• Appointment

Terms and Condition

CHEQUEPOOL.COM (“CHEQUE POOL SERVICES LLP”) is the author and publisher of the internet resource CHEQUEPOOL.COM and the mobile application ‘chequepool.com’ (together, “Website”). CHEQUEPOOL.COM owns and operates the services provided through the Website.NATURE AND APPLICABILITY OF TERMS Please carefully go through these terms and conditions (“Terms”) and the privacy policy available at https://www.CHEQUEPOOL.COM.com/company/privacy (“Privacy Policy”) before you decide to access the Website or avail the services made available on the Website by CHEQUEPOOL.COM. These Terms and the Privacy Policy together constitute a legal agreement (“Agreement”) between you and CHEQUEPOOL.COM 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 -

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 A patient, his/her representatives or affiliates, searching for Practitioners through the Website (“End-User”, “you” or “User”); or Otherwise a user of the Website (“you” or “User”).

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

This Agreement applies to those services made available by CHEQUEPOOL.COM on the Website, which are offered free of charge to the Users (“Services”), including the following: For Practitioners: Listing of Practitioners and their profiles and contact details, to be made available to the other Users and visitors to the Website; For other Users: Facility to (i) create and maintain ‘Health Accounts’, (ii) search for Practitioners by name, specialty, and geographical area, or any other criteria that may be developed and made available by CHEQUEPOOL.COM, and (iii) to make appointments with Practitioners. The Services may change from time to time, at the sole discretion of CHEQUEPOOL.COM, 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. If you have any questions about any part of the Agreement, feel free to contact us at support@CHEQUEPOOL.COM By downloading or accessing the Website to use the Services, you irrevocably accept all the conditions stipulated in this Agreement, the Subscription Terms of Service and Privacy Policy, 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 CHEQUEPOOL.COM.

The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but not limited to: The Indian Contract Act, 1872, The (Indian) Information Technology Act, 2000, and 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”)

2. CONDITIONS OF USE

You must be natural person to register and to 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 CHEQUEPOOL.COM 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.
3. TERMS OF USE APPLICABLE TO ALL USERS OTHER THAN PRACTITIONERS
The terms of this Clause 3 are applicable only to Users other than Practitioners.

3.1 END-USER ACCOUNT

3.1.1 The terms “personal information” and “sensitive personal data or information” are defined under the SPI Rules, and are reproduced in the Privacy Policy.

3.1.2 CHEQUEPOOL.COM may by its Services, collect information relating to the devices through which you access theWebsite, and anonymous data about your usage. The collected information will be used only for improving the quality of CHEQUEPOOL.COM’s services and to build new services.

3.1.3 The Website allows CHEQUEPOOL.COM to have access to registered Users’ personal email or phone number, for communication purpose, so as to provide you a better way of booking appointments and for obtaining feedback in relation to the Practitioners and their practice.

3.2 RELEVANCE ALGORITHM CHEQUEPOOL.COM’s relevance algorithm for the Practitioners is a fully automated system that lists the Practitioners, their profile and information regarding their Practice on its Website. These listings of Practitioners do not represent any fixed objective ranking or endorsement by CHEQUEPOOL.COM. CHEQUEPOOL.COM will not be liable for any change in the relevance of the Practitioners on search results, which may take place from time to time. The listing of Practitioners will be based on automated computation of the various factors including inputs made by the Users including their comments and feedback. Such factors may change from time to time, in order to improve the listing algorithm. CHEQUEPOOL.COM in no event will be held responsible for the accuracy and the relevancy of the listing order of the Practitioners on the Website.


3.3 LISTING CONTENT AND DISSEMINATING INFORMATION

3.3.1CHEQUEPOOL.COM 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. CHEQUEPOOL.COM takes reasonable efforts to ensure that such information is updated at frequent intervals. Although CHEQUEPOOL.COM 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.

3.3.2The Services provided by CHEQUEPOOL.COM or any of its licensors or service providers are provided on an "as is" and “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). CHEQUEPOOL.COM does not provide or make any representation, warranty or guarantee, express or implied about the Website or the Services. CHEQUEPOOL.COM 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, CHEQUEPOOL.COM 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 CHEQUEPOOL.COM or any User in relation to any User or services provided by such User.

3.3.3The Website may be linked to the website of third parties, affiliates and business partners. CHEQUEPOOL.COM has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through our Website. Inclusion of any link on the Website does not imply that CHEQUEPOOL.COM endorses the linked site. User may use the links and these services at User’s own risk.

3.3.4CHEQUEPOOL.COM 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. 3.3.5If CHEQUEPOOL.COM determines that you have provided fraudulent, inaccurate, or incomplete information, including through feedback, CHEQUEPOOL.COM reserves the right to immediately suspend your access to the Website or any of your accounts with CHEQUEPOOL.COM and makes such declaration on the website alongside your name/your clinic’s name as determined by CHEQUEPOOL.COM for the protection of its business and in the interests of Users. You shall be liable to indemnify CHEQUEPOOL.COM for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected CHEQUEPOOL.COM or its Users.

3.4 BOOK APPOINTMENT AND CALL FACILITY CHEQUEPOOL.COM enables Users to connect with Practitioners through Book facility that allows Users book an appointment through the Website.

3.4.1 CHEQUEPOOL.COM will ensure Users are provided confirmed appointment on the Book facility. However, CHEQUEPOOL.COM has no liability if such an appointment is later cancelled by the Practitioner, or the same Practitioner is not available for appointment..

3.4.2 The results of any search Users perform on the Website for Practitioners should not be construed as an endorsement by CHEQUEPOOL.COM 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.

3.4.3 Without prejudice to the generality of the above, CHEQUEPOOL.COM 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 CHEQUEPOOL.COM 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; Cancellation or no show by the Practitioner or rescheduling of booked appointment or any variation in the fees charged, provided these have been addressed to under, CHEQUEPOOL.COM.

3.4.4 Users are allowed to provide feedback about their experiences with the Practitioner, however, the User shall ensure that, the same is provided in accordance with applicable law. User however understands that, CHEQUEPOOL.COM 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.

3.4.5Cancellation 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, User will need to write to us at support@CHEQUEPOOL.COMwithin five (5) days from the occurrence of such event; in which case, 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 in the original mode of payment done by the User while booking. In case where the User, does not show up for the appointment booked with a Practitioner, without cancelling the appointment beforehand, the amount will not be refunded, and treated as under Clause 3.4.6. 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 cancelled beforehand. Users will not be entitled for any refunds in cases where, the Practitioner is unable to meet the User at the exact time of the scheduled appointment time and the User is required to wait, irrespective of the fact whether the User is required to wait or choose to not obtain the medical services from the said Practitioner.

3.5NO DOCTOR-PATIENT RELATIONSHIP; NOT FOR EMERGENCY USE

3.5.1Please 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 CHEQUEPOOL.COM 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.

3.5.2It is hereby expressly clarified that, the Information that you obtain or receive from CHEQUEPOOL.COM, 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.

3.5.3The Services are not intended to be a substitute for getting in touch with emergency health care. 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.

3.6 CHEQUEPOOL.COM shall charge a platform fee on the Practitioner and/patient, which is a nominal amount, for the service being provided by CHEQUEPOOL.COM. The amount levied and payable by Practitioner shall appear, on the Practitioner’s account and the amount levied and payable by the patient, shall appear when the patient is making payment to the Practitioner, respectively.

3.6.1 The payment gateway option is being provided to the patients to make collection of payment easier. In case wrong bank account details are provided by the Practitioner, CHEQUEPOOL.COM will not be responsible for loss of money, if any. In case of there being any technical failure, at the time of transaction and there is a problem in making payment, you could contact support@CHEQUEPOOL.COM

3.6.2Terms for Practitioners:

The Practitioner shall reply to the patient after receiving patient’s communication. In case of non-compliance with regard to reverting/ adhering to the applicable laws/rules/regulations/guidelines by the Practitioner, CHEQUEPOOL.COM has the right to show other available Practitioners to the patient or remove Practitioners from the platform/CHEQUEPOOL.COM application/site.

The Practitioner understands and agrees that, CHEQUEPOOL.COM shall at its sole discretion, at any time be entitled to, show other Practitioners available for consultation.

The Practitioner further understands that, there is a responsibility on the Practitioner to treat the patients on this model, as the Practitioner would have otherwise treated the patient on a physical one-on-one consultation model. 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 patient. In such cases, patient has the option of choosing other Practitioners.

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 being rendered.

The Practitioner acknowledges that should CHEQUEPOOL.COM find the Practitioner to be in violation of any of the applicable laws/rules/ regulations/guidelines set out by the authorities then CHEQUEPOOL.COM shall be entitled to cancel the consultation with such patient or take such other legal action as may be required. It is further understood by the Practitioner that the information that is disclosed by the patient at the time of consultation, shall be confidential in nature and subject to patient and Practitioner privilege.

The Practitioner shall ensure patient’s consent is obtained prior to uploading the prescription/health records of the patient on the account of the patient during such consultation.

3.6.3Terms for Patients: The User hereby grants consent to CHEQUEPOOL.COM to feature the queries posted by the User on the CHEQUEPOOL.COM Basic model and agrees that any such information provided by the User will be subject to CHEQUEPOOL.COM Privacy Policy.

CHEQUEPOOL.COM Consult is intended for general purposes only and is not meant to be used in emergencies/serious illnesses requiring physical consultation. Further, if the Practitioner adjudges that a physical examination would be required and advises ‘in-person consultation’, it is the sole responsibility of the patient, to book an appointment for physical examination and in-person consultation whether the same is with the Practitioner listed hereunder or otherwise. In case of any negligence on the part of the patient in acting on the same and the condition of the patient deteriorates, CHEQUEPOOL.COM shall not be held liable. All the conditions prescribed in Section 3.5 of this Terms of Use shall apply to the Users. The User understands and agrees that CHEQUEPOOL.COM Consult, is merely a consulting model, any interactions and associated issues with the Practitioner on CHEQUEPOOL.COM Consult including but not limited to the User’s health issues and/or the User’s experiences is strictly between the User and the Practitioner.

The User shall not hold CHEQUEPOOL.COM responsible for any such interactions and associated issues. As a User, you understand that, CHEQUEPOOL.COM is not a medical service provider, nor is it involved in providing any healthcare or medical advice or diagnosis, it shall hence not be responsible for any outcome from the consultation between the User and the Practitioner. CHEQUEPOOL.COM Consult is a platform being made available to Users to assist them to obtain consultation from Practitioners and does not intend to replace the physical consultation with the Practitioner. You understand that, your conversations with the Practitioner will be retained in our database as per the applicable laws. If you decide to engage with a Practitioner to procure medical services to you, you shall do so at your own risk. CHEQUEPOOL.COM shall not be responsible for any breach of service or service deficiency by any Practitioner. If you decide to use the payment gateway to make payments online, it is solely at your discretion. Should there be any issues with regard to the payment not reaching the respective Practitioner’s account, please reach out to support@chequepool.com Cancellations/Refunds: In case of patients, where the Practitioner has acted in contravention with any guidelines/applicable laws/rules/regulations, CHEQUEPOOL.COM shall provide a complete refund to the patient, subject to an investigation undertaken by CHEQUEPOOL.COM. However, where the cancellation is due to the abusive nature of the patient, such patient shall not be eligible for any refund and CHEQUEPOOL.COM/Practitioner shall be entitled to take any legal action, depending upon the gravity of the matter.

3.7CHEQUEPOOL.COMHEALTH FEED

3.7.1CHEQUEPOOL.COM Health feed is an online content platform available on the website, wherein Practitioners who have created a CHEQUEPOOL.COM profile and Users who have created a health account can login and post health and wellness related content

3.7.2A User can use CHEQUEPOOL.COM 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 CHEQUEPOOL.COM’s servers. CHEQUEPOOL.COM will make available to the User a gallery of images licensed by CHEQUEPOOL.COM from a third party stock image provider (“CHEQUEPOOL.COM Gallery”). The User can upload their own images or choose an image from the CHEQUEPOOL.COM Gallery. CHEQUEPOOL.COM does not provide any warranty as to the ownership of the intellectual property in the CHEQUEPOOL.COM Gallery and the User acknowledges that the User will use the images from the CHEQUEPOOL.COM Gallery at their own risk. CHEQUEPOOL.COM shall post such Content to CHEQUEPOOL.COM Health feed at its own option and subject to these Terms and Conditions. The Content uploaded via CHEQUEPOOL.COM Health feed does not constitute medical advice and may not be construed as such by any person.

3.7.3The User acknowledges that they are the original authors and creators of any Content uploaded by them via CHEQUEPOOL.COM Health feed and that no Content uploaded by them would constitute infringement of the intellectual property rights of any other person. CHEQUEPOOL.COM 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. The User agrees to absolve CHEQUEPOOL.COM from and indemnify CHEQUEPOOL.COM against all claims that may arise as a result of any third party intellectual property right claim that may arise from the user’s uploading of any Content on CHEQUEPOOL.COM Health feed. The User may not use the images in the CHEQUEPOOL.COM Gallery for any purpose other than those directly related to the creation and uploading of Content to CHEQUEPOOL.COM Health feed. The User also agrees to absolve CHEQUEPOOL.COM from and indemnify CHEQUEPOOL.COM against all claims that may arise as a result of any third party intellectual property claim if the User downloads, copies or otherwise utilizes an image from the CHEQUEPOOL.COM Gallery for his/her personal or commercial gain.

3.7.4The user hereby assigns to CHEQUEPOOL.COM, in perpetuity and worldwide, all intellectual property rights in any Content created by the User and uploaded by the User via CHEQUEPOOL.COM Health feed.

3.7.5CHEQUEPOOL.COM shall have the right to edit or remove the Content and any comments in such manner as it may deem CHEQUEPOOL.COM Health feed at any time.

3.7.6The User agrees not to upload Content which is defamatory, obscene or objectionable in nature and CHEQUEPOOL.COM reserves the right to remove any Content which it may determine at its own discretion to violate these Terms and Conditions or be violative of any law or statute in force at the time. The User agrees to absolve CHEQUEPOOL.COM from and indemnify CHEQUEPOOL.COM against all claims that may arise as a result of any legal claim arising from the nature of the Content posted by the User on CHEQUEPOOL.COM Health Feed.

3.7.7A User may also use CHEQUEPOOL.COM Health feed in order to view original content created by Practitioners and to create and upload comments on such Content, where allowed.

3.7.8User acknowledges that the Content on CHEQUEPOOL.COM Health feed reflects the views and opinions of the authors of such Content and do not necessarily reflect the views of CHEQUEPOOL.COM.

3.7.9User agrees that the content they access on CHEQUEPOOL.COM 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 CHEQUEPOOL.COMfrom and indemnify CHEQUEPOOL.COM against all claims that may arise as a result of the User’s actions resulting from the User’s viewing of Content on CHEQUEPOOL.COM Health feed.

3.7.10The User acknowledges that all intellectual property rights in the Content on CHEQUEPOOL.COM Health feed vests with CHEQUEPOOL.COM. The User agrees not to infringe upon CHEQUEPOOL.COM’s intellectual property by copying or plagiarizing content on CHEQUEPOOL.COM Health feed. CHEQUEPOOL.COM reserves its right to initiate all necessary legal remedies available to them in case of such an infringement by the User. All comments created and uploaded by the User on CHEQUEPOOL.COM Health feed will be the sole intellectual property of CHEQUEPOOL.COM. The User agrees not to post any comments on CHEQUEPOOL.COM Health feed that violate the intellectual property of any other person. CHEQUEPOOL.COM reserves the right to remove any comments which it may determine at its own discretion as violating the intellectual property rights of any other person. The User agrees to absolve CHEQUEPOOL.COM from and indemnify CHEQUEPOOL.COM against all claims that may arise as a result of any third party intellectual property right claim that may arise from the User’s uploading of any comment on CHEQUEPOOL.COM Health feed.

3.7.11User agrees not to post any comments which are defamatory, obscene, objectionable or in nature and CHEQUEPOOL.COM reserves the right to remove any comments which it may determine at its own discretion to violate these Terms and Conditions or be violative of any law or statute in force at the time. The User agrees to absolve CHEQUEPOOL.COM from and indemnify CHEQUEPOOL.COM against all claims that may arise as a result of any legal claim arising from the nature of the comments posted by the User on CHEQUEPOOL.COM Health feed.

3.8CONTENT OWNERSHIP AND COPYRIGHT CONDITIONS OF ACCESS

3.8.1The contents listed on the Website are (i) User generated content, or (ii) belong to CHEQUEPOOL.COM. The information that is collected by CHEQUEPOOL.COM directly or indirectly from the End- Users and the Practitioners shall belong to CHEQUEPOOL.COM. Copying of the copyrighted content published by CHEQUEPOOL.COM on the Website for any commercial purpose or for the purpose of earning profit will be a violation of copyright and CHEQUEPOOL.COM reserves its rights under applicable law accordingly.

3.8.2CHEQUEPOOL.COM 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 (collectively, "CHEQUEPOOL.COM Content"), are the property of CHEQUEPOOL.COM and are protected under copyright, trademark and other laws. User shall not modify the CHEQUEPOOL.COM Content or reproduce, display, publicly perform, distribute, or otherwise use the CHEQUEPOOL.COM Content in any way for any public or commercial purpose or for personal gain.

3.8.3User shall not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.

3.9 REVIEWS AND FEEDBACK

By using this Website, you agree that any information shared by you with CHEQUEPOOL.COM or with any Practitioner will be subject to our Privacy Policy. You are solely responsible for the content that you choose to submit for publication on the Website, including any feedback, ratings, or reviews (“Critical Content”) relating to Practitioners or other healthcare professionals. The role of CHEQUEPOOL.COM in publishing Critical Content is restricted to that of an ‘intermediary’ under the Information Technology Act, 2000. CHEQUEPOOL.COM 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. CHEQUEPOOL.COM shall not be liable to pay any consideration to any User for re-publishing any content across any of its platforms. Your publication of reviews and feedback on the Website is governed by Clause 5 of these Terms. Without prejudice to the detailed terms stated in Clause 5, 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. CHEQUEPOOL.COM, 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 CHEQUEPOOL.COM may contact you through telephone, email, SMS, or any other electronic means of communication for the purpose of: Obtaining feedback in relation to Website or CHEQUEPOOL.COM’s services; and/or Obtaining feedback in relation to any Practitioners listed on the Website; and/or Resolving any complaints, information, or queries by Practitioners regarding your Critical Content; and you agree to provide your fullest co-operation further to such communication by CHEQUEPOOL.COM. CHEQUEPOOL.COM’s Feedback Collection and Fraud Detection Policy, is annexed as the Schedule hereto, and remains subject always to these Terms.

3.10RECORDS

CHEQUEPOOL.COM may provide End-Users with a free facility known as ‘Records’ on its mobile application ‘CHEQUEPOOL.COM’. Information available in your Records is of two types: User-created: Information uploaded by you or information generated during your interaction with CHEQUEPOOL.COM ecosystem, eg: appointment, medicine order placed by you. Practice-created: Health Records generated by your interaction with a Practitioner who uses ‘CHEQUEPOOL.COM Ray’ or other Services of CHEQUEPOOL.COM software. The specific terms relating to such Health Account are as below, without prejudice to the rest of these Terms and the Privacy Policy:

3.10.1Your Records is only created after you have signed up and explicitly accepted these Terms.

3.10.2Any Practice created Health Record is provided on an as-is basis at the sole intent, risk and responsibility of the

Practitioner and CHEQUEPOOL.COM does not validate the said information and makes no representation in connection therewith. You should contact the relevant Practitioner in case you wish to point out any discrepancies or add, delete, or modify the Health Record in any manner.

3.10.3The Health Records are provided on an as-is basis. While we strive to maintain the highest levels of service availability, CHEQUEPOOL.COM is not liable for any interruption that may be caused to your access of the Services. 3.10.4The reminder provided by the Records is only a supplementary way of reminding you to perform your activities as

prescribed by your Practitioner. In the event of any medicine reminders provided by CHEQUEPOOL.COM, you should refer to your prescription before taking any medicines. CHEQUEPOOL.COM is not liable if for any reason reminders are not delivered to you or are delivered late or delivered incorrectly, despite its best efforts. In case you do not wish to receive the reminders, you can switch it off through the CHEQUEPOOL.COM app. 3.10.5It is your responsibility to keep your correct mobile number and email ID updated in the Records. The Health Records will

be sent to the Records associated with this mobile number and/or email ID. Every time you change any contact information (mobile or email), we will send a confirmation. CHEQUEPOOL.COM is not responsible for any loss or inconvenience caused due to your failure in updating the contact details with CHEQUEPOOL.COM.


3.10.6CHEQUEPOOL.COM uses industry–level security and encryption to your Health Records. However, CHEQUEPOOL.COM does not guarantee to prevent unauthorized access if you lose your login credentials or they are otherwise compromised. In the event you are aware of any unauthorized use or access, you shall immediately inform CHEQUEPOOL.COM of such unauthorized use or access. Please safeguard your login credentials and report any actual, suspected breach of account to support@CHEQUEPOOL.COM.

3.10.7If you access your dependents’ 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, had they maintained their own separate individual Records. 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. CHEQUEPOOL.COM assumes no responsibility for any claim, dispute or liability arising in this regard, and you shall indemnify CHEQUEPOOL.COM and its officers against any such claim or liability arising out of unauthorized use of such information.

3.10.8In case you want to delete your Records, you can do so by contacting our service support team. However only your account and any associated Health Records will be deleted, and your Health Records stored by your Practitioners will continue to be stored in their respective accounts.

3.10.9You may lose your “User created” record, if the data is not synced with the server.

3.10.10If the Health Record is unassessed for a stipulated time, you may not be able to access your Health Records due to security reasons.

3.10.11CHEQUEPOOL.COM is not liable if for any reason, Health Records are not delivered to you or are delivered late despite its best efforts.

3.10.12The Health Records are shared with the phone numbers that are provided by your Practitioner. CHEQUEPOOL.COM is not responsible for adding the Heath Records with incorrect numbers if those incorrect numbers are provided by the Practitioner.

3.10.13CHEQUEPOOL.COM is not responsible or liable for any content, fact, Health Records, medical deduction or the language used in your Health Records whatsoever. Your Practitioner is solely responsible and liable for your Health Records and any information provided to us including but not limited to the content in them.

3.10.14CHEQUEPOOL.COM has the ability in its sole discretion to retract Health Records without any prior notice if they are found to be shared incorrectly or inadvertently.

3.10.15CHEQUEPOOL.COM will follow the law of land in case of any constitutional court or jurisdiction mandates to share the Health Records for any reason.

3.10.16You agree and acknowledge that CHEQUEPOOL.COM may need to access the Health Record for cases such as any technical or operational issue of the End User in access or ownership of the Records.

3.10.17You acknowledge that the Practitioners you are visiting may engage CHEQUEPOOL.COM's software or third party software for the purposes of the functioning of the Practitioner’s business and CHEQUEPOOL.COM'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.

3.10.18To the extent that your Records have been shared with CHEQUEPOOL.COM or stored on any of the CHEQUEPOOL.COM 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 CHEQUEPOOL.COM pertaining to such previously visited clinics and hospitals who have tie ups with CHEQUEPOOL.COM for the purposes of their business and for CHEQUEPOOL.COM'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 and further agree, upon creation of your account with CHEQUEPOOL.COM, to the mapping of such Records as may be available in CHEQUEPOOL.COM’s database to your User account.

4. TERMS OF USE PRACTITIONERS

The terms in this Clause 4 are applicable only to Practitioners.

4.1 LISTING POLICY

4.1.1CHEQUEPOOL.COM, directly and indirectly, collects information regarding the Practitioners’ profiles, contact details, and practice. CHEQUEPOOL.COM reserves the right to take down any Practitioner’s profile as well as the right to display the profile of the Practitioners, with or without notice to the concerned Practitioner. This information is collected for the purpose of facilitating interaction with the End-Users and other Users. If any information displayed on the Website in connection with you and your profile is found to be incorrect, you are required to inform CHEQUEPOOL.COM immediately to enable CHEQUEPOOL.COM to make the necessary amendments.

4.1.2CHEQUEPOOL.COM shall not be liable and responsible for the ranking of the Practitioners on external websites and search engines

4.1.3CHEQUEPOOL.COM shall not be responsible or liable in any manner to the Users for any losses, damage, injuries or expenses incurred by the Users as a result of any disclosures or publications made by CHEQUEPOOL.COM, where the User has expressly or implicitly consented to the making of disclosures or publications by CHEQUEPOOL.COM. If the User had revoked such consent under the terms of the Privacy Policy, then CHEQUEPOOL.COM shall not be responsible or liable in any manner to the User for any losses, damage, injuries or expenses incurred by the User as a result of any disclosures made by CHEQUEPOOL.COM prior to its actual receipt of such revocation.

4.1.4CHEQUEPOOL.COM reserves the right to moderate the suggestions made by the Practitioners through feedback and the right to remove any abusive or inappropriate or promotional content added on the Website. However, CHEQUEPOOL.COM shall not be liable if any inactive, inaccurate, fraudulent, or non- existent profiles of Practitioners are added to the Website.

4.1.5Practitioners explicitly agree that CHEQUEPOOL.COM reserves the right to publish the Content provided by Practitioners to a third party including content platforms.

4.1.7You as a Practitioner hereby represent and warrant that you will use the Services in accordance with applicable law. Any contravention of applicable law as a result of your use of these Services is your sole responsibility, and CHEQUEPOOL.COM accepts no liability for the same.

4.2PROFILE OWNERSHIP AND EDITING RIGHTS

CHEQUEPOOL.COM ensures easy access to the Practitioners by providing a tool to update your profile information. CHEQUEPOOL.COM reserves the right of ownership of all the Practitioner’s profile and photographs and to moderate the changes or updates requested by Practitioners. However, CHEQUEPOOL.COM takes the independent decision whether to publish or reject the requests submitted for the respective changes or updates. You hereby represent and warrant that you are fully entitled under law to upload all content uploaded by you as part of your profile or otherwise while using CHEQUEPOOL.COM’s services, and that no such content breaches any third party rights, including intellectual property rights. Upon becoming aware of a breach of the foregoing representation, CHEQUEPOOL.COM may modify or delete parts of your profile information at its sole discretion with or without notice to you.

4.3REVIEWS AND FEEDBACK DISPLAYRIGHTS OF CHEQUEPOOL.COM

4.3.1All Critical Content is content created by the Users of www.CHEQUEPOOL.COM.com (“Website”) and the clients of CHEQUEPOOL.COM customers and Practitioners, including the End-Users. As a platform, CHEQUEPOOL.COM 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. The role of CHEQUEPOOL.COM and other legal rights and obligations relating to the Critical Content are further detailed in Clauses 3.9 and 5 of these Terms. CHEQUEPOOL.COM’s Feedback Collection and Fraud Detection Policy, is annexed as the Schedule hereto, and remains subject always to these Terms. 4.3.2CHEQUEPOOL.COM reserves the right to collect feedback and Critical Content for all the Practitioners, Clinics and Healthcare Providers listed on the Website. 4.3.3CHEQUEPOOL.COM shall have no obligation to pre-screen, review, flag, filter, modify, refuse or remove any or all Critical Content from any Service, except as required by applicable law. 4.3.4You understand that by using the Services you may be exposed to Critical Content or other content that you may find offensive or objectionable. CHEQUEPOOL.COM shall not be liable for any effect on Practitioner’s business due to Critical Content of a negative nature. In these respects, you may use the Service at your own risk. CHEQUEPOOL.COM however, as an ‘intermediary, takes steps as required to comply with applicable law as regards the publication of Critical Content. 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.


4.3.5CHEQUEPOOL.COM will take down information under standards consistent with applicable law, and shall in no circumstances be liable or responsible for Critical Content, which has been created by the Users. The principles set out in relation to third party content in the terms of Service for the Website shall be applicable mutatis mutandis in relation to Critical Content posted on the Website.

4.3.6If CHEQUEPOOL.COM determines that you have provided inaccurate information or enabled fraudulent feedback,CHEQUEPOOL.COM reserves the right to immediately suspend any of your accounts with CHEQUEPOOL.COM and makes such declaration on the website alongside your name/your clinics name as determined by CHEQUEPOOL.COM for the protection of its business and in the interests of Users.

4.4RELEVANCE ALGORITHM CHEQUEPOOL.COM has designed the relevance algorithm in the best interest of the End-User and may adjust the relevance algorithm from time to time to improve the quality of the results given to the patients. It is a pure merit driven, proprietary algorithm which cannot be altered for specific Practitioners. CHEQUEPOOL.COM shall not be liable for any effect on the Practitioner’s business interests due to the change in the Relevance Algorithm. 4.5INDEPENDENT SERVICES Your use of each Service confers upon you only the rights and obligations relating to such Service, and not to any other service that may be provided by CHEQUEPOOL.COM. 4.6CHEQUEPOOL.COM REACH RIGHTS Chequepool.com reserves the rights to display sponsored ads on the Website. These ads would be marked as “Sponsored ads”. Without prejudice to the status of other content, CHEQUEPOOL.COM will not be liable for the accuracy of information or the claims made in the Sponsored ads. CHEQUEPOOL.COM does not encourage the Users to visit the Sponsored ads page or to avail any services from them. CHEQUEPOOL.COM will not be liable for the services of the providers of 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 CHEQUEPOOL.COM accepts no liability for the same.
4.7CHEQUEPOOL.COM CONSULT

4.7.1CHEQUEPOOL.COM Consult enables Practitioners to connect with the Users by responding to the health related queries posted by them on their Health Accounts using the special software application provided to Practitioners by CHEQUEPOOL.COM (“Doctor App”).

4.7.2The User may post two types of queries on their Health Accounts (i) public query, which is sent through CHEQUEPOOL.COM Consult to multiple Practitioners and enables any of the chosen Practitioner to respond to the query posted; and (ii) private query, which will be only sent to the Practitioner that the User has chosen.

4.7.3The public queries posted by the Users are sent to multiple Practitioners through a fully automated system installed in the Doctor App. The automated system chooses Practitioners based on inter alia the information furnished by each Practitioner, the number of questions answered by the Practitioner and the rating or reviews procured by the Practitioner. CHEQUEPOOL.COM does not guarantee in any manner that any query will be directed to a particular Practitioner and will not be responsible for the Practitioners chosen to respond to the queries.

4.7.4Practitioner agrees that, when providing any written response to a User’s query that constitutes a performance of his/her services, the Practitioner shall not post language that may be considered abusive, objectionable or demeaning to the User or in general.

4.7.5In the event, the Practitioner indicates as part of his response the pre-consultation fee payable for the advice solicited through the private query, CHEQUEPOOL.COM shall provide the User an option to directly remit the amount to the Practitioner through the Health Account and subsequently deduct a portion from the amount paid as its fee for the performance of the services.

4.7.6CHEQUEPOOL.COM shall remit the fees to the Practitioner in accordance with the terms agreed between the Practitioners and CHEQUEPOOL.COM in the Software License and Services Agreement executed between them.

4.7.7CHEQUEPOOL.COM reserves the right to revise the fee terms at any time at their discretion. The Practitioner’s continued use of the services and Doctor App shall constitute his/her consent to such revision.

4.7.8Practitioner hereby agrees that it shall use the Doctor App for the purpose specified in these Terms of Use and shall not use the Doctor App for any unauthorized and unlawful purpose, including impersonating another person.

4.7.9Practitioner hereby represents and warrants that he/sheis qualified to provide medical services within the territory of India;has obtained all licenses as required by law to provide medical services and has not committed any act or omission that might prejudice its continuance or renewal; andhas provided CHEQUEPOOL.COM true, accurate, complete and up to date details about their qualification and credentials.

4.7.10Practitioner agrees that he/she shall at all times abide by the applicable medical regulations including the code of.

4.7.11Practitioners shall promptly renew their licenses required to provide medical services and notify CHEQUEPOOL.COM about the same.

4.7.12CHEQUEPOOL.COM reserves the right to terminate any account of the Practitioner in case: the Practitioner breaches any terms and conditions of this terms of use or privacy policy or applicable laws; CHEQUEPOOL.COM is unable to verify or authenticate any information provided to it by a Practitioner; or CHEQUEPOOL.COM in its sole and absolute discretion believes that actions of the Practitioner may cause legal liability for CHEQUEPOOL.COM or other Users and / or may adversely affect the services rendered by CHEQUEPOOL.COM.

4.7.13Practitioner hereby agrees that, for any User that contacts the Practitioner using CHEQUEPOOL.COM Consult, only he/she shall be allowed to perform the services for the User and that the Practitioner may under no circumstances be permitted to transfer the performance of Your Services to any other person, whether under their supervision or not. The Practitioner accepts all responsibility and liability for the use of CHEQUEPOOL.COM Consult, including the performance of its services, by any other party claiming to be the Practitioner and hereby agrees to indemnify CHEQUEPOOL.COM against any claim or loss that may be faced by CHEQUEPOOL.COM consequent to such use.

4.7.14Practitioner hereby agrees to hold in strictest confidence all information provided by a User to him/her under all circumstances. Practitioner agrees that he/she shall not disclose any information or documentation provided by a User to any other person, nor shall he/she allow, by act or omission, such information or documentation to be acquired by any other person.

4.7.15Practitioner agrees to render his/her services and fulfill their obligations towards their patients using their best efforts, skill and ability.

4.7.16Practitioner agrees and understands that some or all his/her may be made available to the general public through the Doctor App or otherwise by the Company and that he/she has no objection to the same.

4.7.17Practitioner hereby agrees to assign to CHEQUEPOOL.COM in perpetuity all intellectual property rights residing in the responses provided by him/her for use by CHEQUEPOOL.COM worldwide. 4.7.18Practitioner hereby agrees not to seek the contact details of any User or to contact any User except through the Doctor App.

4.7.19Any communication sent by or through CHEQUEPOOL.COM to the Practitioner is based solely on information uploaded by the Users. CHEQUEPOOL.COM shall not be responsible for the incompleteness or inaccuracy such information, including if as a result of such inaccuracy, a communication is sent to an unintended recipient.

4.7.20Practitioner shall be liable to indemnify and hold CHEQUEPOOL.COM harmless from and against all actions, claims, damages, losses and expenses, including court costs and reasonable attorneys’ fees, arising out of or resulting from any breach, default, contravention, non-observance, non-performance, improper performance of any of its obligations or the terms, conditions, covenants and provisions contained in this Terms of Use.

4.8 CHEQUEPOOL.COMHEALTH FEED

4.8.1CHEQUEPOOL.COM health feed is an online content platform available on the website, wherein Practitioners who have a CHEQUEPOOL.COM profile and Users who have a health account can login and post health and wellness related content.

4.8.2A Practitioner can use health feed by logging in from their profile, creating original content comprising text, audio, video, images data or any combination of the same (“as defined in Clause 3.7.2”), and uploading said Content to CHEQUEPOOL.COM’s servers. The Practitioner can upload their own images or choose an image from the gallery that CHEQUEPOOL.COM provides. CHEQUEPOOL.COM shall post such Content to CHEQUEPOOL.COM health feed at its own option and subject to these Terms and Conditions. The Content uploaded via CHEQUEPOOL.COM health feed does not constitute medical advice and may not be construed as such by any person.

4.8.3The Practitioner acknowledges that they are the original authors and creators of any Content or comments uploaded by them via CHEQUEPOOL.COM health feed and that no Content or comment uploaded by them would constitute infringement of the intellectual property rights of any other person. CHEQUEPOOL.COM reserves the right to remove any Content or comment which it may determine at its own discretion as violating the intellectual property rights of any other person. The Practitioner agrees to absolve CHEQUEPOOL.COM from and indemnify CHEQUEPOOL.COM against all claims that may arise as a result of any third party intellectual property right claim that may arise from the Practitioner’s uploading of any Content on CHEQUEPOOL.COM health feed. The Practitioner also agrees to absolve CHEQUEPOOL.COM from and indemnify CHEQUEPOOL.COM against all claims that may arise as a result of any third party intellectual property claim if the Practitioner downloads an image from CHEQUEPOOL.COM’s gallery and utilizes it for his/her personal or commercial gain.

4.8.4The Practitioner hereby assigns to CHEQUEPOOL.COM, in perpetuity and worldwide, all intellectual property rights in any Content or comment created by the Practitioner and uploaded by the Practitioner via CHEQUEPOOL.COM health feed.

4.8.5CHEQUEPOOL.COM shall have the right to edit or remove the Content and any comments in such manner as it may deem fit at any time.

4.8.6The Practitioner may also use CHEQUEPOOL.COM health feed in order to view original content created by Users or other Practitioners and also create and upload comments on such Content including their own content where allowed.

4.8.7Practitioner acknowledges that the content on CHEQUEPOOL.COM health feed reflects the views and opinions of the authors of such content and does not necessarily reflect CHEQUEPOOL.COM’s views.

4.8.8Practitioner agrees not to post any comments or upload any Content which are defamatory, obscene, objectionable or in nature and CHEQUEPOOL.COM reserves the right to remove any comments which it may determine at its own discretion to violate these Terms and Conditions or be violative of any law or statute in force at the time. The Practitioner agrees to absolve CHEQUEPOOL.COM from and indemnify CHEQUEPOOL.COM against all claims that may arise as a result of any legal claim arising from the nature of the Content or the comments posted by the Practitioner on CHEQUEPOOL.COM health feed

4.9 BOOK APPOINTMENT AND CALL FACILITY

4.10.As a valuable partner on our platform we want to ensure that the Practitioners experience on the CHEQUEPOOL.COM booking platform is beneficial to both, Practitioners and their Users. For all terms and conditions of Book facility on CHEQUEPOOL.COM profile cheque book standards.

4.10.Practitioner understands that, CHEQUEPOOL.COM shall not be liable, under any event, for any comments or feedback given by any of the Users in relation to the Services provided by the practitioner. The option of publishing or modifying or moderating or masking (where required by law or norm etc.) the feedback provided by Users shall be solely at the discretion of CHEQUEPOOL.COM.

5.RIGHTS AND OBLIGATIONS RELATING TO CONTENT

5.1As mandated by Regulation 3(2) of the IG Rules, chequepool.com 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 whatever;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, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
5.2Users are also prohibited from:violating or attempting to violate the integrity or security of the Website or any

CHEQUEPOOL.COM Content;
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 chequepool.com; Intentionally submitting on the Website 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; Copying or duplicating in any manner any of the chequepool.com Content or other information available from the Website; Framing or hot linking or deep linking any chequepool.com Content. Circumventing or disabling any digital rights management, usage rules, or other security features of the Software.

5.3chequepool.com, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email signed with an electronic signature about any such information as mentioned above, shall be entitled to disable such information that is in contravention of Clauses 5.1 and 5.2. chequepool.com shall also be entitled to preserve such information and associated records for at least 90 (ninety) days for production to governmental authorities for investigation purposes.

5.4In case of non-compliance with any applicable laws, rules or regulations, or the Agreement (including the Privacy Policy) by a User, chequepool.com has the right to immediately terminate the access or usage rights of the User to the Website and Services and to remove non-compliant information from the Website.

5.5chequepool.com 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. The SPI Rules only permit CHEQUEPOOL.COM to transfer sensitive personal data or information including any information, to any other body corporate or a person in India, or located in any other country, that ensures the same level of data protection that is adhered to by chequepool.com as provided for under the SPI Rules, only if such transfer is necessary for the performance of the lawful contract between chequepool.com or any person on its behalf and the User or where the User has consented to data transfer. chequepool.com respects the intellectual property rights of others and we do not hold any responsibility for any violations of any intellectual property rights.


6.TERMINATION

6.1chequepool.com 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, in cases 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; chequepool.com is unable to verify or authenticate any information provide to chequepool.com by a User; chequepool.com has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User; or chequepool.com believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for chequepool.com or are contrary to the interests of the Website.

6.2Once 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 herein, such User shall no longer have access to data, messages, files and other material kept on the Website 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.

7.LIMITATION OF LIABILITY

In no event, including but not limited to negligence, shall CHEQUEPOOL.COM, or any of its directors, officers, employees, agents or content or service providers (collectively, the “Protected Entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Website or the content, materials and functions related thereto, the Services, User’s provision of information via the Website, lost business or lost End-Users, even if such Protected Entity has been advised of the possibility of such damages. In no event shall the Protected Entities be liable for:provision of or failure to provide all or any service by Practitioners to End- Users contacted or managed through the Website;any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Website;any unauthorized access to or alteration of your transmissions or data; orany other matter relating to the Website or the Service. In no event shall the total aggregate liability of the Protected Entities to a User for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from this Agreement or a User’s use of the Website or the Services exceed, in the aggregate Rs. 1000/- (Rupees One Thousand Only).

8. RETENTION AND REMOVAL

CHEQUEPOOL.COM may retain such information collected from Users from its Website or Services for as long as necessary, depending on the type of information; purpose, means and modes of usage of such information; and according to the SPI Rules. Computer web server logs may be preserved as long as administratively necessary.


9.APPLICABLE LAW AND DISPUTE SETTLEMENT


9.1You agree that this Agreement and any contractual obligation between CHEQUEPOOL.COM and User will be governed by the laws of India.

9.2Any dispute, claim or controversy arising out of or relating to this Agreement, including the determination of the scope or applicability of this Agreement to arbitrate, or your use of the Website or the Services or information to which it gives access, shall be determined by arbitration in India, before a sole arbitrator appointed by CHEQUEPOOL.COM. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be Uttar Pradesh/Gorakhpur. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the parties to the dispute.

9.3Subject to the above Clause 9.2, the courts at Uttar Pradesh/ Gorakhpur 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.


10.CONTACT INFORMATION GRIEVANCE OFFICER


10.1If a User has any questions concerning CHEQUEPOOL.COM, the Website, this Agreement, the Services, or anything related to any of the foregoing, CHEQUEPOOL.COM customer support can be reached at the following email address: support@CHEQUEPOOL.COM.com or via the contact information available from the following hyperlink: https://www.chequepool.com/contact-us.php or to CHEQUE POOL SERVICES LLP, Contact Address- 0346A, UMA PURI COLONY,GKP, GORAKHPUR ,UTTAR PRADESH-273015,INDIA

10.2In accordance with the Information Technology Act, 2000, and the rules made there under, if you have any grievance with respect to the Website or the service, including any discrepancies and grievances with respect to processing of information, you can contact our Grievance Officer at: complain@chequepool.com+919838105010(Ask to be connected to the Grievance Officer) In the event you suffer as a result of access or usage of our Website by any person in violation of Rule 3 of the IG Rules, please address your grievance to the above person.


11.SEVER ABILITY


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.

12.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 CHEQUEPOOL.COM. Any consent by CHEQUEPOOL.COM to, or a waiver by CHEQUEPOOL.COM 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. YOU HAVE READ THESE TERMS OF USE AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE These Terms and Conditions of Use (the "Terms of Use") apply to the Cheque Pool web site located at www.chequepool.com, and all associated sites linked to www.chequepool.com . BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE. Cheque Pool Services LLP reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Apple grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

BOOK STANDARDS - PRACTITIONERS


Our mission is to help billions of people live healthier and longer lives. In pursuit of this mission, our aim is to offer an exceptional experience to both users (users refer to patients in the document as per CHEQUEPOOL.COM Terms & Conditions) and practitioners. As a valuable partner on our platform we want to ensure that the practitioners experience on the CHEQUEPOOL.COM booking platform is beneficial to both, practitioners and their users. In the interest of providing all users booking appointments on CHEQUEPOOL.COM Website/App with the best experience possible, we request all practitioners to adhere to the following terms:

The practitioner shall ensure that, the user meets the same practitioner with whom the appointment has been confirmed within 2 hrs of the scheduled appointment time. If this is not possible, the appointment should be cancelled or rescheduled to another time.

The practitioner shall communicate about any expected delay/cancellation at least 2 hours prior to the scheduled time of appointment*
Practitioner CHEQUEPOOL.COM Profile and calendar is updated in below cases: Any scheduled closure* of the clinic/hospital, e.g. on festivals; blocking calendar* on personal holidays. Movement of resident/consulting practitioners* Change in practitioner or clinic/hospital timings*

We understand the complexity of the medical profession, and therefore consider following exceptions to these terms: In case of personal or medical emergencies, we understand that doctor substitution, doctor no-show, last minute cancellation/rescheduling is possible. In such instances, solely at our discretion, we make a one-time exception for non-compliance

In case the user is seen by another practitioner followed by the one with whom appointment is booked, we do not consider it as a case of non-compliance In case users wait time exceeds 2 hours, we assign non-compliance on a case-by-case basis In case the practitioner doesn’t practice anymore at the clinic, where an appointment has been booked, the clinic owner/doctor will be penalized for not informing or updating the information *These features are available on CHEQUEPOOL.COM Ray, CHEQUEPOOL.COM Profile and Qikwell by CHEQUEPOOL.COM. Reach out to us for training at support@CHEQUEPOOL.COM or +919838105010
ACTION ON NON-COMPLIANCE OF BOOK STANDARDS
CHEQUEPOOL.COM keeps a track of every case of non-compliance to the above terms. These are reported to CHEQUEPOOL.COM via users as per our CHEQUEPOOL.COM, and are verified by our team with both, the practitioner and the user. Each inbound and verified non-compliance case received by CHEQUEPOOL.COM, will be communicated to the practitioner (clinic/hospital and doctor) in below ways -

Email and SMS at the doctor and practice registered email ID and mobile number. Book Standards dashboard for all practices and doctors on Book facility. Learn how to use Book Standards Dashboard Non-compliance by the practitioner to the Clauses 1 and 2 mentioned above, shall lead to poor patient experience and CHEQUEPOOL.COM may in such instances deactivate the ‘Book’ facility from CHEQUEPOOL.COM profile. However, the patients would still be able to connect with the practitioners or clinic/hospital through the ‘Call’ facility. The deactivation of Book will be based on the number of verified non-compliance cases in the current quarter i.e. 90 days period, as explained below –

Number of verified non-compliance cases in current quarter

Action Minimum “Book” deactivation period 1 Warning email and SMS to practice and doctor 0 2 Doctor’s Book facility may be deactivated 15 days 3 Doctor’s Book facility will be deactivated 25 days

Note:

All numbers in the table above are computed on a practitioner-clinic/hospital combination The number of non-compliance cases are calculated after excluding exceptions mentioned in Clause 2 above Restoring the Book facility In the unfortunate instance of the Book facility being deactivated, reinstatement has to be initiated by the practitioners after the deactivation period is over. Below are the ways practitioners or clinic/hospital owner can restore Book facility - CHEQUEPOOL.COM will send an email and SMS on the last day of deactivation period, with option to activate Book again. This will direct to the Book Standards Dashboard (for all practices and doctors on Book facility), where you will have an option to activate Book.

In case the practitioner is unable to activate with the above options, they can reach out to support@CHEQUEPOOL.COM or call - +919838105010. Our support team will guide you through the activation process. However, CHEQUEPOOL.COM reserves the final right to accept/decline any practitioner’s request to restore “Book”. The terms herein form a part of and are to be read in line with the CHEQUEPOOL.COM Terms and Conditions. All the terms that are capitalized and have not been defined are otherwise defined in the Terms and Conditions.

For any Assitance: 1.write to us at support@chequepool.com
2.Provide your appointment ID
.

Terms and Conditions


1.Applicable only on appointments made using ‘Book Appointment’ button on CHEQUEPOOL.COM. or CHEQUEPOOL.COM App.
3.Appointment ID must match with the registered mobile number of the user.
4.1You are at the clinic and unable to meet the doctor with whom you booked your appointment (subject to exceptions in section 5)

4.2Your appointment has been cancelled within 2 hours of the scheduled appointment time.
4.3Your appointment has been rescheduled to the next day or later, within 2 hours of your original appointment time.
11.CHEQUEPOOL.COM reserves the right to make the final decision in the case of a conflict.
13.CHEQUEPOOL.COM was launched on 7th JULY 2017.