e-Clinic Terms of Service: Rights & Responsibilities

This document is an electronic record in compliance with the Information Technology Act, 2000 and the Rules and Regulations framed there under, as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

Please read the following terms and conditions carefully before browsing, downloading, registering, accessing or using the Savikalpa Virtual Clinic (as defined below). By accessing, registering on or using the Savikalpa Virtual Clinic or by using the Services provided by Savikalpa, as defined below, you agree to be bound by the terms and conditions set forth below including any additional guidelines and future modifications thereto. If, at any point of time, you do not agree to these terms and conditions or do not wish to be bound by any of these terms and conditions, you may not access or use the Savikalpa Virtual Clinic and terminate this Agreement, in terms hereof.

Your Agreement to these Terms and Conditions for availing Service:

These Terms and Conditions (as may be amended from time to time, the "Agreement" or “Terms”) constitute a legal contract between you being, an User, of relevant legal age as per applicable law (“You” or "User"), and Savikalpa Sciences Private Limited, registered at A1/6 Panchsheel Enclave, 2nd Floor, New Delhi – 110017, India (Herein after referred to as "Savikalpa", "We" or "Us").

Savikalpa owns and operates Savikalpa Virtual Clinic (“Virtual Clinic”), which provides a platform that allows Users to connect with health care practitioners and health advisors (“Practitioners”) in real time, via live video conferencing, telephone and/or secure messaging for the diagnosis and treatment, as well as providing other types of administrative services and information (“Services”). We act as an intermediary/ service provider, providing You with this platform enabling You to book an appointment for consultation with Practitioners who specialize in cannabis medicine treatment. We do not warrant or take any responsibility or liability in respect of the consultation or treatment provided by the Practitioners or its agents to You, nor do we assert any rights or claims over the services offered by the Practitioners

Eligibility to Use

By accessing the Virtual Clinic, You represent that You are aged 18 years or above and capable of entering into a contract under the Indian Contract Act, 1872 and subject to acceptance by Savikalpa is permitted to create/ access User account to avail the available Services. Minors are prohibited from accessing or creating User Account; however Legal Guardian of the Minors can avail the available Services for Minors in accordance with applicable laws.

Your Registration and Account Obligations

Users can access the Services by (a) entering their certain information including but not limited name, mobile number, age, gender, and weight or (b) creating a Services account (as defined below) on the Virtual Clinic by entering details such as name, age, gender, and medical history.You shall be solely responsible for maintaining the confidentiality of Your assigned User ID and Password ("Services Account") and shall be responsible for all activities that occur under Your User ID and Password. You agree that if You provide any information that is inaccurate, false or incomplete or we have sufficient reasonable evidence or grounds to suspect that such information is inaccurate, false or incomplete or not in accordance with this Agreement, We shall have the right to indefinitely suspend or terminate or block access of Services on the Virtual Clinic and refuse to provide You with access to the Virtual Clinic without any liability from our end.You also agree that Your Services Account is linked to your mobile number and your email id both of which clearly identifies your Services Account.

You agree to:

Immediately notify Us of any unauthorized use of your mobile number or the Services Account or any other breach of security, and
Ensure that you exit from your Services account at the end of each session.

Savikalpa shall not be liable for any loss, damage or other liability arising from your failure to comply with clause 2 of this agreement or from any unauthorized access to or use of the Services Account.

Access to Virtual Clinic

For availing any Services on the Virtual Clinic, the User(s) need to provide certain information including but not limited to (a) Name, (b) Age, (c) Gender, (d) valid email-Id and (e) weight.
Subject to the terms of this Agreement We may accept the User request for booking an appointment with Practitioner. The approval of User(s) request shall be at the sole discretion of Savikalpa.
The User(s) are requested to carefully read the Agreement before browsing or accessing the contents, or creating a Services Account, on the Virtual Clinic and gain knowledge as to how the information shared by them may be stored, protected, processed, used, shared and disseminated by Savikalpa.
User(s) can rectify any discrepancies in their Services Account information by reporting the same to Savikalpa. Notwithstanding the foregoing, Savikalpa may reject the request of the User to edit, update or modify the Services Account if such request is violative of applicable laws or in breach of this Agreement.
User(s) are required to make requisite payment fees as are fixed and hosted on the Virtual Clinic for availing the Services as per the specified payment mechanism.
User(s) acknowledges and agrees that Services that Savikalpa is facilitating through the Virtual Clinic shall not constitute medical care, diagnosis and/or treatment and no Provider-Patient relationship will be established between Savikalpa and the User.

Possible Risks

The User understands that as with any medical procedure, there are risks associated with the use of Services as the Practitioners will not be conducting physical examination. You clearly understand and agree that You are aware of these limitations and risks which may include, without limitation, the following:

Delays in consultation and evaluation or treatment may occur due to deficiencies or failures of technical equipment which may include poor audio/video quality.
Failure of security protocols leading to a breach of privacy of personal information.
Lack of access to complete medical history of the user may result in adverse drug interactions or allergic reactions or other negative outcomes.

Cancellation of Appointments

We and our third-party service providers use IP addresses for purposes such as calculating Website usage levels, diagnosing server problems, and administering the Virtual Clinic website. Please note that we treat IP addresses, server log files and related information as Non-PII, except where we are required to do otherwise under Applicable Laws. Accordingly, in general we may use and disclose IP Addresses for all the purposes for which we use and disclose PII.

In the event,
a) any schedule appointment is subsequently cancelled by the Practitioner or
b) the Practitioner is not available for providing the Services on the schedule date and time of appointment.

Savikalpa shall be under no obligation to arrange for fresh appointment. However, subject to the availability of the concerned Practitioner, We may arrange for a fresh appointment for the User(s) and this shall be the sole remedy for the User(s) herein.In case the User(s) has paid for an appointment with concerned Practitioner and does not intend to avail the fresh appointment pursuant to events occurred under clause 1 (a) (b) above, the amount shall be refunded to the User(s) account, as per terms .
In the event,
a) the User(s) cancels the scheduled appointment with the Practitioner or,
b) the User(s) fails to make himself/herself available on the scheduled data and time of appointment.

Savikalpa shall be under no obligation to arrange for fresh appointment, or issue refund of the fees. Provided that, the User may eligible for a refund if You provide Us with a cancellation notice which is no later than four hours before the scheduled time.

In the event there are disruptions, blurring, call break down or any other connectivity issues, during the consultation resulting in non-completion of the service, Savikalpa although under no obligation, shall make reasonable efforts to arrange for a fresh consultation appointment for the User(s).

Disclaimer

Without prejudice to the generality of the above, Savikalpa 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 We will not be liable for:

User interactions and associated issues User has with the Practitioner(s);
the ability or intent of the Practitioner(s) or the lack of it, in fulfilling their obligations towards Users;
any wrong medication or quality of treatment being given by the Practitioner(s), or any medical negligence on part of the Practitioner(s);
inappropriate treatment, or similar difficulties or any type of inconvenience suffered by the User due to a failure on the part of the Practitioner to provide agreed services;
any misconduct or inappropriate behaviour by the Practitioner or the Practitioner’s staff;

User(s) acknowledge and agree that the concerned Practitioner from whom Services are booked/ordered/availed shall alone be liable and responsible for any act or omission or commission on part of the Practitioner, including but not limited to (i) the treatment, prescription, medication or (ii) for medical negligence arising out of such services provided by the Practitioner. User(s) acknowledge that Savikalpa shall not be liable in any way for any claims with respect to services provided by the Practitioner and confirm that it shall not make any claim on Savikalpa or any other person/party.

Order for Online Prescription

User(s) may place the order for the prescribed medicines directly to the manufacturer mentioned on the prescription from the Virtual Clinic.
User(s) are required to make payment to the manufacturer based on medicine(s) ordered. Payments can be made directly through any payment options offered.
User(s) will receive the ordered medicines at the address specified by them.
User(s) acknowledge that Services being rendered by manufacturer of any other third party service provider(s) are governed by respective manufacturer or third party service provider(s) terms and conditions. User(s) agree to read, understand and accept such terms and conditions available on respective manufacturer/third party service provider(s) website/mobile application(s) before booking/ordering/availing services from such manufacturer/third party service provider(s).

Acceptable Use and Restrictions

You agree to protect the Services, and their proprietary content, information and other materials, from any unauthorized access or use, and You agree that you will not use the Services or such proprietary content, information or other materials except as expressly permitted herein or expressly authorized by Us. You agree that:

You will not use the Services if you are not fully able and legally competent to agree to these Terms;
You will not engage in any behaviour which is in violation of any law in force;
You will not impersonate any other person or entity, falsely claim or otherwise misrepresent an affiliation with any person or entity, or access the accounts of others without permission, forge another persons' digital signature, misrepresent the source, identity, or content of information transmitted via the Services, perform any other similar fraudulent activity or otherwise purchase recharge with what We reasonably believe to be potentially fraudulent funds;
You will not infringe or try to infringe our or any third party's intellectual properties including but not limited to patent, trademark, copyright or other proprietary rights;
You will not host, display, upload, modify, publish, transmit, update or share any message / information which is libellous, defamatory or which discloses private or personal matters concerning any person;
You will not host, display, upload, modify, publish, transmit, update or share any message, data, image or program which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, paedophilic, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner;
You will not remove, circumvent, disable, damage, hack the database of the Virtual Clinic or otherwise interfere with security-related features of the Services or features that prohibit access to the Services in any manner or enforce limitations on the use of the Services;
You will not breach this Agreement and terms and conditions thereof or any other rule, regulation or policy, as introduced by us from time to time;
You shall not hold liable Savikalpa for any Services provided by the them including but not limited to anything that arises from the use of such Services or loss of belongings and assets or any security related issues.

Your Data

When you use the Services, you understand and agree We may collect, use and disclose information about you as described in our Privacy Policy located here.

10.

Indemnification

You agree to indemnify, save, and hold Us, our promoters, directors, affiliates, contractors, service providers, employees, officers, agents and its third party suppliers, licensors, and partners harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including without limitation to legal fees and expenses, arising out of or related to Your use or misuse of the Virtual Clinic, violation by You any of the terms and conditions of this Agreement, or any breach of the representations, warranties, and covenants made by You herein. We reserve Our right, at Your expense, to assume the exclusive defence and control of any matter for which You are required to indemnify us, including rights to settle, and You agree to cooperate with Us to defend and settle the claims. We will make reasonable efforts to notify You of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it. This clause shall survive termination of this Agreement.

11.

Liabilities and Damages

In no event will We or Our contractors, directors, officers, agents, licensors, partners be liable to You for any special, indirect, incidental, consequential, punitive, or exemplary damages, including but not limited to lost business opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever, arising out of or relating to (i) this Agreement, and (ii) the use or inability use the Services.

12.

Warranties

The Virtual Clinic, including all content, software, functions, materials and information made available on or accessed through the Virtual Clinic, is provided 'as is' to the fullest extent permissible by law. Further Savikalpa disclaims any express or implied warranties, including, without limitation, non-infringement, merchantability or fitness for a particular purpose. We does not warrant that the functions contained on Virtual Clinic, or any materials or content contained therein will be uninterrupted or error free. The company shall not be liable for the use of the Virtual Clinic, including, without limitation, the content and any errors contained therein.

13.

Ownership; Proprietary Rights

All rights, including copyright, in the Virtual Clinic are owned or controlled for these purposes by Us. Except where expressly stated otherwise, you are not permitted to do any derivative work, copy, download, store (in any medium), transmit, broadcast, show or display in public, adapt or change in any way the content on the Virtual Clinic for any purpose whatsoever without Our prior written permission. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible under applicable law. Any other rights, not expressly granted herein, are reserved.

The Virtual Clinic includes a combination of content that We create, that our partners or licensors or associates create. All materials published on the Virtual Clinic, including, but not limited to software(s), advertisement(s), written content, views, reviews, photographs, graphics, images, illustrations, marks, logos, sound or video clips, and flash animation, are protected by our copyrights or trademarks or those of our partners or licensors or associates. You are not permitted to copy, modify, publish, transmit, reproduce, create derivative works of, distribute, publicly perform or display, or in any way exploit any of the materials or content on the websites in whole or in part.

All names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights on the Virtual Clinic belonging to any person, entity or third party are recognized as proprietary to the respective owners and any claims, controversy or issues against these names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights must be directly addressed to the respective parties under notice to us. You irrevocable confirm and undertake that We shall not be liable for any claims, expenses and liabilities for display or use of the names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights on the Virtual Clinic under license or rights or affiliation with the said person, entity or third party.

14.

Termination of Agreement

Termination by US: You agree that We, in our sole discretion, for any or no reason, may suspend or terminate Your Services Account (or any part thereof) or terminate this Agreement, at any time without assigning any reason. You agree that any termination may be effected without prior notice, and You agree that We will not be liable to You or any third party for any such termination. Any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies We may have at law or in equity.

Termination by You: You may terminate this Agreement at any point in time.

15.

Consequence of Termination

Upon termination of this Agreement for any reason We will, block Your access to the Services and/or delete Your Services Account.

16.

Services provided by Third-party(ies)

We do not in any way warrant or represent about the quality or nature of the products or services which may be offered by a third-party. Your correspondence or dealings with, or participation, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such third-party. We shall not be responsible or liable for any loss or damage of any sort incurred by You as a result of any such dealings or as the result of the presence of such third-party on the Virtual Clinic, and any such interaction with a third-party advertiser shall be undertaken by You at your sole risk and liability.

17.

Modification of this Agreement

We reserve the exclusive right to change, modify, add, delete, or remove portions of this Agreement at any time by posting notification on the Virtual Clinic website or otherwise communicating the said notification to You. The changes will become effective, and shall be deemed accepted by You 24 (twenty-four) hours after the initial posting and shall be applicable immediately on a going-forward basis. If You do not agree with any such modification, Your sole and exclusive remedy is to terminate this Agreement in accordance with the clause above. If you continue to use the Services, it will be deemed as your acceptance to the terms.

18.

Waiver

Our failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. Any waiver of any provision of this Agreement will be effective only if in writing and signed by our authorised representative.

19.

Notice

We may provide You with notices and communications by email, regular mail or postings on the Website or by any other reasonable means. Except otherwise communicated, notice to Us must be sent by mail to: eclinic@savikalpa.com.

20.

Force Majeure

Savikalpa shall not be liable to the User(s) for any delay or non-performance of its obligations arising from any cause beyond its reasonable control including but not limited to any act of God, governmental act, act of any regulatory authority, supervening illegality, war, malicious damage, fire, flood, epidemics, pandemic(s), including but not limited to coronavirus (COVID-19) or any other health risk outbreaks, explosion, power blackout, breakdown of any equipment, loss of utility, civil commotion, industrial dispute, acts or omissions of telecommunications or data communications operators or carriers or of any other third parties or, in relation to the Services any technical or other problems affecting any operation of the Services (a "Force Majeure Event").

21.

Laws and Disputes Redressal

Courts in Gurgaon, India, shall have exclusive jurisdiction in respect of disputes arising out of this Agreement. This Agreement shall be governed by the laws of India.

22.

Severability

If any provision of this Agreement is held to be unlawful, void, invalid or otherwise unenforceable, then that provision will be limited or eliminated from this Agreement to the minimum extent required, and the remaining provisions will remain valid and enforceable.

23.

Communication

You agree to receive certain specific emails from Us. You hereby confirm that You do not have any objection to receiving emails, messages and calls from Us and Our members. This consent shall supersede any preferences set by you with or registration done with the Do Not Disturb (DND Register)/ National Customer Preference Register. This consent extends to emails, messages or calls relating to your association with the App and/ or Website under these Terms.

24.

Assignment

This Agreement, and any rights granted hereunder, may not be transferred or assigned by You without our prior written consent which may be withheld in our sole discretion, but may be assigned by us without restriction. Any assignment attempted to be made in violation of this provision shall be void and of no effect.

25.

Survival

Upon termination of this Agreement, any provision which, by its nature or express terms should survive, will survive such termination or expiration as applied to transfers and relationship prior to such termination or expiration.

26.

Contact Information

You can send in your Queries, Requests or Complaints in the following ways:

a) Email: Write us at eclinic@savikalpa.com and submit your queries.

You have the right to register a complaint if you are not satisfied with any of the following:

Services provided by the Virtual Clinic.
Unhappy with the quality of customer service provided.
Or any other grievances.

27.

General Obligations

Without limiting the foregoing, you agree that you will not use the Virtual Clinic to undertake any of the following actions or to display, upload, modify, publish, distribute, disseminate, transmit, update or share any information that:

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;
infringes any patent, trademark, copyright or other proprietary rights;
contains viruses, corrupted files, or any other similar software or programs that is designed to interrupt, destroy or that may limit the functionality of any computer source or that may damage or adversely affect the operation of another person’s computer, its websites, any software or hardware, or telecommunications equipment;
advertises or offers to sell any goods or services for any commercial purpose;
is in the nature of promotional services, products, surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters;
falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other material;
violates any law for the time being in force;
belongs to another person to which you do not have any right to;
interferes with or disrupts the Website, servers, or networks;
impersonate any other person;
harm minors in any way;
forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through its websites or to manipulate your presence on its websites;
engage in any illegal activities; or
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 the investigation of any offence or insults any other nation.