TERMS OF USE
We, at Eikonikos Klinki Pvt Ltd (“EKPL”, “we,” “us” ‘our” “Company”) provide services to you through our app and our website [www.eikonikosclinics.com] subject to the notices, terms, and conditions set forth in this Agreement. These Terms of Use constitute the agreement (the “Agreement” or “Terms of Use”) between EKPL and the user of EKPL’s services. Your use of EKPL’s app or website at [http://www. doctors.eikonikosclinics.com] is subject to the following terms and conditions.
This Agreement is an electronic record in terms of Information Technology Act, 2000 and generated by a computer system and does not require any physical or digital signatures.
This Agreement is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines and Digital Media Ethics Code) Rules, 2021 that require publishing the rules and regulations, privacy policy and terms of use for access or usage of the Subscription Services.
The domain name [www.doctors.eikonikosclinics.com], an internet based portal/ [Eikonikos Clinics Doctors], a web/mobile application (collectively referred to as “Eikonikos doctor Platform”), is/are owned and operated by EKPL, a company duly incorporated under the provisions of the Companies Act, 2013. EKPL is the owner/licensor of the software “Eikonikos Clinics Doctors” and all their variants, editions, add-ons, and ancillary Subscription Services or Services, EKPL Platforms, including all files and images contained in or generated by the software, and accompanying data (“Software”).
The Software has been designed for use by health care workers (“HCW/s”), which term shall also include designated associates of the healthcare service providers who would use Software. All users of the Software are together termed as (“Users” or “you” or “your”). Any accessing or browsing of the Services indicates your agreement to all the terms and conditions in this Agreement. If you disagree with any part of the Terms of Use, then you should discontinue access or use of the Software.
We may from time to time update, modify or revise these Terms of Use. Every time you wish to use any EKPL service, please check the relevant Terms of Use to ensure you understand the terms including the modified terms, if any, that apply at that time. Your continued use of the Eikonikos Doctor platform as a Doctor to provide online health consultation Services after modification conveys your acceptance and consent to follow and be bound by the Terms of Use as modified. Any additional terms and conditions, disclaimers, privacy policies and other policies applicable to general and specific areas of the Subscription Services or to particular Subscription Services are also considered as Terms of Use.
Any person may have limited access to the EKPL Platforms without creating an account. In order to have access to all the features and benefits on EKPL Platforms, you must first create an account on EKPL Platforms, for which you are required to provide certain information, which is required to identify you. Other information requested on the registration page, including the ability to receive promotional offers from EKPL, is optional.
EKPL may, in future, add other optional requests for information to help us to customize the Services and to deliver personalized products and services.
If you have any grievances regarding the Services, Terms of Use and Privacy Policy, or any other grievance pertaining to your use of the EKPL Platforms, you may contact
Grievance Officer: _Hardeep Singh
Email address: admin@eikonikosclinics.com
You agree and acknowledge that the Usage of the EKPL Platform is subject to these ‘Terms of Use’ and ‘Privacy Policy’ (collectively “Platform Documents”).
i.) You are requested to go through the Platform Documents carefully. Please note that EKPL may, from time to time, update, modify or revise the Platform Documents. An updated copy of the Platform Documents can be viewed on the EKPL Platform. Your continued use of the EKPL Platform conveys your acceptance and consent to follow and be bound by the Platform Documents, as modified from time to time. Continuation of your usage of the EKPL Platform shall be dependent on the prevailing policies and practices followed by EKPL then.
ii.) You shall be solely responsible for your compliance with the extant legal framework applicable to medical practitioners in India, including but not limited to telemedicine laws. Any payment made by patients using the EKPL Platform for availing tele-health-consultation from our doctors shall be subject to the terms and conditions of the EKPL. We, EKPL shall be liable to make payments to doctors fortnightly or every 15-days to the bank account details provided to EKPL platform.
iii) Nothing contained in this clause prohibits EKPL to deduct Tax Deduction at Source (TDS) or levy or deduct similar such taxes (whether direct or indirect) or duties, as required by any law/ or regulations, from time to time, by whatever name called, as may be applicable. Your valid Permanent Account Number (PAN) should be submitted to EKPL.
iv.) You shall not engage in unlawful/improper practices such as fraudulent bookings or consultations to misuse EKPL Platform where such booking is made to generate personal revenue and/or any other commercial purpose. You shall also not engage in inappropriate behavior/misconduct or cause any kind of inconvenience to patients. In case there are any fraudulent bookings, or EKPL reasonably believes that there are any fraudulent bookings, EKPL has a right to terminate your account and not release payments beheld till that day.
v.) You shall not engage in any activity that interferes with or disrupts or damages EKPL Platform. You shall prescribe only generic medicines available listed on our platform, and shall advise generic treatment and tests. You shall upload proper medical prescriptions of patients in a timely manner and shall not misuse patients’ medical information and/or any other information obtained by you through EKPL Platform.
vi.) You acknowledge and agree to give a “committed time slot” to take consultation calls from patients and shall stick and follow to that timings religiously to give good patient experience on the platform. Apart from “committed consultation time slot” you can stay online whenever you have time in the day and are ready to take calls. For every successful consultation done in either way, you’ll receive payment as mentioned above.
vii.) EKPL does not make any express or implied representation or provide any warranty to the effect that EKPL Platform shall meet all your requirements. By proceeding to use the EKPL Platform/agreeing to these terms, you agree that you have the legal authority to bind yourself to these engagement terms, Platform Documents, and being legally bound by it.
You represent and warrant that:
a.) You are a registered medical practitioner in India, in accordance with the applicable laws for the time being in force (and such registration does not include “provisional registration” under the said applicable laws);
b.) Your registration has never been canceled or challenged;
c.) All information provided by you, including in relation to your academic qualifications, specialization, and professional accreditations, are true and accurate;
d.) You are in compliance with all the applicable laws in India including but not limited to laws in relation to medical registration, clinical establishments, administration and prescription of medicines, and all other applicable laws, and you warrant that you shall remain in compliance with the same at all times;
e.) Any information that you receive from us at EKPL platform, including information relating to your Patients, has been obtained by you in accordance with applicable law and you are not authorized to store, process, handle and share the same outside this platform.
f.) You have read the Terms of Use, Privacy Policy and otherwise understood any and all risks associated with the use of the online consultation platform.
g.) You are competent to use the Software and/or receive the telemedicine Services;
h.) You have not been previously suspended or removed by EKPL, or disqualified for any other reason, from availing the Services;
i.)You hereby consent and authorize us for listing your name and means of contact on other EKPL platforms to enable application users to search and find you as well as to contact you for booking appointments and availing your services.
When you use the EKPL Subscription Services, you agree to the following conditions of use:
a.) You shall provide services to any person who seeks your medical advice, on a principal-to-principal basis, even where such a Patient has reached you through a service provided by EKPL. Where a patient or some other user on their behalf 4 (“Patient/s”) books an appointment through a service provided by EKPL, you will adhere to professional codes of conduct and applicable law in your engagement with all such Patients and third parties.
b.) You shall provide professionally best quality services to Patients and ensure that there is no deficiency in the services provided by you to the Patients.
c.) Your use of the EKPL Subscription Services does not make EKPL a service provider to the Patient or create a relationship of employment or agency between EKPL and you. You continue to remain solely liable for any advice you provide to any Patient or third party.
d.) You shall provide accurate and complete information everywhere on the EKPL Platforms, based on which you will receive the Subscription Services. Any registration information given to EKPL by you is true, accurate, correct, complete and up to date, to the best of your knowledge and belief. Any phone number used to register with the Subscription Services is registered in your name and you might be asked to provide supporting documents to prove the same. You bear the sole responsibility for any consequences arising out of any inconsistency or inaccuracy of any information or data provided by you. EKPL is not obliged to make any enquiries to check the veracity of the information provided by you. If we find that the information provided by you is fraudulent or inaccurate, we shall have the right to immediately terminate or suspend/restrict your use of the Software and delist you from the Software. You agree to specifically indemnify EKPL for any losses incurred as a result of fraudulent or inaccurate information provided by you or any misrepresentations made by you to EKPL. In case EKPL reasonably believes that there is any fraudulent booking/transaction done by you or in connivance with a third party, we shall have the right to not pay you for such fraudulent transactions.
e.) You shall view and access the content available on the EKPL Platform solely for the purposes of availing the Services, and only as per these Terms of Use and the Privacy Policy. You may use the Services for the purposes of maintaining Patient records, billing functions, creating case notes, and maintaining Patient history. In the course of your use of the Subscription Services, you shall not modify any content on the Software, or reproduce, display, publicly perform, distribute, or otherwise use such content in any way for any non-commercial/commercial purpose or for personal gain.
f.) You agree to use the Software and Services only for specified purposes that are permitted as per (a) the Terms of Use and (b) any applicable law, regulation and generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from India or other relevant countries). You shall not use Software and/or Services for any competitive or benchmarking purposes or for any such purposes that are disruptive to the EKPL Platforms and/or its business.
g.) You shall not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit the EKPL Platform or any portion of it unless expressly permitted by EKPL in writing. You shall not use any engine, software or any other mechanism for accessing, searching and/or navigating the EKPL Platform.
h.) You shall upload proper medical prescriptions of Patients in a timely manner and shall not misuse Patients’ medical information and/or any other information obtained by you through the Software.
i.) You shall be solely responsible for all access to and use of the EKPL Platforms by anyone using the password and identification originally assigned to you whether or not such access to and use of the EKPL Platforms is actually authorized by you, including without limitation, all communications and transmissions and all obligations (including, without limitation, financial obligations) incurred through such access or use. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you.
j.) You shall not engage in any activity that interferes with or disrupts or damages the Software (or the servers and networks which are connected to the Software). EKPL reserves the right to initiate appropriate action against you for breach or threatened breach of your obligations under this clause.
k.) You shall not impersonate any person or entity, or falsely state or otherwise misrepresent your identity, age, qualifications, professional accreditations, or affiliation with any person or entity. If any fraudulent consultation is done to misuse the EKPL Platforms including but not limited to situations where such consultation/appointment is done to generate personal revenue and/or for any other commercial purpose, we shall have a right to terminate, suspend and/or restrict your Services and account, and delist you from the EKPL Platform.
l.) You may not upload any content prohibited under applicable law, and/or designated as “Prohibited Content” under Section 5 of these Terms of Use.
m.) You may discontinue the use of these Services and request us to delete any information provided by you, by writing to us at admin@eikonikosclinics.com. We might connect with you in case we need any further details in order to respond to your request.
n.) You shall indemnify EKPL for any claims, losses or damages, or for the costs of any regulatory or court proceedings suffered by Company as a consequence of your breach of this Agreement.
o.) You explicitly agree that you are solely responsible for maintaining the confidentiality of login credentials and passwords associated with any log-in you use to access the Software and store your confidential, personal and sensitive information. In no event shall EKPL be liable if your login credentials are compromised thereby resulting in breach of your personal, sensitive and/or confidential information.
p.) You agree and acknowledge that if the information provided to EKPL by you, through the Software is not synced with the servers of EKPL, you may lose such information.
q.) You agree that any Patient or other third party whose information you provide into the Software is aware of the reasonable risks associated with your use of the Telemedicine Services, and that you have obtained their consent to the extent such information is shared with EKPL.
r.) EKPL offers its Telemedicine Services on an as-is basis. EKPL has the sole right to modify any feature or customize them at its sole discretion and there shall be no obligation to make customization as requested by any User. We do not make any representation or warranty about the Software. EKPL specifically disclaims all liability resulting from your use of the Software.
s.) EKPL provides basic support for the Software and Services and will make, as far as possible, commercially reasonable efforts to make the Software and Services available 24 hours a day, 7 days a week, except for (i) technological errors, (ii) planned downtime, or (iii) any unavailability caused by circumstances beyond EKPL’s reasonable control, including without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, lockdown, acts of terror, strikes or other labour problems, or internet service provider failures or delays. EKPL takes no responsibility for any disruption, interruption or delay caused by any failure of or inadequacy in any of these limiting factors or any other factor beyond the control of the Company.
t.) EKPL shall have the right, at its sole discretion, to suspend your ability to use or access the Software at any time while EKPL investigates complaints against you or alleged violations by you of this Agreement, or for any other reason.
u.) EKPL reserves the right to add new functionality, remove existing functionality, and modify existing functionality to its Software as and when it deems fit, and make any such changes available in newer versions of its Software or mobile application or all of these at its discretion. You may or may not be notified upon release of such newer versions and EKPL reserves the right to automatically upgrade you to the latest version of its Software as and when it deems fit.
v.) You acknowledge and specifically consent to EKPL or our respective affiliates and partners contacting you using the contact information you have provided to us at any time during your association with us for any purpose including but not limited to the following purposes, which will enable EKPL to deliver the Services to you and/or enhance the delivery of the Services to you: ·
To obtain feedback regarding the Service; ·
To contact you for offering new products or services, whether offered by us, or our respective affiliates or partners. You acknowledge and agree that you may be contacted for the above purposes, using any of the contact details provided by you including via emails or other electronic and internet-based means.
w.) In addition, you will be sent a one-time password via SMS to your registered mobile number, to verify your login on the EKPL Platform using a mobile number.
x.) You are solely responsible for the accuracy/authenticity of the payment details provided by You, including but not limited to the bank account details. Any personal data whether provided by You as a part of receiving the fee payment process or collected automatically when you use the service will be governed by the Privacy Policy. You confirm that you are the authorized user of such bank account details/ other payment details you share with us.
y.) EKPL may call you for the purpose of obtaining your feedback on the Software. After taking your explicit consent, EKPL may also record and access such call recordings for quality control and training purposes.
z.) In recognition of the Services provided by EKPL to you, you agree to: i. permit EKPL to incorporate a brief account of the services that we deliver to you and make reference to you, in EKPL's marketing, promotional and advertising activities; ii. act as a medical practitioner (Doctor) for our existing and prospective platforms; iii. use your name, photograph and/or logo and related branding materials in our marketing, promotional and advertising activities. iv. You agree and acknowledge that the consultation fee charged by EKPL on the telemedicine Platform, cannot be modified without EKPL’s approval. If you were to modify your consultation fee without EKPL’s approval in writing, EKPL shall not be liable or obliged to provide you payment for the consultation fee modified without the approval of EKPL.
We reserve the right to refuse service or terminate accounts at our discretion, if we believe that you have violated or are likely to violate applicable law or these Terms of Use.
You shall not upload host, display, modify, transmit, update or share any information or to, distribute, or otherwise publish through the EKPL Services the following Prohibited Content, which includes any content, information, or any other material that:
a.) belongs to another person and which you do not own the rights to;
b.) is harmful, harassing, blasphemous defamatory, obscene, pornographic, pedophilic, invasive of another's privacy
c.) is hateful, racially or ethnically objectionable, disparaging of any person;
d.) relates to or seems to encourage money laundering or gambling,
e.) harm minors in any way;
f.) infringes any patent, trademark, copyright or other proprietary rights; LL
g.) violates any law in India for the time being in force;
h.) deceives or misleads the addressee about the origin of your message;
i.) communicates any information which is grossly offensive or menacing in nature;
j.) impersonates another person; k. contains software viruses any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource and malicious programs;
l.) threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order;
m.) incites any offense or prevents investigation of any offense or insults any other nation.
n.) circumventing or disabling any digital rights management, usage rules, or other security features of the Software;
o.) copying or duplicating in any manner any of the EKPL content or other information available from the Software;
p.) is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person. You also understand and acknowledge that if you fail to adhere to the above, we have the right to remove such information and / or immediately terminate your access to the Services and / or to the EKPL Platforms. We shall also preserve such Prohibited Content for such period as may be required under applicable law for investigation purposes.
By using our Services, you confirm that you understand and agree to the following:
a.) EKPL does not provide any medical or diagnostic services. None of the services provided by EKPL on its app and / or website may be construed as medical advice of any kind. Any medical advice provided to the Patient is provided directly by you, and you will be solely liable to the Patient for the consequences of acting on such advice, and all post-consultation followup action.
b.) EKPL makes no express or implied representations or warranties about its Software or Services and disclaims any implied warranties, including, but not limited to, warranties or implied warranties of merchantability or fitness for a particular purpose or use or noninfringement. Company does not authorize anyone to make a warranty on behalf of EKPL.
c.) EKPL only facilitates communications between you and the Patient in some circumstances (such as when both you and the Patient use a EKPL application) and bears no responsibility for the quality and outcome of any such services provided by you.
d.) EKPL only facilitates communications between you and the Patient and the Company bears no responsibility for the behaviour of any Patient during the consultation process or otherwise.
e.) You use the tele-consultation Services as per your business needs. Please note that though we take all reasonable steps in accordance with industry standards to prevent illegal access, we cannot guarantee that the services will never suffer from a software bug or a hacker attack that will allow unauthorized viewing of confidential material.
f.) EKPL may or has entered into Agreement with various entities engaged in the healthcare services on principal to principal basis without any fiduciary relationship and shall not be directly or indirectly liable to any third party for any act or omission of such service providers, including you.
g.) In no event shall EKPL bear liability or responsibility for any inappropriate behavior, misconduct or any type of inconvenience caused by the you or the Patient.
h.) In the event that EKPL markets or promotes any services to you, please note you are responsible for undertaking an independent assessment regarding the suitability of such services for your purposes. Marketing or promotion of services should be considered as being for informational purposes only and shall not constitute expert advice on the suitability of such services for your specific needs.
i.) In no event, EKPL or its affiliates shall be liable to you for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages arising out of or relating to:
(i) these Terms of Use and Privacy Policy;
(ii) your use or inability to use the EKPL Services.
j.) EKPL does not control or endorse the content, messages or information provided by you, that we may record and display on any EKPL Platform. In all such cases, we merely act as an aggregator/facilitator. Therefore, we specifically disclaim any liability with regard to the products and services offered by you.
k.) In the event that you move to any mode of communication with the Patient outside the EKPL authorized platform (eg: whatsapp, telephonic call etc), you will be solely responsible for any issues (including but not limited to quality of service, network issues etc.) arising from such personal mode of communication with the Patient. Such communication is strongly refrained by EKPL.
l.) EKPL expressly disclaims any liability arising out of the third-party advertisements, solicitations of their respective product and services (through dedicated hyperlink) on the EKPL Platform. EKPL takes no responsibility for advertisements or any third-party material posted on the EKPL Platform nor does it take any responsibility for the products or services provided by advertiser/seller/solicitor. Any dealings You have with advertisers found while using the Services are between You and the advertiser, and You agree that EKPL is not liable for any loss or claim that You may have against an advertiser/seller/solicitor.
m.) You agree and acknowledge that EKPL shall not be liable if any inactive, inaccurate, fraudulent, or non-existent profiles of HSPs are displayed on the EKPL Platforms.
n.) EKPL assumes no responsibility, and shall not be liable for viruses that may infect your equipment or any other damages to your equipment on account of your access to, use of, or downloading of any content from the Software. You agree and acknowledge that if you are dissatisfied with the Software, your only remedy is to discontinue using the Software. In no event, including but not limited to negligence, shall EKPL, or any of its directors, officers, employees, agents or content or service providers (collectively, the “Protected Entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Software or the content, materials and functions related thereto, even if such Protected Entity has been advised of the possibility of such damages. In no event shall the Protected Entities be liable for or in connection with any content posted, transmitted, exchanged or received by you or on your behalf on or through the Software. Notwithstanding anything contained herein, in no event shall the total aggregate liability of the Protected Entities for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from the Terms of Use or your use of the Software exceed, in the aggregate INR 1000/-.
In no event shall the Protected Entities be liable for failure on the part of the doctors/Healthcare providers to provide agreed services or to make himself/herself available at the appointed time, cancellation or rescheduling of appointments or variation in fees charged. In no event shall the Protected Entities be liable for any comments or feedback given by any of the HSP’s in relation to the services provided by HSP. The Protected Entities and the EKPL shall not be liable for any act or omission of any other company or companies furnishing a portion of the Services, or from any act or omission of a third party. This section shall survive the termination of this Agreement and the termination of your use of our Services.
We respect your right to privacy in respect of any personal information provided to us. To see how we collect and use your personal information, please see our Privacy Policy. The Privacy Policy is by necessary implication part of this Terms of Use and the clauses therein are not repeated here for the sake of brevity.
You recognize and agree that all copyright, registered trademarks, all contents of the mobile application/website including but not limited to the look and feel, layout, design, text, graphics and arrangement and other intellectual property rights on all materials or contents provided as part of the Software (“Intellectual Property”) belong to us at all times or to those who grant us the license for their use. No use of the Intellectual Property of the Company or third party which Company has a right to use may be made for any commercial/non-commercial purpose, without the prior written authorization of EKPL.
10.1. Pricing and Payment
a.) Price for usage rights of the Software shall be as decided by the Company from time to time. The Payment process shall be decided at the sole discretion of the Company.
b.) EKPL reserves the right to modify the fee structure anytime considering the business demands and marketing scenario.
c.) You can cancel your access to the Software by contacting us by email or any other mode of communication with the Company.
d.) EKPL shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Software, or parts thereof.
10.2. Accuracy of Information Displayed
a.) We have made every effort to display, as accurately as possible, the information provided by the relevant third parties. However, we do not undertake any liability in respect of such information and or with respect to any other information in regard to which you are capable of conducting your own due diligence to ascertain accuracy. We also update such information at regular time periods. However, Company does not undertake any liability in respect of any information with respect to which you are capable of conducting your own due diligence to ascertain accuracy.
b.) We have made every effort to display Doctor’s information before Patients, as accurately as possible. Doctor’s information includes but is not limited to information about the qualification, experience, Registration Number, geographical location, photograph of such Doctor and available time slots. We also update such information at regular time periods. However, EKPL specifically disclaims any liability resulting from the inaccurate or improper display of such HSP information.
Where any of the EKPL Platforms contain links to other sites and resources provided by third parties (including where our social media sharing plug-ins include links to third party sites), these links are provided for your information only. We have no control over the contents of those websites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. Inclusion of any link on the Software should not be deemed to imply that EKPL endorses the linked site. You may use the links and the third party services at your own risk, choice and preference. If you visit any third-party website via EKPL Platform, you may be required to adhere to such third party’s terms and conditions and privacy policy along with these.