Terms of Use
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General
Dr. Kavita Chandak’s homeo consultancy is offering various services in multiple
locations through its website https://drkavitachandak.com, subject to the, terms
of use set forth in this agreement, read with the Privacy Policy available here
[https://www.drkavitachandakl.com/privacy-policy/
This agreement contains all the terms and conditions applicable to, and governing,
the provision of Services by the relevant Hospital entity, i.e., Dr. Chandak’s Homeo
consultancy, referred to as the “Service Provider”in multiple locations through the
Website, including the terms and conditions applicable to booking of an appointment,
cancellations, refund and all other transactions in connection with services provided
(“Terms of Use”).
Website & Services
The Website is owned and operated by [Dr. Kavita Chandak’s Homeo consultancy],
a [company duly incorporated under the provisions of the Companies Act, 2013].
Through the Website, we provide you with the following services (“Services”):
booking appointments with relevant medical practitioners associated with the
Hospital and registered under the Indian Medical Council Act, 1956, Dr. Kavita
Chandak.;
Patient Information form;
virtual consultations with Medical Practitioners using video conferencing
(“Telemedicine Services”);
services available for international patients;
information about courses;
information about the Hospital, practice specialties and Medical Practitioners.
The Website uses “cookies”. Cookies are small data files that a website stores on
your web browser. These are used for the purpose of storing your preferences,
previous browsing activities, profiling and tracking your behavior on the website. By
visiting the Website you acknowledge, accept and expressly authorize us for the
placement of cookies on your web browser.
Any accessing or browsing of the Website, registration for the Telemedicine Services
and/or use of the Services indicates your agreement to these Terms of Use. If you
disagree with any of the Terms of Use, then you should discontinue access or use of
the Website.
We retain the right to update or revise these Terms of Use from time to time and
therefore request you to check the Terms of Use every time you wish to use the
Website, to understand the prevailing Terms of Use. Please consult the relevantterms and conditions available at: [Telemedicine Terms and Conditions] before
availing the Telemedicine Services.
If you have any query regarding the Services, Terms of Use and Privacy Policy, you
may contact us at [drkavitachandak@gmail.com].
Eligibility
When you use the Website, you represent that you meet the following primary
eligibility criteria:
You are at least 18 years old. If below 18 years, you are visiting the Website under
the supervision of a parent or legal guardian, who will then be deemed as the
recipient / end-user of the Services for the purpose of these Terms of Use.
You are legally competent to contract, and otherwise competent to receive the
Services.
You have not been previously suspended or removed by the Service Provider, or
disqualified for any other reason, from availing the Services.
The eligibility criteria for availing Telemedicine Services may vary. Please consult the
relevant terms and conditions available at: [https://drkavitachandak.com/terms-
conditions-telemedicine/] before availing the Telemedicine Services.
Use of the Website
As an end-user and recipient of Services, when you use the Website, you agree to
the following conditions of use:
You will provide accurate and complete information everywhere on the Website,
based on which you will receive the Services.
Prior to providing the Services, we reserve the right to verify, without assuming any
obligation or responsibility to do so, all information and documents submitted by you,
including your age and identity and asking for such additional information and
documents as we deem necessary in our sole discretion to verify your name, age,
address, email address, phone number, medical / case history or any other relevant
details, and you hereby acknowledge and agree that you will provide all such
additional information and documents required by us promptly by uploading the
same on the Website. In case of delay in uploading such additional information and
documents required by us, we reserve the right to cancel your appointment, without
giving any reasons and without assuming any liability whatsoever.
You may view and access the content available on the Website solely for the
purposes of availing the Services, and only as per these Terms of Use. You shall not
modify any content on the Website or reproduce, display, publicly perform, distribute,or otherwise use such content in any way for any public or commercial purpose or for
personal gain.
You may not reproduce, distribute, display, sell, lease, transmit, create derivative
works from, translate, modify, reverse-engineer, disassemble, decompile or
otherwise exploit the Website or any portion of it unless expressly permitted by the
Service Provider in writing.
You will be solely responsible for all access to and use of this Website by anyone
using the password and identification originally generated in relation to your use
whether or not such access to and use of this Website is actually authorized by you,
including without limitation, all communications and transmissions and all obligations
(including, without limitation, financial obligations) incurred through such access or
use. You are solely responsible for protecting the security and confidentiality of the
password and identification generated in relation to your use.
You may not make any commercial use of any of the information provided on the
Website.
You may not impersonate any person or entity, or falsely state or otherwise
misrepresent your identity, age or affiliation with any person or entity.
You may not upload any content prohibited under applicable law, and / or designated
as “Prohibited Content” under Clause5 of these Terms of Use.
We reserve the right to refuse service or terminate accounts at our discretion, if we
believe that you have violated or are likely to violate applicable law or these Terms of
Use.
Prohibited Content
You shall not upload to, distribute, or otherwise publish through the Website the
following Prohibited Content, which includes any content, information, or other
material that:
belongs to another person and which you do not own the rights to;
is harmful, harassing, blasphemous defamatory, obscene, pornographic, pedophilic,
invasive of another’s privacy
is hateful, racially or ethnically objectionable, disparaging of any person;
relates to or seems to encourage money laundering or gambling,
harms minors in any way;
infringes any patent, trademark, copyright or other proprietary rights;
violates any law in India for the time being in force;
deceives or misleads the addressee about the origin of your message;
communicates any information which is grossly offensive or menacing in nature;
impersonates another person;
contains software viruses and malicious programs;
threatens the unity, integrity, defense, security or sovereignty of India, friendly
relations with foreign states, or public order; incites any offence or prevents investigation of any offence or insults any other
nation.
You also understand and acknowledge that if you fail to adhere to the above, we
have the right to remove such information and/or immediately terminate your access
to the Website and / or the Services.
Limitation of Liability
By using our Services, you confirm that you understand and agree to the following:
Any information on the Website insofar as it related to diseases and medical
conditions, is merely reading material and intended for informational and awareness
purposes. Under no circumstances should this information be construed or relied
upon as medical advice or diagnosis in any manner whatsoever. Users should
approach qualified medical practitioners for the same as required.
We are not liable for any direct, indirect, punitive, incidental, special or consequential
losses or damages, including without limitation, losses and damages arising in
relation to loss of data or profits, arising out of, or in connection with, the use of the
Website or availing the Services.
In no event are we responsible for any third party misuse for the data and for any
acts, deeds and circumstances beyond our reasonable control, including security
and data theft.
In the event that the Service Provider markets or promotes any Services to you,
please note that you will be responsible for undertaking an assessment regarding the
suitability of such Services for your purposes. Marketing or promotion of Services
should be considered as being for informational purposes only, and does not
constitute expert advice on the suitability of such services for your specific
healthcare needs.
In no event will the Service Provider, or its affiliates, be liable to you for any special,
indirect, incidental, consequential, punitive, reliance, or exemplary damages arising
out of or relating to: (i) these Terms of Use and Privacy Policy; (ii) your use or
inability to use the Website; (iii) your use of any third party tools and services,
including those used to avail the Telemedicine Services.
This Clause 6 shall survive the termination of this agreement and the termination of
your use of our Services.
Indemnity
You agree and undertake to indemnify and keep us and the concerned Medical
Practitioner indemnified against any and all losses, damages, liabilities, costs and
expenses, including reasonable attorney fees, that we or the concerned Medical
Practitioner may incur or suffer on account of, in relation to, or arising from, (i) your
use of the Website and, or, availing or attempting to avail Services from us; (ii) any
misrepresentation, inaccuracy in or breach of any of the representations and
warranties made by you under this Agreement or any breach by you of any term,
covenant, undertaking or obligation contained in this Agreement and, or, breach of
applicable laws; (iii) your failure to provide, in a timely manner, true, correct andcomplete information and documents; (iv) suppression of material facts by you or
failure to provide relevant information and documents to us; (v) your failure to follow
the directions / advice / prescription of the Medical Practitioner; (vi) incorrect or
inaccurate payment details provided by you and, or, use of a bank account, credit /
debit card which is not lawfully owned by you; and (vii) permitting a third party to use
/ access your account.
Data &Information Policy
We respect your right to privacy in respect of any personal information provided to
us. To see how we collect and use your personal information, please see our Privacy
Policy [https://www.drkavitachandakl.com/privacy-policy/].
We use secure encryption technology to keep your information safe and secured at
all time and we are committed towards maintaining the privacy of the information
uploaded by you on the Website, which complies with the industry standard security
safeguards for the purpose of securing the Website and the information provided by
you.
We use all reasonable endeavors to ensure the integrity and security of the Website
and the online payment facility provided on the Website. Despite our endeavors,
breaches of security and confidentiality could occur. You acknowledge that we are
not liable for any loss suffered by you as a result of any breaches in security or
technology breaches.
Intellectual Property
You acknowledge that we own the Dr.Kavita chandak homeo consultancy brand
name and the Website, as well as all intellectual property rights contained on the
Website, including all trademarks, trade names, tag lines, logos, programs,
processes, designs, software, technologies, inventions and materials therein and all
the services offered by the Medical Practitioners on the Website.
You are not permitted to use the content available on the Website without our prior
written permission.
Other conditions
Pricing & Payment
Accuracy of Information Displayed
We have made every effort to display, as accurately as possible, the information on
our Website. However, any information insofar as it related to diseases and medical
conditions, is merely reading material and intended for informational and awareness
purposes. Under no circumstances should this information be construed or relied
upon as medical advice or diagnosis in any manner whatsoever. We do not
undertake any liability with respect to any information in regard to which you arecapable of conducting your own due diligence to ascertain accuracy and you are
responsible for undertaking an assessment regarding the suitability of the
information and Services for your purposes.
Third Party Links & Resources
Where the Website contains links to other sites and resources provided by third
parties (including where our social media sharing plug-ins include links to third party
sites), these links are provided for your information only.
We have no control over the contents of these third party websites or resources and
accept no responsibility for them or for any loss or damage that may arise from your
use of them.
Force Majeure
We will not be liable for any non-compliance or delay in compliance with any of the
obligations we assume under any contract when caused by events that are beyond
our reasonable control . Force Majeure shall include any act, event, failure to
exercise, omission or accident that is beyond our reasonable control, including,
among others, the following:
Strike, lockout or other forms of protest
Civil unrest, revolt, invasion, terrorist attack or terrorist threat, war (declared or not)
or threat or preparation for war.
Fire, explosion, storm, flood, earthquake, collapse, epidemic or any other natural
disaster.
Inability to use public or private transportation and telecommunication systems.
Acts, decrees, legislation, regulations or restrictions of any government or public
authority including any judicial determination.
Our obligations deriving from any contracts should be considered suspended during
the period in which Force Majeure remains in effect and we will be given an
extension of the period in which to fulfill these obligations by an amount of time we
shall communicate to you, not being less than the time that the situation of Force
Majeure lasted.
For change in law specifically, we reserve our rights to suspend our obligations
under any contract indefinitely, and / or provide the Services under revised Terms of
Use.
Governing Law & jurisdiction
The use of the Website and availing the Services contracts through the Website shall
be governed by the laws of India.
Any dispute arising out of, involving or relating to, or in connection with the Website
and the Services or the interpretation of any provisions of these Terms of Use, or thebreach, termination or invalidity thereof and shall be subject to the exclusive
jurisdiction of the courts at Nagpur.
- This Privacy Policy explains how we at Dr. Kavita Chandak’s homeo consultancy
(collectively, “we,” “us,” or “our”, including our affiliates and group companies, ,)
collect, use, share and process your information, that you provide to us through your
use of the website https://drkavitachandak.com/ in the course of our
provisioning of appointment booking, telemedicine services and other services
provided (“Services” as defined in the Terms and Conditions
[https://drkavitachandak.com/terms-of-use/]) to you.
Please use our Services only if you agree to the use of your information in
accordance with the terms set out below.
What is Personal Information?
Personal information is that information which can be used to directly or indirectly identify you. It includes de-identified data that, when linked to other information
available to us, would enable us to identify you. Personal data does not include data that has been irreversibly anonymized or aggregated so that we cannot identify you through it, even in conjugation with other information.
By usage of the Website/scheduling or availing any of the Services/clickings “I
accept”, you represent that you voluntarily provide us with personal information
including medical and financial information, and consent to their collection, use and
disclosure in accordance with this Privacy Policy. You also represent that you are
duly authorized by any third party (including a child or an employer) whose
information you share with us.
Types of Personal Information We Collect
When you sign up or register on our Website to use our Services, the types of
information that will be collected by us includes:
Name and Address; - Email ID / Phone Number;
- Demographic data (such as your gender, your age, and your location);
- Medical information that you provide us relating to any existing or suspected health
conditions; - Medical case history test including investigation reports, existing patient ID (if any) as
maybe applicable - Information regarding your usage of the Services, such as search history, and record
of medical appointments made through the use of Services, any prescriptions you
provide us; - Insurance data(such as your insurance carrier and insurance plan);
- Financial information such as payment details including but not limited to internet
banking details or debit/credit card; - User ids associated with internet based digital platforms, including third party platforms such as WhatsApp, Facebook Messenger or Skype that are used as channels for Services;
- Any other information that you voluntarily choose to provide to us ;
How We Use Your Personal Data
All the information provided by you to us, including Personal Information or specific
categories of Personal Information, is voluntary. We use your personal data for
purposes which include the following:
Your registration for the purpose of receiving our Services and for fulfillment of the
Terms of Use [https://drkavitachandak.com/terms-of-use/];
Offering you personalized Services and targeted advertisements;
-Processing any orders you may place using our Services
-Improvement of our products and services;
-Research and analysis, including for the development of commercial solutions;
-Addressing your requests, queries and complaints, in any, pertaining to our Services;
-Investigating, enforcing, and resolving disputes;
-For the purpose of contacting you to provide you with new Services, taking feedback,
assisting you with completion of transactions or other issues relating to the use of
Services.
If you wish to opt-out of receiving non-essential communications such as
promotional and marketing-related information regarding the Services, please send
us an email at [drkavitachandak@gmail.com]
The Website uses temporary cookies to store certain (that is not sensitive personal
data or information) that is used by us and our service providers for the technical
administration of the Website, research and development, and for user
administration. In the course of serving advertisements or optimizing services to you,
we may allow authorized third parties to place or recognize a unique cookie on your
browser. The cookies however, do not store any Personal Information that belongs
to you. You may adjust your internet browser to disable cookies. If cookies are
disabled you may still use the Website, but the Website may be limited in the use of
some of the features.
Disclosure and Transfer of Personal Data
We disclose and in some cases transfer your personal information to such entities as
required to provide Services to you. These entities may be located outside India,
which you hereby consent to. We require such entities to protect your information
through equivalent security measures as what we would adopt. An indicative list of
entities we may disclose or transfer information to, are provided below.
Service Providers: We share personal data with companies that provide Services
on our behalf, such as website hosting, data storage, software services, email
services, marketing, fulfilling customer orders, providing payment services, data
analytics, providing customer services, and conducting surveys. These companies
may be located within or outside India, but in any case are obligated to protect your
data.
Business Affiliates: We may disclose or transfer some of your information with
group companies and affiliates, including foreign entities. We may your information
accessible to our employees, agents or partners and third parties only on a need-to-
know basis, and binds only its employees to strict confidentiality obligations
In the event of a merger, reorganization, acquisition, joint venture, assignment, spin-
off, transfer, or sale or disposition of all or any portion of our business, including in
connection with any bankruptcy or similar proceedings, we may transfer any and all
personal data to the relevant third party.
Law Enforcement Agencies: We may share information with law enforcement
agencies pursuant to lawful requests for information, and otherwise as required
under any law applicable at the given time.
Others: We may also disclose personal data if we determine in good faith that
disclosure is reasonably necessary to protect our rights and pursue available
remedies, enforce our terms and conditions, investigate fraud, or protect our
operations or users.
Your Rights
We take reasonable steps to ensure that your personal information is accurate,
complete, and up to date. However, you have the responsibility of ensuring that you
review the accuracy of information provided by you and contact us in case of
discrepancies, or in case you wish to discontinue the use of our services. You have
the following rights with regard to your personal information:
You have the right to access your personal information, and request correction and
deletion.
You are free to not share any medical or other information that you consider
confidential, and withdraw consent for us to use data that you have already provided.
In the event that you refuse to share any information, or withdraw consent to process
information that you have previously given to us, we reserve the right to restrict or
deny the provision of our services for which we consider such information to be
necessary.
Data Retention Policy
We store your personal information in accordance with applicable laws, which means
we keep your personal information for as long as necessary to provide you with our
services or as may be required under any law. We shall store your personal
information for lawful purposes only. We keep de-identified data for research and
statistical purposes for a longer period, subject to legal requirements under the
medical laws.
If you close your account, we have no obligation to retain your data, and we may
delete any or all of your data without liability. However, we may retain data related to
you if we believe it may be necessary to prevent fraud or future abuse, or if required
by law, or for other legitimate purposes.
Confidentiality, Information Security Policy
We use reasonable technical, administrative, and physical security measures for the
purpose of safeguarding all data you share with us, and have internal policies in
place to prevent unauthorized access to your data. We also take adequate steps to
ensure that third parties we share data with also adopt reasonable level of security
practices and procedures to ensure the privacy and security of your personal
information.
No administrator at our end will have knowledge of your password. It is important for
you to protect against unauthorized access to your password, your computer and
your mobile phone. Be sure to log off from the Website when finished. We do not
undertake any liability for any unauthorised use of your account and password. If you
suspect any unauthorized use of your account, you must immediately notify us by
sending an email to [drkavitachandak@gmail.com]. You shall be liable to indemnify
us due to any loss suffered by us due to such unauthorized use of your account and
password, in accordance with the indemnification provision set out under our
“[ https://drkavitachandak.com/terms-conditions-telemedicine/ ].”
However, we are not responsible for any loss, unauthorized access, safety issue or
any harm caused to you by any misuse of your personal information, unless it is a
direct and foreseeable consequence of negligence and non-compliance on our part
only. We are not responsible for the confidentiality, security or distribution of your
Personal Information by our partners and third parties outside the scope of our
agreement with such partners and third parties. Further, we shall not be responsible
for any breach of security or for any actions of any third parties or events that are
beyond our reasonable control including but not limited to, acts of government,
computer hacking, unauthorized access to computer data and storage device,
computer crashes, breach of security and encryption, poor quality of Internet service
or telephone service on your part. You hereby acknowledge that we are not
responsible, in particular, for any third party action or action on your part leading to
loss, damage or harm to you or any other person.
Third Party Websites and Services
Our website may contain links to third party services, and give you the ability to
access such third-party websites, products, and services. We are not responsible for
the privacy practices employed by those third parties, nor are we responsible for the
information or content their products and services contain. Please read the privacy
policies of any third party before proceeding to use their websites, products, or
services.
Changes to this Privacy Policy
We may periodically revise or update this Privacy Policy. Your continued use of our
products and services after the effective date of the Privacy Policy means that you
accept the revised Privacy Policy. If you do not agree with any such revised terms,
please refrain from using our products or services and contact us to close any
the account you may have created.