C - 94, Satya Vihar, Lal Kothi Scheme,
Lalkothi, Jaipur, Rajasthan, India 302015
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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 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.
The information and communication services contained in this site are intended for our professional healthcare provider, 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. The Services are not intended to diagnose, treat, cure or prevent any disease. 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.
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 8 (Copyright) below.
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.
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.
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).
6.6. 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.
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.
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.
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.
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.
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.
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.
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
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.
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.
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.
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.
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 +91-8929920932, or by sending email@example.com.
Fitkid Health Tech Private Limited (“us”, “we”, “Fitkid”, “Healthgennie” or “Company”, which also includes its affiliates, assigns) is the creator and owner of the website www.healthgennie.com (“Website”) on the world wide web as well as the software and applications provided by healthgennie, including but not limited to the mobile application ‘healthgennie’, and the software and applications of the brand names ‘healthgennie ’ (together with the Website, referred to as the “Services”).
• What information we collect and why.
• How we use that information.
• How to access and update information
Healthgennie and its employees are committed to obtaining, maintaining, using and disclosing patient health information in a manner that protects patient privacy. We will only use or disclose the minimum amount of your health information, we consider necessary to perform a work or complete transaction. This note applies to all health information that we maintain. Your doctor/practitioner/medical or advisor may have different notices regarding his/her use and disclosure of your health information created in his/her office.
Healthgennie is required by law to inform you this requirement of Privacy Practices with respect to health information, to maintain the privacy of patient health information, to state the uses and disclosures of information that Healthgennie may make and our legal duties with respect to collective information. Your information at Healthgennie includes personal and medical information (such as your name, address, date of birth, allergy, test ordered, etc.) that we obtain from you, your physician, health plan or other sources.
Healthgennie may collect the following kinds of information on behalf of your Organization when you, your colleagues or other users access the Services:
Practitioner/ Doctor/ Patient/ Customer data (“Customer”) who subscribe the services. Through use of the Services, you, your colleagues, your Organization and other users will directly provide or submit information to Healthgennie ("Customer Data"). Customer Data includes, for example:
1. Contact information, such as full name, phone no and email address;
2. Demographic information (such as your gender, your date of birth and your pin code);
3. Username and password;
4. Work title, department information and other information related to your work or Organization;
5. Data regarding your usage of the services and history of the appointments made by or with you through the use of Services;
6. Information that other people provide about you when using the Services, including when they send a message to you or upload information about you;
7. All communications with other users of the Services;
8. User communications, feedback, suggestions and ideas sent to us;
9. Billing information; and
10. Information that you provide to us when you or your Organization contact or engage us for support regarding the Services.
1. Your Health Information will be used or disclosed for treatment, payment or healthcare operations purposes and for other purposes permitted or required by law.
2. If we wanted to use or disclose your Health Information for other purposes, we would have to obtain your written authorization. You have the right to revoke your authorization at any time, except if we have already made a disclosure based on that authorization.
3. As permitted or required by Law- We may use or disclose your Health Information for various public policy purposes that are authorized or required by federal or state law. We must provide you with copies of your Health Information at your request, except where restricted or prohibited by state law.
Log and cookie data. We automatically collect certain information on your Organisation/ customer's behalf through the Services, such as your Internet protocol (IP) address and other browser or device identifiers, browser type, operating system, crash data, Internet service provider, pages that you visit before and after using the Services, the date and time of your visit, information about your activities and other regular server log information ("Log and Cookie Data").
We use the information that we have to help verify subscription and activity and to encourage safety and security on and off our Services on your behalf, such as by examine suspicious activity or violations of our terms or policies. We attempt to protect Your Account using advanced technology.
If you have questions or concerns regarding the privacy or confidentiality of your subscription, Health Information, or other relate queries or you wish to register a complaint, please contact us by writing to the address located at the beginning of this notice, or by +91-8929920932, or by sending firstname.lastname@example.org.