Swapna Healthcare has launched first of its kind website to its customers. BY ACCESSING OR USING THIS WEBSITE [Swapna Healthcare], YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THIS WEBSITE”. As used in this Agreement, “we,” “us,” “our” and “Swapna Healthcare” means Swapna Healthcare and “you” or “your” shall mean individuals or entities accessing the Swapna Healthcare Platform (defined below).
Swapna Healthcare is engaged in the business of providing various health and wellness services at your convenience through multiple platforms including the Internet, mobile and telephone (“Swapna Healthcare Platform”).
1. Eligibility for use of Swapna Healthcare Platform
This is a legally binding agreement and can only be agreed if you are eligible to enter into a contract as per the applicable Laws. We reserve the right to terminate your membership and / or refuse to provide access to the Swapna Healthcare Platform and services if it is brought to our notice or if it is discovered that you are not eligible.
2. Your Account and Registration Obligations
While using the Swapna Healthcare Platform, you shall maintain confidentiality and secure your details of your account including display name and password. You will be responsible for all the activities that may occur in your name and registered membership. You will be responsible for providing accurate and correct information pertaining to you and you will be responsible for updating the same upon any modification. You should inform us immediately if you know or have any reason to believe that your password has/is being used in an unauthorized manner. We reserve the right to cancel or suspend the membership.
3. End-User Account and Data Privacy (applicable only to Users other than Practitioners)
3.1.2 Swapna Healthcare shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the user to Swapna Healthcare or to any other person acting on behalf of Swapna Healthcare.
3.1.3 The registered user is responsible for maintaining the confidentiality of the user’s account access information and password. The user shall be responsible for all usage on his behalf whether or not authorized by the user. The user shall immediately notify Swapna Healthcare of any actual or suspected unauthorized use of the User’s account. Although Swapna Healthcare will not be liable for your losses caused by any unauthorized use of User’s account, the User shall be liable for the losses caused to Swapna Healthcare or such other parties as the case may be, due to such unauthorized use of User’s account.
3.1.4 If a User provides any information that is untrue, inaccurate, past or incomplete (or becomes untrue, inaccurate, non-existing or incomplete), or Swapna Healthcare has reasonable grounds to suspect that such information is untrue, inaccurate, non-existing or incomplete, Swapna Healthcare has the right to discontinue the Services to the User at its sole discretion.
3.1.5 Swapna Healthcare may use such information collected from the Users from time to time for the purposes of servicing customer related issues.
3.2 Listing Content and Disseminating Information
3.2.1 Swapna Healthcare collects and displays a list along with relevant information regarding the profile of the Medical Practitioners on the Website, such as their specialization, qualification, fees, location, visiting hours etc. Swapna Healthcare takes reasonable efforts to ensure that such information is updated at frequent intervals. Although Swapna Healthcare scrutinises the information and photos provided by the Practitioners, it cannot be held liable for any updates or inaccuracies or incompleteness represented from it, despite such reasonable efforts.
3.2.2 The Services provided by Swapna Healthcare or any of its licensors or service providers are provided on an “as is” and “as available’ basis, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). Swapna Healthcare does not provide or make any representation, warranty or guarantee, express or implied about the services. To the fullest extent permitted by law, Swapna Healthcare disclaims all liability arising out of the User’s use or reliance upon the Services, representations and warranties made by other Users or any opinion or suggestion given or expressed by Swapna Healthcare or any User in relation to any User or services provided by such User.
3.2.3 Swapna Healthcare assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect User’s equipment on account of User’s access to, use of, or browsing the website or the downloading of any material, data, text, images, video content, or audio content.
3.2.4 If Swapna Healthcare determines that you have provided fraudulent, inaccurate, or incomplete information, including through feedback, Swapna Healthcare reserves the right to immediately suspend your access to the website or any of your accounts with Swapna Healthcare for the protection of its business and in the interest of other Users. You shall be liable to indemnify Swapna Healthcare for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected Swapna Healthcare or its Users.
3.3 No Doctor-Patient Relationship; Not for Eemergency use
3.3.1 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 Swapna Healthcare and you and does not constitute an opinion, medical advice, or diagnosis or treatment of any particular condition, but is only provided to assist you with locating appropriate medical care from a qualified practitioner.
3.3.2 It is hereby expressly clarified that, the Information that you obtain or receive from Swapna Healthcare, 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 site. 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.
3.3.3 Payment and Cancellation Policy : Any payments made for the services provided by us through our Website shall be considered received only upon confirmation received from Swapna Healthcare. No claim shall be entertained if the payment is not correctly made and not received by Swapna Healthcare without using the options provided in the Website. Payment once made cannot be adjusted or cancelled without any valid reasons. Cancellation or adjustment of payments or refund shall be at the sole discretion of Swapna Healthcare and the User is not entitled to claim such amounts through any other means.
3.3.4 Disclaimer for our Tele-consultation: The law does not prohibit virtual healthcare/telemedicine. But on reading medical health procedures prescribed under Standard Text Books and the general practices prevalent (the telemedicine/tele-health medical procedures laid down in the developed countries), the general opinion is that the diagnosing the disease, prescribing the diagnostic tests and prescribing medicines is the responsibility of the registered medical practitioner and that should be done on physical examination of the patient alone. No treatment can be prescribed which is more severe or life threatening diseases without physical examination and diagnostic tests. Whereas it may not apply in respect of second opinion based on the available medical history and reports. In all other cases, the medical practitioner shall have physical examination of the patient at some point of time preferably in the beginning of treatment. In view of the same, the system of telemedicine can be practiced in the following events:
- 1. At some point of time the medical practitioner shall have the opportunity of physical examination by himself or some through some other registered medical practitioner or alternatively qualified paramedical staff is present at patient and record the physical examination and transfer the bio-medical data to the Medical Practitioner. In that event, the medical practitioner shall reasonably feel sufficient to prescribe the medication.
- 2. If the medical practitioner was not sure of the accuracy of bio-medical data of the patient or the bio-medical data do not match with the physical features apparent on the screen, the medical practitioner either shall refer the patient to nearby medical practitioner or to see him personally.
3.3.5 VIRTUAL PRESCRIPTIONS: This shall be done if the User has undergone several physical examinations with the medical practitioner who is giving the prescription and is fully aware of the medical history having access to his previous medical records and decides that physical examination is not necessary on the basis of the symptoms described by the User.
3.3.6 Consent for Tele-consulting: By signing this form, I understand and agree to the following: E-Consultation, facilitation, and wellness services
- 1. I have gone through the terms and conditions on the Website and fully understood about the working, advantages and limitations of telemedicine.
- 2. I hereby give my consent and agree to share my contact details with your medical and non-medical personnel
- 3. I understand that the information obtained during the tele-consulting, which identifies me and my clinical condition, will not be disclosed to any third parties without my consent except for the purposes of treatment, payment, healthcare operations, clinical and other research purposes unless the law provides otherwise.
- 4. I understand that video, audio, and/or photo recording will be taken during the procedure to aid in documenting the progress of my treatment. I give my express consent for the same and to keep a record of the consultation, drugs, diagnostic and other clinical details.
- 5. I understand that Telemedicine may involve electronic communication of my confidential medical information to other medical and service providers who may be located in other areas not limiting to any boundaries.
- 6. I understand that some parts of the examination involving physical tests may be conducted by individuals at the direction of the distant specialist.
- 7. I understand that non-medical personnel other than my physician and the distant specialist may have access to my medical information during the consultation in order to operate the video equipment.
- 8. In an emergency consultation, I understand that the responsibility of the distant specialist is to advise my physician and that the responsibility of the distant specialist will conclude upon the termination of the video conference.
- 9. I have the right to withhold or withdraw my consent to the use of telemedicine during the course of my care at any time.
- 10. I have the right to receive copies of EHR Record for a reasonable fee. Such copies of EHR records shall be subject to my physician’s or distant specialist’s office policies and procedures.
- 11. I understand and acknowledge that due to unanticipated technical reasons there may be an interruption during the tele-consultation or quality of transmission may be suboptimal resulting in postponement of the tele-consultation.
- 12. I may expect the anticipated benefits from the use of telemedicine in my care. I understand that no results can be guaranteed and my condition may not be cured or improved, and in some cases, may even get worse.
- 13. I understand that my condition may require an opinion from a specialist for further evaluation and treatment.
- 14. I understand that if I do not use the services for more than 2 years, you will deactivate my UHID (Unique Health Identifier) and transfer my EHR (Electronic Health Record) to archive and thereafter the EHR is deleted as per our Policy.
- 15. I understand that the EHR may be utilized for research purposes and such use will be subject to the guidelines and regulations laid down by the Government.
4. Conditions for Use of Swapna Healthcare Platform
You agree, undertake and confirm that the use of Swapna Healthcare Platform shall be subject to the following terms:
4.1 You shall not host, display, upload, modify, publish, transmit, update or share any information on the Swapna Healthcare Platform that:
- a. belongs to another person and to which you do not have any right to;
- b. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of others privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;
- c. harms any person in any way;
- d. infringes any patent, trademark, copyright or other proprietary rights;
- e. violate any applicable law for the time being in force;
- f. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- g. impersonate another person; send, circulate or perpetrate any information or data which contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
- h. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;
4.2 You shall not:
- a. make any representation which is misleading in any way;
- b. engage in commercial activities through Swapna Healthcare Platform without the prior consent of Swapna Healthcare; or
- c. engage in any action that imposes an unreasonable or disproportionately large load on the IT infrastructure of Swapna Healthcare or interferes with its functioning.
5. Responsibility for User-Provided Content
The Swapna Healthcare Website may include a variety of features, such as discussion forums, blogs photo and Video Sharing pages, e-mail services and social networking features that allow feedback/rating to us and to post content and materials for display on the Website. By accessing and using any such features, you irrevocably agree:
- a. that you shall abide by the Community Rules as set forth below.
- b. that you are the owner of any materials you post or submit, or are making your posting or submission with the express consent of the owner of the materials;
- c. that you are 18 years of age or older; and you alone are responsible for the materials you post on discussion forums, blogs or on other areas of the Website. We have the right at all times, in our sole discretion, to screen content submitted by users and to edit, moderate, move, delete, and/or refuse to accept any content that in our judgment violates these Terms of Service or is otherwise unacceptable or inappropriate, whether for legal or other reasons.
- d. However, we are under no obligation to monitor any discussion forums, blogs or other areas of the Website through which users can supply information or materials. You acknowledge and agree that we may preserve content and materials submitted by you and may also disclose such content and materials if required to do so by law or if, in our business judgment, such preservation or disclosure is reasonably necessary to comply with legal process, to enforce these Terms of Service, to claims that any content or materials submitted by you violate the rights of third parties or Protect the rights, property, or personal safety of our Website, us, our affiliates, our officers, directors, employees, representatives, our licensors, other users, and/or the public.
6. Profile Ownership and Editing Rights
Swapna Healthcare reserves the right to publish, change, update or delete the Practitioner’s profiles and photographs or as requested by Practitioners. You hereby represent and warrant that the content uploaded by you as part of your profile or otherwise while using Swapna Healthcare’s services, and that no such content breaches any third party rights, including intellectual property rights. In case of any breach, Swapna Healthcare may modify or delete that particular part of your profile information at its sole discretion with or without any information/notice to you.
7. Community Rules
By accessing and using any such features in discussion forums, social networking pages and blogs etc., you agree that you will be courteous, stay on topic and post your own content and will not:
- a. Restrict or inhibit any other user from using and enjoying the Website.
- b. To impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
- c. Do not use the Website to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising.
- d. Use the Website to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without our express written approval .
- e. Gather for marketing purposes any e-mail addresses or other personal information that has been posted by other users of the Website.
- f. Contact anyone who has asked not to be contacted.
- g. Engage in personal attacks, harass or threaten, question the motives behind others’ posts or comments, deliberately inflame or disrupt the conversation, or air personal grievances about other users.
- h. Repeatedly post the same or similar content. We reserve the right to deny access to the Website or any features of the Website to anyone who violates these Community Rules or who, in our sole judgment, interferes with the ability of others to enjoy our Website or infringes the rights of others.
8. Other Conditions
- a. Services offered including limitations thereto are fully described in By accessing the Swapna Healthcare Platform or availing the Services or by registering with us, you signify that you agree to these terms and conditions and the Policies.
- b. If you avail any of the Services offered by any of the Empanelled Associates, the Services provided would be as per their terms and conditions.
- c. This Agreement and the Policies are subject to change from time to time, at the option of Swapna Healthcare without any prior notice.
- d. If the terms of our Services or the Policies (including changes thereto) are not acceptable to you, you have the absolute right to terminate the use of our Services. Your use of the Swapna Healthcare Platform after any amendment to the Terms and Policies shall constitute your acceptance of these terms and you also agree to be bound by any such changes/ revisions.
- e. We reserve the right at all times to disclose any information (including the identity of the persons providing information or materials on the Swapna Healthcare Platform) as necessary to satisfy any law, regulation or valid government request.
- f. We reserve the right, but under no obligation, to monitor the materials posted on the Swapna Healthcare Platform. We shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law.
- g. Swapna Healthcare is not liable either directly or indirectly for the actions of unauthorized persons resulting in transmission of offensive, non¬public, sensitive or obscene materials on the Swapna Healthcare Platform.
9. Rating and Review
Users are allowed to rate and share comments about the Swapna Healthcare, its Associates and services without defaming or damaging the reputation. Swapna Healthcare reserves its copyrights and such other related rights on the content and rating posted by you on the Website. Furthermore Swapna Healthcare can use such content, re-publish, modify, reproduce, broadcast at its own discretion and such content shall be treated as Swapna Healthcare’s Copyrighted material without any objection.
You shall indemnify and hold harmless Swapna Healthcare, its licensees, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents and employees, from any claim or demand, or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of your breach of this Agreement.
We reserve the right, to restrict, suspend or terminate your account and access to all or any part of the Swapna Healthcare Platform, including the discussion areas, at any time for any reason without prior notice or liability. Conversely, you may terminate your account at any time, for any reason, by deleting your account on the Website or by emailing us at firstname.lastname@example.org. This Agreement shall survive for one year after termination of your membership. We may change, suspend or discontinue all or any aspect of the Swapna Healthcare Platform at any time, including the availability of any feature, database, or Content (including the discussion areas), without prior notice.
12. Disclaimer of Warranties; Limitation of Liability
SWAPNA HEALTHCARE PLATFORM AND THE SERVICES ARE PROVIDED ON “AS IS,” BASIS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SWAPNA HEALTHCARE PLATFORM SERVICES, AND THE WEBSITE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY NEITHER SWAPNA HEALTHCARE NOR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY NOR IN ANY WAY INCREASE. THE SCOPE OF THIS WARRANTY. SWAPNA HEALTHCARE IS NOT RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM ANY LOSS) ARISING OUT OF OR RELATING IN ANY WAY TO THE SWAPNA HEALTHCARE PLATFORM AND THE SERVICES AND/OR WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SWAPNA HEALTHCARE PLATFORM, SWAPNA HEALTHCARE PLATFORM - RELATED SERVICES, AND/OR WEBSITE IS TO STOP USING THEM.
13. GOVERNING LAW, ARBITRATION & JURISDICTION
This Deed shall be governed by and construed in accordance with laws of India and the Courts in Hyderabad shall have exclusive Jurisdiction. In the event of any dispute or difference between the Parties arising out of or relating to or regarding the interpretation of this deed, or consequent on the termination of this Lease Deed, such dispute or differences shall be referred to arbitration in accordance with the Indian Arbitration and Conciliation, 1996, as amended from time to time, adjudicated by a single arbitrator mutually agreeable to the Parties. In event the parties fail to agree for a single arbitrator, then each party shall appoint one arbitrator and the two appointed arbitrators shall nominate third arbitrator. The proceedings shall be held in English and place of arbitration shall be Hyderabad. The arbitration award shall be final and binding on all the Parties.
You consent to receive/ communicate data, information, updates from Swapna Healthcare regarding the Services, through valid modes of communication which includes but not limited to emails, messages etc. We provide you with the opportunity to opt-out of receiving non-essential (promotional, marketing-related) communications from us after setting up an account. If you wish to remove your contact information from all Swapna Healthcare communication lists and newsletters, please write to email@example.com.