End-User License Agreement (hereinafter referred to as “EULA”)

Welcome to Health Safe Today’s (“HST”) End-User License Agreement  (also referred to as the terms of use)!

Please refer to the End User License Agreement (EULA) for necessary definitions and equivalent use of terms as referred in this privacy policy herein.

Health Safe Today Private Limited, on behalf of itself and its affiliates/group companies under the brand/trade mark “Health Safe” (Device), is the author and publisher of the internet resource https://www.healthsafetoday.com and the mobile application ‘‘Health Safe’ (“The Website” “HealthSafe” or “HST” or “we” or “us” as the context requires, which term shall be deemed to individually and collectively include its related entities and persons controlling or owning the Website, mobile applications content over the same, or software program developed by them and related hereto). HST owns and operates the services provided through the Website/App.

HST acts as an intermediary and is a stealth mode startup, democratizing healthcare. It is merely a platform connecting a team of Doctors, Researchers, Public Health experts, Data Scientists, Allied HSPs, HSPs and Technologists with patients. Platform on HST provides reliable data security and brings the health ecosystem together thereby making sure patients receive the best including secrecy about their medical records and communications with Allied HSPs/HSPs, for further information on privacy please refer to the same herein.

By submitting the required information in the registration form and by clicking “I Agree”, or, during login of Your account either Yourself, You hereby agree to be bound by these agreements (as defined herein below) and You consent to the use of Your data by HST in any manner set out herein.

Your continued access and/ or use of this website / App and the services provided herein subsequent to any changes or modifications carried out by HST from time to time without notice shall constitute Your acceptance of such changes or modifications.

If there are terms which do not fit into Your criteria, then You should stop using the website, application or any other of our products and/or services with immediate effect.

1. DEFINITIONS

1.1. “Account”/ “Subscriber’s Account” shall mean the online account exclusive to the Patient/Allied HSP/HSP that is required to avail the Services offered by HST or provide services to Patients, through Platform upon completion of Mobile Verification Process (as stipulated herein) and such other authentication and registration process as may be prescribed by HST from time to time mentioned herein;
1.2. “Allied HSPs” shall mean Allied Health Service Provider including but not limited to a lab, chemist, physiotherapist, counselor, and/or dietician;
1.4. “Content” shall mean and include the content on the Platform and in Subscribers’ Accounts, any data, text, files, information obtained from third parties authorised by HST, username, works of authorship, writeups, links and other content or other material that the user posts and/or uploads onto or shares on HST services such as photographs, graphics, images, videos and any other information formats that may become shareable via HST services from time to time and including all creative content;
1.5. “Creative Content” shall mean articles, posts, images, podcasts, live video recordings, questions & answers, educational and awareness building material as available respectively, on the Community Forum or Reader’s section or any such content on the website/App;
1.6. “End-User” shall mean a patient who has successfully subscribed onto HST App (“Subscriber(s)”, “End-User”, “You” or “User”);
1.7. “HSP” shall mean Health Service Provider including but not limited to Doctors/Practitioners, diagnostic laboratories, pharmacists, health insurance and financing companies, health service and product partners ;
1.8. “Health Safe Coins” shall mean digital currency used in the App which can be used by Patients and/or Allied HSPs/HSPs to purchase subscriptions. Health Safe coins will be awarded to Patients, Allied HSPs/HSPs users based on their actions on the app.
1.9. “Person/User” shall mean any individual (including personal representatives, executors or heirs of a deceased individual) or legal entity, including but not limited to, any partnership, joint venture, corporation, trust, unincorporated organization, limited liability company, limited liability partnership and governmental authority, simply accessing/browsing website/App or view the content as accessible thereon;
1.10. “Subscriber” shall mean the Patient/Allied HSP/HSP who has successfully registered on to the App and is eligible to avail Services/provide Services and has access to its Subscriber’s Account.
1.11. “Subscription of Patients” shall mean a Subscriber who has registered successfully onto the HST App and can avail services as defined herein. Basic packages available on HST App shall not be chargeable and can be accessed by a Subscriber upon successfully registering on the HST App. Premium and advanced plans are offered by HST and shall be made available to a subscriber only upon payment of Subscription fee through HST Wallet coins/Health Safe Coins or any online mode of payment, as listed on the HST App. The subscription fee of the Premium and Advanced plans shall be notified accordingly to Subscribers.
1.12. “Subscription of HSPs/Allied HSPs/Practitioners” shall mean a Subscriber who has registered successfully onto the HST App and can provide services as defined herein. Basic, Pro & Premium packages are offered by HST and shall be made available to a subscriber only upon payment of Subscription fee as detailed herein in Clause 15, through HST Wallet coins/Health Safe Coins or any online mode of payment, as listed on the HST App. 1.13.
1.13. “PHR” shall mean Personal Health Records;
1.14. “Practitioner” shall mean and include a medical practitioner or health care provider (whether an individual professional or an organization) or similar institution wishing to be listed (including but not limited to laboratories, pharmacists and/or allied specialists), or already listed, on the Website/App, including designated, authorized associates of such practitioners or institutions, which can be categorized as HSPs/Allied HSPs (“Service Provider (s)”, “Practitioner(s)”, “You” or “User”);
1.15. “You” shall mean and include a practitioner, subscriber and/or a person browsing the website/App, as the context specifies herein.
1.16. The said list of definitions is not exhaustive.

2. NATURE AND APPLICABILITY OF TERMS

2.1. Please carefully go through these terms and the privacy policy (“Privacy Policy”) before You decide to access the Website/App or avail the services made available on the Website/App by HST. You unconditionally and irrevocably confirm that You have read this agreement, which also refers to and includes the following as an integral part, all of which are incorporated by reference in this agreement as those set out fully herein and;

2.1.1. The Privacy Policy of HST;
2.1.2. The Comment Policy of HST;
2.1.3. The Disclaimers;
2.1.4. Additional term and conditions applicable to specific areas of the website that are also posted in and govern the use of those areas; and
2.1.5. Any term disclosed to and agreed to by You if You purchase additional features/subscription, products or services offered by HST on or through HST services.

2.2. The aforesaid together constitute a legal agreement (“Agreement”) between You and HST in connection with Your visit to the Website/App and Your use of the Services/providing Services (as defined below).

2.3. The Agreement applies to You whether You are –

2.3.1. A medical practitioner or health care provider (whether an individual professional or an organization) or similar institution wishing to be listed (including but not limited to laboratories, pharmacists and/or allied specialists), or already listed, on the Website/App, including designated, authorized associates of such practitioners or institutions (“Service Provider (s)”, “Practitioner(s)”, “You” or “User”); or
2.3.2. A patient, his/her representatives or affiliates, searching for Practitioners through the Website and/or has pursuant to the payment of subscription fee eligible to avail services and/or has successfully registered on the website/App and/or has access to its subscriber’s account (“Subscriber(s)”, “End-User”, “Patient”, “You” or “User”); or
2.3.3. Otherwise, a user of the Website/App simply browsing through (“You” or “User”).

2.4. This Agreement applies to those services made available by HST on the Website/App including purchased subscriptions, which are offered to our Users (“Services”), including the following:

2.4.1. For Practitioners: (i) Listing of Practitioners and their profiles and contact details, to be made available to the other Users and visitors to the Website (ii) Providing patients relevant to Practitioners specialty; (iii) Upload handwritten and/or type prescriptions for patients (iv) Availing transcription of prescription feature (iii) Streamline workflows; (iv) ; (v) Manage referrals; (vi) Controlled access to the application; (vii) availing telecommunication/video consultation services with Patients (viii) Manage online appointments and billing; (ix) Connect with referring Doctors & service providers; (x); (xi) Participate on community forum
2.4.2. For (Patient Users): (i) Maintaining medical records of the Subscriber and, if applicable, Subscriber’s family; (ii) Providing a platform for facilitating consultation between patient-medical practitioner; (iii) Providing a feedback mechanism based on medical consultations records; (v) Providing a dashboard for viewing regular health status; (vi) Search for Practitioners by name, specialty, and geographical area, or any other criteria that may be developed and/or made available by HST; (vii) Make appointments with Practitioners and/or other services as listed herein if any; (ix) to do telecommunication and/or video consult with Doctors during online consultation; (x) Uploading medical documents and records on HST App; (xi) Availing transcription of prescription features; (xii) Participate on community forum; (xiii) Availing personalized insights by entering health data manually (apart from footsteps whose data is collected through patients mobile phone, if given access by Patient).
2.4.3. For other Users: (i) for viewing (ii) commenting on community forum.

2.4. The information collected from you by HST may constitute ‘personal information’ or ‘sensitive personal data or information’ under the SPI Rules.

2.5. HST may modify or make changes to this agreement and/or HST services at anytime. Such modification will be effective upon posting the amended agreement at this URL where the prior version of this agreement was posted and/or at any conspicuous place over the Website/App as deem fit. If the changes include material changes that affect Your rights or obligations HST will notify You in advance of the changes by reasonable means, which could include notification through an alert on HST services or via email or SMS. Your use of HST services following the date on which such amended agreement is published or communicated will constitute consent to such amendment and acceptance of the amended agreement. However, if You discontinue being a User or cease using HST services upon the publication or communication of such amended agreement, Your relationship with HST will continue to be governed by the prevailing version of this agreement at such time. You agree that You will periodically check this URL for updates or modifications to this agreement and read the communication/notification that may be displayed on the website or sent to You to inform You of any such changes.

2.6. This Agreement defines the terms and conditions under which You are allowed to use the Website/App and describes the manner in which we shall treat Your account while You are registered as a subscriber with us. If You have any questions about any part of the Agreement, feel free to contact us at info@healthsafetoday.com.

2.7. By downloading and/or accessing the Website/App to use the Services, You irrevocably accept all the conditions stipulated in this Agreement, as available on the Website/App, and agree to abide by them. This Agreement supersedes all previous oral and written terms and conditions/ Agreements (if any) communicated to You relating to Your use of the Website/App to avail the Services. By availing any Service, You signify Your acceptance of the terms of this Agreement.

2.8. We reserve the right to modify or terminate any portion of the Agreement for any reason and/or stipulated herein below and at any time, and such modifications shall be informed to You as mentioned herein.

2.9. Your access to use of the Website and the Services will be solely at the discretion of HST.

2.10. The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but not limited to:

2.10.1. The Information Technology Act, 2000,
2.10.2. The rules, regulations, guidelines and clarifications framed there under, including the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, (the “IT Rules 2021”), the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 (the “SPI Rules”) and other related rules and regulations;
2.10.3. The Indian Contract Act, 1872;
2.10.4. And any other applicable Laws/Regulations.

3. OUR PLATFORM

3.1. HST is a platform connecting teams of Doctors, Researchers, Public Health experts, Data Scientists, Practitioners and Technologists with patients and to develop the concept of revolutionizing health care.
3.2. HST Website/App is for personal use only. HST provides You with secure, safe online storage for Your important personal health and medical records and other vital documents.
3.3. You must familiarize Yourself with the said terms because they establish Your rights and responsibilities as a User.
3.4. We understand that the privacy and security of Your personal records are important, and we use some of the most advanced security technology available that is appropriate to protect that privacy. However, please keep in mind that Your records are only secure if You protect Your password and change Your password frequently and/or if You do not share any OTPs sent by us in any manner except as provided under this EULA. As You navigate this website/app and use the services offered, do not hesitate to contact us if You have any questions at info@healthsafetoday.com.
3.5. The Creative Content/Content (as defined) on the Platform should not be considered medical or health advice. Nothing on the Platform is intended to suggest a course of treatment for a particular User. The Creative Content/Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment.
3.6. Users should never disregard professional medical advice or treatment or delay seeking professional medical advice or treatment because of reliance placed on any Creative Content on the HST Platform.
3.7. Information displayed on the Platform is not exhaustive, should not be considered complete, and does not cover all diseases, ailments, physical or mental conditions, or their treatment.
3.8. End Users are allowed to provide feedback about their experiences with the Practitioner, however, the End User shall ensure that the same is provided in accordance with applicable law. End User however understands that, HST shall not be obliged to act in such manner as may be required to give effect to the content of End Users feedback, such as suggestions for delisting of a particular Practitioner from the Website, for further information on feedback please see herein below.
3.9. ANY QUESTIONS ABOUT ANY MEDICAL CONDITION OR TREATMENT FOR ANY CONDITION SHOULD BE DIRECTED TO YOUR PHYSICIAN OR A QUALIFIED HEALTHCARE PROVIDER AS LISTED ON OUR PLATFORM.

4. ELIGIBILITY

4.1. By using HST services, You represent and warrant that:

4.1.1. You are at least 18 years of age or are older and are legally competent to enter into this agreement and abide by HST agreements;
4.1.2. You agree to maintain the accuracy of all information provided by You;
4.1.3. You will comply with this agreement and all applicable local, state, national and international laws, rules and regulations.

4.2. FOR PRACTITIONERS: In order to be eligible to be a practitioner on our website the Practitioner represent and warrant that:

4.2.1. The Practitioner is and shall be duly registered, licensed and qualified to practice medicine/ provide health care, wellness services, as per applicable laws/regulations/guidelines set out by competent authorities and the Practitioner shall not be part of any arrangement which will prohibit him/her from practicing medicine/providing allied health services within the territory of India. The Practitioner shall at all times ensure that all the applicable laws that govern the Practitioner shall be followed and utmost care shall be taken in terms of the consultation/ services being rendered. 4.2.2. You agree to maintain the accuracy of all information provided by You; 4.2.3. You will comply with this agreement and all applicable local, state, national and international laws, rules and regulations. 4.2.4. If at any point of time HST comes to know or is so informed by any third party or has reasons to believe or finds that any information provided by You for registration or otherwise is untrue, inaccurate, incomplete, HST shall have the full right to suspend or terminate (with or without any notice) Your membership and forfeit any amount paid by You towards subscription fees and refuse to provide HST services to You thereafter. HST also reserves its rights to initiate appropriate legal action against You for such act/ omission or repercussions on account thereof.

5. REGISTRATION, YOUR ACCOUNT AND SUBSCRIPTION FOR USERS

5.1. You can register as a user and use HST services by creating an account (“Account”). While creating the account to become a subscriber of HST, You will be required to:

5.1.1. Furnish Your mobile number;
5.1.2. Provide Your name and surname;
5.1.3. Provide Your Date of birth;
5.1.4. Provide Your Gender; and
5.1.5. Provide Your Sex assigned at birth (if gender – non-binary).

5.2. To register Yourself as a Practitioner You will be required to:

5.2.1. Furnish Your mobile number & email;
5.2.2. Provide Your name and surname;
5.2.3. Provide Your Date of birth;
5.2.4. Provide Your Gender
5.2.5. Provide Your Registration number, Specialization & Year of expiry for Doctors
5.2.6. Provide Your Degree making you eligible to practice the Allied field of providing Health Services, Council & Year of Expiry for Allied HSPs.
5.2.7. Provide details of your Lab name, address, mobile number, email address and upload registration & license documents for lab along with expiry.

5.3. Upon entering of mobile number by the End User/Doctor/Allied HSP an OTP OTP (One Time Password) shall be sent. For Labs, upon entering details of mobile number and email address, an OTP shall be sent to both for verification. An End User Account shall be registered by HST only upon the submission of such OTP by You (“Mobile Verification”).
5.4. End users shall be registered immediately after providing the correct OTP. Practitioners shall receive a confirmation of registration only after the necessary documents with respect to medical council/registration certificates/licenses are verified by HST.
5.5. HST operates on a freemium model, to access certain advanced features linked with the App, the subscribers would need to take subscriptions of various plans as enlisted hereinafter by making requisite payment, mode specified herein-above.
5.6. We will not be liable, if for any reason our Website/App or the Services (or any features within the Services) are unavailable at any time or for any period. From time to time, we may, at our sole discretion, restrict access to some parts of our Website/App, or our entire Website/App, to Users who have registered with us.
5.8. HST will not be liable for any loss or damages as a result of Your failure to maintain the confidentiality of Your Account credentials. If You suspect any unauthorised use or breach of Your Account, You shall immediately notify HST of such unauthorized use or breach on the email address provided herein.
5.9. You are advised to keep Your email address up-to-date on Your Account to enable Us to communicate with You electronically.
5.10. HST shall use the registered information to send Your information about Services or information You have requested via text message or e-mail. The registered information may also be used to provide information about new services that may be or may not relate to You.
5.11. You are solely responsible for any activity that occurs through Your account and for the Content/Data You willingly agree to share/provide wand You agree that You will not sell, transfer, license or assign Your account or username or password or any right associated with Your account. HST prohibits the creation of and You agree that You will not create the account for anyone other than Yourself apart from what is prescribed under the HST App, for which you shall be completely responsible as per Clause 5.11.
5.12. You agree and represent that any and all information that You provide to HST or upload on HST services during registration and at all other times will be true, accurate, current and complete. Such information includes information as enlisted under Clause 6 or required for Clause 6. You agree to update Your information to maintain its truth and accuracy.
5.13. You may cancel Your membership at any time. If You purchase a subscription to HST services, You can cancel the subscription at any time. However, You will not receive a refund or credit for which the subscription fee has been paid. Subscription fees paid are final and non-refundable, unless otherwise determined by HST as mentioned herein below.
5.13. You may cancel Your membership at any time. If You purchase a subscription to HST services, You can cancel the subscription at any time. However, You will not receive a refund or credit for which the subscription fee has been paid. Subscription fees paid are final and non-refundable, unless otherwise determined by HST as mentioned herein below.
5.14. Refunds are only permitted in exceptional cases, wherein the Subscriber may submit a claim for a refund by writing to HST at info@healthsafetoday.com and providing a clear and specific reason for the refund request and the exact provisions of these EULA that have been violated. Whether a refund will be provided will be determined by HST in its sole discretion. Refund requests must be submitted within 30 days of the corresponding payment. For further details about Refund please refer to Clause 18 herein below.
5.15. Subscribers are entitled to delete their Account at any time by writing to HST at info@healthsafetoday.com or calling the HST call centre at HST Helpline. Upon deletion of a Subscriber’s Account, data shall be retained of the User until expiry of [180 days] from the date of Account deletion, as per Law. During deletion of account, HST shall seek permission to collect anonymous data of usage of Patient. The collected information shall be used only for improving the quality of HST services and to build new services.
5.16. Your profile may be deleted by us by informing You 24 (twenty-four) hours in advance without warning, or without any notice whatsoever, if we believe that You have violated any of the conditions as mentioned under this Agreement or the Privacy Policy or any other Agreement of HST. HST also reserves the right to refuse access to the website, terminate Your account or membership or remove any content at anytime without notice to You, subject to the other provisions of this agreement.
5.17. Patients may, enter, upload, maintain and/or store information, including health habits, allergies, lifestyle habits, copies of documents, records including medicine records, vaccine, images, profile picture, and information, either available with them or provided to the Patients by healthcare providers, to their Accounts on servers maintained by HST.
5.18. Each Account can be tailored by the Patients to upload, maintain, and store health and health-related information and the Patients can create multiple sub accounts and consent to having permission to manage the same and take liability thereto.
5.19. Whenever a user’s information is submitted to or entered in the Account, that information will be communicated using the encryption technology called Secure Socket Layer (“SSL”) encryption software. However, HST cannot and will not guarantee that: (i) access to User’s Account will be uninterrupted; or (ii) SSL encryption cannot be breached.
5.20. The User hereby grants HST, authorized personnel, its employees, officers, directors, and all other persons or entities involved in the operation of HST or of the Platform, the right to access, transmit, receive, monitor, retrieve, store, maintain, and use the information in the User’s Account to provide the Services and operate the Platform, including but not limited to converting documents received on the Subscriber’s behalf to an electronic format, printing and delivering personal emergency cards and/or stickers, and maintaining the Account.

6. LICENCE FOR WEBSITE ACCESS

6.1. Subject to your compliance with this Agreement and payment of applicable subscription fee, as stipulated from time to time, HST grants you a personal, non-exclusive, non-transferable and limited privilege to access the Website/ App and use HST services/provide HST services. HST Services are for the personal use of individual End Users only and may not be used in connection with any commercial endeavors except those that are specially and expressly endorsed or approved by HST in writing. 6.2. The website/App or any portion of the website/App may not be reproduced, duplicated, copied, sold, resold, distributed, transmitted, shown in public or private to any third person or exploited or any derivative work created therefrom in any manner for any commercial purpose or otherwise without the express written consent of HST. 6.3. Illegal and/or unauthorized use of HST services, including collecting user-names and/or email address End Users by electronic or other means for the purpose of sending unsolicited emails/any other unauthorized communication, or unauthorized framing of or linking to the website/App is prohibited. 6.4. Any use of the website/App or HST services beyond the permitted use or in violation of this Agreement, will constitute a breach of this Agreement and entitle HST to (i) terminate your account and your subscription without any notice (ii) initiate appropriate legal action for any such breach or illegal or unauthorized use.

7. DATA STORAGE AND USE

7.1. Your account information (e.g., email address, password) will be encrypted as soon as You register for the Service, and we store and process such encrypted information in India.
7.2. We will use commercially reasonable safeguards and take reasonable steps to keep the information encrypted at all times so that the information will not be decrypted and accessible.
7.3. HST takes reasonable steps to keep the information of its users safe.
7.4. HST will store and process Personal Information including any sensitive personal information collected (defined under the IT Act, 2000, as permitted by prevalent laws in India), on secured cloud servers Amazon Web Services of HST.
7.5. You hereby authorize HST to use and/or share Anonymized Data with advertisers and other third parties for the purpose of building data science analytics, marketing and promotions.
7.6. You are responsible for maintaining the secrecy of Your unique password and account information and for controlling access to the service at all times as we are not able to decrypt and access Your encrypted account information.
7.7. It is to be noted that no method of transmission of information or electronic storage over the internet is absolutely safe (so use the same wisely and judiciously).
7.8. HST assumes no responsibility for any personal medical images/documents or for medical decisions which are based on X-rays, ECGs, or other personal medical images/documents archived on the Platform or any other medical decision whatsoever.
7.9. All personal medical documents uploaded by Subscribers including but not limited to X-rays and other personal medical images are intended to aid and assist a medical practitioner. However, HST in no way guarantees that a medical practitioner will take all such medical documents into consideration before issuing an opinion and HST is not in any way responsible for the outcome in relation to the aforesaid.
7.10. HST may disclose Personal Information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to any judicial, quasi-judicial, governmental, regulatory or any other authority as may be required by HST to co-operate and / or comply with any of their orders, instructions or directions or to fulfil any requirements under Applicable Law.
7.11. You may not use any robot, spider, scraper or other automated means to access the Platform or Services for any purpose without our express written permission.
7.12. For further information on how we store, collect and process Your data please refer to our privacy policy.

8. SUBSCRIBERS

8.1. Subscribers hereby understand and agree that HST may have access to Personal Information uploaded by them through their Account. HST will provide protection of Personal Information provided by the Subscribers. HST will store and process such Personal Information including any sensitive personal information collected (as defined under the IT Act, 2000), if any, on secured cloud servers Amazon Web Services of HST that may be protected by physical as well as reasonable technological security measures and procedures in accordance with the IT Act, 2000, and the rules thereunder, amended time to time.

9. PATIENTS AS SUBSCRIBERS

9.1. Subscribers understand and agree that HST may share Personal Information including but not limited to any health records and/or health-related documents to medical practitioners only upon Subscriber’s request and consent of by Subscriber sharing the same, for any screening or review of such documents as requested by the Practitioner including consultation through Platform. Such Personal Information shall only be shared with a medical practitioner identified by HST and/or with a HSP/Allied HSP listed onto HST platform according to the nature of consultation sought by Subscriber and the availability of such medical practitioner. Subscribers will be notified of the details of the Practitioner identified by HST for consultation and/or Practitioner as requested by the Subscriber. Subscriber hereby agrees and gives his consent to this arrangement. HST will however be not liable and You agree to indemnify HST from any relationship arising out of Your and other medical practitioner/Allied HSP or other HST services. Upon such sharing of documents by Subscribers, the Subscriber will be sent a consent notification through Subscribers registered email as provided to HST, when such Practitioners may, in furtherance of Services, refer the case history of Subscriber (by discussing the same with the Subscriber), with other authorized HST medical practitioner/service provider. Subscribers will have an option to revoke such consent, upon which the said sharing shall be forfeited.
9.2. Subscribers may upload, submit or facsimile their Personal Information including medical records, X-rays and other personal medical images, and other health-related information for the purpose of Clause 9.2.
9.3. Subscribers shall be authorized, at any time, to withdraw a medical practitioner’s access to its Personal Information by writing to HST at hello@healthsafetoday.com or calling the HST Helpline (on 9871726804) and that such medical practitioner, unless restrained by Applicable Law, shall be obligated to delete and/or destroy all copies of such Personal Information available with him online or off-line and shall not use the same in any future use or correspondence, nor shall he disseminate such information through offline or online mode or to any third party including individual/entity/company/firm/association or anyone else whosoever.
9.4. If the Subscriber does not want to have any access to any Doctor, the Subscriber can block the Practitioner by sending an email at info@healthsafetoday.com or carrying out the action themselves on the app and specifying reasons for such blocking including flagging based on criteria as mentioned:
Medical practitioners /Allied HSP indulges in following:
Sexual behavior or nudity
Violent or repulsive
Hateful or abusive
Harassment or bullying
Harmful or dangerous
Child abuse
Promotes terrorism
Fraud or misleading
Violates my rights- please state
Other issue please state
9.5. The Subscribers shall be authorized, at any time, to delete their Account and uninstall the HST App. Upon deletion of such Account, HST may send you a notification through registered SMS/Email which the Subscriber had shared with HST, and may seek the Subscribers consent/permission to share Anonymized Data with advertisers and other third parties for the purpose of building data science analytics, marketing and promotions.
9.6. Subscribers, and any Persons authorized by them to submit or enter medical records and/or health-related information into Subscribers’ Accounts are solely responsible for its accuracy and completeness of such information. Each Subscriber is responsible for reviewing information in his or her Account as well as any documents displayed on the HST Platform and must notify HST, or a third party designated by HST of errors, if any.
9.7. For further information on data storage and sharing, kindly refer to our Privacy Policy.

10. TERMS FOR PRACTITIONERS

10.1. Practitioner can book an appointment on behalf of subscriber, create a prescription on behalf of subscriber, upload a prescription, update a prescription, edit health and habits on behalf of subscriber and perform such other tasks as mentioned herein, upon consent of such Subscriber and/or if need arises by duly informing the subscriber.
10.2. Practitioner can create advanced calendar, write, save (without sharing) and share digital prescriptions & medical certificates with the Subscriber, upload images of old and new physical prescriptions & medical certificates, send voice notes along with prescriptions to Subscriber, conduct & record tele/video consults with Subscriber, only upon prior consent from the Subscriber, refer Subscriber to other doctors listed under HST and allied specialists as well as receive referrals from doctors listed, labs and allied specialists on HST, build internal staff profile and assign roles/maintain secrecy as per their discretion. Medical Practitioners accept that they would only use any personal information including healthcare records/documents for the purposes governed by HST services only.
10.3. Practitioners shall maintain utmost secrecy about the documents/information or related information shared by the Subscriber and can control access for securing such information through access control and deciding who to delegate how much access, as mentioned hereinabove.
10.4. Practitioners would be prohibited to liaison, solicit, make public or share any personal information including healthcare records/documents with any third party not authorised by HST or not governed by HST purposes or without consent of Subscriber, as the case may be.
10.5. HST, directly and indirectly, collects information regarding the Practitioner profiles, contact details, and practice. HST reserves the right to take down any Practitioner’s profile as well as the right to display the profile of the Practitioners, with or without notice to the concerned Practitioner. This information is collected for the purpose of facilitating interaction with the End-Users and other Users. If any information displayed on the Website in connection with any Practitioners and Practitioners profile is found to be incorrect, you are required to inform HST at info@healthafetoday.com immediately to enable HST to make the necessary amendments.
10.6. HST shall not be liable and responsible for the rating and/or chronological display of Practitioners on any external websites and/or search engines
10.7. HST shall not be liable if any inactive, inaccurate, fraudulent, or non- existent profiles of Practitioners are added to the Website. You as a Practitioner hereby represent and warrant that you will use the Services in accordance with applicable law. Any contravention of applicable law as a result of your use of these Services is your sole responsibility, and HST accepts no liability for the same.
10.8. A Lab can showcase lists of all tests and specifications and promotional offers, Labs can receive orders from Subscriber; interact with Subscriber by chatting in their chat box about any detail including the required tests to any query in relation to the same by the Subscriber; reach out to Subscriber to incomplete orders of tests that have been added to the cart for the said lab but not paid, with any promotional offer or deal; book orders on behalf of Subscriber; refer Subscriber to doctors and allied specialists listed on HST as well as receive referrals from doctors and allied specialists on HST App, build internal staff profile and assign roles/maintain secrecy as per their discretion.
10.9. A Pharmacist can chat with Subscriber, receive PHR and related requests about orders, respond to the same to clarify detail, refer patients to doctors and allied specialists as well as receive referrals from and allied specialists listed on HST.
10.10. Practitioners may retain copies of such PHR as mentioned hereinabove, if required in furtherance of effective consultation and if permitted under Applicable Law.

11. HST CHAT

11.1. A User can chat with HST administrative team via a chat feature on the HST app.
11.2. The HST chat is a one to one, fully encrypted and secure chat.
11.3. The HST Chat may be used by Users for any issue in relation to functioning of HST App, refunds, or any other query. The Users will also have an option to either email HST for the same, over the email as provided.
11.5. Rest be assured, if HST Customer Care is unable to connect with the User at that moment, the User shall be promoted to leave their email/phone number over which, HST shall make efforts to reconnect with the Users within 36-48 hours.
11.6. The HST Chat Service is 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 another person’s behalf), please contact an ambulance service or hospital directly.

12. CONTENT & CREATIVE CONTENT

12.1. You agree to indemnify HST and/or its related persons/entities/affiliates and their respective officers, agents and employees, all persons acting under its authority and those for whom it is acting, for all claims brought by any third party against HST and/or such aforementioned entities/persons arising out of Your breach or any such warranties or representations.
12.2. In order to provide Services, HST may store, maintain, use and share the information provided by You as per these EULA. You agree to act responsibly and treat other users with respect. You are responsible for ensuring that, in Your use of HST services, Your action or omission is not contrary to any law being in force. You will not inter-alia post violent, defamatory, plagiarism, unlawful, infringing, trolling or hateful content via HST services.
12.3. The HST Website may be linked to the website of third parties, affiliates and business partners. HST has no control over, and is not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through our Website. Inclusion of any link on the Website does not imply that HST endorses the linked site. User may use the links and these services at User’s own risk.
12.4. As a platform, HST does not take responsibility for Creative Content published by Users onto HST and its role with respect to the same is restricted to that of an ‘intermediary’ under the Information Technology Act, 2000.
12.5. The role of HST and other legal rights and obligations relating to the said Content are further detailed in Clauses 13 of these Terms.
12.6. HST however, as an intermediary, takes steps as required to comply with applicable law as regards the publication of Creative Content. The legal rights and obligations with respect to Creative Content and any other information sought to be published by Users are further detailed in Clauses herein.
12.7. HST will take down information under standards consistent with applicable law, and shall in no circumstances be liable or responsible for Creative Content, which has been created by the Users. The principles set out in relation to third party content in the terms of Service for the Website/App shall be applicable mutatis mutandis in relation to Creative Content posted on the Website/App.
12.8. You hereby represent and warrant that you are fully entitled under law to upload all content uploaded by you as part of your profile or otherwise while using HST’s services, and that no such content breaches any third party rights, including intellectual property rights. Upon becoming aware of a breach of the foregoing representation, HST may modify or delete parts of your profile information at its sole discretion with or without notice to you.
12.9. HST reserves the right to collect feedback for all the Practitioners listed on the Website.
12.10. HST shall have no obligation to pre-screen, review, flag, filter, modify, refuse or remove any or all Creative Content posted by Users onto HST, except as required by applicable law or upon any notification/intimation by a User if found infringing upon any right by User.
12.11. You are solely responsible for Your use of any content, or any material or information You publish, display, transmit or otherwise communicate in any manner (“Post”) on the website or transmit to other users; any interaction with other users and for any consequences thereof. HST makes no guarantees express or implied, regarding Your interaction with or representation by any individual You meet on the website through HST services or otherwise.
12.12. HST makes no warranties, express or implied, as to the content or to the accuracy and reliability of the content or any material or information that You post over the Community Participation forum on the website or transmit to other users.
12.13. HST reserves the right, but is not obligated or liable in any manner, to monitor disputes between You and other users. HST shall have no liability for Your interaction with other members/users or any action or inaction on their part.
12.14. HST reserves the right to but has no obligation or liability to monitor the materials posted on the website and/or reject any content in its sole discretion, including but not limited to such content in violation of this agreement or comment policy. Notwithstanding this right of HST You remain solely responsible for the content You post on the website or through HST services.
12.15. The content over the Reader’s view section, is intended for information and educational purposes only. HST shall be the sole creator and owner of articles/information posted onto Readers View section over the HST website/App.
12.16. The Creative Content on the Platform should not be considered medical or health advice. No Creative Content on the Platform is intended to suggest a course of treatment for a particular User. The Creative Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment.

13. RESTRICTIONS ON CREATIVE CONTENT BY USERS

13.1. Your contribution must not:

13.1.1. Belong to another person and contain any information that You do not have any right to;
13.1.2. Be defamatory of any person;
13.1.3. Be obscene, offensive, pornographic, hateful, harmful, harassing, defamatory, vulgar, libelous, lewd, blasphemous, lascivious, invasive of another’s privacy, racially, ethnically or otherwise objectionable or inflammatory, disparaging, relating or encouraging money laundering or gambling or otherwise unlawful in any manner whatsoever;
13.1.4. Violate the provisions of applicable laws containing offences relating to content that is publicly accessible;
13.1.5. Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
13.1.6. Disclose the name, address, telephone, mobile or fax number, e-mail address or any other personal data in respect of any individual or to any third party not authorized by HST or not serving HST purposes;
13.1.7. Be harmful to minors;
13.1.8. Infringe any intellectual property including copyright, database right or trademark of any other person; 13.1.9. Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
13.1.10. Be likely to harass, upset, embarrass, alarm or annoy any other person;
13.1.11. Impersonate any person, or misrepresent Your identity or affiliation with any person;
13.1.12. Advocate, promote, incite any third party to commit, or assist any unlawful or criminal act;
13.1.12. Advocate, promote, incite any third party to commit, or assist any unlawful or criminal act;
13.1.13. Contain a statement which You know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism;
13.1.14. Be such that it is known by You to be false, inaccurate or misleading;
13.1.15. Contain any computer viruses, any code, worms or other potentially damaging or limiting the functionality of any computer programs or files.
13.1.16. Threatens the unity, integrity, sovereignty of India, friendly relations with foreign states or public order or causes incitement to the commission of any cognizable offence or is insulting to another nation.

13.2. HST reserves the right to but has no obligation or liability to monitor the Creative Content posted on the website/App and/or reject any content which posted by User, falls under the below restrictions in its sole discretion, and/or including but not limited to such Creative Content in violation of this agreement or comment policy. Notwithstanding this right of HST You remain solely responsible for the content You post on the website or through HST services.

14. RESTRICTION ON USE OF HST SERVICES

14.1. You are not permitted to and shall not do any of the following acts, the breach of which shall entitle HST to terminate Your use of the Services, without prejudice to any other rights or remedies we may have against You:

14.1.1. Distribute, sell, supply, modify, adapt, amend, incorporate, merge or otherwise alter the Services and all content provided to You as part of the Services;
14.1.2. Attempt to decompile, reverse engineer or otherwise disassemble any Service or content provided to You as part of the Services or the Website or the App;
14.1.3. Attempt to copy any software provided to You as part of the Services or the Website or the App or the and in particular its source code, or attempt to decrypt any part of such software that is provided to You;
14.1.4. Create any derivative work or version of any software provided by us in relation to or to facilitate Your use of the Services or any content provided as part of the Services;
14.1.5. Remove, from the Services or any content provided as part of the Services, any logo, copyright or proprietary notices, legends, symbols, labels, watermarks, signatures or any other like marks affixed to or embedded in the Services;
14.1.6. Use the Services or any part of it to create a false identity, to impersonate any person or organization, or attempt to disguise the origin of any content to liaison any work which is not approved or authorized by HST or which are not governed by HST services;
14.1.7. Use any of HST ’s domain name as a pseudonymous return email address;
14.1.8. Access or use the Website/ App in any manner that could damage, disable, overburden, or impair any of the Website/ App’s servers or the networks connected to any of the servers on which the Website/ App is hosted;
14.1.9. Access or attempt to access any content that You are not authorized to access by any means;
14.1.10. Access the Website/ App through any other means other than through the interface that is provided by us;
14.1.11. Alter or modify any part of the Services; and
14.1.12. Disrupt or interfere with the security of, or otherwise cause harm to the Website/ App, materials, system resources, or gain unauthorized access to the user accounts, passwords, servers or networks connected to or accessible through the Website/App or any affiliated linked sites.

15. SUBSCRIPTION FEES & PAYMENT

15.1. In lieu of Services provided through the Platform as mentioned in the foregoing Clauses, we shall be entitled to charge such fees, notified to the users from time to time.
15.2. Subscribers may either make direct online payments through such payment methods as enabled on Platform.
15.3. HST uses standard and authorized payment services along with Health Safe Coins as enlisted herein and our credit check and fraud prevention policies are aligned as per acceptable standards.
15.4. For any information with respect to subscription plans, amounts, Health Safe Coins, please refer to the same as enlisted on the Website/herein-above.

16. APPOINTMENTS

16.1. HST enables Patients to connect with Practitioner either by (i) video or (ii) in person.
16.2. Appointment can be made by Patients using the HST App, whereby, after selection of type of Practitioner, the Patients get the option to choose from available slots of the Practitioner;
16.3. The patient can choose a suitable day, month, time as per availability of the said Practitioner.
16.4. The said appointment shall be confirmed upon receiving consent from the patient. The timings of the said appointments are subject to changes, as per Practitioners availability.
16.5. Patients shall make sure that no cancellation of appointment shall be made before two (2) hours of appointment time. If any change, in relation to an appointment, the Patient must inform in advance about the same. Upon booking said appointment, the Patient is able to share prescriptions, lab reports and/or health habits with the Practitioner.
16.6. HST has no liability if such an appointment is later cancelled by the Practitioner, or the same Practitioner is not available for appointment.
16.7. If the User decides to engage with a Practitioner to seek medical services, the User shall be doing so at his/her own risk. Without prejudice to the generality of the above, HST 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. User understands and agrees that HST will not be liable for:

16.7.1. User interactions and associated issues User has with the Practitioner;
16.7.2. the ability or intent of the Practitioner(s) or the lack of it, in fulfilling their obligations towards Users;
16.7.3. any wrong medication or quality of treatment being given by the Practitioner(s), or any medical negligence on part of the Practitioner(s);
16.7.4. inappropriate treatment, or similar difficulties or any type of inconvenience suffered by the User due to a failure on the part of the Practitioner to provide agreed Services;
16.7.5. any misconduct or inappropriate behavior by the Practitioner or the Practitioner’s staff;
16.7.6. cancellation or no show by the Practitioner or rescheduling of booked appointment or any variation in the fees charged, for further disclaimers and limitation of liability please refer to Clause __- herein below.

16.8. In case of a Patient unable to attend to an appointment or where the User does not show-up at the concerned Practitioner’s clinic:

16.8.1. Any instance where a Patients , who booked an appointment on the HST App , has not turned up for the appointment without cancelling, rescheduling, or informing the Practitioner in advance about the same. Where the Patients is not able to establish that the Patients had a legitimate reason for not showing up, HST shall be entitled to take actions However Users understand that such actions are included as a deterrent to stop Patients from misusing the App, and the loss of business hours incurred by the Practitioner.
16.8.2. Reasonable exemptions for absence of patients from booked Appointments for the above mentioned Clause are solely at the discretion of HST.

17. APPOINTMENT CANCELLATION

17.1. Practitioner’s shall not cancel confirmed appointments. However, in case of an emergency, the Practitioner shall make reasonable efforts to notify the subscriber about the next appointment. If a doctor cancels, the doctor can reschedule an appointment on a date convenient to the patient. Upon the same, the patient gets a notification, and the patient can book another appointment by visiting the doctor’s calendar.

18. REFUNDS

18.1. In the event that, the Practitioner with whom Patient has booked a paid appointment via the App, has not been able to meet the Patient , Patient will need to write to us at hello@healthsafetoday.com within two (2) days from the occurrence of such event; in which case, a percentage of the consultation amount after deduction of platform convenience charges as mentioned on the App will be refunded to the Patient within the next seven (7) to eight (8) business days in the original mode of payment done by the User while booking. In case where the Patient, without canceling the appointment, does not show up for the appointment booked with a Practitioner, the amount as paid by the Patient, will not be refunded.
18.2. Patient may be entitled for any refunds on a case by case basis, pursuant to HST discretion, in cases where, the Practitioner is unable to meet the User at the exact time of the scheduled appointment time and the Patient is required to wait, irrespective of the fact whether the Patient is required to wait or choose to not obtain the medical services from the said Practitioner. In such instances, the patient will be given the option to apply for a refund to HST or reschedule the appointment at another slot of the practitioner’s availability.
18.3. Patient will not be entitled for any refund, where cancellation charges have been levied, even if said cancellation was made beforehand.
18.4. Where the Patients has booked a paid appointment and is unable to visit the Practitioner, due to such genuine reasons of sickness etc. at the sole discretion of HST, pursuant to conducting of investigation, the Patients shall be provided with a refund of such payment made by User on doctor’s behalf, at the time of booking. However, where cancellation charges have been levied, you would not be entitled to complete refund. The reasons stating such genuineness shall be sent through email over the email ID mentioned in the foregoing Clause.
18.5. HST reserves the right to make the final decision in case of a conflict.

19. DISCLAIMERS AND LIMITATION OF LIABILITY

19.1. While HST wants Your experience with it to be exceptional and safe, HST has no special relationship with or fiduciary duty or confidentiality obligation towards You. Information on HST App does not create licensed medical professional/patient relationship, between HST and you and does not constitute an opinion, medical advice, or diagnosis or treatment of any particular condition, but is only provided to assist you with locating appropriate medical care from a qualified practitioner.
19.2. The content and HST services and all materials, information, products and services included on the website, are provided on an “AS IS” and “AS AVAILABLE” basis and without warranties and conditions of any kind. HST cannot guarantee and does not promise any specific results from use of HST services. The use of the website is at Your sole risk and You fully accept responsibility for any consequences thereof.
19.3. HST has no control over and no duty to take any action regarding: (a) which user gains access to the website and/or HST services or content; (b) what content You access; (c) what affects the content may have on You; (d) how You may interpret or use the content; (e) or what actions or decisions You may take as a result of having being exposed to the content; and You release HST from any and all liability in respect thereof.
19.4. The views which are expressed by any member or professional are not the views of HST or any of its related persons/entities and HST accepts no liability in respect of any content/comment or other information/response shared by members or professionals, nor is HST responsible for its content or accuracy in any manner whatsoever.
19.5. HST disclaims any and/or liability arising out of Your use or reliance upon the website, HST services, representations and warranties made by the members/users or professionals, the content or information or any opinion or suggestion provided by any member/user or professional on the website or any services provided by any professional.
19.6. HST cannot be held responsible or liable in any way for the information that You request or You receive through or on the App/website or otherwise. In no event will HST be liable to any party for any direct, indirect, special, incidental, equitable, exemplary, punitive or consequential damages for any use of or reliance on the website including, without limitation, any personal or business interruptions, personal injuries, accidents, misapplication of information or any other loss, physical or mental disease, condition or issue, or otherwise, even if HST is expressly advised of the possibilities of such damages or difficulties.
19.7. HST expressly disclaims all warranties of any kind, express, implied, or statutory, relating to the content and HST services, including without limitation the warranties of titles, merchantability, fitness for a particular purpose, non-infringement of proprietary rights arising from statute or otherwise, course of dealing or course of performance.
19.8. HST has no control over or responsible for content, accuracy, validity, reliability, quality of such websites made available by or through the website. Inclusion of any link on the website does not mean or imply that HST endorses the linked website or webpage. You may use the links and service and content available thereon at Your own risk.
19.9. HST assumes no responsibility, and shall not be liable for any damages to, or viruses that may affect the equipment of the user/member on account of his/her access to, use of, or browsing the website or the downloading of any material, data, text, images, video content, audio content from the website. If You are dissatisfied with the website, Your remedy is to discontinue using the website/app.
19.10. HST does not warrant that the website, its servers, or email sent from HST are free of viruses or other harmful components. In no event shall HST be liable to any entity for any damages including direct, indirect, special, incidental, exemplary, punitive or consequential damages, arising in connection with any person’s use of the website or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission.
19.11. The results of any search Users perform on the Website for Practitioners should not be construed as an endorsement by HST of any such particular Practitioner.
19.12. Without prejudice to the generality of the foregoing, HST 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. User understands and agrees that HST will not be liable for:

19.12.1. User interactions and associated issues User has with the Practitioner;
19.12.2. The ability or intent of the Practitioner(s) or the lack of it, in fulfilling their obligations towards Users;
19.12.3. Any wrong medication or quality of treatment being given by the Practitioner(s), or any medical negligence on part of the Practitioner(s);
19.12.4. Inappropriate treatment, or similar difficulties or any type of inconvenience suffered by the User due to a failure on the part of the Practitioner to provide agreed Services;
19.12.5. Any misconduct or inappropriate behaviour by the Practitioner or the Practitioner’s staff;
19.12.6. Cancellation or no show by the Practitioner or rescheduling of booked appointment or any variation in the fees charged.

19.13. HST is not liable for any loss or damages in any circumstances which is caused by:

19.13.1. Errors, mistakes or inaccuracies on the service;
19.13.2. Any unauthorized use of service;
19.13.3. Any act or omission not done by HST;
19.13.4. Any untrue or incorrect information submitted by You or on Your behalf including but not limited to as a part of Your profile or content or comments;
19.13.5. Any decision taken by You or on Your behalf or any consequences thereof, based on any information provided by any other member/user or professional or available on the website;
19.13.6. Any cyber crime attempted or committed by anyone;
19.13.7. Any incident or force majeure ‘Act of God’; or
19.13.8. Any other acts/omission already disclaimed in this agreement, unless stated to the contrary.
19.13.9. Without prejudice to anything contained in this agreement, in no event, shall the cumulative liability of HST for any or all claims arising out of the use of the HST services or the website exceed the amount of peace, if any, that You paid to create or maintain Your account as a member.

19.14. You acknowledge that neither HST nor its parent, subsidiaries, affiliates, and their respective officers, trustees, directors, employees, agents and contractors and any other third parties mentioned on this Platform are neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, or other damages (including, without limitation, those resulting from personal injury, lost profits, lost data, or business interruption) arising out of or relating in any way to Platform, Platform-related services and products, content or information contained within the Platform and/or any hyperlinked patient portal, whether based on warranty, contract, tort, or any other legal theory and whether or not advised of the possibility of such damages.
19.15. Practitioners listed on the Platform have represented to Us under agreements entered into in this behalf that they are duly qualified to practice medicine in India and are enrolled on the medical register in one of the states of India. While HST make reasonable enquiries to confirm the veracity of this representation made to Us by the said medical practitioners, HST shall not be responsible for any misrepresentation or fraud in this regard. Neither HST recommend, nor we endorse HST medical practitioners or make any representations or warranties with respect to quality of the medical services provided by the said medical practitioners.
19.16. You acknowledge the limitations and potential risk of medical consultation through the use of Platform, including but not limited to the inability to carry out a physical examination or any other extensive investigations; delay in receiving diagnostic reports, delays or failures arising from the disruption of communication devices; information transmitted may not be sufficient (e.g. poor resolution of images); delays in evaluation or treatment due to failures of electronic equipment; a lack of access to Your medical records; accuracy of transcription reports as provided by Amazon Textract AWS, Comprehend Medical and Human Augmentation. You accept to ensure and recheck details of such transcriptions as added upon, by use of aforementioned. If any discrepancy with respect to information listed based on transcriptions, you shall manually correct the same immediately and send us a feedback on email address as mentioned in these Terms, at the earliest. You take full responsibility for ensuring that any information that You submit is complete and accurate and understand that the medical practitioner relies solely on the information provided by You.
19.17. We shall not be responsible for any errors in transmission or for the corruption or compromise of any information communicated over the Platform. Thus, before sharing any information or acting on any information or advice offered to You by or through the Platform, You should confirm that You have understood and accept the associated limitations and risks and agree that You are not using the Platform as a substitute for consultation with Your primary care physician.
19.18. Notwithstanding the foregoing paragraph, the total collective liability of HST, its officers, directors, employees, and agents, and its affiliates, information providers, and suppliers and their respective officers, directors, employees, and agents, if any, for losses or damages shall not exceed the subscription fees paid during one (1) calendar year by the Subscriber for the particular information or Services provided. All other damages, direct or indirect, special, incidental, consequential or punitive, including but not limited to, lost profits or damages resulting from lost data or business interruption arising from any use of or inability to use any Content or other parts of the Platform, are hereby excluded even if HST, its officers, directors, employees, and agents and its affiliates, information providers, and suppliers and their respective officers, directors, employees, and agents have been advised of the possibility of such damages.
19.19. It is hereby clarified for the avoidance of any doubt that HST merely provides an infrastructure that enables You to connect with Practitioners listed on the Platform and to access consultation facilities of the Platform that are designed to enable You to communicate/consult with a Practitioner.
19.20. The Services HST provide are not for use in case of any medical emergencies, for life threatening conditions or for when You require acute care. You should not disregard or delay to seek medical advice from Your physician based on anything that appears or is provided to You by or through the Platform.
19.21. The Platform may remain unavailable due to maintenance and support activities carried out by HST. HST shall make reasonable efforts to limit such activities to off-peak hours.
19.22. The Practitioner shall authenticate prescriptions and/or certificates issued to Patients through affixing signatures electronically. Practitioners shall be responsible for the genuineness of the same. HST takes no responsibility for the foregoing.

20. INDEMNITY

20.1. You agree to indemnify, defend, protect, release, and hold harmless HST, its officers, directors, employees, agents, and its affiliates, information providers, and suppliers and their respective officers, directors, agents, and employees harmless from and against any and all losses, expenses, damages to persons or property, injuries or deaths of persons, liability, claims, liens, demands, and causes of action, including claims of infringement of copyright, trademark, or other intellectual property rights, and including the amounts ordered/decreed/awarded by the Court/ Tribunal/ any other competent authority as refund of claim amount, damages, penalties, interest, court costs, and legal fees including reasonable attorney’s fees (hereinafter, “Claims”) incurred by HST, its affiliates or their respective officers, agents, and employees in defence of same in favour of any Person, including the Parties hereto and their employees, contractors, and agents in connection with these EULA or any activity related to Your Account or Your use of the Platform.
20.2. You understand and agree that such indemnity shall apply regardless of whether the Claims arise in whole or in part from the actual or alleged sole, comparative, concurrent, active, passive, contributory or gross negligence of HST, its affiliates and their respective officers, directors, agents, and employees or by You or any other person accessing and/or using the Platform and/or Your Account.
20.3. SOS helpline numbers are provided by HST on the App wherein numbers for a)Ambulance b)Fire stations c)Police stations d)Blood bank & e)Organ bank are available for Patients. HST accepts no liability if the contact numbers are not used in accordance with the foregoing, HST is not responsible for any change/update in the contact numbers for such listings, if not updated on the App or that the contact numbers are incorrect. If any issue with regards to the contact numbers of SOS listing as provided onto HST App occur, the Patient shall immediately inform HST about the same, by sending us an email onto address as provided.
20.4. It is hereby expressly clarified that, the Information that Patients obtain or receive from HST, and its employees, contractors, partners, sponsors, advertisers or otherwise on the Website/App 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 App/Website with respect to health information and health habits. 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 or otherwise.

21. PROFILES ON HST APP

21.1. HST provides Subscribers to create their profile onto HST App, after successful log in. Patients can upload picture, create dependent profile, add pictures to Dependent Profile, update each health and habit manually (health and habits include history, allergy, lifestyle habits, medication history, vaccination which can be shared with Practitioners ).

22. PRIVACY POLICY

22.1. Terms of use regulates the Privacy Policy. When You access or use our website/App, You need to abide by the guidelines and policies stated in the privacy policy. For any information related to the privacy policy You can visit the website Privacy Policy.

23. CONFIDENTIAL INFORMATION

23.1. During the course of availing HST Services and/or Your use of the Platform, You may receive information relating to Us, our Affiliates and/or to Services which may not be known to the general public (“Confidential Information”). You agree that:

23.1.1. All Confidential Information will remain the exclusive property of HST;
23.1.2. You will use Confidential Information only as is reasonably necessary for availing the Services and ensure that any Persons who have access to Confidential Information through Your Account will be made aware of and will comply with the obligations in this provision; and
23.1.3. You will not otherwise disclose Confidential Information to any individual, or other third party, including any Affiliates. You may not issue any press release or make any public statement related to the Services, or use Our name, trademarks or logo in any way (including in promotional material) without Our advance written permission or misrepresent or embellish the relationship between Us in any way.

24. INTELLECTUAL PROPERTY RIGHTS

24.1. The applications and logo trade marks are trade mark/copyright ownership of HST and follows the country laws with international conventions and standards. The rights of the usage of the application are reserved by us.
24.2. No license or right is granted and Your use of and/or the Platform therein shall not constitute by implication, estoppel or otherwise, any license or right of use.
24.3. You shall not download or encourage others to download copyrighted works, trademarks, or other proprietary information without obtaining the prior written consent of the owner of the Content. In the event of infringement HST shall on its own sole discretion take necessary steps.
24.4. User acknowledges that all intellectual property rights in the User Comment on Community forum vests with HST. The User agrees not to infringe upon HST’s intellectual property by copying or plagiarizing content on HST’s Forum . HST reserves its right to initiate all necessary legal remedies available to them in case of such an infringement by the User. Also, User Comment will be the sole intellectual property of HST. The User agrees not to post User Comment that would violate the intellectual property of any third party, including but not limited to patent, trademark, copyright or other proprietary rights. HST reserves the right to remove any User Comment which it may determine at its own discretion as violating the intellectual property rights of any third party or upon intimation by third party. The User agrees to absolve HST from and indemnify HST against all claims that may arise as a result of any third party intellectual property right claim that may arise from the User Comment or posts.
24.5. Without limiting the foregoing, if it is believed that your work has been copied and posted onto HST forum, in a way that it constitutes copyright information, you may send a complaint. HST takes copyright and related IP infringements very seriously. If you feel your copyright has been violated and the same does not qualify under exceptions of the Copyright Act, 1957, you may notify us and raise your concern by sending us a Complaint by sending us an email on info@healthsafetoday.com. The Complaint shall contain all the necessary particulars as prescribed under the Copyright Act, 1957 and Rule 75 of the Copyright Rules, 2013. You acknowledge that failure to comply with with all of the requirements of the foregoing may result in an invalidity of the Complaint as made under the Copyright Act, 1957 and Rule 75 of the Copyright Rules, 2013. If HST is satisfied, it shall take necessary steps as per IT Act, 2000 and Rules 2021.

25. FORCE MAJEURE

25.1. HST shall have no liability or obligations for any incidental damage or delays in performance or non‐performance caused by circumstances beyond its control. Such circumstances or events include but not limited to electric outage, storms, earthquakes, flooding, fires, lightening, or any other Act of God and government actions, labor strikes, labor shortage, cyber-attacks or the inability to obtain materials, equipment or transportation.

26. GENERAL TERMS

26.1. The terms of use comprise of the entire agreement between HST and the User. The entire oral and written communication along with negotiations and proposals made outside of it is replaced by the agreement.
26.2. HST is not liable for failing to fulfil the obligations which results in circumstances that are beyond control.
26.3. The failure of HST to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If for any reason a court or authority finds that any provision or portion of these Terms of Use is unenforceable, the remainder of these terms will continue in force and effect.
26.4. HST shall, not later than (72) seventy two hours of the receipt of an order, provide information under its control or possession, to the Government agency which is lawfully authorised for investigative or protective or cyber security activities, for the purposes of verification of identity, or for the prevention, detection, investigation, or prosecution, of offences under any law for the time being in force, or for cyber security incidents.

27. SETTLEMENT OF DISPUTES

27.1. HST should be the first point of contact to resolve or attempt to resolve any dispute.
27.2. In case of failure to settle the disputes amicably within 30 days, the same shall be finally settled under the Arbitration and Conciliation Act 1996 of India by appointing two Arbitrators, one by each party and a Presiding Arbitrator to be appointed by the said Arbitrators.
27.3. The seat of Arbitration shall be Delhi and within the Jurisdiction of the Court of Law at Delhi, India.
27.4. The arbitrator nominated by HST shall be an independent advocate, having a minimum of 5 years of experience as practicing advocate.
27.5. The Arbitration shall be conducted in the English language. The award given by the arbitrator shall be final and binding upon the parties including costs of proceedings.

28. SEVERANCE

28.1. If any term or provision of these EULA or any part thereof is subsequently declared to be invalid or unenforceable or illegal by a court of competent jurisdiction or by a competent authority or by Act of Parliament or otherwise, such provision or part thereof shall be ineffective or struck off or deleted only to the extent of such invalidity or unenforceability or illegality and such determination shall not affect any of the remaining terms and provisions. The remainder of provisions of these EULA will remain in force and effect and shall be interpreted so as to reasonably effect the commercial intention of the parties herein.

29. NON-WAIVER

29.1. None of the conditions or provisions of these EULA shall be held to have been waived by any act or knowledge on the part of either party, except by an instrument in writing signed by a duly authorized officer or representative of such party and duly received and expressly consented in writing by the other party. Further, the waiver by either party of any right hereunder or the failure to enforce at any time any of the provisions of these EULA, or any rights with respect thereto, shall not be deemed to be a waiver of any other rights hereunder or any breach or failure of performance of the other party.

30. FEEDBACK

30.1. By using this Website/App, you agree that any information shared by you with HST or with any Practitioner will be subject to our Privacy Policy.
30.2. Subscriber can leave feedback on the services offered by Practitioners or rate the HST App.
30.3. You are solely responsible for the content that you choose to submit for publication on the Website/App, including any feedback, ratings, or reviews relating to Practitioners or other healthcare professionals or providers. The role of HST in publishing the said Content is restricted to that of an ‘intermediary’ under the Information Technology Act, 2000 as mentioned in foregoing Clauses.
30.4. Your publication of reviews and feedback on the Website is governed by Clause 30 of these Terms and/or any other related Terms of this EULA.

31. CONTACT US

31.1. You can contact us at the email address info@healthsafetoday.com for any queries or concerns related to the app or any policy or privacy practices.

32. GRIEVANCE REDRESSAL

32.1. Grievance officer: Suhela Kapoor
32.2. Contact details for Mail: Email Id: hello@healthsafetoday.com
32.3. The said grievance officer shall:

32.3.1. Redress complaints within one month from the date of receipt of the said complaint sent to us through email or mail;
33.3.2. Dispose off such complaint within a period of fifteen days from the date of its receipt;
32.3.4. Within twenty-four hours from the receipt of a complaint made by an individual or any person on his behalf, in relation to any content which is prima facie in the nature of any material which exposes the private area of such individual, shows such individual in full or partial nudity or shows or depicts such individual in any sexual act or conduct, or is in the nature of impersonation in an electronic form, including artificially morphed images of such individual, take all reasonable and practicable measures to remove or disable access to such content;

33. CHANGES TO THIS EULA

33.1. The said Terms of Use has been prepared as on 20.09.2020 as per existing laws/regulations/ other governing regulations as applicable on the said date. We may update our Terms of Use from time to time. Thus, You are advised to review this page periodically for any changes. HST strives to inform its users at least on an annual basis of any change in the privacy policy terms or rules or other regulations as per IG Rules 2021. We will notify You of any changes by posting the new Terms of Use on this page or on modes prescribed herein. These changes are effective immediately after they are posted on this page.