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terms of use

Please read these terms of use (“Terms”), a legal agreement between Famhealth Private Limited, a company incorporated under the Companies Act, 2013, having its principal place of business at 50/8, First Floor, Tolstoy Lane, Janpath, New Delhi 110001, India (Hereinafter “Famhealth” including its affiliates and agents) of the one part and Healthcare Professionals (hereinafter referred to as “Healthcare Professional”) and Users (hereinafter referred to as “Users”) (Healthcare Professionals and Users collectively referred to as “You”, “Yours”) of the other part.

These Terms shall govern use of and access to http://www.famhealth.in (the “Website”), the “Famhealth” technology platform accessible through desktops, mobile phones, smart phones and tablets (the “Application”) consisting of hardware and / or software, and other services as may be introduced by Famhealth from time to time (hereinafter “Website” and “Application” collectively referred to as “Software”). Famhealth is the owner of the Software offered to the Healthcare Professionals and Users.

Please carefully go through these Terms and the privacy policy available at http://www.famhealth.in (“Privacy Policy”) before you decide to access or use the Software made available by Famhealth. These Terms and the Privacy Policy together constitute a legal agreement (“Agreement”) between You and Famhealth in connection with Your access and use of the Software.

By clicking “sign up” or the “I accept” tab at the time of registration, or by entering into an agreement with Famhealth or through the continued use or accessing the Software, You agree to be subject to these Terms.

We request You to please read these Terms carefully and do not click “sign up” or “I accept” or continue the use of the Website, Applications and Services unless You agree fully with these Terms.

1. Definitions
As used in the Terms, the following shall have the meaning set forth below:

“Effective Date” means the Date on which You accept these Terms by clicking “Sign Up” “I Accept” or entering into an agreement with Famhealth.
(ii) “Healthcare Professionals” are professionals such as Doctors, Nutritionists, Dieticians, Medical Practitioners who have valid licenses/registrations, are eligible and qualified to practise in India or other jurisdictions in the world.
(iii) “Healthcare Professionals Information” means the information provided by the professionals pertaining to their name, qualification, experience, specialization, registration/license, educational or professional experiences.
(iv) “Famhealth Information” shall mean and include information and educational material shared by Famhealth on the Famhealth Software including information provided by Healthcare Professionals by way of responses to questions/queries raised by Users relating to treatment options in general, nutrition, diet, exercise, counselling and support, de-stressing, importance of lifestyle modifications and related areas to promote better health for people and their families in interviews conducted by Famhealth and published in newspapers, magazines and other print media, on television, radio and electronic media (including the Internet), chat messages, Famhealth App., social media, in theatrical media and/or in mailings, support groups, communities, internal and external communications of Famhealth or in course of private consultations for spreading awareness.
(v) “Users” means a person who could be a patient, caretaker of a patient, family member or any third party who has downloaded and registered on the Famhealth App.
(vi) “User Information” means information regarding Users which includes personal and medical information such as details of the medical condition they or their family members or third parties are suffering from , including photographs, and any other information which may be provided by Users to the Healthcare Professionals or Famhealth by using the Famhealth App. or directly to the Healthcare Professional.

2. Registration on the Famhealth Website and/or Famhealth App
As Healthcare Professional:

In order to be able to register as a Healthcare Professional on Famhealth App., Healthcare Professionals represent and warrant that: (a) they are at least eighteen (18) years of age and have the authority to enter into this Agreement; (b) this Agreement is binding and enforceable against the Healthcare Professional(s); (c) The Healthcare Professional is duly registered/possess a valid license, are eligible and qualified to practise in India or other jurisdictions in the world and (d) most importantly they will need to register by creating an account (“Account”) and provide accurate and complete registration information (including, but not limited to a User name, e-mail address, password they will use to access the Famhealth App.) and to keep the registration information accurate and up-to-date. Failure to do so shall constitute a breach of the Terms, which may result in immediate termination of the Account.
As Users:

In order to access and use the features available on the Website and/or Famhealth Application offered by Famhealth and for availing services offered on the Website and/or Famhealth Application, Users will need to accept the Terms and then create a login account (“Account”) wherein Users will need to provide personal details and details about the history of the medical condition Users wish to seek information about from the Healthcare Professionals. Users represent, warrant and covenant that Users will provide accurate and complete registration information (including, but not limited to a user name (“User Name”), e-mail address and a password Users will use to access the Website and Famhealth Application and to keep the registration information accurate and up-to-date.
In order to be able to register as Users on the Website and/or Famhealth Application, Users represent and warrant to Famhealth that: (a) Users are at least eighteen (18) years of age and have the authority to enter into this Agreement; (b) this Agreement is binding and enforceable against the User and (c) most importantly that all the information provided at the time of registration is correct, verified and true. Both Healthcare Professionals and Users:

You shall not (a) create any Account for anyone other than yourself without such person’s prior written permission; (b) use a User Name that is the name of another person or entity with the intent to impersonate that person or entity; (c) use a User Name or Account that is subject to any rights of a person other than you without appropriate written authorization; or (d) use a User Name that is a name that is otherwise offensive, vulgar or obscene or otherwise unlawful.
At this stage, use of the Website and Famhealth Application is free. Famhealth does not charge any fee for browsing and/or usage of the Website and Famhealth Application to Users and Healthcare Professionals. Famhealth may at its sole discretion introduce new services and modify some or all of the existing Services offered. In such an event, Famhealth reserves the right to introduce fees for the new Services offered or amend/introduce fees for existing Services, as the case may be. Changes to the fee policies shall be posted on the Website and/or Famhealth Application and such changes shall automatically become effective immediately after they are posted on the Website and/or Famhealth Application. Unless otherwise stated, all fees shall be quoted in Indian Rupees.

3. Grant of Rights

Famhealth owns all rights, title and interest, including all intellectual property rights such as copyright, trademarks, trade secrets, Confidential Information, patent and other proprietary rights in and to the Famhealth App., the present or future modifications / upgradations thereof and standard enhancements thereto. Healthcare Professionals and Users hereby acknowledge that Famhealth owns all rights, title and interest including all Intellectual Property Rights of whatever nature (including without limitation all copyright, trademarks, service marks, design rights, trade secrets, moral rights) in the Famhealth Information i.e. interviews taken by Famhealth of the Healthcare Professionals or Users, throughout the world free of all encumbrances and on an irrevocable basis for the full period of copyright and any extensions and renewals in perpetuity. Famhealth has the absolute right and freedom to share the interview via all media and formats including print, digital, electronic etc. whether in existence now or created in the future.
Famhealth, grants the Healthcare Professionals and Users a non-exclusive, personal, non-transferable, limited right to have access to and use the Famhealth Software, including the Website, Famhealth App. and services offered therein for the duration you are registered as a Healthcare Professional or User. Except as expressly permitted under these Terms, any, exploitation, copying, making derivative works, transmitting, posting, linking, deep linking, redistribution, sale, decompilation, modification, reverse engineering, translation, or disassembly of the software embodied in the Famhealth App. is strictly prohibited. These Terms do not and shall not transfer any ownership or proprietary interest in the Famhealth App. to You, except as may be otherwise expressly provided herein or as may be agreed to by and between the Parties. Famhealth hereby states that the User Information and Healthcare Professional Information provided on the Famhealth App. is proprietary to and owned by the Users and Healthcare Professionals respectively and is provided to Famhealth and Healthcare Professionals or Users under license.

4. Use of the Famhealth App.:

By Healthcare Professionals:

Healthcare Professionals may use the Famhealth App. to register and create their Account and access the various features and services available on the Famhealth App. and upload information such as name, qualification, experience, specialization, registration/license, educational or professional experiences., health related information and educational material, etc.
Healthcare Professionals may receive highly sensitive User Information such as medical history records, reports, test results etc. through texts, images, videos over the chat feature of the Famhealth App. and you hereby undertake that the same will not be disclosed to any third party.
Healthcare Professionals may use Famhealth App. for receiving and responding to queries, to provide health related information and educational material by way of responding to questions/queries raised by Famhealth, and Users relating to treatment options in general, nutrition, diet, exercise, counselling and support, de-stressing, importance of lifestyle modifications and related areas to promote better health for people and their families.
Healthcare Professionals may use the Famhealth App. to offer healthcare advise through interviews conducted by Famhealth and published in newspapers, magazines and other print media, on television, radio and electronic media (including the Internet), chat messages, Famhealth App., social media, in theatrical media and/or in mailings, support groups, communities, internal and external communications of Famhealth or in course of private consultations for spreading awareness. The Healthcare Professionals shall be solely responsible for the content of the videos and the opinion expressed in the interviews, video chats or chats in the Famhealth App. Healthcare Professional shall not use the Famhealth App.or any feature provided therein for any purpose not intended under the Terms. Healthcare Professional will not permit any third party to have access to the Famhealth App. or to use the Famhealth App.
Healthcare Professionals acknowledge that the Website and Famhealth Application is an informative platform only. Famhealth is not in the business of providing healthcare services or hospital services. Healthcare Professionals also acknowledge that the opinions and views shared by the Healthcare Professionals accessible on and via Famhealth App. are that of the Healthcare Professionals and that the Healthcare Professionals are only sharing their views and opinions and are not dispensing medical advice nor prescribing any treatment. The opinion and views shared by the Healthcare Professionals are not to be treated as a substitute for diagnosis, treatment, or care of disease by a medical provider.
By Users:

Users may use the Software to create Login Account and access the various features and services available on the Website and/or Famhealth Application and upload information containing their name, medical history, records, reports, services needed, etc. Users may use the Software to share details of the medical condition in respect of which they wish to seek advice or ask any health related questions on the Website and or Famhealth App. and obtain responses to such questions and interact with Healthcare Professionals through the Website, Famhealth Application, chats, videos etc.
Users may use the Famhealth App. to watch, hear or read about health related information and educational material, receiving or sharing responses to questions/queries raised by Users to Healthcare Professionals relating to treatment options in general, nutrition, diet, exercise, counselling and support, de-stressing, importance of lifestyle modifications and related areas to promote better health for people and their families. Users may use the Famhealth App. to watch, hear or read healthcare advise from Healthcare Professionals interviewed by Famhealth and published in newspapers, magazines and other print media, on television, radio and electronic media (including the Internet), social media, in theatrical media and/or in mailings, support groups, communities, internal and external communications of Famhealth or in course of private consultations for spreading awareness.
Users acknowledge that the Website and Famhealth Application is an informative platform only. Famhealth is not in the business of providing healthcare services or hospital services. Users also acknowledge that the opinions and views shared by the Healthcare Professionals accessible on and via Famhealth App. are that of the Healthcare Professionals and that the Healthcare Professionals are only sharing their views and opinions and are not dispensing medical advice nor prescribing any treatment. The opinion and views shared by the Healthcare Professionals are not to be treated as a substitute for diagnosis, treatment, or care of disease by a medical provider.
Famhealth encourages Users to independently verify any information that Users see on or receive from anyone including Healthcare Professionals or other Users on the Software. Users will use the Website and Famhealth Application and the features therein only in relation to and in compliance with all applicable Indian laws and only in respect of the purpose mentioned herein under this Agreement. We at Famhealth (i) do not recommend or endorse any Healthcare Professional mentioned on the Website and Famhealth Application; and (ii) do not make any representations or warranties with respect to Healthcare Professionals or the quality of the healthcare or other services they may provide, and (iii) do not grade Healthcare Professionals. Users agree that they will obtain all relevant consents and approvals prior to posting or providing any User Content.
Users acknowledge that they are solely responsible for the contents that Users upload or share on the Famhealth App. Users acknowledge that they will not use this Software or any feature provided therein for any purposes not intended under this Agreement. Users will not permit any third party to have access to the Software or to use the Software without Famhealth’s prior written consent. Users will not deliberately use the Software in any way that is unlawful or harms Us, our directors, employees, affiliates, distributors, partners, Healthcare Professionals and/or data or content on the Software. Common to Users and Healthcare Professionals
Healthcare Professionals and User’s use of Famhealth App. shall be subject to the following restrictions (a) You will not delete or modify any content on the Famhealth App. including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos; (b) You will not decompile, reverse engineer, or disassemble the Famhealth App., or remove any copyright, trademark registration, or other proprietary notices from the Famhealth App. You further agree not to access or use Famhealth App. in any manner that may be harmful to the operation of the software or its content; (c) You will not use Famhealth App. and / or services in any way that is unlawful, or harms Famhealth or any other person or entity, as determined in Famhealth’s sole discretion; (d) You will not engage in any form of antisocial, disrupting, or destructive acts, including “flaming”, “spamming”, “flooding”, “trolling”, “phishing” and “griefing” as those terms are commonly understood and used on the Internet and (e) You will not host, display, upload, modify, publish, transmit, update or share any information that —belongs to another person and to which You do not have any right to; is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; harm minors in any way; infringes any patent, trademark, copyright or other proprietary rights(s), violates any law for the time being in force; deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; impersonate another person; contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

5. Representations By Healthcare Professionals:

Healthcare Professionals represent that the information provided by them regarding their credentials as a registered or licensed Healthcare Professional on Famhealth App. and qualification, experience, area of specialization etc are true and verified.
Healthcare Professionals hereby certify that they will offer advice and services in full earnest and all honesty to the best of their professional capabilities.
Healthcare Professionals agree that Famhealth may terminate their access to or use of the Famhealth App. at any time if Famhealth is unable at any time to determine or verify the information provided by them at the time of or post registration.
Healthcare Professionals represent that they will not delegate work to any third party irrespective of their capability to handle such queries.
Healthcare Professionals represent and warrant that they will, at all times during the use of the Famhealth App. and thereafter, comply with all laws directly or indirectly applicable to Healthcare Professionals that may now or hereafter govern the collection, use, transmission, processing, receipt, reporting, disclosure, maintenance, and storage of User Information, including but not limited to the Information Technology Act, 2000 and The Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data o