TERMS OF USE
Healbot Services Private Limited, on behalf of itself and its affiliates/group companies under the brand "UzuHealth" (“UzuHealth”), is the author and publisher of the internet resource www.uzuhealth.com and the mobile application ‘UzuHealth’ (together, “Website”). In the following document, “UzuHealth” also means Healbot Services Private Limited unless stated otherwise.
Applicability of the terms
Please carefully go through the terms and conditions laid out at (“Terms and Conditions”) before you decide to access the website or avail the services made available on the website. The terms and conditions hereunder together with the terms on our privacy policy constitute a legal agreement between you (the user) and UzuHealth. UzuHealth is not responsible for any user who is not aware of the terms and conditions and hence, thereafter is open to no disputes regarding the reach of this document and its information to the user base. (*Any user who wish to avail the services of UzuHealth acknowledges the terms and conditions of this document and are therefore under the assumption that they are well aware of the clauses and points mentioned in the following document*)
The agreement shall apply to you under following conditions:
A patient, his/her representatives or affiliates, searching for doctors/ medical practitioners through the Website (“End-User”, “you” or user has been used twice “User”); (*any person who is ordering or interested in ordering a service is not a final user because enquiry about a service is not confirmation of the service*) or
Otherwise, a user of the Website (“you” or “*Visitor”).
Following terms applies to those services that are made available to the user:
For you/Patient: a) Creation and maintenance of user accounts (*with the sole consent of the visitor of the website inclined to use/enquire about the services offered) b) Search (*confirm) for practitioners by specialty and geographical area or any other criteria that may be developed and made available by UzuHealth and c) To (*make/schedule/enquire/cancel/pay*) appointments with doctors/medical practitioners d) To book/schedule/enquire/cancel/pay* lab tests
These services may change from time to time, at the sole discretion of UzuHealth, and the agreement will apply to user’s visit to and user’s use of the website to avail the services, as well as to all information provided by user on the website at any given point in time.
By choosing to download or access the website to avail the services made available by UzuHealth, you decisively accept all the conditions set forth in this agreement and agree to abide by them.
We reserve the right to modify/ cease/ terminate any portion of the agreement for any reason and at any time, and such modifications shall be informed to you in writing over SMS/ mail or any other medium chosen by UzuHealth(SMS are only a mode of communication and Uzuhealth will not be responsible for sharing any sensitive information from the patient side to any such personnel who claims to be from UzuHealth). As a user, you shall read the “Terms & Conditions” and “Privacy Policy” on regular intervals for smoother experience. Your use of the website following any of the above-mentioned modifications constitutes your agreement to follow and bound by the modified terms. If you do not agree with any part of the agreement, kindly refrain from using the website or avail any services.
These terms are published in compliance of, 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”) (*any other relevant laws related to medico-legal category , example : Assam Health Establishment Act, 1993 is applicable between the Doctor and the user when they opt for physical examination)
Terms of Use for All users other than Health Counsellors and Medical practitioners
Conditions of Use
The website and its services are designed to be used within India. So, please refrain from using the website or rendering any services through use of websites outside of India. Any possible consequences arising from such an incident or any penalty sanctioned by the user on such websites shall be the sole responsibility of the user.
The user must be 18 years of age at minimum to register, use or visit the website. By registering, using or visiting the website, you represent and warrant to UzuHealth that you are 18 years of age or older, and that you have the right, authority and capacity to use the website and the services available through the website, and agree to and abide by this agreement. If in case the services are meant to be used for a minor, the guardian could be the user which too, in he/she has read the terms and conditions.
Consultation is intended for general purposes only and is not meant to be used in emergencies/serious illnesses requiring physical consultation. Further, if the Practitioner adjudges that a physical examination would be required and advises ‘in-person consultation’, it is the sole responsibility of the User, to book an appointment for physical examination or/and in-person consultation whether the same is with the Practitioner listed on the Website or otherwise. In case of any negligence on the part of the User in acting on the same and the condition of the User deteriorates, UzuHealth shall not be held liable. (*any sort of advice, direction or reply to an enquiry is not to be termed under consultation from any representative of UzuHealth to any sort of user)
Medical Advice is a mode available to Users to assist them to obtain consultation from Practitioners and does not intend to replace the physical consultation with a medical practitioner.
Services
The services provided by UzuHealth will be as follows
Consultation: We offer professional consultation services to our clients, which may include medical, healthcare, or any related advisory services as per the applicable laws and regulations.
Diagnostic Services: We provide diagnostic services aimed at assessing and evaluating the health condition of individuals. These services may involve medical examinations, tests, imaging, or other diagnostic procedures conducted by qualified professionals.
Wellness Services: Our wellness services encompass a range of preventive and proactive measures intended to promote and maintain the overall well-being of individuals. These services may include health screenings, lifestyle guidance, preventive care, and other wellness-related interventions.
Lab Tests: We facilitate access to laboratory testing services, which involve the analysis and examination of biological specimens for diagnostic or research purposes. These tests are conducted by authorized laboratories and may include various types of medical, clinical, or genetic tests.
Delivery of Reports: Upon completion of diagnostic tests or examinations, we provide the service of delivering the test reports or results to the individuals or their authorized representatives through secure and reliable channels.
Technical Services: We offer technical services to support and enhance the delivery of our healthcare-related services. These services may include the maintenance of technological infrastructure, data management, security measures, software support, and other technical assistance necessary for efficient operations. (All or any of the services are restricted to the limitations for time, delivery, mode of practice and venue of service and consideration given to the user based on the circumstances which shall be communicated to the users separately on one to one communication basis, through an official representative of UzuHealth)
By ordering a service hereunder, the user accepts these terms and conditions and that these terms may be subject to change at any time and it is the user’s responsibility to check the terms and conditions prior to ordering such services for any amendments and/or alterations
All orders placed by the users shall be subjected to the written acceptance of UzuHealth and availability of the service
To enjoy the services provided on the website, users are required to submit their full name, age, contact number, gender, location, health issues and the concerned department they are looking for. (Basic details are to be kept safe and guarded under the certifications of UzuHealth and only medical and lab test reports will be shared to the assigned doctor whose consent is assumed to be given when a user chose to get a consultation with any of the listed doctors of medical practitioner)
Users are required to go through our privacy policy for details about information gathering and dissemination practices.
On receipt of the order by the user, UzuHealth shall confirm acceptance of the order in writing or by e-mail, SMS/WA/RCS & other mode of communication
UzuHealth will endeavour to comply with all applicable regulations and other legal requirements
Any claim by the user which is based on any non-performance of the services shall be notified to UzuHealth in writing within [10] days from the date of delivery of the services. If the user omits to notify the UzuHealth in accordance with this condition, UzuHealth shall have no liability for such non-performance. (upon confirmation and if found to be the fact the there has been non-performance to the user, Uzu health shall refund the amount in 10 working days from the day of confirmation of non-performance; which shall terminate any liabilities or any pending agreements between the user and Uzuhealth)
Conduction of Tests
4.1. Collection of Sample
4.1.1. Our website facilitates lab test bookings at partner labs for our users ("Users" or "End Users"). The responsibility of UzuHealth is limited to facilitating the booking of lab tests and providing the test reports to the Users.
4.1.2. UzuHealth shall not be involved in the collection of samples or conduction of tests. These processes are entirely the responsibility of our partner labs, and UzuHealth shall not be held liable for any issues, errors, delays, or any other matters related to the sample collection, testing, handling, or reporting of results by the partner labs.
4.1.3. The Users acknowledge that the partner labs have their own terms and conditions, privacy policies, and practices for sample collection, testing, and reporting. Users are bound by those terms when availing lab test services through our website.
4.1.4. The Users agree to comply with all instructions provided by UzuHealth and the partner labs regarding the lab test bookings, sample collection requirements, and any other relevant guidelines. Each diagnostic test necessitates that the User take certain steps (prior fasting etc.) before the sample is collected. UzuHealth expects that the End User complies with all such requirements. UzuHealth bears no responsibility towards any inaccurate or disparate results arising out of non-adherence with such requirements.
4.1.5. It is the responsibility of the Users to provide accurate and up-to-date personal and medical information during the booking process. UzuHealth shall not be held liable for any issues arising from inaccurate or incomplete information provided by the Users.
4.1.6. It is likely that User may be subject to specific medical or other conditions (e.g. – allergy, diabetic, haemophilic etc.) that may have adverse effects on the User in the course of collection of samples. It shall be the duty of the User to notify the lab technician, prior in time, of such specific medical or other conditions. Lab technician or UzuHealth is not responsible in any manner for any adverse effects suffered by the User due to such specific medical or other conditions of the User.
4.2. Partner Labs’ Liability:
4.2.1. The Users understand and agree that any issues, concerns, claims, or disputes related to the collection of samples, test conduct, accuracy of results, or any other lab-related matters are the sole responsibility of the partner labs. UzuHealth shall not be liable or accountable for any such matters.
4.2.2. In the event of any grievances or dissatisfaction regarding lab services, the Users agree to communicate directly with the respective partner labs and not hold UzuHealth responsible for any resolution.
4.2.3. UzuHealth shall undertake commercially reasonable efforts to ensure that the results, reports or diagnosis is made available within the turnaround time as communicated to the Users, which shall generally be within seven (7) business days. However, the User acknowledges that there are several factors that are not within the control or direct supervision of UzuHealth that contribute towards preparation of the report/result/diagnosis/ type of test and the partner lab's policies and as such the prescribed timeline is merely indicative.
4.2.4. The Users acknowledge that the turnaround time for lab test results is an estimate and may be subject to various factors, including the partner lab's workload, testing complexity, and unforeseen circumstances. Therefore, UzuHealth shall not be held liable for any delays in the delivery of test results.
4.2.5. By using our website and availing lab test booking services, the Users agree to be bound by these terms and conditions. It is recommended that Users carefully read and understand these terms before proceeding with any lab test bookings through UzuHealth. Our website facilitates lab test bookings at partner labs for our users ("Users" or "End Users"). The responsibility of UzuHealth is limited to facilitating the booking of lab tests and providing the test reports to the Users.
4.2.6. The User agrees and acknowledges that the Diagnostic Services shall be undertaken by using generally acceptable market practices and standards.
Health Counsellors at UzuHealth
UzuHealth, both directly and indirectly, collects information related to Health Counsellors profiles, contact details, and practices. UzuHealth reserves the right to remove any Health Counsellor's profile with or without prior notice. The purpose of collecting this information is to facilitate interaction with End-Users and other Users. If any information displayed on the Website regarding your profile is found to be inaccurate, you must promptly notify UzuHealth to allow for necessary amendments.
The Health Counsellor, with their basic medical knowledge, shall provide medical assistance and support within the limits of their training and qualifications. They acknowledge and agree that they are not licensed physicians and shall not engage in activities that require a Medical Practitioner's expertise or professional judgment.
Medical Practitioners at UzuHealth
UzuHealth, both directly and indirectly, collects information related to Practitioners' profiles, contact details, and practices. UzuHealth reserves the right to remove any Practitioner's profile and has the discretion to display Practitioners' profiles with or without prior notice. The purpose of collecting this information is to facilitate interaction with End-Users and other Users. If any information displayed on the Website regarding your profile is found to be inaccurate, you must promptly notify UzuHealth to allow for necessary amendments.
UzuHealth shall not be held responsible or liable to Users for any losses, damages, injuries, or expenses resulting from disclosures or publications made by UzuHealth when the User has explicitly or implicitly consented to such disclosures or publications. In the event that the User has revoked their consent as per the terms of the Privacy Policy, UzuHealth shall not be responsible or liable to the User for any losses, damages, injuries, or expenses arising from disclosures made by UzuHealth prior to receiving the revocation.
UzuHealth retains the right to moderate suggestions provided by Practitioners through feedback and has the authority to remove any abusive, inappropriate, or promotional content posted on the Website. However, UzuHealth shall not be held liable for the addition of inactive, inaccurate, fraudulent, or non-existent profiles of Practitioners on the Website.
Content Rights and Obligations
Pursuant to Regulation of the IG Rules, UzuHealth hereby notifies Users that they are prohibited from engaging in the following actions on the Website: Hosting, displaying, uploading, modifying, publishing, transmitting, updating, or sharing any information that:
Belongs to another person without proper authorization.
Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libellous, invasive of privacy, hateful, racially or ethnically objectionable, disparaging, related to or encouraging money laundering or gambling, or in any way unlawful.
Harms minors in any manner.
Infringes upon any patent, trademark, copyright, or other proprietary rights.
Violates any current applicable laws.
Deceives or misleads the recipient about the origin of such messages, or communicates grossly offensive or menacing information.
Impersonates 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, defence, security, or sovereignty of India, friendly relations with foreign states, public order, or incites the commission of any cognizable offense, or insults any other nation.
7.2. Users are further prohibited from:
Violating or attempting to violate the integrity or security of the Website or any UzuHealth Content.
Transmitting disruptive or competitive information (including job posts, messages, and hyperlinks) on or through the Website that interferes with the provision of Services by UzuHealth.
Intentionally submitting incomplete, false, or inaccurate information on the Website.
Initiating unsolicited communications with other Users.
Using any engine, software, tool, agent, or mechanism (such as spiders, robots, avatars, or intelligent agents) to navigate or search the Website.
Attempting to decipher, decompile, disassemble, or reverse engineer any part of the Website.
Copying or duplicating UzuHealth Content or other information from the Website.
Framing, hotlinking, or deep linking any UzuHealth Content.
Circumventing or disabling any digital rights management, usage rules, or other security features of the Software.
7.3. If UzuHealth becomes aware, either through its own discovery or notification by an affected person in writing or through an electronically signed email, of any information that contravenes Clauses 7.1 and 7.2, UzuHealth reserves the right to:
Disable such contravening information.
Preserve the information and related records for a minimum of 90 (ninety) days, to be produced to government authorities for investigation purposes.
7.4. In the event of a User's non-compliance with applicable laws, rules, regulations, or the Agreement (including the Privacy Policy), UzuHealth reserves the right to:
Immediately terminate the User's access or usage rights to the Website and Services.
Remove non-compliant information from the Website.
7.5. UzuHealth may disclose or transfer User-generated information to its affiliates or governmental authorities in compliance with applicable laws. By using the Website, Users consent to such transfers. The SPI Rules permit UzuHealth to transfer sensitive personal data or information, including any information, to any other body corporate or person in India or any other country that ensures the same level of data protection adhered to by UzuHealth under the SPI Rules, provided such transfer is necessary for the lawful performance of a contract between UzuHealth or its representative and the User, or with the User's consent.
7.6. UzuHealth respects the intellectual property rights of others and assumes no responsibility for any violations of intellectual property rights.
Termination
In the event of any of the following circumstances, UzuHealth reserves the right to suspend or terminate a User's access to the Website and the Services, with or without prior notice, and to exercise any other legal remedies available:
The User breaches any terms and conditions stated in this Agreement;
A third party reports a violation of their rights resulting from the User's use of the Services;
UzuHealth is unable to verify or authenticate any information provided by the User;
UzuHealth has reasonable grounds to suspect any illegal, fraudulent, or abusive activity on the part of the User; or
UzuHealth, at its sole discretion, believes that the User's actions may result in legal liability for the User, other Users, UzuHealth, or are contrary to the interests of the Website.
Once a User's access is temporarily suspended, indefinitely suspended, or terminated, the User is prohibited from further use of the Website under the same account, a different account, or by re-registering under a new account. Upon termination of an account due to the aforementioned reasons, the User will no longer have access to data, messages, files, and other materials stored on the Website. The User is responsible for maintaining continuous backups of any medical services rendered in order to comply with their own record-keeping processes and practices.
Limitation of Liability
In no event, including but not limited to negligence, shall UzuHealth, 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 or the content, materials and functions related thereto, the Services, User’s provision of information via the Website, 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;
any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Website;
any unauthorized access to or alteration of your transmissions or data; or
any other matter relating to the Website or the Service.
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 or the Services exceed, in the aggregate Rs. 1000/- (Rupees One Thousand Only)
Retention and removal
UzuHealth may retain such information collected from Users from its Website 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.
Applicable Law and Dispute Settlement
By agreeing to this Agreement, you acknowledge that the laws of India will govern any contractual obligations between UzuHealth and the User.
Any disputes, claims, or controversies arising from or related to this Agreement, including the determination of its applicability or scope for arbitration, as well as your use of the Website or Services and the associated information, will be resolved through arbitration in India. The arbitration will be conducted before a sole arbitrator appointed by UzuHealth and you mutually, following the guidelines set forth in the Arbitration and Conciliation Act, 1996. The arbitration proceedings will take place in Guwahati, and all communications and documents involved will be in English. The resulting award will be final and binding upon all parties involved in the dispute.
Except as specified in Clause above, any disputes arising from or relating to this Agreement, your use of the Website or Services, or the associated information, shall be subject to the exclusive jurisdiction of the courts in Guwahati.
Refund Policy
If the company is delayed or prevented from delivering the services due to circumstances beyond its control, the company reserves the right to cancel or suspend the contract without any liability (subject to providing the user with the appropriate refund in such an incident)
Whilst every effort will be made to meet the user’s individual requirements, UzuHealth shall be under no obligation to accept amendments or cancellation of any order or any part thereof. If cancellation is accepted by the company, any costs or expenses incurred by the company up to the date of cancellation and all loss or damage resulting from the cancellation will be paid by the user.
UzuHealth will ensure users are provided confirmed appointments on the book facility. However, UzuHealth has no liability if such an appointment is later cancelled by the practitioner, or the same practitioner is not available for appointment. In such a case, users shall be refunded the booking amount (exclusive of all taxes).
Refund will be granted, if UzuHealth is unable to process your request even after the payment which includes, the Medical Practitioner being not available within the time frame of 30 minutes of the appointed time, if the Medical Practitioner has been absent for that particular day, if the booking was cancelled without a prior notification of at least 40 minutes before the appointment time.
No refund will be initiated, if the User does payment through any other portal except the company payment option, if there are network issues from the User end which disrupts the communication which includes internet or any communication glitches.
The User will not be entitled for a refund if there are any unresolved matters or disputes in the Practitioner User relationship.
Contact Information Grievance Officer
If you have any query about this “Terms and Condition” or UzuHealth’s information collection, you may contact, the Data Protection Officer appointed by UzuHealth in accordance with the provisions of PDPA. Any request, questions or concern regarding our use of your personal information will be promptly addressed by us. If you have any grievance related to our use of your information, you may contact the Data Protection Department-
Name: Anuradha Chetia
Healbot Services Private Limited
House no 20, Boloram Bora Road,
Uzan Bazaar, Guwahati,
Assam.
Pin- 781003
Phone: +91 +917896857506
Email: info@uzuhealth.in
Waiver
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 UzuHealth. Any consent by UzuHealth to, or a waiver by UzuHealth 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.
