TERMS OF USE

www.healthgennie.com (“healthgennie” or “site”) website is Internet-based online information and communication service intended for the use of professional healthcare providers (whether an individual, professional or an organization) (“practitioner”) or a patient, his/her representatives or affiliates, searching for Practitioners/Doctors/Hospitals/treatments through the Website. By accessing or using healthgennie site you agree to be bound by the terms and conditions of this USER AGREEMENT (this "Agreement").
If you do not wish to be bound by this Agreement, you may not access or use healthgennie's site.

Fitkid Health Tech Private Limited (“Fitkid” or “Company”) manage healthgennie and may modify this Agreement at any time, and such modification shall be effective immediately upon either the posting of the modified Agreement or notifying you, at our option. You agree to review this Agreement periodically to ensure that you are aware of any modifications. Your continued access or use of healthgennie shall be deemed to be your acceptance of the modified Agreement. 

This Terms of Use also applies to those services made available by healthgennie on the Website, which are offered free of charge to the Users (“Services”), including the following:

i. For Practitioners/ Doctors/ Hospitals: Listing of Practitioners/ Doctors/ Hospitals and their profiles, to be made available to the other Users and visitors to the Website;

ii.For other Users: Facility to
(a)Create and maintain ‘Health Accounts’,
(b)Search for Practitioners/ Doctors/ Hospitals by name, specialty, and geographical area, or any other criteria that may be developed and made available by healthgennie, and
(b)To make appointments with Practitioners.

1.Disclaimer

The information and communication services contained in this site are intended for our professional healthcare provider, doctors, hospitals, clinics, patients, and customers and should not be construed as medical advice. Healthgennie SERVICES, SOFTWARE, INFORMATION and DATA (the "Services") accessed through healthgennie are provided "AS IS" without warranty, express or implied. Healthgennie hereby excludes all implied warranties of merchantability for a particular use or purpose with respect to the Services. There are no warranties, which extend beyond the description on the face of this Agreement. Healthgennie makes no warranty as to the reliability, accuracy, timeliness, usefulness, adequacy, completeness or suitability of the Services.

Healthgennie cannot and does not guarantee against machine errors, omissions, delays, interruptions or losses, including loss of data. Healthgennie cannot and does not guarantee or warrant that files available for downloading from this online site will be free of infection by viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties. Users of healthgennie are responsible for
(1) put into practice and sustain adequate procedures and checkpoints to satisfy their particular requirements for accuracy of data input and output and
(2) maintaining a means external to healthgennie for the restoration of any lost data.

2.Limited License

By this Agreement, healthgennie grants, subject to the terms of this Agreement, only a limited, non-transferable and non-exclusive license to use the software and documentation necessary to access, explore and otherwise use healthgennie in real time and to use the matter/data in healthgennie in a manner consistent with paragraph 12 (Copyright) below.

3.User Agreement

You agree to:
(a) maintain all documents required for your access to and use of healthgennie;
(b) maintain the security of your user identification, password and other confidential information relating to your healthgennie account; and
(c) be responsible for all consequences resulting from use of your healthgennie account, including unauthorized use prior to your notifying healthgennie of such use and taking step to prevent its further occurrence by changing your password.

4.Online interactions

You are responsible for your interactions and your use of healthgennie. You may not, under any circumstances, do any of the following:

(a) use one account for all your transactions;

(b) post or transmit any note, message which is slanderous or defamatory;

(c) post or transmit any note, message, data, image or program which is indecent, obscene or immoral;

(d) post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing approach;

(e) use healthgennie to threaten, harass, stalk, abuse, or otherwise violate the legal rights (including rights of privacy and publicity) of others;

(f) intercept or attempt to intercept email or other private communications not intended for you;

(g) send email to Users or other Internet users for any purpose other than personal communication, including to advertise or make any unsolicited offer to sell goods or services to other Users;

(h) upload or download files that contain software or other material protected by intellectual property laws, rights of privacy or publicity, or any other applicable law unless you own or control the rights to such files or have received all necessary consents;

(i) upload files that contain a virus or corrupted data;

(j) use healthgennie in a manner that adversely affects the availability of its resources to other Users;

(k) use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity that is not a subscriber to healthgennie the User directory or any portion thereof other than for personal, non-commercial purposes (except as otherwise expressly permitted by healthgennie);

(l) act, or fail to act, in your use of healthgennie, in a manner that is contrary to applicable law or regulation. 
In addition, you may not post or transmit any message which is harmful, threatening, abusive or hateful. Each time you upload a file on healthgennie, you represent and warrant that you own or otherwise control the rights or have the necessary consents to do so, and you grant every other User the right to download and use such file. Your disappointment to observe any of the abovementioned limitations or obligations arise civil or criminal liability.

5.Online Privacy Policy

Users of this site specifically agree to the terms set forth in the  healthgennie Privacy Policy that contains a detailed description of the information gathering and dissemination practices for healthgennie's web site. Healthgennie considers its Users' privacy to be of the utmost importance.

6.Subscription Services

Healthgennie will provide you the website subscription services which includes doctor’s, practitioner’s, patient’s and other users ancillary services accessible at http://www.HealthGennie.com for which a subscription amount is payable for usage (hereinafter referred to as the “Subscription Services”) is subject to the following terms and conditions.:

6.1.A condition of the User’s use of and access to the Subscription Services available provided by healthgennie to Users is the User’s acceptance of this Agreement. 

6.2.Multiple Users are not permitted to share the same/single log¬in.

6.3.Users may not transfer (including by way of sublicense, lease, assignment or other transfer, including by operation of law) their log¬in or right to use the Subscription Services to any third party. You, the User, are solely responsible for the way anyone you have authorized to use the Subscription Services and for ensuring that all of 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.

6.4.You agree that you will not engage in any activity that interferes with or disrupts the Subscription Services (or the servers and networks which are connected to the Subscription Services).

6.5.You agree that you are solely responsible for (and that healthgennie has no responsibility to you or to any third party for) any breach of your obligations under the Terms of Use and for the consequences (including any loss or damage which healthgennie may suffer) of any such breach.
6.6.Healthgennie may add new Subscription Services for additional fees and charges or may amend fees and charges for existing Subscription Services, at any time in its sole discretion. Fees stated prior to the Subscription Services being provided, as amended at Healthgennie’s sole discretion from time to time, shall apply.

6.7.The User agrees to pay all subscription fees, consulting fees and other fees applicable to User’s use of Subscription Services and the User shall not get out of the fee structure. 

6.8.Each User is solely responsible for payment of all taxes, legal compliances, and statutory registrations and reporting. Healthgennie is in no way responsible for any of the User’s taxes or legal or statutory compliances, except for its own due diligence.

6.9.The fees once paid by the user shall be non-refundable and non-transferable.

7.Book Appointment and Call Facility


7.1.Healthgennie enables Users to connect with Practitioners/ Doctors through two methods: a) Book facility that allows Users book an appointment through the Website; b) Telephonic services which connect Users directly to the Practitioner’s/ Doctor’s number provided on the Website, visible only to the subscribed users.

7.2.Without prejudice to the generality of the above, Healthgennie is not involved in providing any healthcare or medical advice or diagnosis and hence is not responsible for any interactions between User and the Practitioner/ Doctor. User understands and agrees that Healthgennie will not be liable for:
7.2.1.User interactions and associated issues User has with the Practitioner/ Doctor;

7.2.2.the ability or intent of the Practitioner/ Doctor(s) or the lack of it, in fulfilling their obligations towards Users;

7.2.3.any wrong medication or quality of treatment being given by the Practitioner(s) / Doctor(s), or any medical negligence on part of the Practitioner(s) / Doctor(s);

7.2.4.inappropriate treatment, or similar difficulties or any type of inconvenience suffered by the User due to a failure on the part of the Practitioner/ Doctor(s) to provide agreed Services;

7.2.5.any misconduct or inappropriate behaviour by the Practitioner/ Doctor(s) or the Practitioner’s/ Doctor’s staff;

7.2.6.cancellation or no show by the Practitioner/ Doctor(s) or rescheduling of booked appointment or any variation in the fees charged;

8.Order medicines and other medicinal products Facility

This feature is an online portal to provide the facility of online delivery of medinines. By using this feature of Healthgennie, User understands and agrees that Healthgennie provides this facility by third party based services and not liable for:
8.1.The side effects that may be caused or arise owing to the use of the medicines and/or medicinal products;
8.2.the alternative medicines/medicinal products that may be used for certain type or category of medicines/medicinal products, as provided by the third party;
You understand that any information provided under this feature is not intended to serve as a substitute for clinical advice and should not be relied upon while making treatment related decisions. You are hereby notified that the medicines and/or medicinal products related information differs from patient to patient and their treatments and neither Healthgennie nor the content owner is responsible for the usage of the medicines. Healthgennie provides information here on an ‘as is’, basis and not with an intention to replace consultation with a qualified medical practitioner/ Doctor.

9.Operation

Healthgennie reserves complete and sole discretion with respect to the operation of its site and reserves the right to withdraw, suspend or discontinue any functionality or feature. Healthgennie may, in its complete and sole discretion, review uploaded files and authorize restrictions on access thereto.

10.No Doctor-Patient Relationship; Not for Emergency Use

It is hereby expressly clarified that, the Information that you obtain or receive from Healthgennie, 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.

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.

11.User Representations

User/You represent and warrant that you are at least 18 years of age and that you possess the legal right and capability to enter into this Agreement and to use healthgennie's web site in accordance with this Agreement. You agree to be solely responsible for your use of healthgennie (as well as for use of your account by others) and to comply with your responsibilities and obligations as stated in this Agreement.

12.Copyright

This site is owned and operated by Fitkid Health Tech Private Limited and contains material which is protected by copyright and trademark laws of India. You may not copy, reproduce, republish, upload, post, transmit, or distribute original images and information or materials from this site without prior permission from Fitkid.

13.Indemnification

You agree to indemnify, defend and hold harmless healthgennie/Fitkid, its officers, directors, employees, agents, representatives and suppliers from and against all losses, expenses, damages and costs, including reasonable attorney's fees, resulting from any violation of this Agreement or any action related to your account by you or any other person accessing healthgennie using your account.

14.Warranty

We endeavor to provide the best service we can, but you understand and agree that THE HEALTHGENNIE SERVICE IS PROVIDED “AS IS”, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. YOU USE THE healthgennie SERVICE AT YOUR OWN RISK. HEALTHGENNIE DISCLAIMS ANY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. In addition, healthgennie does not warrant, endorse, guarantee or assume responsibility for any Third Party Applications, Third Party Application content, User Content. You understand and agree that healthgennie is not responsible or liable for any transaction between you and third-party providers. As with any purchase of a product or service through any medium or in any environment, you should use your judgment and exercise caution where appropriate. No advice or information whether oral or in writing obtained by you from healthgennie shall create any warranty on behalf of healthgennie in this regard. 

15.Limitation of liability

IN NO EVENT SHALL healthgennie BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THESE TERMS OF USE, EVEN IF USER HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.

16.TerminationM

Either you or healthgennie may terminate your right to use healthgennie's site at any time, with or without cause, upon notice. Healthgennie also reserves the right to terminate or suspend your site membership without prior notice, but healthgennie will confirm such termination or suspension by subsequent notice. The provisions of paragraphs (License), (Copyright), (Indemnification), (Warranty), and (Arbitration) shall survive any termination of this Agreement.

17.Notice

Healthgennie may deliver notice to you under this Agreement by means of electronic mail, a general notice on healthgennie or by written communication delivered by mail or registered post to your address on record in healthgennie's account information. You may give notice to healthgennie at any time via electronic mail or by letter delivered by registered post or overnight courier to the following address:

Fitkid Health Tech Private Limited
C-94 Lal Kothi Scheme, 
Jaipur- 302015, Rajasthan
Ph: 8949597147
Email: info@healthgennie.com
Website: Https://www.HealthGennie.com

18.Entire Agreement

The Terms of Use, including, without limitation, the incorporated Conditions, Privacy Statement and other terms incorporated by reference, constitute the entire agreement and understanding between you and Healthgennie/ Fitkid with respect to the subject matter hereof and supersedes all prior or contemporaneous communications and proposals, whether oral or written, between you and Healthgennie/ Fitkid with respect to such subject matter.

19.Arbitration

By using the Healthgennie Platform, user agrees that:

(i) any claim, dispute, or controversy user may have against healthgennie arising out of, relating to, or connected in any way with this Agreement, the healthgennie Platform, or the purchase of any products, shall be resolved exclusively by final and binding arbitration administered by the Arbitration and Conciliation Act, 1996 and conducted before a single arbitrator pursuant to the applicable Commercial Arbitration Rules, including those applicable to Commercial Disputes. The arbitrator will apply and be bound by this Agreement, apply applicable law and the facts, and issue a reasoned award.

(ii) the arbitration shall be held in Jaipur, Rajasthan, India;

(iii) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only the user’s and/or healthgennie’s individual claims; and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; and

(iv) if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Arbitration Rules, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. Notwithstanding the foregoing, nothing contained herein shall prevent healthgennie from commencing any action or proceeding before any court of competent jurisdiction to obtain injunctive relief or other relief in the event if, in the opinion of healthgennie such action is necessary or desirable to protect healthgennie’s intellectual property rights.

20.Severability

The provisions of this Agreement are severable, and in the event any provision hereof is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions hereof.

21.Independent Services

Your use of each Service grant upon you only the rights and obligations relating to such Service, and not to any other service that may be provided by healthgennie.

22.Online Privacy Policy

Fitkid Health Tech Private Limited/ healthgennie take the issue of privacy very seriously. We want to provide visitors to our site the security, privacy and confidentiality that they expect from a healthcare services provider. 

Healthgennie does not collect any personal information from anyone who is merely visiting or browsing the site. Personal information is collected if the visitor chooses to request document through download or mail, sends healthgennie an email message or uses the client account section of our website.
Please visit and read our Privacy Policy at http://www.healthgennie.com. As it is part of these terms of use.

23.Contact Us

If you have questions or concerns regarding the privacy or confidentiality, or you wish to register a complaint, please contact us by writing to the address located at the beginning of this notice, by 8949597147 or by sending info@healthgennie.com

Healthgennie reserves the right to amend this Terms of Use for Privacy Practices, at any time, and these changes will apply retroactively. Any such changes will be applicable to and effective for all Health Information of patients and health care practices of practitioners and professionals that any changes thereof we created or change will be intimated.

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