Health Compass Private Limited (“us”, “we”, “Our” or “Health Compass”, which also includes its affiliates) is the owner and publisher of the website https://healthcompass.io (“Website”) on the world wide web, including but not limited to the mobile application ‘Health Compass’, and the software and applications (together with the Website, referred to as the “Services”).
Please carefully go through these terms and conditions (“Terms of Use”) and the Privacy Policy available at https://healthcompass.io/index.php/privacy-policy (“Privacy Policy”) before you decide to access the Website or avail the Services provided by Health Compass. These Terms of Use and the Privacy Policy together constitute a legal agreement (“Agreement”) between you and Health Compass in connection with your visit to the Website and your use of the Services.
The Agreement applies to you whether you are –
The Services may change from time to time, at the sole discretion of Health Compass, and the Agreement will apply to your visit to and your use of the Website and / or the Health Compass Portal 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 the Services describe the manner in which we shall treat your account while you are registered as a User with us. If you have any questions about any part of the Agreement, feel free to contact us at support@healthcompass.io.
By downloading, using or accessing the Website and / or Services, you irrevocably accept all the conditions stipulated in this Agreement and the 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, and / or to avail the Services. By visiting the Website and / or 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. You should read the Agreement regularly to keep yourself updated of any changes in these Terms and Conditions. Your use of the Website and / or the Services following any such modification constitutes your agreement to acknowledge and be bound by the Agreement so modified.
You acknowledge that you will be bound by this Agreement for visiting the Website and / or availing any Service offered by us. If you do not agree with any part of the Agreement, please do not use the Website or / and avail any of our Services.
Your access to use of the Website and the Services will be solely at the discretion of Health Compass. The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but not limited to:
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 and / or the Services, you represent and warrant to Health Compass 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, and agree to and abide by this Agreement.
TERMS OF USE
User Account and Data Privacy
The terms “personal information” and “sensitive personal data or information” are defined under the SPI Rules, and are reproduced in the Privacy Policy.Health Compass may by its Website and / or Services, collect information relating to the devices through which you access the Platform and / or use the Services. The collected information will be used only for improving the quality of Health Compass’s Website and Services.The Platform allows Health Compass to have access to personal email or phone number, for communication purpose so as to provide you with services, manage our relationship with you, conduct marketing and service/product enhancement activities, exercise our rights, and handle claims.
The Privacy Policy sets out, inter-alia:
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:
Health Compass 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 Health Compass or to any other person acting on behalf of Health Compass.
The User is responsible for maintaining the confidentiality of the User’s account access information and password, if the User is registered on the Platform and / or 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 Health Compass of any actual or suspected unauthorized use of the User’s account or password. Although Health Compass will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Health Compass or such other parties as the case may be, due to any unauthorized use of your account.
If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Health Compass has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Health Compass has the right to discontinue the Services to the User at its sole discretion.
Health Compass may use such information collected from the Users from time to time for the purposes of debugging customer support related issues.
Listing Content and Disseminating Information
Health Compass collects, directly or indirectly, and displays on the Website and the Portal, relevant information regarding the profile and practice of the Practitioners listed on the Platform and Website, such as their specialization, qualification, fees, location, visiting hours, and similar details. Health Compass takes reasonable efforts to ensure that such information is updated at frequent intervals.
The Services provided by Health Compass 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).
Health Compass does not provide or make any representation, warranty or guarantee, express or implied about the Platform or the Services. Health Compass does not guarantee the accuracy or completeness of any content or information provided by Users on the Platform and on the Website. To the fullest extent permitted by law, Health Compass disclaims all liability arising out of the User’s use or reliance upon the Platform, Website the Services, representations and warranties made by other Users, the content or information provided by the Users on the Platform, or any opinion or suggestion given or expressed by Health Compass or any User in relation to any User or services provided by such User.
The Platform and / or the Website may be linked to the Platform of third parties, affiliates and business partners. Health Compass has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such Platforms or made available by/through our Platform or our Website. Inclusion of any link on the Platform and / or the Website does not imply that Health Compass endorses the linked site. User may use the links and these services at User’s own risk.
Health Compass 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 Platform / Website or the downloading of any material, data, text, images, video content, or audio content from the Platform or the Website. If a User is dissatisfied with the Platform, User’s sole remedy is to discontinue using the Platform and the Website.
If Health Compass determines that you have provided fraudulent, inaccurate, or incomplete information, including through feedback, Health Compass reserves the right to immediately suspend your access to the Platform, Services or any of your accounts with Health Compass and makes such declaration on the Platform alongside your name/your clinic’s name as determined by Health Compass for the protection of its business and in the interests of Users. You shall be liable to indemnify Health Compass for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected Health Compass or its Users.
No Doctor-Patient Relationship
Please note that some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, “Information”) that may be available on the Platform (including information provided in direct response to your questions or postings), App or the Website may be provided by individuals in the medical profession. The provision of such Information does not create a licensed medical professional/patient relationship, between Health Compass and you and does not constitute an opinion, medical advice, or diagnosis or treatment of any particular condition, but is only provided to assist you with locating appropriate medical care from a qualified practitioner.
It is hereby expressly clarified that, the Information that you obtain or receive from Health Compass, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Platform, App and 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 Platform, App and the Portal. 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.
Health Compass Blogs
These terms & conditions governing Health Compass Health feed are applicable to Users (being both end-users/ Practitioner). However, it is clarified that the terms and conditions herein applicable only to Practitioners and applicable to Users are called out separately, as the context warrants.
Health Compass Blogs is an online content platform available on the Platform and the Website wherein Practitioners and / or the Users who have created a Health Compass profile can login and post health and wellness related content.
Practitioners and / or the Users can use Health Compass Blogs by logging in from their health account, creating original content comprising text, audio, video, images, data or any combination of the same (“Content”), and uploading said Content to Health Compass’s servers. Health Compass shall post such Content to Health Compass Blogs at its own option and subject to these Terms and Conditions. The Content uploaded via Health Compass Blogs does not constitute medical advice and may not be construed as such by any person.
Practitioners and Users acknowledge that they are the original authors and creators of any Content uploaded by them via Health Compass Blogs and that no Content uploaded by them would constitute infringement of the intellectual property rights of any other person. Health Compass reserves the right to remove any Content which it may determine at its own discretion as violating the intellectual property rights of any other person, including but not limited to patent, trademark, copyright or other proprietary rights. Practitioners and Users agree to absolve Health Compass from and indemnify Health Compass against all claims that may arise as a result of any third party intellectual property right claim that may arise from them uploading any Content on the Health Compass Blogs.
Health Compass shall have the right to edit or remove the Content and any comments in such manner as it may deem Health Compass Blogs at any time.
The Practitioners and / or the Users shall ensure that the Content or any further responses to the Content (including responses to other Users) is not harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic or libellous in any manner. Further, Practitioners and / or the Users shall ensure that the Content is not invasive of any other person’s privacy, or otherwise contains any elements that is hateful, racially or ethnically objectionable, disparaging, or otherwise unlawful in any manner whatever. Health Compass 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 Practitioners and the Users agree to absolve Health Compass from and indemnify Health Compass against all claims that may arise as a result of any legal claim arising from the nature of the Content posted by the Practitioners and / or the Users on Health Compass Blogs.
The Practitioners and / or the Users shall ensure that no portion of the Content is violative of any law for the time being in force. The Practitioners and the Users shall ensure that the Content is not threatening the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order. Further the Practitioners and the Users shall ensure that the Content will not cause incitement to the commission of any cognisable offence or prevent investigation of any offence or is insulting to any other nation.
Users acknowledge that the User Comment reflects the views and opinions of the authors of such Content and do not necessarily reflect the views of Health Compass. User agrees that the Content they access on Health Compass Blogs 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 Health Compass from and indemnify Health Compass against all claims that may arise as a result of the User’s actions resulting from the User’s viewing of Content on Health Compass Blogs.
Reviews and Feedback
By using the Platform, you agree that any information shared by you with Health Compass 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 Platform, including any feedback, ratings, or reviews (“Critical Content”) relating to Practitioners or other healthcare professionals. The role of Health Compass in publishing Critical Content is restricted to that of an ‘intermediary’ under the Information Technology Act, 2000. Health Compass 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. Health Compass shall not be liable to pay any consideration to any User for re-publishing any content across any of its platforms.
You hereby agree not to post or publish any content on the Website that (a) infringes any third-party intellectual property or publicity or privacy rights, or (b) violates any applicable law or regulation, including but not limited to the IG Rules and SPI Rules. Health Compass, at its sole discretion, may choose not to publish your reviews and feedback, if so required by applicable law and provisions under these Terms. You agree that Health Compass may contact you through telephone, email, SMS, or any other electronic means of communication for the purpose of:
Intellectual Property Rights
All rights, title and interest in and to the Services and the structure, organization and arrangement thereof, are and shall remain the exclusive property of us and/or our licensors and is protected by law. Under no circumstances will you acquire any ownership rights or other interest in the Platform or the Services. Except for the limited rights granted herein, all other rights are reserved. You will not remove, deface or obscure any of our copyright or trademark notices and/or legends or other proprietary notices on, incorporated therein or associated with the Services. Decision of Health Compass is final and binding on the issues arising under these terms and conditions.
Sharing Personal Information
Please use your common sense and good judgment before you share your personal information, any Record or any other confidential information with any other person or entity through the Services and / or the Website. Health Compass does not control whom you choose to share such information with and we have no liability or responsibility to you or any other person or entity to the extent you choose to make such information available through the Services or the Platform/Website.
Health Compass may report to law enforcement authorities, any actions that may be illegal or otherwise in breach of these Terms, and any reports it receives of such conduct. When legally required or at Health Compass’s discretion, Health Compass will cooperate with law enforcement agencies in any investigation of alleged illegal activity involving the Website or Services.
Privacy
To the extent you provide your own personal information to Health Compass in connection with your use of the Website and the Platform and related Services, our use of such information is governed by the Health Compass Privacy Policy, which is available on our Website (the “Privacy Policy”) which can be found at: https://healthcompass.io/index.php/privacy-policy. Your use of all User’s information through the Website and the Services is governed by the terms of your company’s Privacy Policy and applicable privacy laws. As between Health Compass and you, you are responsible for complying with your company’s privacy practices and applicable privacy laws.
Obligations of Users
Users are also prohibited from:
Health Compass, 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. Health Compass 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.
In case of non-compliance with any applicable laws, rules or regulations, or the Agreement (including the Privacy Policy) by a User, Health Compass has the right to immediately terminate the access or usage rights of the User to the Platform and Services and to remove non-compliant information from the Platform.
Health Compass 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 Health Compass 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 Health Compass as provided for under the SPI Rules, only if such transfer is necessary for the performance of the lawful contract between Health Compass or any person on its behalf and the User or where the User has consented to data transfer.
Health Compass respects the intellectual property rights of others and we do not hold any responsibility for any violations of any intellectual property rights
Termination
Health Compass 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,
Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Platform 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.
Limitation of Liability
In no event, including but not limited to negligence, shall Health Compass, or any of its directors, officers, employees, agents or content or service providers 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 Platform or the content, materials and functions related thereto, the Services, User’s provision of information via the Platform, 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:
Retention and Removal
Health Compass 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.
Governing Law and Dispute Resolution
You agree that this Agreement and any contractual obligation between Health Compass and User will be governed by the laws of India.
Any 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 Platform or the Services or information to which it gives access, shall be determined by arbitration in India, before a sole arbitrator appointed by Health Compass. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be Gurugram. 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.
Subject to the clause above, the courts at Gurugram shall have exclusive jurisdiction over any disputes arising out of or in relation to this Agreement, your use of the Platform or the Services or the information to which it gives access.
Contact Information Grievance Officer
If a User has any questions concerning Health Compass, the Platform, Website, this Agreement, the Services, or anything related to any of the foregoing, Health Compass customer support can be reached at the following email address: support@healthcompass.io.
In accordance with the Information Technology Act, 2000, and the rules made there under, if you have any grievance with respect to the Platform, Website or the Services, including any discrepancies and grievances with respect to processing of information, you can contact our Grievance Officer at:
Name: Ajit Sinha
Phone: +91 99580 75050
Email: grievance@healthcompass.io
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.
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 Health Compass. Any consent by Health Compass to, or a waiver by Health Compass 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.
Complete Understanding; Amendments
This Agreement contains the entire understanding of the Parties, and there are no other written or oral understandings or promises between the Parties with respect to the subject matter of this Agreement other than those contained or referenced in this Agreement.