THESE TERMS OF SERVICES IS AN ELECTRONIC RECORD IN THE FORM OF AN ELECTRONIC CONTRACT FORMED UNDER THE INFORMATION TECHNOLOGY ACT, 2000 AND THE RULES MADE THEREUNDER AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC DOCUMENTS / RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. THESE TERMS OF SERVICES DOES NOT REQUIRE ANY PHYSICAL, ELECTRONIC OR DIGITAL SIGNATURE.
THESE TERMS OF SERVICES IS A LEGALLY BINDING DOCUMENT BETWEEN ALLO HEALTH AND USER (BOTH TERMS DEFINED BELOW). THESE TERMS OF SERVICES WILL BE EFFECTIVE UPON YOUR ACCEPTANCE OF THE SAME (DIRECTLY OR INDIRECTLY IN ELECTRONIC FORM, BY CLICKING ON THE "I ACCEPT" TAB OR BY USE OF THE WEBSITE OR BY OTHER MEANS OF AN ELECTRONIC RECORD) AND WILL GOVERN THE RELATIONSHIP BETWEEN ALLO HEALTH AND USER
PLEASE READ THESE TERMS OF SERVICES CAREFULLY. BY USING THE WEBSITE, YOU INDICATE THAT YOU UNDERSTAND, AGREE AND CONSENT TO THESE TERMS OF SERVICES. IF YOU DO NOT AGREE WITH THE TERMS OF THESE TERMS OF SERVICES, PLEASE DO NOT USE THIS WEBSITE. YOU HEREBY PROVIDE YOUR UNCONDITIONAL CONSENT OR AGREEMENTS TO ALLO HEALTH AS PROVIDED UNDER SECTION 43A AND SECTION 72A OF INFORMATION TECHNOLOGY ACT, 2000 AND THE INFORMATION TECHNOLOGY (INTERMEDIARY GUIDELINES) RULES, 2011.
These Terms of Services of the website located at the URL www.allohealth.care, on mobile sites or mobile application and the other associated/ancillary applications, products, websites and services (“Website”) is between Patient First Healthtech Private Limited (referred as “Allo Health” or “We” or “Us” or “Our"), a company incorporated under the Companies Act, 2013 with its registered office situated at C-1012 Divyasree, 77 Town Centre, Yemlur Mn Off HAL Old Airport Road, Kadubeesanahalli, Bangalore 560037, India, and the users of the Website including but not limited to users who are patients, medical practitioners, and/or health care providers (referred as "You" or "Your" or "Yourself" or “User”) describe the terms on which Allo Health offers You access to the Website and such other services which include but are not limited to interactive session related services, platform services, self-assessments, to interact with medical practitioners, doctors and health care providers from across the globe (“Practitioners”), to help the User receive appropriate diagnosis and quality treatment, knowledge and perspectives through various interactive sessions with the Practitioners ("Services").
For these purposes, the term “Person” shall mean any natural person, firm, company, governmental authority, joint venture, association, partnership, limited liability partnership, society or other entity (whether or not having separate legal personality).
You and Allo Health shall hereinafter be individually referred to as a “Party” and collectively as the “Parties”
- Any reference to the singular includes a reference to the plural and vice versa, unless explicitly provided for otherwise; and any reference to the masculine includes a reference to the feminine and vice versa.
- Headings and captions are used for convenience only and will not affect the interpretation of these Terms of Services.
- Any reference to a natural person will, unless repugnant to the context, include his heirs, executors and permitted assignees. Similarly, any reference to a juristic person such as Allo Health will, unless repugnant to the context, include its affiliates, successors and permitted assigns.
- WEBSITE SERVICES AND ACCOUNT REGISTRATION
- By accessing this Website, you are agreeing to be bound by these Terms of Services, all applicable laws and regulations, and agree that You are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this Website. Your continued use of the Website shall constitute your acceptance to the Terms of Service, as revised from time to time.
- Allo Health reserves the right to update the Website and /or Services, in order to, inter alia, introduce new features or Services, enhance existing features or Services, improve user experience and performance. You hereby agree that Allo Health will be able to provide support services only if you install all the updates upon receiving notifications while using the Website and its Services
- For availing certain Services, You will be required to register an account on the Website (an “Account”). When you register on the Website and set up your Account, you must: (i) provide accurate and complete information; (ii) promptly update your Account information with any new information that may affect the operation of Your Account; (iii) authorize Allo Health to make any inquiries We consider necessary or appropriate to verify Your Account information or the information You provide to Us via the Website including document proofs or copies or any such information as required mandatorily by applicable law that need to be provided to Us; and (iv) acknowledge and accept any applicable policies, including but not limited to those pertaining to service quality, confidentiality, User integrity, anti-harassment and conflict of interest. You will not use false identities or impersonate any other person or use another account that you are not authorized to use on any computer, mobile phone, tablet, or other device (collectively “Device”).
- You are responsible for safeguarding and maintaining the confidentiality of Your Account information. You agree not to disclose Your Account information to any third party and that You are entirely and solely responsible for any and all activities or actions that occur pursuant to the use of Your Account on the Website, whether or not You have authorized such activities or actions. You will immediately notify Allo Health of any unauthorized use of Your Account. You may be held liable for losses incurred by Allo Health due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account Information secure and confidential.
- You agree that this Website and its Services are made available to You on a non-exclusive, non-transferable, non-sublicensable and on a limited license basis and hence, You will not permit, enable, introduce or facilitate other persons to participate in availing Services from Your Account, including others who may be subject to an agreement that is the same or similar to this Agreement.
- If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Allo Health has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Allo Health has the right to suspend or terminate Your Account and refuse any and all current or future use of the Website / Services (or any portion thereof).
- DUTIES OF A USER
- You shall comply with all applicable local, provincial laws, and regulations in connection with Your availing of the Services.
- You shall keep Allo Health informed of any technical issues or problems with the Website, as and when the issues develop.
- You shall not engage in any activity other than strictly for the purposes specifically laid down under these Terms as integral constituents of the Services, prior to, during the continuance of, and after each and every session.
- While Using the Website, You shall not-
- use the Services and the assets, either directly and/or indirectly, for sharing of nudity, pornographic or adult material, sexually explicit images or descriptions involving sexual behaviour, or other content deemed offensive by Allo Health according to community standards and/or applicable law is strictly prohibited unless required for the purpose of rendering medical consultations and Services from the Practitioners. In such cases, the User agrees and understands that such images/content for medical purposes and does so by wholly consenting to these Terms,. Allo Health reserves a right to immediate terminate Your account on being notified of any such act performed contrary to this clause without any further notice;
- defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of any other Person;
- conduct or forward surveys, contests that are construed as illegal activities that include but are not limited to gambling activities, pyramid schemes or chain letters;
- falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
- provide any information that is incorrect or misleading in any way;
- use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or content, or in any way reproduce or circumvent the navigational structure or presentation of the Website, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website;
- reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website;
- engage in any activity which violates any applicable laws, rules and regulations.
- DATA USAGE AND INSIGHTS
- The User hereby specifically agree and acknowledge that Allo Health is not involved in providing any healthcare or medical advice or diagnosis and hence is not responsible for any interactions between User and the Practitioner.
- The User further acknowledges and agrees that Allo Health shall not be held liable for: (i) any User interactions and associated issues User has with the Practitioner; (ii) any wrong medication or quality of treatment being given by the Practitioner(s), or any medical negligence on part of the Practitioner(s); (iii) any type of inconvenience suffered by the User due to a failure on the part of the Practitioner to provide agreed Services; (iv) cancellation or no show by the Practitioner or rescheduling of booked appointment or any variation in the fees charged.
- You acknowledge and undertake that the feedback mechanism provided to You is a privilege and any feedbacks, suggestions and/or constructive criticism provided by You might be displayed on the respective Practitioner’s profile and You shall alone be responsible for contents of such feedbacks, suggestions and/or constructive criticism.
- The User understands and agrees that any advice or diagnosis made by any Practitioner does not create a licensed medical professional/patient relationship, between Allo Health and You.
- RIGHT OF ALLO HEALTH & USER
- Nothing in this Agreement shall be construed to create any relationship between Allo Health and You other than that of a service provider and user. You do not have the authority to bind Allo Health in any manner whatsoever.
- DECLARATIONS, REPRESENTATIONS, WARRANTIES AND COVENANTS
- Each Party hereby represents and warrants that it has the legal right, power and authority to enter into, deliver and perform this Agreement and any other documents executed in connection with or pursuant thereto.
- The User specifically covenants that he/she shall keep confidential all information, including but not limited to insights, conversations, assessments, diagnosis, treatment etc. in the course of interactive sessions with the Practitioner.
- Notwithstanding anything contained herein, the User does not have the right to assign any of his/her duties or obligations to any other person or organization under this Agreement.
- The User further agrees and undertakes not to hold Allo Health responsible for any decision taken by User on the basis of the advice or insights as provided by the Practitioner(s).
- The User shall comply with all applicable laws in the course of performing its obligations under this Agreement;
- The User represents that he/she has no criminal antecedents or convictions and/ or any criminal action is pending against him/her; and
- THIRD PARTY CONTENTS
- We cannot and will not assure that other Users are or will be complying with the foregoing rules or any other provisions of these Terms of Services, and, as between You and Us, You hereby assume all risk of harm or injury resulting from any such lack of compliance.
- INTERACTIVE SESSIONS
- Some parts of the Services are interactive, and Allo Health is in no way responsible for the content, information or actions of the User and/or other third parties. You are solely responsible for Your interactions and communications with the Practitioner(s) including any sensitive personal information provided by You to the Practitioner, and any other parties with whom you interact or communicate with through the Service.
- You shall not use the platform except strictly for the purposes specifically laid down in this Terms of Service.
- INTELLECTUAL PROPERTY
- Allo Health shall own all right, title and interest (including patent rights, copyrights, trade secret rights, mask work rights, trademark rights and all other rights of any sort throughout the world) relating to any and all inventions (whether or not patentable), works of authorship, mask works, designations, designs, know-how, content of the Website, video recordings, ideas and information, google text chats which are subject matter of services (collectively referred to as “Intellectual Properties”).
- Notwithstanding anything contained in this Agreement, Intellectual Properties include all rights of paternity, integrity, disclosure and withdrawal and any other rights that may be known as or referred to as “moral rights,” “artist’s rights,” “droit moral,” or the like.
The User agrees to keep all technical and non-technical information, which Allo Health may have acquired before or after the date of this Agreement in relation to the technology, customers, business, operations, financial conditions, assets or affairs of the other Party resulting from negotiating this Agreement; or exercising its rights or performing its obligations under this Agreement; or which relates to the contents of this Agreement (or any agreement or arrangement entered into pursuant to this Agreement), including but not limited to business plans, business forecasts, research, technology and financial information, procurement requirements, purchasing requirements, manufacturing, customer lists, sales and merchandising efforts, marketing plans, experimental work, development, design details, specifications, engineering, copyrights, trade secrets, proprietary information, know-how, processes, equipment, algorithms, software programs, software source documents, and information in any way related to the current, future and proposed business, products and Services of Allo Health confidential or any other information designated as confidential from time to time.
It is hereby clarified that any consultations with the Practitioner(s) vide voice or video calls shall not be recorded or broadcast by the User or Allo Health.
Notwithstanding anything in the foregoing to the contrary, confidential information shall not include information which: (i) was known by the User prior to receiving the confidential information from Allo Health; (b) becomes rightfully known to the User from a third-party source not known (after diligent inquiry) by the User to be under an obligation to Allo Health to maintain confidentiality; (c) is or becomes publicly available through no fault of or failure to act by the User in breach of this Agreement; (d) is required to be disclosed in a judicial or administrative proceeding, or is otherwise requested or required to be disclosed by law or regulation.
- These Terms of Services are effective unless and until terminated by either You or Allo Health. You may terminate these Terms of Services at any time by notifying Us that You no longer wish to use Our Services, or when You cease using Our Website.
- If in Our sole judgment You fail, or We suspect that You have failed, to comply with any term or provision of these Terms of Services, We may terminate these Terms of Services at any time without notice and You will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny You access to our Services (or any part thereof).
- In the event of any termination of this Agreement, the User shall promptly and forthwith make payments accrued or due to Allo Health.
- Upon termination of this Agreement, any rights or obligations of the User existing at the time of expiration or termination, which, by their nature, survive the expiration or termination of this Agreement and such other provisions as specifically identified in this Agreement, shall survive.
- PAYMENTS AND REFUNDS
- Consultation Charges:
- For the consultation services, the User shall pay consultation charges as per the quotation displayed on the Website and/or third-party payment gateway. The User will be redirected to a third-party payment gateway wherein the payment shall be made along with applicable taxes and other charges (including but not limited to credit cards, debit cards, internet handling charges, if any) as duly charged by such third-party payment gateway.
- The User acknowledges that multiple payment options such as debit/credit card, net banking, Unified Payments Interface (UPI) etc are made available at the time of making transaction. The User further agrees and acknowledges that Allo Health shall not be responsible or assume any liability in respect of any loss or damage arising directly or indirectly to the User due to any payment issues arising out of any transaction on the third-party payment gateway. However, Allo Health reserves the right, but have no obligation, to facilitate and support the User in mutually resolving any transaction failure or such other payment issues faced by the User; provided however, that the User ensures and takes all reasonable efforts to immediately contact, co-operate with and notify Allo Health regarding the payment issues faced by the User.
- Allo Health reserves the right to amend the pricing, pricing bands or structure in any transaction that falls within the purview of this Agreement from time to time for any reason whatsoever, subject to due notification of such amendment to the User (direct notification or via Allo Health’s Website) and the User specifically disclaims any and all rights that vest upon him/her under any contract, law or equity in this regard.
Under no circumstances shall Allo Health be liable to refund the invoice amount if:
- the technical/support team of Allo Health is helping to resolve the issues faced by You; and
- any other circumstances, which at the sole discretion of Allo Health is considered to be a non-refundable event.
- NO WARRANTIES
- The materials on Allo Health's Website are provided "as is". Allo Health makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Furthermore, Allo Health does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Website or otherwise relating to such materials or on any sites linked to this site.
- For the duration of the term of this Agreement, the platform/Website shall be maintained by Allo Health and it shall make its best efforts to deal with any technical issues affecting the platform/Website (such as, for instance, the platform becoming inoperative). Allo Health does not warrant that the User will be able to use the platform/Website at all times or locations on the platform/Website or that the platform and the Services provided through the platform/Website will be uninterrupted or error-free.
- The materials as appearing on the Website may contain typographical errors, inaccuracies or omissions. Allo Health reserves the right, although it is under no obligation to do so, to correct any errors, inaccuracies or omissions, and to change or update information or material as appearing on the Website at any time without prior notice.
- LIMITATION OF LIABILITY
IN NO EVENT SHALL ALLO HEALTH BE LIABLE WHETHER IN TORT (INCLUDING FOR NEGLIGENCE OR BREACH OF STATUTORY DUTY), CONTRACT, MISREPRESENTATION, RESTITUTION OR OTHERWISE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL OR OTHER SUCH LOSS OR DAMAGE, INCLUDING BUT NOT LIMITED TO THOSE SUCH AS AND/OR RESULTING FROM LOSS OF PROFITS, LOSS OF BUSINESS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, DEPLETION OF GOODWILL, LOSS OR CORRUPTION OF DATA OR INFORMATION, PURE ECONOMIC LOSS AND/OR SIMILAR LOSSES OR DAMAGES OF ANY KIND, HOWSOEVER ARISING IN CONNECTION WITH THESE TERMS OF SERVICES, EVEN IF USER HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Services, at any time without any prior written notice to You. We suggest that You regularly check these Terms of Services to apprise Yourself of any updates. Your continued use of the Website following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these Terms of Services, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.
If any of these terms should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state in which these terms are intended to be effective, then to the extent and within the jurisdiction which that term is illegal, invalid or unenforceable, it shall be severed and deleted and the remaining Terms of Services shall survive, remain in full force and effect and continue to be binding and enforceable.
- FORCE MAJEURE
If the performance of Allo Health’s obligations hereunder is prevented, restricted or interfered with by reason of fire, or by epidemic or pandemic, or other casualty or accident; strike or labour disputes; war or other violence; or any act or condition beyond the reasonable control of Allo Health, or an act of God (each a “Force Majeure Event”), then Allo Health shall be excused from such performance to the extent of such prevention, restriction or interference; provided, however, that Allo Health shall give prompt notice within a period of seven (7) business days from the date of occurrence of the Force Majeure Event and providing a description to the User of such Force Majeure Event in such notice, including a description, in reasonable specificity, of the cause of the Force Majeure Event and the likely duration of the impact or delay cause by the Force Majeure Event; and provided further that Allo Health shall use reasonable efforts to avoid or remove such cause of non-performance and shall continue performance hereunder whenever such causes are removed.
If Allo Health’s performance of its obligations under this Agreement is suspended due to the occurrence of a Force Majeure Event for a period in excess of thirty (30) business days, Allo Health may terminate these Terms of Services or suspend its Services or use of Website without incurring any charges.
You shall not assign or transfer or purport to assign or transfer the contract between You and Us to any other person.
- GOVERNING LAW, JURISDICTION AND DISPUTE RESOLUTION
These Terms of Services are governed by the laws of India. Any action, suit, or other legal proceeding, which is commenced to resolve any matter arising under or relating to this website, shall be subject to the jurisdiction of the courts at Bangalore, India.
Allo Health offers an email, calling and in-app-based support system. In case you require any assistance or support, you may access support resources or contact our support by calling at [●] or use the “Help and Support” function on the Platform or email at [●]. Allo Health provides Support on Monday – Friday between the hours of 10 a.m. – 6:30 p.m. IST (except public holidays).
The User agrees and acknowledges that Allo Health shall address and attempt to resolve the complaint received in accordance with the standard policies and procedures adopted by Allo Health, the User’s disapproval/discontent with the outcome/mode of redressal shall not be deemed to mean non-redressal of the complaint by Allo Health. Any suggestions by Allo Health regarding the use of the Service shall not be construed as a warranty.
In furtherance of the Consumer Protection Act 2019 (“Consumer Protection Act”) and the Consumer Protection (E- Commerce) Rules 2020 (“E-Commerce Rules”) a nodal officer is appointed to ensure compliance with the Consumer Protection Act and the E-Commerce Rules.
The details of the grievance officer to which consumer grievances can be redressed are as follows;
Name: Shubham Dalvi
Designation of such officer:Operations
Allo Health shall revert to every complaint within 48 hours of receipt of the complaint. Further, Allo Health shall take best possible efforts to redress the complaint within 30 days of receipt of the complaint. Any suggestions by Allo Health regarding use of the Services shall not be construed as a warranty.
The User agrees and acknowledges that Allo Health shall address and attempt to resolve the complaint received in accordance with the standard policies and procedures adopted by Allo Health, the User’s disapproval/discontent with the outcome/mode of redressal shall not be deemed to mean non-redressal of the complaint by Allo Health. Any suggestions by Allo Health regarding use of the Service shall not be construed as a warranty.
- GRIEVANCE OFFICER
In accordance with Information Technology Act 2000, Information Technology (Intermediary Guidelines) Rules, 2011 and rules made there under, the name and contact details of the Grievance Officer are provided below:
The grievance officer shall revert to every complaint within 24 hours of receipt of the complaint. Further, Allo Health shall take best possible efforts to redress the complaint within 15 days of receipt of the complaint. Any suggestions by Allo Health regarding use of the Services shall not be construed as a warranty.