1. TECHGENTSIA OBLIGATIONS FOR CONTENT

Techgentsia will maintain reasonable physical and technical safeguards to prevent unauthorized disclosure of or access to Content, in accordance with industry standards. Techgentsia will notify You if it becomes aware of unauthorized access to Content. Techgentsia will not access, view or process Content except (a) as provided for in this Agreement and in Techgentsia’s Privacy Policy; (b) as authorized or instructed by You, (c) as required to perform its obligations under this Agreement; or (d) as required by Law. Techgentsia has no other obligations with respect to Content.

2. NATURE AND APPLICABILITY OF TERMS

Please carefully go through these terms and conditions (“Terms”) and the privacy policy available at https://homeohere.com/privacy (“Privacy Policy”) before you decide to access the Website or avail the services made available on the Website by Homeo here. These Terms and the Privacy Policy together constitute a legal agreement (“Agreement”) between you and Homeo here in connection with your visit to the Website and your use of the Services (as defined below).

The Agreement applies to you whether you are -

  1. A medical practitioner or health care provider (whether an individual professional or an organization) or similar institution wishing to be listed, or already listed, on the Website, including designated, authorized associates of such practitioners or institutions (“Practitioner(s)”, “you” or “User”); or
  2. A patient, his/her representatives or affiliates, searching for Practitioners through the Website (“End-User”, “you” or “User”); or
  3. Otherwise a user of the Website (“you” or “User”).

This Agreement applies to those services made available by Homeo here on the Website, which are offered free of charge to the Users (“Services”), including the following:

  1. For Practitioners: Listing of Practitioners and their profiles and contact details, to be made available to the other Users and visitors to the Website;
  2. For other Users: Facility to (i) create and maintain ‘Health Accounts’, (ii) search for Practitioners by name and specialty, or any other criteria that may be developed and made available by Homeo here, and (iii) to make appointments with Practitioners.

The Services may change from time to time, at the sole discretion of Homeo here, and the Agreement will apply to your visit to and your use of the Website to avail the Service, as well as to all information provided by you on the Website at any given point in time.

This Agreement defines the terms and conditions under which you are allowed to use the Website and describes the manner in which we shall treat your account while you are registered as a member with us.

By downloading or accessing the Website to use the Services, you irrevocably accept all the conditions stipulated in this Agreement, the Privacy Policy is available on the Website, and agree to abide by them. This Agreement supersedes all previous oral and written terms and conditions (if any) communicated to you relating to your use of the Website to avail the Services. By availing any Service, you signify your acceptance of the terms of this Agreement.

We reserve the right to modify or terminate any portion of the Agreement for any reason and at any time, and such modifications shall be informed to you in writing You should read the Agreement at regular intervals. Your use of the Website following any such modification constitutes your agreement to follow and be bound by the Agreement so modified.

You acknowledge that you will be bound by this Agreement for availing any of the Services offered by us. If you do not agree with any part of the Agreement, please do not use the Website or avail any Services.

Your access to use of the Website and the Services will be solely at the discretion of Homeo here.

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

the rules, regulations, guidelines and clarifications framed there under, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”).

3. ELIGIBILITY

You affirm that You are at least 18 years of age and are otherwise fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement. Your access may be terminated without warning if we believe that You are under the age of 18 or are otherwise ineligible.

4. TERMS OF USE APPLICABLE TO ALL USERS OTHER THAN PRACTITIONERS

4.1 END-USER ACCOUNT AND DATA PRIVACY

  • 4.1.1 The terms “personal information” and “sensitive personal data or information” are defined under the SPI Rules, and are reproduced in the Privacy Policy.
  • 4.1.2 Homeo here may by its Services, collect information relating to the devices through which you access the Website, and anonymous data of your usage. The collected information will be used only for improving the quality of Homeo here’s services and to build new services.
  • 4.1.3 The Website allows Homeo here to have access to registered Users’ personal email or phone number, for communication purposes so as to provide you a better way of booking appointments and for obtaining feedback in relation to the Practitioners and their practice.
  • 4.1.4 The Privacy Policy sets out, inter-alia:
  1. the fact that certain information is being collected;
  2. the purpose for which the information is being collected;
  3. the intended recipients of the information;
  4. the nature of collection and retention of the information; and
  5. the name and address of the agency that is collecting the information and the agency that will retain the information; and
  6. the various rights available to such Users in respect of such information.
  • 4.1.6 Homeo here shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the User to Homeo here or to any other person acting on behalf of Homeo here.
  • 4.1.7 The User is responsible for maintaining the confidentiality of the User’s account access information, if the User is registered on the Website. The User shall be responsible for all usage of the User’s account and otp whether or not authorized by the User. The User shall immediately notify Homeo here of any actual or suspected unauthorized use of the User’s account or otp. Although Homeo here will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Homeo here or such other parties as the case may be, due to any unauthorized use of your account.
  • 4.1.8 If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Homeo here has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Homeo here has the right to discontinue the Services to the User at its sole discretion.
  • 4.1.9 Homeo here may use such information collected from the Users from time to time for the purposes of debugging customer support related issues.

4.2 LISTING CONTENT AND DISSEMINATING INFORMATION

  1. 4.2.1 Homeo here collects, directly or indirectly, and displays on the Website, relevant information regarding the profile and practice of the Practitioners listed on the Website, such as their specialization, qualification, fees, location, visiting hours, and similar details. Homeo here takes reasonable efforts to ensure that such information is updated at frequent intervals. Although Homeo here screens and vets the information and photos submitted by the Practitioners, it cannot be held liable for any inaccuracies or incompleteness represented from it, despite such reasonable efforts.
  2. 4.2.2 The Services provided by Homeo here or any of its licensors or service providers are provided on an "as is" and “as available’ basis, and without any warranties or conditions. Homeo here does not provide or make any representation, warranty or guarantee, express or implied about the Website or the Services. Homeo here does not guarantee the accuracy or completeness of any content or information provided by Users on the Website. To the fullest extent permitted by law, Homeo here disclaims all liability arising out of the User’s use or reliance upon the Website, the Services, representations and warranties made by other Users, the content or information provided by the Users on the Website, or any opinion or suggestion given or expressed by Homeo here or any User in relation to any User or services provided by such User.
  3. 4.2.3 Homeo here assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect User’s equipment on account of User’s access to, use of, or browsing the Website or the downloading of any material, data, text, images, video content, or audio content from the Website. If a User is dissatisfied with the Website, User’s sole remedy is to discontinue using the Website.

4.3 BOOK APPOINTMENT AND ONLINE CONSULTATION

Homeo here enables Users to connect with Practitioners through two methods: a) Book facility that allows Users book an appointment through the Website; b) online consultation via go live option.

  • 4.3.1 Homeo here will ensure Users are provided confirmed appointments on the Book facility. However, Homeo here has no liability if such an appointment is later canceled by the Practitioner, or the same Practitioner is not available for appointment.
  • 4.3.2 If a User has utilized the online services, Homeo here reserves the right to share the information provided by the User with the Practitioner and store such information and/or consultation of the User with the Practitioner, in accordance with our Privacy Policy.
  • 4.3.3 The results of any search Users perform on the Website for Practitioners should not be construed as an endorsement by Homeo here of any such particular Practitioner. If the User decides to engage with a Practitioner to seek medical services, the User shall be doing so at his/her own risk.
  • 4.3.4 Without prejudice to the generality of the above, Homeo here is not involved in providing any healthcare or medical advice or diagnosis and hence is not responsible for any interactions between User and the Practitioner. User understands and agrees that Homeo here will not be liable for:
    • User interactions and associated issues User has with the Practitioner;
    • the ability or intent of the Practitioner(s) or the lack of it, in fulfilling their obligations towards Users;
    • any wrong medication or quality of treatment being given by the Practitioner(s), or any medical negligence on part of the Practitioner(s);
    • inappropriate treatment, or similar difficulties or any type of inconvenience suffered by the User due to a failure on the part of the Practitioner to provide agreed Services;
    • any misconduct or inappropriate behavior by the Practitioner or the Practitioner’s staff;

    4.3.5 Cancellation and Refund Policy

    In the event that, the Practitioner with whom User has booked a paid appointment via the Website, has not been able to meet the User, the entire consultation amount as mentioned on the Website will be refunded to the User within the next five (5) to six (6) business days as the wallet cashback. In case where the User, does not show up for the appointment booked with a Practitioner, without canceling the appointment beforehand, the amount will not be refunded. However, where cancellation charges have been levied (as charged by the Practitioner/Practice), you would not be entitled to complete refund even if you have canceled beforehand.

4.4 NO DOCTOR-PATIENT RELATIONSHIP; NOT FOR EMERGENCY USE

  • 4.4.1 Please note that some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, “Information”) that may be available on the Website (including information provided in direct response to your questions or postings) may be provided by individuals in the medical profession. The provision of such Information does not create a licensed medical professional/patient relationship, between Homeo here 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.
  • 4.4.2 It is hereby expressly clarified that, the Information that you obtain or receive from Homeo here, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Website is for informational purposes only. We make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, quality of work, expertise or other information provided on the Website. In no event shall we be liable to you or anyone else for any decision made or action taken by you in reliance on such information.
  • 4.4.3 The Services are not intended to be a substitute for getting in touch with emergency healthcare. If you are an End-User facing a medical emergency (either on your or a another person’s behalf), please contact an ambulance service or hospital directly.

4.5 CONTENT OWNERSHIP AND COPYRIGHT CONDITIONS OF ACCESS

  • 4.5.1 The contents listed on the Website are (i) User generated content, or (ii) belong to Homeo here. The information that is collected by Homeo here directly or indirectly from the End- Users and the Practitioners shall belong to Homeo here. Copying of the copyrighted content published by Homeo here on the Website for any commercial purpose or for the purpose of earning profit will be a violation
  • 4.5.2 Homeo here authorizes the User to view and access the content available on or from the Website solely for ordering, receiving, delivering and communicating only as per this Agreement. The contents of the Website, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the Website are the property of Homeo here and are protected under copyright, trademark and other laws. User shall not modify the Homeo here Content or reproduce, display, publicly perform, distribute, or otherwise use the Homeo here Content in any way for any public or commercial purpose or for personal gain.
  • 4.5.3 User shall not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.

5. RIGHTS AND OBLIGATIONS RELATING TO CONTENT

5.1 As mandated by Regulation 3(2) of the IG Rules, Homeo here hereby informs Users that they are not permitted to host, display, upload, modify, publish, transmit, update or share any information that:

  1. belongs to another person and to which the User does not have any right to;
  2. 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 whatever;
  3. harm minors in any way;
  4. infringes any patent, trademark, copyright or other proprietary rights;
  5. violates any law for the time being in forc
  6. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
  7. impersonate another person;
  8. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
  9. 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 offense or prevents investigation of any offense or is insulting any other nation.

5.2 Users are also prohibited from:

  1. violating or attempting to violate the integrity or security of the Website or any Homeo here Content;
  2. transmitting any information (including job posts, messages and hyperlinks) on or through the Website that is disruptive or competitive to the provision of Services by Homeo here;
  3. intentionally submitting on the Website any incomplete, false or inaccurate information;
  4. making any unsolicited communications to other Users;
  5. 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;
  6. attempting to decipher, decompile, disassemble or reverse engineer any part of the Website;
  7. copying or duplicating in any manner any of the Homeo here Content or other information available from the Website;
  8. framing or hot linking or deep linking any Homeo here Content.
  9. circumventing or disabling any digital rights management, usage rules, or other security features of the Software.

6. CONDITIONS OF USE

You must be 18 years of age or older to register, use the Services, or visit or use the Website in any manner. By registering, visiting and using the Website or accepting this Agreement, you represent and warrant to Homeo here that you are 18 years of age or older, and that you have the right, authority and capacity to use the Website and the Services available through the Website, and agree to and abide by this Agreement.

7. PROPRIETARY RIGHTS

Techgentsia and/or its suppliers, as applicable, retain ownership of all proprietary rights in the Services and in all trade names, trademarks, service marks, logos, and domain names (“Techgentsia Marks”) associated or displayed with the Services. You may not frame or utilize framing techniques to enclose any Techgentsia Marks, or other proprietary information (including images, text, page layout, or form) of Techgentsia without express written consent. You may not use any meta tags or any other “hidden text” utilizing Techgentsia Marks without Techgentsia’s express written consent.

8. COPYRIGHT

You may not post, modify, distribute, or reproduce in any way copyrighted material, trademarks, rights of publicity or other proprietary rights without obtaining the prior written consent of the owner of such proprietary rights. Techgentsia may deny access to the Services to any User who is alleged to infringe another party’s copyright. Without limiting the foregoing, if You believe that Your copyright has been infringed, please notify Techgentsia at legal@techgentsia.com