TERMS AND CONDITIONS

TERMS AND CONDITIONS OF USE OF TIKOTRA WEBSITE, TIKOTRA ANDROID APP, TIKOTRA iOS APP AND ALL TIKOTRA SERVICES (COLLECTIVELY REFERRED TO AS THE INTERNET BASED PLATFORM OR SERVICES)

PLEASE READ THESE TERMS OF USE CAREFULLY BY ACCESSING OR USING THIS INTERNET BASED PLATFORM AND THE SERVICES PROVIDED THROUGH THIS INTERNET BASED PLATFORM, YOU AGREE TO BE BOUND BY THE TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS INTERNET BASED PLATFORM OR AVAIL ANY SERVICES PROVIDED THROUGH THIS INTERNET BASED PLATFORM.

1. GENERAL TERMS OF USE

  1. A. The domain name http://www.Tikotra.com, an internet based portal, the Tikotra android app and iOS app, are owned and operated by Deccan Techlogic Private Limited, a company duly incorporated under the provisions of the Companies Act, 1956 with registered office at No. 4, 7th Avenue, Harrington Road, Chetpet, Chennai 600031 (hereinafter referred to as “Tikotra” or “We” or “Our” or “Us” or “Company”). The domain name and the mobile application are collectively referred to as the “Website”.

A. The domain name http://www.Tikotra.com, an internet based portal, the Tikotra android app and iOS app, are owned and operated by Deccan Techlogic Private Limited, a company duly incorporated under the provisions of the Companies Act, 1956 with registered office at No. 4, 7th Avenue, Harrington Road, Chetpet, Chennai 600031 (hereinafter referred to as “Tikotra” or “We” or “Our” or “Us” or “Company”). The domain name and the mobile application are collectively referred to as the “Website”.

B. Your access or use of the Website, transacting on the Website and use of Services (as defined herein below) hosted or managed remotely through the Website, are governed by the following terms and conditions (hereinafter referred to as the Terms of Use”), including the applicable policies which are incorporated herein by way of reference. These Terms of Use constitute a legal and binding contract between you (hereinafter referred to as “You” or “Your” or “Customer” or the “User”) on one part and Tikotra on the other Part.

C. By accessing, browsing or in any way transacting on the Website, or availing any Services, You signify Your agreement to be bound by these Terms of Use. Further, by impliedly or expressly accepting these Terms of Use, you also accept and agree to be bound by Our policies, including the Privacy Policy (as set out in Part B herein below), and such other rules, guidelines, policies, terms and conditions as are relevant under the applicable law(s) in India and other jurisdictions for the purposes of accessing, browsing or transacting on the Website, or availing any of the Services, and such rules, guidelines, policies, terms and conditions shall be deemed to be incorporated into, and considered as part and parcel of these Terms of Use. However, if You navigate away from the Website to a third-party website, You may be subject to alternative terms and conditions of use and privacy policy, as may be specified on such website. In such event, the terms and conditions of use and privacy policy applicable to that website will govern Your use of that website.

D. The Website is a platform that facilitates (i) Medical facilitation services provided Third Party (“Medical Facilitation”); (ii) Nursing services provided by Third-Party independent nursing professionals at your home (“Nursing Professionals”); (iii) online medical consultancy services/ second opinion / family doctor being offered by Third-Party independent doctors (“Medical Experts”); (iv) diagnostic services being offered by various Third-Party diagnostic centres (“Third-Party Labs”);  (v) online purchase of pharmaceutical products sold by various Third-Party Medicine Vendor and manufactures (“Third-Party Medicine Vendor”); (vi) Wellness Services such as yoga, physiotherapy, diet consultation, Zumba etc. provided by Third-Party independent professionals (“Wellness Professionals”); (vii) Electronic health record services provided by professionals or service providers (“EHR Services”); (viii) Health insurance buying advise through IRDA registered intermediaries (Third-Party Broking Services) and (ix) online advertisements, including for insurance services, of various sponsors advertising and marketing their own good and services (“Third-Party Advertising Entities”). The Third-Party Medicine Vendor, Third-Party Labs, Medical Experts, Nursing Professionals, Wellness Professionals, Third-Party Broking Services and the Third-Party Advertising Entities are collectively referred to as the “Third-Party Service Providers”. Further the Website also serves as an information platform providing health and wellness related information to the Users accessing the Website (The services of Third-Party Services Provider, Medical Facilitation, EHR Services and the information services are collectively referred to as the “Services”).

E. The arrangement between the Third-Party Service Providers, You and Tikotra shall be governed in accordance with these Terms of Use. The Services would be made available to such natural persons who have agreed to use the Website after obtaining due registration, in accordance with the procedure as determined by Us, from time to time. To facilitate the relation between You and the Third-Party Service Providers through the Website, Tikotra shall send to You promotional content including but not limited to emailers, notifications and messages and may share your contact data with the Third-Party Service Providers.

F. You agree and acknowledge that the Website is a platform that You and Third-Party Service Providers utilize to meet and interact with another for their transactions. Tikotra is not and cannot be a party to or save as except as may be provided in these Terms of Use, control in any manner, any transaction between You and the Third-Party Service Providers.

G. Tikotra reserves the right to change or modify these Terms of Use or any policy or guideline of the Website including the Privacy Policy, at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting the revisions on the Website and You waive any right You may have to receive specific notice of such changes or modifications. Your continued use of the Website will confirm Your acceptance of such changes or modifications; therefore, You should frequently review these Terms of Use and applicable policies to understand the terms and conditions that apply to Your use of the Website.

H. As a condition to Your use of the Website, You must be 18 (eighteen) years of age or older to use or visit the Website in any manner. By visiting the Website or accepting these Terms of Use, You represent and warrant to Tikotra that You are 18 (eighteen) years of age or older, and that You have the right, authority and capacity to use the Website and agree to and abide by these Terms of Use.

I. These Terms of Use is published in compliance of, and is governed by the provisions of Indian laws.

J. Tikotra authorizes You to view and access the content available on the Website solely for the purposes of availing the Services, such as visiting, using, ordering, receiving, delivering and communicating only as per these Terms of Use. The contents on the Website including information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content, contains Third-Party Service Providers’ content (“Third-Party Content”) as well as in-house content provided by Tikotra including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals (“Tikotra Content”) (collectively, “Content”). The Content is the property of Tikotra, or Third-Parties as applicable and is protected under copyright, trademark and other applicable law(s). You shall not modify the Content or reproduce, display, publicly perform, distribute, or otherwise use the Content in any way for any public or commercial purpose or for personal gain.

K. Compliance with these Terms of Use would entitle You to a personal, non-exclusive, non-transferable, limited privilege to access and transact on the Website.

L. These Terms of Use constitute an electronic record in terms of the IT Act and rules framed there under, as applicable and amended from time to time. This electronic record is generated by a computer system and does not require any physical or digital signatures.

2.     ELIGIBILITY FOR USE OF WEBSITE AND / OR SERVICES

A. For the purposes of availing the Services and/or transacting with the Third-Party Service Providers through the Website, You are required to obtain registration, in accordance with the procedure established by Tikotra in this regard. As part of the registration process, Tikotra may collect the following personal information from You:

  1. Name;
  2. User ID;
  3. Email address;
  4. Address (including country and ZIP/ postal code);
  5. Gender;
  6. Age;
  7. Phone number;
  8. Password chosen by the User;
  9. Other details as You may volunteer.

B. The registration on or use/ access of the Website is only available to natural persons, other than those who are ‘incompetent to contract’ under the Contract Act. That is, persons including minors, un-discharged insolvents etc. are not eligible to register on, or use/ access the Website. By registering, accessing or using the Website, You accept the terms of these Terms of Use and represent and warrant to Tikotra that you are ‘competent to contract’ under the Contract Act and have the right, authority and capacity to use the Website and agree to and abide by these Terms of Use.

C. A registered id can only be utilized by the person whose details have been provided and Tikotra does not permit multiple persons to share a single log in/ registration id. However, a registered user, being either the parent or legal guardian of a person ‘incompetent to contract’ such as minors or persons with unsound mind or being authorised by another natural person, would be permitted to access and use the Website for the purposes of procuring the Services, on behalf of such persons.

D. Organizations, companies, and businesses may not become registered members on the Website, unless authorised to do the same by Us or use the Website through individual members.

E. You agree and acknowledge that You would (i) create only 1 (one) account; (ii) provide accurate, truthful, current and complete information when creating Your account and in all Your dealings through the Website; (iii) maintain and promptly update Your account information; (iv) maintain the security of Your account by not sharing Your password with others and restricting access to Your account and Your computer; (v) promptly notify Tikotra if You discover or otherwise suspect any security breaches relating to the Website; and (vi) take responsibility for all the activities that occur under Your account and accept all risk of unauthorized access.

F. The Website uses temporary cookies to store certain data (that is not sensitive personal data or information) that is used by Tikotra for the technical administration of the Website, research and development, and for User administration. In the course of serving advertisements or optimizing services to You, Tikotra may allow authorized third parties to place or recognize a unique cookie on the Your browser. Tikotra does not store personally identifiable information in the cookies.

G. Editorial Policy for the Website

As part of the Services, Tikotra provides Tikotra Content on the Website targeted at general public for informational purposes only and does not constitute professional medical advice, diagnosis, treatment or recommendations of any kind. Tikotra Content is subject to the following:

3.     TERMS FOR USE OF THE HOME DOCTOR CONSULTANCY SERVICES

Tikotra is an online health platform that provides a variety of online and online-linked health products and services to the Users for health related information and resources. Whenever We use the words “Your physician” or “Your doctor” or “healthcare provider” or similar words on the Website, including in these Terms of Use, We mean Your personal doctor with whom You have an actual, mutually acknowledged, doctor-patient relationship. Tikotra’s Medical Experts are not “Your” physician or healthcare provider.

a. You acknowledge that the Medical Experts empaneled with Us are independent contractors and thereby Tikotra has an independent contractor relationship with such Medical Experts and therefore in no event Tikotra will be directly or vicariously liable for any advice or medical consultancy or any loss arising therefrom that the Medical Experts may provide to You or You may avail as part of the Services.

b. Tikotra is acting in good faith in serving as a facilitator for connecting the patient with best of the healthcare professionals to cater to the customer’s home healthcare needs. Customer shall keep Tikotra indemnified against any claims, damages, undefined risks that may arise as a consequence of any action and/or inaction by the medical professionals.

c. You acknowledge that although some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, “Information”) that is provided to You 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 doctor/medical professional-patient relationship, but is provided to inform You on various medical conditions, medical diagnosis and treatment and it does not constitute a direct medical diagnosis, treatment or prescription. Everything on the Website should be used for information purposes only.

d. Tikotra is designed to support the health decisions and choices that You make. These decisions and choices are Yours, and We believe that You, in connection with the advice You receive from Your doctor or other professional healthcare provider, are the best decision maker about Your health. We cannot make decisions for you. However, what We can do is help You find good health information and connect with doctors for in-person information. On Tikotra You can ask and find informational questions and related educational answers by Medical Experts.

e. We do not recommend or endorse any specific Medical Expert(s), tests, products, procedures, opinions, or other information that may be mentioned on the Website. Reliance on any information provided on the Website is solely at Your own risk. In case of any medical emergency, kindly contact Your nearest doctor/hospital or any related helpline. The Services are not for use in medical emergencies or for critical health situations requiring prompt medical attention. You take full responsibility for ensuring that the information submitted is accurate and Tikotra shall not make any effort to validate any information provided by You for using the Services with respect to content, correctness or usability. We, with an intention to provide the best services possible could ask You to share more information as and when needed.

g. The opinions, statements, answers (collectively “Consultation”) provided by the Medical Experts through the Website are solely the individual and independent opinions and statements of such Medical Experts and do not reflect the opinions of Tikotra, its affiliates or any other organizations or institutions to which such Medical Expert or such specialist or professional is affiliated or provides services. Tikotra does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Website or by a licensee of Tikotra.

h. The inclusion of professionals, specialists and/ or Medical Experts on the Website or in any professional directory on the Website does not imply recommendation or endorsement and is provided on an ‘as-is’ basis and Tikotra disclaims all warranties, either express or implied, including but not limited to the implied warranties of merchantability and fitness for particular purpose.

i. Tikotra (the owners and the employee staff of Tikotra accept no responsibility for any medical, legal or financial events or outcomes related to the Services availed through the use of the Website.

j. Tikotra makes no warranty that the Services will meet Your requirements, or that the Service(s) will be uninterrupted, timely, secure, or error free. This includes loss of data or any service interruption caused by Tikotra employees. Tikotra is not responsible for transmission errors, corruption of data.

k. Tikotra is for personal use and the Services are for individuals to use for supporting their personal health decisions. You may use the Website for personal, but not for commercial, purposes.

l. The Website may not be used for illegal purposes. You may not access our networks, computers, or the Information and Services in any manner that could damage, disable, overburden, or impair them, or interfere with any other person’s use and enjoyment. You may not attempt to gain unauthorized access to any Information or Services, other accounts, computer systems, or networks connected with the Website, the Information, or Services. You may not use any automated means to access the Website, the Information, or Services for any purpose.

m. You may not use another person’s login credentials to access his or her Tikotra profile/ account unless expressly permitted to do so by Tikotra. Any attempt by any individual or entity to solicit login information of any other user or Medical Expert or to access any such account is an express and direct violation of these Terms of Use and of applicable law(s), including relevant privacy and security laws and laws prohibiting unfair or unethical business practices.n. Your right to use the Services is not transferable.

o. Notwithstanding anything to the contrary contained herein, You alone shall be liable for Your dealings and interaction with patients or Medical Experts (as the case may be) contacted or managed through the Website and Tikotra shall have no liability or responsibility in this regard. Tikotra does not guarantee or make any representation with respect to the correctness, completeness or accuracy of the Information or detail provided by such client, patient, User, Medical Experts or any Third-Party through the Website. The Services should not be used for emergency appointment purposes.

p. Tikotra may, at its sole discretion, suspend User’s or Medical Expert’s ability to use or access the Website at any time. Tikotra can edit profiles of Medical Experts to make them more suitable for patient/ Users searches on the Website.

3A. Healthcare Records Maintenance Policy: –

A 1. Definition of medical record: –

  • Medical Record is “any relevant record made by a health care practitioner at the time of, or subsequent to, a consultation and/or examination or the application of health management”. 1Medical records cover an array of documents that are generated as a result of patient care.
  • Only medical practitioners have access to the medical records 
  • Data is stored, encrypted and anonymized
  • Common users are restricted from the medical data access
  • Tikotra assures complete medical record privacy and confidentiality practices of its patients.

4.     DIAGNOSTICS SERVICES PROVIDED BY THIRD-PARTY DIAGNOSTIC LABS AND RADIOLOGY CENTRES

As a condition of Your use of and access to the diagnostic services provided through the Website and Your acceptance of these Terms of Use, You are subject to the following rules/ guidelines:

A. Platform to facilitate transaction of business:

a. Tikotra provides Services through the Website as a marketplace and facilitates the Users to avail diagnostic test/ packages facilities offered by Third-Party Diagnostic Labs and Radiology Clinics through the Website. Tikotra is not and shall not be responsible for any sample collected, tests conducted and reports generated by the Third-Party Diagnostic Labs and Radiology Clinics and does not deal with any of Third-Party Labs’ client or patient managed by Third-Party Diagnostic Labs and Radiology Clinics through the Website and only provides facilitation Services to the Users through the Website. Use of the Website may require the Third-Party Diagnostic Labs and Radiology Clinics to use software and the Third-Party Diagnostic Labs and Radiology Clinics have to ensure the procurement of such software from the concerned providers. User and the Third-Party Diagnostic Labs and Radiology Clinics agree to use the Website and the materials provided therein only for purposes that are permitted by: (a) these Terms of Use; and (b) any applicable law(s), regulation or generally accepted practices or guidelines in the relevant jurisdictions.

b. The Third-Party Diagnostic Labs and Radiology Clinics may not access the Services if the Third-Party Diagnostic Labs and Radiology Clinics are Tikotra’s direct competitor, except with Tikotra’s prior written consent. In addition, the Third-Party Diagnostic Labs and Radiology Clinics may not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.

c. Tikotra will use commercially reasonable efforts to make the Services available from 10AM to 6PM, Monday through Saturday, except for (i) planned downtime or (ii) any unavailability caused by circumstances beyond Tikotra’s reasonable control, including without limitation Force Majeure Events (as defined herein below). Tikotra will provide the Services only in accordance with applicable law(s) and government regulations.

d. Notwithstanding anything to the contrary contained herein, Third-Party Diagnostic Labs and Radiology Clinics alone shall be liable for their dealings and interaction with the Users who avail the Services and Tikotra shall have no liability or responsibility in this regard. Tikotra does not guarantee or make any representation with respect to the correctness, completeness or accuracy of the information or details provided by such User, Third-Party Diagnostic Labs and Radiology Clinics or any diagnostic centre or any Third-Party through the Website. The Services should not be used for emergency appointment purposes.

e. Notwithstanding anything to the contrary contained herein, Third-Party Diagnostic Labs and Radiology Clinics alone shall be liable for dealings and interaction with Users contacted or managed through the Website and Tikotra shall have no liability or responsibility in this regard. Tikotra does not guarantee or make any representation with respect to the correctness, completeness or accuracy of the tests conducted and reports generated by the Third-Party Labs.

f. Tikotra may, at its sole discretion, suspend Third-Party Diagnostic Labs and Radiology Clinics or Users ability to use or access the Website at any time. Tikotra shall have no liability or responsibility in this regard.

5.  RISKS ASSOCIATED WITH SERVICES OF TIKOTRA

a.  As with any medical procedure, there are potential risks associated with using the Services. By using the Services, You agree to abide by these Terms of Use, Privacy Policy and risks described below. These risks include, but may not be limited to:

      i. The Medical Experts not having access to all or some of Your medical history that might be critical to consult You. The Medical Experts may not have the benefit of information that would be obtained by examining You in person, observing Your physical condition and by going through Your medical records. This means that the Services provided is different from the diagnostic and treatment services typically decided by a physician. Therefore, the Medical Experts may not be aware of facts or information that would affect his or her opinion of Your diagnosis. To reduce the risk of this limitation, Tikotra strongly encourages You to be in touch with an on-ground physician and share the Tikotra’s opinion with him/her.

     ii. By requesting a medical opinion through the Website, You acknowledge and agree that:

  1. the advice/information/opinion on diagnosis You may receive could be limited and provisional;
  2. the medical opinion is not intended to replace a face-to-face visit with a physician and it does replace an actual doctor-patient relationship;
  3. in case of a second opinion where there is a difference of opinion among Our Medical Experts and Your physician, You would bear the responsibility to decide on online or offline consultation, or procedure, and/or treatment;
  4. the Medical Expert is reliant on information provided by You and hence any information demonstrated to have been falsified, misleading or incomplete will immediately render the opinion and all details therein null and void;
  5. in some cases, the Medical Expert may determine that the transmitted information is of inadequate quality and may ask for more information, without which he/she may refuse to answer the query;
  6. in rare cases, the Medical Experts may feel that the query may not be answerable without physically examining the patient/ Users and the Consultation may be refused forthwith;
  7. in very rare instances, security protocols could fail, causing a breach of privacy of personal medical information; and
  8. delays in medical evaluation and answers could occur due to deficiencies or failures of the service as per those mentioned in these Terms of Use.

6.     OTHER TERMS

a.     Your Profile, Collection, Use, Storage and Transfer of Personal Information:

i. Your Tikotra profile is created to store record of Your Consultations and Your personal health information online, including history, health conditions, allergies and medications.

ii. Any information provided as part of a web Consultation or obtained from use of the Services by You becomes part of Your Tikotra record. You agree to provide accurate information to help Us serve You best to Our knowledge, to periodically review such information and to update such information as and when necessary. Tikotra reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the Website according to its internal record retention and/or destruction policies. You might be contacted via email to review the information provided by You for Tikotra’s record or for the Services. Please make sure You provide a valid email-id and You update it as and when needed.

iii. The terms “personal information” and “sensitive personal data or information” are defined under the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”).

1. The Privacy Policy sets out:

a. the type of information collected from Users, including sensitive personal data or information;

b. the purpose, means and modes of usage of such information; and

c. how and to whom Tikotra will disclose such information.

2.  The Users are expected to read and understand the Privacy Policy, so as to ensure that he or she has the knowledge of:

d. the fact that the information is being collected;

e. the purpose for which the information is being collected;

f. the intended recipients of the information;

g.       the name and address of the agency that is collecting the information and the agency that will retain the information; and

h. the various rights available to such Users in respect of such information.

iv. Tikotra shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the Users to Tikotra or any other person acting on behalf of Tikotra.

v. The use of the Website involves every Users’ registration information and browsing history being stored and submitted to the appropriate authorities. The consent and procedure for such collection and submission is provided in the Privacy Policy. The other information collected by Tikotra from Users as part of the registration process is described in the Privacy Policy. The consent and revocation procedures in relation to the same are set out in the Privacy Policy.

vi. The Users are responsible for maintaining the confidentiality of the Users’ account access information and password. The Users shall be responsible for all uses of the Users’ account and password, whether or not authorized by the Users. The Users shall immediately notify Tikotra of any actual or suspected unauthorized use of the Users’ account or password.

vii. If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Tikotra has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Tikotra shall have the right to suspend or terminate such account at its sole discretion.

viii. Tikotra may disclose or transfer User Information (as defined in the Privacy Policy) to its affiliates in other countries, and You hereby consent to such transfer. The SPI Rules only permit Tikotra 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 Tikotra as provided for under the SPI Rules, only if such transfer is necessary for the performance of the lawful contract between Tikotra or any person on its behalf and the user or where the User has consented to data transfer.

ix. By accepting these Terms of Use and by registering on the Website,CH App or through call Centre . You consent to be contacted by Us and by the Third-Party Service Providers and You further consent to receive emails and messages (SMS) notifications and information at any time from Us and from Third-Party Service Providers.

b. Payment, Fees and Taxes:

i. Registration on the Website and the access to the information provided on the Website is free. Tikotra does not charge any fee for accessing, browsing and buying through the Website. ii. iii. Each User / Third-Party Service Providers are solely responsible for payment of all taxes, legal compliances, statutory registrations and reporting. Tikotra is in no way responsible for any of the taxes except for its own income tax.

iv.  The subscription fees for the Services, if any charged by Tikotra, could be paid online through the facility made on the Website. Third parties support and services are required to process online fee payment. Tikotra is not responsible for any loss or damage caused to User/ Third-Party Service Providers during this process as these third parties are beyond the control of Tikotra. The fees could also be paid offline and be either collected personally from the User/ Third-Party Service Providers or required to be mailed to Tikotra at the following address: feedback@tikotra.com

v.  All fees are exclusive of applicable taxes.

vi. Tikotra reserves the right to modify the fee structure by providing on the Website which shall be considered as valid and agreed communication.vii.  In order to process the payments, Tikotra might require details of User’s/ Third-Party Service Providers’ bank account, credit card number etc. Please check Our Privacy Policy on how Tikotra uses the confidential information provided by Users.

7. COVENANTS

i. Covenanters for the purposes of these terms of use shall include the users and the third-party service providers

ii. Each Covenanter undertakes that it shall not do any act or post, display, upload, modify, publish, transmit, update or share any information that –

1. belongs to another person and to which the such Covenanter does not have any right;

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. infringes any patent, trademark, copyright or other intellectual proprietary rights of any Third-Party;

4. violates any law for the time being in force;

5. impersonates another person;

6. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;

7. is prohibited under applicable law(s) for the time being in force including Drugs Act read with the Drugs Rules, the Drugs and Magic Act, the Indian Penal Code, 1860, as amended from time to time and rules made there under; and

8. 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. You are also prohibited from:

1. violating or attempting to violate the integrity or security of the Website or any Tikotra 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 Tikotra;

3. intentionally submitting on the Website any incomplete, false or inaccurate information;

4. making any unsolicited communications to other Covenanters;

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 Tikotra Content or other information available from the Website; and

8. framing or hotlinking or deeplinking any Tikotra Content.

e. Tikotra, 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 in this Clause 4, shall be entitled to disable such information that is in contravention of this Clause 4 or any provisions of these Terms of Use. Tikotra shall be entitled to preserve such information and associated records for at least 90 (ninety) days for production to governmental authorities for investigation purposes.f. In case of non-compliance with any applicable law(s), rules or regulations, or these Terms of Use or the Privacy Policy by a Covenanter, Tikotra has the right to immediately terminate the access or usage rights of the Covenanter to the Services and to remove noncompliant information.

8. LIABILITY

  1. Tikotra shall not be responsible or liable in any manner to the Users or any Third-Party Service Providers (collectively referred to as the “Other Parties”) for any losses, damage, injuries or expenses incurred by Other Parties as a result of any disclosures made by Tikotra, where Other Parties have consented to such disclosures.
  2. The Services provided by Tikotra or any of its licensors or providers or Third-Party Service Providers are provided ‘as is’ 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). Tikotra does not provide or make any representations, warranties or guarantees, express or implied about the Website or the Services. Tikotra to the fullest extent permitted by applicable law(s), disclaims all liability arising out of the Other Parties’ use or reliance upon the Website, the Services, the Tikotra Content, Third-Party Content, representations and warranties made by the Other Parties on the Website or any loss arising out of the manner in which the Services have been rendered.
  3. The Website may be linked to the website of third parties and Tikotra has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through the Website. Inclusion of any link on the Website does not imply that Tikotra endorses the linked website. Other Parties may use these links services at their own risk.
  4. Tikotra shall not be responsible for the mishaps/missed services due to no service/no show from the Other Parties; Tikotra shall not be responsible for any error in any of the services being provided by the Third-Party Service Providers.
  5. The listing of Third-Party Service Providers on the Website is based on numerous factors including Users comments and feedbacks. In no event shall the Indemnified Parties (as defined herein below) be liable or responsible for the listing order of Third-Party Service Providers on the Website.
  6. To the maximum extent permitted by applicable law(s), Tikotra, its affiliates, independent contractors, service providers, consultants, licensors, agents, and representatives, and each of their respective directors, officers or employees (“Indemnified Parties ”), shall not be liable for any direct, indirect, special, incidental, punitive, exemplary or consequential damages, or any other damages of any kind, arising from, or directly or indirectly related to, (i) the use of, or the inability to use, the Website or the content, materials and functions related thereto; (ii) User’s provision of information via the Website; even if such Protected Entity has been advised of the possibility of such damages.
  7. In no event shall the Indemnified Parties  be liable for, or in connection with, (i) the provision of, or failure to provide, all or any products or service by a Third-Party Service Provider to any User; or (ii) any comments or feedback given by any of the Users; or (ii) any content posted, transmitted, exchanged or received by or on behalf of any User, Third-Party Service Providers or other person on or through the Website.
  8. All liabilities arising out of any wrong diagnosis of medical condition by the Medical Experts and/ or arising from the e-prescription will be of the concerned Medical Expert. Further, all liabilities arising out of any wrong diagnosis report by the Third-Party Diagnostic Labs and Radiology Clinics and/ or arising from the wrong dispensation of the Pharmaceutical Goods and Services will be of the concerned Third-Party Diagnostic Labs and Radiology Clinics or the Third-Party Medicine Vendor as the case may be.
  9. The Users may share their previous medical history during interaction with the Medical Experts Tikotra reserves the right to retain such information for the purpose of providing Services to the Users.
  10. With respect to the Consultation Services, after selection of the type of treatment viz. along with the specification of the disease by the patient, Tikotra will decide the Medical Expert to whom the query should be directed based on the information shared by the User. However, in no event the Indemnified Parties shall be held liable for the losses attributable to such decision making and in no event shall the Indemnified Parties be liable for any Consultation provided and/or e-prescription issued by the Medical Expert by using the interface of online medical consultancy.
  11. The Users acknowledge that the Indemnified Parties merely act in the capacity of facilitators between the Other Parties by providing a platform for them to interact and transact. In no event shall the Indemnified Parties be held liable for any of the losses attributable to Services offered through the Website.
  12. In no event shall the total aggregate liability of the Indemnified Parties to any Other Parties for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to negligence, strict liability, product liability or otherwise) arising from these Terms of Use or any Other Parties’ use of the Website exceed an aggregate amount of INR 1000/- (Indian Rupees One Thousand only). Tikotra accepts no liability for any errors or omissions on behalf of the Other Parties.
  13. In no event shall the Indemnified Parties be liable for failure on the part of the Users or Third-Party Service Providers to provide agreed services or to make himself/herself available at the appointed time, cancellation or rescheduling of appointments. In no event shall the Indemnified Parties be liable for any comments or feedback given by any of the Users in relation to the services provided by a Third-Party Service Providers.

9. INDEMNITY

  1. You agree to defend, indemnify and hold harmless Tikotra, the Indemnified Parties , independent contractors, service providers, consultants, licensors, agents, and representatives, and each of their respective directors, officers and employees, from and against any and all claims, losses, liability, damages, and/or costs (including, but not limited to, reasonable attorney fees and costs) arising from or related to (a) Covenanters access to or use of Website; (b) Covenanters violation of these Terms of Use or any applicable law(s); (c) Covenanters violation of any rights of another person/ entity, including infringement of their intellectual property rights; or (d) Covenanters conduct in connection with the Website.

10. MODIFICATION OF WEBSITE

  1. Tikotra reserves the right to modify or discontinue, temporarily or permanently, the Website or any features or portions thereof without prior notice. Other Parties agree that Tikotra will not be liable for any modification, suspension or discontinuance of the Website or any other part thereof.

11. INTELLECTUAL PROPERTY RIGHTS

  1. All the intellectual property used on the Website except those which have been identified as the intellectual properties of the Other Parties shall remain the exclusive property of the Company. The content on the Website or otherwise may not be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted or transmitted in any form or by any means.

12. COMPLIANCE OF APPLICABLE LAW

  1. While communicating/ transacting with each other through the Website, the Other Parties shall at all times ensure full compliance with the provisions of the applicable laws.
  2. The Users must also ensure that the prescription uploaded on the Website or emailed to Tikotra for processing the order for Prescription Drugs is a valid prescription duly obtained from a registered medical practitioner. The Users acknowledge and accept that they shall bear all costs/ liability/ damages, caused to the Third-Party Service Providers or to Tikotra, as a result of any dispensation of Prescription Drugs by the Third-Party Service Providers owing to the non-compliance by the User in this regard.

13. TERMINATION

  1. Parties for the Purpose of these Terms of Use shall collectively mean the Other Parties and Tikotra
  2. The provisions of these Terms of Use shall continue to apply until terminated by either of the Party as set for below:
  3. In case of Other Parties wanting to terminate these Terms of Use, Other Parties may do so by closing their Tikotra accounts for all of the Services that they use.
  4. Tikotra reserves the right to, either partly or fully, at any time, and with or without notice, terminate these Terms of Use against each of the Users or the Third-Party Service Providers or the Other Parties as a whole, if there is:

i. Breach or intended breach any of applicable law(s), or the provisions of these Terms of Use or the terms of the Privacy Policy or any other terms, conditions, or policies that may be applicable to the Other Parties from time to time); or

ii. Tikotra is unable to verify or authenticate any information provided to Tikotra by Other Party(s); or

iii. Tikotra believes, in its sole discretion, that Other Party(s) actions may cause legal liability for Tikotra (or any of its affiliates, independent contractors, service providers, consultants, licensors, agents, and representatives); or

iv. Requirement to do so by law; or

v. If Other Party(s) fail to provide (or revoke) the consents necessary or desirable for Tikotra to provide the Services; or

vi. Provision of the Services is in Tikotra’s opinion, no longer commercially viable; or

vii. Tikotra decides to discontinue, in part or in full, with or without reason, access to the Website or the Services.

  1. Tikotra may also terminate or suspend (temporarily or permanently) all or a portion of Other Party(s) account or access to the Services, with or without reason. Such termination or suspension of Other Party(s) account may include: (i) removal of access to all offerings within the Website or Services; and (ii) barring from further use or access of the Website or Services.
  2. Once terminated or suspended (temporarily or permanently), Other Party(s) may not use the Website under the same account, a different account or re-register under a new account.
  3. Upon any termination of these Terms of Use, Tikotra may, unless prohibited by law, delete all of Other Party(s) data in its systems or otherwise in its possession or under its control, including but not limited to Other Party(s) personal information, log-in ID and password, order details (including any prescriptions uploaded) and all related information.
  4. The right to terminate/ suspend is in addition to, and without prejudice to, Tikotra’s right to initiate appropriate legal action against the Other Party(s), in accordance with applicable law.

14. FORCE MAJEURE

i. Neither Party shall be liable for any loss or damage caused as a result of delay or default or deficiency or failure in the Services as a result of any natural disasters, fire, riots, civil disturbances, actions or decrees of governmental bodies, communication line failures (which are not caused due to the fault of a Party), or any other delay or default or deficiency or failure which arises from causes beyond a Party’s reasonable control (“Force Majeure Event”). In the event of any Force Majeure Event arising, a Party, depending on whose performance has been impacted under the Terms of Use, shall immediately give notice to the Other Party(s) of the facts which constitute the Force Majeure Event.

15. GOVERNING LAW AND DISPUTE RESOLUTION

i. These Terms of Use and any contractual obligation between the Parties will be governed by the laws of India, without reference to the conflict of laws principles. Any legal action or proceeding related to Other Party(s) access to, or use of, the Website or these Terms of Use shall be subject to the exclusive jurisdiction of the courts at Chennai. All disputes will be subject to arbitration at Chennai in English by a sole arbitrator appointed by Tikotra under the Arbitration and Conciliation Act, 1996.

16. SURVIVAL

i. Even after termination, obligations of a continuous nature, such as, but not limited to, mentioned under Covenants, Liability, Indemnity, Intellectual Property, Dispute Resolution will continue and survive termination.

17. SEVERABILITY

i. If any provision of these Terms of Use is deemed invalid, unlawful, void or for any other reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any of the remaining provisions.

18. WAIVER

i. No provision of these Terms of Use shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by Tikotra. Any consent by Tikotra to, or a waiver by Tikotra of any breach by Other Parties, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

19. HEADINGS

i. The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of these Terms of Use.

20. CONTACT INFORMATION

i. If any Other Party(s) has any grievance, comment, question or suggestion regarding any of our Services, please contact our customer service at feedback@tikotra.com. If any Other Party(s) has any questions concerning Tikotra, the Website, these Terms of Use, or anything related to any of the foregoing, Tikotra can be reached at the following email address feedback@tikotra.com.

21. LISTING OF THIRD-PARTY SERVICE PROVIDERS

1. Tikotra’s algorithm for listing of Third-Party Service Providers is a fully automated system that lists the Third-Party Service Providers, their profile and information regarding their Practice on its Website. These listings of Third-Party Service Providers do not represent any fixed objective ranking or endorsement by Tikotra. Tikotra will not be liable for any change in the relevance of the Third- Party Service Providers on search results, which may take place from time to time. The listing of Third-Party Service Providers 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 algorithm. Tikotra in no event will be held responsible for the accuracy and the relevancy of the listing order of the Third-Party Service Providers on the Website

2.  Tikotra collects, directly or indirectly, and displays on the Website, relevant information regarding he Third-Party Service Providers listed on the Website, such as their professional degree, specialization, qualification, fees, location, visiting hours, and other details. Tikotra takes reasonable efforts to ensure that such information is updated at frequent intervals. Although Tikotra screens and vets the information submitted by the Third-Party Service Providers, it is not liable for any inaccuracies or incompleteness represented from it, despite such reasonable efforts.

3. The Services provided by Tikotra 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). Tikotra does not provide or make any representation, warranty or guarantee, express or implied about the Website or the Services. Tikotra 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, Tikotra 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 Tikotra or any User in relation to any User or services provided by such User.

4. The Website may be linked to the website of third parties, affiliates and business partners. Tikotra 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 Tikotra endorses the linked site. User may use the links and these services at User’s own risk.

5. Tikotra 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.

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

7. The User shall be bound by the jurisdiction as contained in these Terms and Conditions hereunder, at all times, irrespective of the location they may be consulting with Practitioners online.

8. The User shall indemnify and hold harmless Tikotra 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.

9. If User decides to use the payment gateway to make payments online, it is solely at User’s discretion. Should there be any issues with regard to the payment not reaching the respective Practitioner’s account, please reach out to feedback@tikotra.com

22. INFORMATION ON MEDICINES, MEDICINAL/HEALTHCARE PRODUCTS AND OTHER PRODUCTS / SERVICES

The Website also provides an information source on medicines, medicinal products and other products services and concentrates on providing understanding including but not limited to the elements used in such medicines and/or medicinal products, usage of such products / services, indications thereof, alternatives thereto, the side effects that may be caused or arise owing to its use, symptoms and associated medicines/medicinal products generally administered in such cases.

This feature is specifically governed by the following terms and conditions

1. For Users:

  1. Any information provided under this feature is not intended to serve as a substitute for clinical advice and should not be relied upon while making treatment related decisions. 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 and neither Tikotra nor the content owner is responsible for the applicability of the content outside India. Tikotra provides information here on an ‘as is’, basis and not with an intention to replace consultation with a qualified medical practitioner.
  2. Tikotra has used commercially reasonable efforts to source the information from reliable sources, however, the information contained in this feature is brought from, amongst others, open source platforms and third-party sites / reports. Tikotra shall not be responsible or in any manner be liable for the accuracy of the information or for any errors, omissions or inaccuracies contained in such information irrespective of the reason or cause of such occurrence, or for any consequences arising from it Tikotra advocates or rejects the use of a particular medicine and/or medicinal product listed herein.
  3. 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 herein.

2. For Practitioners:

  1. Practitioners agree and acknowledge that Tikotra does not make any representation or warranty and does not guarantee the accuracy and/or legitimacy of any information or content provided vide the feature mentioned herein.
  2. The feature herein acts as an information source only and not as a database of medical prescription, and thus, does not warrant or confirm the validity, accuracy, completeness, safety, usefulness, reliability, legality, quality and/ or the applicability thereof. The Practitioners understand that any information provided under this feature is therefore not intended to serve as a substitute for clinical judgement and agrees to use his/her discretion while relying upon the same for treatment related advice, decisions or otherwise.
  3. Tikotra does not represent or warrant that the information provided herein will meet with the requirements or expectations of the Practitioner and that any content, material or results that may be obtained from use of information provided under the said feature will be accurate, timely, complete, reliable, genuine and that any errors with regard to the same will be correct at all times.

3. Disclaimer:

  1. The content/information provided herein, regarding medicine and/or medicinal products including but not limited to dietary supplements etc., have not been evaluated or approved by the Drug Controller of India or any other statutory body.
  2. THE INFORMATION PROVIDED UNDER THIS FEATURE IS BROUGHT TO THE VIEWERS ON AN, “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TIKOTRA EXPRESSLY DISCLAIMS ALL WARRANTEES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY, ACCURACY OR COMPLETENESS OF THE INFORMATION PROVIDED HEREIN. TIKOTRA ALSO EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY TO ANY PERSON WHOSOEVER IN RESPECT OF ANY LOSS, DAMAGE, DEATH, PERSONAL INJURY OR OTHER CONSEQUENCES WHATSOEVER, HOWSOEVER CAUSED OR ARISING HEREUNDER, BY THEIR USE OF OR RELIANCE UPON, IN ANY WAY, TO THE INFORMATION CONTAINED HEREIN.

4. Limitation of Liability.

In no event, shall Tikotra be liable to you for any lost or corrupted data, downtime, lost profits, business interruption, replacement service or other special, incidental, consequential, punitive or indirect damages, however caused and regardless of theory of liability, including without limitation negligence and in no event shall the total aggregate liability of Tikotra, for all claims arising out of or under these terms and conditions, exceed INR 1000 (Indian Rupees One Thousand only).

5. Change or modification:

Any reference to any medicines and/or medicinal products thereof, is subject to change/modification depending upon the applicable laws/technical/medical updates. These, changes or improvements to such medicines and/or medicinal products may be made at any time without notice.

6. Hold harmless:

  1. The use of the feature herein and the content is at the viewer’s sole risk and consequence. Tikotra shall not be responsible for the results of viewer’s decisions resulting from the use of this feature.
  2. The viewers/Users/Practitioners hereby release and agree to hold harmless Tikotra, its affiliates/group companies, its directors, officers, employees, agents, successors, advisors, consultants, representatives, and assigns from any and all claims, losses, related suits, actions, proceedings, investigations, judgments, deficiencies, damages, settlements, liabilities, reasonable legal fees and expenses incurred, by the viewers/Users/Practitioners arising due to the negligence or misconduct of viewers/Users/Practitioners or due to the access of or decisions taken on the information provided herein.

7. Third-Party Links:

Tikotra may provide links to Third-Party websites or external websites/internal servers or resources including advertisements by others. Tikotra has no control over such sites and the information provided in them. Tikotra does not recommend and does not endorse the content on /of any Third- Party websites including that of advertisers. Tikotra is not responsible or liable for the content of these external sites nor does it endorse, warrant or guarantee the accuracy, genuineness, reliability offered or advertised on the products, services or information provided by such Third-Party websites

8. Payment:

The prices mentioned with respect to the medicines/drugs are for indicative purposes.

23. CANCELLATION & REFUND POLICY ( for Services)

ScenarioCancellation PolicyRefund Policy
Customer cancels during the  cancellation periodPrior to service delivery, customer may request for cancellation by calling our Call Centre or through the online customer portal. No cancellation charges will apply.If payment has been collected prior to service delivery,100% refund will be made to the respective payment instrument used by the customer.
————————-
If payment is yet to be collected, there is no refund.
Tikotra initiates cancellation / rescheduling prior to service delivery.
Note: Tikotra will make all possible arrangements to deliver services at the scheduled time. In case we are unable to do so, we will request for a mutually agreeable time.
 



If the customer disagrees on the rescheduling then request for cancellation is confirmed.
If payment has been collected, 100% refund will be made to the respective payment instrument used by the customer.
——————-
If payment is yet to be collected, there is no refund.
Customer cancels after the cancellation period has lapsed.At the customer’s request, Tikotra will cancel the order and stop the service delivery.If payment has been collected, refund will not be made to the  the customer
——————-
If payment is yet to be collected, there is no refund, but the invoice continues to remain payable
Customer is dissatisfied with the serviceNot applicableBased on the genuinity and severity of the customer complaint and at the discretion of Tikotra, the refund may/may not be processed.
Incorrect billingNot applicableIf the bill is raised for a higher amount, then the excess amount will be made to the respective payment instrument used by the customer. If the bill is raised for a lesser amount, the customer will be requested to make the required payment.
“Cancellation period” means the period, beginning when the appointment is booked for the patient and ends 3 hours before the designated/scheduled appointment. In case of uncertain reasons, the patient would like to cancel the appointment, he can cancel it by calling at our toll free customer care no., not less than 3 hours prior to the schedule appointment timing.

Refund Process:

1. For Refund intimation, please visit us at www.Tikotra.com or alternatively contact our customer care at out toll free no. 1800-313-1883.

2. Tikotra’s customer care team will verify the claim made by the customer within 72 (seventy-two) business hours from the time of receipt of complaint/cancellation/rescheduling request

3. Once the claim is verified as genuine and reasonable, Tikotra will initiate the refund process from the payment gateway. 

4. Tikotra shall initiate the refund only once if the request has been initiated by the cutomer in the designated time frame, along with a valid reason.

5.  Customer must retain the invoice till completion of refund process.

  • In all the above cases, if the claim is found to be valid, Refund will be made as per the terms of payment gateway used at the time of booking the service.
  • While we regret any inconvenience caused by this time frame, it is the payment gateway’s policy that determines the refund timing which Tikotra has no control over.