Terms of Use for the use of VAppoint and other Services supplied by A.V. Technologies by Practitioners, Practices, and Healthcare Providers.
The website www.vappoint.in (“Website”) and the software and applications made available by VAppoint at www.vappoint.in, including but not limited to the mobile application “VAppoint” and the software and applications of the brand names “VAppoint,” are collectively referred to as the “Services” by VAppoint (“us”, “we,” or “VAppoint,” which also includes its affiliates).
The user of VAppoint’s subscription services (hereafter referred to as “User” and as such defined in Section 2 of this agreement) and VAppoint are bound by the terms and conditions set forth in this agreement (the “Agreement” or “Terms of Use”).
The following terms and conditions apply to your use of VAppoint’s subscription services, which are available at www.vappoint.in and for which a subscription fee is payable for use. Individually referred to as “Subscription Services” and collectively as “Subscription Services,” these services are described below as “Subscription Services” and “Subscription Services,” respectively.
Among other things, this Agreement outlines the terms and conditions for using Subscription Services, which essentially consist of a webbased practice management system hosted and controlled remotely via the website.
A. V. Technologies is the owner and operator of the website www.vappoint.in.
This Agreement is an electronic record in terms of Information Technology Act, 2000 and generated by a computer system and does not require any physical or digital signatures. This Agreement is issued in accordance with Rule 3 (1) of the Information Technology (Intermediaries Guidance) Rules, 2011, which mandates the publication of the terms and conditions, privacy statement, and terms of use for accessing or using the subscription services.
1. YOUR AGREEMENT WITH VAppoint
1.1 We retain the right to alter the Terms of Use at any time and without prior notice to you. Following any such update, by using the Subscription Services, you agree to abide by the Terms of Use as modified and to be bound by them. Additional terms and conditions, disclaimers, privacy policies, and other guidelines that apply to particular subscription services or to general or niche regions of these subscription services are also taken into consideration. You also agree to the conditions of use of the Service, which are available at www.vappoint.in, by accepting these terms.
1.2 You agree that by using any of the subscription services we offer, you will be bound by this Agreement.
1.3 Your access to use the Subscription Services will be solely at the discretion of VAppoint.
2. WHO IS VAppoint?
VAppoint is the author and publisher of the software VAppoint and its variants, editions, add-ons, and ancillary Subscription Services or services (including all files and images contained in or generated by the software, and accompanying data, together the “Software”). The Subscription Services have been created for use in businesses, institutions, establishments, and organizations engaged in healthcare practices (the “Practices”) by healthcare providers (the “Practitioners,” who also include designated associates of the healthcare providers who would use Software) and clients of the healthcare providers (the “End-Users,” who also include members of the public who search for Practitioners on the website in an anonymous or as a registered user)to find, manage and organise information including but not limited to personal or non-¬personal information, practice and business information, appointments, prescriptions, medical records, billing, inventory and accounting details. All users of the Subscription Services are together termed as (“Users”or “you” or “your”).
VAppoint makes no express or implied representations or warranties about its Subscription Services and disclaims any implied warranties, including, but not limited to, warranties or implied warranties of merchantability or fitness for a particular purpose or use or non-infringement. VAppoint does not authorize anyone to make a warranty on VAppoint’s behalf and you may not rely on any statement of warranty as a warranty by VAppoint.
3. TERMS OF USE
3.1 You acknowledge that you have read and comprehended these Terms of Use and that you agree to be bound by them. You also agree to use the Subscription Services in a manner consistent with these Terms of Use. PLEASE CAREFULLY READ THESE TERMS OF USE. DO NOT CLICK THE “I AGREE” BOX, DO NOT COMPLETE THE REGISTRATION PROCESS, AND DO NOT ATTEMPT TO USE THE SERVICE IF YOU DO NOT AGREE TO BE BOUND BY (OR CANNOT COMPLY WITH) ANY OF THE TERMS BELOW. You expressly represent and warrant that you will not use these subscription services if you do not agree to all of the terms and conditions outlined below, understand them, and will not become a party to them. Any violation of these Terms of Use may result in legal liability upon you. Nothing in these Terms of Use should be construed to confer any rights to any third party or any other person. YOUR USE OF THE VAppoint MEANS YOU ARE CONSENTING TO THIS AGREEMENT.
3.2 To register or make any use of our Subscription Services, you must be at least 18 years old. You represent and warrant to VAppoint that you are 18 years of age or older, that you have the right, authorization, and capacity to use the Subscription Services made available through the VAppoint, and that you agree to and abide by this Agreement by registering or accepting this Agreement. You also guarantee and represent that you do not violate any laws of India or any other nation, including the nation in which you reside or from which you access the subscription services, which would prevent you from using the subscription services.
3.3 The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but limited to:
3.3.1 The Indian Contract Act, 1872,
3.3.2 The (Indian) Information Technology Act, 2000, and 3.3.3the rules, regulations, guidelines and clarifications framed thereunder, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”).
3.4 Acceptance of this Agreement by the User is a requirement for using and having access to the Subscription Services offered to Users by VAppoint. Any User who disagrees with any of the provisions of the same must exit this computer resource/the Subscription Services right away and must stop using all of the Subscription Services offered at the VAppoint right away.
3.5 The User is permitted by VAppoint to view and access the content offered by the Subscription Services only in order to place orders, receive deliveries, make communications, and otherwise act in accordance with this Agreement. The information, text, graphics, and images that make up the Subscription Services, as well as the logos, button icons, software code, design, and the gathering, arranging, and assembling of content therein (collectively, “VAppoint Content”), are all the property of A.V. Technologies and are therefore protected by copyright, trademark, and other laws. User shall not modify the VAppoint Content or reproduce, display, publicly perform, distribute, or otherwise use the VAppoint Content in any way for any public or commercial purpose or for personal gain.
3.6 You agree that all the promotional and transactional SMSs provided by VAppoint to your clients (patients) are as per your approval with them. VAppoint is in no way responsible for disapproval of the same by your clients (patients) and shall have no liability to you, your patients or any third party for such messages (in case they are registered for DND Services).
3.7 Multiple Users are not permitted to share the same/single log¬in.
3.8 This Agreement is a three-way agreement between you, the Practitioner and VAppoint if you are the Practitioner’s employee, associate, consultant, intern, or in any other way connected to the Practitioner who has subscribed to the Subscription Services and the subscribing Practitioner has given you their express or implied permission to use the Subscription Services. Any violation of the provisions of this Agreement may result in legal action being taken against you by the Practitioner and VAppoint.
3.9 Users are not permitted to give away their log-in information or the right to use the subscription services to any third person (including by way of sublicense, leasing, assignment, or other transfer, including by operation of law). You, the User, is solely responsible for the way anyone you have authorized to use the Subscription Services and for ensuring that all of such Users comply with all of the terms and conditions of this Agreement. Any violation of the terms and/or conditions of this Agreement by any such User shall be deemed to be a violation thereof by you.
3.10 Users who access Software features through native mobile applications published by VAppoint, including but not limited to those for devices running on platforms like iOS, Android, Windows, Blackberry, Tizen, and any derivatives or other platforms, are also subject to these Terms of Use. When utilizing such mobile applications to access software, additional conditions of use may be applied to Users.
3.11 You acknowledge that, to the best of our knowledge, any registration information you provide to VAppoint will always be true, accurate, correct, complete, and up to date. . Any phone number used to register with the Subscription Services be registered in your name and you might be asked to provide supporting documents to prove the same.
3.12 You agree not to use VAppoint’s subscription services for any illegal or unauthorized activities. You will not impersonate another person, including, without limitation, a Practitioner, a Practice or User.
3.13 You understand that you may only use the Subscription Services in accordance with the Terms of Use and all applicable laws, rules, and customs in the relevant jurisdictions (including any rules governing the export of data or software to and from India or other relevant countries).
3.14 Except as authorized in a separate agreement with VAppoint, you agree not to access (or attempt to access) any of the Subscription Services using a method other than the interface provided by VAppoint.
3.15 You agree that you will not engage in any activity that interferes with or disrupts the Subscription Services (or the servers and networks which are connected to the Subscription Services).
3.16 You agree that you will not reproduce, duplicate, copy, transfer, license, rent, sell, trade or resell the Software or any other Subscription Services for any purpose whatsoever.
3.17 You acknowledge that any failure to comply with your duties under the Terms of Use and any resulting consequences, including any loss or damage that VAppoint may sustain, are solely your responsibility and that VAppoint shall have no liability to you or to any third party for any such failure.
3.18 You are responsible for covering VAppoint’s costs associated with any regulatory or legal actions that come from your violation of any applicable laws, as well as any claims, losses, or damages that you may cause the company.
3.19 You hereby expressly acknowledge and agree that the Subscription Services are supplied “as is” and “as available” and that your use of the Subscription Services is at your sole risk.
3.20 You agree that you will not make any unsolicited calls or use any information displayed on the VAppoint, an online platform; to breach any applicable rules and guidelines related to unsolicited commercial communications, including but not limited to regulations & guidelines such as TRAI guidelines for telemarketers, or otherwise violate applicable law while using the Subscription Services.
3.21 You agree that this Agreement and the Subscription Services of VAppoint are subject to any modification, or may be removed by VAppoint, as a result of change in government regulations, policies and local laws as applicable.
3.22 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any log¬in you use to access the Software.
3.23 Your use of each Subscription Service confers upon you only the rights and obligations relating to such Subscription Service and not to any other Subscription Service or service that may be provided by VAppoint.
4. Use of Subscription Services
4.1 Through its website, VAppoint offers software using Software as a Service (SaaS) business model. VAppoint exclusively offers Software to User through the website and native mobile applications and assumes no liability for any patient managed by User using the website or native mobile applications. If the user uses the software or downloads it from the website, VAppoint will be assumed to have granted the user a license to use the software solely for the purpose of providing the user with subscription services and granting them access to the software. The intellectual property rights to the Software and other VAppoint subscription services are not transferred, and VAppoint (or its licensors) retains full and complete ownership of the Software as well as all related intellectual property rights. User acknowledges that they may only use the Subscription Services and the materials made available through them in accordance with the following: (a) this Agreement; and (b) any applicable laws, rules, or generally accepted standards in the relevant areas. Even if these terms of service are terminated, VAppoint or its affiliates may use, keep, or republish information submitted by a User to them.
4.2 A free trial of VAppoint’s subscription services for a set amount of time may be made available at its sole discretion. Users of the Software during the trial period agree to abide by all applicable laws, rules, and generally recognized good practices or standards in the relevant jurisdictions as well as the provisions of this Agreement. Unless the user upgrades his/her/its subscription to one of the user plans, any data entered by the user during the free trial period and any customizations made to the software by or for the user will be permanently erased. No warranty is offered by VAppoint during the trial period.
4.3 The Subscription Services are provided by VAppoint “as is” with no obligation for any User to have their customization requests honoured. VAppoint has the right to change any feature or alter the Subscription Services at any time. Any customizing fees are not included in the subscription fee that is subsequently invoiced.
4.4 Except with VAppoint’s prior written agreement, User may not utilize the Subscription Services of VAppoint if the User or the organization the User represents is a direct rival of VAppoint. Additionally, the User is prohibited from using the Subscription Services for any benchmarking or competitive reasons, or to check on their functioning, performance, or availability.
4.5 VAppoint will use commercially reasonable efforts to make the Subscription Services available twenty-four hours a day, seven days a week, with the exception of (i) planned downtime (for which VAppoint shall give at least eight hours’ notice to Users via the Subscription Services and which VAppoint shall schedule to the extent practicable during the week), (ii) any unavailability brought on by events beyond of VAppoint’s reasonable control, such as failures or delays on the part of internet service providers, acts of God, government actions, floods, fires, earthquakes, civil unrest, terrorist attacks, strikes, or other labour issues. VAppoint will only offer the Subscription Services in line with the rules and laws that are relevant. Basic support for the Subscription Services is provided at VAppoint’s discretion at no additional cost, and/or upgraded support if purchased separately.
4.6 Despite anything to the contrary in this document, VAppoint does not guarantee that its subscription services will operate without interruptions, delays, or mistakes at all times. Your local network, firewall, internet service provider, the public internet, your power supply, and telephony services are just a few of the variables that could affect how well your communications work when using subscription services (depending on the subscription services used) and native mobile applications. VAppoint disclaims all liability for any delay, interruption, or disruption brought on by the failure of any of these components or by any other factors over which we have no control.
4.7 The subscription duration of the Practitioner may, at VAppoint’s discretion, be extended solely by the number of calendar days during which the Subscription Services were unavailable in the event that the Software are not available owing to an apparent failure on the part of VAppoint or are made unusable. You acknowledge, however, that VAppoint is not liable and will not be held responsible for any intermediary service failures, such as lost internet connectivity or phone connections.
4.8 The number of calls a Useris allowed to make against VAppoint’s application programming interface, as well as other restrictions depending on the “User Plan,” such as restrictions on the number of SMS, appointments, users, or accounts, subscription duration, and other restrictions, may apply to the Subscription Services. These restrictions are detailed in the User Plans. The subscription services are set up to deliver real-time data so that users may keep track of how well users are adhering to these restrictions.
4.9 Despite anything in this document to the contrary, only the practitioner is responsible for their interactions and dealings with patients, their agents, affiliates, and people who use the website to look for practitioners (the “End User”). In this regard, VAppoint shall have no duty or obligation for any contacts or management made through the Software. Regarding the correctness, thoroughness, or accuracy of the information or detail provided by End-Users or any other third party through the Subscription Services, VAppoint neither guarantees nor makes any representations. The Subscription Services should not be used for emergency matters, including urgent medical needs, urgent appointments, or any other urgent circumstances.
4.10 While it looks into complaints or potential violations of this Agreement, or for any other reason, VAppoint reserves the right to stop User’s access to or usage of the Subscription Services at any time.
4.11 In order to develop its subscription services and give analytics and business intelligence to third parties, VAppoint maintains the right to utilize all information collected through its subscription services in anonymized form.On the basis of such information, VAppoint tries to make its Subscription Services more useful in following way:
Promotion of new Subscription Services,
Analysing software usage patterns for improving Subscription Services design and utility;
Analysing anonymised patients’ information for research and development of new technologies and any other Subscription Services offerings;
Users can use the rectification tools provided by VAppoint or contact VAppoint immediately for rectifications. VAppoint shall bear no liability or responsibility in this regard.
4.12 VAppoint reserves the right to use the following types of information stored in our software:
Practice information;
Practitioner information;
End-Users’ demographic information as anonymised form;
End-Users’ information in relation to his health and history (anonymised form) ;
4.13 As and when it sees fit, VAppoint reserves the right to add new functionality to its subscription services, remove existing functionality, and modify existing functionality. Any such changes may be made available in newer versions of its subscription services, its native mobile application, or both of these at its discretion. When such updated versions are released, all Users of its Subscription Services will be properly informed, and VAppoint reserves the right to automatically upgrade all Users to the most recent version of its Software whenever it sees fit.
Subscription Term is the number of months for which the Practices purchase the subscription for using the Software.
5. Collection, Use, Storage and Transfer of Personal Information
5.1 The terms “personal information” and “sensitive personal data or information” are defined under the SPI Rules, and are reproduced in the privacy policy (“PrivacyPolicy”) available at www.vappoint.in.
5.2 The Privacy Policy sets out:
The type of information collected from Users, including sensitive personal data or information;
The purpose, means and modes of usage of such information; and
How and to whom VAppoint will disclose such information.
5.3 The User is required to read and comprehend the Privacy Policy in order to ensure that they are aware of the following: the fact that information is being collected; the purpose for which information is being collected; the intended recipients of the information; the name and address of the agency collecting the information and the agency that will retain the information; and the various rights available to such Users in respect to such information.
5.4 Each Practice and its users of Software will be responsible for obtaining explicit consent from their End-Users before storing any End¬User information in Software.
5.5 In no way may VAppoint be held accountable for the veracity of any sensitive personal data or information provided by the User to VAppoint or any other individual operating on behalf of VAppoint.
5.6 Every User’s registration details and browsing history are stored as part of their use of the Subscription Services and are provided to the authorized authorities. The privacy policy outlines the process for such collection and submission, as well as how consent is obtained. The privacy policy details the additional data that VAppoint gathers from Users throughout the registration process. The Privacy policy outlines the consent and revocation methods in regard to the same.
5.7 The User is in charge of protecting the privacy of their log-in credentials, including their password. The User shall be responsible for all usage of the User’s log¬in or password, whether or not authorized by the User. Any actual or suspected unauthorized use of the User’s log-in or password must be reported right away to VAppoint. Even though VAppoint won’t be responsible for losses you incur as a result of password theft or other unauthorized use of your account, you could still be held responsible for losses suffered by VAppoint or other parties as a result of such unauthorized usage.
5.8 If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or VAppoint has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, VAppoint has the right to discontinue the Subscription Services to the User at its sole discretion.
5.9 When troubleshooting customer support-related problems, VAppoint has the right to occasionally access data kept in its subscription services.
5.10 VAppoint gathers and uses users’ personal and demographic data in accordance with the terms of its Privacy Policy, which is available at privacy policy. If VAppoint wants to use a User’s personal information for a reason that isn’t mentioned here or in the Privacy Policy, it plans to get the User’s consent first. After the termination of this Agreement or the expiration of a subscription by the User, VAppoint may continue to utilize any information provided by the User, and at that point, the Agreement and Privacy Policy of the Website will apply to such information.
5.11 VAppoint gathers information when you:
Provide information in your Practice Account, service provider account, or any other account we make available that allows you to develop or offer software or the payment services to your clients (patients);
Offer your products or services on or through VAppoint services;
Upload images, videos or audio or other files while using VAppoint services;
Provide and rate reviews;
Specify a special occasion reminder or greetings.
5.12 As a result of those actions, you might supply us with such information as:
Identifying information such as your name, address and phone number;
Payment information;
Your age;
Your location information;
Your IP address;
People, addresses and phone numbers listed in your addresses;
e-mail addresses of your friends and other people;
Content of reviews and e-mails to us;
The personal description and photograph in Your Profile;
Images, videos and other content collected or stored in connection with VAppoint services;
Information and officially valid documents regarding identity and address information, including PAN numbers;
Credit history information;
Corporate and financial information.
5.13 The information we collect and analyse includes:
The internet protocol (IP) address used to connect your computer to the internet;
Login, e-mail address, and password;
The location of your device or computer;
Device metrics such as when a device is in use, application usage, connectivity data, and any errors or event failures;
VAppoint services metrics (e.g., the occurrences of technical errors, your interactions with service features and content, your settings preferences and backup information, location of your device running an application, information about uploaded images and files such as the file name, dates, time and location of your images;
Version and time zone settings;
Phone numbers used to call our customer service number.
We may also use device identifiers, cookies and other technologies on devices, applications, and our webpages to collect browsing, usage or other technical information.
6. Covenants
6.1 As mandated by Regulation 3(2) of the IG Rules, VAppoint hereby informs the User that the User is not permitted to host, display, upload, modify, publish, transmit, update or share any information that:
belongs to another person and to which the User does not have any right to;
is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
harm minors in any way;
infringes any patent, trademark, copyright or other proprietary rights;
violates any law for the time being in force;
deceives or misleads the addressee (or End-user or User) about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
impersonate another person;
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.
6.2 The User is also prohibited from:
violating or attempting to violate the integrity or security of the Subscription Services or any VAppoint Software;
transmitting any information (including job posts, messages and hyperlinks) on or through the Subscription Services that is disruptive or competitive to the provision of Subscription Services by VAppoint;
intentionally submitting on the Subscription Services any incomplete, false or inaccurate information;
making any unsolicited communications to other Users;
using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Service;
attempting to decipher, decompile, disassemble or reverse engineer any part of the Subscription Services unless explicitly permitted by VAppoint;
copying or duplicating in any manner any of the VAppoint content or other information available from the Service;
framing or hot-linking or deep-linking any VAppoint content.
circumventing or disabling any digital rights management, usage rules, or other security features of the Software.
6.3 In accordance with S. 6.2, VAppoint has the right to disable any information that is in violation of S. 6.2 after learning about it on its own or after being informed about it by an affected person in writing or through an email signed with an electronic signature. VAppoint shall be entitled to preserve such information and associated records for at least 90 (ninety) days for service on to governmental or investigative authorities for investigation purposes.
6.4 In the event that a User violates any of the Agreement’s terms (including the privacy statement) or any relevant laws, rules, or regulations, VAppoint has the right to immediately revoke the User’s access to and use of the Subscription Services and to delete any non-compliant data.
6.5 You hereby agree that VAppoint may disclose or transfer User Information (as defined in the privacy policy) to its affiliates. The SPI Rules only permit VAppoint to transfer sensitive personal data or 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 VAppoint as provided for under the SPI Rules, if such transfer is necessary for the performance of the lawful contract between VAppoint or any person acting on its behalf and the user, or where the user has given their consent.
6.6 VAppoint respects the intellectual property rights of others and we do not hold any responsibility for any violations of any intellectual property rights.
7. Liability
7.1 In cases where the User has given consent for VAppoint to make disclosures, VAppoint shall not be held accountable or liable in any way to the Users for any losses, damage, injuries, or expenses suffered by the Users as a result of any disclosures made by VAppoint. According to the privacy policy, if the User had revoked this consent, VAppoint would not be responsible or liable in any way for any losses, harm, injuries, or costs the User might have incurred as a result of any disclosures made by VAppoint prior to its actual receipt of the revocation.
7.2 The User shall not hold VAppoint responsible or liable in any way for any disclosures by VAppoint under Regulation 6 of the SPI Rules.
7.3 The Software provided by VAppoint or any of its licensors or providers are provided “as is”,”as available”, 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). VAppoint does not provide or make any representation, warranty or guaranty, express or implied about the Subscription Services.To the fullest extent permitted by law, VAppoint disclaims all liability arising from the User’s use or reliance on the Subscription Services, the VAppoint Content, representations and warranties made by the Users, the content or information provided by the Users on the Subscription Services, or any opinion or suggestion given or expressed by VAppoint or any User in relation to the Subscription Services. VAppoint does not verify any of the content or information provided by Users on its Subscription Services.
7.4 VAppoint assumes no responsibility, and shall not be liable for ways in which End-User data is used by Practitioners and other authorized users of Software at a Practice. It is solely the Practice’s responsibility to make sure that any End-User data that is stored in software, exported from software by printing, exporting to PDF, CSV, or any other computer file format, or stored offline on mobile devices by users who access software through mobile applications developed by VAppoint, is used in accordance with local privacy laws that apply to the Practice’s business dealings with End-Users.
7.5 You agree that your patient’s records can be stored on our cloud space for retrieval at a later date. The data retrieval is only possible in case you have a continuous subscription with VAppoint without any interruptions in between. VAppoint is in no way responsible for any loss of data which may occur due to problems beyond the control of VAppoint, such as failures or delays on the part of internet service providers, acts of God, government actions, floods, fires, earthquakes, civil unrest, terrorist attacks, strikes or other labour issues. The local network, firewall, internet service provider, the public internet, the cloud database system and telephony services are just a few variables which can affect the services.
7.6 VAppoint is just an aggregator for Practice Management for Health care providers and is in no way responsible for any medico-legal complications between the Practice and the patient or any other third party.
7.7 The Subscription Services of VAppoint may be linked to the services of third parties, affiliates and business partners. VAppoint has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such Subscription Services or made available by/through our Subscription Services. Inclusion of any link on the Subscription Services does not imply that VAppoint endorses the linked site. User may use the links and these Subscription Services at User’s own risk.
7.8 VAppoint 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 Subscription Services or the downloading of any material, data, text, images, video content, or audio content from the Service. If a User is dissatisfied with the Service, User’s sole remedy is to discontinue using the Subscription Services of VAppoint.
7.9 The Subscription Services may enable User to communicate with other Users or to post information to be accessed by others, whereupon other Users may collect such data.Such Users, including moderators and administrators, are not authorized representatives or agents of VAppoint, and their words and opinions do not necessarily represent those of VAppoint. They are also not permitted to obligate VAppoint to any agreements. In the following, VAppoint expressly disclaims all responsibility for any reliance on or abuse of the information made available by Users or visitors in this way.
7.10 In no event, including but not limited to negligence, shall VAppoint, 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 Subscription Services or the content, materials and functions related thereto, User’s provision of information via the Subscription Services of the VAppoint, lost business or lost sales, even if such protected entity has been advised of the possibility of such damages.The provision of all or any Subscription Services by Practitioners to End-Users contacted or managed through the Service, or the omission to do so, shall in no instance subject the protected entities to liability. Any content uploaded, sent, exchanged, or received by or on behalf of any User or other person on or through the Subscription Services shall in no event make the protected entities liable for such content or in connection therewith. The protected entities’ total cumulative liability to a User for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) resulting from the terms and conditions or a User’s use of the subscription services shall in no event exceed Rs.1000.
7.11 The covered entities are not responsible for the Users’ failure to perform the agreed-upon Subscription Services, to be present at the scheduled time, to cancel or reschedule appointments. Any criticism or remarks made by any of the Users in regard to the subscription services offered by a User shall in no event make the protected companies accountable.
7.12 The listing order of Practitioners and/or Practices on the Subscription Services is based on numerous factors including End-Users’ comments and feedbacks. The listing order of Practitioners and/or Practices on the Service is not subject to any liability or responsibility on the part of the protected organizations or the VAppoint. Additionally, VAppoint shall not be liable for negative feedback, comments, or ratings on the subscription services that are the result of automated processes, and VAppoint disclaims any liability for lost revenue or harm to a user’s reputation as a result of information, data, or ratings that are made available on the service. The exclusive authority to display the listing order of the Practitioner and/or Practices belongs to VAppoint.
7.13 The VAppoint displays the reviews and feedback at its discretion. You consent to VAppoint contacting you by phone, email, SMS, or at your contact information for the specific purposes of getting your input on the Subscription Services offered by VAppoint; and/or getting your feedback on any Practitioners or HCPs listed on the Service.
7.14 The protected entities and the VAppoint shall not be liable for any act or omission of any other company or companies furnishing a portion of the Service, or from any act or omission of a third party, including those vendors participating in VAppoint Subscription Services made to you, or for any unauthorized interception of Customer’s communications or other breaches of privacy attributable in part to the acts or omissions of Customer or third parties, or for damages associated with the Service, or equipment that it does not furnish, or for damages that result from the operation of Customer provided systems, equipment, facilities or services that are interconnected with the Service.
8. Indemnity
The User agrees to defend, hold harmless, and indemnify VAppoint, its affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from any and all third-party vendors from any and all claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) resulting from the User’s access to or use of the Software, violation of this Agreement,or infringement by any other user of his/her/its account, of any intellectual property or other right of any person or entity. VAppoint will notify you promptly of any such claim, loss, liability, or demand, and in addition to your foregoing obligations, you agree to provide us with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
9. Spamming
VAppoint has a zero-tolerance attitude on spam. In addition to having easily accessible options for users to block or not receive content, VAppoint uses restrictions on user permission to receive Content from VAppoint’s Subscription Services. However, VAppoint’s policy on spam is clearly stated below:
Spamming is defined as the practice of (i) sending unsolicited messages, likely with commercial content, (ii) in large quantities (iii) to an indiscriminate set of recipients. The result of this practice is termed “Spam”.
The sender of any message deemed to be “spam” is liable for Rs.5,000/- for each End-User that receives each unauthorized message. All fees payable to VAppoint by the sender of “Spam” must be paid within thirty (30) days of the transmission.
10. Term, Termination and Disputes
10.1 While the User utilizes any of the Subscription Services in any manner or setting, this Agreement will continue to be in full force and effect.
10.2 The User may cancel his/her/its membership with VAppoint at any time by sending a written request with 30 (thirty) days’ notice to support@vappoint.in. During this 30-day period, VAppoint will look into and confirm that the User has paid any outstanding subscription fees or other payments associated with any on-going subscription services. If the circumstances call for it and in VAppoint’s discretion, the User may be required to maintain his, her, or its subscription until the end of the current Subscription Services or subscription period.The User is responsible for paying all outstanding balances owed to VAppoint for any of its subscription services that the User has purchased. If your access to the Site and/or the Subscription Services is terminated, VAppoint won’t be held responsible to you or any third parties.
10.3 VAppoint reserves the right to terminate any account in case a user breaches any terms and conditions of this terms of use or privacy policy; VAppoint is unable to verify or authenticate any information provided to VAppoint by a User; or VAppoint believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for VAppoint or are contrary to the interests of the Service.
10.4 The User is not entitled to use the Subscription Services again under the same account, a different account, or re-register under a new account after the Subscription Services have been temporarily stopped, permanently suspended, or cancelled, unless expressly permitted by VAppoint.On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages, files and other content kept on the Subscription Services by such User. The User shall ensure that he/she/it maintains has continuous backup of any user provided content, data or information on the Service, in order to comply with his/her/its record keeping process and practices.Nothing in these Terms of Use shall limit VAppoint’s use of the data or its right to make publicly available information provided by a User through the Subscription Services or any other platform managed by VAppoint after the termination or expiration of a subscription or the cessation of the operation of these Terms with respect to a particular User.
10.5 Return of User’s Data: VAppoint will provide a copy of the User’s data to the User for download in comma separated value (.csv) format or in any other format that VAppoint deems appropriate upon receiving a request from the User made within 30 (thirty) days of the effective date of the termination of a Subscription Services subscription due to non-payment. If it’s not banned by law, VAppoint shall erase all user data from its systems, possessions, and control after the aforementioned 30 (thirty) day period during which it is not required to store or furnish any of the user’s data.When a user voluntarily cancels their subscription, it is solely their obligation to create a copy of their data before doing so. In these circumstances, the user’s data won’t be accessible once the subscription has been cancelled.
10.6 VAppoint reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of the User’s content from the Subscription Services and immediate termination of the User’s account with or without ability to access the Software, upon any breach by the User of this Agreement or if VAppoint is unable to verify or authenticate any information the User submits to VAppoint, or if the User fails to provide (or after providing such consent, later revokes) the consents necessary or desirable for VAppoint to provide the Subscription Services to the User.
10.7 This Agreement and any contractual obligation between VAppoint and User will be governed by the laws of India, subject to the exclusive jurisdiction of Courts in Kolkata, India.
10.8 Certain duties listed under Covenants, Liability, Indemnity, Intellectual Property, and Dispute Resolution will persist even after termination and survive termination.
10.9 Any amendment in these Terms shall replace all previous versions of the same.
11. Theft of Subscription services
If your content is stolen or if you suspect that your account with any Subscription Service is being abused or fraudulently exploited at any time, you undertake to tell VAppoint right away, in writing or by mail, at support@vappoint.in.When you call or write, you must provide your account details and a detailed description of the circumstances of the theft or fraudulent use of the Subscription Services. Failure to do so promptly or within a reasonably prompt time period after discovery of the improper use may result in the termination of your Subscription Services and additional charges to you.You will be liable for all use of the Subscription Services if your account is misused and also for any and all stolen Subscription Services or fraudulent use of the Service.Despite anything to the contrary in this clause, VAppoint shall not be responsible for extending the subscription duration or waiving any payments as a result of such theft or unauthorized usage. This includes modem hijacking, wireless hijacking, and other fraud resulting from a breakdown in your internal or corporate security systems, but is not limited to them.VAppoint will not issue refunds for fraudulent use resulting from your negligent or wilful acts or those of an authorized user of your Subscription Services.
12. Misuse of Subscription services
VAppoint may restrict, suspend or terminate the account of any User who abuses or misuses the Subscription Services. Misuse includes creating multiple or false profiles, infringing any intellectual property rights, violating any of the terms and conditions of these Terms of Use, or any other behaviour that VAppoint, in its sole discretion, deems contrary to its purpose. In addition, and without limiting the foregoing, VAppoint has adopted a policy of terminating accounts of users who, in VAppoint’s sole discretion, are deemed to be repeat infringers of any Terms of Use even after being warned by VAppoint.
13. Communications and Payment gateway
When you visit www.vappoint.in, you are communicating with us electronically. You will be required to provide a valid phone number for the patient while generating a payment link. We may communicate with you and the patient by e-mail, SMS, phone call or by posting notices on the website or by any other mode of communication. For contractual purposes, you and your patient consent to receive communications (including transactional, promotional and/or commercial messages), from us with respect to your use of the website.
14. Acceptance of payment from the patient on your behalf
14.1 In case your patient needs to make an online payment for the services offered by you, we generate a payment link which is sent via a SMS on the registered mobile number of the patient. The patient can make the payment from the link provided.
14.2 Your (Your Practice) contract is with us and you confirm that the services undertaken by you are in no way related to VAppoint. VAppoint is in no way concerned about the medico-legal aspect of the treatment offered by your Practice to the patient and is free of any liability whatsoever by you, your patient or any other third party. VAppoint is just an aggregator to collect the payment from the patient on your behalf and credit it to your account within seven working days after deduction of a service charge.
15. Return of payments made to the Practice
Under no circumstance will VAppoint be responsible to refund the cost of treatment collected on its portal to the patient treated by the Practice. In case of any medico-legal issues, all refunds have to be provided by the Practice where the payments were made for the services received by the patient. VAppoint is free of all such liabilities and is in no way responsible for the services rendered by the Practice.
16. Taxes
You shall be responsible for payment of all fees/costs/charges associated with the purchase of products from us and you agree to bear any and all applicable taxes including but not limited to VAT/CST, service tax, GST, duties and cesses etc.
17. Losses
We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the website.
18. Disclaimer
You acknowledge and undertake that you are accessing the services on the website and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through the website.
19. Severability and Waiver
If any provision of this terms of use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
20. Events beyond our reasonable control
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.
21. VAppoint Software Terms
In addition to these Conditions of Use, the terms found here apply to any software (including any updates or upgrades to the software and any related documentation) that we make available to you from time to time for your use in connection with VAppoint Services.
22. Contact Information
22.1 Contact our customer care at support@vappoint.in if any User has a query, problem, or complaint about any of our subscription services or at the following addresss: A. V. Technologies, Flat No. 3B/ Block III, Sreeram Nagar, Teghoria, VIP Road, Kolkata – 700 052.
22.2 If a User has any questions concerning VAppoint, the Service, this Agreement, or anything related to any of the foregoing, VAppoint can be reached at the following email address ¬support@vappoint.in or via the contact information available from the following hyperlink: www.vappoint.in/contact