In this Agreement, the Website and the Application shall be collectively referred to as “physio-fit-india Platform”.
PHYSIO-FIT-INDIA (“physio-fit-india”, “we”, “us” or “our”) is a pioneering, technology-powered integrated healthcare aggregator service provider with a unique model enabling delivery of the complete spectrum of healthcare services utilizing its virtual platform and/or the mobility platform The various health and wellness services offered through physio-fit-india Platform Physiotherapy services provided from time to time (“Services”). You may use our website www.physio-fit-india.com (“Website”) or our mobile application physio-fit-india-Doctor (“Application”) to avail our Services.
The Services offered through physio-fit-india Platform are subject to the following terms and conditions:
This Agreement applies to every user who uses or accesses the Services of physio-fit-india. It also applies to any legal entity which may be represented by you under actual or apparent authority.
This Agreement applies to all Services offered by physio-fit-india, collectively with any additional terms and condition that may be applicable to the specific service used/accessed by you. In the event of a conflict or inconsistency between any provision of the terms and conditions mentioned herein with those of the particular service, the provisions of the terms and conditions applicable to such specific services shall prevail.
The Policies are subject to modifications, at the sole and absolute discretion of physio-fit-india. Further, physio-fit-india may from time to time formulate new policies for availing all or any of the Services. The most current version of the Policies will supersede all previous versions. Changes to the Policies or addition of new policies shall be notified on the Website / Application. physio-fit-india may also intimate the changes to the Policies, through e-mail, messages and / or post, as per the details provided by you. Please make sure that you provide a valid email-id, mobile number and contact information and you update it as and when there is a change. physio-fit-india does not intend to transfer Personal Information (defined hereinafter) without your consent to third parties who are not bound to act on physio-fit-india behalf unless such transfer is legally required. Similarly, it is against physio-fit-india policy to sell Personal Information collected online without consent. You understand that your use of the Services after any changes to the Policies or addition of new policies constitutes your acceptance to be bound by the most recent version of the Policies. If the Policies (including changes and additions thereto) are not acceptable to you, you have the absolute right to terminate your Account by writing to us @ [•] or by reaching us @ [•].
For the purpose of this Term, “Personal Information” means any information that may be used to identify an individual, including, but not limited to, a first and last name, a home or other physical address and an email address or other contact information, whether at work or at home.
GENERAL REGISTRATION REQUIREMENTS
We believe in providing simple and easy access to our Services. There may be few generic Services that you may use without registering and creating an account on the Website / Application for availing the Services provided by physio-fit-india.However, there are other features and Services which will require you as a user to register and create an Account on the Website / Application (“Account”) by providing certain required information.
Upon creation of Account, physio-fit-india shall send you a user ID and password to the email address provided by you to access the Services. When creating your Account, it is mandatory that you provide us with complete, authentic and accurate information. It is your duty to keep your Account and password secure and confidential and you shall be solely responsible for any activity that occurs through your Account. If you would like the support for the Services other than the support we generally provide to other users of the Services without charge, you may enroll for customer support in accordance with the terms specified therein. Upon the creation of the Account, it is deemed that you have accepted all the terms and conditions of this Agreement by free consent.
physio-fit-india may share all or part of user’s information, including but not limited to, Personal Information in good faith and belief that access, use, preservation or disclosure of such information is reasonably necessary to satisfy any applicable law, regulation, legal process, such as court order, or a request by law enforcement or governmental authorities.
You, hereby, expressly consent to receive communications and newsletters from physio-fit-india through text messages and e-mails. You can unsubscribe / opt-out from receiving communications and newsletters from physio-fit-india at any time by following the procedure set forth in the Website / Application.
Any feedback you provide to this Website /Application shall be considered to be non-confidential. physio-fit-india shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, you represent and warrant that:
Your feedback does not contain any confidential or proprietary information of you or of any other third party.
physio-fit-india is not under any obligation of confidentiality, express or implied, with respect to the feedback; and
You are not entitled to any compensation or reimbursement of any kind from physio-fit-india for the feedback under any circumstances.
If the user provides any false information or physio-fit-india has reasonable grounds to believe that such information is untrue, inaccurate, not current or incomplete, physio-fit-india shall have full rights to suspend or terminate user’s Account and deny any and all current or future use of the Services.
You can always choose to unregister or delete your Account by writing to us at [•] or by reaching us at [•].
If you register on physio-fit-india, you will be required to choose a password and username. You are responsible for maintaining the confidentiality of your password and account information and are fully responsible for all activities that occur under your Account. You concur to:
SUBSCRIBER ACCOUNT, PASSWORD AND SECURITY
immediately notify physio-fit-india of any unauthorized use of your Account or any other breach of security; and ensure that you properly sign off from the Account after each visit and/or use of Services. physio-fit-india cannot and will not be responsible for any loss or damage resulting from your failure to comply with these conditions.
You shall be held responsible for any losses incurred by physio-fit-india or any third party user due to unauthorized use of your Account which is a consequence of the user’s inability to secure his / her Account.
Certain Services offered through physio-fit-india Platform shall require specific consent from you. You will not be provided such Services unless you have provided your specific consent. The Services provided by physio-fit-india or its Associates are subject to the terms and conditions of this Agreement and the other specific terms of services offered through physio-fit-india Platform.
physio-fit-india unique business model provides you with location based service providers in a short span of time. To facilitate this, you hereby authorize physio-fit-india to use the location based information provided by any of the telecommunication companies when you use the Application to avail the Service. The location based information will be used only to facilitate and improve the Services for you.
If you use the Website / Application, you agree that information about your use of the physio-fit-india Website / Application through your mobile telecommunication device may be communicated to us, and we may obtain information about your mobile carrier, your mobile device, or your physical location. By accessing the Website / Application using a mobile telecommunication device, you represent that to the extent you import any of your physio-fit-india data to your mobile telecommunication device that you have authority to share the transferred data with your mobile carrier or other access provider. In the event you change or deactivate your mobile account, you must promptly update your physio-fit-india account information to ensure that your messages are not sent to the person that acquires your old number and failure to do so is your responsibility. You acknowledge that you are responsible for all charges and necessary permissions related to accessing the application through your mobile access provider. Therefore, you should check with your provider to find out if our Website / Application are available and the terms for these Services for your specific mobile device.
physio-fit-india reserves the right to collect user data including name, contact information and other details to facilitate the Services or use of its Website / Application to avail Services.
Compilation of user accounts and user accounts bearing contact number and e-mail addresses are owned by physio-fit-india.
In the case where the system is unable to establish unique identity of the user against a valid mobile number or e-mail address, the account shall be indefinitely suspended. physio-fit-india reserves the full discretion to suspend a user’s account in the above event and does not have the liability to share any account information whatsoever.
We may record your telephone calls to our call centers or to us.
PHYSIO-FIT-INDIA AND THIRD PARTIES
You acknowledge and agree that physio-fit-india is only an intermediary between you and the Third Party Service Provider and that physio-fit-india is neither a medical practitioner nor a pharmaceutical company or medicine provider and do not provide direct medical services. physio-fit-india cannot in any manner be held responsible for any behavior, negligence, conduct, actions or inactions on the part of the Third Party Service Provider that you may use through the Services. If you have any complaint in relation to the Service provided then that dispute must be taken up with the Third Party Service Provider directly.
physio-fit-india will provide you with the Services through subcontracts with the third party (“physio-fit-india Associates”),who may be verified by physio-fit-india. In the process of delivering the Services, physio-fit-india shall remain indemnified from any actions of the physio-fit-india Associates.
The Services may entail links to third party websites / applications that are neither controlled nor owned by physio-fit-india. physio-fit-india has no control over the content on such websites and therefore devolves itself of all the responsibilities for the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and miscellaneous materials you may come across / access through, or contribute to the service and the privacy policies, terms of service or practices of any third party websites / applications. Further, physio-fit-india is not authorized to edit any third party’s content. By using the Services, you expressly devolve physio-fit-india of all its liability arising from your usage of any third-party website / application.
AVAILABILITY OF SERVICES PROVIDED
The Services are available only to persons located in India. All or any of the Services offered through physio-fit-india may be temporarily unavailable or may not be offered to you, for various reasons which could include but not limited to your medical conditions, age, geographic limitations, or prohibition / restrictions under applicable laws or Policies or due to any technical faults or interruptions. Further, you should be aware that the physio-fit-india Associate has the right to reject provision of the Services to you at any point of time as laid down in this Agreemen
FEES OF SERVICES PROVIDED
physio-fit-india or its Associate, as the case may be, has the right to charge fees for the Services and the fees charged may differ from time to time. Please ascertain the fee prior to availing any Service. By availing the Services, you will have consented to pay the applicable fees for the Service availed by you.
In case, physio-fit-india, at any time under any circumstances feels, even after confirming fees that the fees shall be revised, physio-fit-india reserves the right to revise the fees accordingly.
PAYMENT OF FEES OF SERVICES PROVIDED
Online payment of fees can be made by credit, debit card and net banking facility. These payments are not collected by physio-fit-india directly but by the bank. The online payment system is provided by physio-fit-india and its third party supplier/s. All prices quoted are in INR. physio-fit-india reserves the right to change the fees at anytime. Your payment will be through merchant gateway facility of [●]. We cannot accept liability for a payment not reaching physio-fit-india account due to you quoting an incorrect account number or incorrect personal details. Neither can we accept liability if payment is refused or declined by the credit/debit card supplier for any reason.
If the card supplier declines payment, physio-fit-india has the right but no obligation to bring the fact to your attention. You should check with your bank / credit / debit card supplier that payment has been deducted from your account. All payment details which are entered through this payment gateway are encrypted when the user making the payment, enters them. Communications to and from the service provider’s application are encrypted.
physio-fit-india shall not be liable for any failure by the user making payment of fees to properly protect data from being seen on their screen by other persons or otherwise, obtained by such persons, during the online payment process or in respect of any omission to provide accurate information in the course of the online payment process.
physio-fit-india does not store or keep credit card / debit card data in a location that is accessible via internet. Once a credit card / debit card transaction has been completed, all credit card/debit card data is moved off-line only to ensure that the credit card / debit card information received is not accessible to anyone after completion of the online transaction and to ensure the maximum security. physio-fit-india uses the maximum care as is possible to ensure that all or any data / information in respect of electronic transfer of money does not fall in the wrong hands.
physio-fit-india shall not be liable for any loss or damage sustained by reason of any disclosure (inadvertent or otherwise) of any information concerning the user’s account and / or information relating to or regarding online transactions using credit cards / debit cards and / or their verification process and particulars nor for any error, omission or inaccuracy with respect to any information so disclosed and used whether or not in pursuance of a legal process or otherwise.
CONSENT OF CUSTOMERS
Certain Services may require physical examination or contact with you. By availing such Services, it is deemed that you have provided your consent to the agent, employee, consultants or staff of physio-fit-india and / or physio-fit-india Associate to visit your premises and undertake necessary actions to perform the Service.
This consent provided by you shall be valid for all the Services availed from physio-fit-india at present or in the future. You have the right to withhold or withdraw your consent for any of the Services at any point of time and inform us of such withdrawal through e-mail or by contacting the customer care. Irrespective of such withdrawal of your consent, all dues outstanding for the Services availed shall be settled by / to you.
You, hereby, represent and warrant that you have all necessary rights in and to all information you submit to physio-fit-india and enter into Agreement and all of the information provided by you to physio-fit-india to avail the Services is correct and updated. In addition, you also agree that any information you post in public areas of the Website / Application shall not:
infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
violate any law, statute, ordinance or regulation;
be defamatory, libelous, abusive, threatening or harassing;
be obscene, vulgar, profane, indecent or contain pornography, child pornography, or photographs of unclothed person(s);
transmit content that encourages or provides instructional activities about illegal activities, in particular hacking or phishing;
solicit other users to join, become members of, or contribute money to any online service or other organization, advocate or attempt to get users to join in legal or illegal schemes or plan or participate in scams involving other users;
attempt to resell, redistribute, broadcast or transfer the information or use the information derived from the website in a searchable, machine-readable database;
create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; or
link directly or indirectly to any materials to which you do not have a right to link to or include.
physio-fit-india reserves the right (but not the obligation) to monitor all user postings and to remove any postings, which physio-fit-india considers in our absolute discretion to be offensive or otherwise in breach of these terms and conditions or any applicable law or regulation.
PHYSIO-FIT-INDIA ASSOCIATES’ LIABILITY
The Services shall be provided by the available representative of physio-fit-india or the physio-fit-india Associate, as the case may be.
In case of Physiotherapy at home servies any Problems, you should inform the physio-fit-india Associates in a prescribed time. Any information received after this prescribed time would not be taken care of and physio-fit-india would not be liable for the act.
physio-fit-india does not exercise any ownership, control or supervision over the physio-fit-india Associates or their services. physio-fit-india makes no representation or provides no warranty (express or implied) for the services offered through the physio-fit-india Associate. Any claims, actions or inactions relating to the services availed from the physio-fit-india Associate should be settled inter-se between you and the physio-fit-india Associate. No consultations booked using Application is regulated or evaluated by physio-fit-india administration. physio-fit-india only acts as an aggregator and does due diligence check on the qualification of the physio-fit-india Associate to the best of its ability before on boarding. The consultations conducted express the views and opinions of the physio-fit-india Associate with respect to their patients. The consultations have nothing to do with the technology administrators, call center staff, or management staff and hence physio-fit-india and its principals will accept no liabilities or responsibilities for the consultations made by physio-fit-india Associate.
Under no circumstances will physio-fit-india be liable to you or your representative for any direct, indirect, incidental, special, punitive or consequential damages of any character that arise from your use of any of the Services provided by physio-fit-india or physio-fit-india Associate or any agent, employee, physician, consultant or partner of physio-fit-india or physio-fit-india Associate. The liability of physio-fit-india, in any event, shall not exceed the total fees paid by you for availing the Services. By availing our Services, you acknowledge and agree to solely assume the risk of these limitations.
To the fullest extent permitted by applicable law, in no event shall physio-fit-india be liable to you for any damages resulting from any:
errors, mistakes, or inaccuracies of content,
personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Services including Website / Application ,
any unauthorized access to or use of our servers and/or any and all personal information stored therein,
any interruption or cessation of transmission to or from our servers,
any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the services by any third party,
any loss of your data or content from the Services
any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, transmitted, or otherwise made available via the Services, whether based on warranty, contract, tort, or any other legal theory, and whether or not the physio-fit-india are advised of the possibility of such damages,
your failure to keep your Account details secure and confidential,
loss or damage which may be incurred by you, including but not limited to loss or damage as a result of reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Services. In no event shall physio-fit-india be liable to you for any indirect, incidental, special, punitive, exemplary or consequential damages whatsoever, however caused and under any theory of liability, including but not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss.
You acknowledge that physio-fit-india makes no express or implied warranty regarding the Services provided by physio-fit-india / physio-fit-india Associate / Third Party Service Provider. physio-fit-india does not authorize anyone to make a warranty of any kind on its behalf.
VIOLATION OF THIRD PARTY RIGHTS
Any content on the Website / Application regarding the Services is general in nature, particularly any such content relating to medical conditions, wellness and their treatment, and shall not operate nor be construed to be, and is no substitute for the advice provided by a qualified and practicing expert / professional. There is no guarantee of completeness, accuracy, timeliness of such Content. You hereby acknowledge that any reliance upon any content shall be at your sole risk. physio-fit-india does not guarantee that the Application is well-suited to your mobile device or that the contents of the Application and the Website are accurate, correct and free of viruses.
All programs, services, processes, designs, software, technologies, trademark, trade names, inventions and materials comprising physio-fit-india, and all Services offered by experts or others on physio-fit-india Platform are wholly owned by physio-fit-india. The copyright to physio-fit-india as well as the intellectual property contained thereon vests wholly and completely in physio-fit-india. Upon acceptance of this Agreement, physio-fit-india authorises you to view or download a single copy of the material available on the Website / Application solely for your personal and non-commercial use.
physio-fit-india cannot and does not guarantee or warrant that files available for downloading through the Website / Application will be free of infection by software viruses or other harmful computer code, files or programs.
The contents of the physio-fit-india Website / Application , such as text, graphics, images and other material including software licensed by physio-fit-india to permit users to access the physio-fit-india Website / Copyright (“Content”) are protected by copyright under Indian laws, and title to the Content shall not pass to you or any other user. Unauthorized use of the Content may violate copyright, trademark, and other laws. None of the Content may be reverse-engineered, disassembled, decompiled, reproduced, transcribed, stored in a retrieval system, translated into any language or computer language, re-transmitted in any form or by any means (electronic, mechanical, photo-reproduction, recordation or otherwise), resold or redistributed.
You, hereby, agree to indemnify and hold harmless physio-fit-india from and against any and all claims, charges, demands, damages, liabilities, losses, expenses, and liabilities of whatever nature and howsoever arising (including but not limited to any legal or other professional fees and the costs of defending or prosecuting any claim and any loss of profit, goodwill, and any other direct or consequential loss) incurred or suffered by physio-fit-india directly or indirectly by reason of:-
your use/misuse of or access to the website;
your violation of these terms and conditions;
any activity related to your Account (including negligent or wrongful conduct) by you or any other person accessing the Website / Application using your Account;
from any transaction you conduct as a result of the contact facilitated by the Website / Application;
from your property posted on the Website / Application; or
from your infringement of any intellectual property rights in any posting to or transmission via the Website / Application.
from your infringement of any intellectual property rights in any posting to or transmission via the Website / Application.
any wrong medication or treatment quality being given by the practitioner(s), or any medical negligence on part of the practitioner(s);
any type of inconvenience suffered by the user due to a failure on the part of the practitioner to provide agreed Services or to make himself/herself available at the appointed time, no show by the practitioner, inappropriate treatment, or similar difficulties;
cancellation or rescheduling of booked appointment or any variance in the fees charged;
any medical eventualities that might occur subsequent to using the Services of a practitioner, whom the User has selected on the basis of the information available on the Website / Application or with whom the user has booked an appointment through the Website / Application.
CONFIDENTIALITY OF INFORMATION
You shall not, either during the period of use of the Website / Application or thereafter, except, in the proper course of your duties, divulge to any person whomsoever and shall use your best endeavors to prevent the unauthorized use, dissemination, publication or disclosure of any confidential information. You shall not either during the period of use of Website / Application or thereafter use the confidential information for your own benefit, or for the benefit of a third party, and will not permit such use, except with the prior, express written consent of physio-fit-india.
physio-fit-india shall not be liable for any failure to perform any obligations under this Agreement, if the performance is barred or deferred by any event arising due to any cause beyond the reasonable control of physio-fit-india and in such case our obligations under these this Agreement shall be suspended for so long as such event continues.
Devices of Third Party Service Providers may be installed with location tracking software or technology. You acknowledge and agree that the location tracking feature is not free from defects and the information provided by it may not be precise. Your use of the location tracking feature is solely at your own risk and physio-fit-india shall accept no responsibility or liability in connection with any such use of and/or reliance on such location tracking information by you.
Any violation of this Agreement or any indecent action towards Third Party Service Provider and members will not be tolerated and shall attract prompt and punitive disciplinary action as per applicable laws enforced in India and including but not limited to termination of usage rights as well as legal action. In the event of termination, users will not receive any credit or payment or refund from physio-fit-india. Without limiting physio-fit-india of other remedies, you must pay physio-fit-india for all fees owed to us and reimburse physio-fit-india for all losses and costs (including any and all physio-fit-india Associate time) and reasonable expenses (including but not limited to legal fees) related to investigating such breach and collecting such fees. In the event of termination, you will have no claim whatsoever against physio-fit-india in respect of any such suspension or termination of your membership but you shall settle all dues owed to physio-fit-india upon the termination
You acknowledge that no joint venture, partnership, employment, or agency relationship exists between you and physio-fit-india, as a result of your use of physio-fit-india platform. You agree not to hold yourself out as a representative, agent or employee of physio-fit-india.
physio-fit-india ’s performance under this Agreement is subject at all times to existing laws and legal process and nothing contained in this Agreement is in derogation of physio-fit-india ‘s right to comply with law enforcement requests or requirements relating to a member’s use of physio-fit-india or information provided to or gathered by physio-fit-india with respect to such use.
The content may contain typographical errors or other errors or inaccuracies and may not be complete or current. physio-fit-india, therefore, reserves the right to correct any errors, inaccuracies or omissions and to change or update the content at any time without prior notice. physio-fit-india does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.
In case you are the guardian representing a minor, please ensure you sign on the below clearly mentioning your relation to the patient and your signature binds you to taking full responsibility to acceptance of the terms and conditions of this Agreement mentioned on behalf of the minor.
Any claim or controversy that arises out of or relates to this Agreement, or the breach of it, the same shall be referred to a person nominated by physio–fit–india whose decision shall be final and binding upon the parties hereto. Such references shall be deemed to be a submission to arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996.
This Agreement shall be governed by the laws of India and in case of any dispute between you and physio-fit-india, in relation to the Services
In accordance with Information Technology Act 2000 and Information Technology (Intermediaries Guidelines) Rules, 2011 made there under, the contact details of the Grievance Officer are provided below in order to contact him when you have some problem or grievance with respect to the Services of the Website:
Attn: Dr. Lalit Choudhary
Email: [Lalit Choudhary@physio-fit-india.com]