It is important that each user (“You”) read the following terms and conditions of use (“Terms and Conditions”) carefully before You register and access the online health management services offered to you by Svasth Life Private Limited (“Svasth”, “We”, “Our” or “Us”) through www.healthi.in (“Site”).
We are the author and publisher of the Site and We own and operate the Services (as defined below) provided through the Site.
By accessing the Site and the Services, You agree to be bound by these Terms and Conditions. The Privacy Policy and any other policies communicated by Us shall be applicable to Your use of the Site and the Services and shall be deemed incorporated herein by reference.
1.1. The service We provide includes the content available on the Site, the features we offer through it, including but not limited to any assessments designed and intended to be used as an interactive information resource to help You make appropriate lifestyle and well-being choices, and the platform that facilitates the conduct of various medical tests, consultations and related services (the "Packages") which are offered by doctors, clinics, hospitals and diagnostic centers (the “Providers”) through the Site. You can purchase pharmacy products made available by other third-party providers, in which case, you will be subject to the terms and conditions of the third-party provider. All the features, inter alia, the information resource, Packages offered by Providers, and purchase of pharmacy products under this Para 1.1 shall be defined as “Services”.
1.2. We, for the purposes of Our Services, collect information relating to the devices through which You access the Site. You hereby acknowledge that the information You provide to us will enable Us to provide the requisite Services to You. You hereby give Us Your consent to access Your information and provide the Services as we deem required based on the information You have provided.
1.3. This Site and the Services are not designed to provide specific medical advice, diagnosis or treatment in any individual case. You should always seek the advice of Your doctor before embarking on any new treatment, medication, lifestyle changes or exercise regime recommended on the Site or through the Services.
These Terms and Conditions shall apply to all persons accessing the Site and/or using Our Services. By accessing the Site and/or registering on the Site to access the Services, You agree to abide by these Terms and Conditions. You must complete the registration process as mentioned on the Site to be able to access the Services.
3.1. We may choose to immediately revoke or suspend Your right to access the Services and the Site without any liability in Your favour under the following circumstances:
i. If the Services that You choose to avail is partially or fully paid for by Your employer, insurance broker, insurer etc., (“Third Party Payer”) with whom We have a billing agreement:
a. if Our agreement with Your Third Party Payer is terminated or otherwise comes to an end;
b. if there exists a dispute between Us and Your Third Party Payer;
c. if You are in breach any of the provisions under these Terms and Conditions; or
d. if Your Third Party Payer requests Us to do so on its behalf for any reason.
ii. If the Services availed by You is entirely paid for by Your family members or by You, if you are in breach of these Terms and Conditions or if adequate payments in respect of the Services have not been made by You or Your family members; or
iii. If You access any malicious Site or use any such resources which may be harmful to Our Site.
3.2. Notwithstanding any of the conditions mentioned above, We may temporarily suspend Your access the Services and the Site without any liability in Your favour under the following circumstances:i. if We need to carry out maintenance of the Services or the Site;ii. if We are unable to provide the Services due to any circumstances beyond Our control, as determined in Our sole discretion;iii. if You are not an Indian citizen resident in India.
4.1. When You register on the Site to access Our Services, You will be asked to provide Us with information about Yourself such as name, address, email ID, phone number, government ID proof, health history, etc., (“Personal Information”). This information will be collected and used in accordance with the terms of our Privacy Policy available at [https://www.healthi.in/privacy], which forms part of these Terms and Conditions.
4.2. You acknowledge and agree that We may process the Personal Information You provide in ways and for the purposes as set out in Our Privacy Policy. In order to access Our Services on the Site, You agree to provide us with true, accurate and complete information about Yourself upon registration and at all other times and to abide by these Terms and Conditions. In the event, any Personal Information shared by You is inaccurate, incorrect and/or incomplete, You hereby acknowledge and agree that You will absolve Us of any and all liability arising as a consequence of Your actions of providing inaccurate, incorrect or incomplete Personal Information.
5.1. You will be required to create an account using a unique user name. You will provide Us with Your e-mail address and mobile number, which will be used by Us to identify Your profile andgenerate a password for You to access the Services. If no email address exists, We will generate the password using Your registered mobile number. You shall bear the sole responsibility for the security and proper use of Your account.
5.2. You must ensure that You keep Your password safe and secure and confidential and not disclose it to any third party. You will be responsible for all activities which occur under your account. It is Your responsibility to:
i. notify Us immediately of any unauthorised use of your e-mail address and password or any other breach of security as soon as you become aware of it; and
ii. take immediate steps to change Your password in such cases.
6.1. As part of accessing the Service, You may be required to complete various surveys or tests in Person and through the Site to measure different aspects of Your health and lifestyle. The results of these tests or surveys are produced on an automated basis using aggregated statistical information providing generalised results for typical or average cases and are not in any way to be taken as a definitive diagnosis, advice or recommendation in any particular case.
6.2. You shall be solely responsible for any decision You make and/ or any action You take based on such results. If You disagree to take the tests or the surveys and object to such results being produced on an automated basis, You will be unable to access the Service or the Site. We disclaim any and all liability in connection with Your use of the results provided by Us through the Services.
7.1. As part of the Services, We may send You electronic or non-electronic communications on various matters, including technical support, health and wellbeing related encouragement, use of the Services etc. We will not include any of Your Personal Information which is sensitive in these communications. You may opt out of receiving such communications at any time by sending us an email correspondence wishing to unsubscribe to such communications.
7.2. You may contact Us with technical support queries about the Service and/ or the Site to give us feedback on the Services by clicking here [support@healthi.in]. However, please note that We will not be able to respond to communications on any other issues.
7.3. You hereby agree and acknowledge that there is no guarantee that any kind of communication made by You to Us will be secure from interception by third parties and other cyber threats, and hence, we suggest that You refrain from including sensitive personal data in these communications. You agree that We will not be liable for any unauthorised interception of your communications. We also do not provide any guarantee that all communications made by You to Us will be responded to by Us.
8.1. We may provide links to external third party websites or resources for Your reference and convenience. However, We neither endorse nor take any responsibility for the contents of such resources and/ or websites. We make no representations for the accuracy or reliability of any information, data, opinions, advice or statements made on those websites. If You decide to access third party links and websites You do so at your own risk and You will leave the Site upon access of the third party links and websites. You will be bound by the terms and conditions of the third party links and websites. We are not liable for any security risks involved in your access of the third party website . We are neither responsible for the availability of those websites, nor liable in any way for any loss or damage which You may suffer by using or relying on the content of those websites.
8.2. In the event You access such malicious links or websites, You will be forcefully logged out of Our Site and You will be denied access to the same.
The Information provided by third party sources is for general guidance only and We do not accept responsibility for its accuracy and reliance. Such information is not designed or intended to produce a specific diagnosis in any particular case. You are advised to seek advice from Your doctor before attempting to self-diagnose or treat any physical or mental condition.
10.1. In the course of You accessing the Services or the Site, You may engage the Services which are made available on the Site as on date or on a future date and the Services which are provided by independent third parties, whether online of otherwise, such as doctors, pharmacies, clinics, diagnostics centres, hospitals, etc., based on our suggestion.
10.2. We do not endorse the services provided by any Provider and while We have made best efforts to ensure the accuracy and value of the services provided by such independent third parties, You agree and acknowledge that We are not be liable for the services provided by such third parties.
10.3. You shall evaluate the services of such third parties independently and seek the advice of a doctor before engaging such third party service Providers. Thereafter, You shall, out of Your own free will and independent assessment, decide as to whether such Provider should be engaged or not. In the event of any dispute, You shall independently resolve the dispute with such Provider and neither You nor the Provider shall have any recourse against Us.
10.4. Notwithstanding anything to the contrary contained herein, You agree and acknowledge that You alone shall be liable for your dealings and interaction with the Providers contacted or managed through the Site and We bear no liability or responsibility in this regard. The Service should not be used for emergency appointment purposes or in critical health emergencies.
10.5. We do not guarantee or make any representation with respect to the correctness, completeness, timeliness or accuracy of the tests conducted and reports generated by the Providers. We shallnot be responsible for the mishaps/missed services due to no service/no show from the Providers for sample collection and / or doctors and other service providers at the scheduled appointment time. We shall not be responsible for any error or delay in the sample collection and/ or reports generated by the Providers. It is specifically agreed that if the services are provided by independent third parties including but not limited to the Providers and associates engaged by You through the Services, We shall not be liable, in any manner, for any claims, actions, losses, damages, penalties, costs, charges, expenses, suits, or proceedings of whatever nature made, suffered or incurred, including, without limitation, any legal or other fees and expenses incurred in connection with any action or claim resulting from or arising directly or indirectly out of the services of such third parties or Providers, whether or not the services of the third party(ies) or Provider(s) have been suggested by Us.
11.1. All text, software, music, sound, photographs, graphics, video, page layouts, design and other material on the Site and the Services including all copyrights, database rights, trademarks, service marks, patents or other rights related thereto (together "Intellectual Property Rights") belong to Us or third party licensors. Except as expressly provided in these Terms and Conditions, You are not entitled to use and shall have no interest in these Intellectual Property Rights, the software We use to operate the Site and Services, or any data generated by other users of the Site and Service.
11.2. You acknowledge that You have only a revocable and limited right to access the Site and the Services subject to these Terms and Conditions. You are not permitted to change, adapt, copy, store, publish, rent, licence, sub-licence, sell, hire, lend or distribute in any way any of these Intellectual Property Rights, or to do any other act or omit to do any other act which may harm or otherwise prejudice any of these Intellectual Property Rights. No content or part of the Site or Services may be distributed or copied for any commercial purpose. No content or part of the Site or Services may be decompiled, reverse engineered or reproduced or transmitted to or stored in any manner and for any purpose.
12.1. Should You register for a Service, to the full extent permitted under applicable law, You agree that:
i. The Services and the Site are provided to You on an "as is" and "as available” basis. We do not warrant the accuracy, adequacy, reliability or completeness of this information and materials and expressly disclaim liability for errors or omissions in such information and materials. No warranty of any kind, implied, express or statutory, including but not limited to the warranties of non-infringement of third party rights, title, merchantability, satisfactory quality, fitness for a particular purpose and freedom from computer virus, is given in conjunction with the information and materials.
ii. We do not make any representation, warranty or endorsement of any of the products, Services or information provided on this Site or that the use of the Services will conferany benefit on You or will improve Your health, wellbeing or morale. The Service and Site are only designed and intended to be used as an interactive information resource to assist You in making Your own health and lifestyle decisions;
iii. To the best of our efforts, We will ensure that that the Site will be properly maintained and protected and in a fully operational condition at all times, however We do not guarantee the operation or protection of the Site at all times;
iv. We will not be liable for any damage to Your equipment or data as a consequence of Your use of the Services and/ or the Site; and
v. No advice or information obtained by You through or from the Site or Services, or obligation set out in these Terms and Conditions will create any warranty or condition not otherwise expressly stated in these Terms and Conditions.
13.1. By registering for health services paid for by Third Party Payers, You hereby confirm that You have voluntarily signed-in, registered and enrolled yourself for the Services to be conducted by Us. Any further Services that you may acquire through Us are voluntary and at your discretion.
13.2. Your Third Party Payer does not endorse the Services provided by us or the Providers. You fully understand and agree that Your Third Party Payer has no control or supervision over Us or any of the Providers or other service providers that may participate in the services provided initially or subsequently. Your Third Party Payer in no manner can be held accountable or liable for any issues arising out of Services provided by us or any of the Providers or the quality of the services themselves.
13.3. Your Third Party Payer does not guarantee or otherwise assure quality or timeliness of the Services or performance otherwise of / by us or any of the Providers accessed through the Site. You agree that your Third Party Payer has no liability, obligation or responsibility whatsoever for any such correspondence and transaction between You and us or any of the Providers accessed through the Site. You shall independently agree upon the manner and terms and conditions of service delivery, etc. with the Provider. As You register for the Services, You agree that Your Third Party Payer may share Your sensitive Personal Information with Us, Our affiliates or Providers. The Personal Information shall have the same meaning as ascribed in the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 and Your sensitive Personal Information shall be used by Us in accordance with these Terms and Conditions and the Privacy Policy.
14.1. Svasth does not make any representations, covenants, warranties or provide any warranties for Services rendered or undertaken through or by third parties including but not limited to medical institutions or professionals (including medical practitioners, hospitals, clinics, diagnostic centres or paramedical staff) (together referred to as “Third Parties”).
14.2 Notwithstanding anything to the contrary under these Terms and Conditions and to the extent permissible under applicable law, whether under tort, negligence or otherwise, Svasth disclaims all liability (whether direct or indirect) relating to any claims, losses and/or damages resulting from:
a. Access or inability to access the Site or Service;
b. Access of, or reliance on, any information on the Site or information provided by Svasth;
c. Any unauthorized access of Personal Information including but not limited to on the Site or Service; and
d. Any other damage or liability to property (whether tangible or intangible) in the course of accessing the Service or the Site.
For the avoidance of doubt, nothing hereunder shall exclude or limit Svasth’s as may be finally awarded by a court of competent jurisdiction from any damage to personal injury or death arising from a third party claim caused from Svasth’s gross negligence or wilful misconduct.
14.3 In no event shall Svasth or any of its employees, directors, officers, agents or authorized representatives, whether for breach of contract, negligence or otherwise (even if it has been advised of the possibility of the same) be liable for any:
a. indirect or consequential losses, including but not limited to loss of profits, loss of revenue, loss of goodwill or loss of reputation under these Terms and Conditions; or
b. in the case of Third Parties, any direct, indirect or consequential loss, including but not limited to loss of profits, loss of revenue, loss of goodwill, loss or reputation, including for any loss or liability incurred from such Third Parties’ advice.
14.4 Subject to clause 14.3, the maximum aggregate liability of Svasth pursuant to these Terms and Conditions shall be limited to the actual direct damages suffered by You up to the charges paid in the preceding twelve months from the date the claim first arose.
We reserve the right to make changes to the Service and these Terms and Conditions. Please review the Service and these Terms and Conditions for updates or changes. Your continued access or use of the Services shall be deemed Your acceptance of the then current version of the Terms and Conditions.
16.1. The Site and the Services are designed and intended for adults and You may only access the Site and use the Services if You are 18 (eighteen) years and above or such other statutory age of majority if greater than 18 (eighteen) years may be permitted to access the Services. In case the Services are used in respect of minors, the parent of such minor or legal guardian shall be bound by these Terms and Conditions and will be able to access the Site and the Services in behalf of such minor.
16.2. The Site and the Services are available only to Indian residents and not to citizens outside India. We reserve the right to prevent You from accessing and using the Site and Services in case You are not resident in India.
16.3. These Terms and Conditions, along with the Privacy Policy, constitute the entire agreement between You and Us in respect of Your access of our Site and Services and supersedes any and all prior agreements, arrangements and representations.
16.4. If any of these Terms and Conditions are found to be invalid then that provision shall not affect the validity of the remaining provisions which shall remain fully enforceable to the full extent permitted under applicable law. No waiver by Us of any term shall be deemed to be continuing or shall be deemed to be a waiver of any other term.
16.5. These Terms and Conditions will be interpreted and construed in accordance with the laws of India and will be subject to the exclusive jurisdiction of the urban courts of Bangalore to which You and Us each hereby agree to submit to.
16.6. You and We both agree that We do not intend that any of these Terms and Conditions shall be enforced by any person who is not a party to these Terms and Conditions. For up-to-date information on Our Services and technical support facilities or if you are dissatisfied with the Site
or Our Service or have any questions concerning these Terms and Conditions, please write to support@healthi.in.
