HealthFox (“HealthFox”) is the author and publisher of the internet resource www.HealthFox.com and the mobile application ‘HealthFox’ (together, “Website”). HealthFox owns and operates the services provided through the Website.
- 1.NATURE AND APPLICABILITY OF TERMS
The Agreement applies to you whether you are -
- A medical practitioner or health care provider (whether an individual professional or an organization) or similar institution wishing to be listed, or already listed, on the Website, including designated, authorised associates of such practitioners or institutions (“Practitioner(s)”, “you” or “User”); or
- A patient, his/her representatives or affiliates, searching for Practitioners through then Website (“End-User”, “you” or “User”); or
- Otherwise a user of the Website (“you”n or “User”).
This Agreement applies to those services made available by HealthFox on the Website, which areoffered free of charge to the Users (“Services”), including the following:
- For Practitioners: Listing of Practitioners and their profiles and contact details, to be made available to the other Users and visitors to the Website;
- For other Users: Facility to (i) create and maintain ‘Health Accounts’, (ii) search for Practitioners by name, specialty, and geographical area, or any other criteria that may ben developed and made available by HealthFox, and (iii) to make appointments with Practitioners.
The Services may change from time to time, at the sole discretion of HealthFox, and the Agreement will apply to your visit to and your use of the Website to avail thenService, as well as to all information provided by you on the Website at anyngiven point in time.
This Agreement defines the terms and conditions under which you are allowed to use the Websitenand describes the manner in which we shall treat your account while you arenregistered as a member with us. If you have any questions about any part of the Agreement, feel free to contact us at support@HealthFox.com.
We reserve the rightnto modify or terminate any portion of the Agreement for any reason and at anyntime, and such modifications shall be informed to you in writing You shouldnread the Agreement at regular intervals. Your use of the Website following anynsuch modification constitutes your agreement to follow and be bound by thenAgreement so modified.
You acknowledge thatnyou will be bound by this Agreement for availing any of the Services offered bynus. If you do not agree with any part of the Agreement, please do not use thenWebsite or avail any Services.
Your access to use ofnthe Website and the Services will be solely at the discretion of HealthFox.
The Agreement isnpublished in compliance of, and is governed by the provisions of Indian law,nincluding but not limited to:
- the Indian Contract Act, 1872,
- the (Indian) Informationn Technology Act, 2000, and
- the rules, regulations,n guidelines and clarifications framed there under, including the (Indian)n Information Technology (Reasonable Security Practices and Procedures andn Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), andn the (Indian) Information Technology (Intermediaries Guidelines) Rules,n 2011 (the “IG Rules”).
- 2.CONDITIONS OF USE
You must be 18 yearsnof age or older to register, use the Services, or visit or use the Website innany manner. By registering, visiting and using the Website or accepting thisnAgreement, you represent and warrant to HealthFox that you are 18 years of agenor older, and that you have the right, authority and capacity to use thenWebsite and the Services available through the Website, and agree to and abidenby this Agreement. nn
The terms in thisnClause 3 are applicable only to Users other than Practitioners.
- 3.1END-USER ACCOUNT AND DATAn PRIVACY
- 3.1.2 HealthFox may by itsn Services, collect information relating to the devices through which youn access the Website, and anonymous data of your usage. The collectedn information will be used only for improving the quality of HealthFox’sn services and to build new services.
- 3.1.3 The Website allows HealthFoxn to have access to registered Users’ personal email or phone number, forn communication purpose so as to provide you a better way of bookingn appointments and for obtaining feedback in relation to the Practitionersn and their practice.
- The type of informationn collected from Users, including sensitive personal data or information;n
- The purpose, means and modes ofn usage of such information;
- How and to whom HealthFox willn disclose such information; and,
- Other information mandated byn the SPI Rules.
- the fact that certain informationn is being collected;
- the purpose for which then information is being collected;
- the intended recipients of then information;
- the nature of collection andn retention of the information; and
- the name and address of then agency that is collecting the information and the agency that willn retain the information; and
- the various rights available ton such Users in respect of such information.
- 3.1.6 HealthFox shall not ben responsible in any manner for the authenticity of the personaln information or sensitive personal data or information supplied by then User to HealthFox or to any other person acting on behalf of HealthFox.
- 3.1.7 The User is responsiblen for maintaining the confidentiality of the User’s account accessn information and password, if the User is registered on the Website. Then User shall be responsible for all usage of the User’s account andn password, whether or not authorized by the User. The User shalln immediately notify HealthFox of any actual or suspected unauthorized usen of the User’s account or password. Although HealthFox will not be liablen for your losses caused by any unauthorized use of your account, you mayn be liable for the losses of HealthFox or such other parties as the casen may be, due to any unauthorized use of your account.
- 3.1.8If a User provides anyn information that is untrue, inaccurate, not current or incomplete (orn becomes untrue, inaccurate, not current or incomplete), or HealthFox hasn reasonable grounds to suspect that such information is untrue,n inaccurate, not current or incomplete, HealthFox has the right ton discontinue the Services to the User at its sole discretion.
- 3.1.9HealthFox may use suchn information collected from the Users from time to time for the purposesn of debugging customer support related issues.
- Your Health Account is onlyn created after you have signed up and explicitly accepted these Terms.
- Information available in yourn Health Account is of two types:
- Patient-created: Informationn generated and uploaded by you.
- Practice-created: Informationn generated by your interaction with a Practitioner who uses ‘HealthFoxn Ray’ or other Services of software.
- Any Practice createdn information is provided on an as-is basis and HealthFox does notn validate the said information and makes no representation in connectionn therewith. You should contact the relevant Practitioner in case youn wish to point out any discrepancies or add, delete, or modify the informationn in any manner.
- The Health Account is providedn on a best-efforts as-is basis. While we strive to maintain the highestn levels of service availability, HealthFox is not liable for anyn interruption that may be caused to your access of the Services.
- The ‘SMS Rx Reminder’ providedn by the Health Account is only a supplementary way of reminding you ton take your medication as prescribed by your doctor. You should refer ton your prescription before taking any medicines. HealthFox is not liablen if for any reason SMS Rx Reminders are not delivered to you or aren delivered late or delivered incorrectly, despite its best efforts. Inn case you do not wish to receive the SMS Rx Reminders, you can requestn your doctor to not enable it during your consultation or otherwise, orn give a missed call to the number included in the first SMS Rx Remindern that you receive.
- It is your responsibility ton keep your correct mobile number and email ID updated in the Healthn Account. The records will be sent to the account associated with thisn mobile number and/or email ID. Every time you change any contactn information (mobile or email), we will send a confirmation. HealthFoxn is not responsible for any loss or inconvenience caused due to your notn updating your contact details for the Health Account.
- HealthFox uses industry–leveln security and encryption to your Health Account. However, HealthFoxn cannot guarantee prevent unauthorized access if you lose your loginn credentials or they are otherwise compromised. Please safeguard yourn login credentials and report any actual suspected breach of account ton support@HealthFox.com.
- If you access your dependents’n record through your Health Account by registering your dependents withn your own Health Account, you are deemed to be responsible for the recordsn of your dependents and all obligations that your dependants would haven had had they maintained their own separate individual Health Accounts.
- In case you want to delete yourn Health account, you can do so by accessing 'Profile' from within yourn account. This will ensure that your account and any associated recordsn will be deleted from the Health Account. This will however not deleten your records stored by your doctor(s) and Practitioners.
- 3.3LISTING CONTENT ANDn DISSEMINATING INFORMATION
- 3.3.1HealthFox collects,n directly or indirectly, and displays on the Website, relevantn information regarding the profile and practice of the Practitionersn listed on the Website, such as their specialisation, qualification,n fees, location, visiting hours, and similar details. HealthFox takesn reasonable efforts to ensure that such information is updated atn frequent intervals. Although HealthFox screens and vets the informationn and photos submitted by the Practitioners, it cannot be held liable forn any inaccuracies or incompleteness represented from it, despite suchn reasonable efforts.
- 3.3.2The Services provided by HealthFoxn or any of its licensors or service providers are provided on an "asn is" and “as available’ basis, and without any warranties orn conditions (express or implied, including the implied warranties ofn merchantability, accuracy, fitness for a particular purpose, title andn non-infringement, arising by statute or otherwise in law or from an course of dealing or usage or trade). HealthFox does not provide or maken any representation, warranty or guarantee, express or implied about then Website or the Services. HealthFox does not guarantee the accuracy orn completeness of any content or information provided by Users on then Website. To the fullest extent permitted by law, HealthFox disclaims alln liability arising out of the User’s use or reliance upon the Website,n the Services, representations and warranties made by other Users, then content or information provided by the Users on the Website, or anyn opinion or suggestion given or expressed by HealthFox or any User inn relation to any User or services provided by such User.
- 3.3.3The Website may be linkedn to the website of third parties, affiliates and business partners. HealthFoxn has no control over, and not liable or responsible for content,n accuracy, validity, reliability, quality of such websites or maden available by/through our Website. Inclusion of any link on the Websiten does not imply that HealthFox endorses the linked site. User may use then links and these services at User’s own risk.
- 3.3.4HealthFox assumes non responsibility, and shall not be liable for, any damages to, or virusesn that may infect User’s equipment on account of User’s access to, use of,n or browsing the Website or the downloading of any material, data, text,n images, video content, or audio content from the Website. If a User isn dissatisfied with the Website, User’s sole remedy is to discontinuen using the Website.
- 3.3.5If HealthFox determinesn that you have provided fraudulent, inaccurate, or incompleten information, including through feedback, HealthFox reserves the right ton immediately suspend your access to the Website or any of your accountsn with HealthFox and makes such declaration on the website alongside yourn name/your clinic’s name as determined by HealthFox for the protection ofn its business and in the interests of Users. You shall be liable ton indemnify HealthFox for any losses incurred as a result of yourn misrepresentations or fraudulent feedback that has adversely affected HealthFoxn or its Users.
- 3.4APPOINTMENT BOOKING ANDn INTERACTION WITH PRACTITIONERS
- 3.4.1While HealthFox will try ton ensure a confirmed appointment for an End-User who requested ann appointment on Website, HealthFox does not guarantee that a patient willn get a confirmed appointment. Further, HealthFox has no liability if suchn appointment is confirmed but later cancelled by Practices orn Practitioners, or the Practitioners are not available as per the givenn appointment time.
- 3.4.3You understand and agreen that any interactions and associated issues with other Users includingn but not limited to your health issues and your experiences is strictlyn between you and the other Users. You shall not hold HealthFoxn responsible for any such interactions and associated issues. Forn avoidance of doubt, HealthFox is not involved in providing any healthcaren or medical advice or diagnosis and hence is not responsible for anyn outcome between you and the Practitioner you interact with, pursuant ton any interactions on the Website. If you decide to engage with an Practitioner to provide medical services to you, you do so at your ownn risk. The results of any search you perform on the Website forn Practitioners should not be construed as an endorsement by HealthFox ofn any such particular Practitioner. HealthFox shall not be responsible forn any breach of service or service deficiency by any Practitioner. Wen cannot assure nor guarantee the ability or intent of the Practitioner(s)n to fulfill their obligations towards you. We advise you to perform yourn own investigation prior to selecting a Practitioner.
- 3.4.4Without prejudice to then generality of the above, HealthFox will not be liable for:
- any wrong medication orn treatment quality being given by the Practitioner(s), or any medicaln negligence on part of the Practitioner(s);
- any type of inconveniencen suffered by the User due to a failure on the part of the Practitionern to provide agreed services or to make himself/herself available at then appointed time, no show by the Practitioner, inappropriate treatment,n or similar difficulties;
- any misconduct or inappropriaten behaviour by the Practitioner or the Practitioner’s staff;
- cancellation or rescheduling ofn booked appointment or any variance in the fees charged;
- any medical eventualities thatn might occur subsequent to using the services of a Practitioner, whomn the User has selected on the basis of the information available on then Website or with whom the User has booked an appointment through then Website.
- 3.4.5Further, HealthFox shalln not be liable, under any event, for any comments or feedback given byn any of the Users in relation to the services provided by another User.n All such feedback should be made in accordance with applicable law. Then option of Users to give feedback remains at HealthFox’s sole discretionn and may be modified or withdrawn at its sole discretion. HealthFox mayn moderate such feedback at any time. HealthFox shall not be obliged ton act in any manner to give effect to the content of Users’ feedback, suchn as suggestions for delisting of a particular Practitioner from then Website.
- 3.5NO DOCTOR-PATIENT RELATIONSHIP;n NOT FOR EMERGENCY USE
- 3.5.1Please note that some ofn the content, text, data, graphics, images, information, suggestions,n guidance, and other material (collectively, “Information”) that may ben available on the Website (including information provided in directn response to your questions or postings) may be provided by individualsn in the medical profession. The provision of such Information does notn create a licensed medical professional/patient relationship, between HealthFoxn and you and does not constitute an opinion, medical advice, or diagnosisn or treatment of any particular condition, but is only provided to assistn you with locating appropriate medical care from a qualifiedn practitioner.
- 3.5.2It is hereby expresslyn clarified that, the Information that you obtain or receive from HealthFox,n and its employees, contractors, partners, sponsors, advertisers,n licensors or otherwise on the Website is for informational purposesn only. We make no guarantees, representations or warranties, whethern expressed or implied, with respect to professional qualifications,n quality of work, expertise or other information provided on the Website.n In no event shall we be liable to you or anyone else for any decisionn made or action taken by you in reliance on such information.
- 3.5.3The Services are notn intended to be a substitute for getting in touch with emergencyn healthcare. If you are an End-User facing a medical emergency (either onn your or a another person’s behalf), please contact an ambulance servicen or hospital directly.
- 3.8CONTENT OWNERSHIP ANDn COPYRIGHT CONDITIONS OF ACCESS
- 3.8.1The contents listed on then Website are (i) User generated content, or (ii) belong to HealthFox. Then information that is collected by HealthFox directly or indirectly fromn the End- Users and the Practitioners shall belong to HealthFox. Copyingn of the copyrighted content published by HealthFox on the Website for anyn commercial purpose or for the purpose of earning profit will be an violation of copyright and HealthFox reserves its rights undern applicable law accordingly.
- 3.8.2HealthFox authorizes then User to view and access the content available on or from the Websiten solely for ordering, receiving, delivering and communicating only as pern this Agreement. The contents of the Website, information, text,n graphics, images, logos, button icons, software code, design, and then collection, arrangement and assembly of content on the Websiten (collectively, "HealthFox Content"), are the propertyn of HealthFox and are protected under copyright, trademark and othern laws. User shall not modify the HealthFox Content or reproduce, display,n publicly perform, distribute, or otherwise use the HealthFox Content inn any way for any public or commercial purpose or for personal gain.
- 3.8.3User shall not access then Services for purposes of monitoring their availability, performance orn functionality, or for any other benchmarking or competitive purposes.
The terms in thisnClause 4 are applicable only to Practitioners.
4.1 LISTING POLICY
- 4.1.1HealthFox, directly andn indirectly, collects information regarding the Practitioners’ profiles,n contact details, and practice. HealthFox reserves the right to take downn any Practitioner’s profile as well as the right to display the profilen of the Practitioners, with or without notice to the concernedn Practitioner. This information is collected for the purpose ofn facilitating interaction with the End-Users and other Users. If anyn information displayed on the Website in connection with you and yourn profile is found to be incorrect, you are required to inform HealthFoxn immediately to enable HealthFox to make the necessary amendments.
- 4.1.2HealthFox shall not ben liable and responsible for the ranking of the Practitioners on externaln websites and search engines
- 4.1.4HealthFox reserves then right to moderate the suggestions made by the Practitioners throughn feedback and the right to remove any abusive or inappropriate orn promotional content added on the Website. However, HealthFox shall notn be liable if any inactive, inaccurate, fraudulent, or non- existentn profiles of Practitioners are added to the Website.
- 4.1.5HealthFox reserves then right to publish the User information to a third party, subject to priorn explicit informed consent from the User.
- 4.1.7You as a Practitionern hereby represent and warrant that you will use the Services in accordancen with applicable law. Any contravention of applicable law as a result ofn your use of these Services is your sole responsibility, and HealthFoxn accepts no liability for the same.
- 4.2PROFILE OWNERSHIP AND EDITINGn RIGHTS
HealthFox ensuresneasy access to the Practitioners by providing a tool to update your profileninformation. HealthFox reserves the right of ownership of all thenPractitioner’s profile and photographs and to moderate the changes or updatesnrequested by Practitioners. However, HealthFox takes the independent decisionnwhether to publish or reject the requests submitted for the respective changesnor updates. You hereby represent and warrant that you are fully entitled undernlaw to upload all content uploaded by you as part of your profile or otherwisenwhile using HealthFox’s services, and that no such content breaches any thirdnparty rights, including intellectual property rights. Upon becoming aware of anbreach of the foregoing representation, HealthFox may modify or delete parts ofnyour profile information at its sole discretion with or without notice to you.
- 4.3REVIEWS AND FEEDBACK DISPLAYn RIGHTS OF HEALTHFOX
- 4.3.1All Critical Content isn content created by the Users of www.HealthFox.com (“Website”) andn the clients of HealthFox customers and Practitioners, including then End-Users. As a platform, HealthFox does not take responsibility forn Critical Content and its role with respect to Critical Content isn restricted to that of an ‘intermediary’ under the Information Technologyn Act, 2000. The role of HealthFox and other legal rights and obligationsn relating to the Critical Content are further detailed in Clauses 3.9 andn 5 of these Terms. HealthFox’s Feedback Collection and Fraud Detectionn Policy, is annexed as the Schedule hereto, and remains subject always ton these Terms.
- 4.3.2HealthFox reserves then right to collect feedback and Critical Content for all then Practitioners, Clinics and Healthcare Providers listed on the Website.
- 4.3.3HealthFox shall have non obligation to pre-screen, review, flag, filter, modify, refuse or removen any or all Critical Content from any Service, except as required byn applicable law.
- 4.3.4You understand that byn using the Services you may be exposed to Critical Content or othern content that you may find offensive or objectionable. HealthFox shalln not be liable for any effect on Practitioner’s business due to Criticaln Content of a negative nature. In these respects, you may use the Servicen at your own risk. HealthFox however, as an ‘intermediary, takes steps asn required to comply with applicable law as regards the publication ofn Critical Content. The legal rights and obligations with respect ton Critical Content and any other information sought to be published byn Users are further detailed in Clauses 3.9 and 5 of these Terms.
- 4.3.5HealthFox will take downn information under standards consistent with applicable law, and shall inn no circumstances be liable or responsible for Critical Content, whichn has been created by the Users. The principles set out in relation ton third party content in the terms of Service for the Website shall ben applicable mutatis mutandis in relation to Critical Content posted onn the Website.
- 4.3.6If HealthFox determinesn that you have provided inaccurate information or enabled fraudulentn feedback, HealthFox reserves the right to immediately suspend any ofn your accounts with HealthFox and makes such declaration on the websiten alongside your name/your clinics name as determined by HealthFox for then protection of its business and in the interests of Users.
Your use of eachnService confers upon you only the rights and obligations relating to suchnService, and not to any other service that may be provided by HealthFox.
- 5.RIGHTS AND OBLIGATIONS RELATINGn TO CONTENT
- 5.1As mandated by Regulation 3(2)n of the IG Rules, HealthFox hereby informs Users that they are notn permitted to host, display, upload, modify, publish, transmit, update orn share any information that:
- belongs to another person and ton which the User does not have any right to;
- is grossly harmful, harassing,n blasphemous, defamatory, obscene, pornographic, pedophilic, libelous,n invasive of another's privacy, hateful, or racially, ethnicallyn objectionable, disparaging, relating or encouraging money laundering orn gambling, or otherwise unlawful in any manner whatever;
- harm minors in any way;
- infringes any patent, trademark,n copyright or other proprietary rights;
- violates any law for the timen being in force;
- deceives or misleads then addressee about the origin of such messages or communicates anyn information which is grossly offensive or menacing in nature;
- impersonate another person;
- contains software viruses or anyn other computer code, files or programs designed to interrupt, destroy orn limit the functionality of any computer resource;
- threatens the unity, integrity,n defence, security or sovereignty of India, friendly relations withn foreign states, or public order or causes incitement to the commissionn of any cognisable offence or prevents investigation of any offence or isn insulting any other nation.
- 5.2Users are also prohibitedn from:
- violating or attempting ton violate the integrity or security of the Website or any HealthFoxn Content;
- transmitting any informationn (including job posts, messages and hyperlinks) on or through the Websiten that is disruptive or competitive to the provision of Services by HealthFox;n
- intentionally submitting on then Website any incomplete, false or inaccurate information;
- making any unsolicitedn communications to other Users;
- using any engine, software,n tool, agent or other device or mechanism (such as spiders, robots,n avatars or intelligent agents) to navigate or search the Website;
- attempting to decipher,n decompile, disassemble or reverse engineer any part of the Website;
- copying or duplicating in anyn manner any of the HealthFox Content or other information available fromn the Website;
- framing or hot linking or deepn linking any HealthFox Content.
- circumventing or disabling anyn digital rights management, usage rules, or other security features ofn the Software.
- 5.3HealthFox, upon obtainingn knowledge by itself or been brought to actual knowledge by an affectedn person in writing or through email signed with electronic signature aboutn any such information as mentioned above, shall be entitled to disablen such information that is in contravention of Clauses 5.1 and 5.2. HealthFoxn shall also be entitled to preserve such information and associatedn records for at least 90 (ninety) days for production to governmentaln authorities for investigation purposes.
- 5.5HealthFox may disclose orn transfer User-generated information to its affiliates or governmentaln authorities in such manner as permitted or required by applicable law,n and you hereby consent to such transfer. The SPI Rules only permit HealthFoxn to transfer sensitive personal data or information including anyn information, to any other body corporate or a person in India, or locatedn in any other country, that ensures the same level of data protection thatn is adhered to by HealthFox as provided for under the SPI Rules, only ifn such transfer is necessary for the performance of the lawful contractn between HealthFox or any person on its behalf and the User or where then User has consented to data transfer.
- HealthFox respects then intellectual property rights of others and we do not hold anyn responsibility for any violations of any intellectual property rights
- 6.1HealthFox reserves the rightn to suspend or terminate a User’s access to the Website and the Servicesn with or without notice and to exercise any other remedy available undern law, in cases where,
- Such User breaches any terms andn conditions of the Agreement;
- A third party reports violationn of any of its right as a result of your use of the Services;
- HealthFox is unable to verify orn authenticate any information provide to HealthFox by a User;
- HealthFox has reasonable groundsn for suspecting any illegal, fraudulent or abusive activity on part ofn such User; or
- HealthFox believes in its solen discretion that User’s actions may cause legal liability for such User,n other Users or for HealthFox or are contrary to the interests of then Website.
- 6.2Once temporarily suspended,n indefinitely suspended or terminated, the User may not continue to usen the Website under the same account, a different account or re-registern under a new account. On termination of an account due to the reasonsn mentioned herein, such User shall no longer have access to data,n messages, files and other material kept on the Website by such User. Then User shall ensure that he/she/it has continuous backup of any medicaln services the User has rendered in order to comply with the User’s recordn keeping process and practices.
- 7.LIMITATION OF LIABILITY
In no event,nincluding but not limited to negligence, shall HealthFox, or any of itsndirectors, officers, employees, agents or content or service providersn(collectively, the “Protected Entities”) be liable for any direct, indirect,nspecial, incidental, consequential, exemplary or punitive damages arising from,nor directly or indirectly related to, the use of, or the inability to use, thenWebsite or the content, materials and functions related thereto, the Services,nUser’s provision of information via the Website, lost business or lostnEnd-Users, even if such Protected Entity has been advised of the possibility ofnsuch damages. In no event shall the Protected Entities be liable for:
- provision of or failure ton provide all or any service by Practitioners to End- Users contacted orn managed through the Website;
- any content posted, transmitted,n exchanged or received by or on behalf of any User or other person on orn through the Website;
- any unauthorized access to orn alteration of your transmissions or data; or
- any other matter relating to then Website or the Service.
In no event shall thentotal aggregate liability of the Protected Entities to a User for all damages,nlosses, and causes of action (whether in contract or tort, including, but notnlimited to, negligence or otherwise) arising from this Agreement or a User’snuse of the Website or the Services exceed, in the aggregate Rs. 1000/- (RupeesnOne Thousand Only).
HealthFox may retainnsuch information collected from Users from its Website or Services for as longnas necessary, depending on the type of information; purpose, means and modes ofnusage of such information; and according to the SPI Rules. Computer web servernlogs may be preserved as long as administratively necessary.
- 9.APPLICABLE LAW AND DISPUTEn SETTLEMENT
- 9.1You agree that this Agreementn and any contractual obligation between HealthFox and User will ben governed by the laws of India.
- 9.2Any dispute, claim orn controversy arising out of or relating to this Agreement, including then determination of the scope or applicability of this Agreement ton arbitrate, or your use of the Website or the Services or information ton which it gives access, shall be determined by arbitration in India,n before a sole arbitrator appointed by HealthFox. Arbitration shall ben conducted in accordance with the Arbitration and Conciliation Act, 1996.n The seat of such arbitration shall be Hyderabad. All proceedings of suchn arbitration, including, without limitation, any awards, shall be in then English language. The award shall be final and binding on the parties ton the dispute.
- 9.3Subject to the above Clausen 9.2, the courts at Hyderabad shall have exclusive jurisdiction over anyn disputes arising out of or in relation to this Agreement, your use of then Website or the Services or the information to which it gives access.
- 10.CONTACT INFORMATION GRIEVANCEn OFFICER
- 10.1If a User has any questionsn concerning HealthFox, the Website, this Agreement, the Services, orn anything related to any of the foregoing, HealthFox customer support cann be reached at the following email address: support@HealthFox.com.
- 10.2In accordance with then Information Technology Act, 2000, and the rules made there under, if youn have any grievance with respect to the Website or the service, includingn any discrepancies and grievances with respect to processing ofn information, you can contact our Grievance Officer at: Name: Eshwarn MallaReddy, HealthFox, 202, reliance Apartments, Opp NTR Grounds, Indiran Park Road, Domalaguda, Hyderabad 29. In the event you suffer as a resultn of access or usage of our Website by any person in violation of Rule 3 ofn the IG Rules, please address your grievance to the above person.
If any provision ofnthe Agreement is held by a court of competent jurisdiction or arbitral tribunalnto be unenforceable under applicable law, then such provision shall be excludednfrom this Agreement and the remainder of the Agreement shall be interpreted asnif such provision were so excluded and shall be enforceable in accordance withnits terms; provided however that, in such event, the Agreement shall beninterpreted so as to give effect, to the greatest extent consistent with andnpermitted by applicable law, to the meaning and intention of the excluded provisionnas determined by such court of competent jurisdiction or arbitral tribunal.
No provision of thisnAgreement shall be deemed to be waived and no breach excused, unless suchnwaiver or consent shall be in writing and signed by HealthFox. Any consent by HealthFoxnto, or a waiver by HealthFox of any breach by you, whether expressed ornimplied, shall not constitute consent to, waiver of, or excuse for any otherndifferent or subsequent breach.
- 1.HealthFox Feedback Collectionn and Fraud Detection Policy
This policy documentncovers the philosophy, intent and methodology used by HealthFox to collectnFeedback from Patients about Doctors and other Practitioners who are part ofnthe HealthFox eco-system.
- 1.2Philosophyn and Intent
At HealthFox, wenbelieve in transparency and authenticity, and these are the 2 primary pillarsnon which the Feedback collection system is built. We intend to help Patientsnmake a well-informed decision when it comes to their Health and authenticnFeedback helps them achieve that. Doctors being HealthFox’s closest friendsnthroughout our successful journey, would be the other beneficiary, withnauthentic Feedback circulating in the Patient circles.
- 1.3How we collect Feedback
As of now HealthFoxnendeavors to reach out to the following group of authentic Patients:
- Patients who have bookedn appointments through HealthFox.com: HealthFox reaches out to these Patients via SMS/E-mailn within 3 days after their scheduled appointment schedule and ask themn for Feedback on their appointment experience at the Clinic with then Doctor. HealthFox has complete ownership of this flow of feedbackn collection since HealthFox is responsible for giving the best experiencen to patients booking an appointment.
- Patients who have bookedn appointments with Doctors who use HealthFox Ray In this scenario, HealthFoxn seeks prior permission from the Owner of the HealthFox Ray-enabledn practice to collect feedback from Patients whose appointments have beenn booked by the practice using HealthFox Ray. HealthFox then reaches outn to these Patients via SMS/E-mail within 3 days after their scheduledn appointment schedule. Please note that HealthFox can only ask Patients forn Feedback if the practice Owner has permitted HealthFox to do the same,n and any Feedback collected thereafter becomes a property of HealthFox.
- Patients who have bookedn appointments with Doctors who use the HealthFox Tab: The HealthFox Tab has an in-builtn feedback module to collect patient feedback after their appointment. HealthFoxn seeks prior permission from the Owner of the HealthFox Tab to share thisn feedback with HealthFox. HealthFox then sends an auto-generated SMS ton patients to obtain consent for sharing the feedback. The patient mustn give a missed call to the listed number within 24 hrs of receiving then SMS, to ensure that the Feedback is reflected on HealthFox Search.
The HealthFoxnFeedback system is built such that it limits the number of SMS and emails thatnare sent to a particular patient to ‘one-every-month’ even if he/she books morenthan one appointment with you during the period. This ensures sufficientncool-off period between subsequent Feedback from the same patient and a muchnmore robust and fair feedback model.It is also important to note that Patientsnwho happen to book appointments via HealthFox* with a HealthFox Ray-enablednDoctor/Clinic would fall in category (1) mentioned above.
The HealthFoxnFeedback Collection System currently asks Patients about their appointmentnexperience. The information collected would primarily be categorized as below:
- Doctor recommendation – whethern the patient would recommend the doctor to his/her friends and family
- Wait-time – how long the patientn had to wait for his/her appointment
- Doctor Feedback – Patient’sn testimonial about appointment experience with the Doctor
- 1.5Authenticityn of Feedback Collection
As part of ournefforts to collect and display authentic Feedback, HealthFox abides by thesenset of rules:
- A Patient would be probed withn SMS/E-mail for Feedback on an appointment with a Doctor only once in an month
- A Patient cannot give multiplen Feedback for a single appointment
- Appointments booked via HealthFoxn includes (but not restricted to) appointments from the followingn sources:
- Doctor and Practice profile on HealthFox.comn or smartphone apps
- HealthFox Direct Contact
- HealthFox.com widgets whichn have their presence across partnership websites, Doctor’s micro-siten provided by HealthFox Ray, Doctor’s Facebook page, Doctor’s website andn other online entities
- 2.HealthFox Feedback moderationn and Fraud detection Policy
- 2.1Scope: This Policy documentn intends to explain the Feedback Moderation and Fraud Detection systemn deployed in HealthFox.
- 2.2Philosophy and Intent: Ann online healthcare ecosystem of HealthFox’s magnitude sees a large numbern of Patients giving Feedback about their Appointment experience on a dailyn basis. Given the volume of Feedback entering the HealthFox’s Feedbackn Collection System we consider it very important to make sure only then helpful and authentic feedback reach out to the Patients who visit HealthFox.comn and assist them in their Patient experience.
- 2.3Helpful and Authentic feedback:n A helpful and authentic Feedback is one that complies with HealthFoxn Feedback Standards and other information points probed by HealthFoxn Feedback Collection System, and more importantly, is submitted by ann authentic user. Some of the Feedback we do not entertain on HealthFox are:n
- Feedback that is 3-worded or lessn – we have observed that they don’t help patients looking for insightfuln patient experiences
- Feedback that tends to haven ulterior motives – advertising, spam, abuse, etc.
- 2.4 Moderation Team: We have an team of moderators that examine questionable Feedback. We also usen automated tools on the site that help flag questionable content for reviewn and we are working on enabling our large and passionate community ofn millions of users keep an eye out as well.
- 2.5Moderation team would ben responsible for screening the Feedback posted by Patients abiding by HealthFoxn Feedback Standards.
- 2.6Each Feedback is evaluated as an whole while moderating – e.g. A Feedback that happens to start withn relevant information and ends up with statements that do not comply with HealthFoxn Feedback Standards would not be published. A moderator can take then following generic stances on any incoming Feedback:
- Withhold for investigation
- Decline to publish
- 2.7Moderation Rate: The majorityn of Feedback is posted within 48 hours of submission. If a Feedback isn flagged for a closer look by our moderators, it may take longer,n especially during our busiest days. We try to base every decision we maken on what our members will find helpful and relevant. At times, Feedbackn under investigation may take several weeks to process.
- 2.8Positive and negative Feedback:n As long as Feedback meets our guidelines, we’re happy to post it whethern it’s positive or negative. The majority of our Feedback is indeedn positive, and we do not influence or change the content.
- 2.9Fraud Detection: Misusing orn manipulating Feedback systems for personal benefit is the last thing HealthFoxn would want to entertain on the HealthFox Feedback System. HealthFox hasn come up with its own standards and processes to detect Fraud and deal withn them in the appropriate manner.
- 2.10Fraud as defined by HealthFox:n The following actions may be considered fraudulent:
- Attempts by a Doctor or Clinic ton boost his/her/its own property’s reputation by:
- Writing feedback for his/her ownn practice
- Asking friends or relatives ton write positive feedback
- Submitting feedback on behalf ofn a Patient
- Copying comment cards and submittingn them as feedback
- Pressuring HealthFox or an Patient to remove a negative feedback
- Offering incentives such asn discounts, upgrades, or any special treatment in exchange for feedback
- Hiring an optimization company,n third party marketing organization, or anyone to submit false feedback
- Attempts by a Doctor to damagen his/her competitors by submitting negative feedback.
- 2.11Bottom Line: Any attempt ton mislead, influence or impersonate a Patient is considered fraudulent andn will be subject to penalty.
- 2.12Detecting fraud: Unfortunatelyn we are unable to disclose the specifics of our Fraud Detection System. Butn we can tell you that we dedicate significant time and resources ensuringn that the content on HealthFox reflects quality feedback by authenticn Patients. We have quality assurance specialists who have brought a widen range of professional experience to enhance our prevention methods and ourn team spends thousands of hours every year ensuring the integrity ofn Feedback on HealthFox. We also use automated tools that help flagn questionable content for review, and very soon we will enable our largen and passionate community of users to keep an eye out as well.
- 2.13Repercussions of beingn fraudulent: If we determine that there is fraudulent Feedback submittedn for a Doctor/Clinic , there could be several consequences:
- A fraudulent heath-care entityn might not be the right choice for a Patient. So a Doctor/Clinic may dropn by several points in the HealthFox index.
- We are working on putting up an penalty notice, explaining that the feedback about Doctor/Clinic isn suspicious, and this may appear on the listing page.
- 2.14Legal side of fraudulentn reviews: In addition to being a violation of our terms of service and ann unethical practice, this is also a violation of the law in manyn jurisdictions. In July 2009, New York Attorney General Andrew Cuomon settled a case which resulted in a $300,000 penalty for a company postingn fake consumer reviews. It is also illegal to post fake reviews in then United Kingdom, France, Italy, and Germany, Ireland, Sweden and then Netherlands (among other countries) pursuant to the EU Unfair Commercialn Practices Directive, adopted by these countries.