For all purposes Viecare (“we”, or “VieCare”) is the author and publisher of the online resource on the internet. The website is sole property of VieCare. Except where noted, conditions for use with respect to the Viecare Sites also apply to the VieCare Mobile Device Applications (or "Apps") for iPhone, iPad and Android devices etc.
If you have any questions about any part of the Agreement, please contact us at ceo@VieCare.in
These Terms and Conditions are governed by the internal substantive laws of the State of Georgia, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
CONDITIONS OF USE
VieCare has designed this service to support your health management. Please note that this Site is not intended or designed to attract children under the age of 14.You must be 14 years or above of age to create account, use the Services, or visit or use the Website in any manner. By creating account, visiting and using the Website or accepting this Agreement, you represent and declare to VieCare that you are 14 years of age or above, and that you have the right, authority and capacity to use the Website and the Services available through the Website, and agree to and abide by this Agreement.
Use of Content
All the information and material available on VieCare website can be viewed and downloaded by its user for personal and non-commercial use. There can be additional rules for some of the contents and information published on the website which needs to be followed as and when required.
If you violate the agreement, your permission to use the Content automatically terminates
USER ACCOUNT AND DATA PRIVACY
VieCare may use your contact details submitted on the website like email id or phone numbers for taking your valuable feedbacks and for updating you with our latest services.
i.The type of information collected from Users, including sensitive personal data or information;
ii.The purpose, means and modes of usage of such information;
iii.How and to whom VieCare will disclose such information; and,
i. The type of information collected from the User or submitted by the Users, including sensitive personal data or information;
ii. The purpose, means and modes of usage of such information;
iii. How and with whom VieCare may share such information submitted by you; and
iv. How we protect your information
Users are expected to submit appropriate information. VieCare shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information or data submitted by the User or authorize user.
At VieCare website you can submit and store you information. The User is responsible for taking all reasonable steps for maintaining the confidentiality of the User’s account access information and password, if the User is registered on the Website. 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 promptly inform VieCare, if you suspect that your account with our website has been compromised and of any actual or suspected unauthorized use of the User’s account or password. Although VieCare will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of VieCare or others due to such unauthorized use.By using our services you have granted permission to VieCare and its staff and all other persons or entities involved in the operation of the Site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Site. You may understand that VieCare cannot and does not accept any responsibility or liability for any information you submit, or your or third parties' use or misuse of information transmitted or received using VieCare tools and services.
All the users are requested to submit correct and appropriate information. In case a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or VieCare has reasonable grounds to suspect that such information and VieCare reserves the right to discontinue the Services to the User at its sole discretion.
The use of the VieCare Site and the Content is at your own risk. The VieCare will take efforts to maintain Health account at its best. When using this Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of VieCare and its suppliers. While we strive to maintain the highest levels of service availability, VieCare is not liable for any interruption that may be caused to your access of the Services for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the VieCare Site
It is the responsibility of the user to keep your correct mobile number and email ID updated in the Health Account. The records will be sent to the account associated with this mobile number and/or email ID. Every time you change any contact information (mobile or email), we will send a confirmation. VieCare will not be responsible for any loss or inconvenience caused due to your non-updation of your contact details for the Health Account.
The Site Does Not Provide Medical Advice
The information, data, contents of the VieCare Site, such as text, graphics, images, information obtained, and other material contained on the site are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. We make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, quality of work, expertise or other information provided on the Website. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on this Site.
The Services are not intended to be a substitute for getting in touch with emergency healthcare. If you are an End-User facing a medical emergency (either on your or a another person’s behalf), please contact an ambulance service or hospital directly.
The ranking system of VieCare for the Practitioners is a fully automated system that lists the Practitioners and their profile. VieCare at present do not have any specific or fixed objective for listing of the Practitioners. The listing of Practitioners will be based on automated calculation of the various factors such as inputs made by the Users including their comments and feedback etc. Such factors may change from time to time, in order to improve the listing system based on the feedback received from users. VieCare will not be liable for any change in the ranking of the Practitioners, which may take place from time to time. VieCare in no event will be held responsible for the accuracy and the relevancy of the listing order of the Practitioners on the Website.
VieCare would not be responsible, 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.
APPOINTMENT BOOKING WITH HOSPITALS/NURSING HOMES/PRACTITIONERS/WELLNESS CENTERS AND INTERACTION
VieCare will not book any appointment for the users. They may online book the appointments. VieCare does not guarantee that a patient will get a confirmed appointment. Further, VieCare has no liability if such appointment is confirmed online but later cancelled by Practices or Practitioners, or the Practitioners are not available as per the given appointment time.
VieCare is not liable regarding any interactions and associated issues with other Users including but not limited to your health issues and your experiences is strictly between you and the other Users.
VieCare does not recommend any Hospital/nursing home/diagnostic center/Practitioner/wellness center and hence VieCare is not responsible for any outcome between you and the Hospital/Nursing Home and Practitioner you interact with, pursuant to any interactions on the Website. If you decide to engage with a Practitioner to provide medical services to you, you do so at your own risk. All available feedback would be of users and they would be responsible for it. Further as stated above listing of Hospitals/labs etc are purely based on our system and is not the based on priority. The results of any search you perform on the Website for Hospitals/labs/Practitioners etc. should not be construed as an endorsement by VieCare of any such particular Practitioner.
VieCare shall not be responsible for any breach of service or service deficiency by any Hospital/labs/Practitioner etc. As stated above we are not recommending any service provider and we cannot assure nor guarantee the ability or intent of the Practitioner(s) to fulfill their obligations towards you. We advise you to perform your own investigation prior to selecting a Practitioner.
We would clarify it here that without prejudice to the generality of the above, VieCare will not be liable for:
Service provided by any Hospital/lab/Practitioner including consultation ,any wrong medication or treatment quality or any medical negligence on part of the Practitioner(s) ;
Any type of troublesomeness underwent by the User due to a failure on the part of the Hospital/lab/Practitioner to provide agreed services or to make himself/herself available at the appointed time, no show by the Practitioner, inappropriate treatment, or similar difficulties;
any misconduct or inappropriate behavior by the Practitioner or the Practitioner’s staff or Hospital and lab staff;
cancellation or rescheduling of booked appointment;
Any variance in the fees charged;
any medical eventualities that might occur subsequent to using the services of a Practitioner, whom the User has selected on the basis of the information available on the Website or with whom the User has booked an appointment through the Website.
All the users would be sole responsible for their feedback. The option of Users to give feedback remains at our sole discretion and may be modified or withdrawn at its sole discretion. VieCare shall not be obliged to act in any manner to give effect to the content of Users’ feedback, such as suggestions for delisting of a particular Practitioner from the Website. VieCare may temperate or delete such feedback at any time
It is hereby expressly clarified that, the Information that you obtain or receive from VieCare, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Website is for informational purposes only. We make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, quality of work, expertise or other information provided on the Website. In no event shall we be liable to you or anyone else for any decision made or action taken by you in reliance on such information.
RIGHTS AND OBLIGATIONS RELATING TO CONTENT
You agree to only post or upload Media (like photos, videos or audio) that you have taken yourself or that you have all rights to transmit and license and which do not violate trademark, copyright, privacy or any other rights of any other person. Photos or videos of celebrities and cartoon or comic images are usually copyrighted by the owner.
You agree that you will not upload any data or content that is unacceptably harmful, offensive, harassing, defamatory, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
You agree that you will not upload any content which contain expression of hate, abuse, offensive images or conduct.
You will not upload any content which has obscenity, sexually explicit, pornography or any material that is harmful to children.
You agree that you will not upload any material that could give rise to any civil or criminal liability under applicable law or regulations.
Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
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
You agree that you will not upload any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or this website.
Intrude on any copyright and patent or other proprietary rights
You agree to indemnify VieCare and its associates, founders, officers and employees and hold them harmless from any and all claims and expenses, including attorneys' fees, arising from the media and/or your failure to comply with these the terms described in this document.
VieCare reserves the right to review the content prior to submission to the site and to remove any content for any reason, at any time, without prior notice, at its sole discretion
Advertisements, Searches, and Links to Other Sites
VieCare provides links to third-party web sites of practitioners/hospitals/labs etc. VieCare may select certain sites as priority responses to search terms you enter and VieCare may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. Please note VieCare does not recommend and does not endorse the content on any third-party websites. VieCare will not be responsible for the content of linked third-party sites, sites framed within the VieCare Site, and does not make any representations regarding their content or accuracy. All sponsored contents are for information and users are free to consider them. VieCare does not recommend or endorse any such content.Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites.
LIMITATION OF LIABILITY
Please note that as stated in some of the sections of this agreement, in no event, including but not limited to negligence, shall VieCare, or any of its founders, directors, officers, employees, agents or content or service providers be liable for any direct, indirect, special, incidental, significant, 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, the Services, User’s provision of information via the Website, lost business or lost End-Users, even if such Protected Entity has been advised of the possibility of such damages. In no event shall the Protected Entities be liable for:
i.provision of or failure to provide all or any service by Practitioners to End- Users contacted or managed through the Website;
ii.any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Website;
iii.any unauthorized access to or alteration of your transmissions or data; or
iv.any other matter relating to the Website or the Service.
In no event shall the total aggregate liability of the Protected Entities to a User for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from this Agreement or a User’s use of the Website or the Services exceed, in the aggregate Rs. 1000/- (Rupees One Thousand Only).
10.APPLICABLE LAW AND DISPUTE SETTLEMENT
You agree that the agreement will be governed and interpreted in accordance with the laws of Republic of India and any disputes arising from the agreement or relating thereto will be subject to the exclusive jurisdiction of the Courts in Delhi.
Any user can contact VieCare in case of any question concerning our website or in case of any Grievace. The user can contact on ceo@VieCare.in .
No provision of this Agreement shall be deemed a further or continuing waiver of such term or condition or any other term or condition, unless such waiver or consent shall be in writing and signed by VieCare. Any consent by VieCare to, or a waiver by VieCare of any breach by you, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.