Terms and conditions

BoxMD, under the brand "BoxMD" (“BoxMD”), is the author and  publisher of the internet resource www.boxmd.in and the  mobile application „BoxMD‟ (together, “Website”). BoxMD owns  and operates the services provided through the Website. 

∙ 1.NATURE AND APPLICABILITY OF TERMS 

Please carefully go through these terms and  conditions (“Terms”) available at https://www.boxmd.in/terms and the privacy policy available at  https://www.boxmd.in/privacypolicy  (“Privacy Policy”) before you decide to access the Website or avail the  services made available on the Website by BoxMD ( https://www.boxmd.in ). These  Terms and the Privacy Policy together constitute a legal  agreement (“Agreement”) between you and BoxMD in  connection with your visit to the Website and your use of the  Services (as defined below). 

The Agreement applies to you whether you are - 

i. A medical practitioner or health care provider (whether an  individual professional or an organization) or similar  institution, including designated, authorized associates of such  practitioners or institutions (“Practitioner(s)”, “you” or 

“User”); or 

ii. A patient, his/her representatives or affiliates, searching for  Practitioners through the Website (“End-User”, “you” or “User”); or 

iii. Otherwise a user of the Website (“you” or “User”).

This Agreement applies to those services made available by  BoxMD on the Website, which are offered in lieu of charges to  the Users (“Services”), including the following: 

iv. For Practitioners: with whom BoxMD shares personal medical  data; 

v. For other Users: Facility to (i) create and maintain „Personal  Health records‟, (iii) share personal health  records with Practitioners. 

The Services may change from time to time, at the sole  discretion of BoxMD, and the Agreement will apply to your visit  to and your use of the Website to avail the Service, as well as to  all information provided by you on the Website at any given  point in time. 

This Agreement defines the terms and conditions under which  you are allowed to use the Website 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  boxmd.info@gmail.com. 

By downloading or accessing the Website to use the Services,  you irrevocably accept all the conditions stipulated in this  Agreement, the Subscription Terms of Service and Privacy Policy, as available on the Website, 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 Website 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  Website 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 Website  or avail any Services. 

Your access to use of the Website and the Services will be  solely at the discretion of BoxMD. 

The Agreement is published in compliance of, and is governed  by the provisions of Indian law, including but not limited to: 

vi. the Indian Contract Act, 1872, 

vii. the (Indian) Information Technology Act, 2000, and 

viii. 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 Website or accepting this  Agreement, you represent and warrant to BoxMD that you are  18 years of age or older, and that you have the right, authority  and capacity to use the Website and the Services available  through the Website, and agree to and abide by this  Agreement. 

∙ 3.TERMS OF USE APPLICABLE TO ALL USERS OTHER THAN  PRACTITIONERS 

The terms in this Clause 3 are applicable only to Users other  than Practitioners. 

o 3.1END-USER ACCOUNT AND DATA PRIVACY 

▪ 3.1.1 The terms “personal information” and “sensitive  personal data or information” are defined under the SPI Rules,  and are reproduced in the Privacy Policy. 

▪ 3.1.2 BoxMD may by its Services, collect information relating  to the devices through which you access the Website, and  anonymous data of your usage. The collected information will  be used only for improving the quality of BoxMD‟s services  and to build new services. 

▪ 3.1.3 The Website allows BoxMD to have access to registered  Users‟ personal email or phone number, for communication  ▪ 3.1.4 The Privacy Policy sets out, inter-alia: 

i. The type of information collected from Users, including  sensitive personal data or information;

ii. The purpose, means and modes of usage of such  information; 

iii. How and to whom BoxMD will disclose such information;  and, 

iv. Other information mandated by the SPI Rules. 

▪ 3.1.5 The User is expected to read and understand the  Privacy Policy, so as to ensure that he or she has the  knowledge of, inter-alia: 

i. the fact that certain information is being collected; ii. the purpose for which the information is being collected; iii. the intended recipients of the information; 

iv. the nature of collection and retention of the information; and 

v. the name and address of the agency that is collecting the  information and the agency that will retain the information;  and 

vi. the various rights available to such Users in respect of such  information. 

▪ 3.1.6 BoxMD 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 BoxMD or to any  other person acting on behalf of BoxMD. 

▪ 3.1.7 The User is responsible for maintaining the  confidentiality of the User‟s account access information and  password, if the User is registered on the Website. 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 BoxMD of any actual or suspected  unauthorized use of the User‟s account or password. Although  BoxMD will not be liable for your losses caused by any  unauthorized use of your account, you may be liable for the  losses of BoxMD or such other parties as the case may be,  due to any unauthorized use of your account. 

▪ 3.1.8If a User provides any information that is untrue,  inaccurate, not current or incomplete (or becomes untrue,  inaccurate, not current or incomplete), or BoxMD has  reasonable grounds to suspect that such information is  untrue, inaccurate, not current or incomplete BoxMD has the  right to discontinue the Services to the User at its sole  discretion. 

▪ 3.1.9 BoxMD may use such information collected from the  Users from time to time for the purposes of debugging  customer support related issues. 

o 3.2LISTING CONTENT AND DISSEMINATING INFORMATION ▪ 3.2.1The Services provided by BoxMD or any of its licensors  or service providers are provided on an "as is" and “as  available‟ basis, and without any warranties or conditions  (express or implied, including the implied warranties of  merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in  law or from a course of dealing or usage or trade). BoxMD does not provide or make any representation, warranty or  guarantee, express or implied about the Website or the 

Services. BoxMD does not guarantee the accuracy or  completeness of any content or information provided by Users  on the Website. To the fullest extent permitted by law, BoxMD disclaims all liability arising out of the User‟s use or reliance  upon the Website, the Services, representations and  warranties made by other Users, the content or information  provided by the Users on the Website, or any opinion or  suggestion given or expressed by BoxMD or any User in  

relation to any User or services provided by such User. ▪ 3.2.2The Website may be linked to the website of third  parties, affiliates and business partners. BoxMD has no  control over, and not liable or responsible for content,  accuracy, validity, reliability, quality of such websites or made  available by/through our Website. Inclusion of any link on the  Website does not imply that BoxMD endorses the linked site.  User may use the links and these services at User‟s own risk. ▪ 3.2.3 BoxMD assumes 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 Website or the downloading of any material, data, text,  images, video content, or audio content from the Website. If a  User is dissatisfied with the Website, User‟s sole remedy is to discontinue using the Website. 

▪ 3.2.4 If BoxMD determines that you have provided  fraudulent, inaccurate, or incomplete information, including  through feedback, BoxMD reserves the right to immediately  suspend your access to the Website or any of your accounts  with BoxMD and makes such declaration on the website 

alongside your name/your clinic‟s name as determined by  BoxMD for the protection of its business and in the interests  of Users. You shall be liable to indemnify BoxMD for any  losses incurred as a result of your misrepresentations or  fraudulent feedback that has adversely affected BoxMD or its  Users. 

▪ 3.2.5 Sharing of Personal Records: BoxMD sends a link to the  practitioners through which the users can share personal  information and it enables Users to connect with Practitioners  BoxMD has no liability if any appointment booked by the user  is later cancelled by the Practitioner, or the same Practitioner  is not available for appointment.  

▪ 3.2.6 If a User has utilized the services, BoxMD 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, in accordance with  our Privacy Policy. 

▪ 3.3. The user is free to book an appointment with any practitioner which he likes. If a User decides to engage with  a Practitioner to seek medical services, the User shall be doing  so at his/her own risk. 

▪ 3.3.1 Without prejudice to the generality of the above, BoxMD 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 BoxMD will not be liable for: 

i. User interactions and associated issues User has with the  Practitioner;

ii. the ability or intent of the Practitioner(s) or the lack of it, in  fulfilling their obligations towards Users; 

iii. any wrong medication or quality of treatment being given by  the Practitioner(s), or any medical negligence on part of the  Practitioner(s); 

iv. 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; 

v. any misconduct or inappropriate behaviour by the  Practitioner or the Practitioner‟s staff; 

vi. cancellation or no show by the Practitioner or rescheduling of  booked appointment or any variation in the fees charged. ▪ 3.3.2 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, BoxMD shall  not be obliged to act in such manner as may be required to  give effect to the content of Users feedback,  

▪ 3.4 Cancellation and Refund Policy: 

▪ ……………………………………………………………. 

o 3.5 NO DOCTOR-PATIENT RELATIONSHIP; NOT FOR  EMERGENCY USE 

▪ 3.5.1Please 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 BoxMD 

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. 

▪ 3.5.2 It is hereby expressly clarified that, the Information that  you obtain or receive from BoxMD, 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. 

▪ 3.5.3 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. 

▪ 3.5.4 User agrees that the Content they access on BoxMD 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 BoxMD from and  indemnify BoxMD against all claims that may arise as a result  of the User‟s actions resulting from the User‟s viewing of  Content on BoxMD. 

▪ 3.5.5 User acknowledges that all intellectual property rights  in the User Comment on BoxMD website/Application vests  with BoxMD. The User agrees not to infringe upon BoxMD‟s  intellectual property by copying or plagiarizing content on  BoxMD. BoxMD 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 BoxMD. 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. BoxMD 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 BoxMD from  and indemnify BoxMD against all claims that may arise as a  result of any third party intellectual property right claim that  may arise from the User Comment. 

▪ 3.5.6 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.  BoxMD 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 BoxMD from and indemnify BoxMD 

against all claims that may arise as a result of any legal claim  arising from the nature of the User Comment. 

▪ 3.5.7 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 user 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. 

o 3.6 CONTENT OWNERSHIP AND COPYRIGHT CONDITIONS  OF ACCESS: 

▪ 3.6.1The contents listed on the Website are (i) User generated  content, or (ii) belong to BoxMD. The information that is  collected by BoxMD directly or indirectly from the End-Users  and the Practitioners shall belong to BoxMD. Copying of the  copyrighted content published by BoxMD on the Website for  any commercial purpose or for the purpose of earning profit  will be a violation of copyright and BoxMD reserves its rights  under applicable law accordingly. 

▪ 3.6.2 BoxMD 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, " BoxMD Content"), are the property  of BoxMD and are protected under copyright, trademark and  other laws. User shall not modify the BoxMD Content or  reproduce, display, publicly perform, distribute, or otherwise  use the BoxMD Content in any way for any public or  commercial purpose or for personal gain. 

▪ 3.6.3User shall not access the Services for purposes of  monitoring their availability, performance or functionality, or  for any other benchmarking or competitive purposes. ∙ 3.7 REVIEWS AND FEEDBACK 

By using this Website, you agree that any information shared  by you with BoxMD 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 BoxMD in  publishing Critical Content is restricted to that of an  „intermediary‟ under the Information Technology Act, 2000.  BoxMD 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. BoxMD shall not be liable to pay any consideration to any  User for re-publishing any content across any of its platforms.

Your publication of reviews and feedback on the Website is  governed by Clause 5 of these Terms. Without prejudice to the  detailed terms stated in Clause 5, 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. BoxMD, at its sole  discretion, may choose not to publish your reviews and  feedback, if so required by applicable law, and in accordance  with Clause 5 of these Terms. You agree that BoxMD may  contact you through telephone, email, SMS, or any other  electronic means of communication for the purpose of: 

i. Obtaining feedback in relation to Website or BoxMD‟s services;  and/or 

ii. 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 BoxMD. BoxMD‟s Feedback Collection  and Fraud Detection Policy, is annexed as the Schedule hereto,  and remains subject always to these Terms. 

∙ 3.8 RECORDS 

BoxMD will provide End-Users with a chargeable facility  known as „Records‟ on its mobile application „BoxMD‟.  Information available in your Records is of two types:

. User-created: Information uploaded by you or information  generated during your interaction with BoxMD ecosystemPractice-created: Health Records generated by your  interaction with a Practitioner who uses „BoxMD software. 

The specific terms relating to such Health Account are as  below, without prejudice to the rest of these Terms and the  Privacy Policy: 

o 3.8.1Your Records is only created after you have signed up and  explicitly accepted these Terms. 

o 3.8.2Any Practice created Health Record is provided on an as is basis at the sole intent, risk and responsibility of the  Practitioner and BoxMD 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. 

o 3.8.3The Health Records are provided on an as-is basis. While  we strive to maintain the highest levels of service availability,  BoxMD is not liable for any interruption that may be caused to  your access of the Services. 

o 3.8.4The 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 BoxMD, you should refer to your  prescription before taking any medicines. BoxMD 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. 

o 3.8.5It 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.  BoxMD is not responsible for any loss or inconvenience caused  due to your failure in updating the contact details with BoxMD. 

o 3.8.6 BoxMD uses industry–level security and encryption to  your Health Records. However, BoxMD 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 BoxMD of such unauthorized use or access. Please  safeguard your login credentials and report any actual  suspected breach of account to boxmd.info@gmail.com

o 3.8.7If 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. BoxMD assumes no responsibility for any  claim, dispute or liability arising in this regard, and you shall 

indemnify BoxMD and its officers against any such claim or  liability arising out of unauthorized use of such information. o 3.8.8In 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. 

o 3.8.9You may lose your “User created” record, if the data is not  synced with the server. 

o 3.8.10 If the Health Record is not assessed for a stipulated  time, you may not be able to access your Health Records due to  security reasons. 

o 3.8.11 BoxMD is not liable if for any reason, Health Records  are not delivered to you or are delivered late despite its best  efforts. 

o 3.8.12The Health Records are shared with the phone numbers  that are provided by your Practitioner. BoxMD is not  responsible for adding the Heath Records with incorrect  numbers if those incorrect numbers are provided by the  Practitioner. 

o 3.8.13 BoxMD 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.

o 3.8.14 BoxMD 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. 

o 3.8.15 BoxMD will follow the law of land in case of any  constitutional court or jurisdiction mandates to share the  Health Records for any reason. 

o 3.8.16You agree and acknowledge that BoxMD may need to  access the Health Record for cases such as any technical or  operational issue of the End User in access or ownership of the  Records. 

o 3.8.17You acknowledge that the Practitioners you are visiting  may engage BoxMD‟s software or third party software for the  purposes of the functioning of the Practitioner‟s business and  BoxMD '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. 

o 3.8.18To the extent that your Records have been shared with  BoxMD or stored on any of the BoxMD 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 BoxMD 

pertaining to such previously visited clinics and hospitals who  have tie ups with BoxMD for the purposes of their business  and for BoxMD‟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 BoxMD, to  the mapping of such Records as may be available in BoxMD‟s 

database to your User account.

∙ 4. TERMS OF USE PRACTITIONERS 

The terms in this Clause 4 are applicable only to Practitioners. 

o 4.1 LISTING POLICY 

▪ 4.1.1 BoxMD, directly and indirectly, collects information  regarding the Practitioners‟ profiles, contact details, and  practice. This information is collected for the purpose of  facilitating interaction with the End-Users and other Users  and the practitioners.  

▪ 4.1.2 BoxMD shall not be liable and responsible for the  ranking of the Practitioners on external websites and search  engines. 

▪ 4.1.3 BoxMD shall not be responsible or liable in any manner  to the Users for any losses, damage, injuries or expenses  incurred by the Users as a result of any disclosures or  publications made by BoxMD, where the User has expressly  or implicitly consented to the making of disclosures or  publications by BoxMD. If the User had revoked such consent  under the terms of the Privacy Policy, then BoxMD shall not  be responsible or liable in any manner to the User for any  losses, damage, injuries or expenses incurred by the User as a  result of any disclosures made by BoxMD prior to its actual  receipt of such revocation. 

▪ 4.1.4 BoxMD reserves the right to moderate the suggestions  made by the Practitioners and users through feedback and  the right to remove any abusive or inappropriate or  promotional content added on the Website. However, BoxMD

shall not be liable if any inactive, inaccurate, fraudulent, or  non- existent. 

▪ 4.1.5 Practitioners explicitly agree that BoxMD reserves the  right to publish the Content provided by Practitioners to a  third party including content platforms. 

▪ 4.1.6 You as a Practitioner hereby represent and warrant that  you will use the Services provided by BoxMD in accordance  with applicable law. Any contravention of applicable law as a  result of your use of these Services is your sole responsibility,  and BoxMD accepts no liability for the same. 

o 4.2 PROFILE OWNERSHIP AND EDITING RIGHTS 

BoxMD reserves the right of ownership of all the advice  rendered for more efficient use of the services to moderate the  changes or updates requested by Practitioners and end users.  However, BoxMD takes the independent decision whether to  publish or reject the requests submitted for the respective  changes or updates. You hereby represent and warrant that  you are fully entitled under law to upload all content uploaded  by you while using BoxMD‟s services, and that no such  content breaches any third party rights, including intellectual  property rights. Upon becoming aware of a breach of the  foregoing representation, BoxMD may modify or delete parts of  your information, suggestions and comments at its sole  discretion with or without notice to you. 

o 4.3REVIEWS AND FEEDBACK DISPLAY RIGHTS OF BoxMD ▪ 4.3.1All Critical Content is content created by the Users of  www.BoxMD.in (“Website”) and the clients of BoxMD customers and Practitioners, including the End-Users. As a 

platform, BoxMD does not take responsibility for Critical  Content and its role with respect to Critical Content is  restricted to that of an „intermediary‟ under the Information  Technology Act, 2000. The role of BoxMD and other legal  rights and obligations relating to the Critical Content are  further detailed in Clauses 3.9 and 5 of these Terms.  BoxMD‟s Feedback Collection and Fraud Detection Policy is  annexed as the Schedule hereto, and remains subject always  to these Terms. 

▪ 4.3.2 BoxMD reserves the right to collect feedback and  Critical Content for all the Practitioners, Clinics and  Healthcare Providers. 

▪ 4.3.3 BoxMD shall have no obligation to pre-screen, review,  flag, filter, modify, refuse or remove any or all Critical Content  from any Service, except as required by applicable law. 

▪ 4.3.4You understand that by using the Services you may be  exposed to Critical Content or other content that you may find  offensive or objectionable. BoxMD shall not be liable for any  effect on Practitioner‟s business due to Critical Content of a  negative nature. In these respects, you may use the Service at  your own risk. BoxMD however, as an „intermediary, takes  steps as required to comply with applicable law as regards the  publication of Critical Content. The legal rights and  obligations with respect to Critical Content and any other  information sought to be published by Users are further  detailed in Clauses 3.9 and 5 of these Terms. 

▪ 4.3.5 BoxMD will take down information under standards  consistent with applicable law, and shall in no circumstances 

be liable or responsible for Critical Content, which has been  created by the Users. The principles set out in relation to third  party content in the terms of Service for the Website shall be  applicable mutatis mutandis in relation to Critical Content  posted on the Website. 

▪ 4.3.6If BoxMD determines that you have provided inaccurate  information or enabled fraudulent feedback, BoxMD reserves  the right to immediately suspend any of your accounts with  BoxMD. 

o 4.4 INDEPENDENT SERVICES 

Your use of each Service confers upon you only the rights and  obligations relating to such Service, and not to any other  service that may be provided by BoxMD. 

o 4.5 BoxMD REACH RIGHTS 

BoxMD reserves the rights to display sponsored ads on the  Website. These ads would be marked as “Sponsored ads”.  Without prejudice to the status of other content, BoxMD will  not be liable for the accuracy of information or the claims  made in the Sponsored ads. BoxMD does not encourage the  Users to visit the Sponsored ads page or to avail any services  from them. BoxMD will not be liable for the services of the  providers of the Sponsored ads. 

You represent and warrant that you will use these Services in  accordance with applicable law. Any contravention of  applicable law as a result of your use of these Services is your  sole responsibility, and BoxMD accepts no liability for the  same.

o 4.6 PRACTITIONER UNDERTAKING 

The Practitioner is and shall be duly registered, licensed and  qualified to practice medicine/ provide health care, wellness  services, as per applicable laws/regulations/guidelines set out  by competent authorities and the Practitioner shall not be  part of any arrangement which will prohibit him/her from  practicing medicine within the territory of India. The  Practitioner shall at all times ensure that all the applicable  laws that govern the Practitioner shall be followed and utmost  care shall be taken in terms of the consultation/ services  being rendered. 

o 4.7 USAGE IN PROMOTIONAL & MARKETING MATERIALS 

In recognition of the various offerings and services provided by  BoxMD to Practitioner, Practitioner shall (subject to its  reasonable right to review and approve): (a) allow BoxMD to  include a brief description of the services provided to  Practitioner in BoxMD‟s marketing, promotional and  advertising materials; (b) allow BoxMD to make reference to  Practitioner in case studies, and related marketing materials;  (c) serve as a reference to BoxMD‟s existing and potential  clients; (d) provide video logs, testimonials, e-mailers,  banners, interviews to the news media and provide quotes for  press releases; (e) make presentations at conferences; and/or  (f) use the Practitioner‟s name and/or logo, brand images, tag  lines etc., within product literature, e-mailers, press releases,  social media and other advertising, marketing and  promotional materials.

∙ 5.RIGHTS AND OBLIGATIONS RELATING TO CONTENT o 5.1 As mandated by Regulation 3(2) of the IG Rules, BoxMD hereby informs Users that they are not permitted to host,  display, upload, modify, publish, transmit, update or share any  information that: 

. belongs to another person and to which the User does not  have any right to; 

i. is grossly harmful, harassing, blasphemous, defamatory,  obscene, pornographic, paedophilic, libellous, invasive of  another's privacy, hateful, or racially, ethnically objectionable,  disparaging, relating or encouraging money laundering or  gambling, or otherwise unlawful in any manner whatever; 

ii. harm minors in any way; 

iii. infringes any patent, trademark, copyright or other  proprietary rights; 

iv. violates any law for the time being in force; 

v. deceives or misleads the addressee about the origin of such  messages or communicates any information which is grossly  offensive or menacing in nature; 

vi. impersonate another person; 

vii. contains software viruses or any other computer code, files or  programs designed to interrupt, destroy or limit the  functionality of any computer resource; 

viii. threatens the unity, integrity, defence, security or sovereignty  of India, friendly relations with foreign states, or public order 

or causes incitement to the commission of any cognizable  offence or prevents investigation of any offence or is insulting  any other nation. 

o 5.2Users are also prohibited from: 

. violating or attempting to violate the integrity or security of  the Website or any BoxMD Content; 

i. transmitting any information (including job posts, messages  and hyperlinks) on or through the Website that is disruptive  or competitive to the provision of Services by BoxMD; 

ii. intentionally submitting on the Website any incomplete, false  or inaccurate information; 

iii. making any unsolicited communications to other Users; 

iv. using any engine, software, tool, agent or other device or  mechanism (such as spiders, robots, avatars or intelligent  agents) to navigate or search the Website; 

v. attempting to decipher, decompile, disassemble or reverse  engineer any part of the Website; 

vi. copying or duplicating in any manner any of the BoxMD Content or other information available from the Website; 

vii. framing or hot linking or deep linking any BoxMD Content. 

viii. circumventing or disabling any digital rights management,  usage rules, or other security features of the Software. 

o 5.3 BoxMD, upon obtaining knowledge by itself or been  brought to actual knowledge by an affected person in writing or  through email signed with electronic signature about any such 

information as mentioned above, shall be entitled to disable  such information that is in contravention of Clauses 5.1 and  5.2. BoxMD shall also be entitled to preserve such information  and associated records for at least 90 (ninety) days for  production to governmental authorities for investigation  purposes. 

o 5.4In case of non-compliance with any applicable laws, rules  or regulations, or the Agreement (including the Privacy Policy)  by a User, BoxMD has the right to immediately terminate the  access or usage rights of the User to the Website and Services  and to remove non-compliant information from the Website. 

o 5.5 BoxMD may disclose or transfer User-generated  information to its affiliates or governmental authorities in such  manner as permitted or required by applicable law, and you  hereby consent to such transfer. The SPI Rules only permit  BoxMD to transfer sensitive personal data or information  including any information, to any other body corporate or a  person in India, or located in any other country, that ensures  the same level of data protection that is adhered to by BoxMD 

as provided for under the SPI Rules, only if such transfer is  necessary for the performance of the lawful contract between  BoxMD or any person on its behalf and the User or where the  User has consented to data transfer. 

o BoxMD respects the intellectual property rights of others and  we do not hold any responsibility for any violations of any  intellectual property rights.

∙ 6.TERMINATION 

o 6.1 BoxMD reserves the right to suspend or terminate a User‟s  access to the Website 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; 

i. A third party reports violation of any of its right as a result of  your use of the Services; 

ii. BoxMD is unable to verify or authenticate any information  provide to BoxMD by a User; 

iii. BoxMD has reasonable grounds for suspecting any illegal,  fraudulent or abusive activity on part of such User; or 

iv. BoxMD believes in its sole discretion that User‟s actions may  cause legal liability for such User, other Users or for BoxMD or are contrary to the interests of the Website. 

o 6.2Once temporarily suspended, indefinitely suspended or  terminated, the User may not continue to use the Website  under the same 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  Website by such User. The User shall ensure that he/she/it  has continuous backup of any medical services the User has  rendered in order to comply with the User‟s record keeping  process and practices.

∙ 7.LIMITATION OF LIABILITY 

In no event, including but not limited to negligence, shall  BoxMD, 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 Website or the content, materials and functions related  thereto, the Services, User‟s provision of information via the  Website, lost business or lost End-Users, even if such Protected  Entity has been advised of the possibility of such damages. In  no event shall the Protected Entities be liable for: 

. provision of or failure to provide all or any service by BoxMD to  End- Users contacted or managed through the Website; 

i. any content posted, transmitted, exchanged or received by or  on behalf of any User or other person on or through the  Website; 

ii. any unauthorized access to or alteration of your transmissions  or data; or 

iii. any other matter relating to the Website or the Service. 

In no event shall the total aggregate liability of the Protected  Entities to a User for all damages, losses, and causes of action  (whether in contract or tort, including, but not limited to,  negligence or otherwise) arising from this Agreement or a  User‟s use of the Website or the Services exceed, in the  aggregate Rs. 1000/- (Rupees One Thousand Only).

∙ 8.RETENTION AND REMOVAL 

BoxMD may retain such information collected from Users from  its Website or Services for as long as necessary, depending on  the type of information; purpose, means and modes of usage of  such information; and according to the SPI Rules. Computer  web server logs may be preserved as long as administratively  necessary. 

∙ 9.APPLICABLE LAW AND DISPUTE SETTLEMENT o 9.1You agree that this Agreement and any contractual  obligation between BoxMD and the User will be governed by  the laws of India. 

o 9.2Any dispute, claim or controversy arising out of or relating  to this Agreement, including the determination of the scope or  applicability of this Agreement to arbitrate, or your use of the  Website or the Services or information to which it gives access,  shall be determined by arbitration in India, before a sole  arbitrator appointed by BoxMD. Arbitration shall be conducted  in accordance with the Arbitration and Conciliation Act, 1996.  The seat of such arbitration shall be New Delhi. All proceedings  of such arbitration, including, without limitation, any awards,  shall be in the English language. The award shall be final and  binding on the parties to the dispute. 

o 9.3Subject to the above Clause 9.2, the courts at New Delhi  shall have exclusive jurisdiction over any disputes arising out  of or in relation to this Agreement, your use of the Website or  the Services or the information to which it gives access.

∙ 10.CONTACT INFORMATION GRIEVANCE OFFICER o 10.1If a User has any questions concerning BoxMD, the  Website, this Agreement, the Services, or anything related to  any of the foregoing, BoxMD customer support can be reached  at the following email address: boxmd.info@gmail.com

o 10.2In accordance with the Information Technology Act, 2000,  and the rules made there under, if you have any grievance with  respect to the Website or the service, including any  discrepancies and grievances with respect to processing of  information, you can contact our Grievance Officer at: 

Name: Padmakar Roy 

Phone: 9540738386

Email: boxmd.info@gmail.com 

In the event you suffer as a result of access or usage of our  Website by any person in violation of Rule 3 of the IG Rules,  please address your grievance to the above person. 

∙ 11.SEVERABILITY 

If any provision of the Agreement is held by a court of  competent jurisdiction or arbitral tribunal to be unenforceable  under applicable law, then such provision shall be excluded  from this Agreement and the remainder of the Agreement shall  be interpreted as if such provision were so excluded and shall  be enforceable in accordance with its terms; provided however 

that, in such event, the Agreement shall be interpreted so as to  give effect, to the greatest extent consistent with and permitted  by applicable law, to the meaning and intention of the excluded  provision as determined by such court of competent  jurisdiction or arbitral tribunal. 

∙ 12.WAIVER 

No provision of this Agreement shall be deemed to be waived  and no breach excused, unless such waiver or consent shall be  in writing and signed by BoxMD. Any consent by BoxMD to, or  a waiver by BoxMD of any breach by you, whether expressed or  implied, shall not constitute consent to, waiver of, or excuse for  any other different or subsequent breach. 

o 14.1 NATURE AND APPLICABILITY OF TERMS 

Please go through these BoxMD Terms carefully before you  decide to avail the Service facilitated by BoxMD on its  Website. The BoxMD Terms and Conditions (available  at https://www.boxmd.in/terms ) read with the  Privacy Policy (available  at https://www.BoxMD.in/privacypolicy), (the Terms  and Conditions and Privacy Policy are together referred  as “Standard Policies”) and together they constitute a legal  agreement between You and BoxMD. The Standard Policies  are to be read in connection with your visit to the Website and  Your use of the Services respectively.  

These BoxMD Terms apply to any person who subscribes to  the Service on behalf or for the benefit of a patient, either  individually or inclusive of his/her family members/ relatives. 

The primary user is required to be registered on the Website  and should have subscribed to the Service. For the purposes  of these BoxMD Terms, the primary subscriber to the Health  Plan Service is an individual designed as primary user  (“Primary User”) in the Plan Page (as defined hereafter), who  subscribes to the Health Plan Service either individually  and/or for benefit of other members, which could include any  other individual nominated by the Primary Member  (hereinafter collectively known as the “Covered Members”).  The Covered Members and a Primary User are collectively and  individually hereinafter referred to as  the “You” / “Your” / “User” / “Users”. As a part of availing  the Service, You may choose different packages available  pursuant to the Health Plan Service / Plan which best suits  your needs as per the plan details set out in your BoxMD application (“Plan Details”). The User specific details will be  visible to you on your purchased plan page (“Plan Page”)  hosted on Your BoxMD application. 

If you have any questions about any part of these BoxMD  Terms, feel free to contact us at boxmd.info@gmail.com. 

By availing the Service, you signify your acceptance  of the terms of the Standard Policies of BoxMD. 

We reserve the right to modify or terminate any portion of  these BoxMD Terms and the Standard Policies for any reason  and at any time, and such modifications shall be informed to  You by appropriate notifications on the Website. You should  read these BoxMD Terms and the Standard Policies at regular  intervals. Your continued availing of Service following any 

such modification constitutes your agreement to follow and be  bound by these Terms and the Standard Policies so modified. 

You acknowledge that you will be bound by these BoxMD Terms specifically for availing any Service. If you do not agree  with any part of these BoxMD Terms and/or the Standard  Policies, please do not use the Website or avail the Service. 

Your access and use of the Service will be solely at the  discretion of BoxMD. 

o 14.2 CONDITIONS OF USE 

You must be eighteen (18) years of age or older to register on  the Website for availing the Service as a Primary User. As a  Primary User, You can add minors as Covered Member(s)  under the Service availed and subscribed to with the express  understanding that the Primary Member shall be entirely  responsible and liable on all counts for compliance with these  BoxMD Health Plan Terms for and on behalf of such Covered  Member who is below the age of majority. By registering,  visiting and using the Website for availing the Service or  accepting these Terms and the Standard Policies, You  represent and warrant to BoxMD that You are eighteen (18)  years of age or older and have the appropriate authorization to  contract on behalf of a Covered Member who is below the age  of majority, and that You have the right, authority and  capacity to use the Website for availing the Service and agree  to and abide by these Terms.

o 14.3 TERMS OF THE HEALTH PLAN SERVICE 

▪ 14.3.1 Term: The Health Plan Service subscribed by You will  be valid for the period as per the Plan Details commencing  from the date of the subscription of the Health Plan Service  (“Term”). After the expiry of the Term, You may choose a  different Plan as per the Plan Details and subscribe thereto or  renew Your existing subscription, on such terms that are valid  and subsisting as on date of subscription or renewal. The  benefits under the Health Plan Service cannot be carried  forward after the expiry of the Term. 

▪ 14.3.2 Registration: The Primary User is a registered user on  the Website and has subscribed to the Health Plan Service on  the Website by paying the applicable fees as per the Plan  Details. You could avail the Plan solely for You or for Yourself  and any Covered Member(s). Each Covered Member, who is  covered by the Health Plan Service subscribed by You will  have to follow an authentication mechanism to utilize the  Health Plan Service. The maximum number of permissible  Covered Members per each Primary User will be set out in the  Plan Details. Covered Members, once added by the Primary  User cannot be removed, modified or edited. 

▪ 14.3.3 Information: As a part of the registration process for  Health Plan Service, You will fill in certain personal  information and details in order to create a medical history  and profile which will be accessible to the Practitioners. The  information shared by You will be dealt with in accordance  with the Standard Policies.

▪ 14.3.4 Health Plan Service details: As a part of Health Plan  Service, You are entitled to benefits (which may include such  benefits that BoxMD may offer in the future) that are set out  in the Plan Details. 

▪ 14.3.5 Health Plan Service process: After subscribing to  Health Plan Service, You will be eligible to avail the benefits  covered under the Health Plan Service as under: 

▪ 14.3.6 Payment for the Health Plan Service: You will pay to  BoxMD at the time of subscribing to the Health Plan Service,  at the rates set out in the Plan Details. At the time of Sharing the medical records with the Practitioner for Consultation,  You are not required to pay any amount. 

▪ 14.3.7 Health Plan Service Cancellation and Refund Policy: You may have an option to cancel Your subscription to the  Health Plan Services. You will contact BoxMD on the  customer support chat channel regarding cancelling Your  subscription to the Health Plan Service. Further, BoxMD may  refund the amount paid by You towards your subscription of  the Health Plan Services (“Health Plan Subscription amount”),  subject to the following conditions: 

▪ 1. In the event the Health Plan Subscription, the refund scheme is as  follows: 

i. If the user requests for cancellation of his/her subscription  to the Health Plan Subscription, BoxMD will deduct  minimum of Rs. 500 (Rupees five hundered) or the  actual value of the Health Plan Services availed by the user,  whichever is higher.

ii. If the user requests for cancellation of his/her subscription  to the Health Plan Services after expiry of the Free Look  Period, BoxMD will refund the Health Plan Subscription  amount in the following manner: 

▪ 5. All refunds of the Health Plan Subscription amount to the  user are subject to BoxMD‟s internal verification process. ▪ 6. Subject to Clauses above, the refund of the Health Plan  Subscription amount will made to the user within fifteen (15)  business days of such cancellation request. 

▪ 14.3.8 As a part of Health Plan Service, You are entitled to  certain discounts, offers and benefits. It is clarified that none  of these benefits under Health Plan Service can be redeemed  for cash.

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