Terms and Conditions
Web Freak Solution is the author and publisher of the internet resource www.mylifelineapp.com and the mobile application ‘My LifeLine’ (together, “Website”). Web Freak Solution owns and operates the services provided through the Website(www.mylifelineapp.com) and the Mobile Application(My LifeLine).
1.NATURE AND APPLICABILITY OF TERMS
The Agreement applies to you whether you are –
1.1 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 Mobile Application, including designated, authorized associates of such practitioners or institutions (“Practitioner(s)”, “you” or “User”); or
1.2 A patient, his/her representatives or affiliates, searching for Practitioners through the Mobile Application (“End-User”, “you” or “User”); or
1.3 Otherwise a user of the Mobile Application (“you” or “User”).
This Agreement applies to those services made available by My LifeLineon the Mobile Application, which are offered free of charge to the Users (“Services”), including the following:
1.4 For Practitioners: Listing of Practitioners and their profiles and contact details, to be made available to the other Users and visitors to the Website;
1.5 For other Users: Facility to (i) create and maintain ‘Accounts/Profiles’, (ii) search for Practitioners by name, specialty, and geographical area, or any other criteria that may be developed and made available by My LifeLineApplication, and (iii) to make appointments with Practitioners.(iv) To share any type of Medical reports with the Practitioners.
The Services may change from time to time, at the sole discretion of My LifeLine, and the Agreement will apply to your visit to and your use of the Mobile Application to avail the Service, as well as to all information provided by you on the Mobile Application at any given point in time.
This Agreement defines the terms and conditions under which you are allowed to use the Mobile Application and describes the manner in which we shall treat your account while you are registered as a member with us. If you have any questions about any part of the Agreement, feel free to contact us at email@example.com.
By downloading or accessing the My LifeLine Mobile Application to use the Services, you irrevocably accept all the conditions stipulated in this Agreement, the Terms & Conditions and policies as available on the Website (www.mylifelineapp.com), and agree to abide by them. This Agreement supersedes all previous oral and written terms and conditions (if any) communicated to you relating to your use of the My LifeLine Mobile Application to avail the Services. By availing any Service, you signify your acceptance of the terms of this Agreement.
We reserve the right to modify or terminate any portion of the Agreement for any reason and at any time, and such modifications shall be informed to you in writing you should read the Agreement at regular intervals. Your use of the My LifeLineMobile Application following any such modification constitutes your agreement to follow and be bound by the Agreement so modified.
You acknowledge that you will be bound by this Agreement for availing any of the Services offered by us. If you do not agree with any part of the Agreement, please do not use the My LifeLineMobile Application or avail any Services.
Your access to use of the My LifeLineMobile Application and the Services will be solely at the discretion of My LifeLinethat is a product of Web Freak Solution.
The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but not limited to:
1.6 the Indian Contract Act, 1872,
1.7 The (Indian) Information Technology Act, 2000, and
1.8 the rules, regulations, guidelines and clarifications framed there under, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”).
2.CONDITIONS OF USE
You must be 18 years of age or older to register, use the Services, or visit or use the Website in any manner. By registering, visiting and using the My LifeLineMobile Application or accepting this Agreement, you represent and warrant to My LifeLinethat you are 18 years of age or older, and that you have the right, authority and capacity to use the My LifeLineMobile Application and the Services available through the My LifeLineMobile Application, and agree to and abide by this Agreement.
The terms in this Clause 3 are applicable only to Users other than Practitioners.
3.1 END-USER ACCOUNT AND DATA PRIVACY
3.1.2 My LifeLinemay by its Services, collect information relating to the devices through which you access the Mobile Application, and anonymous data of your usage. The collected information will be used only for improving the quality of My LifeLineservices and to build new services.
3.1.3 The My LifeLineMobile Application allows My LifeLineto have access to registered Users’ personal email or phone number, for communication purpose so as to provide you a better way of booking appointments and for obtaining feedback in relation to the Practitioners and their practice.
- The type of information collected from Users, including sensitive personal data or information;
- The purpose, means and modes of usage of such information;
- How and to whom My LifeLinewill disclose such information; and,
- Other information mandated by the SPI Rules.
- the fact that certain information is being collected;
- the purpose for which the information is being collected;
- the intended recipients of the information;
- the nature of collection and retention of the information; and
- the name and address of the agency that is collecting the information and the agency that will retain the information; and
- the various rights available to such Users in respect of such information.
3.1.6 My LifeLine shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the User to My LifeLineor to any other person acting on behalf of My LifeLine.
3.1.7 The User is responsible for maintaining the confidentiality of its User’s account access information and password, if the User is registered on the My LifeLineMobile Application. The User shall be responsible for all usage of the User’s account and password, whether or not authorized by the User. The User shall immediately notify My LifeLineof any actual or suspected unauthorized use of the User’s account or password. Although My LifeLinewill not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of My LifeLine or such other parties as the case may be, due to any unauthorized use of your account.
3.1.8 If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or My LifeLine has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, My LifeLine has the right to discontinue the Services to the User at its sole discretion.
3.1.9 My LifeLine may use such information collected from the Users from time to time for the purposes of debugging customer support related issues.
3.2LISTING CONTENT AND DISSEMINATING INFORMATION
3.2.1 My LifeLinecollects, directly or indirectly, and displays on the My LifeLineMobile Application, relevant information regarding the profile and practice of the Practitioners listed on the My LifeLineMobile Application, such as their specialization, qualification, fees, location, visiting hours, and similar details. My LifeLinetakes reasonable efforts to ensure that such information is updated at frequent intervals. Although My LifeLinescreens and vets the information and photos submitted by the Practitioners, it cannot be held liable for any inaccuracies or incompleteness represented from it, despite such reasonable efforts.
3.2.2. My LifeLinedoes not provide or make any representation, warranty or guarantee, express or implied about the My LifeLineMobile Application or the Services. My LifeLinedoes not guarantee the accuracy or completeness of any content or information provided by Users on the My LifeLineMobile Application. To the fullest extent permitted by law, My LifeLinedisclaims all liability arising out of the User’s use or reliance upon the My LifeLineMobile Application, the Services, representations and warranties made by other Users, the content or information provided by the Users on the My LifeLineMobile Application’
3.2.3 The My LifeLine may be linked to the website/Application of third parties, affiliates and business partners. My LifeLine has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such websites or Mobile Applications. User may use the links and these services at User’s own risk.
3.2.4 My LifeLineassumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect User’s equipment on account of User’s access to, use of, or browsing the My LifeLineMobile Application or the downloading of any material, data, text, images, video content, or audio content. If a User is dissatisfied with the My LifeLineMobile Application, User’s sole remedy is to discontinue using the My LifeLineMobile Application.
3.2.5 If My LifeLine determines that you have provided fraudulent, inaccurate, or incomplete information, including through feedback, My LifeLine reserves the right to immediately suspend your access to the My LifeLine Mobile Application or any of your accounts with My LifeLine. You shall be liable to indemnify My LifeLine for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected My LifeLine or its Users.
3.3 BOOK APPOINTMENT AND CALL FACILITY
My LifeLineenables Users to connect with Practitioners through two methods: a) Book facility that allows Users book an appointment through the My LifeLineMobile Application; b) Value added telephonic services which connect Users directly to the Practitioner’s number provided on the My LifeLineMobile Application.
3.3.1 My LifeLinewill ensure Users are provided confirmed appointment on the Book facility. However, My LifeLinehas no liability if such an appointment is later cancelled by the Practitioner, or the same Practitioner is not available for appointment.
3.3.2 If a User has utilized the telephonic services, My LifeLine reserves the right to share the information provided by the User with the Practitioner and store such information and/or conversation of the User with the Practitioner.
3.3.3 The results of any search Users perform on the My LifeLine Mobile Application for Practitioners should not be construed as an endorsement by My LifeLine of any such particular Practitioner. If the User decides to engage with a Practitioner to seek medical services, the User shall be doing so at his/her own risk.
3.3.4 Without prejudice to the generality of the above, My LifeLine 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. User understands and agrees that My LifeLinewill not be liable for:
- User interactions and associated issues User has with the Practitioner;
- the ability or intent of the Practitioner(s) or the lack of it, in fulfilling their obligations towards Users;
- any wrong medication or quality of treatment being given by the Practitioner(s), or any medical negligence on part of the Practitioner(s);
- inappropriate treatment, or similar difficulties or any type of inconvenience suffered by the User due to a failure on the part of the Practitioner to provide agreed Services;
- any misconduct or inappropriate behaviour by the Practitioner or the Practitioner’s staff;
Cancellation or no show by the Practitioner or rescheduling of booked appointment or any variation in the fees charged.
3.3.5 Users are allowed to provide feedback about their experiences with the Practitioner, however, the User shall ensure that, the same is provided in accordance with applicable law. User however understands that, My LifeLine shall not be obliged to act in such manner as may be required to give effect to the content of Users feedback.
3.3.6 Where the User has booked a paid appointment and is unable to visit the Practitioner, due to such genuine reasons of sickness etc. at the sole discretion of My LifeLine, pursuant to conducting of investigation, the User shall be provided with a refund of such payment made by User, at the time of booking. However, where cancellation charges (20% of the total amount paid) has been levied, you would not be entitled to complete refund.
3.3.7 Cancellation and Refund Policy
- In the event that, the Practitioner with whom User has booked a paid appointment via the Mobile Application, has not been able to meet the User, User will need to write to us at firstname.lastname@example.org within 24 hours 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 (6) to six (7) 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, and treated as under Clause 3.3.6. 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.
3.4 NO DOCTOR-PATIENT RELATIONSHIP; NOT FOR EMERGENCY USE
3.4.1 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 My LifeLine Mobile Application may be provided by individuals in the medical profession. The provision of such Information does not create a licensed medical professional/patient relationship, between My LifeLine 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.
3.4.2 It is hereby expressly clarified that, the Information that you obtain or receive from My LifeLine, and its employees, contractors, partners, sponsors, advertisers, licencors or otherwise on the My LifeLine Mobile Application 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 My LifeLine Mobile Application. 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.
3.4.3 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.
3.5 CONTENT OWNERSHIP AND COPYRIGHT CONDITIONS OF ACCESS
3.5.1 The contents listed on the My LifeLine Mobile Application are (i) User generated content, or (ii) belong to My LifeLine. The information that is collected by My LifeLine directly or indirectly from the End- Users and the Practitioners shall belong to My LifeLine. Copying of the copyrighted content published by My LifeLine on the My LifeLine Mobile Application for any commercial purpose or for the purpose of earning profit will be a violation of copyright and My LifeLine reserves its rights under applicable law accordingly.
4. PROFILE OWNERSHIP AND EDITING RIGHTS
My LifeLineMobile Application ensures easy access to the Practitioners by providing a tool to update your profile information. My LifeLinereserves the right of ownership of all the Practitioner’s profile and photographs and to moderate the changes or updates requested by Practitioners. However, My LifeLinetakes the independent decision whether to publish or reject the requests submitted for the respective changes or updates. My LifeLinemay modify or delete parts of your profile information at its sole discretion with or without notice to you.
5.1 My LifeLinereserves the right to suspend or terminate a User’s access to the My LifeLineMobile Application and the Services with or without notice and to exercise any other remedy available under law, in cases where,
- Such User breaches any terms and conditions of the Agreement;
- My LifeLineis unable to verify or authenticate any information provide in My LifeLineMobile Application by a User;
- My LifeLinehas reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User; or
- 2Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the My LifeLineMobile Application under the same email account, a different account or re-register under a new account. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages, files and other material kept on the My LifeLineMobile Application by such User.
- APPLICABLE LAW AND DISPUTE SETTLEMENT
You agree that this Agreement and any contractual obligation between My LifeLineand User will be governed by the laws of India.
- CONTACT INFORMATION GRIEVANCE OFFICER
If a User has any questions concerning My LifeLine, My LifeLine Mobile Application, this Agreement, the Services, or anything related to any of the foregoing, My LifeLine customer support can be reached at the following email address: email@example.com
NOTE: YOU HAVE READ ALL THE TERMS & CONDITIONS, POLICIES AND AGREE TO ALL OF THE POINTS MENTIONED ABOVE.