Effective Date:
This Agreement comes into force from the Effective date on which the Website is visited.
The Terms and conditions apply to the Consultants, patients, customers, merchants, browsers and/or contributors of content. By using the website the person warrants to be bound by the terms and conditions of the website as enlisted hereinunder. The services as enlisted will be provided only if the person agrees to be bound by the terms and conditions listed herein.
1) Standard Terms and Conditions:
- a. “Parties”, means, with respect to either party to this Agreement including any corporation/firm/partnership/ person/ subsidiary and/or any Corporate entity.
- b. “User”, means the person who is the user of the Website, any natural or legal person who is accessing the website and can mean even second-person identified as You, Your or end-customer.
- c. “Gravid” means the Creator, maker, publisher of this website.
- d. “Association”, for the purposes of this Contract means to initiate the process of communication with the User or between Consultant and User . It can also mean anyone who initiates a video call or regular call through a specific designated number installed by the Gravid. The Gravid is only a service provider who is employing the technology interface for facilitating communication, irrespective of any outcome of it viz no appointments or consultations getting fixed. The Gravid cannot determine the outcome of the User in relation to the Consultant or Hospital.
The Gravid may provide optional Support as under:
- External Consultations at the venue, if required for a specific case.
- Doctor on call or Emergency support in any form.
- “Age restriction” The user accessing this website should be atleast 18 years of age in order to avail the said services. By accessing the website and availing of the services the Gravid shall by default assume that the end user is 18 or above in age and is agreeable to the terms and conditions as laid down herein. The Gravid in no way will be liable for any service availed by misrepresenting the age to the Gravid.
- “Venue” It would mean and include the space provided by the Hospital for sale of merchandise and physical examination of the User if required.
2) Payment and fees
User agrees to pay Gravid for the Association completed in accordance with the terms of this Agreement as envisaged. User shall make an advance payment as usage charges that could be incurred by the Gravid for initiating the Association and completing the consultation, in the form of an online transfer through the specified payment gateway. The user may create and account with Gravid and store money in a Wallet for further usage and follow-ups. The said Wallet shall be debited for the required amounts as and when the Association or consultation are completed
3) Marketing and advertising
The Gravid may through the website indulge in marketing the goods, services and products of its affiliates.
4) Update and Representations:
All updates, progress and reports shall be provided to the Consultants, based on the number of Associations completed alongwith the details of the User. These reports can be provided weekly, monthly or quarterly to the designated Consultant or the Hospital as agreed thereupon. However, the User by availing the services warrants he/she shall comply with all applicable laws in the performance of its obligations hereunder.
5) Period of contract and Termination
The Contract will be effective from the effective date mentioned above. If there is a case of termination, Gravid has to refund any credits balance pending in the Wallet unconditionally.
6) Content creation and Ownership
Practitioners acknowledges that they are the original authors and creators of any Content uploaded by them via Gravid website and that no Content uploaded by them would constitute infringement of the intellectual property rights of any other person. Gravid reserves the right to remove any Content which it may determine at its own discretion as violating the intellectual property rights of any other person, including but not limited to patent, trademark, copyright or other proprietary rights. Practitioner agrees to absolve Gravid from and indemnify Gravid against all claims that may arise as a result of any third party intellectual property right claim that may arise from the Practitioner’s uploading of any Content on the Gravid website. The Practitioner may not use the images in the Gravid Gallery for any purpose other than those directly related to the creation and uploading of Content to Gravid website. The Practitioner also agrees to absolve Gravid from and indemnify Gravid against all claims that may arise as a result of any third party intellectual property claim if the Practitioner downloads, copies or otherwise utilizes an image from the Gravid Gallery for his/her personal or commercial gain.Practitioner hereby assigns to Gravid, in perpetuity and worldwide, all intellectual property rights in any Content created by the User and uploaded by the User via Gravid website.
Gravid shall have the right to edit or remove the Content and any comments in such manner as it may deem Gravid website at any time.
Practitioner shall ensure that the Content or any further responses to the Content (including responses to Users) is not harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic or libelous in any manner. Further, Practitioner should ensure that the Content is not invasive of any other person’s privacy, or otherwise contains any elements that is hateful, racially or ethnically objectionable, disparaging, or otherwise unlawful in any manner whatever. Gravid reserves the right to remove any Content which it may determine at its own discretion is violative of these Terms and Conditions or any law or statute in force at the time. Also, the Practitioner agrees to absolve Gravid from and indemnify Gravid against all claims that may arise as a result of any legal claim arising from the nature of the Content posted by the Practitioner on Gravid website.
Practitioner shall ensure that no portion of the Content is violative of any law for the time being in force.
Practitioner shall ensure that the Content is not threatening the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order. Further the Practitioner shall ensure that the Content will not cause incitement to the commission of any cognisable offence or prevent investigation of any offence or is insulting to any other nation.
7) Access of content
User may also use Gravid website in order to view original content created by Practitioners and to create and upload comments on such Content, where allowed (“User Comment”).
User acknowledges that the User Comment reflects the views and opinions of the authors of such Content and do not necessarily reflect the views of Gravid.
User agrees that the Content they access on Gravid website does not in any way constitute medical advice and that the responsibility for any act or omission by the User arising from the User’s interpretation of the Content, is solely attributable to the User. The User agrees to absolve Gravid from and indemnify Gravid against all claims that may arise as a result of the User’s actions resulting from the User’s viewing of Content on Gravid website.
User acknowledges that all intellectual property rights in the User Comment on Gravid website vests with Gravid. The User agrees not to infringe upon Gravid’s intellectual property by copying or plagiarizing content on Gravid website. Gravid reserves its right to initiate all necessary legal remedies available to them in case of such an infringement by the User. Also, User Comment will be the sole intellectual property of Gravid. The User agrees not to post User Comment that would violate the intellectual property of any third party, including but not limited to patent, trademark, copyright or other proprietary rights. Gravid reserves the right to remove any User Comment which it may determine at its own discretion as violating the intellectual property rights of any third party. The User agrees to absolve Gravid from and indemnify Gravid against all claims that may arise as a result of any third party intellectual property right claim that may arise from the User Comment.
User shall ensure that the User Comment is not harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic or libelous in any manner. Further, User should ensure that the User Comment is not invasive of any other person’s privacy, or otherwise contains any elements that is hateful, racially or ethnically objectionable, disparaging, or otherwise unlawful in any manner whatever. Gravid reserves the right to remove any Content which it may determine at its own discretion is violative of these Terms and Conditions or any law or statute in force at the time Also, the User agrees to absolve Gravid from and indemnify Gravid against all claims that may arise as a result of any legal claim arising from the nature of the User Comment.
User shall ensure that the User Comment is not threatening the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order. Further the Practitioner shall ensure that the User Comment will not cause incitement to the commission of any cognisable offence or prevent investigation of any offence or is insulting to any other nation.
The contents listed on the Website are (i) User generated content, or (ii) belong to Gravid. The information that is collected by Gravid directly or indirectly from the End- Users and the Practitioners shall belong to Gravid. Copying of the copyrighted content published by Gravid on the Website for any commercial purpose or for the purpose of earning profit will be a violation of copyright and Gravid reserves its rights under applicable law accordingly.
Gravid authorizes the User to view and access the content available on or from the Website solely for ordering, receiving, delivering and communicating only as per this Agreement. The contents of the Website, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the Website (collectively, “Gravid Content”), are the property of Gravid and are protected under copyright, trademark and other laws. User shall not modify the Gravid Content or reproduce, display, publicly perform, distribute, or otherwise use the Gravid Content in any way for any public or commercial purpose or for personal gain.
User shall not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
8) User interface: Covenants
By using this Website, you agree that any information shared by you with Gravid or with any Practitioner will be subject to our Privacy Policy.You are solely responsible for the content that you choose to submit for publication on the Website, including any feedback, ratings, or reviews (“Critical Content”) relating to Practitioners or other healthcare professionals. The role of Gravid in publishing Critical Content is restricted to that of an ‘intermediary’ under the Information Technology Act, 2000. Gravid disclaims all responsibility with respect to the content of Critical Content, and its role with respect to such content is restricted to its obligations as an ‘intermediary’ under the said Act. Gravid shall not be liable to pay any consideration to any User for re-publishing any content across any of its platforms. You hereby agree not to post or publish any content on the Website that (a) infringes any third-party intellectual property or publicity or privacy rights, or (b) violates any applicable law or regulation, including but not limited to the IG Rules and SPI Rules. Gravid, at its sole discretion, may choose not to publish your reviews and feedback, if so required by applicable law. You agree that Gravid may contact you through telephone, email, SMS, or any other electronic means of communication for the purpose of Obtaining feedback in relation to Website or Gravid’s services; and/or, Obtaining feedback in relation to any Practitioners listed on the Website; and/or, Resolving any complaints, information, or queries by Practitioners regarding your Critical Content; and you agree to provide your fullest co-operation further to such communication by Gravid. Gravid’s Feedback Collection and Fraud Detection Policy, is annexed as the Schedule hereto, and remains subject always to these Terms.
9) Records
Gravid may provide End-Users with a free facility known as ‘Records’ on its mobile application ‘Gravid’. Information available in your Records is of two types:User-created: Information uploaded by you or information generated during your interaction with Gravid ecosystem, eg: appointment, medicine order placed by you.Practice-created: Health Records generated by your interaction with a Practitioner who uses Gravid software.The specific terms relating to such Health Account are as below, without prejudice to the rest of these Terms and the Privacy Policy: Your Records is only created after you have signed up and explicitly accepted these Terms. Any Practice created Health Record is provided on an as-is basis at the sole intent, risk and responsibility of the Practitioner and Gravid does not validate the said information and makes no representation in connection therewith. You should contact the relevant Practitioner in case you wish to point out any discrepancies or add, delete, or modify the Health Record in any manner.The Health Records are provided on an as-is basis. While we strive to maintain the highest levels of service availability, Gravid is not liable for any interruption that may be caused to your access of the Services. The reminder provided by the Records is only a supplementary way of reminding you to perform your activities as prescribed by your Practitioner. In the event of any medicine reminders provided by Gravid, you should refer to your prescription before taking any medicines. Gravid is not liable if for any reason reminders are not delivered to you or are delivered late or delivered incorrectly, despite its best efforts. In case you do not wish to receive the reminders, you can switch it off through the Gravid app It is your responsibility to keep your correct mobile number and email ID updated in the Records. The Health Records will be sent to the Records associated with this mobile number and/or email ID. Every time you change any contact information (mobile or email), we will send a confirmation. Gravid is not responsible for any loss or inconvenience caused due to your failure in updating the contact details with Gravid.Gravid uses industry–level security and encryption to your Health Records. However, Gravid does not guarantee to prevent unauthorized access if you lose your login credentials or they are otherwise compromised. In the event you are aware of any unauthorized use or access, you shall immediately inform Gravid of such unauthorized use or access. Please safeguard your login credentials and report any actual suspected breach of account to support@Gravid.com.If you access your dependents’ Health Records by registering your dependents with your own Records, you are deemed to be responsible for the Health Records of your dependents and all obligations that your dependents would have had, had they maintained their own separate individual Records. You agree that it shall be your sole responsibility to obtain prior consent of your dependent and shall have right to share, upload and publish any sensitive personal information of your dependent. Gravid assumes no responsibility for any claim, dispute or liability arising in this regard, and you shall indemnify Gravid and its officers against any such claim or liability arising out of unauthorized use of such information.In case you want to delete your Records, you can do so by contacting our service support team. However only your account and any associated Health Records will be deleted, and your Health Records stored by your Practitioners will continue to be stored in their respective accounts.You may lose your “User created” record, if the data is not synced with the server. If the Health Record is unassessed for a stipulated time, you may not be able to access your Health Records due to security reason. Gravid is not liable if for any reason, Health Records are not delivered to you or are delivered late despite its best efforts. The Health Records are shared with the phone numbers that are provided by your Practitioner. Gravid is not responsible for adding the Heath Records with incorrect numbers if those incorrect numbers are provided by the Practitioner.Gravid is not responsible or liable for any content, fact, Health Records, medical deduction or the language used in your Health Records whatsoever. Your Practitioner is solely responsible and liable for your Health Records and any information provided to us including but not limited to the content in them.Gravid has the ability in its sole discretion to retract Health Records without any prior notice if they are found to be shared incorrectly or inadvertently.Gravid will follow the law of land in case of any constitutional court or jurisdiction mandates to share the Health Records for any reason.You agree and acknowledge that Gravid may need to access the Health Record for cases such as any technical or operational issue of the End User in access or Gravidship of the Records.You acknowledge that the Practitioners you are visiting may engage Gravid’s software or third party software for the purposes of the functioning of the Practitioner’s business and Gravid’s services including but not limited to the usage and for storage of Records in India and outside India, in accordance with the applicable laws. the extent that your Records have been shared with Gravid or stored on any of the Gravid products used by Practitioner’s you are visiting, and may in the past have visited, You hereby agree to the storage of your Records by Gravid pertaining to such previously visited clinics and hospitals who have tie ups with Gravid for the purposes of their business and for Gravid’s services including but not limited to the usage and for storage of Records (as defined in Section 3.10) in India and outside India, in accordance with the applicable laws and further agree, upon creation of your account with Gravid, to the mapping of such Records as may be available in Gravid’s database to your User account
10) Indemnity, liability and protection:
the consultants alongwith the Users agrees to defend, indemnify and protect the Gravid and its employees or agents from and against any and all claims, actions, suits, proceedings, loss, damages, costs and expenses that any or all of them may suffer or incur on account of their breach of any provision of this Agreement and/or breach of laws and/or due to breach of confidentiality obligations by the user. The Gravid will in no way be responsible for any loss or damage causes by usage of the website or products by people under the restricted age mentioned above.
Neither party is liable to the other party for any loss of profits or revenue, or for any consequential damages whatsoever, including any disruptions in business or operations, loss of information or data arising out of this Agreement.
11) Non-Disclosure and Data Privacy as per applicable Laws :
Either party receiving information shall conserve the same as confidential irrespective of whether there is a request to mark it as ‘confidential’ or sensitive. The Receiving Party must always conserve and preserve the Confidential Information in trust and good faith of the Disclosing Party and shall not disclose Confidential Information to any third party, or use any Confidential Information for its own benefit or the benefit of any other person. The Gravid cannot be held liable for any loss resulting on account of the said disclosure and the defaulting party maybe subject to punitive action under the applicable laws of the land.
12) Force Majeure:
No party will be responsible for any failure or delay in its performance under this Agreement due to causes beyond its reasonable control, including and labour disputes in the hospital between employees resulting in strikes or a lockouts. In addition, no internet or telecommunication failures shall be attributed to be able to claim any damage under the Agreement. Any war, terrorism, riot, acts of God or governmental action, acts by hackers or other malicious third parties, labour shortage or anything in the like nature is not liable to be claimed as damage under the Agreement .
13) Jurisdiction:
All disputes will be subject to the jurisdiction of the Indian Courts having territorial jurisdictions areawise. If any part of the Terms and conditions is held inavlid or unenforceable by a Court of Law or equivalent competent authority, the remaining parts or sub-parts maybe enforced to the maximum extent possible.
14) Cancellation and Refund Policy
In the event that, the Practitioner with whom User has booked a paid appointment via the Website, has not been able to meet the User, User will need to write to us at support@Gravid.com within five (5) days from the occurrence of such event; in which case, the entire consultation amount as mentioned on the Website will be refunded to the User within the next five (5) to six (6) business days in the original mode of payment done by the User while booking. In case where the User, does not show up for the appointment booked with a Practitioner, without cancelling the appointment beforehand, the amount will not be refunded. However, where cancellation charges have been levied (as charged by the Practitioner/Practice), you would not be entitled to complete refund even if you have cancelled beforehand.Users will not be entitled for any refunds in cases where, the Practitioner is unable to meet the User at the exact time of the scheduled appointment time and the User is required to wait, irrespective of the fact whether the User is required to wait or choose to not obtain the medical services from the said Practitioner.
15) No doctor-patient relationship; Not for emergency use
Please note that some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, “Information”) that may be available on the Website (including information provided in direct response to your questions or postings) may be provided by individuals in the medical profession. The provision of such Information does not create a licensed medical professional/patient relationship, between Gravid and you and does not constitute an opinion, medical advice, or diagnosis or treatment of any particular condition, but is only provided to assist you with locating appropriate medical care from a qualified practitioner.
It is hereby expressly clarified that, the Information that you obtain or receive from Gravid, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Website is for informational purposes only. We make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, quality of work, expertise or other information provided on the Website. In no event shall we be liable to you or anyone else for any decision made or action taken by you in reliance on such information.
The Services are not intended to be a substitute for getting in touch with emergency healthcare. If you are an End-User facing a medical emergency (either on your or a another person’s behalf), please contact an ambulance service or hospital directly.
16) Applicability
These terms & conditions governing Gravid are applicable to Users (being both end-users/ Practitioner). However, it is clarified that the terms and conditions herein applicable only to Practitioners and applicable to Users are called out separately, as the context warrants.
