➢ BOOK APPOINTMENT AND CALL FACILITY
CognoHealth enables Users to connect with Practitioners through two methods: a) Book facility that allows Users book an appointment through the Website; b) Value added telephonic services which connect Users directly to the Practitioner’s number provided on the Website.
- CognoHealth will ensure Users are provided confirmed appointment on the Book facility. However, CognoHealth has no liability if such an appointment is later cancelled by the Practitioner, or the same Practitioner is not available for appointment. Provided, it does not fall under the heads listed under the CognoHealth Guarantee Program, in which case the terms of this program shall apply
- If a User has utilized the telephonic services, CognoHealth 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.
- The results of any search Users perform on the Website for Practitioners should not be construed as an endorsement by CognoHealth of any such particular Practitioner. If the User decides to engage with a Practitioner to seek medical services, the User shall be doing so at his/her own risk.
- Without prejudice to the generality of the above, CognoHealth 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 CognoHealth will not be liable for:
- User interactions and associated issues User has with the Practitioner;
- the ability or intent of the Practitioner(s) or the lack of it, in fulfilling their obligations towards Users;
- any wrong medication or quality of treatment being given by the Practitioner(s), or any medical negligence on part of the Practitioner(s);
- inappropriate treatment, or similar difficulties or any type of inconvenience suffered by the User due to a failure on the part of the Practitioner to provide agreed Services;
- any misconduct or inappropriate behaviour by the Practitioner or the Practitioner’s staff
- cancellation or no show by the Practitioner or rescheduling of booked appointment or any variation in the fees charged, provided these have been addressed to under,________________
- 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, CognoHealth shall not be obliged to act in such manner as may be required to give effect to the content of Users feedback, such as suggestions for delisting of a particular Practitioner from the Website
- In case of a ‘Patient-No-Show (P.N.S)’ (defined below), where the User does not show-up at the concerned Practitioner’s clinic: User’s account will be temporarily disabled from booking further online appointments on CognoHealth.com for next four (4) months, in case of, three (3) Valid PNS, as per the Patient-No-Show Policy. However, the User can continue to call the clinic via CognoHealth.com to get an appointment.
Patient- No-Show (P.N.S) for the purposes of these Terms and Conditions, is defined as, any instance where a User, who booked an appointment on the Website using the Book Appointment facility , has not turned up for the appointment without cancelling, rescheduling, or informing the Practitioner in advance about the same. When Practitioner informs CognoHealth of the incident or marks a particular appointment as P.N.S., an email and SMS (“PNS Communication”) will be sent to the User to confirm on the incident with reasons. Where the User is not able to establish that the User had a legitimate reason for not showing up, CognoHealth shall be entitled to take actions.
Following instances, solely at the discretion of CognoHealth, would be construed as valid cases of PNS (“Valid PNS”), in which case the User shall be penalized:
- User does not reply within seven (7) days, with reasons to PNS Communication, from the date of receipt of such PNS Communication;
- In case User responds to the PNS Communication with below reasons:
- Forgot the appointment
- Chose to visit another Practitioner/consulted online;
- Busy with other work; or such other reasons (which CognoHealth at its discretion decides NOT to be a valid reason to not show up).
Where the User has booked a paid appointment and is unable to visit the Practitioner, due to such genuine reasons of sickness etc. at the sole discretion of CognoHealth, pursuant to conducting of investigation, the User shall be provided with a refund of such payment made by User, at the time of booking. However, where cancellation charges have been levied, you would not be entitled to complete refund. CognoHealth reserves the right to make the final decision in case of a conflict.
➢ CANCELLATION AND REFUND POLICY
In the event that, the Practitioner with whom User has booked a paid appointment via the Website, has not been able to meet the User, User will need to write to us at ____ within five (5) days from the occurrence of such event; in which case, the entire consultation amount as mentioned on the Website will be refunded to the User within the next five (5) to six (6) business days in the original mode of payment done by the User while booking. In case where the User, does not show up for the appointment booked with a Practitioner, without cancelling the appointment beforehand, the amount will not be refunded, and treated as per the clauses given under this agreement. However, where cancellation charges have been levied (as charged by the Practitioner/Practice), you would not be entitled to refund even if you have cancelled beforehand.
Users will not be entitled for any refunds in cases where, the Practitioner is unable to meet the User at the exact time of the scheduled appointment time and the User is required to wait, irrespective of the fact whether the User is required to wait or choose to not obtain the medical services from the said Practitioner.
➢ NO DOCTOR-PATIENT RELATIONSHIP; NOT FOR EMERGENCY US
- Please note that some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, “Information”) that may be available on the Website (including information provided in direct response to your questions or postings) may be provided by individuals in the medical profession. The provision of such Information does not create a licensed medical professional/patient relationship, between CognoHealth 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 CognoHealth, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Website is for informational purposes only. We make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, quality of work, expertise or other information provided on the Website. In no event shall we be liable to you or anyone else for any decision made or action taken by you in reliance on such information.
- The Services are not intended to be a substitute for getting in touch with emergency healthcare. If you are an End-User facing a medical emergency (either on your or another person’s behalf), please contact an ambulance service or hospital directly.
➢ COGNOHEALTH FEED
These terms & conditions governing CognoHealth 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.
- CognoHealth feed is an online content platform available on the Website, wherein Practitioners who have created a CognoHealth profile can login and post health and wellness related content.
- Practitioners can use CognoHealth feed 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 CognoHealth’s servers.
- CognoHealth shall have the right to edit or remove the Content and any comments in such manner as it may deem CognoHealth feed at any time.
- User may also use CognoHealth feed in order to view original content created by Practitioners and to create and upload comments on such Content, where allowed (“User Comment”)
- User acknowledges that the User Comment reflects the views and opinions of the authors of such Content and do not necessarily reflect the views of CognoHealth.
- User agrees that the Content they access on CognoHealth feed 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 CognoHealth from and indemnify CognoHealth against all claims that may arise as a result of the User’s actions resulting from the User’s viewing of Content on CognoHealth feed.
- User acknowledges that all intellectual property rights in the User Comment on CognoHealth feed vests with CognoHealth. The User agrees not to infringe upon CognoHealth’s intellectual property by copying or plagiarizing content on CognoHealth feed. CognoHealth 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 CognoHealth. 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. CognoHealth 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 CognoHealth from and indemnify CognoHealth against all claims that may arise as a result of any third party intellectual property right claim that may arise from the User Comment.
- User shall ensure that the User Comment is not threatening the unity, integrity, defence, security or sovereignty of India or any other Country / Organization, friendly relations with foreign states, or public order. Further the Practitioner shall ensure that the User Comment will not cause incitement to the commission of any cognisable offence or prevent investigation of any offence or is insulting to any other nation.
➢ CONTENT OWNERSHIP AND COPYRIGHT CONDITIONS OF ACCESS
- The contents listed on the Website are (i) User generated content, or (ii) belong to CognoHealth. The information that is collected by CognoHealth directly or indirectly from the End- Users and the Practitioners shall belong to CognoHealth. Copying of the copyrighted content published by CognoHealth on the Website for any commercial purpose or for the purpose of earning profit will be a violation of copyright and CognoHealth reserves its rights under applicable law accordingly.
- CognoHealth 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, "CognoHealth Content"), are the property of CognoHealth and are protected under copyright, trademark and other laws. User shall not modify the CognoHealth Content or reproduce, display, publicly perform, distribute, or otherwise use the CognoHealth Content in any way for any public or commercial purpose or for personal gain.
- User shall not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
➢ REVIEWS AND FEEDBACK
By using this Website, you agree that any information shared by you with CognoHealth 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 CognoHealth in publishing Critical Content is restricted to that of an ‘intermediary’ under the Information Technology Act, 2000. CognoHealth 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. CognoHealth shall not be liable to pay any consideration to any User for republishing 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,. CognoHealth, at its sole discretion, may choose not to publish your reviews and feedback, if so required by applicable law, and in accordance. You agree that CognoHealth may contact you through telephone, email, SMS, or any other electronic means of communication for the purpose of:
- Obtaining feedback in relation to Website or CognoHealth’s services; and/or
- Obtaining feedback in relation to any Practitioners listed on the Website; and/or
- Resolving any complaints, information, or queries by Practitioners regarding your Critical Content; and you agree to provide your fullest co-operation further to such communication by CognoHealth.
4. TERMS OF USE FOR PRACTITIONERS: THESE TERMS ARE APPLICABLE ONLY TO PRACTITIONERS.
➢ LISTING POLICY
- CognoHealth, directly and indirectly, collects information regarding the Practitioners’ profiles, contact details, and practice. CognoHealth reserves the right to take down any Practitioner’s profile as well as the right to display the profile of the Practitioners, with or without notice to the concerned Practitioner. This information is collected for the purpose of facilitating interaction with the End-Users and other Users. If any information displayed on the Website in connection with you and your profile is found to be incorrect, you are required to inform CognoHealth immediately to enable CognoHealth to make the necessary amendments.
- CognoHealth shall not be liable and responsible for the ranking of the Practitioners on external websites and search engines
- CognoHealth 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 CognoHealth, where the User has expressly or implicitly consented to the making of disclosures or publications by CognoHealth. If the User had revoked such consent under the terms of the Privacy Policy, then CognoHealth 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 CognoHealth prior to its actual receipt of such revocation.
- CognoHealth reserves the right to moderate the suggestions made by the Practitioners through feedback and the right to remove any abusive or inappropriate or promotional content added on the Website. However, CognoHealth shall not be liable if any inactive, inaccurate, fraudulent, or non- existent profiles of Practitioners are added to the Website.
- Practitioners explicitly agree that CognoHealth reserves the right to publish the Content provided by Practitioners to a third-party including content platforms.
- You as a Practitioner hereby represent and warrant that you will use the 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 CognoHealth accepts no liability for the same.
➢ PROFILE OWNERSHIP AND EDITING RIGHTS
CognoHealth ensures easy access to the Practitioners by providing a tool to update your profile information. CognoHealth reserves the right of ownership of all the Practitioner’s profile and photographs and to moderate the changes or updates requested by Practitioners. However, CognoHealth 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 as part of your profile or otherwise while using CognoHealth’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, CognoHealth may modify or delete parts of your profile information at its sole discretion with or without notice.
➢ BOOK APPOINTMENT AND CALL FACILITY
As a valuable partner on our platform we want to ensure that the Practitioners experience on the CognoHealth booking platform is beneficial to both, Practitioners and their Users. Practitioner understands that, CognoHealth shall not be liable, under any event, for any comments or feedback given by any of the Users in relation to the Services provided by Practitioner. The option of publishing or modifying or moderating or masking (where required by law or norm etc.) the feedback provided by Users shall be solely at the discretion of CognoHealth.
➢ 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. The Practitioner will exercise due professional care and judgment at all times.
5. CLAUSES APPLICABLE TO BOTH, THE USERS AND THE PRACTITIONERS
➢ TERMINATION
- CognoHealth 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;
- A third-party reports violation of any of its right as a result of your use of the Services;
- CognoHealth is unable to verify or authenticate any information provide to CognoHealth by a User;
- CognoHealth has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User; or
- CognoHealth believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for CognoHealth or are contrary to the interests of the Website.
- Once 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.
➢ LIMITATION OF LIABILITY
In no event, including but not limited to negligence, shall CognoHealth, 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 Practitioners to End- Users contacted or managed through the Website;
- any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Website;
- any unauthorized access to or alteration of your transmissions or data; or
- any other matter relating to the Website or the Service.
➢ RETENTION AND REMOVAL
CognoHealth 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.
➢ APPLICABLE LAW AND DISPUTE SETTLEMENT
You agree that this Agreement and any contractual obligation between CognoHealth 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 Website or the Services or information to which it gives access, shall be determined by arbitration in India, before a sole arbitrator appointed by CognoHealth. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be Pune. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language/ regional language. The award shall be final and binding on the parties to the dispute.
➢ 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 tribuna
➢ 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 CognoHealth. Any consent by CognoHealth to, or a waiver by CognoHealth 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.
