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
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
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 email@example.com.
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.
The terms in this Clause 3 are applicable only to Users other than Practitioners.
o 3.1END-USER ACCOUNT AND DATA PRIVACY
▪ 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.
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.
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.
▪ 3.3. 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
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.
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 firstname.lastname@example.org.
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.
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.
▪ 4.1.4 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 5.5 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.
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: email@example.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
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.
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.
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
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 firstname.lastname@example.org.
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.