Terms And Conditions

TERMS AND CONDITIONS

This Agreement is issued in accordance with Indian laws and is controlledby it, including but not limited to:

the Indian Contract Act, 1872,

the (Indian) Information Technology Act, 2000, and

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"), and the rules, regulations, guidelines, and clarifications framed thereunder.

USER AGE LIMIT

A User must be of 18 years of age or older to register, use the Services, or visit or use the EFettle Website in any manner. A User who registers, visits or uses the EFettle website or accepts this Agreement, represents and acknowledges that he/she is 18 years of age or older. This also warrants that he/she has the right, authority and capacity to use the Website and any services available through the Website. The User agrees to and shall abide by this Agreement.

USING THE PLATFORM

By using the Platform, the User expressly agrees to be bound by the Terms and Conditions. In case a user doesn’t agree to any of the terms, it is advised to not use the platform. Contact the EFettle team for any questions regarding the terms.

A user’s access to the platform, services, or utilisation of the third-party affiliates, offers or promotions as provided by us or our affiliates, may be governed by additional terms and conditions, along with these Terms.

For the Terms and Conditions:

  • “Platform” means https://www.efettle.com/ and the corresponding mobile application or any other digital mode and/or operating system as provided by us.
  • ‘Doctor/registered medical practitioner’ shallmean a doctor permitted to practice medicine by the MCI (Medical Council of India) or any regional council, basically registered medical practitioners duly authorized by the government.

NOT FOR EMERGENCY USE

EFettle advises everyone to get emergent medical assistance from the nearest practitioner/ hospital available. EFettle’s services are, in no manner, meant to be used in place of contacting and receiving emergency medical assistance. The user is requested to call a hospital or an ambulance service (for self or on behalf of another individual) if he or the end-user is in a critical condition/ medical emergency.

It is upon the sole discretion of the user/ relatives of the patient to act in an emergency. EFettle shall not be liable for a negligence on the user’s part to contact an emergency service. EFettle is not responsible for any grievance or loss caused in any delay for the treatment in an emergency while trying to contact EFettle.

1.CONSENT FOR INFORMATION

By using our Platform and providing the Personal Information and/or Sensitive Personal Data, User hereby consents to the collection, storage, disclosure, transfer, processing and usage of your data as per the terms of these terms and conditions. The user is advised to frequent this section for any updates or changes in the terms.

1.1 INFORMATION COLLECTION

The information that shall be collected from the User may include but is not limited to:

  • Name
  • Date of birth
  • Gender
  • latest prescription
  • Name of the doctor who has prescribed the tests
  • Test details
  • Contact details (residential address, phone number, email id)
  • Financial details (for payment purpose)

The Users are requested to check EFettle’s Privacy Policy to understand the process of information collection, why the information is collected and what EFettle uses this information for.

1.2 SAFETY PRECAUTIONS

EFettle works in close relation to the third-party service providers who have stringent security measures to prevent the loss, misuse or alteration of the patient’s personal or any other critical information. The provider shall take all necessary precautions to safeguard all the information and protect it from any unauthorized use.

1.3 DATA SECURITY

While every precaution is being taken to maximise the data security, it is to be noted that the internet technology isn’t a 100% secure space. In unforeseeable circumstances, the system might be prone to hacking or may receive cybersecurity threats. There may be a breach of personal and medical data in such circumstances. The user is advised to exercise his/her discretion while providing the information. EFettle shall, in no manner, be responsible for an unwarranted data security breach.

1.4 DATA STORAGE

All the information including, but not limited to, Personal Information, Sensitive Personal Data, and medical records are hosted and/or processed on third-party servers. EFettle retains all such information to provide required medical services or for legal/ statistical/ historical purposes. This retention of information shall be for the time required to fulfill the particular purpose.

1.5 RETENTION OF DATA

EFettle reserves the right to maintain any information acquired from Users of the Website or the Services for as long as it deems fit. It shall depend on the kind of information, the purpose of retention, the means and modes of the utilization of such information. EFettle also reserves the right to keep the logs from a computer web server for as long as it is required for administrative purposes.

1.6 SHARING INFORMATION

EFettle reserves the right to share or transmit data and even User-generated information to its affiliates. This is also applicable for sharing with any government agency in accordance with the prevailing law. The user, hereby, consents to such disclosure or transfer of data.

As per the prevailing SPI rules, EFettle is allowed to transfer sensitive personal data or information to any other corporate body or person in India, or abroad, that adheres to the same level of data protection as EFettle. This transfer shall be allowed under the SPI rules only if such transfer is deemed necessary for performing a lawful contract between EFettle or any person acting on its behalf and the User, or if the User has given consent.

EFettle respects all the Intellectual Property Rights of others and has stringent policies to control infringement of the IP rights. EFettle does not take liability for any infringement of the IP rights.

2. USER GENERAL TERMS AND CONDITIONS

The User acknowledges and accepts that EFettle is not responsible for:

  • User interactions with the Practitioner
  • The capacity or the intent of the Practitioner(s), or a lack in fulfilling their commitments to the users
  • An incorrect drug or a drug of poor quality is being administered
  • Medical negligence on the part of the Practitioner(s)
  • Inappropriate treatment or a difficulty faced by the user due to the practitioner’s non fulfillment of his promises.
  • Inappropriate behavior of a practitioner or the practitioner's staff
  • A modification in the amount paid by the user, owing to no show, cancellation on behalf of the practitioner or rescheduling of a scheduled appointment

A user may submit feedback on an interaction with the practitioner. However, the user acknowledges that EFettle is not liable to take any action that it doesn’t deem fit, like taking action on the request for the removal of a practitioner from the website.

2.1 NO DOCTOR-PATIENT RELATIONSHIP

A medical professional may share some information on the website in direct response to your comment or query. This material may be in the form of content, data, text, pictures, graphics, ideas or any other material (collectively known as ‘information’). This provision of information, in no manner, establishes a relationship between a licensed medical professional and a patient. This information does not qualify as a medical opinion, diagnosis, advice or line of treatment for any condition. It is to be noted that the information has been provided by the medical practitioner to assist the user in identifying appropriate medical care. EFettle shall not be liable for any interaction between the user and the practitioner.

2.2 PRACTITIONERS ON EFETTLE:

When a user searches for practitioners on the website, the results of the search should not be interpreted as an endorsement of a practitioner by EFettle. If a user chooses to obtain medical services or advice from a practitioner, he or she does it at his or her own risk.

It is to be clearly stated that any information received from the EFettle Website, its employees, contractors, partners or anyone related to EFettle, is only for informative purposes. EFettle tries its best to provide qualitative information for the benefit of our users.

EFettle has a stringent process with regards to the Practitioner registration. However, it may still lead to a situation where a person may falsify the information and join as a Practitioner. Upon discovering such a case, EFettle shall take strict action to safeguard the interest of the Website Users.

EFettle does not warrant or promise, unless stated, any information regarding the professional credentials, competence or other Practitioner information on the EFettle Website.

EFettle is not directly involved in providing healthcare service, medical advice or a medical diagnosis. The user shall be accountable for any choice they make or actions taken based on any such information.

3. DOCTOR CONSULTATIONS SERVICES

3.1 BOOK AN APPOINTMENT

EFettle allows its users to book an appointment with a practitioner on the website in two ways:

  • Instant connect- It allows the user to make an appointment with the practitioner immediately or in the next available slot.
  • Scheduled appointment- It allows the users to schedule an appointment in the future with a practitioner.

In any of the above cases, the user who books an appointment using the EFettle platform will receive a confirmation of the appointment. EFettle shall not be responsible in case a practitioner cancels the appointment or if the practitioner is not available at the scheduled time.

3.2 RECORDING OF ALL CONSULTATION CALLS

The Users shall consult the practitioner(s) via audio or video calls on the EFettle platform. EFettle advises the Users and the Practitioners to comply with doctor- patient relationship and confidentiality terms. EFettle also advises the Users and the Practitioners to use respectable language during the conversation.

EFettle reserves the right to and shall record all the consultation calls placed through the EFettle platform, between a User and a Practitioner. A record of these calls may be kept for as deemed fit by EFettle, for administrative, educational or legal purposes.

3.2.1 OBSCENITY ON CONSULTATION CALLS

A User may face a health concern in their private parts and may need to consult a Practitioner for the same. EFettle clearly states that the User cannot be compelled to show through picture or video, a portion of their private parts. It is upon the discretion of the User (patient) how to proceed in this situation. EFettle strictly prohibits the use of abusive language and/ or any obscene visuals on the EFettle platform/ calls.

If, somehow, the User finds himself/ herself in an uncomfortable situation or harassed on a consultation call, he/she must notify the EFettle team at support@efettle.co. EFettle has a strict policy towards this and shall take the required actions after an investigation.

3.3 CONSULTATION CHARGES

The consultation charges may vary from one Practitioner to the other, depending on factors including, but not limited to the specialization, education and experience. The charges are decided by the Practitioner himself/ herself. EFettle plays no role in defining the fees or in changing the fees mentioned by any Practitioner. EFettle advises the User to check the consultation charges for the Practitioner before proceeding for payment.

The User must understand that a service charge is levied by EFettle for providing the service platform and maintenance. This service charge is applicable over the consultation charges of the practitioner.

3.4 CANCELLATION AND REFUND POLICY

A user may cancel a scheduled appointment for various personal reasons. If the appointment is canceled three (3) days prior the appointment, the user shall be eligible to receive the full amount. If the appointment is cancelledone day (24 hours) prior to the appointment time, 75% of the appointment fees shall be refundable. If the appointment is cancelled up to 3 hours prior to the appointment, 50% of the amount shall be refunded. If the appointment is canceled beyond this point, no amount shall be refundable. The cancelation charges and service charges shall not be refundable in any case.

3.5 PATIENT-NO-SHOW REFUND POLICY

A ‘Patient No Show’ is an instance wherein the user fails to appear for the appointment booked with a practitioner on the website. This would be a situation wherein the user doesn’t show up without canceling, rescheduling or informing the practitioner in advance.

When a practitioner notifies EFettle of a Patient-No-Show, the incident would be investigated further.

A user may respond to the PNS communication with reasons such as

  • Forgot about the appointment;
  • Chose to see another Practitioner online; or
  • Other obligations or for other reasons.

If the user had scheduled a paid appointment and couldn’t attend due to any reason, EFettle would have the sole discretion to decide whether the reason for Patient-No-Show was valid. If the reason is deemed valid, the user will be entitled to a refund of the amount paid at the time of booking, after the completion of the investigation. However, the service fees shall not be refunded and a cancelation fee shall be applicable in all circumstances.

In an event of any disagreement, EFettle reserves the right to make the ultimate decision.

3.6 DOCTOR-NO-SHOW REFUNDS POLICY

If a user has booked and paid for an appointment with a practitioner on the website and the practitioner is unable to consult, the user must notify EFettle at support@Efettle.co within five (5) days of such an incident. In such a case, the entire consultation fee (as stated on the Website) will be refunded to the User within the next five (5) to six (6) business days in the original mode of payment used by the User when booking. The service charges and the cancellation charges already levied shall not be included in the refund amount.

If, in case, a user fails to show up for the appointment booked with a practitioner and didn’t even cancel the appointment in the stipulated time, the cost of booking that appointment shall not be refunded.

3.7 EFETTLE CHAT

The chat platform helps share general information in a question-and-answer style. It is not intended for use in case of an emergency. A discussion on the chat platform cannot be interpreted as or equated to a medical consultation with a Practitioner.

The chat platform allows EFettle users ("Querists") to ask questions about their medical concerns, which can be addressed by practitioners on the platform. Participating in any discussion on the chat platform doesn’t create a doctor-patient relationship between the Querist and the Practitioner.

EFettle's chat platform is a platform interface for the sole purpose of sharing and exchanging information and is in no way a place for consultation or medical advice. The practitioner shall be unable to provide or prescribe medications.

For a query on the platform, a practitioner may offer his ideas, perspectives, proposals, and solutions. However, any such idea, opinion, suggestion or solution is not proposed to be taken as medical advice. EFettle urges the concerned individual to seek professional medical advice for his concern.

3.7.1 Chat Terms for Practitioners:

On the chat platform, a practitioner must be qualified in the field of knowledge that he claims to be certified in.

Practitioners are advised to keep their personal, religious and moral beliefs and/or sentiments to themselves while answering any query.

On the chat platform, EFettle forbids the practitioners from

  • Making a medical diagnosis;
  • Prescribing a medication;
  • Posting a comment/reply with objectionable, pornographic, or offensive content, or material that contains abusive language;
  • Advertising a brand of pharmaceuticals, vaccinations or supplements;
  • Advertising to /soliciting patients, including but not limited to using social media handles (like Facebook and Twitter), mobile numbers, and addresses;
  • Encouraging the distribution of illicit material and actions.

In an event of a breach of these Terms and Conditions (T&C), EFettle reserves the right to take adequate action, at its entire and absolute discretion. It may vary on a case-to-case basis and may range from sending a warning to removing the practitioner from the platform.

The practitioner shall be held accountable for a liability that originates from his answer on the chat platform.

The chat platform shall be audited by EFettle on a regular basis. The audit shall, in no way, be conducted or treated as a quality check or a validation of replies by the practitioners.

The chat T&C shall be governed by the General Terms and Conditions by EFettle. For any dispute arising under the T&C of chat and EFettle, the decision by EFettle shall be final and binding.

3.7.2 Chat Terms for User/Querist:

The chat platform is a public platform for the sharing of information. Any question asked by a querist shall be visible to the public at large. EFettle will anonymize the querist's personally-identifying information before the question is raised on the chat Platform. Users/querists are advised to not share their personal/private information on the chat platform.

EFettle urges the users to not use the chat platform in case of a medical emergency and seek immediate medical attention.

Users/querists are prohibited from submitting a query that contains insulting language or objectionable, pornographic, or offensive content.

The chat platform is a platform interface for exchanging and sharing general information in a question-and-answer format. Any response provided by a practitioner on the chat platform shall not be construed as medical advice. Any reply from a practitioner shall not be, in any way, interpreted as a medical consultation.

Participating in a discussion on the chat platform shall not create, in any manner, a doctor-patient relationship between the user/querist and the practitioner.

A practitioner may offer his ideas, perspectives, proposals, and solutions for a query posed on the chat platform. However, a user is not advised to take any such idea, opinion, suggestion or solution as medical advice. EFettle encourages and urges the concerned individual to seek professional medical advice for his concern.

The chat T&C shall be governed by the General Terms and Conditions by EFettle. For any dispute arising under the T&C of chat and EFettle, the decision by EFettle shall be final and binding.

4. PRACTITIONER TERMS AND CONDITIONS

Only the practitioners are subject to the provisions of this clause.A practitioner must check and agree to EFettle’s Practitioner Terms and Conditions along with the points mentioned below.

4.1 UNDERTAKING BY THE PRACTITIONER

The practitioner acknowledges and undertakes that he/she is duly registered, licensed, and qualified to practice medicine, and provide health care and wellness services. The practitioner, hereby, acknowledges that this is in accordance with all applicable laws, regulations, and guidelines as established by competent authorities. The Practitioner acknowledges that he/she will not be a party to any agreement prohibiting him or her from practicing medicine within the Indian territory.

The Practitioner agrees to ensure that he/she obeys all applicable laws governing the Practitioner. He/she agree to strive to ensure that the consultation/services provided to the User/ patient are of the highest quality.

The Practitioner understands and agrees that EFettle is not liable for a misdiagnosis or wrong treatment by a Practitioner. The Practitioner shall be liable for a lapse in his/her professional judgement and the results.

4.2 ROLE OF PRACTITIONERS IN PROMOTIONAL & MARKETING MATERIALS

EFettle works closely with the practitioners and offers diverse offers and services to the Practitioners. As an acknowledgement, the Practitioner shall (subject to their review and approval):

  • allow EFettle to include a summary of the Practitioner's services in any of its marketing, promotional, and advertising materials;
  • allow EFettle to use the Practitioner's name in case studies and other marketing materials;
  • allow the usage of Practitioner’s testimonials for EFettle's current and prospective clients;
  • offer the required media including video logs, testimonials, interviews, and quotations for press releases;
  • attend relevant conferences and give presentations; and/or
  • use the Practitioner's name, logo, brand image, tag line, and other such material throughout social media, e-mailers, press announcements, advertising, marketing, and promotional materials.

4.3 TERMS OF USE: PRACTITIONERS

4.3.1 LISTING POLICY

EFettle gathers general information, contact information and other data from the practitioners’ profiles, directly and indirectly. This data is collected for the ease of users and end-users. Any erroneous information regarding the practitioner or his profile on the website must be brought to immediate attention. The practitioner must notify the EFettle team to ensure that appropriate changes are made.

Efettle shall not be, in any way, accountable or responsible for the rankings of the practitioners on search engines or third-party websites.

EFettle reserves the right to remove a rude, inappropriate or promotional information posted by the practitioner on the website. EFettle shall not be held liable if a practitioner’s profile uploaded on EFettle website is inactive, erroneous, fraudulent or non-existent.

Practitioners understand and acknowledge that EFettle reserves the right to publish the practitioners’ content on third-party platforms like content platforms.

When a practitioner is listed on Efettle.com, the end-users may see a ‘show number’ option. The users will be able to contact your number using EFettle’s telephonic service. EFettle reserves the right to log a record of those calls, to be saved on EFettle’s servers. An IVR message during the call shall outline the reason for recording the call and your agreement to the recording. These will be handled in compliance with the provisions of the Privacy Policy. EFettle may access these records for support and quality control.

EFettle advises the practitioners and the end-users to use this phone function for only appointment and booking reasons. This feature, in any case, should not be used for medical consultation. EFettle shall not assume any responsibility if the feature is not used in agreement with the above-mentioned. EFettle has the right to refuse to supply the service if the user denies the consent to record the calls or the information necessary for appointment booking.

As a medical practitioner with EFettle, you acknowledge and warrant a legal and ethical use of this service. A practitioner shall be solely liable for the violation of any relevant laws as a result of using our services. EFettle assumes no liability for the same.

4.3.2 PROFILE OWNERSHIP AND EDITING RIGHTS

EFettle offers practitioners a facility to update their profile information and guarantees them simple access. However, EFettle reserves the ownership of the profiles and the photographs of the practitioners. EFettle also retains the right to moderate the practitioner’s requests to alter or update the profile. EFettle has the right to decide whether or not to publish and even reject requests for changes/ updates by the practitioner.

As a practitioner, you represent and warrant that you are authorized by law to upload the content that you submit for your profile or while using EFettle’s services. You also warrant that none of the content shared by you infringes, in any manner, on any third-party rights, including Intellectual Property Rights (IPR).

In a situation where EFettle becomes aware of a breach of the aforementioned representation, EFettle reserves the right to delete or edit sections of your profile on the website, with or without prior notification.

4.3.2 RELEVANCE ALGORITHM UPDATES

EFettle has created the relevance algorithm keeping in mind the end-user. It may be altered periodically to improve the quality of the results provided to the users. It is a proprietary and merit-based system that can't be changed for any individual. EFettle shall not be liable for the impact that an algorithm update may have on the Practitioner's commercial interests.

5. THIRD-PARTY SERVICES

5.1 Third Party Links

Any link(s) to third party websites or electronic communication services are referred to as "Third Party Links". These links (provided on the EFettle website) are operated by third parties and are not controlled by, or affiliated to EFettle, unless expressly specified on the EFettle Website. The working of EFettle is not interconnected with the third-party providers. EFettle is an intermediary, facilitating the provision of services through other providers.

EFettle may provide these third-party links only for informational purposes. EFettle has no control over the contents of these websites. EFettle does not control or guarantee the accuracy, integrity or safety procedures adopted by these third parties.

EFettle advises the users to go through the terms and conditions and the privacy policy of these providers before sharing with them any personal, sensitive or medical data. If a User links to any such Third-party Links, EFettle requests him/her to review that website's privacy policy and T&C. EFettle shall not be held responsible for the policies or practices of the Third-party Links.

The User understands and acknowledged that EFettle is not liable, obligated or responsible for any correspondence, purchase, access or usage of any third-party website. In such cases, the binding Agreement shall be between the User and the third party.

The User acknowledges that he/she will not hold EFettle, affiliates, directors, officers, employees, agents and/or vendors responsible for any demands, losses, damages, personal injury, and expenses incurred, suffered or sustained on account of a using or accessing a third-party website.

5.2 SURGICAL SERVICES

EFettle provides its Users with assisted Surgical Services through the platform. The services are assisted, and not provided directly through EFettle. Upon the knowledge of a surgical requirement, the User shall be able to register on the EFettle and mention the surgical requirements. EFettle shall connect the User with the nearest hospital with surgical services. EFettle shall make thorough checks to ensure the User is assigned to the best available surgical practitioner.

The User will be able to visit this hospital and consult with the doctor regarding the surgical case. Upon the knowledge that a surgery is required, the process will begin and an efficient doctor shall be assigned. The doctor may be an in-house surgeon or an on-call surgeon, depending on the requirement and the availability.

The rules, regulations, Terms & Conditions of the said hospital shall apply in such case. EFettle acts as an intermediary to offer its Users the best surgical service. EFettle shall have no say in the decision of the User with regards to the surgical plan, hospital, doctor and services. The User shall make the choices to the best of their discretion, according to the available information and the situation.

EFettle shall, in no way, be responsible for any surgical complication, or liable for any losses or damages during this entire process.

5.3 PHARMACY (THIRD-PARTY MERCHANTS)

5.3.1 NO SALE OF DRUGS/ MEDICINES

EFettle does not stock up, exhibit, distribute, sell, or offer for sale any drugs or medicines. EFettle allows the usage of the EFettle website as an intermediary to facilitate the connection with third-party pharmacies through us.

The sole role of EFettle is that of an intermediary. If a User purchases any drug or medicine, the transaction is strictly restricted between him/her and the third-party pharmacy. EFettle shall, in no way, be a party to the said transaction.

EFettle does not recommend or endorse any particular pharmacy. EFettle does not make any representations or warranties regarding the quality of the drugs, medicines or services that the pharmacy may sell in a sale/purchase transaction. EFettle does not assume any responsibility or liability for a fault in a sale/purchase transaction. If in case, the pharmacy sells drugs that are expired or defective, or does not send the medicines in the correct quantity, the sole responsibility shall be of the pharmacy.

EFettle does not have any tie-ups with any brand of pharmaceutical products and in no way, promotes any particular brand of drugs, medicines or medical preparations.

EFettle advises the Users and everyone at large, to carefully read the terms and conditions, and the privacy policy of the third-party pharmacy.

For the safety of all and as a general precaution, EFettle screens all the pharmacies to ensure maintenance of pharmacy quality. It is to be noted that the pharmacies we deal with have represented to us that they are duly qualified and licensed to sell drugs and medicinal preparations as per the applicable law in India.

Even though EFettle makes reasonable inquiries to confirm the truthfulness of any representation made to EFettle by the pharmacies, EFettle shall not be responsible for any misrepresentation or fraud in this regard.

5.3.2 DISCOUNT COUPONS

The third-party pharmacy merchants offer discount coupons from time to time. The discount coupons vary from one merchant to the other. The pharmacy merchant shall have the sole discretion for discount coupons or codes, their validity, usage, or any changes in the coupons. EFettle shall not be liable for any sudden changes or cancellation of existing coupons offered by the merchant.

The User must use his/her discretion while using any coupon at the time of the purchase from these pharmacy merchants.

5.3.3 DRUG TERMS FOR PRACTITIONERS

A medical practitioner may prescribe to a User (patient) the medications required as a course of action. The medicines prescribed shall indicate only their sole professional judgment. The practitioner is advised to prescribe only the medications that are determined appropriate in his/her sole discretion and professional judgment. The practitioner must ensure that he/she shall be duly responsible to comply with all applicable laws while prescribing any medication. The practitioner is expected to remain unbiased towards any particular pharmaceutical brand while prescribing medicines, and is requested to prescribe generic medicines wherever feasible.

The practitioner should be aware of the adverse effect of the drug before prescribing it. He should also inform it to the patient at the time of prescribing.

5.3.4 DRUG TERMS FOR THE USERS

The User who obtains any medical prescription from a medical practitioner through EFettle, shall be solely for the User’s personal use. The User agrees to carefully read the entire set of instructions provided by the medical practitioner before taking any medication. This shall include the product information and the product label as well. The User agrees to contact a certified physician or a pharmacist if in case he/she has any questions related to the prescription, medicine, dosage and side effects.

The user understands that the third-party pharmacy may require him/her to produce clear, valid prescriptions from a certified medical practitioner. This is essential and required by the law for the sale of drugs or medicinal preparations by a pharmacy to anyone.

The User understands and acknowledges that EFettle website (and App) is merely a technological platform. The User also understands that all the medicines and pharmaceutical products are sold by respective third-party Pharmacy Merchants. EFettle website and App shall not be held responsible, in any manner, for any error or omission or act committed on part of the said Pharmacy Merchant.

The User must consult with the doctor(s) to understand any adverse effects before taking the prescribed medicine. In an event of an unknown adverse effect, consult the practitioner and immediately bring to his/her attention. The Practitioner shall be able to give appropriate solutions.

5.4 DIAGNOSTICS

EFettle provides a diagnostic platform to provide ease to the Users/ patients in receiving quality care in the comfort of their home. EFettle caters to the needs of Users/patients when they require medical tests to be performed. The tests may be routine physical examinations or specific tests recommended by medical practitioners for a particular purpose.

The sole role of EFettle is that of an intermediary. If a User purchases any drug or medicine, the transaction is strictly restricted between him/her and the third-party diagnostic center. EFettle shall, in no way, be a party to the said transaction.

5.4.1 DIAGNOSTICS PROCESS

Upon the knowledge of the required tests, the User shall be able to book the test through the EFettle platform. The User will have to select options like tests, date, city, location and provide personal details for the same. The amount for the test shall be displayed (including any discounts) and the User can make an electronic (online) payment. Upon the payment, the EFettle’s diagnostic partners shall be notified and will proceed further.

EFettle’s diagnostic partners go to the User’s doorstep to procure the samples. EFettle shall provide the test reports online.

EFettle shall have the rights to access the test results, preserve them in the database for future reference and also to share it with the concerned practitioner(s).

5.4.2 OBSCENITY OR HARASSMENT

EFettle has taken great care in deciding its diagnostic partners and testing labs. If a User undergoes an unfortunate situation of misbehavior, obscenity or harassment of any manner with the Diagnostic Partner, the User must bring the issue to immediate attention. The User can find support at support@efettle.co to escalate the issue. EFettle shall take stringent action towards the said Diagnostic partner/ lab technician/ staff. EFettle, however, has no direct role in providing the Diagnostic Services.

5.4.3 DIAGNOSTICS USER TERMS

The User agrees to provide these details to EFettle and/or the diagnostic provider for the purposes mentioned herein. EFettle shall have access to these personal details as well as to the health records and the test results.

The User understands and acknowledges that his/her personal information, health records and test results shall be retained by EFettle. These may be used for R&D purpose or shared with third parties, to improve the user experience at EFettle.

The User understands that EFettle (or the diagnostic partner) may sometimes reach out to him/her. EFettle (or the diagnostic partner) reserves the right to record all calls with EFettle or the laboratories/ logistics partner.

5.4.4SAMPLE COLLECTION

The Sample Provider acknowledges that EFettle doesn’t provide these healthcare diagnostic services on its own but has tied up with efficient laboratories. This includes the collection, testing and analysis of the samples. EFettle’s diagnostic partners shall be involved in the process of sample collection, delivery of reports and related services.

The diagnostic services offered by the Technician shall be for the sole purpose of enabling diagnostic discovery of the patient’s condition.

Upon requirement, the Sample Provider shall provide a valid prescription issued by a doctor mentioning the tests to be conducted.

The lab Technician may require the Sample Provider to produce a valid identification proof. The Sample Provider provides consent to the laboratory technician to collect the requisite sample from him/her.

The process of sample collection from the User’s home shall be conducted by an efficient Diagnostic partner/ Technician.

In case of any indirect damage or loss by the User, EFettle’s liability shall be limited to the value of the amount paid by the patient/User for any such test availed through EFettle’s platform.

In the event the Sample Provider has any complaints regarding the home service collection, Technician, equipment and the like, it can be reported at support@efettle.co.

The User understands and acknowledges the need to provide accurate and authentic information before giving a sample. It is explicitly clarified that EFettle or the diagnostic centers do not validate any information provided by the Sample Provider.

In the event of any non-compliance or breach of any of these Terms by the Sample Provider, EFettle reserves the right to refuse providing services to the Sample Provider.

All the general Terms shall govern the T&C to the extent applicable. Decision of EFettle shall be final and binding on the issues arising under the T&C.

EFettle reserves the right to modify or terminate any portion of the T&C for any reason and at any time. When a User avails home collection services and/or uses the Website following any such modification, it constitutes as an agreement that shall be binding on the User.

5.4.5COUPON CODESFOR DIAGNOSTIC TEST BOOKINGS

The discount codes created by the diagnostic centres change from time to time. The discount codes shall mention the services for which they are applicable asthe terms may vary from scheme to scheme.

5.4.6DIAGNOSTICS REFUND POLICY/ CANCELLATION

We try our best to coordinate with the laboratory and/or the logistics partner and we would indicate beforehand in case the laboratory partner doesn’t show at the User’s home. Should EFettle fail to do so, the User could contact us at: support@efettle.co

In a case where the User had booked a test and the laboratory partner is unable to collect the sample, EFettle shall refund the entire amount paid by the User within seven (7) working days after receiving an intimation from the User.

If there is a situation where the lab Technician is unable to find the User at the mentioned location and time (no show from the User), EFettle shall not be liable to refund the amount paid for the testing services. If there is a genuine reason for this no show, EFettle shall be the sole party to determine whether to reimburse any amount or not.

REACH OUT:

If a User wishes to unsubscribe or stop the notifications from EFettle Diagnostic services, he/she may do so by sending a mail to support@efettle.co. In case a User has any feedback, request or recommendation, he/she can reach out to us at support@efettle.co.

6. EFETTLE BLOGS

‘EFettle Blogs’ is a content platform on the EFettle website wherein the Practitioners with an EFettle profile upload health and wellness-related information.

These terms and conditions apply to all the users, including the practitioners as well as the end-users. However, the terms and conditions that apply exclusively to either practitioners or the users shall be pointed out individually.

6.1 PRACTITIONERS PARTICIPATION ON THE BLOG

Practitioners can access the EFettle blog section by logging into their EFettle account. They can generate original content in the form of text, audio, video, charts or a combination and submit it to the EFettle servers. The content can be related to health and wellness, an explanation of a medical phenomenon, general tips for wellness, recent trends and articles related to the improvement of health in any manner.

The information provided through the EFettle Blogs does not represent a piece of medical advice and shall not be considered as one in any manner.

The Practitioner affirms that he/she is the original writer and producer of the material submitted by him/her to be uploaded to EFettle Blogs. The written content shall be of the practitioner’s own and not plagiarized/ copied from any source. The practitioner may only use stock pictures/ videos or pictures/videos taken on their own. Practitioners are advised to not upload any image, video, audio or graph directly from the internet. The practitioners must refrain from infringing on anyone’s Intellectual Property Rights (IPR), including, but not limited to, trademark, patents, copyright or other proprietary rights.

A practitioner must

  • Ensure that the Content provided (including the comments to the users) is in no way, hurtful, harassing, blasphemous, defamatory, pedophilic, obscene, pornographic, or libelous.
  • Ensure that the Content submitted does not infringe on the privacy of others
  • Ensure that the Content doesn’t contain anything that may be offensive, racially, or ethnically derogatory, insulting, or otherwise illegal in any way.
  • Guarantee that no portion of the Content violates any current or future legislation.
  • Ensure that the Content does not jeopardize India's unity, integrity, defense, security, or sovereignty, cordial relations with other countries, or public order.
  • Verify that the Content does not instigate any crime or is derogatory to any other nation.

EFettle makes no warranties or representations that the content or material uploaded by a practitioner does not infringe on anyone’s IPR. A Practitioner is solely responsible to maintain and not infringe upon anyone’s Intellectual Property Rights. He/she must ensure this before submitting the content to be published on EFettle blogs.

A practitioner declares that all intellectual property rights in any content developed by him/her and uploaded via EFettle Blogs are hereby assigned to EFettle in perpetuity and internationally.

EFettle retains the right to alter or delete any Content (or comment on that content) at any point, that it believes to violate these Terms and Conditions, or any applicable law/ statute at the time.

A practitioner, upon agreeing to these Terms and Conditions, indemnifies EFettle from any and all liabilities that may arise as a consequence of any legal claims from infringing any third-party intellectual property rights.

6.2 USER TERMS FOR BLOGS

A user may utilize and browse original content written by the practitioners on the EFettle Blog. If permitted, the users may post and upload comments on such blog articles.

The user understands and agrees that the article reflects the thoughts and opinions of the writer of the content and does not reflect EFettle’s views on that particular topic.

The purpose of the blog articles and content within is informative and educational. The content provided may or may not be backed by medical studies, medical institutions or any medical body. The content represents the medical understanding of the Practitioner who wrote the content. The field of medicine is evolving in nature and the content posted may lose its relevance in the future. EFettle takes no responsibility for checking the content of the blog articles, with relation to accuracy and does not, in any manner, endorse an idea/ brand/ clinical trials/ supplements.

The user understands and acknowledges that the Content he/she accesses on EFettle Blogs does not represent medical advice in any form. The user is solely responsible for any interpretation or an action that is taken based on the Content. The User undertakes to release and indemnify EFettle from any and all claims that may arise as a consequence of the User's conduct as a result of the User's viewing of EFettle Blog information.

The user acknowledges that EFettle owns the Intellectual Property Rights (IPR) of all the content on the EFettle blogs. EFettle shall even own all the Intellectual Property Rights to the comments posted by the users.

The users are advised to not copy, in any form, any material (text, audio, vectors, visuals, etc) from the EFettle Blogs. Copying the content in any manner, for personal or commercial usage, shall lead to a direct infringement of the Intellectual Property Rights of EFettle.

In an event of an IPR infringement by the User, EFettle reserves the right to pursue all legal remedies permissible by the court of law.

It is upon the user to not publish any comment that infringes on any third party's intellectual property, including but not limited to, trademarks, patents, copyright, or other proprietary rights.

EFettle shall have the right to delete any User comment that is determined to be infringing on anyone’s Intellectual Property Rights (IPR). The user indemnifies EFettle against all claims arising from the infringement of a third party’s rights, arising from the User’s comment.

The user must

  • Ensure that the Comment is, in no way, harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, or libelous.
  • Ensure that the Comment does not infringe on the privacy of any other person
  • Ensure that the comment doesn’t contain any component that may be offensive, racially, or ethnically derogatory, insulting, or otherwise illegal in any way.
  • Ensure that the Comment does not jeopardize India's unity, integrity, defense, security, or sovereignty, cordial relations with other countries, or public order.
  • Ensure that the Comment does not instigate the conduct of any crime, or is derogatory to any other country.

EFettle reserves the sole right to delete any Content that it deems to violate any of these Terms and Conditions or any applicable law or statute at the time.

Upon agreeing, the User indemnifies EFettle from any and all legal claims that may arise as a consequence of the content posted by the user on the EFettle website/ blog.

6.3 COPYRIGHTS IN BLOG CONTENT

The EFettle Blog may contain material in the form of text, vectors, graphics and audio.

The content published on the EFettle Blog by any person (practitioner, user or otherwise) is protected by strict copyright and/or other intellectual property rights. EFettle retains all and exclusive rights over the content published on the Blogs. The copyright and other IPR in the EFettle Blog are either directly owned or have been licensed to EFettle by the owner(s) of these rights, to be used as content on the EFettle platform, as deemed fit. EFettle retains copyright and IPR on all content and information including, but not limited to, text, graphics, audio and visuals.

The user, or anyone else, may not copy (by printing onto paper, storing on disk, downloading or any other way), download, distribute, reproduce, edit, alter or broadcast any content from the EFettle platform.

In relation to content (in any format), EFettle does not allow its users or the public in general to

  • reproduce any part of the Platform;
  • sell or distribute any material for commercial gain;
  • modify or incorporate the content in any other work;
  • copy to and/or distribute any Information to any other server;
  • remove a notice of any copyright, trademark or other intellectual property (that was mentioned in the original material) from any material copied or printed off from Platform;
  • link any other material to the Platform, without our express written consent;
  • store the files on the computer for business/ commercial purposes;
  • post any content to any other website; and
  • modify or re-use text or graphics on this system or another system.
  • create and/ or publish a database featuring any of the EFettle content.
  • use data mining, robots or similar tools to extract any part of the EFettle website.

7. ELECTRONIC HEALTH RECORDS (EHR) FACILITY

For improved healthcare, EFettle provides its end-users the facility of Electronic Health Records (EHR) which is an electronic record of a patient’s medical history maintained by the provider over time.

Usually, there are two kinds of information in a user’s record

  • User-generated: Information uploaded by the user or generated via contact with the EFettle ecosystem.
  • Practice-created: Health records generated as a result of a user’s engagement with a Practitioner who utilizes the EFettle software or other EFettle services.

A user’s key administrative clinical data may include but is not limited to, personal information, demographics, medical issues, past medical history, medical investigations, medications, laboratory data and test reports.

The following are the specific provisions applicable to an Electronic Health Record.

7.1 EHR TERMS AND PRIVACY POLICY

A user’s health records are only produced when he/she has joined and expressly agrees to these terms.

7.2 COLLECTION OF INFORMATION

EFettle platform collects certain Personal Information, Sensitive Personal Data and/or medical information from the user.

Personal Information includes any information that relates to an individual and may include name, identity card number, date of birth, residential address, mobile number, email address, etc.

The medical information may include, but won’t be limited to, past medical history, treatment plan, prescriptions and test reports.

We understand that personal information is extremely private and sensitive. EFettle assures the users that any personal information shall be stored and used solely for the purpose of providing quality healthcare services to the users. This will help in providing hassle-free service and add to the convenience. EFettle will be able to offer customised services and assist the user with any queries.

A practitioner supplies EFettle without modifying or altering a patient’s health record. EFettle does not validate or make any representations in connection with the abovementioned material. If a user finds out any discrepancy or wishes to add, delete, or change the Health Record in any way, the User must notify the EFettle support team.

The user is advised to keep the cellphone number, email address and residential address up to date on the records. This will allow ease of access and provision of timely health records. The user can modify such information with ease. EFettle sends a confirmation every time a user modifies the contact information. EFettle shall not be liable for any damage or trouble incurred as a result of a failure to update the contact information.

7.3 ACCESS

To protect all health records, EFettle employs industry–standard security and encryption protocols. In case a user forgets his/her login credentials or they are somehow compromised, EFettle shall not be responsible for the occurrence of unauthorized access. The user must promptly notify EFettle in case he/she becomes aware of unauthorized access or an account breach is suspected.

A user may erase his/her records by contacting EFettle’s customer service department at support@efettle.co. However, it is to be mentioned that this would only erase the health records from the user’s account. The health records from the practitioner’s health records shall remain as is, in their separate accounts.

Efettle is not responsible, in any way, for the facts, Health Records, or the content of the Health Records. The Practitioner is solely responsible for the patient’s Health Records.

EFettle reserves the right to withdraw the Health Records without notification in case they have been disclosed improperly. In case of any constitutional court orders, EFettle shall try to share the Health Records, to respect the law of the nation.

The user accepts that EFettle may need access to the Health Record in case of technical or operational difficulty.

7.4 DATA SECURITY AND BREECH

EFettle has taken stringent measures to ensure data security of the EHR records. The internet is, however, not 100% safe and is prone to cyber threats, attacks, malwares and breech of data security. EFettle shall not be responsible for a loss of data or privacy under unforeseen circumstances like a cyber threat. The User must understand that EFettle does not provide 100% assurance regarding EHR data security. EFettle advises the User to keep a safe backup of his/ her medical records, lab tests, prescriptions and other health records, in case of a data loss.

8. WEBSITE CONTENT OWNERSHIP AND COPYRIGHT CONDITIONS OF ACCESS

EFettle owns all information collected directly or indirectly from the practitioners and the end-users.

The content on the website is either (a) user-generated or (b) EFettle-owned.

The content on the website, including but not limited to, information, logo, button icons, graphics, images, videos, software code, design, and the collection, arrangement, and assembly of content on the Website (collectively known as "Efettle Content"), is the property of EFettle. It is protected by copyright, trademark, and other laws.

EFettle allows the users to view and access material on the website exclusively for ordering, receiving, delivering and/or communicating as mentioned in this Agreement.

The users may not use any service for competitive purposes or to track the performance, functioning or availability of the practitioners.

The EFettle content is not allowed to be modified, reproduced, distributed, displayed or performed publicly. It may not be used for any commercial or personal purpose.

Copying the copyrighted material published by EFettle, for any commercial or profit-making purpose, shall constitute as a direct violation of copyright. EFettle reserves the rights applicable in this regard.

8.1 REVIEWS AND FEEDBACK

By using the website, the User accepts that any information that he/she discloses to EFettle or any practitioner will be subject to EFettle’s privacy policy.

The User shall be solely responsible for the comments, reviews or ratings (Critical content) regarding a practitioner or healthcare professional that you choose to submit for being published on the website.

As per the Information Technology Act of 2000, EFettle’s position in publishing Critical Content is limited to that of an "intermediary." EFettle is, in no way, responsible for the Critical Content. EFettle shall not be responsible to any User for any compensation for republishing anything on any of its platforms.

The User of the website undertakes not to publish any content on the website that

  • violates any third-party intellectual property, publicity, or privacy rights
  • violates any relevant law or regulation, including but not limited to the IG Rules and SPI Rules.

EFettle reserves the right to not publish any evaluation, comment or content, at its discretion, in light of relevant legislations.

The User of the website, hereby, accepts that EFettle may contact you for marketing purposes via phone, email, SMS, or any other electronic means of communication for

  • Obtaining feedback regarding the EFettle Website or its services;
  • Obtaining feedback on any Practitioners listed on the Website; and/or
  • Resolving a complaint, or query by a practitioner regarding your Critical Content.

8.2 REVIEWS AND FEEDBACK DISPLAY RIGHTS OF EFETTLE

All critical content on the website www.Efettle.com is generated by the end-users, customers and practitioners. EFettle’s position is limited to that of an intermediary under the Information Technology Act of 2000. EFettle shall not be liable for the critical content on the website.

EFettle reserves the right to collect comments and critical content from the practitioners, clinics and healthcare providers. EFettle, as an intermediary, takes necessary precautions to ensure that the critical content is published according to the applicable legislation. Any critical content not in congruence with the legislation shall be removed. Other than as required by the law, EFettle is not liable to pre-screen, filter, alter, flag or delete any or all critical content from a service.

The critical content uploaded on the EFettle website shall be governed by the rules mentioned in the Terms of Service with regard to third-party material.

By using the service, you acknowledge that you may be exposed to content that you may find inappropriate or offensive. EFettle shall not be accountable for an unfavourable impact of a critical content on a practitioner’s practice. Practitioners are hereby advised to proceed at their own risk.

In a case where providing inaccurate information or enabling fraudulent feedback comes to light, EFettle reserves the right to suspend the practitioner’s account without prior notification. EFettle shall also have the right to make a relevant declaration on the website alongside the practitioner’s name (and the clinic) to protect the business and the Users.

8.3 INDEPENDENT SERVICES

The usage of service grants you the rights and duties exclusive to that service. It doesn’t constitute the rights to any other EFettle service.

9. USER FEEDBACK

EFettle takes the practitioners as an important part of the EFettle platform. EFettle wants to ensure that both- the practitioners and the users benefit from their time on the EFettle platform.

The practitioners acknowledge that EFettle shall not be liable, in any way, for any comments or feedback submitted by a user regarding a practitioner or the services rendered. EFettle reserves the right to publish, alter, moderate, or mask (when required by the law) the feedback provided by a user, as per its exclusive discretion.

9.1 RIGHTS AND OBLIGATIONS RELATING TO CONTENT

EFettle hereby informs all its Users that they are not authorized to host, upload, display, change, publish, transmit, update, or distribute any information that:

  • belongs to another person and to which the User has no right to access;
  • is related to another person and to which the User has no right to access;
  • is, in any way, harmful, harassing, defamatory, obscene, pornographic, pedophilic, or invades another person's privacy;
  • is hateful, or racially, ethnically objectionable, derogatory, related to or encouraging money laundering or gambling, or otherwise illegal in any way;
  • inflicts any damage on minors in any way;
  • infringes on any patent, trademark, copyright, or other kinds of proprietary rights;
  • infringes on any legislation, including any that has been enacted recently;
  • deceives or misleads the addressee about the origin of such messages
  • sends any material that is offensive or menacing in character;
  • helps someone impersonate anybody else;
  • includes software viruses or any other computer code, files, or programs intended to disrupt, damage, or limit the operation of any computer resource;
  • violates India's unity, integrity, defense, security, sovereignty, cordial relations with foreign states, or public order;
  • hampers the investigation of any offense, induces to commit any cognizable offense, or insults any other nation.

9.2 USER ADVISORY

EFettle advises and prohibits all users of the platform from:

  • violating the integrity of the EFettle website or any other EFettle content and/or any infringement of its security;
  • providing any information on or through the Website that may be disruptive or competitive to Efettle's provision of Services (including job postings, communications, and hyperlinks);
  • intentionally submitting any information on the website that is incomplete, fraudulent, or incorrect;
  • contacting any other Users from the platform in an uninvited or inappropriate manner;
  • navigating the EFettle Website using any engine, software, tool, agent, or other mechanisms like spiders, robots, avatars, or intelligent agents;
  • trying to read, disassemble, or reverse engineer the Website in any way;
  • copying or duplicating any content or material on the EFettle website or allied content in any manner, for any purpose;
  • framing, hot linking or deep linking any EFettle Content;
  • bypassing or disabling any of the Software's digital rights management, usage rules, or other security features

In an event where it is determined that a User has violated any relevant law, rules, regulations, the Agreement or the Privacy Policy, EFettle reserves the right to immediately terminate the User's access to the Website and any related Services, without any notification. EFettle also reserves the right to remove any information found in non-compliance on the Website.

When EFettle obtains knowledge of a violation by itself or directly from an affected person in writing or through email (signed with an electronic signature), EFettle shall be entitled to disable any such information. EFettle reserves the right to preserve the information and associated records for a minimum of 90 (ninety) days to be produced to any government authority for the purpose of investigation.

9.3 TERMINATION OF AN ACCOUNT

EFettle reserves the right to suspend or terminate a User’s access to the EFettle website and services, with or without prior warning. EFettle also maintains the right to pursue a legal recourse available to it, in an event when

  • A user has violated the Terms and Conditions of the Agreement;
  • A third party has complained of a breach of any of its rights as a result of the User’s use of any services;
  • EFettle is unable to verify or authenticate any information provided by the User to EFettle;
  • EFettle has valid reasons to believe that the User is engaged in unlawful, fraudulent or abusive behavior; or
  • EFettle, in its sole discretion, believes that a User’s conduct is adverse to the website’s interest, or it may expose the User, other EFettle users, or EFettle to legal responsibility.

When a User’s account is terminated or suspended for the reasons stated above, the User is deemed to lose any access to data, messages, files or any other material stored by him/her on the EFettle website. The User understands that he/she has ongoing backup data of the medical history as well as the medical services received.

In a case where a User’s account or rights have been temporarily suspended, indefinitely suspended, or terminated, the User may not use the Website and its Services using the same account or re-registering themselves using a new account.

10. GENERAL TERMS

10.1 LIMITATION OF LIABILITY

EFettle or any of its directors, employees, officers, agents, or service providers (collectively known as the "Protected Entities") shall, in no way, be liable for damages arising from or related to, the use (or inability to use) of the Website, the content, materials, and functions related to the User’s data, Services, or any other matter relating to the Website. The protected entities shall not be liable for any damages including, but not limited to, direct, indirect, special, incidental, consequential, exemplary, or punitive damages.

The Protected Entities are not responsible and will not be held accountable in any way for:

  • the Practitioner’s supply of service(s) to end-users who were contacted or managed through the EFettle platform, or a failure to provide the requisite services;
  • any content posted, exchanged, received or communicated on or via the Website by or on behalf of a user/ another person;
  • any unauthorized access to or a modification of any data or transmissions; or;
  • any other issue concerning the Website or related Services.
  • Loss of any privacy
  • Data security breech

In no event shall the total aggregate liability of the Protected Entities to any User exceed Rs. 1000/- in total (Rupees One Thousand Only). This shall include all the damages, losses, etc. (whether in contract or not, including, but not limited to, negligence or otherwise) arising from this Agreement or a User's use of the Website or Services.

10.2 DISPUTE SETTLEMENT: JURISDICTION AND APPLICABLE LAW

There may arise a dispute regarding the interpretation of this Agreement. The User accepts that the laws of India shall govern this Agreement and any contractual obligations between EFettle and the User.

Any dispute, claim or controversy that may arise out of or concerning this Agreement shall be resolved by arbitration in India before a single arbitrator appointed by EFettle. The Arbitration and Conciliation Act of 1996 shall govern any process of arbitration. The dispute or claim may be related to topics including, but not limited to, the scope or applicability of this Agreement, usage of the Website and services, or information to which the access has been provided.

Hyderabad will be considered as the venue of arbitration. Every procedure of the arbitration including, but not limited to, any awards, shall be conducted in English. The decisions will be final and binding on all parties involved in the dispute.

Subject to the above clauses, the courts of Hyderabad shall have exclusive jurisdiction over any disputes that may arise out of or with respect to this Agreement, the User’s usage of the website/ services, or the User’s provision of access to specific information.

10.3 AMENDMENTS

EFettle reserves the right to update or revise these Terms and Conditions from time-to-time. The User must check the relevant Terms and Conditions and Privacy Policy before using the EFettle platform. This will ensure that the User understands the recent Terms & Conditions that are applicable.

10.4 EVENTS BEYOND CONTROL

There are events that are beyond anyone’s reasonable control (known as “Force Majeure”) which include, but not limited to, any act, event, omission or accident beyond reasonable control, like:

  • Protest, lockout or strike of any kind;
  • Civil unrest, terrorist attack, invasion, war (threat or preparation for it);
  • Storm, flood, earthquake, epidemic, fire or any other natural calamity;
  • An inability to use public and/or private telecom and transportation systems;
  • An act, decree, legislation or regulation passed by Government or public authorities.

EFettle’s shall not be liable for delay in the provision of or an inability to provide the promised services under such trying circumstances. The obligations from the binding agreements shall be considered suspended during the period with Force Majeure in effect. EFettle shall receive an extension to fulfil these obligations.

10.5TERMINATION:

EFettle

  • Reserves the right to refuse the services in case a User’s conduct is deemed unfit in light of the applicable terms, law, rules of these T&C;
  • May terminate this arrangement, with or without cause;
  • Reserves the right to suspend its obligations indefinitely in an event where there are significant changes in the applicable laws.

10.6GRIEVANCE REDRESSAL: GRIEVANCE OFFICER

If a User has any queries regarding EFettle, the Website, this Agreement, the Services, or anything related to the EFettle platform, he/she can easily reach EFettle’s customer support at support@efettle.co. A user may even contact EFettle by using the contact information accessible at www.Efettle.com/contact.

If in case, a user has a complaint about the Website or service, including, but not limited to, discrepancies or grievances, the user can contact EFettle’s Grievance Officer. The Grievance Officer has been appointed in accordance with the Information Technology Act of 2000 and the rules made thereunder. Any grievance may be directed to such grievance officer at the below-mentioned coordinate:

Name: Mahesh. T

Efettle Health services Pvt Ltd

No.4-38-31/4, Deenabandhu Colony, Kukatpally, Medchal

Malkajgiri, Hyderabad, Telangana, 500072

Phone: 8639461392

Email:privacy@Efettle.com

If a User believes that EFettle or anyone associated with us has misused any Personal Information and/or Sensitive Personal Data, please contact us immediately and report any misuse. We would address any questions, comments and concerns about EFettle’s online privacy practices and policy.

10.7 SEVERABILITY

In a case where a provision of the Agreement cannot be enforced under the applicable law, by a court of competent jurisdiction or an arbitral tribunal, that provision shall be excluded from the Agreement. This means that the remainder of the Agreement shall be interpreted as if that provision were so excluded. The remainder of the Agreement shall be enforceable to the greatest extent possible, under applicable law in accordance with its terms and conditions.

10.8 WAIVER

No aspect or provision in any Terms and Conditions will be deemed waived unless such waiver or consent is in writing and signed by EFettle. A violation of any kind shall not be forgiven. Any stated or implied permission by EFettle to, or waiver by EFettle of, any violation by anyone does not constitute consent to, waiver of, or excuse for any other different or subsequent breach by you.

11. BINDING AGREEMENTAND MODIFICATIONS

EFettle reserves the right to modify, add, alter, update, change, edit, amend, review, reviseor substitute this Policy with or without prior notice.

By using or accessing this Digital Platform, the Users understand and agree to have read the Terms and Conditions. The Users acknowledge that they shall be bound by the terms of this Agreement including the modifications of any kind, as mentioned. EFettle reserves a right to terminate the services of any User who do not subscribe or violate the terms of this Agreement. The User is a general term which includes the actual User, Practitioner and the general public at large.

EFettle advises the Users to check these Terms and Conditions frequently for any updates. Availing of a service or an interaction on the EFettle platform shall be taken as an acknowledgment and agreement to these Terms and Conditions.

The practitioners must abide these Terms and Conditions as well as General Practitioners Terms and Conditions.