This document contains terms and conditions (“Terms of Services”) as an electronic record pursuant to the provisions of the Information Technology Act, 2000, (“IT Act”), and rules made thereunder. Further, this electronic record is generated by a computer system and does not require any physical or digital signatures. This electronic record is published in accordance with the relevant provisions of the IT Act and rules made thereunder.

These terms and conditions ("Agreement") sets forth the general terms and conditions of your use of this mobile application, web-based application, web page, mobile web page (hereinafter collectively referred to as "Services"). This Agreement is legally binding between you ("User", "you" or "your") and Ipass Solutions Private Limited ("IPASS", "we", "us" or "our"). By accessing and using the Website and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the terms "User", "you" or "your" shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this Agreement, you must not accept this Agreement and may not access and use the Website and Services. You acknowledge that this Agreement is a contract between you and IPASS, even though it is electronic and is not physically signed by you, and it governs your use of the Website and Services.

IPASS shall mean and include IPASS, its subsidiaries, associate companies, parent company(ies), representatives, officers, directors, licensors, licensees thereof (hereinafter collectively called as IPASS). Please note that the use of words “includes”, “include”, or “including” refers to “including but not limited to” in all senses.

Accounts and membership

• Users must be at least 18 years of age and must be qualified and registered medical practitioners to use the Platform. By creating an account, Users warrant and represent that they meet these requirements.
• Users must provide valid proof of their medical qualifications, registration with the appropriate medical board or authority, and any other credentials required by applicable laws and regulations. The Company reserves the right to verify and authenticate the submitted documents before granting access to the Platform.
• Users are responsible for maintaining the security of their accounts and are fully liable for any activities conducted under their accounts.
• The Company may monitor and review new accounts before allowing access to the Services. Providing false, misleading, or incomplete information may result in termination of the account.
• Users must promptly notify the Company of any unauthorized use of their accounts or security breaches. The Company is not liable for any damages resulting from User acts or omissions.
• The Company reserves the right to suspend, disable, or delete accounts if it determines that a User has violated these Terms or engaged in conduct detrimental to the Platform’s reputation. Users who have had their accounts deleted for such reasons may not re-register.
• If any submitted proof of medical credentials is found to be false or fraudulent, the Company reserves the right to terminate the account and prevent future registrations. Users indemnify the Company against any liabilities arising from violations of this clause.

Services

• The Services provided by IPASS include the provision of a technology platform ("Platform") that enables registered medical practitioners ("Users") to connect with patients for consultations, appointments, and prescriptions. The Platform facilitates communication and interaction between Users and patients but does not itself provide medical or healthcare services. The Company does not employ or engage medical practitioners as its agents, contractors, or partners.
• The medical consultations, treatments, prescriptions, and any other services provided by Users through the Platform shall be referred to as "Healthcare Services." The term "Services" does not include Healthcare Services. The Company is not responsible for the provision of Healthcare Services, nor does it verify or guarantee the accuracy of medical advice, diagnoses, or prescriptions provided by Users. Users are solely responsible for the services they offer or provide through the Platform.
• The Platform is made available to Users on a subscription basis for personal and professional use in providing medical consultations to patients. The Platform is intended for use only within India. If a User accesses the Platform from outside India, they shall be deemed to have accepted the Company’s terms and conditions applicable to that jurisdiction.
• The Services are made available under various brands owned by or otherwise licensed to the Company and its affiliates.
• As part of the Services, the Platform may send Users notifications, including text messages, emails, or WhatsApp messages related to appointments, consultations, and other interactions with patients. Users may opt out of receiving such communications by contacting the Company at [email protected] or adjusting their settings within the Platform. However, opting out may impact the Company's ability to provide certain Services.
• Users may be required to furnish identification proof to access certain features of the Platform. Failure to comply with such requirements may result in restricted access to the Services.
• If any submitted proof of medical credentials is found to be false or fraudulent, the Company reserves the right to terminate the account and prevent future registrations. Users indemnify the Company against any liabilities arising from violations of this clause.

User restrictions

Users shall not use the Platform for any illegal or prohibited activities, including but not limited to the misuse of data, fraudulent activities, or medical malpractice. Users shall indemnify the Company from all liabilities arising out of their use of the Platform, including any damages caused by the sharing of inaccurate, misleading, or illegal data.

Content confirmation

• The Platform may contain interactive features that allow Users to post, upload, publish, display, transmit, or submit comments, reviews, suggestions, feedback, or other content (“User Content”).
• To ensure quality control, the Company may request reviews from patients regarding Users. Users acknowledge that patients may provide feedback, and they agree not to knowingly provide false, misleading, or inaccurate reviews. The Company may use these reviews for quality assessment and to determine the appropriateness of Users on the Platform. If, at its sole discretion, the Company determines that a User is not an appropriate participant, it reserves the right to cancel their subscription and remove them from the Platform.
• Users grant the Company a non-exclusive, worldwide, perpetual, irrevocable, transferable, sublicensable, and royalty-free license to use, store, publish, display, transfer, process, and distribute User Content for the operation of the Platform. This license includes the right to use User Content for promotional purposes or legal compliance.
• Users waive any claims arising from moral rights or similar rights related to the use of User Content as outlined in these Terms.
• The Company reserves the right to remove or restrict access to any User Content that violates these Terms, without prior notice to the User.

Billing and payments

• The Company does not charge users for consultations directly but facilitates payments between patients and Healthcare Professional users. Fees for Healthcare Services, including consultation charges, diagnostic fees, and any other associated costs, are determined solely by Healthcare Professional users.
• Taxes: All applicable taxes will be added to the charges as per relevant laws.
• Payment Processors: Payments are processed through third-party payment providers. The Company is not responsible for errors, delays, or failures in payment processing. Refunds, if applicable, will be governed by the policies of the respective payment processors.
• Cancellation: Patients may cancel their appointment as per the cancellation policy defined by the Healthcare Professional user. Cancellation fees, if any, will be as per the applicable policy and may be deducted accordingly
• The Company is not responsible for any refunds, disputes, or payment-related issues between users and Healthcare Professional users.

Consent To Use Data

• You agree that we may, in accordance with our Privacy Policy, collect and use your personal data. The Privacy Policy is available at https://www.ipasssolutions.com/privacy-policy and it explains the categories of personal data that we collect or otherwise process about you and the manner in which we process such data.
• In addition to any consent you may provide pursuant to the Privacy Policy, you hereby consent to us sharing your information with our affiliates or other third party service providers. We may use information and data pertaining to your use of the Services for provision of the Services, analytics, trend identification, and purposes of statistics to further enhance the effectiveness and efficiency of our Services, and provision of beneficial schemes, new offers, and for experience enhancement.
• Subject to applicable laws, we may be directed by law enforcement agencies or the government and related bodies to disclose data in relation to you in connection with criminal or civil proceedings. You understand and agree that in such instances we shall have the right to share such data with relevant agencies or bodies.

Appointment Requests and Scheduling

• The Platform enables patients to request appointments with medical practitioners ("Users") based on available slots. The Company will make reasonable efforts to facilitate these requests but does not guarantee the availability of any particular User.
• Once a booking request is made, confirmation will be sent via SMS, email, or push notification. The booking is considered confirmed only when the User accepts the request.
• Cancellations made before confirmation will not incur any charges. However, cancellations after confirmation may be subject to a fee as per the User’s cancellation policy.
• In case of unavailability or cancellation by a selected User, the Company may, upon request, suggest an alternative User.

Backups

We perform regular backups of the Website and its Content and will do our best to ensure completeness and accuracy of these backups. In the event of the hardware failure or data loss we will restore backups automatically to minimize the impact and downtime.

User Responsibilities

• Users represent and warrant that all information provided in relation to the Services is complete, true, and accurate as of the date of agreeing to these Terms and shall remain so while availing the Services. Any changes to the provided information must be promptly communicated to the Company. The Company shall not be held responsible for any loss or damage resulting from incorrect, incomplete, or misleading information provided by Users.
• Users shall fully cooperate with the Company in defending any legal proceedings arising due to a breach of these Terms by the User.
• Regarding User Content, the User represents and warrants that: i. They own all intellectual property rights (or have obtained necessary permissions) for the User Content provided on the Platform. ii. They are solely responsible for all activities under their account on the Platform. iii. The User Content does not violate any applicable laws or obligations under other agreements. iv. The User Content does not infringe upon any third-party intellectual property or proprietary rights. v. The User Content does not contain viruses, corrupted data, or other harmful components. vi. The User Content does not violate any third-party rights. vii. The User Content does not contain defamatory, obscene, unlawful, offensive, or otherwise objectionable material.
• Users shall not use the Services except as expressly permitted in these Terms. Specifically, Users shall not: i. Infringe any proprietary rights, including copyrights, patents, trademarks, or trade secrets. ii. Copy, distribute, modify, publish, store, or create derivative works from the Services, except as permitted. iii. Use the Services to transmit harmful or malicious software. iv. Use any automated means to access or monitor the Platform. v. Engage in systematic retrieval of content to create a database or compilation. vi. Use the Services in any unlawful or fraudulent manner. vii. Decompile, reverse-engineer, or tamper with the Services. viii. Attempt unauthorized access to any portion of the Services. ix. Solicit, attempt to influence, or encourage doctors or patients to use services outside the Platform.

Platform Limitations and Indemnity

• The Platform functions solely as an intermediary connecting medical practitioners and patients. The Company does not provide medical consultations, diagnoses, prescriptions, or treatments.
• The Company does not assume liability for the accuracy, reliability, or outcomes of any medical advice, prescriptions, or recommendations provided by Users. Patients are responsible for verifying the credibility and expertise of the Users they choose to consult.
• The Company is not responsible for any issues arising from consultations, including misdiagnoses, prescription errors, adverse reactions, or medical complications. All engagements between Users and patients are strictly between them, and the Company is indemnified against any claims, damages, or disputes.
• Users shall indemnify and hold harmless the Company from any claims, liabilities, or damages arising from the use of the Services, including but not limited to claims of malpractice, negligence, or misrepresentation by Users or patients.

Intellectual Property Rights

"Intellectual Property Rights" include all present and future rights related to copyrights, trademarks, patents, designs, and other forms of proprietary protection, whether registered or unregistered. This Agreement does not transfer any intellectual property rights owned by the Company or third parties. All trademarks, service marks, and logos used in connection with the Platform remain the property of their respective owners.

Users are responsible for ensuring that any content they upload does not infringe third-party intellectual property rights. By using the Platform, Users grant the Company a license to use such content for platform-related purposes. Users shall indemnify the Company against claims arising from intellectual property violations

Disclaimer of Warranty

• The Services are provided on an "as is" and "as available" basis. Your use of the Platform is at your own risk. We disclaim all warranties, express or implied, including but not limited to fitness for a particular purpose, accuracy, reliability, or non-infringement.
• We do not guarantee uninterrupted, secure, or error-free access to the Platform. We are not responsible for any data loss, system failures, or service interruptions.
• Any reliance on information obtained through the Platform is solely at your own risk. We do not verify or endorse any medical opinions, prescriptions, or treatment plans provided by doctors.
• No advice or information obtained from us shall create any warranty not expressly stated herein.

Limitation of liability

The Company acts solely as a technology platform enabling connections between patient users and Healthcare Professional users and is not liable for any medical advice, diagnosis, treatment, prescription, or any other healthcare-related services. Users acknowledge that they use the Platform at their own risk and agree to indemnify and hold the Company harmless from any claims, damages, losses, or liabilities arising from their use of the Platform.

The Company disclaims all warranties, including fitness for a particular purpose, and shall not be liable for any direct, indirect, incidental, or consequential damages resulting from the use of the Platform or reliance on any information shared therein

Indemnification and Damages

You agree to indemnify and hold IPASS and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your use of the Website and Services or any wilful misconduct on your part.

Though IPASS takes all necessary steps to avoid damages, IPASS is indemnified from all liabilities that may arise due to any natural calamities, power fluctuations at the transformer or charging point which is beyond the control of IPASS and such other damages that maybe caused to you due to any action beyond the control of IPASS. Further IPASS is indemnified from all the other liabilities that are mentioned in other clauses.

IPASS is entitled to claim any damages from you in case if the damage is caused to the charging point or station or any power supply or third party claims if they face any damage/loss due to your electric vehicle or any part of your vehicle or due to your negligence.

Severability

All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.

Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Jurisdiction and Arbitration

In the event of any dispute or difference between the parties hereto, the courts in Hyderabad alone shall have exclusive jurisdiction to try any matter arising between the parties here-to and accordingly both the parties shall submit to the exclusive jurisdiction of courts in Hyderabad as mutually decided at that time for this purpose.

Any dispute arising about any aspect of this terms and conditions shall be settled through mutual consultation and agreement, by the parties to this agreement. In case a settlement is not arrived at, the dispute/s will come under the purview of the Arbitration and Conciliation Act, 1996 of India and the area of jurisdiction will be Hyderabad.

Grievance Redressal

• You may contact our designated Grievance Redressal Officer with any complaints or queries relating to the Services or these Terms through registered post or through email, details of which are provided below: Name: Sriram Medepalli
  Designation: Co-Founder
  Email Address: [email protected]
• We shall ensure that your complaint is resolved within timelines prescribed by applicable laws.

Changes and amendments

We reserve the right to modify this Agreement or its terms relating to the Website and Services at any time, effective upon posting of an updated version of this Agreement on the Website. When we do, we will revise the updated date at the bottom of this page. Continued use of the Website and Services after any such changes shall constitute your consent to such changes.

Acceptance of these terms

You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Website and Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Website and Services.

Contacting us

If you would like to contact us to understand more about this Agreement or wish to contact us concerning any matter relating to it, you may send an email to [email protected].