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Terms and Conditions
- Indian Contract Act, 1872
- Information Technology Act, 2000.
- Agreement between Patient and bubblenet®
- You agree that by clicking “Agree to Terms”, or similar, accepting, accessing or using our bubblenet®, you are agreeing to enter into a legally binding contract with bubblenet® and Healthcare professional (even if you are using our bubblenet® on behalf of a company).
- bubblenet® may amend the Terms from time to time. Amendments will be effective upon bubblenet® posting of such updated Terms at this location or in the amended policies or supplemental terms on the applicable Service(s). Your continued access or use of the bubblenet® after such posting confirms your consent to be bound by the Terms, as amended.
- We offer services enabling you to pay for digitally signed e Prescriptions and medical advices from your Healthcare Professional for a charge quoted by the Healthcare Professional. Healthcare Professional may, in his/her sole discretion, permit you from time to time to submit, upload medical data such as textual, visual images, digital medical reports ("Patient Data") to bubblenet® for his/her review through the use of our bubble technology. You agree to not provide Patient Data that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by bubblenet® in its sole discretion, whether or not such material may be protected by law.
- You also agree to use this Service for a condition which does not require emergency treatment, physical examination or medical attention. Your intent to consult a specific Healthcare Professional does not imply endorsement by bubblenet® of the Healthcare Professional or any association with its operators.
- When using the Services, all contact information and Patient Data is provided on asis basis by bubblenet® at the sole intent, risk and responsibility of the Healthcare Professional. bubblenet® does not validate the said information and makes no representation in connection therewith. In case of any discrepancies, you should contact your Healthcare Professional to modify your health record in any manner you see most appropriate. It is your responsibility to keep your Healthcare Professional updated on information such as your email ID, mobile number updated while conversing with him or her.
- All digitally signed ePrescriptions, notifications will be sent to the contact information associated with your Patient Data on file with your Healthcare Professional using bubblenet®.
- bubblenet® is not responsible for any loss or inconvenience caused due to your failure in updating the contact details with Healthcare Professional or Healthcare Professional not updating the contact details in bubblenet®.
- bubblenet® may additionally send communications like sms text messages, emails to your mobile number which is provided to bubblenet® by your Healthcare Professional. Such communications are initiated by your Healthcare Professional and bubblenet® system could trigger notifications to you as appropriate. We employ reasonable physical, electronic and managerial security methods to help protect against unauthorized access to Personal Data and Information, such as encryption at rest (encrypts all data before it is written to disk using 256bit Advanced Encryption Standard), digitally signed objects for information exchange, transport level security such as https. But it is explicitly stated by us that no data transmission over the Internet or data storage facility can be guaranteed to be perfectly secure. As a result, while we try to protect your Patient Data, we cannot ensure or guarantee the security of any information you transmit to us. That said, security is built into every layer of our operation and technology stack and is an area where we will continue to invest heavily. Respect for the privacy and security of data you store with bubblenet® remains our top priority.
- You understand that use of the Services may result in charges to you for the services you receive ("Charges"). As a part of the Service, the Healthcare Professional might send you an e Prescription or share medical advice and that is charged by the Healthcare Professional. Digitally signed prescription will be delivered to you via email and/or SMS by bubblenet® subsequent to your successful payment for the Charges. bubblenet® will receive and/or enable your payment of the applicable Charges for services using a third party payment gateway. Charges will be inclusive of applicable taxes where required by law. Presently, an amount of Rs. 15 will be fixed for the amount (prescription amount fixed by the doctor) below Rs. 100. For any amount above Rs. 100, the convenience fees will be fixed at 15% on the prescription amount fixed by the healthcare professional. The amount so charged is non refundable. By providing bubblenet® with your credit/debit card number or net banking details and associated payment information, you agree that bubblenet® is authorized to immediately invoice your account for all Charges due and payable to bubblenet® hereunder and that no additional notice or consent is required.
- You shall NOT elect to cancel your request for Services post payment of such Services. Charges paid by you are final and non-refundable, unless otherwise determined by bubblenet®.
- In no event and under no circumstances shall bubblenet® be held liable to Patient for any liabilities or damages resulting from or arising out of your use of the bubblenet®, or Healthcare Professional’s use of the Account Information or your release of the Account Information to a third party.
- bubblenet® has the right to refuse the service to any Patient. bubblenet® has the right to investigate and bring claims for violations of any of the above to the fullest extent of the law.
- The razorPay payment gateway option is being provided to the patients to enable digital payments to healthcare professionals. In case of failure of payment, bubblenet® will not be responsible for loss of funds due to you, if any. In case of there being any technical issues or failure, at the time of transaction and there is a problem in receiving payments, you coud contact email@example.com.
- Once you accept these terms and conditions, it is explicit that you have accepted the risks associated with the same and agree that you shall not sue or cause to sue bubblenet® in case any of the following situations arises as a result of the act done by you:
- bubblenet® is not a substitute for treatment that otherwise needs physical examination/immediate consultation.The Healthcare Professionals using bubblenet® may provide healthcare services using mobile phone technologies where you and the Healthcare Professional are not in the same physical location. Patient agrees that by using bubblenet® Services, the Healthcare Professional will not be conducting physical examination of the Patient since you are not in the same physical location. You acknowledge and agree that you are aware of this limitation and agree to assume the complete risk of this limitation. You should seek emergency help or follow up care when recommended by a Healthcare Professional or when otherwise needed, and continue to consult with your other healthcare providers as recommended. In your condition is of Life or limb threatening conditions, you must CALL YOUR LOCAL EMERGENCY NUMBER (for example, you are having a heart attack or severe allergic reaction);
- Although we incorporate strong security protocols to protect the confidentiality of your health information, in rare instances security protocols can fail, causing a breach of confidentiality.
- bubblenet® is a registered trademarks with the Trademarks Registry, Ministry of Commerce and Industry, Government of India and with multiple trademark offices around the world.
- Geographical Restrictions.
- bubblenet® makes no representation that all products, services and/or material described on the bubblenet®, or the Services available through the Bubblenet®, are appropriate or available for use in locations outside of India.
- Electronic Communications.
- Visiting bubblenet® for doctors or sending emails to bubblenet® constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the bubblenet®, satisfy any legal requirement that such communications be in writing.
- Children Under Eighteen
- Links to Third Party Sites/Third Party Services.
- bubblenet® for doctors may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of bubblenet® and bubblenet® is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. bubblenet® is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by bubblenet® of the site or any association with its operators.
- bubblenet® is not a payment gateway or merchant account provider and we do not assume any direct or indirect liability or responsibility for your agreements with payment gateways supported on our platform. If Patient decides to use the payment gateway to make payments online, it is solely at Patient’s discretion. Should there be any issues with regard to the payment not reaching the respective Healthcare Professional account, please reach out to firstname.lastname@example.org. You agree that the payment information that you provide to us at all times, including during payment and in any information you upload to the bubblenet®, will be true, accurate, current, and complete. bubblenet® does not store your payment information, they are processed by a third party payment gateway. bubblenet® helps you process charges against one or more of the payment gateways that are integrated to the bubblenet® platform and/or third party payment method receivers that we support. You agree that we are not responsible for the performance of these services.
- Certain services made available via bubblenet® for doctors are delivered by third party sites and organizations. By using any product, service or functionality originating from the bubblenet® for doctors domain, you hereby acknowledge and consent that bubblenet® may share such information and data with any third party with whom bubblenet® has a contractual relationship to provide the requested product, service or functionality on behalf of bubblenet® for doctors and users.
- Regulation of Unlawful or Prohibited Use of Intellectual Property.
- you shall not use the bubblenet® for any purpose that is unlawful or prohibited by these Terms.
- you shall not use the bubblenet® in any manner which could damage, disable, overburden, or impair the bubblenet® or interfere with any other party's use and enjoyment of the Site.
- you shall not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the bubblenet®.
- All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the bubblenet®, is the property of bubblenet® or its suppliers and is protected by copyright and other laws that protect intellectual property and proprietary rights. You hereby consent to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and shall not make any changes thereto.
- You shall not modify, publish, transmit, reverse engineer, decompile, disassemble, translate, decipher, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, trade secrets, in whole or in part, found on the bubblenet®. bubblenet® content is not for resale. You will not rent, lease, loan, trade, sell/resell or otherwise monetize the bubblenet® or related data or access to the same, without bubblenet® consent. Your use of the bubblenet® does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content.
- You shall make no other use of the content without the express written permission of bubblenet® and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of bubblenet® or our licensors except as expressly authorized by these Terms.
- You shall not create an account with false information or impersonate any other person or business. You shall not monitor the bubblenet®’ availability, performance or functionality for any competitive purpose. You shall not engage in simulating the appearance or function of the bubblenet®.
- You shall not interfere with the operation of, or place an unreasonable load or anything that exceeds reasonable request volume on, the bubblenet® (e.g., denial of service attack, spam, gaming algorithms, viruses).
- You shall not use manual or automated methods or scripts or bots or other means to access the bubblenet®, add or download Patient Data, Healthcare Professionals Data, Account information, send or redirect messages.
- You shall not post anything that contains software viruses, worms, or any other harmful code.
- You shall not disclose information that you do not have the consent to disclose such as confidential information of others.
- You shall not develop or use software or any other means or processes to scrape bubblenet® or otherwise copy profiles and other confidential data from the bubblenet®.
- International Users
- The Service is controlled, operated and administered by bubblenet® from our offices within India. If you access the Service from a location outside the India, you are responsible for compliance with all local laws. You agree that you will not use the bubblenet® Content accessed through bubblenet® for doctors in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
- You agree to indemnify, defend and hold harmless bubblenet®, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the bubblenet® or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. bubblenet® reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with bubblenet® in asserting any available defenses.
- In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be determined by arbitration in India, before a sole arbitrator appointed by bubblenet®. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be Thrissur, Kerala India. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award of the arbitrator shall be final and binding on the parties to the dispute. This arbitration provision shall survive the termination of these Terms and Conditions.
- Class Action Waiver
- Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and bubblenet® agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
- Liability Disclaimer
- THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE BUBBLENET® MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. BUBBLENET® PRIVATE LIMITED AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
- BUBBLENET® PRIVATE LIMITED AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE BUBBLENET® FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. BUBBLENET® PRIVATE LIMITED AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON INFRINGEMENT.
- IT SHALL BE THE RESPONSIBILITY OF THE PATIENT TO ENSURE THAT THE INFORMATION PROVIDED BY YOU IS ACCURATE AND NOT INCOMPLETE AND UNDERSTAND THAT BUBBLENET® SHALL NOT BE LIABLE FOR ANY ERRORS IN THE INFORMATION INCLUDED IN ANY COMMUNICATION BETWEEN YOU, HEALTHCARE PROFESSIONAL, AND BUBBLENET®.
- BUBBLENET® IS NOT A DISCOVERY SERVICE FOR PATIENTS TO LOOK UP HEALTHCARE PROFESSIONALS IN THEIR AREA, NOR IS IT A DISCOVERY SERVICE FOR HEALTHCARE PROFESSIONALS TO LOOK UP PATIENTS IN THEIR AREA. THEREFORE, BUBBLENET® DOES NOT INITIATE ANY KIND OF HEALTHCARE PROFESSIONALS TO PATIENT COMMUNICATION OR VICE VERSA. NOTWITHSTANDING ANYTHING CONTAINED HEREIN, BUBBLENET® IN NO MANNER ENDORSES ANY HEALTHCARE PROFESSIONAL(S) THAT PATIENTS CONSULT AND IS NOT IN ANY MANNER RESPONSIBLE FOR ANY MEDICINES PRESCRIBED OR THE THERAPY OR ADVICE PRESCRIBED BY THE HEALTHCARE PROFESSIONAL.
- BUBBLENET® IS NOT A HOSPITAL. ALL HEALTH CARE PROFESSIONALS WHO DELIVER “SERVICES” THROUGH BUBBLENET® ARE INDEPENDENT SELF REPRESENTED DOCTORS. ALL HEALTHCARE PROFESSIONALS ON THE BUBBLENET® HOLD PROFESSIONAL LICENSES ISSUED BY THE PROFESSIONAL LICENSING BOARDS IN THE STATES WHERE THEY PRACTICE. BUBBLENET® DOES NOT PRACTICE MEDICINE OR ANY OTHER LICENSED PROFESSION, AND DOES NOT INTERFERE WITH THE PRACTICE OF MEDICINE OR ANY OTHER LICENSED PROFESSION BY HEALTHCARE PROFESSIONALS, EACH OF WHOM IS RESPONSIBLE FOR HIS OR HER SERVICES AND COMPLIANCE WITH THE REQUIREMENTS APPLICABLE TO HIS OR HER PROFESSION AND LICENSE. ALL HEALTHCARE PROFESSIONALS USING BUBBLENET® ARE HEALTHCARE PROFESSIONALS REGISTERED WITH US.
- BUBBLENET® FACILITATES 1:1 PAYMENT TRANSACTIONS BETWEEN HEALTHCARE PROFESSIONAL AND THEIR PATIENTS FOR PRESCRIPTIONS, COMMUNICATION SOFTWARE TO AID WITH PROFESSIONAL MEDICAL ADVICES, HELPS THE DOCTORS PROFESSIONALLY MANAGE THEIR PATIENTS, AND HELP GATHER MEDICAL DATA FROM PATIENTS TO AID WITH DIAGNOSIS AND ASSIST WITH CARE COORDINATION. WE PROVIDE CERTAIN COMMUNICATIONS TO HEALTHCARE PROFESSIONALS AND PATIENTS AS PART OF THE CONSULTATIONS SUCH AS NOTIFICATIONS, PAYMENT UPDATES, ADMINISTRATIVE MESSAGES, AND REMINDERS, PAYMENT LINKS. THESE COMMUNICATIONS ARE CONSIDERED PART OF THE SERVICES AND HEALTHCARE PROFESSIONALS ACCOUNT. WHILE SECURE ELECTRONIC MESSAGING IS ALWAYS PREFERRED TO INSECURE EMAIL OR SMS, UNDER CERTAIN CIRCUMSTANCES, INSECURE SMS OR EMAIL COMMUNICATION CONTAINING PERSONAL HEALTH INFORMATION MAY TAKE PLACE BETWEEN THE PATIENT AND DOCTOR FOR WHICH BUBBLENET® IS NOT RESPONSIBLE IN ANY MANNER TO INFLICT ANY KIND OF LIABILITY UPON US. BUBBLENET® CANNOT ENSURE COMPLETE THE SECURITY OR CONFIDENTIALITY OF MESSAGES SENT BY EMAIL OR SMS OR BUBBLENET® BUBBLE TECHNOLOGY. THAT SAID, WE HAVE TAKEN SIGNIFICANT STEPS IN SECURING THE PROTOCOL USED AS TRANSPORT FOR COMMUNICATION, AND ENCRYPTION TO SAFEGUARD TRANSFER , TRANSMISSION(DIGITALLY SIGNED OBJECTS DURING INFORMATION EXCHANGE), AND STORAGE OF DATA (ENCRYPTS ALL DATA BEFORE IT IS WRITTEN TO DISK USING 256BIT ADVANCED ENCRYPTION STANDARD). WE EMPLOY REASONABLE PHYSICAL, ELECTRONIC AND MANAGERIAL SECURITY METHODS TO HELP PROTECT AGAINST UNAUTHORIZED ACCESS TO PERSONAL INFORMATION. BUT IT IS EXPLICITLY STATED BY US THAT NO DATA TRANSMISSION OVER THE INTERNET OR DATA STORAGE FACILITY CAN BE GUARANTEED TO BE PERFECTLY SECURE. AS A RESULT, WHILE WE TRY TO PROTECT YOUR PATIENT DATA, WE CANNOT ENSURE OR GUARANTEE THE SECURITY OF ANY INFORMATION YOU TRANSMIT TO US. WE CONTINUE TO INVEST IN THIS AREA HEAVILY TO ACHIEVE HIGHEST COMPLIANCE ACROSS THE WORLD.
- THE PATIENT UNDERSTANDS THAT BUBBLENET® MAKES NO PROMISE OR GUARANTEE FOR ANY UNINTERRUPTED COMMUNICATION AND THE PATIENT SHALL NOT HOLD BUBBLENET® LIABLE, IF FOR ANY REASON THE COMMUNICATION IS NOT DELIVERED TO THE HEALTHCARE PROFESSIONAL(S), OR ARE DELIVERED LATE OR NOT ACCESSED, DESPITE THE EFFORTS UNDERTAKEN BY BUBBLENET®.
- PHONE CONSULTS ARE INTENDED FOR GENERAL PURPOSES ONLY AND IS NOT MEANT TO BE USED IN EMERGENCIES/SERIOUS ILLNESSES REQUIRING PHYSICAL CONSULTATION. IF THE HEALTHCARE PROFESSIONAL ADJUDGES THAT A PHYSICAL EXAMINATION OR A FACE TO FACE CONSULTATION OR A HOSPITAL ADMISSION IS REQUIRED, IT IS YOUR SOLE RESPONSIBILITY TO IMMEDIATELY ACT AND VISIT YOUR NEARBY HOSPITAL OR BOOK AN APPOINTMENT FOR PHYSICAL EXAMINATION AND AND IN PERSON CONSULTATION. IN CASE OF ANY NEGLIGENCE ON THE PART OF THE USER IN ACTING ON THE SAME AND THE CONDITION OF THE PATIENT DETERIORATES, BUBBLENET® SHALL NOT BE HELD LIABLE.
- THE LIABILITY OF BUBBLENET® EXTENDS ONLY TO NON RECEIPT OF PRESCRIPTION FROM THE HEALTHCARE PROFESSIONAL EVEN AFTER COMPLETING THE SUCCESSFUL PAYMENT FOR THE SERVICE AVAILED. IN SUCH CASES, THE USER IS REQUESTED TO IMMEDIATELY CONTACT BUBBLENET® AND GRANT THEM REASONABLE TIME TO SOLVE THE ISSUE.
- Termination/Access Restriction
- bubblenet® reserves the right, in its sole discretion, to terminate your access to the bubblenet® and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Kerala, India and you hereby consent to the exclusive jurisdiction and venue of courts in Kerala in all disputes arising out of or relating to the use of the BUBBLENET®. Use of the BUBBLENET® is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
- You agree that no joint venture, partnership, employment, or agency relationship exists between you and bubblenet® as a result of this agreement or use of the bubblenet®. bubblenet®'s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of bubblenet®'s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by bubblenet® with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
- Subject to applicable law, bubblenet® reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the bubblenet® by a Healthcre Professional pursuant to its internal record retention and/or content destruction policies. After such termination, Bubblenet® will have no further obligation to provide the Services.
- Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and bubblenet® with respect to the bubblenet® and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and bubblenet® with respect to the bubblenet®. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
- Changes to Terms
- As stated above in clause 1.2 of this terms and conditions, bubblenet® reserves the right, in its sole discretion, to change the Terms under which bubblenet® is offered. The most current version of the Terms will supersede all previous versions. bubblenet® encourages you to periodically review the Terms to stay informed of our updates.
bubblenet® welcomes your questions or comments regarding the Terms:
bubblenet® private limited
_________________, _________________ _________________
Email Address: email@example.com
Telephone number: _________________
Effective as of August 11, 2018