Terms and conditions
· 1.NATURE AND APPLICABILITY OF TERM
The Agreement applies to you whether you are -
i. A medical practitioner or health care provider (whether an individual professional or an organization) or similar institution wishing to be listed, or already listed, on the Application, including designated, authorized associates of such practitioners or institutions (“Practitioner(s)”, “you” or “User”); or
ii. A patient, his/her representatives or affiliates, searching for Practitioners through the Application (“End-User”, “you” or “User”); or
iii. Otherwise a user of the Application (“you” or “User”).
This Agreement applies to those services made available by Thougal on the Application, which are offered free of charge to the Users (“Services”), including the following:
iv. For Practitioners: Listing of Practitioners and their profiles and contact details, to be made available to the other Users and visitors to the Application;
v. For other Users: Facility to (i) create and maintain ‘Health Accounts’, (ii) search for Practitioners by name, specialty, and geographical area, or any other criteria that may be developed and made available by Thougal, and (iii) to make appointments with Practitioners.
The Services may change from time to time, at the sole discretion of Thougal, and the Agreement will apply to your visit to and your use of the Application to avail the Service, as well as to all information provided by you on the Application at any given point in time.
This Agreement defines the terms and conditions under which you are allowed to use the Application and describes the manner in which we shall treat your account while you are registered as a member with us. If you have any questions about any part of the Agreement, feel free to contact us at firstname.lastname@example.org application.
We reserve the right to modify or terminate any portion of the Agreement for any reason and at any time, and such modifications shall be informed to you in writing You should read the Agreement at regular intervals. Your use of the Application following any such modification constitutes your agreement to follow and be bound by the Agreement so modified.
You acknowledge that you will be bound by this Agreement for availing any of the Services offered by us. If you do not agree with any part of the Agreement, please do not use the Application or avail any Services.
Your access to use of the Application and the Services will be solely at the discretion of Thougal.
The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but not limited to:
vi. the Indian Contract Act, 1872,
vii. the (Indian) Information Technology Act, 2000, and
viii. the rules, regulations, guidelines and clarifications framed there under, 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”).
· 2.CONDITIONS OF USE
You must be 18 years of age or older to register, use the Services, or visit or use the Application in any manner. By registering, visiting and using the Application or accepting this Agreement, you represent and warrant to Thougal that you are 18 years of age or older, and that you have the right, authority and capacity to use the Application and the Services available through the Application, and agree to and abide by this Agreement.
The terms in this Clause 3 are applicable only to Users other than Practitioners.
o 3.1END-USER ACCOUNT AND DATA PRIVACY
§ 3.1.2 Thougal application may by its Services, collect information relating to the devices through which you access the Application, and anonymous data of your usage. The collected information will be used only for improving the quality of Thougal’s services and to build new services.
§ 3.1.3 The Application allows Thougal to have access to registered Users’ personal email or phone number, for communication purpose so as to provide you a better way of booking appointments and for obtaining feedback in relation to the Practitioners and their practice.
i. The type of information collected from Users, including sensitive personal data or information;
ii. The purpose, means and modes of usage of such information;
iii. How and to whom Thougal will disclose such information; and,
iv. Other information mandated by the SPI Rules.
i. the fact that certain information is being collected;
ii. the purpose for which the information is being collected;
iii. the intended recipients of the information;
iv. the nature of collection and retention of the information; and
v. the name and address of the agency that is collecting the information and the agency that will retain the information; and
vi. the various rights available to such Users in respect of such information.
§ 3.1.6 Thougal shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the User to Thougal or to any other person acting on behalf of Thougal.
§ 3.1.7 The User is responsible for maintaining the confidentiality of the User’s account access information and password, if the User is registered on the Application. The User shall be responsible for all usage of the User’s account and password, whether or not authorized by the User. The User shall immediately notify Thougal of any actual or suspected unauthorized use of the User’s account or password. Although Thougal will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Thougal or such other parties as the case may be, due to any unauthorized use of your account.
§ 3.1.8If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Thougal has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Thougal has the right to discontinue the Services to the User at its sole discretion.
§ 3.1.9Thougal may use such information collected from the Users from time to time for the purposes of debugging customer support related issues.
o 3.3LISTING CONTENT AND DISSEMINATING INFORMATION
§ 3.3.1Thougal collects, directly or indirectly, and displays on the Application, relevant information regarding the profile and practice of the Practitioners listed on the Application, such as their specialization, qualification, fees, location, visiting hours, and similar details. Thougal takes reasonable efforts to ensure that such information is updated at frequent intervals. Although Thougal screens and vets the information and photos submitted by the Practitioners, it cannot be held liable for any inaccuracies or incompleteness represented from it, despite such reasonable efforts.
§ 3.3.2The Services provided by Thougal or any of its licensors or service providers are provided on an "as is" and “as available’ basis, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). Thougal does not provide or make any representation, warranty or guarantee, express or implied about the Application or the Services. Thougal does not guarantee the accuracy or completeness of any content or information provided by Users on the Application. To the fullest extent permitted by law, Thougal disclaims all liability arising out of the User’s use or reliance upon the Application, the Services, representations and warranties made by other Users, the content or information provided by the Users on the Application, or any opinion or suggestion given or expressed by Thougal or any User in relation to any User or services provided by such User.
§ 3.3.3The Application may be linked to the application of third parties, affiliates and business partners. Thougal has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such applications or made available by/through our Application. Inclusion of any link on the Application does not imply that Thougal endorses the linked site. User may use the links and these services at User’s own risk.
§ 3.3.4Thougal 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 Application or the downloading of any material, data, text, images, video content, or audio content from the Application. If a User is dissatisfied with the Application, User’s sole remedy is to discontinue using the Application.
§ 3.3.5If Thougal determines that you have provided fraudulent, inaccurate, or incomplete information, including through feedback, Thougal reserves the right to immediately suspend your access to the Application or any of your accounts with Thougal and makes such declaration on the application alongside your name/your clinic’s name as determined by Thougal for the protection of its business and in the interests of Users. You shall be liable to indemnify Thougal for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected Thougal or its Users.
o 3.4BOOK APPOINTMENT AND CALL FACILITY
Thougal enables Users to connect with Practitioners through two methods: a) Book facility that allows Users book an appointment through the Application; b) Value added telephonic services which connect Users directly to the Practitioner’s number provided on the Application.
§ 3.4.1Thougal will ensure Users are provided confirmed appointment on the Book facility. However, Thougal has no liability if such an appointment is later cancelled by the Practitioner, or the same Practitioner is not available for appointment
§ 3.4.3The results of any search Users perform on the Application for Practitioners should not be construed as an endorsement by Thougal of any such particular Practitioner. If the User decides to engage with a Practitioner to seek medical services, the User shall be doing so at his/her own risk.
§ 3.4.4 Without prejudice to the generality of the above, Thougal is not involved in providing any healthcare or medical advice or diagnosis and hence is not responsible for any interactions between User and the Practitioner. User understands and agrees that Thougal will not be liable for:
i. User interactions and associated issues User has with the Practitioner;
ii. the ability or intent of the Practitioner(s) or the lack of it, in fulfilling their obligations towards Users;
iii. any wrong medication or quality of treatment being given by the Practitioner(s), or any medical negligence on part of the Practitioner(s);
iv. inappropriate treatment, or similar difficulties or any type of inconvenience suffered by the User due to a failure on the part of the Practitioner to provide agreed Services;
v. any misconduct or inappropriate behaviour by the Practitioner or the Practitioner’s staff;
vi. cancellation or no show by the Practitioner or rescheduling of booked appointment or any variation in the fees charged, provided these have been addressed to under the customer care
§ 3.4.5Users are allowed to provide feedback about their experiences with the Practitioner, however, the User shall ensure that, the same is provided in accordance with applicable law. User however understands that, Thougal shall not be obliged to act in such manner as may be required to give effect to the content of Users feedback, such as suggestions for delisting of a particular Practitioner from the Application.
§ 3.4.6Cancellation and Refund Policy
i. In the event that, the Practitioner with whom User has booked a paid appointment via the Application, has not been able to meet the User, User will need to write to us at email@example.com application within five (5) days from the occurrence of such event; in which case, the entire consultation amount as mentioned on the Application will be refunded to the User within the next five (5) to six (6) business days in the original mode of payment done by the User while booking. In case where the User, does not show up for the appointment booked with a Practitioner, without cancelling the appointment beforehand, the amount will not be refunded, and treated. However, where cancellation charges have been levied (as charged by the Practitioner/Practice), you would not be entitled to complete refund even if you have cancelled beforehand.
ii. Users will not be entitled for any refunds in cases where, the Practitioner is unable to meet the User within 1hour of the booked time of the scheduled appointment time and the User is required to wait, irrespective of the fact whether the User is required to wait or choose to not obtain the medical services from the said Practitioner.
o 3.5NO DOCTOR-PATIENT RELATIONSHIP; NOT FOR EMERGENCY USE
§ 3.5.1Please note that some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, “Information”) that may be available on the Application (including information provided in direct response to your questions or postings) may be provided by individuals in the medical profession. The provision of such Information does not create a licensed medical professional/patient relationship, between Thougal and you and does not constitute an opinion, medical advice, or diagnosis or treatment of any particular condition, but is only provided to assist you with locating appropriate medical care from a qualified practitioner.
§ 3.5.2It is hereby expressly clarified that, the Information that you obtain or receive from Thougal, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Application is for informational purposes only. We make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, quality of work, expertise or other information provided on the Application. In no event shall we be liable to you or anyone else for any decision made or action taken by you in reliance on such information.
§ 3.5.3The Services are not intended to be a substitute for getting in touch with emergency healthcare. If you are an End-User facing a medical emergency (either on your or a another person’s behalf), please contact an ambulance service or hospital directly.
CONSULT (Domestic - India)
Consult is a Service provided by THOUGAL that allows Users & Practitioners to communicate, on paid mode. Further, Users may access this feature on Application/ platform to get assigned, for the purposes of consultation, to a Practitioner whereby such Practitioners are inter alia assigned through the system’s algorithm/software-program that finds the most available and accepting Practitioner. The scope of this feature as detailed herein is collectively referred to as "Consult".
Terms for Users:
The Users expressly understand, acknowledge and agree to the following set forth herein below:
o Users can choose the Practitioner in certain events (like through Q&A offering). In cases where Users cannot choose a Practitioner (due to system setup), the system uses an algorithm/software-program to find the most available and accepting Practitioner.
o In case any prescription is being provided to User by the Practitioner, the same is being provided basis the online consultation, however it may vary when examined in person, hence, in no event shall the prescription provided by Practitioners be relied upon as a final and conclusive solution.
o The Users agree to use the advice from Practitioner on the Application pursuant to:
§ an ongoing treatment with their medical practitioner;
§ a condition which does not require emergency treatment, physical examination or medical attention;
§ medical history available as records with them for reference;
§ a record of physical examination and report thereof with them, generated through their local medical practitioner;
§ consultation with their medical practitioner before abandoning or modifying their ongoing treatment.
o The User agrees that by using Consult, the Practitioners on Consult will not be conducting physical examination of the Users, hence, they may not have or be able to derive important information that is usually obtained through a physical examination. User acknowledges and agrees that the User is aware of this limitation and agrees to assume the complete risk of this limitation.
o The User understands that Consult shall not form a substitute for treatment that otherwise needs physical examination/immediate consultation. Further, the User understands that the advice provided by the Practitioner is based on general medical conditions and practices prevalent in India, to the best of his knowledge and ability, and not for conditions which are territory specific for regions other than India, irrespective of where the User is procuring medical services or engaging in communication with the Practitioner.
o During the consultation and thereafter, the Practitioner may upload the prescription/health records of the User on the account of the User on the Application for access of the User. However, it is expressly clarified that for Users not located within India and using Consult, the Practitioner may or may not issue a prescription, at his sole discretion.
o Notwithstanding anything contained herein, THOUGAL is not in any manner responsible for any drug/medicines prescribed or the therapy prescribed by the Practitioner.
o If Practitioner responds to the User’s query, the system could trigger communications to the User, in the form of notification/text/email/others. The User further understands that THOUGAL may send such communications like text messages/email/calls before and/or after Practitioner’s consultation (physical or online) to User’s mobile number, based on the Practitioner’s settings (through the Application). However, and notwithstanding anything to the contrary in this Agreement, THOUGAL does not take responsibility for timeliness of such communications.
o Consult is merely a consulting model, any interactions and associated issues with the Practitioner on Consult including but not limited to the User’s health issues and/or the User’s experiences is strictly between the User and the Practitioner.
o Any conversations that the Users have had with the Practitioner will be subject to doctor patient confidentiality and treated as such as per the applicable laws, THOUGAL policies, including the THOUGAL guidelines and subject to confidentiality.
o The User hereby agrees to and grants consent to the THOUGAL’s medical team with the right to audit his/her consultations on the Consult platform for the purpose of improving treatment quality and other related processes.
o User shall refrain from raising any personal queries or advice on the Consult platform which are not related to a specific disease / medicine.
o Users shall not use abusive language on the Consult platform. In the event of an abuse from the User is reported by a Practitioner, THOUGAL reserves the right to block such Users from the Consult platform and THOUGAL is not responsible for honouring any refund request towards his/her consultation on the Consult platform.
o Users may share images or videos of the affected areas of their body parts with the Practitioner only if it is absolutely necessary for diagnosing his/her condition and if he/she is personally comfortable in sharing such images or videos. THOUGAL shall not be responsible for any such images or videos shared by the Users with the Practitioners.
o Users shall ensure that any interaction/communication with the Practitioners, including sharing images or videos of the body parts, shall be only through the Consult platform. The Users shall not rely on any other external modes of communication for interacting/communicating with the Practitioners.
o Users shall be prepared to share all relevant documents or reports to the Practitioner promptly upon request.
o For every paid consultation on the Consult platform, the Users shall not obtain consultation for more than one User. In the event, the Users attempt to obtain consultation for more than one User through a single paid consultation on the Consult platform, such consultations will not be addressed by the relevant Practitioner.
o Users shall not persuade Practitioners to prescribe drugs (including higher dose strength) that do not conform to the Consult prescription policy. The restricted drugs are as follows:
§ Medication for Medical Termination Pregnancy (MTP)
§ Drugs under the following pharmaceutical classifications such as; sedatives, hypnotics, opioids, schedule X drugs, or fourth generation antibiotics.
o If restricted drugs are indicated for treatment or management of a disease or condition by a Practitioner, the User shall physically visit the Practitioner of their choice to confirm the requirements/necessity for prescribing such restricted drugs.
o User understands and agrees to provide accurate information and will not use the Consult platform for any acts that are considered to be illegal in nature.
o If User decides to engage with a Practitioner to procure medical services or engages in communication, exchange of money for services outside of Consult platform, User shall do so at their own risk. THOUGAL shall not be responsible for any breach of Service or Service deficiency by any Practitioner.
o The User agrees and understands that the transaction with the Practitioner are subject to jurisdiction of Indian laws and that any claim, dispute or difference arising from it shall be subject to the jurisdiction provision as contained in the Terms and Conditions hereunder, at all times. The User further agrees and understands that the Practitioner is a medical practitioner who is licensed to practice medicine in India and the onus is on the User to determine if he/she is eligible to consult with the Practitioners via the Application. It is expressly clarified that at no point in time can it be construed that the Practitioner is practicing medicine in a territory other than India, irrespective of where the User is located and procures medical services or engages in communication with the Practitioner, in any manner whatsoever.
o The User shall indemnify and hold harmless THOUGAL and its affiliates, subsidiaries, directors, officers, employees and agents from and against any and all claims, proceedings, penalties, damages, loss, liability, actions, costs and expenses (including but not limited to court fees and attorney fees) arising due to or in relation to the use of Application by the User, by breach of the Terms or violation of any law, rules or regulations by the User, or due to such other actions, omissions or commissions of the User that gave rise to the claim.
3.9REVIEWS AND FEEDBACK
You are solely responsible for the content that you choose to submit for publication on the Application, including any feedback, ratings, or reviews (“Critical Content”) relating to Practitioners or other healthcare professionals. The role of Thougal in publishing Critical Content is restricted to that of an ‘intermediary’ under the Information Technology Act, 2000. Thougal disclaims all responsibility with respect to the content of Critical Content, and its role with respect to such content is restricted to its obligations as an ‘intermediary’ under the said Act. Thougal shall not be liable to pay any consideration to any User for re-publishing any content across any of its platforms.
Your publication of reviews and feedback on the Application is governed by Clause 5 of these Terms. Without prejudice to the detailed terms stated in Clause 5, you hereby agree not to post or publish any content on the Application that (a) infringes any third-party intellectual property or publicity or privacy rights, or (b) violates any applicable law or regulation, including but not limited to the IG Rules and SPI Rules. Thougal, at its sole discretion, may choose not to publish your reviews and feedback, if so required by applicable law, and in accordance with Clause 5 of these Terms. You agree that Thougal may contact you through telephone, email, SMS, or any other electronic means of communication for the purpose of:
. Obtaining feedback in relation to Application or Thougal’s services; and/or
i. Obtaining feedback in relation to any Practitioners listed on the Application; and/or
ii. Resolving any complaints, information, or queries by Practitioners regarding your Critical Content;
and you agree to provide your fullest co-operation further to such communication by Thougal. Thougal’s Feedback Collection and Fraud Detection Policy, is annexed as the Schedule hereto, and remains subject always to these Terms.
Thougal may provide End-Users with a free facility known as ‘Records’ on its mobile application ‘Thougal’. Information available in your Records is of two types:
. User-created: Information uploaded by you or information generated during your interaction with Thougal ecosystem, eg: appointment, medicine order placed by you.
i. Practice-created: Health Records generated by your interaction with a Practitioner who uses ‘Thougal Ray’ or other Services of Thougal software.
o 3.10.1Your Records is only created after you have signed up and explicitly accepted these Terms.
o 3.10.2Any Practice created Health Record is provided on an as-is basis at the sole intent, risk and responsibility of the Practitioner and Thougal does not validate the said information and makes no representation in connection therewith. You should contact the relevant Practitioner in case you wish to point out any discrepancies or add, delete, or modify the Health Record in any manner.
o 3.10.3The Health Records are provided on an as-is basis. While we strive to maintain the highest levels of service availability, Thougal is not liable for any interruption that may be caused to your access of the Services.
o 3.10.4The reminder provided by the Records is only a supplementary way of reminding you to perform your activities as prescribed by your Practitioner. In the event of any medicine reminders provided by Thougal, you should refer to your prescription before taking any medicines. Thougal is not liable if for any reason reminders are not delivered to you or are delivered late or delivered incorrectly, despite its best efforts. In case you do not wish to receive the reminders, you can switch it off through the Thougal app.
o 3.10.5It is your responsibility to keep your correct mobile number and email ID updated in the Records. The Health Records will be sent to the Records associated with this mobile number and/or email ID. Every time you change any contact information (mobile or email), we will send a confirmation. Thougal is not responsible for any loss or inconvenience caused due to your failure in updating the contact details with Thougal.
o 3.10.6Thougal uses industry–level security and encryption to your Health Records. However, Thougal does not guarantee to prevent unauthorized access if you lose your login credentials or they are otherwise compromised. In the event you are aware of any unauthorized use or access, you shall immediately inform Thougal of such unauthorized use or access. Please safeguard your login credentials and report any actual suspected breach of account to firstname.lastname@example.org application.
o 3.10.7If you access your dependents’ Health Records by registering your dependents with your own Records, you are deemed to be responsible for the Health Records of your dependents and all obligations that your dependents would have had, had they maintained their own separate individual Records. You agree that it shall be your sole responsibility to obtain prior consent of your dependent and shall have right to share, upload and publish any sensitive personal information of your dependent. Thougal assumes no responsibility for any claim, dispute or liability arising in this regard, and you shall indemnify Thougal and its officers against any such claim or liability arising out of unauthorized use of such information.
o 3.10.8In case you want to delete your Records, you can do so by contacting our service support team. However only your account and any associated Health Records will be deleted, and your Health Records stored by your Practitioners will continue to be stored in their respective accounts.
o 3.10.9You may lose your “User created” record, if the data is not synced with the server.
o 3.10.10If the Health Record is unassessed for a stipulated time, you may not be able to access your Health Records due to security reasons.
o 3.10.11Thougal is not liable if for any reason, Health Records are not delivered to you or are delivered late despite its best efforts.
o 3.10.12The Health Records are shared with the phone numbers that are provided by your Practitioner. Thougal is not responsible for adding the Heath Records with incorrect numbers if those incorrect numbers are provided by the Practitioner.
o 3.10.13Thougal is not responsible or liable for any content, fact, Health Records, medical deduction or the language used in your Health Records whatsoever. Your Practitioner is solely responsible and liable for your Health Records and any information provided to us including but not limited to the content in them.
o 3.10.14Thougal has the ability in its sole discretion to retract Health Records without any prior notice if they are found to be shared incorrectly or inadvertently.
o 3.10.15Thougal will follow the law of land in case of any constitutional court or jurisdiction mandates to share the Health Records for any reason.
o 3.10.16You agree and acknowledge that Thougal may need to access the Health Record for cases such as any technical or operational issue1 of the End User in access or ownership of the Records.
o 3.10.17You acknowledge that the Practitioners you are visiting may engage Thougal's software or third party software for the purposes of the functioning of the Practitioner’s business and Thougal's services including but not limited to the usage and for storage of Records (as defined in Section 3.10) in India and outside India, in accordance with the applicable laws.
The terms in this Clause 4 are applicable only to Practitioners.
o 4.1 LISTING POLICY
§ 4.1.1Thougal, directly and indirectly, collects information regarding the Practitioners’ profiles, contact details, and practice. Thougal reserves the right to take down any Practitioner’s profile as well as the right to display the profile of the Practitioners, with or without notice to the concerned Practitioner. This information is collected for the purpose of facilitating interaction with the End-Users and other Users. If any information displayed on the Application in connection with you and your profile is found to be incorrect, you are required to inform Thougal immediately to enable Thougal to make the necessary amendments.
§ 4.1.2Thougal shall not be liable and responsible for the ranking of the Practitioners on external applications and search engines
§ 4.1.4Practitioners explicitly agree that Thougal reserves the right to publish the Content provided by Practitioners to a third party including content platforms.
§ 4.1.6You as a Practitioner hereby represent and warrant that you will use the Services in accordance with applicable law. Any contravention of applicable law as a result of your use of these Services is your sole responsibility, and Thougal accepts no liability for the same.
o 4.2PROFILE OWNERSHIP AND EDITING RIGHTS
Thougal ensures easy access to the Practitioners by providing a tool to update your profile information. Thougal reserves the right of ownership of all the Practitioner’s profile and photographs and to moderate the changes or updates requested by Practitioners. However, Thougal takes the independent decision whether to publish or reject the requests submitted for the respective changes or updates. You hereby represent and warrant that you are fully entitled under law to upload all content uploaded by you as part of your profile or otherwise while using Thougal’s services, and that no such content breaches any third party rights, including intellectual property rights. Upon becoming aware of a breach of the foregoing representation, Thougal may modify or delete parts of your profile information at its sole discretion with or without notice to you.
o 4.3REVIEWS AND FEEDBACK DISPLAY RIGHTS OF THOUGAL
§ 4.3.1Thougal reserves the right to collect feedback and Critical Content for all the Practitioners, Clinics and Healthcare Providers listed on the Application.
§ 4.3.2Thougal shall have no obligation to pre-screen, review, flag, filter, modify, refuse or remove any or all Critical Content from any Service, except as required by applicable law.
§ 4.3.3You understand that by using the Services you may be exposed to Critical Content or other content that you may find offensive or objectionable. Thougal shall not be liable for any effect on Practitioner’s business due to Critical Content of a negative nature. In these respects, you may use the Service at your own risk. Thougal however, as an ‘intermediary, takes steps as required to comply with applicable law as regards the publication of Critical Content. The legal rights and obligations with respect to Critical Content and any other information sought to be published by Users are further detailed in Clauses 3.9 and 5 of these Terms.
§ 4.3.4Thougal will take down information under standards consistent with applicable law, and shall in no circumstances be liable or responsible for Critical Content, which has been created by the Users. The principles set out in relation to third party content in the terms of Service for the Application shall be applicable mutatis mutandis in relation to Critical Content posted on the Application.
§ 4.3.5If Thougal determines that you have provided inaccurate information or enabled fraudulent feedback, Thougal reserves the right to immediately suspend any of your accounts with Thougal and makes such declaration on the application alongside your name/your clinics name as determined by Thougal for the protection of its business and in the interests of Users.
o 4.4RELEVANCE ALGORITHM
Thougal has designed the relevance algorithm in the best interest of the End-User and may adjust the relevance algorithm from time to time to improve the quality of the results given to the patients. It is a pure merit driven, proprietary algorithm which cannot be altered for specific Practitioners. Thougal shall not be liable for any effect on the Practitioner’s business interests due to the change in the Relevance Algorithm.
o 4.5INDEPENDENT SERVICES
Your use of each Service confers upon you only the rights and obligations relating to such Service, and not to any other service that may be provided by Thougal.
o 4.6 BOOK APPOINTMENT AND CALL FACILITY
§ 4.6.1As a valuable partner on our platform we want to ensure that the Practitioners experience on the Thougal booking platform is beneficial to both, Practitioners and their Users.
For all terms and conditions of Book facility on Thougal profile check Book Standards .
§ 4.6.2Practitioner understands that, Thougal shall not be liable, under any event, for any comments or feedback given by any of the Users in relation to the Services provided by Practitioner. The option of publishing or modifying or moderating or masking (where required by law or norm etc.) the feedback provided by Users shall be solely at the discretion of Thougal.
o 4.7 PRACTITIONER UNDERTAKING
The Practitioner is and shall be duly registered, licensed and qualified to practice medicine/ provide health care, wellness services, as per applicable laws/regulations/guidelines set out by competent authorities and the Practitioner shall not be part of any arrangement which will prohibit him/her from practicing medicine within the territory of India. The Practitioner shall at all times ensure that all the applicable laws that govern the Practitioner shall be followed and utmost care shall be taken in terms of the consultation/ services being rendered.
5.RIGHTS AND OBLIGATIONS RELATING TO CONTENT
o 5.1As mandated by Regulation 3(2) of the IG Rules, Thougal hereby informs Users that they are 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;
i. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, 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;
ii. harm minors in any way;
iii. infringes any patent, trademark, copyright or other proprietary rights;
iv. violates any law for the time being in force;
v. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
vi. impersonate another person;
vii. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
viii. 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 cognizable offence or prevents investigation of any offence or is insulting any other nation.
o 5.2Users are also prohibited from:
. violating or attempting to violate the integrity or security of the Application or any Thougal Content;
i. transmitting any information (including job posts, messages and hyperlinks) on or through the Application that is disruptive or competitive to the provision of Services by Thougal;
ii. intentionally submitting on the Application any incomplete, false or inaccurate information;
iii. making any unsolicited communications to other Users;
iv. using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Application;
v. attempting to decipher, decompile, disassemble or reverse engineer any part of the Application;
vi. copying or duplicating in any manner any of the Thougal Content or other information available from the Application;
vii. framing or hot linking or deep linking any Thougal Content.
viii. circumventing or disabling any digital rights management, usage rules, or other security features of the Software.
o 5.3Thougal, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information as mentioned above, shall be entitled to disable such information that is in contravention of Clauses 5.1 and 5.2. Thougal shall also be entitled to preserve such information and associated records for at least 90 (ninety) days for production to governmental authorities for investigation purposes.
o 5.5Thougal may disclose or transfer User-generated information to its affiliates or governmental authorities in such manner as permitted or required by applicable law, and you hereby consent to such transfer. The SPI Rules only permit Thougal to transfer sensitive personal data or information including any information, to any other body corporate or a person in India, or located in any other country, that ensures the same level of data protection that is adhered to by Thougal as provided for under the SPI Rules, only if such transfer is necessary for the performance of the lawful contract between Thougal or any person on its behalf and the User or where the User has consented to data transfer.
o Thougal respects the intellectual property rights of others and we do not hold any responsibility for any violations of any intellectual property rights
o 6.1Thougal reserves the right to suspend or terminate a User’s access to the Application and the Services with or without notice and to exercise any other remedy available under law, in cases where,
. Such User breaches any terms and conditions of the Agreement;
i. A third party reports violation of any of its right as a result of your use of the Services;
ii. Thougal is unable to verify or authenticate any information provide to Thougal by a User;
iii. Thougal has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User; or
iv. Thougal believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for Thougal or are contrary to the interests of the Application.
o 6.2Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Application under the same account, a different account or re-register under a new account. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages, files and other material kept on the Application by such User. The User shall ensure that he/she/it has continuous backup of any medical services the User has rendered in order to comply with the User’s record keeping process and practices.
7.LIMITATION OF LIABILITY
In no event, including but not limited to negligence, shall Thougal, 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 Application or the content, materials and functions related thereto, the Services, User’s provision of information via the Application, lost business or lost End-Users, even if such Protected Entity has been advised of the possibility of such damages. In no event shall the Protected Entities be liable for:
. provision of or failure to provide all or any service by Practitioners to End- Users contacted or managed through the Application;
i. any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Application;
ii. any unauthorized access to or alteration of your transmissions or data; or
iii. any other matter relating to the Application or the Service.
In no event shall the total aggregate liability of the Protected Entities to a User for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from this Agreement or a User’s use of the Application or the Services exceed, in the aggregate Rs. 1000/- (Rupees One Thousand Only).
8.RETENTION AND REMOVAL
Thougal may retain such information collected from Users from its Application or Services for as long as necessary, depending on the type of information; purpose, means and modes of usage of such information; and according to the SPI Rules. Computer web server logs may be preserved as long as administratively necessary.
9.APPLICABLE LAW AND DISPUTE SETTLEMENT
o 9.1You agree that this Agreement and any contractual obligation between Thougal and User will be governed by the laws of India.
o 9.2Any dispute, claim or controversy arising out of or relating to this Agreement, including the determination of the scope or applicability of this Agreement to arbitrate, or your use of the Application or the Services or information to which it gives access, shall be determined by arbitration in India, before a sole arbitrator appointed by Thougal. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be Imphal. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the parties to the dispute.
o 9.3Subject to the above Clause 9.2, the courts at Imphal shall have exclusive jurisdiction over any disputes arising out of or in relation to this Agreement, your use of the Application or the Services or the information to which it gives access.
10.CONTACT INFORMATION GRIEVANCE OFFICER
o 10.1If a User has any questions concerning Thougal, the Application, this Agreement, the Services, or anything related to any of the foregoing, Thougal customer support can be reached at the following email address: email@example.com or via application
o 10.2In accordance with the Information Technology Act, 2000, and the rules made there under, if you have any grievance with respect to the Application or the service, including any discrepancies and grievances with respect to processing of information, you can contact our Grievance Officer at:
If any provision of the Agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from this Agreement and the remainder of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event, the Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.