What is HealthyAlways.com ?
- Care Code Engagement Private Limited is the author and publisher of the software HealthyAlways.com Ray, and all variants, editions, add-ons, and ancillary products or services of HealthyAlways.com Ray (including all files and images contained in or generated by the software, and accompanying data, together the “Software”).
- Care Codes Engagement Private Limited also operates the internet resource www.HealthyAlways.com.com (“Website”) on World Wide Web which is used to access Care Codes Engagement Software.
- HealthyAlways.com Software is used at healthcare practices (“Practices”) by healthcare providers (“Practitioners”, which term shall also include designated associates of the healthcare providers who would use HealthyAlways.com Software), and clients of the healthcare providers (“Patients”, which term shall also include members of public who search for doctors on the Website anonymously or as a registered user of the Website) to find, manage and organise information including but not limited to personal or non-personal information, practice information, appointments, prescriptions, medical records, billing, inventory and accounting details.
- All users of the HealthyAlways.com Software - the Practitioners, Patients, and the visitors of Website are together termed as “Users”.
- The site www.HealthyAlways.com is owned and operated by Care Codes Engagements.
- You must be 18 years of age or older to register, use this Software, or visit or use the Website in any manner. By registering, visiting the Website or accepting this Agreement, you represent and warrant to HealthyAlways.com that you are 18 years of age or older, and that you have the right, authority and capacity to use the Website and the Software available through the Website and agree to and abide by this Agreement.
- The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but limited to: the Indian Contract Act, 1872, the (Indian) Information Technology Act, 2000, and 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”).
- A condition of the User’s use of and access to the Website and the Software available through the Website provided by HealthyAlways.com to Users (together with the Website, the “Services”) is the User’s acceptance of this Agreement.
- Any User that does not agree with any provisions of the same is required to leave this computer resource / the Website immediately and immediately discontinue use of all Services.
- YOUR USE OF SERVICES ON THE WEBSITE MEANS YOU ARE CONSENTING TO THIS AGREEMENT.
- HealthyAlways.com authorizes the User to view and access the content available on or from the Website solely for receiving, delivering and communicating only as per this Agreement.
- The contents of the Website, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the Website (collectively, "HealthyAlways.com Content"), are the property of Care Codes Engagements and are protected under copyright, trademark and other laws.
- User shall not modify the HealthyAlways.com Content or reproduce, display, publicly perform, distribute, or otherwise use the HealthyAlways.com Content in any way for any public or commercial purpose or for personal gain.
- Multiple people are not permitted to share the same/single log-in.
- If you are an employee, consultant, intern or are in any way associated to the Practitioner that has subscribed to the Services and the subscribing Practitioner has authorized you to use the Services, this Agreement is a three-way agreement between you, the Practitioner and HealthyAlways.com. Both the Practitioner and HealthyAlways.com may seek recourse against you for any violation of the terms of this Agreement.
- Users may not transfer (including by way of sublicense, lease, assignment or other transfer, including by operation of law) their user name or right to use the Service to any third party.
- You, the User, are solely responsible for the way anyone you have authorized to use the service uses the Services, and for ensuring that all of your 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.
Services and use of Website
- HealthyAlways.com provides Software through the Website, a practice management solutions as a Software as a Solution (SaaS) model.
- HealthyAlways.com is not responsible for and does not deal with any of Practitioners’ client or patient managed by User through the Website and only provides Services to User through the Website.
- Use of the Website may require the User to use Software provided by or operated from the Website, and on occasion HealthyAlways.com may make certain software available to User from the Website.
- To the extent User uses such software or downloads such software from the Website, the software, will be deemed to be licensed to User by HealthyAlways.com, for providing Services to User and enabling User to use those Services only.
- HealthyAlways.com does not transfer either the title or the intellectual property rights to the Software, and HealthyAlways.com (or its licensors) retain full and complete title to the Software as well as all intellectual property rights therein.
- User agrees to use the Website and the materials provided therein only for purposes that are permitted by: (a) this Agreement; and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
- HealthyAlways.com also offers a free trial offer of Services. During the trial period User will get to experience all the features of the Services.
- Users of the Services during the trial period are bound by the terms of this Agreement.
- User shall not access the Services if the User is Care Codes Engagements - HealthyAlways.com’s direct competitor, except with HealthyAlways.com’s prior written consent.
- In addition, the User shall not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
- HealthyAlways.com will provide to the User basic support for the Services at no additional charge, and/or upgraded support if purchased separately and will use commercially reasonable efforts to make the Services available 24 hours a day, 7 days a week, except for (i) planned downtime (of which HealthyAlways.com shall give at least 8 hours notice via the Services and which HealthyAlways.com shall schedule to the extent practicable during the weekend hours from 6:00 p.m. Indian Standard Time (IST) Friday to 6:00 a.m. Indian Standard Time (IST) Monday), or (ii) any unavailability caused by circumstances beyond HealthyAlways.com’s reasonable control, including without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems, or internet service provider failures or delays. HealthyAlways.com will provide the Services only in accordance with applicable laws and government regulations.
- Notwithstanding anything to the contrary contained herein, Practitioner alone shall be liable for Practitioner’s dealings and interaction with Patients contacted or managed through the Services and HealthyAlways.com shall have no liability or responsibility in this regard.
- HealthyAlways.com does not guarantee or make any representation with respect to the correctness, completeness or accuracy of the information or detail provided by Patients or any third party through the Services. The Services should not be used for emergency appointment purposes.
- HealthyAlways.com may, at its sole discretion, suspend User’s ability to use or access the Website at any time while HealthyAlways.com investigates complaints or alleged violations of this Agreement, or for any other reason.
- HealthyAlways.com reserves the right to curate Practitioner information available in its Website to improve the quality of information and to make them more suitable for Patients who use the the Website to search for a Practitioner.
- In case Users find any wrong information on the Website in relation to themselves, they can rectify it themselves or contact HealthyAlways.com immediately for rectifications. HealthyAlways.com shall have no liability or responsibility in this regard.
- HealthyAlways.com automatically lists Practitioners’ information on its Website for every ‘Doctor’ information added to a Practice using its Software.
- The Practitioner information listed on Website is displayed when Patients search for doctors on Website, and the Practitioner information listed on Website is used by Patients to request for doctor appointments.
- The Practitioners’ information on Website continues to appear even after the Practice removes the ‘Doctor’ information from its Practice information as stored in Software or the Practice ceases to be a paying subscriber or the Practice terminates its subscription.
- HealthyAlways.com, on its own, does not list any Personally Sensitive Information of such Practitioners. In case a Practitioner wishes to change his or her information as listed and displayed on Website, or disable appointment requests from Website the registered Practitioners can do so himself or herself by using options available on the Website and the unregistered Practitioners can do so by contacting HealthyAlways.com at support@HealthyAlways.com.com.
- In case a Practitioner wishes to remove his or her information as listed and displayed on Website they can do so by contacting HealthyAlways.com at help@HealthyAlways.com
- While HealthyAlways.com makes every feasible effort to ensure a confirmed appointment for a Patient who requested an appointment on Website, HealthyAlways.com does not guarantee that it will get a confirmed appointment. Further, HealthyAlways.com has no liability if such appointment is confirmed but later cancelled by Practices or Practitioners, or the Practitioners are not available as per the given appointment time.
- Certain Services (including ancillary products or services) may be subject to additional limitations, restrictions, terms and/or conditions specific to such Services or Software (“Specific Terms”). In such cases, the applicable Specific Terms will be made available to you and your access to and use of the relevant Services or Software will be contingent upon your acceptance of and compliance with such Specific Terms.
- HealthyAlways.com reserves the right to add new functionality, remove existing functionality, and modify existing functionality to its Services as and when it deems fit, and make any such changes available in newer versions of its Software or Website or both at its discretion.
- All Users of its Services will be duly notified upon release of such newer versions and HealthyAlways.com reserves the right to automatically upgrade all Users to the latest version of its Services as and when it deems fit.
Payment, Fees and Taxes
- The User agrees to pay all subscription fees, consulting fees and other fees applicable to User’s use of Services and the User shall not circumvent the fee structure. The fee is dependent on the User Plan that User purchases and not on actual usage of the Services. The subscription fee is non-refundable.
Each Practice and its users of Software will be responsible for obtaining explicit consent from their Patients before storing Patient data in Software.
HealthyAlways.com 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 HealthyAlways.com or any other person acting on behalf of HealthyAlways.com.
The use of this computer resource involves every User’s registration information and browsing history being stored and submitted to the appropriate authorities.
The User is responsible for maintaining the confidentiality of the User’s account access information and password.
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 HealthyAlways.com of any actual or suspected unauthorized use of the User’s account or password.
Although HealthyAlways.com will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of HealthyAlways.com or others due to such unauthorized use.
If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or HealthyAlways.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, HealthyAlways.com has the right to discontinue the Services to the User at its sole discretion.
HealthyAlways.com may use information stored in its Services from time to time for the purposes of debugging customer support related issues.
HealthyAlways.com will seek User’s permission if it wishes to use any User’s personal data for a new purpose.
- 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 HealthyAlways.com will disclose such information.
the fact that the information is being collected.
- As mandated by Regulation 3(2) of the IG Rules, HealthyAlways.com hereby informs the User that the User is not permitted to host, display, upload, modify, publish, transmit, update or share any information that:
The User is also prohibited from:
- 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 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.
HealthyAlways.com, 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 in (2) above, shall be entitled to disable such information that is in contravention of (2) HealthyAlways.com shall be entitled to preserve such information and associated records for at least 90 (ninety) days for production to governmental authorities for investigation purposes.
- violating or attempting to violate the integrity or security of the Website or any HealthyAlways.com Content;
- transmitting any information (including job posts, messages and hyperlinks) on or through the Website that is disruptive or competitive to the provision of Services by HealthyAlways.com;
- intentionally submitting on the Website 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 Website;
- attempting to decipher, decompile, disassemble or reverse engineer any part of the Website;
- copying or duplicating in any manner any of the HealthyAlways.com Content or other information available from the Website;
- framing or hotlinking or deeplinking any HealthyAlways.com Content.
- HealthyAlways.com shall not be responsible or liable in any manner to the Users for any losses, damage, injuries or expenses incurred by the Users as a result of any disclosures made by HealthyAlways.com, where the User has consented to the making of disclosures by HealthyAlways.com.
- The User shall not hold HealthyAlways.com responsible or liable in any way for any disclosures by HealthyAlways.com under Regulation 6 of the SPI Rules.
- The Services provided by HealthyAlways.com 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).
- HealthyAlways.com does not provide or make any representation, warranty or guaranty, express or implied about the Website or the Services.
- HealthyAlways.com does not verify any content or information provided by Users on the Website and to the fullest extent permitted by law, disclaims all liability arising out of the User’s use or reliance upon the Website, the Services, the HealthyAlways.com Content, representations and warranties made by the Users or the content or information provided by the Users on the Website or any opinion or suggestion given or expressed by HealthyAlways.com or any User in relation to any User or services provided by such User.
- HealthyAlways.com assumes no responsibility, and shall not be liable for ways in which Patient data is used by Practitioners and other authorized users of Software at a Practice. It is the responsibility of the Practice alone to ensure that the Patient data either stored in Software or taken out from Software by printing or exporting to PDF, CSV or any other computer file format or data stored offline in mobile devices of users accessing Software through mobile applications published by Praco, is used in compliance to local privacy laws applicable to the Practice’s business transactions with Patients.
- The Website may be linked to the website of third parties, affiliates and business partners. HealthyAlways.com has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through our Website.
- Inclusion of any link on the Website does not imply that HealthyAlways.com endorses the linked site. User may use the links and these services at User’s own risk.
- HealthyAlways.com 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 Website or the downloading of any material, data, text, images, video content, or audio content from the Website. If a User is dissatisfied with the Website, User’s sole remedy is to discontinue using the Website.
- The Website 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 any moderators or administrators, are not authorized HealthyAlways.com representatives or agents, and their opinions or statements do not necessarily reflect those of HealthyAlways.com, and they are not authorized to bind HealthyAlways.com to any contract.
- HealthyAlways.com hereby expressly disclaims any liability for any reliance or misuse of such information that is made available by Users or visitors in such a manner.
- In no event, including but not limited to negligence, shall HealthyAlways.com, 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 website or the content, materials and functions related thereto, User’s provision of information via the Website, lost business or lost sales, 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 Patients contacted or managed through the Website.
- In no event shall the protected entities be liable for or in connection with any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Website.
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 the terms and conditions or a User’s use of the Website exceed, in the aggregate Rs. 1000.
- In no event shall the protected entities be liable for failure on the part of the Users to provide agreed services or to make himself/herself available at the appointed time, cancellation or rescheduling of appointments. In no event shall the protected entities be liable for any comments or feedback given by any of the Users in relation to the services provided by a User.
- The listing of Practitioners on the Website is based on numerous factors including Patients’ comments and feedbacks. In no event shall the protected entities be liable or responsible for the listing order of Practitioners on the Website.
- User agrees to indemnify and hold harmless HealthyAlways.com, its affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from his/her/ its access to or use of Service, violation of this Agreement, or infringement, or infringement by any other user of his/her/its account, of any intellectual property or other right of any person or entity.
- HealthyAlways.com 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.
Term, Termination and Disputes
This Agreement will remain in full force and effect while the User is a user of the Website in any form or capacity.
The User can terminate his/her/its membership with HealthyAlways.com at any time by providing 30 (thirty) days’ prior written notice to support@HealthyAlways.com
- We need this period to inactivate User’s account, only after verifying if there are any ongoing or pending Services or payments. HealthyAlways.com may want the User to continue until the completion of an on-going Service should the situation warrant. The User shall be obligated to pay HealthyAlways.com for any Services for which the User has procured.
HealthyAlways.com reserves the right to terminate any account in cases:
• HealthyAlways.com is unable to verify or authenticate any information provide to HealthyAlways.com by a User; or
• HealthyAlways.com believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for HealthyAlways.com or are contrary to the interests of the Website.
- Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Website 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 Website by such User. The User shall ensure that he/she/it has continuous backup of the Services the User has rendered in order to comply with his/her/its record keeping process and practices.
- Return of User’s Data: Upon request by a User made within 30 (thirty) days after the effective date of termination of a Services subscription due to non-payment, HealthyAlways.com will make available to the User for download a copy of such User’s data in comma separated value (.csv) format. After such 30 (thirty) days period, HealthyAlways.com shall have no obligation to maintain or provide any of such User’s data and shall thereafter, unless legally prohibited, delete all User’s data in its systems or otherwise in its possession or under its control. In cases where User terminates the subscription voluntarily, it will be the sole responsibility of the User to make a copy of their data before terminating the subscription - Users data will not be available after termination of subscription in such cases.
- HealthyAlways.com 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 Service and immediate termination of the User’s account with or without ability to access the Service, upon any breach by the User of this Agreement or if HealthyAlways.com is unable to verify or authenticate any information the User submits to HealthyAlways.com, or if the User fails to provide (or after providing such consent, later revokes) the consents necessary or desirable for HealthyAlways.com to provide the Services to the User.
- This Agreement and any contractual obligation between HealthyAlways.com and User will be governed by the laws of India, subject to the exclusive jurisdiction of Courts in Mumbai. All disputes will be subject to arbitration in Bangalore in English by a single arbitrator appointed by HealthyAlways.com under the Arbitration and Conciliation Act, 1996.
- Even after termination, certain obligations mentioned under Covenants, Liability, Indemnity, Intellectual Property, Dispute Resolution will continue and survive termination.
- Any amendment in these Terms shall replace all previous versions of the same.
- If any User has any question, issue, complaint regarding any of our Services, please contact our customer service at support@HealthyAlways.com
- If a User has any questions concerning HealthyAlways.com, the Website, this Agreement, or anything related to any of the foregoing, HealthyAlways.com can be reached at the following email address help@HealthyAlways.com or via the contact information available from the following hyperlink: http://www.healthyalways.com/ContactUs.