Last updated: November, 2021
OAASA Technologys, on behalf of itself and its affiliates/group companies under the brand “Kalveda”, is the author and publisher of the internet resource www.kalveda.com and the mobile application ‘Kalveda’ (together, “Website & Mobile Application”). Kalveda owns and operates the services provided through the Website & Mobile Application. Kalveda is engaged in the business of providing healthcare services through their Platform (“Services”). Kalveda provides the Services in partnership with its agents, affiliates, associates, representatives, or other third parties (“Partners”). This document is an electronic record in terms of the Information Technology Act, 2000 (“Act”) and rules framed thereunder. This electronic record is generated by a computer system and does not require any physical or digital signatures.
1. APPLICABILITY OF TERMS
The Agreement applies to you whether you are –
i. A medical practitioner or third-party doctor or health care provider (whether an individual professional or an organization) or similar institution wishing to be listed, or already listed, on the Website & Mobile Application, including designated, authorized associates of such medical practitioners or institutions (“Third-Party Doctor”, “Medical practitioner(s)”, “you” or “User”); or
ii. A medicine supplier (whether an individual professional or an organization) or similar institution wishing to be listed, or already listed, on the Website or Mobile Application & Mobile Application, including designated, authorized associates of such Third Party Pharmacies (“Pharmacies(s)”, “you” or “User”); or
iii. Otherwise a user of the Website & Mobile Application (“you” or “User”).
iv. A patient, his/her representatives or affiliates, searching for Medical practitioners through the Website & Mobile Application (“End-User”, “you” or “User”); or
v. Otherwise a user of the Website & Mobile Application (“you” or “User”).
This Agreement applies to those services made available by Kalveda on the Website & Mobile Application, which are offered free of charge to the Users (“Services”), including the following:
- For Medical practitioners: Listing of Medical practitioners and their Profiles, Educational, Certification, Registration, Experience details provided by the medical practitioners, to be made available to the other Users and visitors to the Website & Mobile Application;
- For medicine supplier (whether an individual professional or an organization) or similar institution wishing to be listed, or already listed, on the Website or Mobile Application & Mobile Application, including designated, authorized associates of such Third Party Pharmacies (“Pharmacies(s)”, “you” or “User”);
- For other Users: Facility to (i) create and maintain ‘Patient Accounts’, (ii) search for Medical practitioners by name, specialty, and experience, or any other criteria that may be developed and made available by Kalveda, and (iii) to make appointments with Medical practitioners.
The Services may change from time to time, at the sole discretion of Kalveda, and the Agreement will apply for your online consultation and your use of the Website & Mobile Application to avail the Service, as well as to all information provided by you on the Website & Mobile Application at any given point in time.
This Agreement defines the terms and conditions under which you are allowed to use the Website & Mobile Application and describes the manner in which we shall treat your account while you are registered as a member with us. If you have any questions about any part of the Agreement, feel free to contact us at firstname.lastname@example.org.
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 (Postal Service / E-mail), you should read the Agreement at regular intervals. Your use of the Website & Mobile Application following any such modification constitutes your agreement to follow and be bound by the Agreement so modified.
You acknowledge that you will be bound by this Agreement for availing any of the Services offered by us. If you do not agree with any part of the Agreement, please do not use the Website & Mobile Application or avail of any Services. Your access to use of the Website & Mobile Application and the Services will be solely at the discretion of Kalveda.
The Agreement is published in compliance with, 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”).
2. CONDITIONS OF USE
You must be 18 years of age or older to register, use the Services, or visit or use the Website & Mobile Application in any manner. By registering, visiting and using the Website & Mobile Application or accepting this Agreement, you represent and warrant to Kalveda that you are 18 years of age or older, and that you have the right, authority and capacity to use the Website & Mobile Application and the Services available through the Website & Mobile Application, and agree to and abide by this Agreement.
3.1 END-USER ACCOUNT AND DATA PRIVACY
3.1.2 Kalveda may by its Services, collect information relating to the devices through which you access the Website & Mobile Application, and anonymous data of your usage. The collected information will be used only for improving the quality of Kalveda’s services and to build new services.
3.1.3 The Website & Mobile Application allows Kalveda to have access to registered Users’ personal email or phone number, for communication purpose so as to provide you a better way of booking appointments and for obtaining feedback in relation to the Medical practitioners and their practice.
- The type of information collected from Users, including sensitive personal data or information;
- The purpose, means and modes of usage of such information;
- How and to whom Kalveda will disclose such information; and,
- Other information mandated by the SPI Rules.
- The fact that certain information is being collected;
- The purpose for which the information is being collected;
- The intended recipients of the information;
- The nature of collection and retention of the information; and
- The name and address of the agency that is collecting the information and the agency that will retain the information; and
- The various rights available to such Users in respect of such information.
3.1.6 Kalveda 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 Kalveda or to any other person acting on behalf of Kalveda.
3.1.7 The User is responsible for maintaining the confidentiality of the User’s account access information and password, if the User is registered on the Website & Mobile Application. The User shall be responsible for all usage of the User’s account and password, whether or not authorized by the User. The User shall immediately notify Kalveda of any actual or suspected unauthorized use of the User’s account or password. Although Kalveda will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Kalveda or such other parties as the case may be, due to any unauthorized use of your account.
3.1.8 If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Kalveda has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Kalveda has the right to discontinue the Services to the User at its sole discretion.
3.1.9 Kalveda may use such information collected from the Users from time to time for the purposes of debugging customer support related issues.
3.2 RELEVANCE ALGORITHM
Kalveda’s relevance algorithm for the Medical practitioners is a fully automated system that lists the Medical practitioners, their profile and information regarding their Practice on its Website & Mobile Application. These listings of Medical practitioners do not represent any fixed objective ranking or endorsement by Kalveda. Kalveda will not be liable for any change in the relevance of the Medical practitioners on search results, which may take place from time to time. The listing of Medical practitioners will be based on automated computation of the various factors including inputs made by the Users including their comments and feedback. Such factors may change from time to time, in order to improve the listing algorithm. Kalveda in no event will be held responsible for the accuracy and the relevancy of the listing order of the Medical practitioners on the Website & Mobile Application.
3.3 LISTING CONTENT AND DISSEMINATING INFORMATION
3.3.1Kalveda collects, directly or indirectly, and displays on the Website & Mobile Application, relevant information regarding the profile and practice of the Medical practitioners listed on the Website & Mobile Application, such as their specialization, qualification, fees, location, visiting hours, and similar details. Kalveda takes reasonable efforts to ensure that such information is updated at frequent intervals. Although Kalveda screens and vets the information and photos submitted by the Medical practitioners, it cannot be held liable for any inaccuracies or incompleteness represented from it, despite such reasonable efforts.
3.3.2The Services provided by Kalveda 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). Kalveda does not provide or make any representation, warranty or guarantee, express or implied about the Website & Mobile Application or the Services. Kalveda does not guarantee the accuracy or completeness of any content or information provided by Users on the Website & Mobile Application. To the fullest extent permitted by law, Kalveda disclaims all liability arising out of the User’s use or reliance upon the Website & Mobile Application, the Services, representations and warranties made by other Users, the content or information provided by the Users on the Website & Mobile Application, or any opinion or suggestion given or expressed by Kalveda or any User in relation to any User or services provided by such User.
3.3.3 The Website & Mobile Application may be linked to the Website & Mobile Application of third parties, affiliates and business partners. Kalveda has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such Website & Mobile Applications or made available by/through our Website & Mobile Application. Inclusion of any link on the Website & Mobile Application does not imply that Kalveda endorses the linked site. User may use the links and these services at User’s own risk.
3.3.4 Kalveda 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 & Mobile Application or the downloading of any material, data, text, images, video content, or audio content from the Website & Mobile Application. If a User is dissatisfied with the Website & Mobile Application, User’s sole remedy is to discontinue using the Website & Mobile Application.
3.3.5 If Kalveda determines that you have provided fraudulent, inaccurate, or incomplete information, including through feedback, Kalveda reserves the right to immediately suspend your access to the Website & Mobile Application or any of your accounts with Kalveda and makes such declaration on the Website & Mobile Application alongside your name/your clinic’s name as determined by Kalveda for the protection of its business and in the interests of Users. You shall be liable to indemnify Kalveda for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected Kalveda or its Users.
3.4 BOOK APPOINTMENT AND CALL FACILITY
Kalveda enables Users to connect with Medical practitioners through two methods: a) Book facility that allows Users to book an appointment through the Website & Mobile Application; b) Value added telephonic services which connect Users directly to the Kalveda Executives as booking assistance through live chat or telephonic calling service.
3.4.1 Kalveda will ensure Users are provided with confirmed appointments on the Book facility. However, Kalveda has no liability if such an appointment is later cancelled by the Medical practitioner, or the same Medical practitioner is not available for appointment. Provided, it does not fall under the heads listed under the Kalveda Appointment Program (Defined Below), in which case the terms of this program shall apply.
Kalveda Appointment Program: Kalveda Appointment program is aimed to ensure a superior visit experience for Users searching and booking appointments with the designated medical practitioners through Kalveda.
The program enables the medical practitioners to offer, one or more of the below-mentioned assurances, they are extending to the Users:
- Booking must be done prior to before 1 hour of display time. Otherwise appointment can be changed subject to availability.
- The wait time will be within the time limit (i.e., 48 hours)
- Consultation fees charged by the Medical practitioner will be the same as mentioned on Kalveda
- Consultation will be with the same individual medical practitioner, with whom the appointment was booked on the Website or mobile application.
- Appointment ID, if available, must match with the registered phone number of the User.
3.4.3 The results of any search Users perform on the Website & Mobile Application for Medical practitioners should not be construed as an endorsement by Kalveda of any such particular Medical practitioner. If the User decides to engage with a Medical practitioner to seek medical services, the User shall be doing so at his/her own risk.
3.4.4 Without prejudice to the generality of the above, Kalveda is not involved in providing any healthcare or medical advice or diagnosis and hence is not responsible for any interactions between User and the Medical practitioner. User understands and agrees that Kalveda will not be liable for:
- User interactions and associated issues User has with the Medical practitioner;
- The ability or intent of the Medical practitioner(s) or the lack of it, in fulfilling their obligations towards Users;
- Any wrong medication or quality of treatment being given by the Medical practitioner(s), or any medical negligence on part of the Medical practitioner(s);
- Inappropriate treatment, or similar difficulties or any type of inconvenience suffered by the User due to a failure on the part of the Medical practitioner to provide agreed Services;
- Any misconduct or inappropriate behavior by the Medical practitioner or the Medical practitioner’s staff;
- Cancellation or no appear by the Medical practitioner or rescheduling of booked appointment or any variation in the fees charged, provided these have been addressed to under, Kalveda Appointment Program.
3.4.5 Users are allowed to provide feedback about their experiences with the Medical practitioner, however, the User shall ensure that, the same is provided in accordance with applicable law. User however understands that, Kalveda shall not be obliged to act in such manner as may be required to give effect to the content of Users feedback, such as suggestions for delisting of a particular Medical practitioner from the Website & Mobile Application.
3.4.6 In case of a ‘Patient-No-Appear (P.N.A)’ (defined below), where the User does not appear for the consultation with the concerned Medical practitioner:
3.4.6 (a) User’s account will be temporarily disabled from booking further online appointments on Kalveda.com for next one (1) month, in case of, two (2) Valid PNA, as per the Patient-No-Appear Policy. However, the User can continue to call Kalveda to get an appointment.
3.4.6 (b) Patient-No-Appear (P.N.A) for the purposes of these Terms and Conditions, is defined as, any instance where a User, who booked an appointment on the Website & Mobile Application using the Book Appointment facility , has not turned up for the appointment without cancelling, rescheduling, or informing the Medical practitioner in advance about the same. When Medical practitioner informs Kalveda of the incident or marks a particular appointment as P.N.A., an email or SMS will be sent to the User to confirm on the incident with reasons. Where the User is not able to establish that the User had a legitimate reason as per Clause 3.4.6(c), for not showing up, Kalveda shall be entitled to take actions as under Clause 3.4.6 (a). However Users must understand that, actions such as ones mentioned under Clause 3.4.6(a) are included as a deterrent to stop Users from misusing the Website & Mobile Application, and the loss of business hours incurred by the Medical practitioner.
3.4.6 (c) Following instances, solely at the discretion of Kalveda, would be construed as valid cases of PNA (“Valid PNA”), in which case the User shall be penalized as per Clause 3.4.6 (a):
- User does not reply within seven (7) days, with reasons to PNA Communication, from the date of receipt of such PNA Communication;
- In case User responds to the PNA Communication with below reasons:
(a) Forgot the appointment
(b) Chose to visit another Medical practitioner/consulted online; Busy with other work; or such other reasons (which Kalveda at its discretion decides to be a valid reason to not show up).
- Where the User has booked a paid appointment and is unable to visit the Medical practitioner, due to such genuine reasons of sickness etc. at the sole discretion of Kalveda, pursuant to conducting of investigation, the User shall be provided with a refund of such payment made by User, at the time of booking. However, where cancellation charges have been levied, you would not be entitled to a complete refund.
- Kalveda reserves the right to make the final decision in case of a conflict. The total aggregate liability of Kalveda with respect to any claims made herein shall be INR 200.
3.4.7 CANCELLATION AND REFUND POLICY
In the event that, the Medical practitioner with whom User has booked a paid appointment via the Website & Mobile Application, has not been able to provide online consultation to the User, User will need to write to us at info@Kalveda.com within five (5) days from the occurrence of such event; in which case, the entire consultation amount as mentioned on the Website & Mobile Application will be refunded to the User within the next five (5) to six (6) business days in the original mode of payment done by the User while booking. In case where the User, does not show up for the appointment booked with a Medical practitioner, without canceling the appointment beforehand, the amount will not be refunded and treated as under Clause 3.4.6.
If you do not wish to consult with a doctor, you must cancel your booking at least 24 hours prior to scheduled appointment by writing to email@example.com (with booking details) to be eligible for a refund. However, where cancellation charges have been levied (as charged by the Medical practitioner/Practice), you would not be entitled to complete refund even if you have canceled beforehand. Refund will be made to you subject to applicable cancellation charges. Please note that the cancellation policy is subject to change without notice.
|Time Period||Deduction from the consultation fee|
|Before 72 hours or more than 72 hours of Scheduled Appointment||10%|
|Before 24 hours of Scheduled Appointment||25%|
|Before less than 24 hours of Scheduled Appointment||No refund|
3.5 NO DOCTOR-PATIENT RELATIONSHIP; NOT FOR EMERGENCY USE
3.5.1 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 & Mobile Application (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 Kalveda 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 medical practitioner.
3.5.2 It is hereby expressly clarified that, the Information that you obtain or receive from Kalveda, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Website & Mobile Application 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 & Mobile Application. 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.
3.5.3 The Services are not intended to be a substitute for getting in touch with emergency healthcare. If you are an End-User facing a medical emergency (either on your or a another person’s behalf), please contact an ambulance service or hospital directly.
3.5.4 For any end-user or anyone during ongoing treatment or any types of urgent medical health issue, or any accidental or immediate medical emergency, do contact to nearest doctor or hospital or use immediately available medical services. We are recommending usage or access of Kalveda for internet or telephonic consultation with doctors for chronic diseases. We are not entertaining any emergency or critical or surgical or first aid related or related to any medical emergency services in any circumstances.
Patients or end-users are requested to contact or use emergency medical services from required medical authorities or institutions accordingly. Otherwise Kalveda shall not be responsible to anyone for any kind of issues or claims or mishappening for anything in any circumstances.
3.6 KALVEDA HEALTH BLOG
These terms & conditions governing Kalveda Health Blogs are applicable to Users (being both end-users/ Medical practitioner). However, it is clarified that the terms and conditions herein applicable only to Medical practitioners and applicable to Users are called out separately, as the context warrants.
3.6.1 Kalveda Health Blogs is an online content platform available on the Website & Mobile Application, wherein Medical practitioners who have created a Kalveda profile can login and post health and wellness related content.
3.6.2 Medical practitioners can use Kalveda Health Blogs by logging in from their health account, creating original content comprising text, audio, video, images, data or any combination of the same (“Content”), and uploading said Content to Kalveda’s servers. Kalveda will make available to the User a gallery of images licensed by Kalveda from a third party stock image provider (“Kalveda Gallery”). The User can upload their own images or choose an image from the Kalveda Gallery. Kalveda does not provide any warranty as to the ownership of the intellectual property in the Kalveda Gallery and the User acknowledges that the User will use the images from the Kalveda Gallery at their own risk. Kalveda shall post such Content to Kalveda Health Blogs at its own option and subject to these Terms and Conditions. The Content uploaded via Kalveda Health Blog does not constitute medical advice and may not be construed as such by any person.
3.6.3 Medical practitioners acknowledge that they are the original authors and creators of any Content uploaded by them via Kalveda Health Blogs and that no Content uploaded by them would constitute infringement of the intellectual property rights of any other person. Kalveda reserves the right to remove any Content which it may determine at its own discretion as violating the intellectual property rights of any other person, including but not limited to patent, trademark, copyright or other proprietary rights. Medical practitioner agrees to absolve Kalveda from and indemnify Kalveda against all claims that may arise as a result of any third party intellectual property right claim that may arise from the Medical practitioner’s uploading of any Content on the Kalveda Health Blogs. The Medical practitioner may not use the images in the Kalveda Gallery for any purpose other than those directly related to the creation and uploading of Content to Kalveda Health Blogs. The Medical practitioner also agrees to absolve Kalveda from and indemnify Kalveda against all claims that may arise as a result of any third party intellectual property claim if the Medical practitioner downloads, copies or otherwise utilizes an image from the Kalveda Gallery for his/her personal or commercial gain.
3.6.4 Kalveda shall have the right to edit or remove the Content and any comments in such manner as it may deem Kalveda Health Blogs at any time.
3.6.5 Medical practitioner shall ensure that the Content or any further responses to the Content (including responses to Users) is not harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic or libelous in any manner. Further, Medical practitioner should ensure that the Content is not invasive of any other person’s privacy, or otherwise contains any elements that is hateful, racially or ethnically objectionable, disparaging, or otherwise unlawful in any manner whatever. Kalveda reserves the right to remove any Content which it may determine at its own discretion is violative of these Terms and Conditions or any law or statute in force at the time. Also, the Medical practitioner agrees to absolve Kalveda from and indemnify Kalveda against all claims that may arise as a result of any legal claim arising from the nature of the Content posted by the Medical practitioner on Kalveda Health Blogs.
3.6.6 Medical practitioner shall ensure that no portion of the Content is violative of any law for the time being in force.
3.6.7 Medical practitioner shall ensure that the Content is not threatening the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order. Further the Medical practitioner shall ensure that the Content will not cause incitement to the commission of any cognisable offence or prevent investigation of any offence or is insulting to any other nation.
3.6.8 User may also use Kalveda Health Blogs in order to view original content created by Medical practitioners and to create and upload comments on such Content, where allowed (“User Comment”).
3.6.10 User acknowledges that the User Comment reflects the views and opinions of the authors of such Content and does not necessarily reflects the views of Kalveda.
3.6.11 User agrees that the Content they access on Kalveda Health Blogs does not in any way constitute medical advice and that the responsibility for any act or omission by the User arising from the User’s interpretation of the Content, is solely attributable to the User. The User agrees to absolve Kalveda from and indemnify Kalveda against all claims that may arise as a result of the User’s actions resulting from the User’s viewing of Content on Kalveda Health Blogs.
3.6.12 User acknowledges that all intellectual property rights in the User Comment on Kalveda Health Blogs vests with Kalveda. The User agrees not to infringe upon Kalveda’s intellectual property by copying or plagiarizing content on Kalveda Health Blogs. Kalveda reserves its right to initiate all necessary legal remedies available to them in case of such an infringement by the User. Also, User Comment will be the sole intellectual property of Kalveda. The User agrees not to post User Comment that would violate the intellectual property of any third party, including but not limited to patent, trademark, copyright or other proprietary rights. Kalveda reserves the right to remove any User Comment which it may determine at its own discretion as violating the intellectual property rights of any third party. The User agrees to absolve Kalveda from and indemnify Kalveda against all claims that may arise as a result of any third party intellectual property right claim that may arise from the User Comment.
3.6.13 User shall ensure that the User Comment is not harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic or libelous in any manner. Further, User should ensure that the User Comment is not invasive of any other person’s privacy, or otherwise contains any elements that is hateful, racially or ethnically objectionable, disparaging, or otherwise unlawful in any manner whatever. Kalveda reserves the right to remove any Content which it may determine at its own discretion is violative of these Terms and Conditions or any law or statute in force at the time Also, the User agrees to absolve Kalveda from and indemnify Kalveda against all claims that may arise as a result of any legal claim arising from the nature of the User Comment.
3.6.14 User shall ensure that the User Comment is not threatening the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order. Further the Medical practitioner shall ensure that the User Comment will not cause incitement to the commission of any cognizable offence or prevent investigation of any offense or is insulting to any other nation.
3.7 CONTENT OWNERSHIP AND COPYRIGHT CONDITIONS OF ACCESS
3.7.1 The contents listed on the Website & Mobile Application are (i) User-generated content, or (ii) belong to Kalveda. The information that is collected by Kalveda directly or indirectly from the End- Users and the Medical practitioners shall belong to Kalveda. Copying of the copyrighted content published by Kalveda on the Website & Mobile Application for any commercial purpose or for the purpose of earning profit will be a violation of copyright and Kalveda reserves its rights under applicable law accordingly.
3.7.2 Kalveda authorizes the User to view and access the content available on or from the Website & Mobile Application solely for ordering, receiving, delivering and communicating only as per this Agreement. The contents of the Website & Mobile Application, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the Website & Mobile Application (collectively, “Kalveda Content”), are the property of Kalveda and are protected under copyright, trademark and other laws. User shall not modify the Kalveda Content or reproduce, display, publicly perform, distribute, or otherwise use the Kalveda Content in any way for any public or commercial purpose or for personal gain.
3.7.3 User shall not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
3.8 REVIEWS AND FEEDBACK
You are solely responsible for the content that you choose to submit for publication on the Website & Mobile Application, including any feedback, ratings, or reviews (“Critical Content”) relating to Medical practitioners or other healthcare professionals. The role of Kalveda in publishing Critical Content is restricted to that of an ‘intermediary’ under the Information Technology Act, 2000. Kalveda disclaims all responsibility with respect to the content of Critical Content, and its role with respect to such content is restricted to its obligations as an ‘intermediary’ under the said Act. Kalveda shall not be liable to pay any consideration to any User for re-publishing any content across any of its platforms.
Your publication of reviews and feedback on the Website & Mobile Application is governed by Clause 5 of these Terms. Without prejudice to the detailed terms stated in Clause 5, you hereby agree not to post or publish any content on the Website & Mobile Application that (a) infringes any third-party intellectual property or publicity or privacy rights, or (b) violates any applicable law or regulation, including but not limited to the IG Rules and SPI Rules. Kalveda, at its sole discretion, may choose not to publish your reviews and feedback, if so required by applicable law, and in accordance with Clause 5 of these Terms. You agree that Kalveda may contact you through telephone, email, SMS, or any other electronic means of communication for the purpose of:
Obtaining feedback in relation to Website & Mobile Application or Kalveda’s services; and/or
Obtaining feedback in relation to any Medical practitioners listed on the Website & Mobile Application; and/or
Resolving any complaints, information, or queries by Medical practitioners regarding your Critical Content; and you agree to provide your fullest co-operation further to such communication by Kalveda. Kalveda’s Feedback Collection and Fraud Detection Policy, is annexed as the Schedule hereto, and remains subject always to these Terms.
Kalveda may provide End-Users with a free facility known as ‘Records’ on its mobile application ‘Kalveda’. The information available in your Records is of two types:
- User-created: Information uploaded by you or information generated during your interaction with Kalveda ecosystem, eg: appointment, medicine order placed by you.
- Practice-created: Health Records generated by your interaction with a Medical practitioner who uses ‘Kalveda Ray’ or other Services of Kalveda software.
3.9.1 Your Records is only created after you have signed up and explicitly accepted these Terms.
3.9.2 Any Practice-created Health Record is provided on an as-is basis at the sole intent, risk and responsibility of the Medical practitioner and Kalveda does not validate the said information and makes no representation in connection therewith. You should contact the relevant Medical practitioner in case you wish to point out any discrepancies or add, delete, or modify the Health Record in any manner.
3.9.3 The Health Records are provided on an as-is basis. While we strive to maintain the highest levels of service availability, Kalveda is not liable for any interruption that may be caused to your access of the Services.
3.9.4 The reminder provided by the Records is only a supplementary way of reminding you to perform your activities as prescribed by your Medical practitioner. In the event of any medicine reminders provided by Kalveda, you should refer to your prescription before taking any medicines. Kalveda is not liable if for any reason reminders are not delivered to you or are delivered late or delivered incorrectly, despite its best efforts. In case you do not wish to receive the reminders, you can switch it off through the Kalveda app.
3.9.5 It is your responsibility to keep your correct mobile number and email ID updated in the Records. The Health Records will be sent to the Records associated with this mobile number and/or email ID. Every time you change any contact information (mobile or email), we will send a confirmation. Kalveda is not responsible for any loss or inconvenience caused due to your failure in updating the contact details with Kalveda.
3.9.6 Kalveda uses industry–level security and encryption to your Health Records. However, Kalveda does not guarantee to prevent unauthorized access if you lose your login credentials or they are otherwise compromised. In the event you are aware of any unauthorized use or access, you shall immediately inform Kalveda of such unauthorized use or access. Please safeguard your login credentials and report any actual suspected breach of account to firstname.lastname@example.org.
3.9.7 If you access your dependents’ Health Records by registering your dependents with your own Records, you are deemed to be responsible for the Health Records of your dependents and all obligations that your dependents would have had, had they maintained their own separate individual Records. You agree that it shall be your sole responsibility to obtain prior consent of your dependent and shall have right to share, upload and publish any sensitive personal information of your dependent. Kalveda assumes no responsibility for any claim, dispute or liability arising in this regard, and you shall indemnify Kalveda and its officers against any such claim or liability arising out of unauthorized use of such information.
3.9.8 In case you want to delete your Records, you can do so by contacting our service support team. However only your account and any associated Health Records will be deleted, and your Health Records stored by your Medical practitioners will continue to be stored in their respective accounts.
3.9.9 You may lose your “User created” record, if the data is not synced with the server.
3.9.10 If the Health Record is unassessed for a stipulated time, you may not be able to access your Health Records due to security reasons.
3.9.11 Kalveda is not liable if for any reason, Health Records are not delivered to you or are delivered late despite its best efforts.
3.9.12 The Health Records are shared with the phone numbers that are provided by your Medical practitioner. Kalveda is not responsible for adding the Heath Records with incorrect numbers if those incorrect numbers are provided by the Medical practitioner.
3.9.13 Kalveda is not responsible or liable for any content, fact, Health Records, medical deduction or the language used in your Health Records whatsoever. Your Medical practitioner is solely responsible and liable for your Health Records and any information provided to us including but not limited to the content in them.
3.9.14 Kalveda has the ability in its sole discretion to retract Health Records without any prior notice if they are found to be shared incorrectly or inadvertently.
3.9.15 Kalveda will follow the law of land in case of any constitutional court or jurisdiction mandates to share the Health Records for any reason.
3.9.16 You agree and acknowledge that Kalveda may need to access the Health Record for cases such as any technical or operational issue of the End User in access or ownership of the Records.
3.9.17 You acknowledge that the Medical practitioners you are visiting may engage Kalveda’s software or third party software for the purposes of the functioning of the Medical practitioner’s business and Kalveda’s services including but not limited to the usage and for storage of Records in India and outside India, in accordance with the applicable laws.
3.9.18 To the extent that your Records have been shared with Kalveda or stored on any of the Kalveda products used by Medical practitioners you are visiting, and may in the past have visited, You hereby agree to the storage of your Records by Kalveda pertaining to such previously visited clinics and hospitals who have tie ups with Kalveda for the purposes of their business and for Kalveda’s services including but not limited to the usage and for storage of Records in India and outside India, in accordance with the applicable laws and further agree, upon creation of your account with Kalveda, to the mapping of such Records as may be available in Kalveda’s database to your User account.
3.10 KALVEDA MEDICINE INFORMATION
This feature is an information source on medicines and/or medicinal products and concentrates on providing information (critical or otherwise) required for understanding such information including but not limited to the: components or elements used in the manufacturing of such medicines and/or medicinal products,
- the side effects that may be caused or arise owing to the use of the medicines and/or medicinal products,
- the alternative medicines/medicinal products that may be used for certain type or category of medicines/medicinal products
- symptoms and associated medicines/medicinal products generally administered in such cases.
- For Users:
- You understand that any information provided under this feature is not intended to serve as a substitute for clinical advice and should not be relied upon while making treatment related decisions. You are hereby notified that the medicines and/or medicinal products related information differs from country to country and varies from region to region and hence the information/content published herein is India specific and neither Kalveda nor the content owner is responsible for the applicability of the content outside India. Kalveda provides information here on an ‘as is’, basis and not with an intention to replace consultation with a qualified medical practitioner.
- Kalveda has used commercially reasonable efforts to source the information from reliable databases, however, you understand that the information contained in this feature is brought to you from open source platforms and third party sites/research reports. Kalveda shall not be responsible or in any manner be liable for the accuracy of the information or for any errors, omissions or inaccuracies contained herein irrespective of the reason for the cause of such occurrence, or for any consequences arising therefrom. The inclusion or exclusion of any medicines and/or medicinal products does not mean that Kalveda advocates or rejects the use of a particular medicine and/or medicinal product listed herein.
- You understand that the information on medicines and/or medicinal products contained herein does not constitute an offer or invitation or advise to use the same. The information on medicines and/or medicinal products provided hereunder should not be relied upon in connection with any decision to self-medicate. It is suggestible that you always consult a medical practitioner at all times prior to relying upon any information set out herein.
- For Medical practitioners:
- Medical practitioners agree and acknowledge that Kalveda does not make any representation or warranty and does not guarantee the accuracy and/or legitimacy of any information or content provided vide the feature mentioned herein.
- The feature herein acts as an information source only and not as a database of medical prescription, and thus, does not warrant or confirm the validity, accuracy, completeness, safety, usefulness, reliability, legality, quality and/ or the applicability thereof. The Medical practitioners understand that any information provided under this feature is therefore not intended to serve as a substitute for clinical judgement and agrees to use his/her discretion while relying upon the same for treatment related advice, decisions or otherwise.
- Kalveda does not represent or warrant that the information provided herein will meet with the requirements or expectations of the Medical practitioner and that any content, material or results that may be obtained from use of information provided under the said feature will be accurate, timely, complete, reliable, genuine and that any errors with regard to the same will be correct at all times.
- Doctor can prescribe the medicines those are authorized, approved, and authenticated by the relevant medical council or authority of Central or State Govt. of India. Doctor must prescribe medicines to the patients with proper medicine name by its original brand name or scientific name or abbreviation name or with composition name accordingly as per medical practitioners’ prescription rules published by relevant authority or medical council of Central or State Govt. of India.
- The content/information provided herein, regarding medicine and/or medicinal products including but not limited to dietary supplements etc., have not been evaluated or approved by the Drug Controller of India or any other statutory body.
- The information provided under this feature is brought to the viewers on an, “as is” and “as available” basis, without any warranty of any kind, express or implied. Kalveda expressly disclaims all warrantees of any kind, whether expressed or implied, statutory or otherwise, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, non-infringement, security, accuracy or completeness of the information provided herein. Kalveda also expressly disclaims any and all liability to any person whosoever in respect of any loss, damage, death, personal injury or other consequences whatsoever, howsoever caused or arising hereunder, by their use of or reliance upon, in any way, to the information contained herein.
- Limitation of Liability:
In no event, shall Kalveda be liable to you for any lost or corrupted data, downtime, lost profits, business interruption, replacement service or other special, incidental, consequential, punitive or indirect damages, however caused and regardless of theory of liability, including without limitation negligence and in no event shall the total aggregate liability of Kalveda, for all claims arising out of or under these terms and conditions, exceed INR 500 (Indian Rupees One Thousand only).
- Change or modification:
Any reference to any medicines and/or medicinal products by the medical practitioner or user or any article thereof, is subject to change/modification depending upon the applicable laws/technical/medical updates. These, changes or improvements to such medicines and/or medicinal products may be made at any time without notice.
- Hold harmless:
- The use of the feature herein and the content is at the viewer’s sole risk and consequence. Kalveda shall not be responsible for the results of viewer’s decisions resulting from the use of this feature.
- The viewers/Users/Medical practitioners hereby release and agree to hold harmless Kalveda, its affiliates/group companies, its directors, officers, employees, agents, successors, advisors, consultants, representatives, and assigns from any and all claims, losses, related suits, actions, proceedings, investigations, judgments, deficiencies, damages, settlements, liabilities, reasonable legal fees and expenses incurred, by the viewers/Users/Medical practitioners arising due to the negligence or misconduct of viewers/Users/Medical practitioners or due to the access of or decisions taken on the information provided herein.
- Third Party Links:
Kalveda may provide links to third-party websites or external websites/internal servers or resources including advertisements by others. Kalveda has no control over such sites and the information provided in them. Kalveda does not recommend and does not endorse the content on/of any third-party websites including that of advertisers. Kalveda is not responsible or liable for the content of these external sites nor does it endorse, warrant or guarantee the accuracy, genuineness, reliability offered or advertised on the products, services or information provided by such third party websites.
The terms for medical practitioners to use the Kalveda platform are applicable as following.
- 4.1 LISTING POLICY
4.1.1 Kalveda, directly and indirectly, collects information regarding the Medical practitioners’ profiles, contact details, educational details, certification, medical registration, and experience and practice details. Kalveda reserves the right to take down any Medical practitioner’s profile as well as the right to display the profile of the Medical practitioners, with or without notice to the concerned Medical practitioner. This information is collected for the purpose of facilitating interaction with the End-Users and other Users. If any information displayed on the Website & Mobile Application in connection with you and your profile is found to be incorrect, you are required to inform Kalveda immediately to enable Kalveda to make the necessary amendments.
4.1.2 Kalveda shall not be liable and responsible for the ranking of the Medical practitioners on external Website & Mobile Applications and search engines.
4.1.4 Kalveda reserves the right to moderate the suggestions made by the Medical practitioners through feedback and the right to remove any abusive or inappropriate or promotional content added on the Website & Mobile Application. However, Kalveda shall not be liable if any inactive, inaccurate, fraudulent, or non- existent profiles of Medical practitioners are added to the Website & Mobile Application.
4.1.5 Medical practitioners explicitly agree that Kalveda reserves the right to publish the Content provided by Medical practitioners to a third party including content platforms.
4.1.6 When you are listed on Kalveda, End-Users may see a ‘Book Now’ option. When End-Users choose this option, they can choose to book appointment through Kalveda Appointment section or live chat or Telephonic Calling Service, and the records of such calls are recorded and stored in Kalveda’s.
4.1.8 You as a Medical practitioner hereby represent and warrant that you will use the Services in accordance with applicable law. Any contravention of applicable law as a result of your use of these Services is your sole responsibility, and Kalveda accepts no liability for the same.
4.2 PROFILE OWNERSHIP AND EDITING RIGHTS
Kalveda ensures easy access to the Medical practitioners by providing a tool to update your profile information. Kalveda reserves the right of ownership of all the Medical practitioner’s profile and photographs and to moderate the changes or updates requested by Medical practitioners. However, Kalveda takes the independent decision whether to publish or reject the requests submitted for the respective changes or updates. You hereby represent and warrant that you are fully entitled under law to upload all content uploaded by you as part of your profile or otherwise while using Kalveda’s services, and that no such content breaches any third party rights, including intellectual property rights. Upon becoming aware of a breach of the foregoing representation, Kalveda may modify or delete parts of your profile information at its sole discretion with or without notice to you.
4.3 REVIEWS AND FEEDBACK DISPLAY RIGHTS OF KALVEDA
4.3.1 All critical content is created by the Users of www.Kalveda.com (“Website & Mobile Application”) and the clients of Kalveda customers and Medical practitioners, including the End-Users. As a platform, Kalveda does not take responsibility for Critical Content and its role with respect to Critical Content is restricted to that of an ‘intermediary’ under the Information Technology Act, 2000. The role of Kalveda and other legal rights and obligations relating to the Critical Content are further detailed in Clauses 3.9 and 5 of these Terms. Kalveda’s Feedback Collection and Fraud Detection Policy, are annexed as the Schedule hereto, and remain subject always to these Terms.
4.3.2 Kalveda reserves the right to collect feedback and Critical Content for all the Medical practitioners, Clinics and Healthcare Providers listed on the Website & Mobile Application.
4.3.3 Kalveda shall have no obligation to pre-screen, review, flag, filter, modify, refuse or remove any or all Critical Content from any Service, except as required by applicable law.
4.3.4 You understand that by using the Services you may be exposed to Critical Content or other content that you may find offensive or objectionable. Kalveda shall not be liable for any effect on Medical practitioner’s business due to Critical Content of a negative nature. In these respects, you may use the Service at your own risk. Kalveda however, as an ‘intermediary, takes steps as required to comply with applicable law as regards the publication of Critical Content. The legal rights and obligations with respect to Critical Content and any other information sought to be published by Users are further detailed in Clauses 3.9 and 5 of these Terms.
4.3.5 Kalveda will take down information under standards consistent with applicable law, and shall in no circumstances be liable or responsible for Critical Content, which has been created by the Users. The principles set out in relation to third party content in the terms of Service for the Website & Mobile Application shall be applicable mutatis mutandis in relation to Critical Content posted on the Website & Mobile Application.
4.3.6 If Kalveda determines that you have provided inaccurate information or enabled fraudulent feedback, Kalveda reserves the right to immediately suspend any of your accounts with Kalveda and makes such declaration on the Website & Mobile Application alongside your name/your clinics name as determined by Kalveda for the protection of its business and in the interests of Users.
4.4 RELEVANCE ALGORITHM
Kalveda has designed the relevance algorithm in the best interest of the End-User and may adjust the relevance algorithm from time to time to improve the quality of the results given to the patients. It is a pure merit driven, proprietary algorithm which cannot be altered for specific Medical practitioners. Kalveda shall not be liable for any effect on the Medical practitioner’s business interests due to the change in the Relevance Algorithm.
4.5 INDEPENDENT SERVICES
Your use of each Service confers upon you only the rights and obligations relating to such Service, and not to any other service that may be provided by Kalveda.
4.6 KALVEDA RIGHTS
Kalveda reserves the rights to display sponsored ads on the Website & Mobile Application. These ads would be marked as “Sponsored ads”. Without prejudice to the status of other content, Kalveda will not be liable for the accuracy of information or the claims made in the Sponsored ads. Kalveda does not encourage the Users to visit the Sponsored ads page or to avail any services from them. Kalveda will not be liable for the services of the providers of the Sponsored ads.
You represent and warrant that you will use these Services in accordance with applicable law. Any contravention of applicable law as a result of your use of these Services is your sole responsibility, and Kalveda accepts no liability for the same.
4.7 KALVEDA MEDICINE INFORMATION
Doctor can prescribe the medicines that are authorized, approved, and authenticated by the relevant medical council or authority of Central or State Govt. of India. Doctor must prescribe medicines to the patients with proper medicine name by its original brand name or scientific name or abbreviation name or with composition name accordingly as per medical practitioners’ prescription rules published by relevant authority or medical council of Central or State Govt. of India.
4.8 APPOINTMENT, CONSULTATION AND PAYMENT
4.8.1 As a valuable partner on our platform we want to ensure that the Medical practitioners experience on the Kalveda booking platform is beneficial to both, Medical practitioners and their Users for all terms and conditions of booking or appointment facility on Kalveda.
4.8.2 Medical practitioner understands that, Kalveda shall not be liable, under any event, for any comments or feedback given by any of the Users in relation to the Services provided by Medical practitioner. The option of publishing or modifying or moderating or masking (where required by law or norm etc.) the feedback provided by Users shall be solely at the discretion of Kalveda.
4.8.3 End-users can book appointments through Kalveda Website & Mobile application where Kalveda will work as mediator role to disburse the payment to relevant doctors after deducting platform & service fee.
4.8.4 Kalveda has different payment disbursement options for the medical practitioners. Medical practitioners has right to select one option for their continuous payment from Kalveda. The options are given below. Medical practitioner must share valid bank account details to get their payment for every month.
4.8.5 Kalveda provides a personalized professional dashboard or control panel to every medical practitioner where medical practitioners can see their upcoming booking & appointments with the end-users for online medical consultation where date and time are visible. Kalveda suggests to every medical practitioner to attend their appointment on time and without delay. In case of absence or delay to the appointment may cause minimum penalty amount Rs. 1000/- or depending case to case with instances.
4.8.6 In case of absence of the end-user for a confirmed appointment will generate 20% of the mentioned fees.
4.9 MEDICAL PRACTITIONER UNDERTAKING
The Medical practitioner is and shall be duly registered, licensed and qualified to practice medicine/ provide health care, wellness services, as per applicable laws/regulations/guidelines set out by competent authorities and the Medical practitioner shall not be part of any arrangement that will prohibit him/her from practicing medicine within the territory of India. The Medical practitioner shall at all times ensure that all the applicable laws that govern the Medical practitioner shall be followed and utmost care shall be taken in terms of the consultation/ services being rendered.
4.10 USAGE IN PROMOTIONAL & MARKETING MATERIALS
In recognition of the various offerings and services provided by Kalveda to Medical practitioner, Medical practitioner shall (subject to its reasonable right to review and approve): (a) allow Kalveda to include a brief description of the services provided to Medical practitioner in Kalveda’s marketing, promotional and advertising materials; (b) allow Kalveda to make reference to Medical practitioner in case studies, and related marketing materials; (c) serve as a reference to Kalveda’s existing and potential clients; (d) provide video logs, testimonials, e-mailers, banners, interviews to the news media and provide quotes for press releases; (e) make presentations at conferences; and/or (f) use the Medical practitioner’s name and/or logo, brand images, tag lines etc., within product literature, e-mailers, press releases, social media and other advertising, marketing and promotional materials.
4.11 NON COMPLIANCE POLICY
Kalveda assures patients of guaranteed meeting the doctor of their choice within the committed wait time. The repeated occurrence of the following instances hampers the patient experience and count as non-compliance:
- Doctor-No-Appear: When the doctor is not available or appears for online consultation for a confirmed appointment.
- Doctor-App cancellations: Repeated instances of confirmed appointments being cancelled by the doctor.
- Unsatisfactory Score: Providing an excellent patient experience has been a joint mission for us and our doctor partners. Patient happiness Score helps us measure how satisfied patients are with their appointment and treatment experience. A score below 85% reflects poor patient experience.
|Type of non-compliance||Frequency (within a 30-day rolling period)||Cause|
|Doctor-App-Cancellation||1st case||Unavailability of the doctor for online consultation.|
Not taking online consultation or canceling a confirmed appointment.
Long wait time for consultation.
Canceling confirmed appointment
Not taking appointments
|Doctor-App-Cancellation||2nd case||Malfunctioned or poor devices for online consultation.|
Power cut, improper illumination, or internet speed malfunctions, etc.
Camera or audio malfunctions of device or mobile phone where patient experiencing trouble for their online consultation.
|Doctor-App-Cancellation||3rd case||Pausing the online listing or availability.|
Disabling Book button for the entire practice.
Deactivating account for the entire process.
|Unsatisfactory Score||1st Case||Less than 85% score due to high wait time or medical practitioner’s unavailability or high consultation fee or unsatisfactory consultation or treatment in the last 30 days|
- All numbers in the table above are computed on a Practice-level. This means one case of non-compliance by an individual doctor at the practice will be considered as one case of non-compliance for the entire practice.
- Required professional or legal steps can be taken by the organization with the help of Indian Penal Code Act if needed.
5. TERMS Of SERVICE FOR THIRD PARTY PHARMACIES
The Agreement applies to you whether you are –
- A medicine supplier (whether an individual professional or an organization) or similar institution wishing to be listed, or already listed, on the Website or Mobile Application & Mobile Application, including designated, authorized associates of such Third Party Pharmacies (“Pharmacies(s)”, “you” or “User”);
- The Website or Mobile Application is a platform that facilitates (i) online purchase of pharmaceutical products sold by various third party pharmacies (“Third Party Pharmacies”)
- The Indian Contract Act, 1872 (“Contract Act”);
- The Information Technology Act, 2000 (“IT Act”) (Indian) and the rules, regulations, guidelines and clarifications framed thereunder, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011, and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (“IG Guidelines”);
- The Drugs and Cosmetic Act, 1940 (“Drugs Act”), read with the Drugs and Cosmetics Rules, 1945 (“Drugs Rules”);
- The Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 (“Drugs and Magic Act”);
- The Indian Medical Council Act, 1956 read with the Indian Medical Council Rules, 1957;
- Pharmacy Act, 1948 (“Pharmacy Act”) and
- The Consumer Protection Act, 2019 and Consumer Protection (E-Commerce) Rules, 2020.
5.1. Use of Services
5.1.1. You are agreed to dispense medicines under the supervision of a registered Pharmacist. The pharmacist must be duly qualified as a “Registered pharmacist” as per regulations by Govt. of India.
5.1.2. Now, therefore, for and in consideration of the mutual covenants and agreements herein contained, the parties hereto agree as follows:
- 5.1.2.A. Kalveda website involves into online medical consultancy services or second opinion being offered by third party independent doctors known as “Third Party Doctor” or “Medical Practitioner”. Eventually, patients will generate orders in accordance with prescription received from medical practitioner.
- 5.1.2.B. Pharmacy will act as a vendor or third party medicine supplier.
- The pharmacy will dispense medications by compounding, preparing, sealing, packaging, and labeling pharmaceuticals in accordance to the received prescription provided by the patients.
- 5.1.2.C. The pharmacy will deliver the medicines to the shipping agent within 24 hours of generated order.
- 5.1.3. The Pharmacist must ensure that all vials/containers of pre-dispensed Medication bear an expiration date.
- 5.2. In any circumstances, the above terms and conditions shall never be overridden Indian legislation or any rules or regulations or act related to medical and pharmaceuticals, declared or published by Central and State Govt. of India. In every circumstance of Kalveda operation, Indian legislation or any rules or regulations or act shall be mandatorily applicable.
6. RIGHTS AND OBLIGATIONS RELATING TO CONTENT
6.1 As mandated by Regulation 3(2) of the IG Rules, Kalveda hereby informs Users that they are not permitted to host, display, upload, modify, publish, transmit, update or share any information that belongs to another person and to which the User does 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;
- Harm minors in any way;
- Infringes any patent, trademark, copyright or other proprietary rights;
- Violates any law for the time being in force;
- Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- Impersonate another person;
- 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 offence or prevents investigation of any offence or is insulting any other nation.
6.2 Users are also prohibited from:
- Violating or attempting to violate the integrity or security of the Website & Mobile Application or any Kalveda Content;
- Transmitting any information (including job posts, messages and hyperlinks) on or through the Website & Mobile Application that is disruptive or competitive to the provision of Services by Kalveda;
- Intentionally submitting on the Website & Mobile Application any incomplete, false or inaccurate information;
- Making any unsolicited communications to other Users;
- Using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website & Mobile Application;
- Attempting to decipher, decompile, disassemble or reverse engineer any part of the Website & Mobile Application;
- Copying or duplicating in any manner any of the Kalveda Content or other information available from the Website & Mobile Application;
- Framing or hot linking or deep linking any Kalveda Content.
- Circumventing or disabling any digital rights management, usage rules, or other security features of the Software.
6.3 Kalveda, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information as mentioned above, shall be entitled to disable such information that is in contravention of Clauses 5.1 and 5.2. Kalveda shall also be entitled to preserve such information and associated records for at least 90 (ninety) days for production to governmental authorities for investigation purposes.
6.5 Kalveda may disclose or transfer User-generated information to its affiliates or governmental authorities in such manner as permitted or required by applicable law, and you hereby consent to such transfer. The SPI Rules only permit Kalveda to transfer sensitive personal data or information including any information, to any other body corporate or a person in India, or located in any other country, that ensures the same level of data protection that is adhered to by Kalveda as provided for under the SPI Rules, only if such transfer is necessary for the performance of the lawful contract between Kalveda or any person on its behalf and the User or where the User has consented to data transfer.
Kalveda respects the intellectual property rights of others and we do not hold any responsibility for any violations of any intellectual property rights.
7.1 Kalveda reserves the right to suspend or terminate a User’s access to the Website & Mobile Application and the Services with or without notice and to exercise any other remedy available under law, in cases where,
- Such User breaches any terms and conditions of the Agreement;
- A third party reports violation of any of its right as a result of your use of the Services;
- Kalveda is unable to verify or authenticate any information provide to Kalveda by a User;
- Kalveda has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User; or
- Kalveda believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for Kalveda or are contrary to the interests of the Website & Mobile Application.
7.2 Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Website & Mobile Application under the same account, a different account or re-register under a new account. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages, files and other material kept on the Website & Mobile Application by such User. The User shall ensure that he/she/it has continuous backup of any medical services the User has rendered in order to comply with the User’s record keeping process and practices.
8. LIMITATION OF LIABILITY
In no event, including but not limited to negligence, shall Kalveda, or any of its directors, officers, employees, agents or content or service providers (collectively, the “Protected Entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Website & Mobile Application or the content, materials and functions related thereto, the Services, User’s provision of information via the Website & Mobile Application, lost business or lost End-Users, even if such Protected Entity has been advised of the possibility of such damages. In no event shall the Protected Entities be liable for:
- Provision of or failure to provide all or any service by Medical practitioners to End- Users contacted or managed through the Website & Mobile Application;
- Any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Website & Mobile Application;
- Any unauthorized access to or alteration of your transmissions or data; or
- Any other matter relating to the Website & Mobile Application or the Service.
- Kalveda doesn’t allow Medical practitioners, to ask / exchange / share personal or professional contact details (in any format) to or from the end-users except medical emergency. In case of share / exchange of contact details from or to the end-users, medical practitioners need to take prior permission or due to a medical emergency medical practitioner can share or exchange contact details but the medical practitioner must inform through valid registered email to Kalveda within 24 hours of occurrence. Except for medical emergency grounds, if medical practitioners ask / share / exchange personal or professional contact details with end-users without approval, Kalveda has the right to take legal or professional action or can ask to compensate with a certain penalty amount depending on the occurrence. Failure to pay the penalty amount will cause suspension, termination or adjustment of arrear payment from the pending amount.
- In no event shall the total aggregate liability of the Protected Entities to a User for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from this Agreement or a User’s use of the Website & Mobile Application or the Services exceed, in the aggregate Rs. 500/- (Rupees Five Hundred Only).
Doctor can prescribe the medicines that are authorized, approved, and authenticated by the relevant medical council or authority of Central or State Govt. of India. Doctor must prescribe medicines to the patients with proper medicine name by its original brand name or scientific name or abbreviation name or with composition name accordingly as per medical practitioners’ prescription rules published by the relevant authority or medical council of Central or State Govt. of India.
9. APPLICABLE LAW AND DISPUTE SETTLEMENT
9.1 Retention & Removal: Kalveda may retain such information collected from Users from its Website & Mobile Application or Services for as long as necessary, depending on the type of information; purpose, means, and modes of usage of such information; and according to the SPI Rules. Computer web server logs may be preserved as long as administratively necessary.
9.2 You agree that this Agreement and any contractual obligation between Kalveda and User will be governed by the laws of India.
9.3 Any dispute, claim or controversy arising out of or relating to this Agreement, including the determination of the scope or applicability of this Agreement to arbitrate, or your use of the Website & Mobile Application or the Services or information to which it gives access, shall be determined by arbitration in India, before a sole arbitrator appointed by Kalveda. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be Kolkata. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the parties to the dispute.
9.4 Subject to the above Clause 9.3, the courts at Kolkata shall have exclusive jurisdiction over any disputes arising out of or in relation to this Agreement, your use of the Website & Mobile Application or the Services or the information to which it gives access.
10. CONTACT INFORMATION GRIEVANCE
If a User has any questions concerning Kalveda, the Website & Mobile Application, this Agreement, the Services, or anything related to any of the foregoing, Kalveda customer support can be reached at the following email address: email@example.com or via the contact information available on Kalveda Website & Mobile App.
If any provision of the Agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from this Agreement and the remainder of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event, the Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.
No provision of this Agreement shall be deemed to be waived and no breach excused unless such waiver or consent shall be in writing and signed by Kalveda. Any consent by Kalveda to, or a waiver by Kalveda of any breach by you, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.