TERMS OF USE

Welcome to Digital Health Record platform of Qurhealth Solutions India Private Limited, an authorized licensee in the territory of India of QurHealth which is incorporated as QurHealth Inc. and part of Ventech Solutions, USA. The FHB suite services are provided by Qurhealth, located at Plot No. A-2, First Cross Road SIPCOT IT Park, Siruseri, Chennai – 603103, Tamilnadu. All references to Qurhealth (as well as “QHI”, “Company,” “we,” “us,” and “our”) include Ventech Solutions and its subsidiaries or affiliates involved in providing the goFHB Service. All Users (defined below in Section 1.16) of this goFHB Mobile App, Website and/or goFHB Portal (“goFHB Application”), and all related products and services made available through the goFHB Application (collectively, the “goFHB Service“), are subject to the following terms and conditions of use (these “Terms of Use” or “Terms“). Please read these Terms of Use and the privacy policy available at www.qurhealth.com carefully before accessing or using any part of the Service. By accessing, browsing, uploading, submitting and downloading information, and/or using the Service, User agrees that User has read, understood, and agrees to be bound by these Terms of Use, as amended from time to time, and to comply with all Applicable Laws including, without limitation, all state, and regulations, and/or directives, and agree to be bound by the Privacy Policy of QHI, which is hereby incorporated into these Terms of Use. If User does not wish to agree to these Terms of Use and/or the QHI Privacy Policy, User must not access or use any part of the Service.

The Information provided in the goFHB Application are provided solely for the purposes of (i) enabling QHI to provide the FHB suite services including goFHB Service and (ii) communication between the User and QHI. The information provided is intended to be general in nature and does not necessarily address all the terms, exclusions, and conditions applicable to our FHB suite services including goFHB Service.

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000 (together with any statutory amendments or modifications thereof). This electronic record is generated by a computer system and does not require any physical or digital signatures.

By using the goFHB Application, You represent and warrant that:

    1. You have the lawful authority and capacity to contract and be bound by these Terms;
    2. If You are accepting these Terms on behalf of a company, limited liability partnership or any other legal entity, You have the authority to bind such entity to these Terms and, in such event, “You” and “Your” as used in these Terms shall refer to such entity;
    3. You will comply with all applicable laws and regulations; and
    4. You are availing the FHB suite services within the Territory.

We do not warrant the accuracy, completeness, or usefulness of this information at any particular time. Any reliance the User places on such information is strictly at User’s own risk. QHI disclaims all liability and responsibility arising from any reliance placed on such content by User or any other user of our FHB suite services, or by anyone who may informed of any of its contents.

These Terms are published in compliance of and is governed by the provisions of Indian laws, including but not limited to the following (“Applicable Laws”):

    1. the Indian Contract Act, 1872;
    2. the (Indian) Information Technology Act, 2000 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;
    3. The (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011.; and
    4. Telemedicine Practice Guidelines dated 25th March, 2020 and National Medical Commission Act, 2019 and any regulations under the Indian Medical Council (Professional conduct, Etiquette and Ethics) Regulations, 2002 that are still in practise including any and all future re-enactments, modifications, amendments and substituting acts, as applicable
  1. DEFINITIONS
  • Application shall mean all applications falling under FHB suite of the Company
  • Consultants shall mean healthcare professionals or a medical provider (whether an individual professional or an organization) registered with the goFHB Application and availing the goFHB Service as listed on the goFHB Application from time to time.
  • Digital Health Record Data is any information of the Patient that is stored and generated in the Territory in the Application. It includes, but is not limited to:
  • Patient’s name and contact information, such as address, phone number, and email address including Personal Information;
  • Patient’s id, medical history, medications, conditions, and treatments;
  • insurance, bills and claims related to healthcare; and
  • Demographic information of the User including age, gender, occupation, and ethnicity;
  • Excluded Events means Scheduled Downtime and Force Majeure Events
  • FHB suite Services shall mean and include the goFHB Application, myFHB Application and all other services that the Company may provide on its Application. 
  • Force Majeure Event means any and all events beyond Company’s direct fault and control including, without limitation, acts of God, strikes, lockouts, riots, war, terrorism or other civil disturbance, earthquakes, weather, fires, explosions, epidemic, pandemic, disruptions of communications and other essential services, labor stoppages, computer viruses and malicious attacks.
  • goFHB Service shall mean and include the Services as set out in Clause 2.1. 
  • Licensors shall mean the licensor of the goFHB Application being QurHealth incorporated as QurHealth Inc and a part of Ventech Solutions.
  • Patients shall mean the patients who avail the Teleconsulting Services provided under the myFHB Application which is a platform of QHI that connects the Consultants and the Patients. 
  • Personal Information shall mean any information that identifies an individual from a larger group of individuals. Personal Information is inclusive of, but not limited to, the following categories:
  • Contact Data (such as Consultants e-mail address, phone number and account password);
  • Demographic Data (such as Consultants gender, Your date of birth and your zip code);
  • Data regarding Your usage of the goFHB Application and history of the appointments and other transactions made by or with You through the use of the goFHB Application; and
  • Details of Mode of Payment (such as your card/account number and expiration date of the card).

Please note that the above list is not an exhaustive list and is only an illustrative list and is without prejudice to our right to seek further Personal Information, as may be required for the provision of the goFHB Service to You.

  • Scheduled Downtime shall mean the downtime that is scheduled by the Company from time to time for the maintenance of the goFHB Application and as intimated by the Company on the goFHB Application from time to time.
  • Service Provider would mean and include data storage or software providers, essentially business entities that are hired to perform certain functions for QHI in order to support and enhance its implementation, development, and maintenance of the goFHB Service including FHB suite Services and/or the goFHB Application.
  • Teleconsulting Services shall mean telemedicine or video consult by the Consultant to the Patients via the goFHB/myFHB Application as applicable. 
  • Territory shall mean the whole of India.
  • Upgrades shall mean those subsequent releases of the goFHB Application and/or goFHB Service which are generally made available to Users of the goFHB Application and/or goFHB Service, as part of maintenance & support services at no additional charge.
  • User shall mean the Consultant (hereinafter be referred to as “You”, “Your” as applicable) availing the goFHB Service to enable the Consultant to provide Teleconsulting Services on the goFHB Application.
  1. SERVICES ON THE goFHB APPLICATION:
  • Everything offered on the goFHB Application, including but not limited to the below listed products and services, are collectively referred to in these Terms as the “goFHB Service”:
  • Registration of Users on the goFHB Application and creation of profiles;
  • Facilitation/enabling of:
  • (i) a platform to connect Users and the Patients;
  • (ii) appointment management of the Consultants i.e. allowing the Consultants to cancel, reschedule, view appointments;
  • (iii) viewing Patient information and Digital Health Records Data;
  • (iv) Teleconsulting Services experience i.e., enabling viewing of pre consultation notes, health vital recorded via real time monitoring devices, creation and modification of prescriptions while on call;
  • (v) access of other in-app chat features to connect with Patient such as restricting Patient view, sharing Patient database, etc;
  • (vi) Creation and management of in person and online management;
  • (vii) Management of appointments and schedules;
  • (viii) provision for the recording the Patient’s history, medical prescriptions and such other similar information; and
  • (ix) Any other services as we may deem fit.
  • Further, we may from time to time add other new services to the FHB suite Services, substitute a new service for one of the existing FHB suite Services, or discontinue or suspend one of the existing FHB suite Services. Any such amendments to the FHB suite Services will be subject to these Terms as well as any additional terms of use that We may release for those specific FHB suite Services. You agree that the Company will not be liable to You or any third party for any suspension or discontinuation of any of the FHB suite Services.
  • We may report to law enforcement authorities any actions that may be illegal, and any reports it receives of any illegal or unlawful conduct. When legally required or at our discretion, we will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this goFHB Application.
  1. USER ACCOUNT
  • You are not obligated to register with the Company in order to simply visit and view the goFHB Application. However, to access and participate in certain goFHB Service which are only available to users who are registered on the goFHB Application, the Users are required to register and create a password protected user account (“User Account”). User should ensure to provide their accurate and complete information when the User register for the goFHB Service (“Registration Data”). The Users are responsible for the security of password credentials and for any use of their account. The User is responsible for all activities that occur under his/her account and agrees to notify QHI immediately of any unauthorized use of User’s account. QHI is not responsible for any loss that User may incur as a result of any unauthorized person using the User Account or Registration Data.
  • Upon the creation of a User Account, the User will have the option to upgrade to a premium account within 90 days from the creation of the User Account (“Trial Period”). At the end of the Trial Period, the User shall be liable to pay the applicable subscription fees (“Subscription Fee”) depending on the account updated.
  • The Company does not have any refund policy. You can stop payment of the Subscription Fee at any point in time to discontinue using our service. At such point, Your subscription shall last until the end of Your subscription period and at the end of which You shall be moved to a plan as may be subscribed by You from time to time
  • By registering and creating Your Account on the goFHB Application, You agree to:
  • accept all risks of unauthorized access to the Registration Data and any other information You provide on the goFHB Application;
  • not authorize, assign or otherwise transfer the User Account to any other person or entity;
  • operate through the User Account and in no event use another User’s account for any purpose or objective; and
  • be responsible for all activity on Your User Account and to use and operate the same in accordance with Applicable Laws
  • The User will be responsible for all information uploaded by the User on the goFHB Application and shall be responsible for all information downloaded by the User from the goFHB Application
  • By creating a User Account, You expressly consent to the use of: (a) electronic means to accept these Terms and to provide You with any notices given pursuant to these Terms; and (b) electronic records to store information related to these Terms and/or Your use of the goFHB Service and the goFHB Application
  • Except during your interactions with the Patient while providing Teleconsulting Services on the Application (“Counselling Sessions”) which are not recorded, all communications transmitted through the goFHB Application, including without limitation QHI’s messaging platform, may be monitored for quality assurance, training and other purposes. By accepting these Terms, You consent to any such monitoring. Similarly, all messages transmitted through QHI’s secure messaging platform are saved and become part of Your Account.
  1. USE OF THE SERVICE
  • Counselling Session Appointments:
  • The Consultant shall abide by the time slots accepted by him/her as reflected in the profile of their User Account.
  • The Consultant agrees to make all reasonable efforts to call the Patient as per the fixed appointment time slot. The Consultant should try to be punctual and adhere to the time slot of the Counselling Sessions as reflecting in their time slot of their User Account.
  • Further, the Consultant shall try to ensure that the Patient experiences a highly satisfying and reassuring user experience with respect to the Counselling Session especially for Patients who are engaging the Consultant for the first time.
  • In the event that the Consultant foresees any delay in commencing a Counselling Session per the agreed time slot, the Consultant shall promptly notify the delay and the rescheduled time to the Patient.
  • The Consultant may at their own discretion cancel any Counselling Session at any point in time. However, the Consultant shall ensure that the same is notified to the Patient promptly and the cancellation fee shall be as set out in Clause 4.3.3 below.
  • Any reminder or notification service with respect to the Counselling Sessions of the Consultants is only a supplementary way of notifying or reminding the Consultant of his schedule and the Company is not liable if for any reason a reminder or notification is not delivered to the Consultant or are delivered late or delivered incorrectly, despite its best efforts.
  • The Consultant agrees and understands that the Company makes no promise or guarantee for any uninterrupted communication and the Consultant shall not hold the Company liable, if for any reason, the communication is not delivered to the Patient(s), or are delivered late or not accessed, despite the efforts undertaken by the Company.
  • Documentation for Counselling Sessions
  • The Consultant agrees and undertakes that in order to consider a Counselling Session to be complete and successful the Consultant shall mandatorily ensure the completion of summary via the e-prescription module to all Patients. The recommended contents (at least one) of the said consultation summary are as follows:
  • Summary of presenting illness
  • Provisional diagnosis
  • Medicine posology including side effects if any
  • Diagnostics
  • Lifestyle changes
  • Other instructions if any
  • Referral for physical consultation (if necessary)
  • Where the Consultant learns that a physical consultation is mandatory for accurate diagnosis and resolution of the case, the Consultant shall be required to direct the patient for physical evaluation along with required information via the prescription module.
  • Consultant Fee:
  • Upon successful completion of a Counselling Session per the Terms contained herein by the Consultant the Consultant shall be eligible for a fee which shall be arrived at after applying the applicable goFHB Application fees, internet fees and other applicable taxes (“Consultant Fee”). The Consultant Fee shall on a weekly/monthly, as per QHI payment policies be credited to the bank account of the Consultant via electronic fund transfer. The Consultant Fee shall be exclusive of all taxes and shall be subject to tax deductions per Applicable Laws.
  • All information with respect to the Consultant Fee payable to the Consultants shall be available on their profile of their respective registered User Account under the transaction tab and the same can be viewed by the Consultant in the goFHB Application.
  • Any change to the Consultant Fee shall be applicable only from the subsequent Counselling Session that the Consultant may accept to and not any prior Counselling sessions that have been already scheduled.
  • The User agrees and undertakes that any disputes regarding refund of Consultant Fee eligible per the terms, shall be made within 30 days from the date of the Counselling Session failing which no further dispute regarding such refund shall be raised. 
  • Cancellation Fee: In the event that a Consultant charges a cancellation fee for his/her Counselling Sessions subject to the Consultant uploading the details of such cancellation fee on the Application in advance, failing which the Patient shall be entitled to a full refund of the Consultant Fee. In case the Consultant uploads a cancellation fee then the following policy on cancellation fees shall apply
  • In the event that the Consultant cancels a Counselling Session at any point of time, the Patient shall be entitled to 100% refund of the Consultant Fee payable by the Patient to the Consultant;
  • In the event that a Patient cancels a Counselling Session 24 hours prior to such Counselling Session, the Patient shall be entitled to 100% refund of the Consultant Fee payable by the Patient to the Consultant;
  • In the event that a Patient cancels a Counselling Session less than 24 hours the Patient shall be subject to a cancellation fee as maybe determined by the Consultant and updated on their profile.

Accordingly, the Consultant shall update the Company of its cancellation policy from time to time and configure the same on its profile in their respective User Account.

  • In the event, the Consultant fails to provide a consultation summary or an e-prescription to the Patient the Consultant shall not be eligible for a Consultant Fee.
  • The Consultants agree and acknowledge that QHI uses third-party payment processors (“Payment Processors”) for any payments made with respect to the Teleconsulting Services on the goFHB Application. The processing of all payments will be subject to the terms, conditions and privacy policies of the Payment Processors in addition to these Terms. It is further agreed and acknowledged that neither the Company nor any of its directors, shareholders or other representatives shall be liable to the Consultants under any circumstances for any direct, indirect, punitive, incidental, special or consequential damages that result from or arise out of use of the Payment Processors
  • E-prescription
  • The Consultant agrees to provide e-prescriptions to the Patients only via the prescription module in the goFHB Application.
  • The Consultant agrees and undertakes that all medication/drugs prescription prescribed by him/her in the e-prescriptions shall be those that are approved by regulatory authorities and is in no way banned under Applicable Law. The Consultant shall not prescribe, medical termination of pregnancy medication, sedatives, hypnotics, opioids, schedule X drugs, or fourth generation antibiotics. If any such drugs are indicated for treatment for a given consultation, the Consultant shall refer the Patient for a physical consultation.
  • The Consultant agrees and undertakes that each time a new e-prescription is generated or populated by the Consultant while providing Teleconsulting Services, the Consultant shall confirm the e-prescription by affixing the Consultant’s signature either explicitly or implicitly.
  • The Consultant hereby agrees and covenants to be responsible and liable for (a) content of e-prescription and (b) the authenticity of his signature signed electronically. In addition to any indemnity warranties provided else-where in the Terms, the Consultant hereby agrees to hold the Company, its officers, employees, agents and affiliates harmless from any claims, damages, losses or penalties arising out of any third party claims in connection with the validity of the e-prescription, its content and/or electronic signature.
  • QHI and its associated services are not responsible for any inaccuracies that might be in prescriptions, medications, methods of medications, and other health-related documents provided to the Patient by the Consultants. There will be provisions given to the patient within the service to renew or request a renewal of prescriptions from Consultants. It is on the Patient’s disposal to verify that the obtained prescription is towards intended medication, review all instructions and labels, and contact Consultants for any concerns or questions related to the medication.
  • General Covenants relating to Counselling Sessions:
  • In the event that the Consultant fails to comply with the Applicable Law while providing the Teleconsulting Services on the goFHB Application, the Consultant shall not be eligible to receive the Consultant Fee and shall not dispute the decision of the Company with respect to the same.
  • The Consultant shall ensure that they respond to Patient’s health concern diligently. The Consultant should try to be punctual and adhere to the time slot of the Counselling Sessions as reflected in their time slot of their User Account.
  • The Company does not provide recording of Counselling Sessions. However, the Consultant may refer to the chat threads and Patient records including the Digital Data Health records like prescriptions, medical records etc., for future reference while providing the Teleconsulting Services.
  • In the event the Consultant learns about any physical abuse, sexual misconduct (especially in minors), or any attempt of the Patient to self-harm himself/herself, the Consultant agrees to report such events to the Company via email DocSupport@qurhealth.in immediately or if the situation mandates to the jurisdictional police or any other concerned governmental authority. In no event will the Company will held liable or responsible for such actions by the Patients.
  • The Service will generally be available to You except during Excluded Events.
  1. REPRESENTATION AND WARRANTIES OF THE CONSULTANT:
  • He/she has read, understood and shall comply with the Telemedicine Practice Guidelines dated 25th March, 2020 and any all other related laws, rules, regulations and guidelines along with any amendments made thereto from time to time (“Guidelines”). The Telemedicine Practice Guidelines may be found at: https://www.mohfw.gov.in/pdf/Telemedicine.pdf. The Consultant shall keep the Company, its directors and officers indemnified from any loss, damage or claim arising from their breach of the terms of the Guidelines or any applicable law.
  • That he/she holds valid medical licenses and have no pending medical misconduct cases against them.
  • He/she they have completed the mandatory online/ offline courses and trainings.
  • He/she agrees and undertakes that the inclusion of Consultants on the Application does not imply recommendation or endorsement of such Consultant by the Company nor is such information intended as a (i) search tool for the Patient for identifying doctors/professional available in a specific field of medicine and/or (b) tool for the Patient for verifying the credentials, qualifications, or abilities of any professional contained therein and/or (c) as a platform for marketing the services of the Consultant.
  • He/she shall not solicit/advertise for business on the Application in a manner that is contradicting to the Applicable Laws/rules, regulations or such guidelines or advisory as updated by the authorities from time to time.
  • In case the National Medical Commission or any other authority as recognised by the government of India (“NMC”) blacklists the User for being in breach of the Guidelines or the Regulation (“Blacklisting”), the Consultant shall immediately notify the Company of the same failing which the Company reserves the right to suspend/terminate the Account of the User at its sole discretion. The Consultant agrees to indemnify the Company from and against all claims and losses suffered by the Company on account of the delay/non communication of the blacklisting by the Consultant.
  • that he/she shall be up to date with the Patient’s past medical history and take the same into account at the time of the Counselling Session.
  • All personal and professional information mentioned by the Consultant as part of their profile information is true to the best of their knowledge. Any issues/disputes arising out of the false information provided (inadvertently or otherwise) will be the responsibility of the Consultants and subject to restrictions of access to the services of the Company.
  • The Consultant shall promptly reply to the Patient after receiving Patient’s communication. In case of non-compliance with regard to adhering to the Applicable Laws/rules/regulations/guidelines by the Consultant, the Company shall have the right to replace such Consultants for the purpose of consultation to the Patient.
  • If the Consultant’s performance on the Company’s goFHB Application is not compliant with the expected Guidelines or the Consultant is found to be misusing the goFHB Application, the Consultant may result in losing the privilege of using the feature & the platform.
  • The Consultant agrees not to request for images or video of the Patient’s private body parts in any manner whatsoever until and unless all other options have been exhausted to diagnose the Patient’s condition and it is absolutely necessary to arrive at a probable diagnosis.
  • The Consultant shall ensure that the e-prescription aligns with the Guidelines and all other Applicable Laws. Further the Consultant agrees and undertakes that, the Company shall not be liable for any errors in any e-prescriptions prescribed by the Consultants nor be liable for any such claims made by third party regarding such prescriptions and the Consultant agrees to indemnify the Company for any such claims.
  • The Consultant shall ensure that, the Counselling Session is treated as an in-clinic consultation and provide advice to the best of Consultant’ knowledge.
  • The Consultant shall prescribe medicines only in accordance with the Guidelines and any other Applicable Law from time to time.
  • The Consultants are also responsible for obtaining Patient consent and complying with any and all privacy laws applicable to the use of this Service with the Patient. The Consultant agrees to protect the privacy and security of all Patients and not to make independent recordings of Counselling Sessions, capture images, or take screen shots or record voice or data or similar or use the Personal information of the Patients other than for the Counselling Sessions.
  • The Consultant further agrees and undertakes that he/she shall conduct themselves with utmost professionalism during the Counselling Sessions and refrain from any kind of personal interactions.
  • The Consultant further agrees and undertakes that the information that is disclosed by the Patient during the Counselling Sessions is personal information and is subject to all applicable privacy laws
  1. NOT AN EMERGENCY SERVICE
  • The Consultant is required to advice the Patient that the Teleconsulting Services is not intended to replace the relationship between the Patient’s doctor and the Consultant shall always advice the Patient to confirm the diagnosis, treatment and prescription whenever the Patient is able to come to the hospital for a physical consult.
  • The goFHB Service are a complementary service offering the advantages of convenience and accessibility to a broad range of healthcare services. QHI does not currently provide any emergency medical services. Hence it does not qualify as an emergency medical services provider.
  1. USE OF USER INFORMATION
  • The Personal Information that we collect at QHI is processed and shared with authorized organizations/individuals only as permitted by the QHI Privacy Policy, QHI Terms of Use, and as per Applicable Law. The processes that we use to manage our operations are governed by extensive technologies that enable data security and help prevent any type of unauthorized access and use. These security technologies include, but are not limited to latest encryption technologies accompanied by detailed security workforce training. Further the Company will always use minimum, industry standard technical and organizational security measures to transfer, store, and process Digital Health Record Data. These measures are designed to protect the integrity of Digital Health Record Data and guard against the unauthorized or unlawful access to, use and processing of Digital Health Record Data.
  • The goFHB Application also provides You with features like photo thumbnails, document previews, easy sorting, sharing and searching. These and other features may require Our systems to access, store and scan Digital Health Record Data and/or Personal Information. You give Us permission to do those things and this permission extends to our affiliates and trusted third parties we work with.
  1. PROVIDER ACCESS
  • As part of these Terms, the Consultant may use our goFHB Service to communicate with the Patient. The Patient may also authorize such Consultants to provide his/her Digital Health Record Data to QHI for use in our operations related to healthcare research and management. In this regard, Patients must understand that if and when the Patient authorizes the Consultants, then the Consultants and other authorized users can use the FHB suite Services to communicate with him/her and also access his/her Digital Health Record Data. In addition, any decision to use the FHB suite Service in the above said ways is voluntary. Also the Consultants can use this digital medium to share data with the Patients to which the Patients can either accept to receive data or deny them.
  • QHI cannot be held responsible for acts of misuse or misidentification by the Consultants whom the Patient has given authorization. In such cases, QHI’s sole responsibility would be, on further investigation, if proved, to discontinue access to such entities or individuals. In all cases, QHI relies on authorized Consultants to confirm that they meet the relevant criteria to use our FHB suite Services.
  • QHI relies on the User to make appropriate decisions with respect to the authorization of individuals, and Patients. It is not in QHI’s obligation to review or assess, perform background checks of the User or the Patient.
  • The Patient can revoke the permission given to the Consultants with respect to use, access of the Patient’s Digital Health Record Data via communications made through the Application between Patient and the Consultant.
  1. THIRD-PARTY CONTENT & SERVICES
  • There will be the availability of third party services within the goFHB Service of QHI.
  • Third-party content and services are not under the control of QHI, and QHI is not responsible for the contents of any third-party content or services. QHI does not make any representations or warranties concerning their service quality or accuracy. QHI does not endorse any third-party Service Providers, products, services, opinions, or websites accessed through or using the FHB suite Services of QHI. QHI is not responsible if third-party content or services are not working correctly, or for any viruses, malware, or other harms resulting from User’s use of third party content or services. QHI is providing these third-party services to User only as a convenience, and the inclusion of any third-party content or services does not imply endorsement by QHI of the service or content or any association with its operators. USE OF THIRD-PARTY SERVICES AND RELIANCE ON THEIR CONTENT IS SOLELY AT USER’S OWN RISK. QHI SHALL NOT BE HELD LIABLE FOR ANY DAMAGES ARISING OUT OF OR RELATED TO USER’S USE OF ANY THIRD-PARTY SERVICE OR CONTENT.
  1. QHI PROPRIETARY RIGHTS
  • The Company is entitled to use the Consultant’s name and logo, including trademarks (collectively, “Marks”) on the Application and the Company’s marketing materials. The Company will be permitted to issue press releases of any kind referencing the Consultant and the Marks. However, in the event that the Consultant wishes to use the Company’s name, logo or trademarks or similar intellectual property, the Consultant shall obtain a written permission from the Company for such usage and/or to participate in any press releases for any advertisement, publicity, or promotion.
  • All proprietary rights of the FHB suite Services including goFHB Service /goFHB Application and all content and technology related to QHI, with the exclusion of User personal data pertaining to the Digital Health Record Data, is owned by Ventech solutions and its Licensors, and are protected by copyrights, trademarks, or are subject to other proprietary rights. QHI grants a personal, revocable, non-assignable, and non-exclusive license to the User to use the goFHB Service / goFHB Application in accordance with the QHI Terms of Use. User is not permitted to use the goFHB Service /goFHB Application or Content in any manner, except as expressly permitted by QHI in these Terms of Use. Unless a prior written consent is provided by QHI, User must not publicly display or perform, store, transmit, republish or distribute, copy, modify or create derivatives of any proprietary material belonging to the goFHB Service /goFHB Application of QHI. Unless explicitly expressed, a User cannot claim right, title, or license to any of the services provided by QHI. QHI reserves the right to prevent access should the User be using the goFHB Service /goFHB Application with an incompatible or unauthorized device.
  • User Content. Any content, data information including Personal Information that Users creates uploads, or owns or to which Users have a license and use on the Service is “User Content”. In sharing User Content on the goFHB Service and on the goFHB Application, User warrants and represents User has the legal right to use User Content and grant the QHI an irrevocable, royalty-free, worldwide, non-exclusive license to use User Content in providing any goFHB Service /goFHB Application as described in these Terms and in any posted policies on the FHB suite services/goFHB Application. The goFHB Service /goFHB Application may also provide User with features like photo thumbnails, previews, easy sorting, editing, sharing, creating templates, and searching. These and other features may require QHI systems to access, store, and scan User Content. User may also be able to share User Content with others, therefore the User shall be responsible and diligent on the nature of User Content that he/she shares on the goFHB Application.
  • User acknowledges and agrees that User is solely responsible for complying with the applicable restrictions on the use of all content, copyrighted materials, and trademarks that User sees, hears and uses on the goFHB Service. The User understands that any unauthorized use of such intellectual property would result in irreparable injury for which money damages would be inadequate. The User further acknowledges that, in the event of any such unauthorized use, QHI or the applicable intellectual property owner will have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief to prevent any such unauthorized use.
  • Questions regarding the use of any intellectual property provided on the goFHB Service should be directed to info@qurhealth.in
  1. RESTRICTIONS ON USE
  • The User agrees that his/her use of the goFHB Service, submitting content to the goFHB Service, accessing the content from/through the goFHB Service should not violate the Applicable Laws, regulations, and ordinances, including any laws with respect to the export of software and data.
  • User specifically agrees not to commit the following
  • Use any device, software or routine that disturbs the normal, usual, proper working of the goFHB Service,
  • Intercept or attempt in any way to intercept emails or messages not intended to User,
  • Take any action that causes a disproportionately or otherwise unreasonably large load on QHI’s infrastructure and/or networks,
  • Causing reload, or refresh transactional pages, or make any sort of request to transactional servers, more than once during any three second interval,
  • Upload to or transmit through the goFHB Service or using the goFHB Service for any obscene, indecent, inappropriate, violent, any sort of objectionable content or material,
  • Use the goFHB Service or transmit through the goFHB Service any sort of content/material that violates the copyrights of any individual or organisation,
  • use the goFHB Service to violate the laws of any jurisdiction or violate the legal rights of others including but not limited to rights to privacy and rights to publicity,
  • Upload to or transmit through the goFHB Service, or using the goFHB Service/goFHB Application for any business solicitations or advertisements except as per the Applicable Laws
  • causing inhibition or disruption to the use of the goFHB Service by others including but not limited to disturbing the normal flow of dialogue, causing the screen to scroll faster in a way other Users are not able to type, acting in ways that affects/disrupts the real time activities of the Users,
  • Upload or transmit files using the goFHB Application and/or the goFHB Service and/or through the goFHB Application and/or the goFHB Service, that contain corrupted data such as virus or malware,
  • collect information about others including but not limited to email addresses without the respective person’s consent,
  • download or include any sort of software, files or links in the message that the User knows or have reason to believe, cannot be legally distributed through or over the goFHB Application or the goFHB Service or that the User have a contractual obligation to keep the supposed software or file or material or content confidential (notwithstanding its availability on the Service),
  • Engage in Spamming or in other similar activities, illegal activities of any sort or discuss a motive/intent to commit such illegal acts,
  • falsify or delete any author attributions, labels of the origin or any software source, any legal or other proper or official notices, and proprietary designations,
  • access the goFHB Application and /or goFHB Service by way of interfaces not provided by the  FHB suite services,
  • create, transmit or display any information including but not limited to health, that the User does not own or possess the right to use,
  • engage in ways that limits, or restricts or disrupts anyone’s access or use of the goFHB Service,
  • engage in ways that causes harm to QHI and its Users and might expose them to any sort of liability,
  • disobey any policy or regulations including but not limited to any code of conduct among other guidelines established from time to time regarding the use of this goFHB Service or any networks connected to the goFHB Service,
  • misrepresent an affiliation with any individuals or organisation,
  • post hyperlinks to sites in messages sent using the goFHB Service or through the FHB suite Services the contents of which could fall in any of the description set forth in this section
  • not copy, modify, adapt, translate, or reverse engineer any portion of the goFHB Application, its content or materials and/or the FHB suite Services. You will not use the goFHB Application to develop, or to assist anyone in developing a competitive platform, service or for other competitive purposes.
  1. TERMINATION
  • These Terms will continue to apply until terminated by either You or Us as set forth below.
  • Termination by You: If You wish not to be bound by these Terms, You may terminate your relationship with Us by (i) intimating to us in writing of such intention of termination (ii) not accessing the goFHB Application; and/or (iii) deleting Your Accounts (if any). Upon any termination by You, your account/ Consultant profile, as applicable will no longer be acces Any cancellation request has to be in writing to the email at DocSupport@qurhealth.in.
  • Termination by Us: The Company may at its discretion and at any time with or without notice, terminate or suspend the Terms, with or without cause if:
    1. You breach any of the provisions of the Terms, the Privacy Policyor any other terms, conditions, or policies that may be applicable to You;
    2. The Company has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such End User;
    3. A third party reports violation of any of its right as a result of Your use of the goFHB Service
    4. The Company is required to do so in accordance with Applicable Law; or
    5. The Company has elected to discontinue, with or without reason, access to the goFHB Application (or any part thereof) either in general or specifically to You.
  • In the event of Blacklisting of the Consultant as intimated by the Consultant per Clause 5.6, the Company shall suspend the Account of the Consultant for the period until such time the Consultant is blacklisted per the NMC.
  • The Company shall not be liable to You or any third party for any such termination.
  • Consequences of Termination:
  • Upon request of The Company or upon termination of the Terms, Consultant shall promptly deliver to the Company any and all documents, notes, or other physical embodiments of or reflecting the Confidential Information (including copies thereof), if any that are in possession or control of the Consultant.
  • Upon the deactivation of the Account or once the access to the Account is restricted on termination, we will maintain the Digital Health Record Data per Applicable Laws and our current policies and if required maintain the same in the de-identified form.
  • QHI cannot assume any liability for any removal of any information from its FHB suite services or the cessation/suspension of the Teleconsulting Services by the Consultant on account of the deactivation of the account.
  • The licences granted to You in terms of these Terms shall stand terminated effective immediately.
  • Any suspension, termination, or cancellation will not affect Your obligations to the Company under these Terms which by their nature are intended to survive such suspension, termination, or cancellation. For example, but not by way of limitation, upon any such suspension, termination, or cancellation the provisions of Section 10 (QHI Proprietary Rights), Section 14 (Disclaimer and Exclusion of Warranties), Section 15 (Limitation of Liability and Indemnity) and Section 18 (Governing Law) shall survive and remain in full force and effect
  1. CHANGES TO THE TERMS OF USE
  • We may update this Terms of Use from time to time. The updated version will be indicated by an updated “Revised” date, and the updated version will be effective as soon as it is accessible. The Company reserves the right to modify these Terms of Use in any manner, from time to time, entirely at its own discretion, with or without any notification to you. The Company shall be under no obligation to notify or intimate the implementation of any modifications to the Terms of Use at any time. You are responsible for checking the Terms of Use periodically to remain in compliance with these terms at all times. Your access to and use of the goFHB Application after any amendment to the Terms of Use shall constitute your deemed acceptance of such modified terms. We encourage you to review this Terms of Use frequently to be informed of how we are protecting your information. 
  1. DISCLAIMER AND EXCLUSION OF WARRANTIES
  • THE goFHB APPLICATION AND THE goFHB SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NEITHER QHI NOR ANY OF QHI’S LICENSORS MAKES ANY EXPRESS WARRANTIES, AND EACH OF THEM DISCLAIMS ALL IMPLIED WARRANTIES WITH RESPECT TO THE SERVICE, INCLUDING IMPLIED WARRANTIES OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NEITHER QHI NOR ANY OF QHI’S LICENSORS MAKES ANY WARRANTY THAT THE CONTENT IN THE goFHB SERVICE OR ANY FHB SUITE SERVICES SATISFIES GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS. CONTENT IN THE goFHB SERVICE OR ANY FHB SUITE SERVICES IS DEVELOPED FOR USE IN INDIA, AND NEITHER QHI NOR ANY OF QHI’S LICENSORS MAKES ANY REPRESENTATION CONCERNING THE CONTENT WHEN USED IN ANY OTHER COUNTRY. NOTWITHSTANDING ANY PROVISION CONTAINED HEREIN TO THE CONTRARY, QHI AND ITS THIRD-PARTY LICENSORS MAKE NO REPRESENTATION, WARRANTY OR COVENANT CONCERNING THE ACCURACY, QUALITY, SUITABILITY, COMPLETENESS, SEQUENCE, TIMELINESS, SECURITY OR AVAILABILITY OF THE goFHB SERVICE OR ANY FHB SUITE SERVICES OR ANY CONTENT POSTED ON OR OTHERWISE ACCESSIBLE VIA THE goFHB SERVICE OR ANY FHB SUITE SERVICES.
  • QHI AND ITS THIRD-PARTY LICENSORS ARE NOT LIABLE FOR THE DEFAMATORY, OBSCENE OR UNLAWFUL CONDUCT OF OTHER THIRD PARTIES OR USERS OF THE goFHB SERVICE OR ANY FHB SUITE SERVICES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER. NEITHER QHI NOR ANY OF ITS THIRD-PARTY LICENSORS REPRESENT, WARRANT OR COVENANT THAT THE goFHB SERVICE OR ANY FHB SUITE SERVICES WILL BE SECURE, UNINTERRUPTED OR ERROR-FREE. QHI FURTHER MAKES NO WARRANTY THAT THE goFHB SERVICE OR ANY FHB SUITE SERVICES WILL BE FREE OF VIRUSES, WORMS OR TROJAN HORSES OR THAT IT WILL FUNCTION OR OPERATE IN CONJUNCTION WITH ANY OTHER PRODUCT OR SOFTWARE. USER EXPRESSLY AGREES THAT USE OF THE SERVICES IS AT USER’S SOLE RISK AND THAT QHI, ITS AFFILIATES AND THEIR THIRD-PARTY LICENSORS SHALL NOT BE RESPONSIBLE FOR ANY TERMINATION, INTERRUPTION OF THE goFHB SERVICE OR ANY FHB SUITE SERVICES, DELAYS, ERRORS, FAILURES OF PERFORMANCE, DEFECTS, LINE FAILURES, OR OMISSIONS ASSOCIATED WITH THE goFHB SERVICE OR ANY FHB SUITE SERVICES OR USER’S USE THEREOF. USER’S SOLE REMEDY AGAINST QHI FOR DISSATISFACTION WITH THE goFHB SERVICE OR ANY FHB SUITE SERVICES OR THE CONTENT IS TO CEASE USE OF THE goFHB SERVICE OR ANY FHB SUITE SERVICES AND/OR THE CONTENT.
  • QHI WILL NOT BE LIABLE OR RESPONSIBLE TO THE PATIENT OR ANY OF THE PATIENTS’ SUCCESSORS OR LEGAL HEIRS OR FAMILY MEMBER WITH RESPECT TO THE TELECONSULTING SERVICES PROVIDED BY THE CONUSLTANT ON THE APPLICATION (INCUDING ANY PROGNOSIS, DIAGNOSIS, MEDICAL ADVICE, MEDICATION PRESCRIED ON THE E-PRESCRIPTION) AND THE CONSULTANT SHALL INDEMNIFY AND HOLD HARMLESS QHI, ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, PROCEEDINGS, PENALTIES, DAMAGES, LOSS, LIABILITY, ACTIONS, COSTS AND EXPENSES (INCLUDING BUT NOT LIMITED TO COURT FEES AND ATTORNEY FEES) ARISING DUE TO THE TELECONSULTING SERVICES PROVIDED BY CONSULTANT, VIOLATION OF ANY LAW, RULES OR REGULATIONS BY THE CONSULTANT OR DUE TO SUCH OTHER ACTIONS, OMISSIONS OR COMMISSIONS OF THE CONSULTANT.
  • THE CONSULTANT UNDERSTANDS THAT THE COMPANY MAKES NO PROMISE OR GUARANTEE FOR THE NUMBER OF COUNSELLING SESSIONS THAT WILL BE BOOKED FOR A CONSULTANT ON THE goFHB APPLICATION.
  • THE CONSULTANT FURTHER UNDERSTANDS THAT, THERE IS A RESPONSIBILITY ON THE CONSULTANT TO PROVIDE ACCURATE INFORMATION TO THE PATIENT, AS THE CONSULTANT WOULD HAVE DONE SO TO ANY OTHER PATIENT OF HIS, HOWEVER NO DOCTOR-PATIENT RELATIONSHIP IS ESTABLISHED PURSUANT TO INTERACTIONS.
  • IT SHALL BE THE RESPONSIBILITY OF THE CONSULTANT TO ENSURE THAT THE INFORMATION PROVIDED BY PATIENT IS ACCURATE AND NOT INCOMPLETE AND UNDERSTAND THAT THE COMPANY SHALL NOT BE LIABLE FOR ANY ERRORS IN THE INFORMATION INCLUDED IN ANY COMMUNICATION BETWEEN THE CONSULTANT AND PATIENT.
  1. LIMITATION OF LIABILITY AND INDEMNITY
  • NEITHER QHI NOR ANY OF ITS LICENSORS MAY BE HELD LIABLE UNDER THIS AGREEMENT FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH USE OF, OR INABILITY TO USE, THE goFHB SERVICE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, WRONGFUL DEATH, LOST PROFITS OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN SERVICE, WHETHER OR NOT THERE IS NEGLIGENCE BY QHI AND WHETHER OR NOT QHI HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. NEITHER QHI NOR ANY OF ITS LICENSORS MAY BE HELD LIABLE UNDER THIS AGREEMENT FOR MORE THAN THE CONSULTANT FEE RECEIVED BY THE USER FOR THAT PARTICULAR COUNSELLING SESSION BY ACCESSING THE goFHB SERVICE OR ANY FHB SUITE SERVICES SUBJECT TO THESE TERMS OF USE, USER UNDERSTANDS THAT USER IS WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED,
  • USER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS QHI AND ITS AFFILIATES, LICENSORS, FROM AND AGAINST ANY CLAIMS, LIABILITIES, DAMAGES, JUDGMENTS, AWARDS, LOSSES, COSTS, EXPENSES OR FEES (INCLUDING REASONABLE ATTORNEYS’ FEES) ARISING OUT OF OR RELATING TO USER’S VIOLATION OF THESE TERMS OR THEIR USE OF THE goFHB SERVICE OR ANY FHB SUITE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY USE OF THE goFHB SERVICE THE USER CONTENT PROVIDED ON THE goFHB APPLICATION, OR PRODUCTS OTHER THAN AS EXPRESSLY AUTHORIZED IN THESE TERMS OR USER’S USE OF ANY INFORMATION OBTAINED FROM THE goFHB SERVICE OR ANY FHB SUITE SERVICES.
  1. CONFIDENTIALITY
  • Consultant agrees to keep confidential all data regarding the goFHB Application including any technical data, software information/updates, the Digital Health Record Data, the Personal Information and any other information on the goFHB Application (the “Confidential Information”).
  • Consultant shall at all times protect and safeguard the Confidential Information and agrees not to disclose, give, transmit or otherwise convey any Confidential Information, in whole or in part, to any other person.
  • Consultant agrees that it will not use any Confidential Information for its own purpose or for the benefit of any third party and shall honour the copyrights and other intellectual property rights of the Company and will not copy, duplicate, or in any manner reproduce any such copyrighted materials.
  • The confidentiality obligations of the Consultant as mentioned herein will survive termination or expiration of the Terms. The Company has the right to take such action it deems necessary to protect its rights hereunder, including, without limitation, injunctive relief and any other remedies as may be available at law or equity. 
  1. “SHEELA” PERSONAL VOICE AI ASSISTANT 
  • The Company provides healthcare voice assistant (Sheela) support for Consultants to manage their Teleconsulting Services efficiently. The voice assistant will help Consultants to manage their appointment, set reminders and manage their time on the goFHB Application better. The Consultant hereby agrees that the voice assistant cannot replace the judgement of a healthcare professional in any way or form and will only provide a better user experience for Consultant. 
  1. GOVERNING LAW
  • These Terms of Use are governed by the laws of India. The Courts in Chennai shall have exclusive jurisdiction for any dispute relating to the Service. Nothing in this agreement limits either party’s ability to seek equitable relief.
  1. TERMS AND LIMITATIONS OF THE SERVICES ON MOBILE
  • The “Mobile Features” are the features of the goFHB service or any FHB suite Services that Users may use or access through the User’s mobile device/tab (“Mobile”).
  • The Mobile Device carriers may prohibit or restrict certain Mobile Features, and certain Mobile Features may be incompatible with the User’s Mobile Device carrier or Mobile Device. In addition, mobile device carriers may charge Users for standard messaging, data, and other fees to participate in Mobile Features. QHI assumes no responsibility or liability for any fees or charges the User incurs when using the Mobile Features. The User is solely responsible for any fees or charges that may apply with respect to the Mobile Features, as well as determining what plans are available and how much they cost.
  • The User acknowledges and agrees that his/her use of the goFHB Application and the FHB suite services (including goFHB Service) is subject to any terms set forth in the terms of service of the third party providing the Mobile Device on which the Service operates (e.g., Apple iOS/Android).
  • QHI expressly disclaims any liability arising from User’s use of the goFHB Application or FHB suite services (including goFHB Service) on an incompatible Mobile Device or in the event that the User downloads the wrong version of the goFHB Service for his/her Mobile Device. QHI reserves the right to terminate User’s use of the goFHB Application and/or goFHB Service or any other aspect of the goFHB Service should the User use the goFHB Service with an incompatible or unauthorized device. 
  1. ASSIGNMENT:
  • We may assign this contract at any time to any parent, subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of our company to another entity. We will post a notice on the goFHB Application regarding any change of ownership so that you have the opportunity to discontinue Your use of the goFHB Application or cancel your registration if You do not wish to continue to use the goFHB Application and the goFHB Service under the new ownership. You may not assign, transfer or sublicense these Terms to anyone else and any attempt to do so in violation of this section shall be null and void.
  1. Company Contact Information

Qurhealth Solutions India Private Limited

Plot No. A-2, First Cross Road SIPCOT IT Park,

Siruseri,

Chennai – 603103,

Tamil Nadu

info@qurhealth.in

Last Revised: 27th October, 2020