
obligation to pay for the service already applied from the Website or affect any
liability that may have arisen under these Terms.
11. DISCLAIMER OR WARRANTY AND LIMITATION OF LIABILITY
The Website is presented “as is” and “as available” basis without any warranty or
condition, express, implied or statutory. Neither we nor our affiliates, partners,
directors, employers, agents, licensors or suppliers make any representations or
warranties of any kind whatsoever, express or implied, in connection with these
terms and conditions or this Website or any of the content, including but not
limited to warranties of merchantability, non-infringement or fitness for a
particular purpose, except to the extent such representations and warranties are
not legally excludable.
You agree that in no event will HealthAbhi or its affiliates, directors, employees,
agents, licensors, partners, suppliers be liable to you for any special, indirect,
incidental, consequential, punitive, reliance, or exemplary damages (including
without limitation lost business opportunities, lost revenues, or loss of anticipated
profits or any other pecuniary or non-pecuniary loss or damage of any nature
whatsoever) arising out of or relating to:
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these Terms;
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the Website; or
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your use or inability to use the Website
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In no event will HealthAbhi or any of its contractors, directors, employees,
agents, third party partners, licensors or practitioner’s total liability to you for all
damages, liabilities, losses, and causes of action arising out of or relating to:
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these Terms;
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the Website;
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your use or inability to use the Website; or
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any other interactions with HealthAbhi howsoever caused and whether
arising in contract, tort including negligence, warranty or otherwise,
exceed the amount paid by you, if any, for using the portion of the
Services or Website.
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In no event will HealthAbhi or any of its contractors, directors, employees,
agents, third party partners, licensors or suppliers be liable to you for any losses,
damage, liabilities, and causes of action arising out of any act, omission or
negligence to which you contributed.
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HealthAbhi does not warrant that the access or usage of the Website will be
uninterrupted, timely, secure, or error-free.
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HealthAbhi does not warrant that the results that may be obtained from the use of
the Website will be accurate or reliable.
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You agree that no claims or action arising out of, or related to, the use of the
Website or these Terms may be brought by you more than 1 (one) year after the
cause of action relating to such claim or action arose. If you have a dispute with
us or are dissatisfied with the Website, termination of your use of the Website is
your sole remedy. We have no other obligation, liability, or responsibility to you.
12. INDEMNIFICATION
You agree to defend indemnify and hold HealthAbhi and its affiliates, contractors,
employees, officers, directors, agents and third party partners harmless from any and all
claims, losses, damages, liabilities, costs and expenses, including without limitation, legal
fees and expenses, caused by or arising out of claims based upon your actions or
inactions or related to your use or misuse of the Website, any violation of these Terms or
any of the covenants made by you herein, which may result in any loss or liability to
HealthAbhi or any third party
13. INTELLECTUAL PROPERTY RIGHTS
All material and content on the Website, including images, illustrations, text, graphics,
logos, button icons, images, audio clips, digital downloads, data compilations and
software, is our property, or the property of our affiliates or content suppliers, and is
protected by Indian and international intellectual property law, including copyright,
authors’ rights, database rights laws, trademarks, and other intellectual property rights
that are owned and controlled by us or by other parties that have licensed their material to
us. The compilation of all content on Website is our exclusive property, and is protected
by laws of India and international copyright and database right laws. All software used on
Website is also our exclusive property, or the property of our affiliates or software
suppliers, and is protected by Indian and international copyright, authors’ rights law and
other intellectual property rights. You hereby agree to not copy, reproduce, republish,
upload, post, transmit or distribute such material in any way, including by e-mail or other
electronic means whether directly or indirectly and you must not assist any other person
to do so. Without the prior written consent of the owner, modification of the materials,
use of the materials on any other web site or use of the materials for any purpose other
than personal, non-commercial use is a violation of the copyrights, trademarks and other
proprietary rights, and is prohibited.
14. LICENCE TO USE WEBSITE
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We grant you a limited licence to access and make personal use of the Website,
but not to modify it, or any portion of it, except with our written consent. This
licence does not include any resale or commercial use of the Website or its
contents; any derivative use of the Website or its contents; any downloading or
copying of account information for the benefit of another user, or any use of data
mining, robots or similar data gathering and extraction tools.
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Website or any portion thereof (including but not limited to any copyrighted
material, trademarks, or other proprietary information) may not be reproduced,
duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any
commercial purpose without our express written consent.
15. PRIVACY POLICY :
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We respect your privacy and we are committed to protecting your personal
information. In general, you can visit our website without identifying yourself or
providing personal information. There are times when we may need personal
information from you and this Privacy policy describes the information we collect
from you and how we may use it.
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The Privacy Policy contains the exact verbiage of the terms "personal
information" and "sensitive personal data or information." Personal Information
means any information that may be used to identify an individual. This includes
but is not limited to: first and last name, email address, mailing and residential
address, telephone number, title, birth date, gender, occupation, company you
work for and other information needed to provide a service you have requested.
The Application/Website allows us to have access to
registered Practitioners’ personal email or phone number, for
communication purposes so as to provide you a better way of
security, providing notifications, for obtaining feedback in
relation to the services provided by us on the
application/website.
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The terms “personal information” and “sensitive personal data or information” are
defined under the SPI Rules, and are reproduced in the Privacy Policy.
HealthAbhi 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 HealthAbhi’s
services and to build new services.
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When we collect personal information from you such information will only be
used for business purposes, such as, to respond to requests for products,
documentation, and services, to process an order, to conduct a transaction, to
correspond, to enable a subscription or event registration or send direct marketing
information and perform market research. We will also use your information to
personalise the content you view and to better understand how you use the
website in order to improve the services this website provides.
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In general, assumes that you have given permission to collect and use your
personal information in accordance with your acceptance of the Terms of Use, of
which this Privacy Statement is a part. You have the right to request that they not
contact you for the purposes of sending you newsletters, customer surveys, direct
marketing, or market research information.
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We implement a variety of security measures to maintain the safety of your
personal information when you place an order. These security measures include:
password protected directories and databases to safeguard your information, SSL
(Secure Sockets Layered) technology to ensure that your information is fully
encrypted and sent across the Internet securely or PCI Scanning to actively protect
our servers from hackers and other vulnerabilities.
We offer the use of a secure server. All supplied sensitive/credit information is
transmitted via Secure Socket Layer (SSL) technology and then encrypted into
our Payment gateway providers database only to be accessible by those authorised
with special access rights to such systems, and are required to keep the
information confidential.
After a transaction, your private information (credit cards, social security
numbers, financials, etc.) will not be stored on our servers.
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The Privacy Policy stipulates that "HealthAbhi" shall not assume any
responsibility for the genuineness of the personal information or sensitive
personal data or information provided by the Practitioner to "HealthAbhi" or to
any other individual acting on behalf of "HealthAbhi".
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It is the responsibility of the Practitioner and other Health Service Providers to
uphold the confidentiality of their account access information and password, in
the event that they are registered on the Application. It is the responsibility of the
Practitioner and other Health Service Providers to ensure that all usage of their
account and password, regardless of authorization, is accounted for. It is hereby
stipulated that the Practitioner and other Service Providers is obligated to
promptly inform "HealthAbhi" in the event of any confirmed or suspected
instances of unsanctioned utilisation of the Practitioner's or other service
providers account or password. Whilst it is true that "HealthAbhi" shall not be
held accountable for any losses incurred as a result of any unauthorised access to
your account, it is imperative to note that you may be held liable for any losses
incurred by "HealthAbhi" or any other parties as a result of such unauthorised
access.
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In the event that a Practitioner or any other health Service Provider furnishes
any information that is false, erroneous, outdated, or incomplete (or
subsequently becomes false, erroneous, outdated, or incomplete), or if
"HealthAbhi'' has reasonable cause to believe that such information is false,
erroneous, outdated, or incomplete, "HealthAbhi" retains the authority to
terminate the Services provided to the Practitioner and other service
providers at its sole discretion. HealthAbhi shall be entitled to utilise the
aforementioned data obtained from the Practitioners and other service
providers periodically, exclusively for the resolution of customer support
matters pertaining to debugging. It is hereby stipulated that the Practitioner
and other service providers shall only establish accounts on the application
subsequent to accepting the terms and conditions of this agreement. Such
accounts shall be established only once. The information provided is
presented in its current state and "HealthAbhi'' does not authenticate said
information nor make any assertions in relation to it. It is advised that you
make contact with the appropriate Practitioner/Paramedic/Health Service
Providers should you desire to bring attention to any inconsistencies or make
any alterations, omissions, or amendments to the information in any way.
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It is hereby stated that although "HealthAbhi" endeavours to uphold the
utmost standards of service availability, any hindrance that may impede your
access to the Services shall not render "HealthAbhi" accountable.
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The Notifications offered by HealthAbhi serve as a supplementary means of
reminding the user of the latest updates on the Application or renewed news
feeds that may be updated. It is hereby stated that "HealthAbhi" shall not be
held liable in the event that Notifications fail to reach you or are delivered
belatedly or inaccurately, notwithstanding the diligent efforts of
"HealthAbhi". Should you choose to opt out of receiving the Notifications,
kindly forward an electronic mail to _______________________________________.
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It is incumbent upon you to ensure the accuracy of your mobile number and
email ID as recorded in your Practitioner Account. The notifications and
updates shall be dispatched to the account linked with the aforementioned
mobile number and/or electronic mail identification. Upon each alteration of
any contact information, whether it be mobile or email, a confirmation shall
be dispatched. It is hereby stated that "HealthAbhi" shall not be held liable for
any damages or inconvenience arising from the failure to update your contact
information for the Practitioner Account.
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“The platform known as "HealthAbhi" employs security measures and
encryption techniques that are consistent with those utilised by the industry
to safeguard your Practitioner Account. Notwithstanding, it is important to
note that "HealthAbhi" cannot guarantee the prevention of unauthorised
access in the event of loss or compromise of login credentials. Kindly ensure
the protection of your login credentials and promptly notify healthabhi.com
in the event of any actual or suspected breach of your account.
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In the event that you register your dependents with your own Practitioner or
other Health Service Providers Account and subsequently access their
account, it shall be deemed that you are accountable for the maintenance of
your dependents' records and all associated obligations that would have
otherwise been incumbent upon them had they maintained their own
individual Practitioner Accounts.
16. CANCELLATIONS, REFUNDS AND RETURNS
The user has the option to cancel the booking at any time, and the refunded amount
will be withdrawn from the service provider. This refund will appear in their
account within three days (T+3), and the final refund, after deducting payment
gateway charges, will be processed within five days (T+5). It is advised that both
parties involved in an appointment, namely the Practitioner and the End User,
engage in communication regarding any anticipated delay or cancellation of the
appointment, to the extent feasible, at least 3 (three) hours before the scheduled
appointment time. In the event that an End User submits a Booking Request beyond
the 3-hour cancellation window, but the Practitioner subsequently confirms the
Booking Request within the said window, the End User shall be granted a grace
period (defaulting to 10 minutes) to cancel the Booking Request, provided that the
cancellation occurs no less than the minimum period before the scheduled
appointment (defaulting to 30 minutes).
17. GOVERNING LAW AND JURISDICTION
These Terms are governed by and construed in accordance with the laws of India. You
agree, as we do, to submit to the exclusive jurisdiction of courts in Mumbai
18. REDRESSAL OF GRIEVANCE
HealthAbhi customer service can be contacted at the following email address
admin@healthabhi.com or via the contact information provided from the
following link: www.healthabhi.com if a Practitioner has any questions regarding
HealthAbhi, the Application, this Agreement, the Services, or anything related to
any of the foregoing.
In accordance with the Information Technology Act of 2000 and the rules promulgated
thereunder, you may contact our Grievance Officer at: if you have any complaints
regarding the Application or the service, including any discrepancies and complaints
regarding the processing of information.
Address: Vaswani chambers,worli , Mumbai-30.
Name: DR.PRADEEP CHOUDHARY.
Send admin@healthabhi.com