Terms of Use

Terms of Use

This Terms of Use is a binding Agreement (“Agreement”) between you and CallHealth Services Private Limited. BY ACCESSING OR USING THIS WEBSITE [•], 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 THE “[•]” WEBSITE.

As used in this Agreement, “we,” “us,” “our” and “CallHealth” means CallHealth Services Private Limited and “you” or “your” shall mean individuals or entities accessing the CallHealth Platform (defined below).

CallHealth is engaged in the business of providing various health and wellness services at your doorstep and convenience through multiple platforms including: internet and telephone (“CallHealth Platform”). CallHealth Platforms can be accessed at [•] and through [•]. The various health and wellness services offered through CallHealth Platform include [Telemedicine, Home Diagnostics, Home Care, Home Delivery of Medicines and Medical Supplies, Patient Facilitation, Wellness, Counseling, Family Doctor and such other services as may be provided from time to time] (“Services”). Certain of these Services such as, Wellness, Transportation, Hospital Services, Diagnostics, are offered by third party healthcare and wellness service providers (“Empanelled Service Providers”) and CallHealth merely facilitates the interaction between users/customers and Empanelled Service Provider through CallHealth Platform.

1. Eligibility for use of CallHealth Platform

This is a legally binding agreement and can only be accepted and agreed if you are eligible to enter into a contract as per the Indian Contract Act, 1872. We reserve the right to terminate your membership and / or refuse to provide access to the CallHealth Platform if it is brought to our notice or if it is discovered that you are not eligible to enter into a contract as per applicable laws.

2. Your Account and Registration Obligations

While using the CallHealth 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 on 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 unauthorised manner. We reserve the right to cancel or suspend your membership.

3. Content on Website

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork available on the CallHelath Platform (collectively, "Content"), is either owned by us or by a third party user and we have no control or rights over such third party user content.

All the information, feedbacks, reviews and advice by CallHealth or other users of the CallHealth Platform is for information purposes only and does not constitute professional advice. We do not represent or endorse the accuracy or reliability of any content posted on any interactive area and you acknowledge that any reliance upon such Content shall be at your sole risk.

No part of the Content shall be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, or used without authorisation.

You shall use information on the Services for downloading, provided that:

You shall not remove any proprietary notice language in all copies of such documents

You use such information only for their personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media

You make no modifications to any such information

You do not make any additional representations or warranties relating to such documents

4. Conditions for Use of CallHealth Platform

You agree, undertake and confirm that the use of CallHealth Platform shall be subject to the following terms:

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork available on the CallHelath Platform (collectively, "Content"), is either owned by us or by a third party user and we have no control or rights over such third party user content.

Belongs to another person and to which you do not have any right to

Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;

Harms any person in any way

Infringes any patent, trademark, copyright or other proprietary rights

Violate any applicable law for the time being in force

Deceives or misleads the addressee about the origin of such messages or communicates any information which grossly offensive or menacing in nature

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

Threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable of fence or prevents investigation of any offence or is insulting any other nation

You shall not:

Make any representation which misleading in any way

Engage in commercial activities through CallHealth Platform without the prior consent of CallHealth

Engage in any action that imposes an unreasonable or disproportionately large load on the IT infrastructure of CallHealth or interferes with its functioning.

5. Other Conditions

Services offered including limitations thereto are fully described in [Insert name of the Policies, Terms of Use etc] (“Policies”) available on our Website. By accessing the CallHealth Platform or availing the Services or by registering with us, you signify that you agree to these terms and conditions and the Policies.

If you avail any of the Services offered by the Empanelled Service Providers, the Services would be provided to you as per their terms of service and you may be subject to additional restrictions of such Empanelled Service Provider.

This Agreement and the Policies are subject to change from time to time, at the option of CallHealth. Changes to the policies shall be notified on the Website stating that the terms are new/modified and the site on which they were updated. You understand that your use of the Services constitutes your agreement to follow and be bound by the most recent version of the Policies. We will intimate the changes to our Policies and Terms, through email, SMS and post, as per the details provided by you. Please make sure you provide a valid email-id and contact information and you update it as and when needed.

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 the Services. Your use of the CallHealth 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.

We reserve the right at all times to disclose any information (including the identity of the persons providing information or materials on the CallHealth Platform) as necessary to satisfy any law, regulation or valid government request.

We reserve the right, but have no obligation, to monitor the materials posted on the CallHealth 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 or either the spirit or letter of this Agreement.

CallHealth 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 CallHealth Platform.

6. Indemnity

You shall indemnify and hold harmless CallHealth, 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.

7. Termination

We reserve the right, in our sole discretion, to restrict, suspend or terminate your account and access to all or any part of the CallHealth 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 [insert email address]. This Agreement shall survive any termination of your membership. We may change, suspend or discontinue all or any aspect of the CallHealth Platform at any time, including the availability of any feature, database, or Content (including the discussion areas), without prior notice or liability.

8. Disclaimer of Warranties; Limitation of Liability

Callhealth platform and the services are provided "as is," with all faults, with no representations or warranties of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. You assume total responsibility and risk for your use of the callhealth platform and the services, and hyperlinked websites. No oral or written information or advice given by neither callhealth nor its authorized representatives shall create a warranty nor in any way increase the scope of this warranty.

Callhealth 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 callhealth platform and the services and/or any hyperlinked 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 callhealth platform, callhealth platform -related services, and/or hyperlinked websites is to stop using the callhealth platform and/or those services.

9. Governing Law and Dispute Resolution

This Agreement shall be governed by the laws of India.

You agree that all claims, differences and disputes arising under or in connection with or in relation to this Agreement shall be subject to the exclusive jurisdiction of the courts at Hyderabad and you hereby accede to and accept the jurisdiction of such courts.