These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of a patient ( as a parent or legal guardian ) and VAIDYAM (“we,” “us” or “our”), concerning your access to and use of our mobile application (the “Application”). You agree that by accessing the Application, you have read, understood, and agree to be bound by all of these Terms and Conditions.
Supplemental terms and conditions or documents that may be posted on the Application from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms and Conditions and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms and Conditions to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the Application after the date such revised Terms are posted.
The information provided on the Application is not intended for distribution to or use by any person or entity where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction of the country.
OUR SERVICES :
The patient is authorised to avail any of our services as detailed below by complying to all the parameters and abide by the terms and conditions.
Medical services :
We offer a wide range of nursing and medical services of healthcare at the patient’s home which are as follows;
1) Infusion at home.
( IM, IV OR SC )
2) Ryle’s tube feeding and insertion.
( feeding or installation )
( temperature, pulse, respiration, blood pressure )
( Oropharyngeal suction / Nasopharyngeal suctioning)
5) Tracheostomy care and wound management.
7) Nursing at home.
8) Geriatric care.
9) Doctor’s visit.
10) Lab facility.
11) Respiratory therapy.
12) Diet management.
13) Bed sore management.
14) Pain management.
15) Physiotherapy . . .
Non medical services :
We also provide non-medical services for the convenience of the patients at their home.
The patient can also avail non-medical services such as ;
1) Diaper changing.
2) Sponge bath.
4) Position changing.
5) Hygiene management . . .
We also extend our service by the sale/rent of medical equipment as may be required by the patient as follows ;
1) Bed or cot.
2) Blood pressure operator.
3) Oxygen cylinder.
4) Sectioning machine.
5) Wheel chair / walker.
6) Alpha beds.
7) Bi-pap machine / c-pap machine.
9) Glucose monitors.
10) Nebulisers . . .
PATIENT’S PERSONAL INFORMATION :
The patient is required to disclose accurate and genuine information for the essential aspect of the patient care process whether it be primary care or specialised care which enables the healthcare professional’s duty and responsibility to have a quick overview of the patient’s health allowing them for more effective diagnosis and service for the speedy recovery of the patient’s health.
CLINICAL INFORMATION :
The clinical information of the patient’s diagnosis is mandatorily necessary for the authentic care of the patient and necessary knowledge of the healthcare professional for better service of post hospital care.
POST HOSPITALISED PROCEDURES AND MEDICAL PRESCRIPTIONS :
The patient is required to submit the post hospital procedure report and the prescription of the medicines to be given to the patient on timely basis.
MEDICAL HISTORY RECORD :
The medical history record of the patient is also required to be submitted / enclosed summarising the patient’s health condition to be understood by the healthcare professional who are to discharge their service.
DISCHARGE SUMMARY :
The details with regard to the patient’s hospitalisation and medical advice is also to be enclosed for the awareness of the healthcare professional regarding the patient’s required service .
OPERATIVE REPORT :
The details of the Operative report is also to be submitted to detail the procedures of findings of a surgical operation which doesn’t lead to any ambiguity to the healthcare professional.
No services would be provided at the sole discretion of the patient or his/her guardian without the above-mentioned medical parameters.
The Company shall also arrange for the consultation of any medical diagnosis or advice of medical practitioners specialised in the relevant ailment at the request of the patient or his/her legal guardian ( if the patient is a minor below the age of 18 years ) for which separate charges will be applicable.
The patients can also book the required medical equipment available either for sale or for rent for which separate price or charges will be applicable.
LIMITATIONS OF LIABILITY
In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages or any other damages arising from your use of the application.
The homecare services will be rendered by us solely based on the medical, health and personal information provided by the patient or his/her legal guardian and they shall be solely responsible for any discrepancies arising on account of the service by our healthcare professionals in compliance to the information furnished by you. We shall also not be responsible for any consequences of any significant side effects, complication of the service or even fatality of the patient in the event of the patient or the legal guardian furnishing incomplete information about the patient in spite of our due diligence and sincere service.
By signing this Agreement, you also agree to abide by the term and condition that you shall not personally contact the healthcare professional assigned by us to adhere to your required service without our knowledge and any consequences arising thereafter will be at your personal risk.
Any misbehaviour or misconduct by the healthcare professional deployed by us at your service should be immediately notified to us , so that we will take instant remedial measures or disciplinary procedures to rectify the grievance ( if any ) and maintain the ethics of our sincere and dedicated service. The unsatisfactory healthcare professional shall be immediately substituted to your optimum satisfaction.
The Company is not responsible or will not hold any liability for the loss or theft of any of your valuables during the course of our service by the healthcare professionals and the inmates of the house are to keep a safe watch and custody of the valuable belongings like their jewels, ornaments, wallets, mobile phones or any other valuable accessories.
You will be solely be responsible for all the access to and the use of our App by anyone using the password and the identification assigned to you ( whether it being used by you or anyone authorised by you )
The patient should have completed 18 years of age to take independent decision of availing our services or else in the event of he/she being a minor ( under the age of 18 years ) he/she has to be represented by a legal guardian and be directly supervised and guided by their parent or legal guardian for availing our homecare or nursing services duly advised by an authorised and qualified Medical practitioner.
HEALTHCARE PROFESSIONALS :
Health care professionals can be classified as Doctors, Nurses, Physiotherapist, Dietician or Care-takers . . .
INTELLECTUAL PROPERTY RIGHTS
Provided that you are eligible to use the Application, you are granted a limited license to access and use the Application and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Application, Content, and the Marks.
By using the Application, you represent and warrant that:
(1) all registration information you submit will be true, accurate, current, and complete;
(2) you will maintain the accuracy of such information and promptly update such registration information as necessary;
(4) you will not access the Application through automated or non-human means, whether through a Robot, script or otherwise;
(5) you will not use the Application for any illegal or unauthorized purpose; and
(6) your use of the Application will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Application (or any service thereof).
You may be required to register with the Application. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
You may not access or use the Application for any purpose other than that for which we make the Application available. The Application may not be used in connection with any commercial endeavors except ( home healthcare or nursing services : medical or non-medical and for availing medical equipment ) that are specifically endorsed or approved by us.
As a user of the Application, you agree not to:
1. Systematically retrieve data or other content from the Application to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
2. Make any unauthorized use of the Application, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
3. Use a buying agent or purchasing agent to make purchases on the Application.
4. Use the Application to advertise or offer to sell goods and services.
5. Circumvent, disable, or otherwise interfere with security-related features of the Application, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Application and/or the Content contained therein.
6. Engage in unauthorized framing of or linking to the Application.
7. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
8. Make improper use of our support services or submit false reports of abuse or misconduct.
9. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
10. Interfere with, disrupt, or create an undue burden on the Application or the networks or services connected to the Application.
11. Attempt to impersonate another user or person or use the username of another user.
12. Sell or otherwise transfer your profile.
13. Use any information obtained from the Application in order to harass, abuse, or harm another person.
14. Use the Application as part of any effort to compete with us or otherwise use the Application and/or the Content for any revenue-generating endeavor or commercial enterprise.
15. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Application.
16. Attempt to bypass any measures of the Application designed to prevent or restrict access to the Application, or any portion of the Application.
17. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Application to you.
18. Delete the copyright or other proprietary rights notice from any Content.
20. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Application or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Application.
21. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats.
22. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Application.
23. Use the Application in a manner inconsistent with any applicable laws or regulations.
GUIDELINES FOR REVIEWS
We may provide you areas on the Application to leave reviews or ratings. When posting a review, you must comply with the following criteria:
(1) you should have firsthand experience with the person/entity being reviewed;
(2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language;
(3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability;
(4) your reviews should not contain references to illegal activity;
(5) you should not be affiliated with competitors if posting negative reviews;
(6) you should not make any conclusions as to the legality of conduct;
(7) you may not post any false or misleading statements; and
(8) you may not organize a campaign encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.
MOBILE APPLICATION LICENSE
(1) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application;
(2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application;
(3) violate any applicable laws, rules, or regulations in connection with your access or use of the application;
(4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application;
(5) use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended;
(6) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time;
(7) use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application;
(8) use the application to send automated queries to any website or to send any unsolicited commercial e-mail; or
(9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.
Apple and Android Devices
The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the Application:
(1) the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service;
(3) in the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor and the App Distributor in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application;
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Application (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
THIRD-PARTY WEBSITES AND CONTENT
We allow advertisers to display their advertisements and other information in certain areas of the Application, such as sidebar advertisements or banner advertisements. If you are an advertiser, you shall take full responsibility for any advertisements you place on the Application and any services provided on the Application or products sold through those advertisements. Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Application, including, but not limited to, intellectual property rights, publicity rights, and contractual rights. As an advertiser, you agree that such advertisements are subject to our Digital Millennium Copyright Act (“DMCA”) Notice and Policy provisions as described below, and you understand and agree there will be no refund or other compensation for DMCA takedown-related issues. We simply provide the space to place such advertisements, and we have no other relationship with advertisers.
We reserve the right, but not the obligation, to:
(3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;
(4) in our sole discretion and without limitation, notice, or liability, to remove from the Application or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and
(5) otherwise manage the Application in a manner designed to protect our rights and property and to facilitate the proper functioning of the Application.
TERM AND TERMINATION
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Application at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Application. We also reserve the right to modify or discontinue all or part of the Application without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Application.
DISPUTE RESOLUTION :
The use of our platform shall be governed by the laws applicable in India. Any dispute relating to the use of our Services shall be subject to the exclusive jurisdiction of the courts at Bengaluru, Karnataka, India.
There may be information on the Application that contains typographical errors, inaccuracies, or omissions that may relate to the Application, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Application at any time, without prior notice.
The application is provided on an as-is and as-available basis. You agree that your use of the application services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the application and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the application’s content or the content of any websites linked to this application and we will assume no liability or responsibility for any
(1) errors, mistakes, or inaccuracies of content and materials,
(2) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein,
(3) any interruption or cessation of transmission to or from the application,
(4) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the application by any third party, and/or
(5) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the application. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the application, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due that the concerned indemnified person on account of :
1. consequences arising out of the deficiency in service, misdiagnosis, or even fatality as a result of;
a) your failure to furnish correct and complete medical information and the history of patient’s medical diagnosis required for the home healthcare service of the patient as advised by a qualified medical practitioner.
b) Suppression of material facts or the failure to provide relevant clinical information about the patient.
2. Incorrect or inaccurate credit/debit card provided by you which is not lawfully owned by you towards the payment for our services.
3. You permitting a third party to use your password or any other means to access your account. your violation of the rights of a third party, including but not limited to intellectual property rights
4. use of the Site;
7. any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
We will maintain certain data that you transmit to the Site for the purpose of managing the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
Payment can be made in cash ( for which a receipt would be acknowledged by the authorised person ) or any other mode of digital payment like NEFT, mobile banking,
You are required to make the payment for the service rendered by us as agreed upon between us within the stipulated period of time for the execution of our service and in the event of undue delay of such payment, the service by us may be discontinued or even terminated at the discretion of the Company with cost.
In order to resolve a complaint regarding the Application or to receive further information regarding use of the Application, please contact us at:
[Corporate Phone Number]
[Corporate Fax Number]
USER GENERATED CONTRIBUTIONS
Contributions may be viewable by other users of the Application and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
Your Contributions are not false, inaccurate, or misleading.
Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
Your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
Your Contributions do not violate any applicable law, regulation, or rule.
Your Contributions do not violate the privacy or publicity rights of any third party.
Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
Your Contributions do not violate any federal or state law concerning child pornography, or otherwise intended to protect the health or well-being of minors;
Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Application. You are solely responsible for your Contributions to the Application and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion,
(1) to edit, redact, or otherwise change any Contributions;
(2) to re-categorize any Contributions to place them in more appropriate locations on the Application; and
(3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.