EASZO
Terms & Conditions
Sevenswans Services Private Limited / EASZO (referred to as “us”, “we”, “Easzo”) and its affiliated group companies under the brand “EASZO” is the author and publisher of the brand EASZO and the publisher of internet recourse www.easzo.com (referred to as “website”) and the mobile application EASZO (referred to as app and together referred to as “services”). EASZO is the sole owner and service provider of this website.
1. NATURE AND APPLICABILITY OF TERMS.
Please go through the terms and conditions carefully (“TERMS”) and the privacy policy accessible at (www.easzopets.com or www.easzo.com) (“Privacy policy”) before you decide to use the website or App and avail the services made available by us. These terms and the privacy policy listed down on the website together constitute a legal agreement (“Agreement”) between you and Easzo, which is in connection with your visit to the Website/ app and use of Services. (Defined below.)
This Agreement is applicable to you, whether you are-
- A medical practitioner or a health care provider or a veterinary practitioner (whether a single practitioner or an organization) or animal groomer, animal sitter or animal cleaner or any other similar institution who wish to be listed or already listed on the website or App. (“Practitioner(s)”, “you” or “user”); or
- A patient or his/her representative/ attendant/ relative/friend or affiliates, looking for practitioners through this website or App (“End-User”, “you” or “user”); or
- A user of the Website or App (“End-User”, “you” or “user”);
This Agreement applies to all services made available by Easzo through the website or App.
- For Practitioners (Practitioner for human and a Veterinary practitioner.)
- Animal groomers, animal sitters and animal cleaner.
- For Users.
- Nurse services
- For animals (including domestic, exotic and cattle) who are represented by their owners or by animal helper.
At the sole discretion of Easzo, all the services available on the website may change from time to time. For any visit done by you on the website or the app, this shall be applicable for you when any services have been availed by you along with the information given by you.
This agreement details the manner in which your account will be treated by Easzo when you are registered as a member with us. The Agreement mentions the rights you have by the use of this Website. If you have any query regarding any part of the Agreement then please feel free to reach us at [email protected] or [email protected].
There takes place an irrevocable acceptance on your part when you decide to avail the services of Easzo by the use of Website or App along with the acceptance of Privacy Policy. If any oral or written terms and conditions have been communicated to you by Easzo then all such communication shall seize to exist by the acceptance of this Agreement. Hence, an acceptance is placed by you on your part for availing our services through this Agreement. We have a right to modify or terminate any portion of this Agreement at any point of time for any reason.
If Easzo makes any modifications to the agreement , You must take your responsibility to go through this Agreement at regular intervals. After any such modifications, if there is any use on your part to avail the services on this Website or App then it shall be bound that you have agreed to this Agreement which is modified.
There is an acknowledgement by you that you will be bound by this Agreement for availing the services offered by us. If you do not wish to agree with any part of this Agreement, please avoid using our Website or App for availing any services.
This Agreement is published in compliance and is governed as per the provisions of Indian Law, but not limited to:
- The Indian Contract, 1872.
- The Information Technology Act, 2000 and
- The rules, regulations, guidelines and clarifications framed there under, including the (Indian) Information Technology (Reasonable Security Places and Procedures and Sensitive Personal Information) Rules, 2011 ( the “SPI Rules”), and the (Indian) Information Technology ( Intermediaries Guidelines) Rules, 2011 ( the “IG Rules”).
2. DATA PRIVACY AND END- USER ACCOUNT.
- “Personal Information” and “sensitive personal data or information” both of these terms are defined under the SPI rules and are reproduced in the Privacy Policy.
- Easzo has the rights to access the details about the registered users and will be used for communication purpose which would improve the methods for booking appointment and to obtain feedback about the practitioner, veterinary practitioner, pet groomer, pet sitter or pet cleaner, nursing. Any information collected by Easzo will be used for improving the quality of the service provided and for building any new services for humans and pet/animals.
- Easzo is not responsible for the user’s account and maintaining the account of the registered user. You are solely responsible for your registered account and if there is any issue the user is facing then it should be immediately informed to Easzo through its support. Easzo holds no liability on the authenticity of sensitive personal data or information provided by the user or towards the pet owner or animal helper.
- If it is found by Easzo that any information provided by the User is incorrect, untrue, and incomplete or which may in future become incorrect, untrue, incomplete then Easzo has all rights to suspend the user from availing any services on the website. If necessary any information may be collected from the user from time to time to amend any related queries and to improve the services provided by Easzo.
- The user when chooses to place a call for support then such call shall be recorded and stored in Easzo server. Such recording shall be done by stating the purpose for recording and the consent for such recording are dealt as per the Privacy Policy. Such recordings shall be accessed by Easzo to keep a control on quality and support related purposes. Any such call made shall only be related to appointment and booking purpose only but not for consultation on any health related issue whether it be for the user or the user’s animal. Easzo does not accept the liability for any call facility which is not used in accordance with the foregoing.
- By the use of this Website, you agree that any information which is shared by you whether it is about you or of another person or of any animal to Easzo or with any other person, medical service provider or anyone else using the Website, App or Services will be subject to our Privacy Policy.
- The services offered by EASZO now or in future may include a path to converse with EASZO, its partners or other practitioners including in our service offerings through various medium like chat, text, video call or voice call, such conversations, cal or exchange of information may be recorded and stored in EASZO or its partners server will be delt with the accordance with the terms of our Privacy Policy.
- The Privacy Policy sets out:
- The means, purpose and usage of such information collected.
- To whom and how will the information be disclosed
- The information collected from the users, including sensitive personal data or information.
- Other information mandated by SPI rules.
- It is expected by the user to read and understand the privacy policy to ensure that he or she has the knowledge of:
- The user must be aware about the information which is collected.
- The reason for why the information is collected by Easzo.
- The intended recipients of the information.
- The retention of information and nature of collection.
- The rights available to the user.
3. CONDITIONS OF USE.
To register for availing any of our services or visiting us for the use of the Website or App in any manner, you must be 18 years of age or older to register. You represent and warrant to Easzo that you are 18 years of age or older by registering, visiting or using the Website or App or accepting this Agreement. That you have the right, authority and are in capacity to use the Website or the App for making use of the services available and agree to abide by this Agreement.
4. RELEVANCE ALGORITHM.
The relevant algorithm for practitioners is fully automated that lists down the profile, information of the Practitioners and their practice on the Website and App. These listings are not under the control of Easzo and it is not represented based on any fixed ranking or endorsement. There shall be no liability on Easzo for any change on the search results of the Practitioner which may take place from time to time. The listing of the Practitioner will be based on various factors such as inputs made by users that is the comments and feedback which are through automated computation. In no way, shall Easzo be liable for any accuracy and relevancy for the listing order of the Practitioner on the Website or App.
5. CALLING FACILITY AND BOOKING OF APPOINTMENT.
Easzo enables its users to connect with practitioners in two ways. First, is Online Consultation mode (via chat, audio call and video call); second, is at Home Consultation mode, where the practitioner shall visit the patient’s house and provide consultation. This is applicable for both human as well as pets/animals.
- There shall lie no liability on Easzo if any appointment is cancelled, rescheduled, or postponed by the Practitioner (both a practitioner for human and a veterinary practitioner), or the same practitioner is not available for appointment.
- Easzo has the right to reserve the information shared by the user whether about himself or his pet with the Practitioner through telephonic services, chat, text, voice calls, video calls or directly and store such information and conversation of the user with practitioner, as per in accordance with the Privacy policy.
- EASZO will try to confirm the appointment made by you with a medical service provider/ practitioner by your request on either website or app, but EASZO does not be liable for the full confirmation of the user appointment.
- If the user performs a search for practitioners on the website or the app, then shall should not be construed as an endorsement for any such particular practitioner. It’s upon the user to choose the practitioner with whom he wishes to engage to avail medical service and the user shall be doing it at his own risk.
- Easzo will not be liable for the correctness of the qualifications of the practitioner, it is the duty of the practitioner to provide with the correct details regarding his qualification, education, experience, etc, if Easzo find that the details provided by the practitioner are not genuine then Easzo hs the rights to take action against the practitioner. The user should also confirm the qualification of the practitioner before booking.
- Any interactions and associated issues which are administered by you with other users but not limited to health issues of you or the animal’s is strictly between you and the other users/ practitioner. You cannot hold Easzo responsible for any such interactions and issues, making Easzo liable. Easzo is not liable in providing any healthcare or medical advice or diagnosis for you or your pet and hence is not responsible for any interactions between you and the practitioner. Easzo is not liable for :
- Any interactions between the user and the practitioner;
- The practitioner(s) ability or intent or lack of it in fulfilling their obligation towards users;
- Easzo shall not be held liable for any wrong medication or quality of treatment given by the Practitioner(s) or any medical negligence caused on the part of the practitioner.
- Easzo shall not be held liable for any inappropriate treatment or any such similar difficulties or any type of inconvenience caused by the practitioner to provide any service to the user.
- Easzo shall not be held liable for any misconduct or inappropriate behavior and actions by the practitioners or the practitioner’s staff towards the user.
- If you decide to engage with a medical service provider to provide medical services to you, you do so at your own risk. EASZO or its Partners shall not be responsible for any breach of service or service deficiency by any medical service provider you connect, engage or transact with using the Website or App. We advise you to perform your own investigation or get feedback prior to selecting a doctor or any other service provider available on the Website or App.
- If there is any cancellation or no presence has been made by the Practitioner after any booked appointment with the user, then Easzo shall not be liable for such performance.
- Cancellation or rescheduled or any variance of the fee charged regarding the booking of the appointment.
- Easzo shall not be held liable for any interaction between the Veterinary practitioner and the animal and the owner of the pet/animal parent. Neither shall Easzo be liable towards any action performed by the pet groomer, pet sitter and pet cleaner.
- The users are given chance to provide their feedback and experience they had with the practitioner, anyhow the user must make sure that the language used must not be violate against any applicable law and he addresses the issue with ethics. Easzo shall not be obliged to act in such manner as may be required to give effect to the content of Users feedback, such as suggestions for delisting of a particular Practitioner from the Website or App.
6. CONTENT LISTING AND DISPERSAL OF INFORMATION.
There is a responsible effort by Easzo to ensure all necessary information is updated at regular intervals. Easzo cannot be held liable for any inaccuracies or incompleteness on the part of the information and photos submitted by the practitioners. Easzo collects either directly or indirectly and displays on the website, information regarding profile and practice of practitioners listed on the website and the App covering aspects like specialization, qualifications, fees, location, visiting hours and other similar details.
Easzo avoids providing or making any representation, warranty or guarantee, express or implied about the Website or its services. There is no guarantee provided on the accuracy and completeness of any content or information which is provided by the users on the Website or App. Services provided by Easzo or by any of its licensers or service providers are provided on “as available” basis and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade).
For any damage or loss caused by the user’s fault, the user shall be liable to indemnify it back to Easzo through any of its misrepresentation or fraudulent feedback which has adversely affected Easzo or its users. If it is found that any fraudulent, inaccurate or incomplete information, feedback is provided by the user. Easzo has the right to immediately suspend the access of the user on the Website or the App or on any of the user’s account with Easzo.
There shall not lie any responsibility on Easzo for any damages or viruses that may impact the User’s equipment on account of the user’s access to, use of, or browsing of the Website or App and by downloading any material, data, text, images, video content or audio content. If the user is found to be dissatisfied, the sole remedy he has is to discontinue the use of the Website or the App.
If any link is added to the website it would not mean as though Easzo is endorsing the linked site. It is upon the User whether he wants to use the link or not avail the services at the User’s own risk. The Website or the App may be linked to the website of any third party, affiliates and business partners. Easzo has no control over and is not liable for any content, accuracy, validity, reliability, quality of such websites or made available through Website or the App.
7. ONLINE PAYMENT ON WEBSITE AND APP.
- For online payment through website or the app, the user will be directed for payment through payment gateway / third party payment gateway when he books an appointment with a practitioner whether it is for human or the animal.
- If you choose to pay online, you may be directed to a third party payment gateway to enable processing of the payment. This transaction will be governed by the terms and conditions and privacy policy of the third party payment gateway. Easzo shall not be liable (a) if any transaction does not fructify or may not be completed or (b) for any failure on part of the bank or the credit card or the third party site or agency to perform any of its obligations or (c) in respect of any loss or damage arising directly or indirectly arising out of the decline or acceptance of authorization for any transaction, for any reason whatsoever.
- REFUND POLICY.
- The user will be refunded the entire amount back if the practitioner fails to present himself when an appointment is taken by the user. The user also gets a refund back in case a veterinary practitioner, animal groomer, animal sitter and animal cleaner fail to show up at the allotted time and do not respond to the user for the next appointment.
- The user however will not be reversed with the entire paid amount if there is cancellation of appointment by the user, or the user fails to show up before the practitioner on allotted time (via video call, phone call, mail or chat box) or if the user is not ready to listen to any suggestion given by the practitioner or if the user is not residing at his pace of residence when the practitioner visits the place.
- The user shall not be refunded back any amount, if he has failed to comply with the prescription given by the practitioner and takes any wrong prescription despite what was provided to him by the practitioner. Neither Easzo nor practitioner should not be held liable in such case and be asked for any refund on the mistake of the user or the practitioner.
- When a veterinary practitioner has been booked for an animal and any prescribed medicines suggested by him is not followed by you to improve the health of the animal which leads to further deterioration of the animal. In such cases neither Easzo nor the practitioner is liable to refund any amount back since it’s the fault of the user or the animal helper.
Cancelation Policy:
In case cancellation is initiation by end user:
2 hrs Before Schedule Appointment Time- 100% of Consultation Fees will be refunded. However, please note that convenience fees will not be refunded.
Partial Fee will be refunded if the user cancels the appointment within 2 hrs from the time of the appointment.
After Scheduled Appointment Time- neither Consultation Fees nor Convenience Fees will be refunded.
In case Cancellation is initiated by relevant practitioner due to unavailability of the practitioner: 100% of consultation Fees and Convenience fees will be refunded to end user.
At the time of cancellation, amount will be refunded via same source of payment and will be subject to the payment.
IN EMERGENCY CASES, THERE IS NO DOCTOR-PATIENT RELATIONSHIP.
- Any Information that you obtain or receive from Easzo, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Website or App is for informational purposes only. In no event, Easzo shall be liable to you or anyone else for any decision made or action taken by you in reliance on such information.
- The Services are not intended to be a substitute for getting in touch with emergency healthcare. If you are a User facing any medical emergency (either on your or another person’s behalf or for your pet), please contact an ambulance service, hospital, doctor or appropriate medical professional directly.
- The provision of such Information that is the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, “Information”) that may be available on the Website or App does not create a licensed medical professional/patient relationship, between Easzo 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.
9. FEEDBACK AND REVIEWS PROVIDED TO EASZO.
By using this Website/app, you agree that any information shared by you with EASZO or with any other person, medical service provider or anyone else using the Website, App or Services will be subject to our Privacy Policy.
- You shall be held solely responsible for any content which you choose to submit for publication on the Website or App, including any feedback, ratings or reviews (“Critical Content”). The role of Easzo in publishing Critical Content is restricted to that of an ‘intermediary’ under the Information Technology Act, 2000. Easzo disclaims all responsibility with respect to the content of Critical Content, and its role with respect to such content is restricted to its obligations as an ‘intermediary’ under the said Act. Easzo shall not be liable to pay any consideration to any User for re-publishing any content across any of its or its Partners platforms.
- Your publication of reviews and feedback on the Website or App is governed by Clause 10 stated hereinafter. Without prejudice to the detailed terms stated in Clause 10, you hereby agree not to post or publish any content on the Website that (a) infringes any third-party intellectual property or publicity or privacy rights, or (b) violates any applicable law or regulation, including but not limited to the IG Rules and SPI Rules. Easzo at its sole discretion, may choose not to publish your reviews and feedback, if so required by applicable law, and in accordance with Clause 5 of these Terms.
- You agree that Easzo may contact you through your number, email, SMS, or any other electronic means of communication for the purpose of: Obtaining Feedback in relation to Website, App or the service provided by Easzo; and/or Obtaining feedback in relation to any medical service providers on the Website or App; and /or Resolving any complaints, information or queries by medical service providers regarding your critical content. And you thereby agree to provide your fullest co-operation further to such communication by Easzo.
RECORDS UNDER EASZO.
The users are provided with free facility on the Website or App to store information regarding the medical help taken or services availed, this is known as RECORDS/ EASZO Health records. The information which is made available is of two types:
- The first is User Created Information which is uploaded by you whether for yourself or for the pet/ animal, this is generated with the interaction that takes place with the Easzo’s system for instance, the appointment, order for medicines placed by you whether for yourself, or on behalf of another person or the pet.
- Health records which are created by the interaction between you and the practitioner who uses the Doctor app or other services and to avail medical services whether services for human or any veterinary services.
The terms related to such Health account are given below without prejudice to the rest of these Terms and the Privacy Policy,
- The records whether for you or the animal is created after you have signed up into the Easzo account and accept the terms and conditions which are listed on the website or app.
- Any health record which is created on practice of the practitioner is at the sole risk and responsibility of the Practitioner and Easzo shall not validate any such information and is not responsible to make any presentation for the matter connected therewith. It is your responsibility to contact the relevant practitioner if you wish to make any amendments in your Health record or that of the animal’s in any manner.
- Easzo strives to maintain the highest service availability to you and if there is any interruption while accessing service then Easzo shall not be held liable.
- If any reminder is received by you through the Website/app/on your number/ via mail, sms, notification, it’s a medium to remind you for the activities to be performed by you. When there is a reminder for the use of a medicine, you must first refer to the practitioner’s prescription to avoid any mistake on your part. Easzo shall not be responsible in sending you reminder regularly or if there is any delay due to the server issue.
- Correct mobile number and email ID must be updated on the records whether it is for you or if you are the animal owner or animal helper. Then in shall case the pet’s owner contact details must be given. The health records will be saved based on the details provided by you. Easzo shall not be liable for any loss or inconvenience caused by the inability on your part to update the contact details in the records.
- Industry level security and encryption is used for the health records of you or the animal. However, Easzo does not guarantee to prevent unauthorized access if you lose your login credentials or they are otherwise compromised. When you get aware of any unauthorized use or access, you shall immediately inform Easzo of such unauthorized use or access. Please safeguard your login credentials and report any actual suspected breach of account to [email protected].
- If you wish to register a record for your pet or any animal whom you wish to be operated by Easzo’s practitioners and register it with your own records, then you are deemed to be responsible for the health records of the animal. You agree that it is your sole responsibility to handle any information, medical prescriptions, and follow ups by veterinary practitioner. Easzo shall not be for any claim, dispute or liability arising in this regard and you shall indemnify Easzo and its officers against any such claim or liability arising out of authorized use of such information.
- If you wish to access your dependent’s health records by registering your dependents with your own Records, you are deemed to be responsible for the Health Records of your dependents and all obligations that your dependents would have had. You agree that it shall be your sole responsibility to obtain prior consent of your dependent and shall have right to share, upload and publish any sensitive personal information of your dependent. Easzo assumes no responsibility for any claim, dispute or liability arising in this regard, and you shall indemnify Easzo and its officers against any such claim or liability arising out of unauthorized use of such information.
- If you wish to delete your record or the record of your dependent or the record of your pet then you should do so by contacting our service support team. And only your account and such associated health records will be deleted but the health records stored by the Practitioners on Easzo will be stored with their respective accounts.
- You may lose your user created record, if the data is not synced with the server. You may also loss your health record data if it is not accessed within stipulated time. Easzo shall not be held liable if the records are not delivered to you due to an unexplained reason and is either delivered late due to any service issue despite the best efforts taken by Easzo. Easzo shall not be held liable for any health record where the contact number provided is incorrect or incomplete by the fault of the user.
- Easzo shall not be liable for any content posted, language used or deductions made in the Health records. The practitioner which you wished to engage with shall be solely responsible for your records and any information provided to us but not limited to the content in them.
- Easzo has the rights to retrieve back any health record without any prior notice if it is found to be incorrect or vague. Easzo when there is any technical or operational issue can access the health record of the user and you thereby acknowledge and agree with this.
- You acknowledge that the Practitioner you are visiting may engage with Easzo’s software or third party software for the purposes of the functioning of the Practitioner’s business and Easzo’s services including but not limited to the usage and for storage of Records (as defined in Section 3.10) in India and outside India, in accordance with the applicable laws.
- To the extent that your Records have been shared with Easzo or stored on any of the Easzo products used by Practitioner’s you are visiting, and may in the past have visited. You hereby agree to the storage of your Records by Easzo pertaining to such previously visited clinics and hospitals who have tie ups with Easzo for the purposes of their business and for Easzo services including but not limited to the usage and for storage of Records (as defined in Section 3.10) in India and outside India, in accordance with the applicable laws and further agree, upon creation of your account with Easzo, to the mapping of such Records as may be available in Easzo’s database to your User account.
11. CONTENT OWNERSHIP AND COPYRIGHT CONDITIONS ACCESS.
- Any content on the Website or App whether it is a text, graphics, images, logo, information, button icons, software code, design, collection, arrangement and assembly of content on the Website or the App (collectively known as “Easzo Healthcare”), are the property of the sole owner Easzo Healthcare. There is a protection given to Easzo healthcare under Copyright law, Trademark Law, Patent Law and other laws. The user is given the liberty to only view and access the content available on the Website or the App. This is solely for the purpose of ordering, receiving, delivering and communicating for availing any health care services for both human and pets.
- Any content which is listed on this website are either: (A) User generated content or (B) Belongs to Easzo. Any information collected from user and the practitioner shall belong directly to Easzo. If there is any copy of the copyrighted content that is published by Easzo on the Website and the App and the same is used for any commercial purpose or for any other purpose to make profit. Then this shall be a violation of copyright and Easzo is entitled with the rights to take appropriate action under applicable law accordingly.
- The user has no right to modify any content or reproduce, display, publicly perform, distribute, or otherwise use any content posted by Easzo and use it for public or commercial or personal benefit. The user cannot access the services for the purposes of monitoring their availability, performance or functionality, or for any other bench making or competitive purposes.
12. EASZO PHARMACY INFORMATION.
This is an information source on medicines and/or medicinal products for humans and animals which concentrates on providing information (critical or otherwise) required for understanding such details including but not limited to the: components or elements used in the manufacturing of such medicines and/or medicinal products,
- The side effects that may be caused or arise owing to the use of the medicines and/or medicinal products;
- The alternative medicines/medicinal products that may be used for certain type or category of medicines/medicinal products;
- Symptoms and associated medicines/medicinal products generally administered in such cases.
- Any information provided under this feature shall be treated as a substitute for clinical advice and cannot be relied upon while making any decisions on treatment. You are hereby notified that the medicines and/or medicinal products related information differs from country to country and varies from region to region and hence the information/content published herein is India specific. Easzo nor the content owner is responsible for the applicability of the content outside India. Easzo provides information which is authentic but Easzo shall not be held liable if any of this information is misused by the user.
- Easzo shall not be liable for the accuracy of information provided regarding prescription of medicines for humans and animals. Easzo has used reasonable efforts to source the information from reliable databases, however, you understand that the information contained in this feature is brought to you from open source platforms and third party sites/research reports. The inclusion or exclusion of any medicines and/or medicinal products does not mean that Easzo advocates or rejects the use of a particular medicine and/or medicinal product listed herein.
- You understand that the information on medicines and/or medicinal products contained herein does not constitute an offer or invitation or advise to use the same. The information on medicines and/or medicinal products provided hereunder should not be relied upon in connection with any decision to self-medicate. It is suggestible that you always consult a medical practitioner at all times prior to relying upon any information set out in the Website or the App.
- The information provided on medicines or medicinal products which are used to treat animals should not be relied upon in connection with any decision of your research and conclusion. It is suggestible that you always consult a veterinary practitioner at all times prior to relying upon any information set out in the Website or the App.
13. QUESTION AND ANSWER TERMS FOR USER.
- The user shall post his query by reaching us to [email protected] or [email protected] and post his questions. However, Easzo shall not be held liable when there is any delay on the part of the practitioner or support to give a response for the query/issue posted.
- Easzo provides 24/7 chat availability to post any queries by the user whether for himself or to seek veterinary service or other services for an animal. If there is any delay to give response then Easzo shall not be held liable under this situation.
- The Question & Answer Platform shall not be used for any emergency platform and if done then, Easzo shall not be held liable for any loss of life or criticality caused to the patient whether human or animal.
- The Question and Answer platform is a public forum and hence it is recommended to avoid posting any query /issue which are personal and keep it confidential. However, if the user wishes to take the risk and continue with the same then Easzo does not fall under the purview to curtail any problem faced by the user when such information is leaked by third party and shall not indemnify him/her for the same.
- It is not accepted by Easzo to take in any query/issue which is posted by the user involves the use of any derogatory language, is objectionable, is offensive, query which is against the morality of people or any query which intends to harm profession of the practitioner. Then such query/issue shall be taken down by Easzo without any prior notice to the User and a criminal action shall also be taken against the user for use of such language.
- The user shall also be given the option of posting any query anonymously if he/her wishes to conceal the identity before posting any query/issue.
- Any response provided by the Practitioner shall not be construed as medical advice on the Q&A Platform. Q&A Platform is a platform for exchange of information which is of general nature in a question and answer format. This cannot be construed as a medical consultation with the Practitioner, in any manner whatsoever.
- It is expressly clarified that no doctor-patient relationship is established between the user and Practitioner, in any manner whatsoever, by indulging in this Q&A. aThe Practitioner may provide views, recommendations, suggestions and solutions to the question posted. However, it is expressly clarified that any such view, recommendation, suggestion and solution shall not be construed as medical advice. The person in question is advised to consult with a doctor in this regard.
- All general Easzo Terms and Conditions shall govern the Question & Answer terms to the extent applicable. Decision of Easzo is final and binding on the issues arising under the Question & Answer.
14. HEALTH FEED OF EASZO.
These terms & conditions governing Easzo Healthcare feed are applicable to Users (being both end-users/ Practitioner). However, it is clarified that the terms and conditions herein applicable only to Practitioners and applicable to Users are called out separately, as the context warrants.
- i. Easzo Health feed is an online content platform available on the Website, wherein Practitioners who have created a profile on Easzo can login and post health and wellness related content
FOR USERS.
- User may also use the Health feed in order to view original content created by Practitioners and to create and upload comments on such Content, where allowed (“User Comment”).
- User acknowledges that the User Comment reflects the views and opinions of the authors of such Content and it does not necessarily reflect the views of Easzo since the content posted will be done by the practitioner individually.
- User agrees that the Content they access on Health feed does not in any way constitute medical advice and that the responsibility for any act or omission by the User arising from the User’s interpretation of the Content, is solely attributable to the User. The User agrees to absolve Easzo from and indemnify Easzo against all claims that may arise as a result of the User’s actions resulting from the User’s viewing of Content on the Health feed.
- User acknowledges that all intellectual property rights in the User Comment on the Health feed vests with Easzo. The User agrees not to infringe upon the intellectual property of Easzo by copying or plagiarizing content from the Health feed. Easzo is entitled with the rights to initiate all necessary legal remedies available to them in case of such an infringement by the User.
- User Comment will be the sole intellectual property of Easzo. 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. Easzo 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. The User agrees to absolve Easzo from and to indemnify Easzo against all claims that may arise as a result of any third party intellectual property right claim that may arise from the User Comment.
- User shall ensure that the User Comment is not harmful, harassing, blasphemous, defamatory, obscene, pornographic or libelous in any manner. Further, User should ensure that the User Comment is not invasive of any other person’s privacy, or otherwise contains any elements that is hateful, racially or ethnically objectionable, disparaging, or otherwise unlawful in any manner whatever. Easzo reserves the right to remove any Content which it may determine at its own discretion and is violative of these Terms and Conditions or any law or statute in force at the time Also, the User agrees to absolve Easzo from and indemnify Easzo against all claims that may arise as a result of any legal claim arising from the nature of the User Comment.
- User shall ensure that the User Comment is not threatening the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order. Further the Practitioner shall ensure that the User Comment will not cause incitement to the commission of any cognizable offence or prevent investigation of any offence or is insulting to any other nation.
- A Veterinary Practitioner who makes and publishes any content related to animals, shall not post any content which seems to be of discrimination towards any animal of another breed. The practitioner shall not post any medical advice which seems to be harmful for animals of any breed. Anyhow, if the user wishes to incorporate at its own risk the content which is posted by the veterinary practitioner as a remedy to improve the health of the animal, then any loss or deterioration of health cannot be blamed on Easzo nor the practitioners. Easzo shall not be held liable to the pet owners or towards any animal who uses the content and makes a trial out of it on the animal and Easzo is not responsible for any such consequences which may arise later.
15. EASZO DIAGNOSTIC TERMS FOR USERS.
- Easzo makes sure to cater the needs of humans and animals, who need to get their tests done. The test which need to be done can be conducted to perform regular tests or any specific tests based on the prescription given by a doctor or veterinary practitioners. Our practitioners from laboratory come at your doorstep to procure the samples and provide you with reports to your contact details. These samples taken is applicable to human as well as animals. Easzo cannot be held liable if there is any delay to provide the patient with the reports.
- Information collected for humans shall include but not limited to :
- Name of the Patient.
- Age of the patient.
- Gender.
- Prescription of the doctor.
- Name of the doctor you provided you with the prescription.
- Details of sample collection.
- History of illnesses.
- Mode of payment.
- Address of the patient.
- Email Id.
- Contact details.
- Information collected for animals shall include but not limited to:
- Name of the pet.
- Breed of the animal.
- Age of the animal.
- Gender of the animal.
- Allergic variants to the animal.
- History of illness.
- Vaccination and deworming details.
- Whether domestic, exotic or cattle category.
- Temperament of the animals.
- Contact details of the owner/ animal helper.
- Email address.
- Address of where the pet owner resides or any other concerned person who helps the animal.
- You agree to provide the details above whether it is for yourself or for an animal, Easzo shall have all access to not just your details but also to reports and health records as well.
- You hereby agree and understand that all the personal information whether it belongs to you or to an animal shall reside with us and can also be used for Research and Development purposes or shared with any third party. Easzo shall also assist you in making regular test if the patient wishes to keep a track on his/her lifestyle or on the lifestyle of his/her pet.
- You understand that, we may sometimes reach out to you or record all your calls with us and/or placed through us to laboratories and/or logistics partner, for investigative purposes.
- As a user, you shall not be asking any confidential information to the lab technician, pet groomer, practitioner or veterinary practitioner who visits your house. Through this terms and conditions you thereby agree and give Easzo the rights to take any action against you if you try to misuse the information which is provided to you and you shall also be liable to compensate for the loss incurred by the company by the disclosure of such information.
- Every lab technician or Practitioner who visits the house of a patient or an animal to take any tests or to provide vaccination shall not disclose any confidential information of the company and he/she must not share any personal information about oneself. If one discloses the information about a company to third party then he shall be held liable to Easzo and Easzo has the rights to initiate any criminal action or take any compensation from you.
16. EASZO CONSULTATION.
- Easzo provides consultation to users and pet owners or animal helpers through practitioners and veterinary practitioners on a paid mode. Users may access this feature on Website/platform to get assigned for the purposes of consultation to a Practitioner whereby such practitioners are inter alia assigned through the system’s algorithm/software program that finds the most available and accepting practitioner. The scope of this feature as detailed herein is collectively referred to as CONSULT.
- Users can choose the Practitioner in certain events (like through Q&A offering). In cases where Users cannot choose a Practitioner (due to system setup), the system uses an algorithm/software-program to find the most available and accepting Practitioner. In case any prescription is being provided to User by the Practitioner, the same is being provided on the basis of online consultation, however it may vary when examined in person, hence, in no event shall the prescription provided by Practitioners be relied upon as a final and conclusive solution.
- The Users agree to use the advice from Practitioner on the Website pursuant
- to an ongoing treatment with their medical practitioner;
- a condition which does not require emergency treatment, physical examination or medical attention;
- medical history available as records with them for reference;
- a record of physical examination and report thereof with them, generated through their local medical practitioner;
- Consultation with their medical practitioner before abandoning or modifying their ongoing treatment.
- Consultation for the animal who needs vaccination, deworming or any tests done.
- During online consultation, the User agrees that by using Consult, the Practitioners on Consult will not be conducting physical examination of the Users or animals, hence, they may not have or be able to derive important information that is usually obtained through a physical examination. User acknowledges and agrees that the User is aware of this limitation and agrees to assume the complete risk of this limitation.
- The User understands that Consult shall not form a substitute for treatment that otherwise needs physical examination/immediate consultation. Further, the User understands that the advice provided by the Practitioner is based on general medical conditions and practices prevalent in India, to the best of his knowledge and ability, and not for conditions which are territory specific for regions other than India, irrespective of where the User is procuring medical services or engaging in communication with the Practitioner.
- Easzo will not be liable for the correctness of the qualifications of the practitioner, it is the duty of the practitioner to provide with the correct details regarding his qualification, education, experience, etc, if Easzo find that the details provided by the practitioner are not genuine then Easzo has the rights to take action against the practitioner. The user should also confirm the qualification of the practitioner before booking.
- During the consultation and thereafter, the Practitioner may upload the prescription/health records of the User or the pet/ animal on the account of the User or animal’s on the Website or App for access.
- If Practitioner responds to the User’s query, the system could trigger communications to the User, in the form of notification/text/email/others. However, and notwithstanding anything to the contrary in this Agreement, Easzo does not take responsibility if there is any delay in response.
- By agreeing to these terms and conditions you are allowing Easzo to use the Consultation platform to improve treatment quality, user experience and other related processes. User shall refrain from raising any personal queries or advice on the Consult platform which are not related to a specific disease / medicine.
- Users shall not use abusive language on the Consult platform. In the event of an abuse from the User is reported by a Practitioner, Easzo reserves the right to block such Users from the Consult platform and take down any such content which is posted by the user without any prior notice.
- Users may share images or videos of the affected areas of their body parts with the Practitioner only if it is absolutely necessary for diagnosing his/her/it condition and if he/she is personally comfortable in sharing such images or videos. The users can also share the pictures of the animals which are harmed or need consultation. Easzo shall not be liable for any such picture or videos shared by the user to the practitioner.
- Users shall ensure that any interaction/communication with the Practitioners, including sharing images or videos of the body parts, shall be only through the Consult platform. The Users shall not rely on any other external modes of communication for interacting/communicating with the Practitioners. Users shall be prepared to share all relevant documents or reports to the Practitioner promptly upon request.
- For every paid consultation on the Consult platform, the Users shall not obtain consultation for more than one User. In the event, the Users attempt to obtain consultation for more than one User through a single paid consultation on the Consult platform, such consultations will not be addressed by the relevant Practitioner. If the user only intends to seek consultation for one animal then the veterinary practitioner shall only give consultation for one animal and nothing more than that. Easzo shall not be responsible to the user if the practitioner avoids responding to the user in such situation.
- Users shall not persuade Practitioners to prescribe drugs (including higher dose strength). The restricted drugs are as follows:
- Medication for Medical Termination Pregnancy (MTP)
- Drugs under the following pharmaceutical classifications such as; sedatives, hypnotics, opioids, schedule X drugs, or fourth generation antibiotics.
If restricted drugs are indicated for treatment or management of a disease or condition by a Practitioner, the User shall physically visit the Practitioner of their choice to confirm the requirements/necessity for prescribing such restricted drugs.
- If User decides to engage with a Practitioner to procure medical services or engages in communication, exchange of money for services outside of Consult platform, User shall do so at their own risk. Easzo shall not be responsible for any breach of Service or Service deficiency by any Practitioner and if found by Easzo then an enquiry can be initiated by Easzo. User understands and agrees to provide accurate information and will not use the Consult platform for any acts that are considered to be illegal in nature.
- The User agrees and understands that the transaction with the Practitioner are subject to jurisdiction of Indian laws and that any claim, dispute or difference arising from it shall be subject to the jurisdiction provision as contained in the Terms and Conditions hereunder, at all times. The User further agrees and understands that the Practitioner or Veterinary Practitioner is licensed to practice medicine in India and the onus is on the User to determine if he/she is eligible to consult with the Practitioners via the Website or App. If it is found that the practitioner is practicing medicine anywhere outside India and the user wishes to seek consultation from him outside this platform then Easzo in such case is not responsible for any actions which may take place between the user and the practitioner.
- The User shall indemnify and hold harmless Easzo and its affiliates, subsidiaries, directors, officers, employees and agents from and against any and all claims, proceedings, penalties, damages, loss, liability, actions, costs and expenses (including but not limited to court fees and attorney fees) arising due to or in relation to the use of Website by the User, by breach of the Terms or violation of any law, rules or regulations by the User, or due to such other actions, omissions or commissions of the User that gave rise to the claim.
- Online consultation will happen in accordance with the Telecommunication law of India and the will of the practitioner and his analysis of the patient.
TERMS OF USE FOR PRACTITIONERS.
The terms in this clause are only applicable for practitioners, for both practitioners for humans and as well veterinary practitioner.
The terms in this clause are only applicable for practitioners, for both practitioners for humans and as well veterinary practitioner.
- The information of the Practitioner, his/her contact details and practice are directly or indirectly collected by Easzo. Easzo is entitled with the right of taking down the practitioner’s profile, contact details and practice if there is any misconduct on his/her part. Easzo is entitled with the rights to take down the practitioner’s profile and as well display the profile of any practitioner, with or without any prior notice to the Practitioner. The information is collected for the purpose of facilitating end users and other users with interaction about the Practitioners. If any information which has been updated by you seems to be incorrect, then it is your responsibility to inform Easzo about it and make the necessary rectifications.
- Easzo shall not be held liable for the ranking of the Practitioners on external websites and search engines.
- Easzo is not responsible or liable for any damage, injury or expense incurred by the users as a result of any disclosure or publication made by Easzo, where the user has expressly or implicitly consented on making any disclosure or publication by Easzo. If the user has revoked such consent under the terms of the Privacy Policy, then Easzo shall not be responsible or liable in any manner to the User for any loss, damage, injuries or expenses incurred by the user as a result of any disclosure made by Easzo prior to its actual receipt of such revocation.
- Easzo is entitle with the rights to remove any abusive or inappropriate or promotional content and to moderate the suggestions made by the Practitioners on the Website or the App. And most importantly, Easzo shall not be held liable if there is an existence of any inactive, inaccurate, fraudulent or non- existing profiles of practitioners which are added on the Website or the App.
- Easzo reserves the right to publish any content related to the Practitioners, and the same cannot be disregarded or asked to be put down by the Practitioners. Easzo Practitioners hereby explicitly agree to share information provided by practitioners to a third party on the platform through website or the App.
- As a practitioner, you hereby represent and warrant that you will use the services as applicable under the appropriate law. If there is any contravention of the applicable law as a result of the services provided by you, it is your sole responsibility for any fault caused and Easzo shall not take any liability for the fault done on your part.
- It is the sole responsible of the practitioner to verify his educational qualification and his experience, specialization. EASZO will not be liable for any mismatching or discrepancies regarding the Genuity of the practitioner. Easzo can take action if it finds that the practitioner is not genuine or the documents submitted by him/her during initial onboarding are not matching with his original documents or experience or address or any other critical information. The user must verify the genuineness of the practitioner. Easzo will not be held liable for any wrong information provided by the practitioner.
- Easzo will not be providing any insurance related to health or vehicle, the practitioner has to get and have a good insurance policy enrolled with any insurance providers and share the details to the company.
- Easzo will not be liable for the correctness of the qualifications of the practitioner, it is the duty of the practitioner to provide with the correct details regarding his qualification, education, experience, etc, if Easzo find that the details provided by the practitioner are not genuine then Easzo hs the rights to take action against the practitioner. The user should also confirm the qualification of the practitioner before booking.
- Easzo is not liable in providing any healthcare or medical advice or diagnosis for the user or the user’s animal and hence is not responsible for any interactions between the user and the practitioner. Easzo is not liable for
- Any interactions between the user and the practitioner;
- The practitioner(s) ability or intent or lack of it in fulfilling their obligation towards users;
- Any wrong medication or quality of treatment given by the Practitioner(s) or any medical negligence caused on the part of the practitioner.
- Easzo shall not be held liable for any inappropriate treatment or any such similar difficulties or any type of inconvenience caused by the practitioner to provide any service to the user.
- Easzo will not be held liable for any accidents or any incidences caused during the visiting of the customers location on road or at the customers location, the practitioner will have to take care of all the expenses regarding the health or any other things involved.
- Easzo shall not be held liable for any misconduct or inappropriate behavior and actions by the practitioners or the practitioner’s staff towards the user.
- If there is any cancellation or no presence has been made by the Practitioner after any booked appointment with the user, then Easzo shall not be liable for such performance.
- Easzo shall not be held liable if the animal out of aggression bites, scratches or seems violent action against you and during these acts tries to attack you as well. It is the sole responsibility of the pet groomer/sitter/vet doctor/cleaner to look into the actions of the animal and take precautions. Easzo will not be held responsible for any carelessness on the part of vet doctor home visit/ pet groomer and be asked for any injury caused to him/her during the consultation session. User/professionals who have visited will have to bear the medical expenses if the pet / animal has caused any damage, injury to his/her visiting the pet parents’ place.
18. EDITING RIGHTS AND OWNERSHIP OF PROFILE.
- The Practitioners are provided with an access of updating their profiles. Easzo is entitled with the rights of making any changes or updates either by itself or through the request of the practitioners on the profile and photographs of the practitioners. However, it lies upon the decision of Easzo to change or make any amendment for the request received by the Practitioner thereby giving Easzo the independent right to do so.
- You are hereby as a practitioner given the right to upload content which is related to medical services provided by you whether it is for human or an animal and all such content must be uploaded by your profile. Any content posted by you should not be inappropriate, vulgar or obscene, if it is found by Easzo that any such content posted by you is immoral then Easzo has the right to take the content down without any prior notice. You must also make sure that any content posted must not breach any third party right, including intellectual property rights. Upon becoming aware of such breach on your part, Easzo has the right to modify or delete any such part which seems to be inappropriate/incomplete information.
19. REVIEWS AND FEEDBACK DISPLAY RIGHTS OF EASZO.
- i. All Critical Content is content created by the users of www.easzo.com (“Website”) and the clients of Easzo customers and Practitioners, including the End-Users. As a platform, Easzo does not take responsibility for Critical Content and its role with respect to Critical Content is restricted to that of an ‘intermediary’ under the Information Technology Act, 2000. Easzo’s Feedback Collection and Fraud Detection Policy, is annexed as the Schedule hereto, and remains subject always to these Terms.
- Easzo is entitled with the rights of collecting feedback and critical content for all practitioners, healthcare providers, veterinary practitioners listed on the Website or the App.
- Easzo is under no obligation to review, pre-screen, flag, filter, modify, refuse or remove any or all critical content from its website or app, until and except required by the applicable law in force.
- By using services or providing services on the website or the app, you may be exposed to critical content or other content which may seem offensive or objectionable to you and your profession. Easzo shall not be held liable for any such content which has an impact on the business of the practitioner due to such critical content which is of a negative nature. Keeping this into consideration, you may use and provide services at your own risk. Easzo, as an intermediary, may take necessary steps as required with regards to the critical content that is published. The legal rights and obligations with respect to Critical Content and any other information sought to be published by Users are further detailed in Clauses 3.9 and 5 of these Terms.
- Easzo shall take down information under the standards by complying with the applicable law and in no circumstance shall Easzo be liable and responsible for any critical content posted and created by the users. The principles set out in relation to third party content in the terms of Service for the Website shall be applicable in relation to Critical Content posted on the Website.
- If Easzo determines that any information provided by you is inaccurate and incomplete or is a fraudulent feedback then Easzo reserves the right to suspend any of your accounts on the Website and App, which is done with or without any prior notice.
20. RELEVANCE ALGORITHM.
The relevant algorithm for practitioners is fully automated that lists down the profile, information of the Practitioners and their practice on the Website and App. These listings are not under the control of Easzo and it is not represented based on any fixed ranking or endorsement. There shall be no liability on Easzo for any change on the search results of the Practitioner which may take place from time to time. The listing of the Practitioner will be based on various factors such as inputs made by users that is the comments and feedback which are through automated computation. In no way, shall Easzo be liable for any accuracy and relevancy for the listing order of the Practitioner on the Website or App.
21. RIGHTS TO REACH.
Easzo has the rights to display sponsored ads on website or app. These ads would be marked as “Sponsored Ads” and without prejudice to the status of other content, Easzo shall not be liable for any accuracy of information or claims made in sponsored ads. Easzo does not encourage the users to visit these sponsored ads page and to avail any services. Easzo shall not be liable for the services provided by the sponsored ads.
You represent and warrant that you will use these 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 Easzo accepts no liability for the same.
22. PRACTITIONER UNDERTAKING.
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 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.
23. USAGE IN PROMOTIONAL & MARKETING MATERIALS.
In recognition of the various offerings and services provided by Easzo to Practitioners, Practitioner shall (subject to its reasonable right to review and approve): (a) allow Easzo to include a brief description of the services provided to Practitioner in Easzo’s marketing, promotional and advertising materials; (b) allow Easzo to make reference to Practitioner in case studies, and related marketing materials; (c) serve as a reference to Easzo’s existing and potential clients; (d) provide video logs, testimonials, e-mailers, banners, interviews to the news media and provide quotes for press releases; (e) make presentations at conferences; and/or (f) use the Practitioner’s name and/or logo, brand images, tag lines etc., within product literature, e-mailers, press releases, social media and other advertising, marketing and promotional materials.
24. EASZO CONSULT – ONLINE
FOR PRACTITIONERS.
- The Practitioner shall promptly reply to the User after receiving User’s communication. In case of non-compliance with regard to adhering to the applicable laws/rules/regulations/guidelines by the Practitioner, Easzo shall have the right to replace such Practitioners for the purpose of consultation to the User.
- The Practitioner further understands that, there is a responsibility on the Practitioner to treat the User the same way as the User is on physical one-on-one consultation. This is applicable to the Veterinary Practitioner also, the animal must be treated and consulted in the same manner as though the consultation taking place with the pet’s owner or the animal helper and is one-to one physical.
- The Practitioner has the discretion to cancel any consultation at any point in time in cases where the Practitioner feels, it is beyond his/her expertise or his/her capacity to treat the User or if he feels that the user is not legitimate and not provide with correct information. In such cases, it may or may not trigger a refund to the User and the User might have the option of choosing other Practitioners. However, it is strongly recommended that the Practitioner advises the User or the pet owner/animal helper and explains appropriately for next steps which the must be carried on by them.
- Easzo will not be liable for the correctness of the qualifications of the practitioner, it is the duty of the practitioner to provide with the correct details regarding his qualification, education, experience, etc, if Easzo find that the details provided by the practitioner are not genuine then Easzo has the rights to take action against the practitioner. The user should also confirm the qualification of the practitioner before booking.
- The practitioner will treat the user in accordance with the teleconsultation laws in India.
- The Practitioner and the Veterinary practitioner 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. The Practitioner shall not be part of any arrangement which will prohibit him/her from practicing medicine for human or animal 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.
- Practitioner shall ensure that, the consultation online is treated as an in-clinic consultation and provide advice to the best of Practitioners’ knowledge.
- The Practitioner hereby agrees carry out an audit of his/her consultations on the Consult platform for the purpose of improving treatment quality, user experience, and other related processes. The Practitioner acknowledges that the subject matter of audit may include their personal information. This personal information will be processed in accordance with the Privacy Policy.
- For direct consultations on the Consult platform, the practitioner shall ensure that they respond to User’s health concern within a maximum of 1 hour of the Practitioner receiving the message (in exceptional circumstances, where the consultation was allocated to a Practitioner without their acceptance). In case, the Practitioner accepts a User’s consultation by their own choice, then such Practitioners shall ensure to provide a response within 20 minutes of accepting the said consultation. Also, the response time for a Practitioner during an active consultation shall not exceed 20 minutes.
- In case, the Practitioner has marked himself/herself available for a particular consultation on the Consult platform and in the event a consultation has been auto allocated to a Practitioner, then such Practitioners shall ensure to provide a response to the User within 20 minutes of accepting the consultation and during the active consultation period.
- Practitioners should provide e-prescriptions to the Users only via the prescription module. The Practitioner hereby agrees and covenants to be responsible and liable for the content of e-prescription and the authenticity of his signature. In addition to any indemnity warranties provided else-where in the Agreement, the Practitioner hereby agrees to hold Easzo, its officers, employees, agents and affiliates harmless from any claims, damages, losses or penalties arising out of any third party claims in connection with the validity of the e-prescription, its content and/or electronic signature.
- Where the Practitioner learns that a physical consultation is mandatory for accurate diagnosis and resolution of the case, the Practitioner shall mandatorily be required to provide a patient referral for physical evaluation along with required information via the prescription module.
- Practitioners shall not prescribe, medical termination pregnancy medication, sedatives, Hypnotics, opioids, schedule X drugs, or fourth generation antibiotics on the Consult platform. If any such drugs are indicated for treatment for a given consultation, the Practitioner shall refer the User for a physical consultation.
- The Practitioners agrees not to request see for images or video of the User’s private body parts in any manner whatsoever until and unless all other options have been exhausted to diagnose the User’s condition and it is absolutely necessary to arrive at a probable diagnosis.
- If Practitioner needs to change the status to ‘unavailable’ this could be changed after having completed all the open consultations. In case the Practitioner leaves a consultation open and changes the status to ‘unavailable’, the Practitioner understands that he shall be liable to pay such penalty as may be imposed by Easzo, in these cases.
- The Practitioner is not allowed to use any other platform other than the Consult platform for the purpose of interacting/communicating with the User and any attempt by the Practitioner to interact with the Users through any other external means of communication will amount to violation of this Agreement by the Practitioner. If the Practitioner’s performance on the Consult platform is not compliant with the expected guidelines of Easzo or the Practitioner is found to be misusing the Consult platform, the Practitioner may result in losing the privilege of using the Consult feature & platform.
- The Practitioner acknowledges if Easzo finds the Practitioner to be in violation of any of the applicable laws/rules/ regulations/guidelines set out by the authorities then Easzo shall be entitled to cancel the consultation with such Practitioner or take such other legal action as may be required. In case of there being any technical failure, at the time of transaction and there is a problem in making payment, User may contact Easzo support team via online chat: [email protected].
- It is further understood by the Practitioner that the information that is disclosed by the User at the time of consultation is personal information and is subject to all applicable privacy laws, shall be confidential in nature and subject to User and Practitioner privilege.
- The Practitioner understands that Easzo makes no promise or guarantee for any uninterrupted communication and the Practitioner shall not hold Easzo liable, if for any reason that the communication is not delivered to the User(s), or are delivered late or not accessed, despite the efforts undertaken by Easzo.
- The Practitioner understands that Easzo makes no promise or guarantee for the number of consultations that will be allocated to a Practitioner on the Consult platform. The consultations allocated to a Practitioner will depend upon various factors, which inter-alia includes, Consult response time, patient feedback and number of practitioners available, etc., It is the responsibility of the Practitioner to keep a track of their overall performance using the Easzo website or app.
- It shall be the responsibility of the Practitioner to ensure that the information provided by User is accurate and not incomplete and understand that Easzo shall not be liable for any errors in the information included in any communication between the Practitioner and User. Practitioner takes the full responsibility to diagnose the appropriate health issue and provide appropriate treatment for the same and Easzo will not be liable for any improper diagnosis or any other issue created by the practitioner to the end user.
- The Practitioner shall indemnify and hold harmless Easzo and its affiliates, subsidiaries, directors, officers, employees and agents from and against any and all claims, proceedings, penalties, damages, loss, liability, actions, costs and expenses (including but not limited to court fees and attorney fees) arising due to the Services provided by Practitioner, violation of any law, rules or regulations by the Practitioner or due to such other actions, omissions or commissions of the Practitioner that gave rise to the claim.
25. EASZO VISITATION TO USER HOME, TERMS FOR LAB TECHNICIANS, PRACTITIONERS, NURSES AND VETRINARY PRACTITONERS.
- As a user, you shall not be asking any confidential information to the lab technician, practitioner, veterinary practitioner or nurse who visits your house. Through this terms and conditions you thereby agree and give Easzo the rights to take any action against you if you try to misuse the information which is provided to you and you shall also be liable to compensate for the loss incurred by the company by the disclosure of such information.
- Every lab technician or Practitioner who visits the house of a patient or an animal to take any tests or to provide vaccination or any other services shall not disclose any confidential information of the company and he/she must not share any personal information about oneself. If one discloses the information about a company to third party then he shall be held liable to Easzo and Easzo has the rights to initiate any criminal action or take any compensation from you.
- Easzo shall take any practitioner, veterinary practitioner, lab technician or nurse liable if there is any disclosure of confidential details of the company.
- Easzo shall not be held liable if it is found that the practitioner performed any misconduct on visitation to the place where the user resides and EASZO shall not be held liable for any mis-conduct on the part of the practitioner, veterinary practitioner, nurse, pet groomer or lab technician pet sitter/cleaner. Easzo ensures to hire well qualified practitioner for the clients but if there is any conduct on the part of the practitioner during the visitation to the client’s place, then such person shall be terminated without any prior notice but he/she will be given an opportunity of being heard.
- Easzo will not be held liable to any user when any of their confidential information is disclosed to any practitioner, veterinary practitioner, nurse or lab technician and such information is misused by them in any way. Easzo will not be held responsible to any such user if any information disclosed is circulated around to a third party by such practitioner, veterinary practitioner, nurse or lab technician. No compensation for any defamatory statements against the user can be asked to be compensated by Easzo as it is the sole responsibility of the user when disclosing any personal information.
26. TERMS PET GROOMERS, PET SITTERS, VET DOCTORS AND PET WORKERS.
- An animal groomer, sitter, vet doctor or worker who visits the place where the animal resides must not disclose any confidential details of the company to any concerned person residing there. If done so and any confidential information about the company is disclosed then you shall be liable to pay compensation for any loss incurred and a criminal action shall be taken against you.
- Easzo shall not be held liable to the users if any pet grooming/vet doctor visit session done, does not meet the satisfactory level of the clients. Easzo shall not be held liable to place a refund to the client upon such event and all the liability shall be on you.
- Easzo shall not be held liable if it is found that the pet groomer/ vet doctor has performed any misconduct on visitation to the place where the pet resides and shall not be held liable for any mis-conduct on the part of the pet groomer/sitter/cleaner/vet doctor. Easzo ensures to hire well qualified groomers/sitter/cleaner/vet doctor for the clients but if there is any conduct on the part of the pet groomer during the visitation to the client’s place to groom the animal, then such person shall be terminated without any prior notice but he/she will be given an opportunity of being heard.
- Easzo shall not be held liable if the animal out of aggression bites, scratches or seems violent against you and during these acts tries to attack you as well. It is the sole responsibility of the pet groomer/sitter/vet doctor/cleaner to look into the actions of the animal and take precautions. Easzo will not be held responsible for any carelessness on the part of vet doctor home visit/ pet groomer and be asked for any injury caused to him/her during the consultation session. User/professionals who has visited will have to bear the medical expenses if the pet / animal has caused any damage, injury to his/her visiting the pet parents’ place.
- You hereby through these terms and conditions agree that Easzo is not responsible for any inadequate precautions taken by you at the time of the visitation to groom the animal. And Easzo will also not compensate you when you have sustained any injury while grooming the animal.
- Easzo will not be held liable to any user when any of their confidential information is disclosed to any pet groomers, pet sitter, vet doctor or pet worker and such information is misused by them in any way. Easzo will not be held responsible to any such user if any information disclosed is circulated around to a third party by such pet groomer, pet sitter, vet doctor or pet worker. No compensation for any defamatory statements against the user can be asked to be compensated by Easzo as it is the sole responsibility of the user when disclosing any personal information.
27. EASZO HEALTH FEED.
These terms & conditions governing Easzo Healthcare feed are applicable to Users (being both end-users/ Practitioner). However, it is clarified that the terms and conditions herein applicable only to Practitioners and applicable to Users are called out separately, as the context warrants.
- Easzo Health feed is an online content platform available on the Website, wherein Practitioners who have created a profile on Easzo can login and post health and wellness related content.
- Practitioners whether for humans or veterinary practitioner can use Easzo Health feed by logging in from their health account, creating original content comprising text, audio, video, images, data or any combination of the same (“Content”), and uploading said Content to Easzo’s servers. Practitioners shall post such Content to Easzo Health feed at its own option and subject to these Terms and Conditions. The Content uploaded via Easzo Health feed does not constitute medical advice and shall not be used by a person incase if he wants to seek any medical remedy neither can Easzo be held liable for such misconduct.
- Practitioners acknowledges that they are the original authors and creators of any Content uploaded by them via Easzo Health feed and that no Content uploaded by them would constitute infringement of the intellectual property rights of any other person. Easzo reserves the right to remove any Content which it may determine at its own discretion as violating the intellectual property rights of any other person, including but not limited to patent, trademark, copyright or other proprietary rights. Easzo shall not be held liable for any content posted by the practitioner which is wrongful or provides any information which is misleading. The Practitioner may not use the images in the Easzo Gallery for any purpose other than those directly related to the creation and uploading of Content to Easzo Health feed. The Practitioner also agrees to absolve Easzo from and indemnify Easzo against all claims that may arise as a result of any third party intellectual property claim if the Practitioner downloads, copies or otherwise utilizes an image from the Easzo Gallery for his/her personal or commercial gain. Easzo shall not be held liable if any third party infringes any content which is posted by the practitioner.
- Practitioner hereby assigns Easzo all the intellectual property rights in any Content created by the Practitioners and uploaded in the Health feed.
- Easzo shall have the right to edit or remove the Content and any comments which seems to be incomplete, misleading or may cause harm to the user when such content is followed by him.
- Practitioner shall ensure that any content posted whether for human or animals or any further responses to the Content (including responses to Users) is not harmful, harassing, blasphemous, defamatory, obscene, pornographic or libelous in any manner. Further, Practitioner should ensure that the Content is not invasive of any other person’s privacy, or otherwise contains any elements that is hateful, racially or ethnically objectionable, disparaging, or otherwise unlawful in any manner whatever.
- Easzo is entitled with the rights to remove any Content which it may determine at its own discretion as violative of these Terms and Conditions or any law or statute in force at the time. Also, the Practitioner agrees to absolve Easzo from and indemnify Easzo against all claims that may arise as a result of any legal claim arising from the nature of the Content posted by the Practitioner on Easzo Health Feed.
- Practitioner shall ensure that the Content is not threatening the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order. Further the Practitioner shall ensure that the Content will not cause incitement to the commission of any cognizable offence or prevent investigation of any offence or is insulting to any other nation.
- A Veterinary Practitioner who makes and publishes any content related to animals, shall not post any content which seems to be of discrimination towards any animal of another breed. The practitioner shall not post any medical advice which seems to be harmful for animals of any breed. Anyhow, if the user wishes to incorporate at its own risk the content which is posted by the veterinary practitioner as a remedy to improve the health of the animal, then any loss or deterioration of health cannot be blamed on Easzo nor the practitioners. Easzo shall not be held liable to the pet owners or towards any animal who uses the content and makes a trial out of it on the animal and Easzo is not responsible for any such consequences which may arise later.
28. INTELLECTUAL PROPERTY RIGHTS.
A. The User acknowledges and agrees that they shall not upload, post, reproduce or distribute any content on or through the Website or App that is protected by copyright or other proprietary right of a third party, without obtaining the permission of the owner of such right. Any copyrighted or other proprietary content distributed on or through the Website or App with the consent of the owner must contain the appropriate copyright or other proprietary rights notice. The unauthorized submission or distribution of copyrighted or other proprietary content is illegal and could subject the User to personal liability or criminal prosecution. Nothing on the Website or App should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any trademarks without written permission from Easzo.
B. The contents of the Website and App are protected by intellectual property laws of India including without limitation to trademark and copyright laws. Reproduction, retransmission, public and/or commercial use of any or all the material on the Website and App are prohibited. The logos, service marks and trademarks (“IP Marks”) displayed on the Website or App are the property of Easzo or its Partners or have been licensed to Easzo or its Partners by the relevant owners for use. The User may use this material only as expressly authorized by Easzo or its Partners and shall not copy, transmit or create derivative works of such material without express authorization from Easzo or its Partners.
29. RIGHTS AND OBLIGATIONS RELATED TO CONTENT PUBLISHED.
A. Easzo or its Partners, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information (as mentioned above) generated by Users, or on being notified by the appropriate Government or its agency that the Website or App is being used by the User to commit any unlawful act and/or is being used in violation of Clauses 10.a and 10.b above, shall be entitled to remove or disable access to the material or information that is in contravention of Clause 10. Easzo is entitled to act, as required by the IG Rules, within thirty six hours of obtaining such knowledge and, where applicable, work with Users to disable such information that is in contravention of applicable law.
Easzo may disclose or transfer User-generated information to its affiliates or governmental authorities in such manner as permitted or required by applicable law, and you hereby consent to such transfer. Easzo will comply with any duly-issued government or court directions to disable access to the User-generated information, when it is found to be illegal by a competent governmental authority.
As mandated by Regulation 3(2) of the IG Rules, Easzo hereby informs Users that they are not permitted to host, display, upload, modify, publish, transmit, update or share any information that:
- Belongs to another person and to which the User does not have any right to;
- Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner
- Harm minors in any way;
- Infringes any patent, trademark, copyright or other proprietary rights;
- Violates any law for the time being in force;
- Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- Impersonate another person;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
- Threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
D. The Users are also prohibited from:
- Violating or attempting to violate the integrity or security of the Website, App or any content of Easzo ;
- Transmitting any information (including job posts, messages and hyperlinks) on or through the Website or App that is disruptive or competitive or prejudicial to the provision of Services by Easzo;
- Intentionally submitting any incomplete, false or inaccurate information;
- Making any unsolicited communications to other Users;
- Using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website;
- Attempting to decipher, decompile, disassemble or reverse engineer any part of the Website or App;
- Copying or duplicating in any manner any of the Easzo Content or other information available from the Website or App;
- Framing or hot linking or deep linking any Easzo Content.
In case of non-compliance with any applicable laws, rules or regulations, or the Agreement (including the Privacy Policy) by a User, Easzo has the right to immediately terminate the access or usage rights of the User to the Website, App and Services and to remove non-compliant information from the Website.
Easzo has the right to take legal action again the personnel’s who try to copy or conduct any sort of illegal activities which might create a loss/ damage to the data or to the company might be in the means o hacking or any other illegal activities.
30. DISCLAIMER OF WARRANTIES.
- All information on the Website is provided to you “as is” without warranty of any kind either express or implied including, but not limited to implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy. In no event shall Easzo or its Partners shall be liable for any special, direct, indirect or consequential damages or any damages whatsoever resulting from loss, whether in an action of contract, negligence or other tortuous action, arising out of or in connection with the use or performance of information. All information available on a hyper-link site and any third party is subject to the terms and conditions of the legal notices contained therein.
- All information available on the Website or App, (the “Information”) is provided on the condition that the User will make independent determination in respect of its accuracy, completeness or usefulness suitability prior to use or making any decision for any loss or damage in reliance hereof. Easzo healthcare and its Partners shall not be responsible for the same. Further, Easzo and its Partners will not be responsible or liable in any manner for any data added, provided, stored or managed by the User including all personally identifiable information
- The Information does not constitute an invitation or recommendation to take medical services from Easzo or its Partners nor is such Information a substitute for professional advice or solicitation in respect of medical services/ products or recommendation thereof. Easzo urges the Users to seek the advice of professionals, as appropriate, regarding the evaluation of any specific opinion, advice, product, service, or other Information.
31. TERMINATION.
EASZO HEALTHCARE reserves the right to suspend or terminate a User’s access to the Website and the Services with or without notice and to exercise any other remedy available under law where:
- Such User breaches any terms and conditions of the Agreement;
- A third party reports violation of any of its right as a result of your use of the Services;
- Easzo is unable to verify or authenticate any information provided to Easzo by a User;
- Easzo has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User; or
- Easzo believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for Easzo or its Partners or are contrary to the interests of the Website.
Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Website under the same account, a different account or re-register under a new account. On termination of an account, due to the reasons mentioned, such User shall no longer have access to data, messages, files and other material kept on the Website or App by such User. The User shall ensure that he/she/it has continuous backup of any medical services the User has rendered in order to comply with the User’s record keeping process and practices.
32. LIMITATION OF LIABILITY CLAUSE.
- Neither shall the Company be responsible for the delay or inability to use the Website, App, Services or any related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Website or App, or otherwise arising out of the use of the Website or App, whether based on contract, tort, negligence, strict liability or otherwise. Further, Easzo shall not be held responsible for non-availability or access to the Website or App during periodic maintenance operations or any unplanned suspension of access to the Website that may occur due to technical reasons or for any reason beyond Easzo control.
- The information available on the Website or App could include inaccuracies or typographic errors. Easzo has endeavored to ensure that all the information on the Website is correct, but Easzo neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data or information contained. Easzo makes no warranty, express or implied, concerning the website or App and/or its contents and disclaims all warranties of fitness for a particular purpose and warranties of merchantability in respect of Services, including any liability, responsibility or any other claim, whatsoever, in respect of any loss, whether direct or consequential, to any user or any other person, arising out of or from the use of the information contained in the website.
- The user understands and agrees that any material and/or data downloaded or otherwise obtained through the website is done entirely at his/her own discretion and risk and the User himself/herself will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data. These limitations, disclaimer of warranties and exclusions apply without regard to whether the damages arise from (a) breach of contract, (b) breach of warranty, (c) negligence, or (d) any other cause of action, to the extent such exclusion and limitations are not prohibited by applicable law.
- In no event shall Easzo or its Partners be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from: (a) the use or the inability to use the Services; (b) unauthorized access to or alteration of the User’s transmissions or data; (c) any other matter relating to the services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the website.
33. INDEMNITY.
User agrees to indemnify and hold harmless Easzo, its affiliates, officers, directors, employees, consultants, licensors, agents, representatives and Partners from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from User’s access to or use of Service, violation of this Agreement, or infringement, or infringement by any other User of his/her/its account, of any intellectual property or other right of any person or entity. Easzo will notify you promptly of any such claim, loss, liability, or demand, and in addition to your foregoing obligations, you agree to provide us with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
34. APPLICABLE LAW AND DISPUTE SETTLEMENT.
- You agree that this Agreement and any contractual obligation between the Company and User will be governed by the laws of India.
- Subject to the above Paragraph above, the courts at Bangalore shall have exclusive jurisdiction over any disputes arising out of or in relation to this Agreement, your use of the Website or the Services or the information to which it gives access.
35. WAIVER.
No provision of this Agreement shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by Easzo. Any consent by Easzo to, or a waiver by Easzo of any breach by you, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
36. SEVERABILITY.
If any provision of the Agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from this Agreement and the remainder of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event, the Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.
37. CONTACT INFORMATION.
If a User has any questions concerning the Company, the Website or App, this Agreement, the Services or anything related to any of the foregoing, please write to us at reach us at [email protected] or at [email protected].