Terms of Use

 

These terms and conditions define the use and access of the Cross platform (“Platform”) whether on the mobile application, mobile-web, or website, operated by RoundGlass Wellbeing Pvt. Ltd. a Company Incorporated under the laws of India CIN: U74999PB2018FTC047422 and having its registered office at 9th Floor, IT C-9, IT Park Sector 67, Mohali, Punjab – 160062 (“RoundGlass”, “we”, “our” or “us”). If You are using, accessing, or registering on the Platform as an individual or on behalf of any Person, then (“Your” or “You”) means the individual or the said Person, and You are legally authorized by the Person to bind the said Person to this Agreement.

 

These terms and conditions along with our Platform specific terms and Privacy Policy shall constitute the entire agreement (“Agreement”) between You and RoundGlass in the event you are an individual. For Companies and/or other legal entities, there shall be additional legal documentation in place and the same shall be read along with this Agreement. Please read the Agreement carefully before using, accessing, or registering on the Platform. By using, accessing, or registering on the Platform, You represent and warrant that You understand and agree to this Agreement.

 

  1. Definitions
    1. Affiliate” shall mean any Person who directly or indirectly, controls, is controlled by, or is under the common control of RoundGlass. The term “Control” is used in the sense of the possession by a Person or a group of Persons acting in concert, directly or indirectly, of the right to direct or cause the direction of the management and policies of another Person, whether through the board of directors or ownership of voting rights by such other Person, by the Articles of Association, contract or otherwise.
    2. Grievance Officer” means the grievance redressal officer appointed by RoundGlass in accordance with applicable Law, from time to time.
    3. Information” means and shall include any confidential or personal information provided or shared with RoundGlass or other Users of the Platform while using, accessing, or registering with the Platform, or through any email/messaging feature and shall include without limitation Your name, email address, phone number, education details, experience details, MCI Registration No., practice related information, memberships, accomplishments, any information in relation to Client(s) or otherwise shared or provided on the Platform.
    4. Law” shall mean all statutes, enactments, acts of legislature, laws, ordinances, rules, byelaws, regulations, notifications, guidelines, policies, directions, directives, and orders of any government and or any authority in India or any other jurisdiction, if applicable.
    5. Client(s)” shall mean any person receiving professional advice from a healthcare provider or registered to receive medical advice, care, or treatment, whether at a clinic, dispensary, hospital, maternity home, nursing home, sanatorium or an institution by whatever name called.
    6. Payment Information” shall mean Information required to collect or process any payment, such as your bank account number, Your credit card number, the expiration date of Your credit card and Your address(es) for billing and delivery.
    7. Person” shall mean and include any individual, legal entity, company, body corporate, partnership firm, association, limited liability partnership or proprietorship, whether incorporated or not.
    8. Policies” shall mean and include the privacy policy and any other policies of RoundGlass as amended and provided on the Platform or communicated to the Users in any other way from time to time.
    9. Services” shall mean various services offered by Users through the Platform.
    10. “Subscription” shall mean certain enhanced features of the Platform which You can purchase on a subscription basis. A description of the features associated with Subscriptions is available via the Platform.
    11. User(s)” shall mean a Person who registers himself or herself on the Platform by providing the required Information through the registration process of the Platform and is a service provider to Client(s) accessing the Platform.
    12. Visitor” shall mean Users who visit the Platform but are not registered Users.

 

    1. Platform

The Platform is a RoundGlass website and/or mobile applications where Users may meet and interact with one another, manage their Fitness, Wellness or Medical Centres, or list their medical, wellness or fitness Services as care providers to Client(s) depending upon the module the User signs up for. We reserve the right to list your profile on any other website and/or mobile application owned by us or our affiliates. The various modules of Platform provided by RoundGlass are as follows:

      1. Converse” an e-platform for connecting healthcare providers or medical professionals to allow them to engage in meaningful discussions in relation to their profession or network and collaborate effectively.
      2. Care” Digital practice management platform for doctors and hospitals.
      3. Club” a platform for fitness and wellness centre management.
      4. Connect” a shared online platform for listing of all care providers – doctors, hospitals, fitness centers and more – on one shared platform.

For more details, please read the Platform specific terms attached with this Agreement.

 

  1. Term and Termination
    1. This Agreement will continue to apply until terminated by either party as set forth below. If You object to any terms or change in this Agreement or are dissatisfied with the Platform, You shall send a notice to us as per the Notice clause to (i) close Your User account on the Platform; and/or (ii) stop accessing, using, and visiting the Platform.
    2. We may stop Your future access to the Platform or suspend or terminate the User if we believe, in our sole and absolute discretion, that You have infringed, breached, violated, abused, or unethically manipulated or exploited this Agreement or otherwise acted unethically in a way that is against this Agreement or detrimental to public wellbeing and security.
    3. Upon termination of this Agreement by either party, we may delete any information relating to Your use of the Platform except any information which is required to be retained under applicable Law.

 

  1. User Access
    1. The Platform may only be used or accessed by such Persons who can enter into and perform legally binding contracts under Indian Contract Act, 1872. However, it is hereby specifically provided that Persons who are minors, Persons of unsound mind, and undischarged insolvents are not eligible to use the Platform.
    2. A User shall also hold a MBBS, BAMS, BHMS, BUMS or BNYS degrees or AYUSH or an equivalent or higher medical degree which is recognized by the Indian Medical Council or BDS or an equivalent or higher medical degree which is recognized by the Dental Council of India, Auxiliary Nurse & Midwife, General Nursing & Midwifery or B. Sc or an equivalent or higher degree or certification which is recognized by the Indian Nursing Council or a corresponding degree in the relevant jurisdiction under the applicable Law or a designated user authorized by an owner/manager of a Fitness and Wellness Centre, depending upon the Services the User shall offer on the Platform to the Client(s).
    3. We reserve the right to refuse access to the Platform to a new User or to withdraw access granted to existing Users at any time at our sole discretion including but not limited to, in the event of fraud, misrepresentation, inadequate disclosures and any threat to the Client(s) perceived or otherwise.

 

  1. Intellectual Property
  2. RoundGlass shall own all rights, titles, and interests in the Platform and its processes and to any materials created or developed by RoundGlass or its subcontractors for its internal use or for providing this Platform to you including but not limited to all texts, graphics, images, visual interfaces, computer code, and any other information associated therewith, and you do not acquire any interest, right, or title thereto. You are expressly prohibited from posting any third-party image, graphics, content etc. that will lead to breach of third-party Intellectual Property.

 

  1. User Obligations
    • You agree and undertake not to host, display, upload, modify, publish, transmit, update, or share any Information or list any Information on the platform that:
    1. is copyrighted content of another person and/or belongs to another person and to which You do not have any right and/or license;
    2. is harmful, insulting or harassing on the basis of gender, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy including bodily privacy, hateful, insulting, hurting religious or other sentiments, or racially or ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful or inconsistent with or contrary to the laws in force in any manner whatsoever;
    3. is unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986 (or corresponding applicable Law), or harms minors in any way;
    4. infringes any intellectual property rights or third party’s trade secrets or rights of publicity or privacy including any patent, trademark, copyright or other proprietary rights;
    5. violates any law including but not limited to data privacy laws for the time being in force;
    6. deceives or misleads the Users about the origin of such Information or intentionally communicates any Information which is patently false or misleading in nature but may be reasonable perceived as a fact, or grossly offensive, instigating or menacing in any manner;
    7. is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person;
    8. is fraudulent or impersonates another person;
    9. contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer resource, or contains any trojan horses, bugs, bots, worms, or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept, or expropriate any system, data, or personal Information;
    10. is false, inaccurate, or misleading; directly or indirectly, offers, attempts to offer, trade or attempts to trade in any item/service, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable Law;
    11. may give rise to liability on part of the Platform or RoundGlass or cause any hindrance (in whole or in part) with respect to the suppliers of the Platform:
    12. links directly or indirectly to or includes descriptions of items that are prohibited under this Agreement or any other applicable Law including but not limited to the Indian Penal Code, 1860, Information Technology Act 2000 (or all applicable corresponding Laws) as amended from time to time and rules thereunder;
    13. 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 cognisable offence or prevents investigation of any offence or is insulting other nation;
    14. promotes any external website or webpage or link on the Platform unless you have express written consent from us or have a separate legal agreement with us, which permits you to do so; and
    15. discloses any personal Information of the Client unless You have documented consent of the Client for sharing the personal Information for the said purpose.
    • You understand that the information contained in the medical records may constitute personal or sensitive personal information and subject to all applicable laws dealing with privacy. You hereby agree to hold in strictest confidence all information provided by a Client to You and You shall not allow, by act of commission or omission, such information or documentation to be acquired by any other Person, except in accordance with Law or express written consent of your Client for a specific purpose.
    • In case of any violation of the above provisions, RoundGlass has the right to immediately terminate the access or usage rights of the User to the Platform without any notice and remove any such violative Information and/or report it to investigating authorities, without prejudice to any other legal remedies available to any impacted parties, including RoundGlass.

 

  1. Representation and Warranties
    • You represent and warrant that:
    1. You have the full power and authority to execute, deliver, and perform Your obligations under this Agreement and to carry out the obligations contemplated under this Agreement.
    2. You have provided true, accurate, complete, and up to date details about Your qualification and credentials.
    3. You have obtained all licenses as required by Law to provide your professional services to the Client(s) and have not committed any act or omission that might prejudice its continuance or renewal.
    4. You will always comply with all Laws directly or indirectly applicable to You that may now or hereafter govern the gathering, use, transmission, processing, receipt, reporting, disclosure, maintenance, and storage of the Client Information, and use Your best efforts to cause all persons or entities under Your direction or control to comply with such Law in letter and spirit.
    5. The execution, delivery, and performance of this Agreement does not conflict with, breach, constitute a default under, or violate any applicable Law, contract, decree, or order to which You are a party or by which You are bound.
    6. You are solely responsible for the Information uploaded/shared by You on the Platform.
    • We offer the Platforms “AS IS”. We do not make any representation or warranty as to the attributes (such as quality, worth, marketability, merchantability, usefulness) of the Services provided on the Platform by the Users. RoundGlass does not implicitly or explicitly support or endorse the sale or purchase of any items/Services on the Platform. It is clearly understood by You that all warranties, implied or express, in relation to the Services provided on the Platform by the Users are directly between the relevant Users/Client(s). While RoundGlass takes all required measures to verify the Users, RoundGlass does not make any representations or warranties as to the attributes (such as legal entitlement, creditworthiness, identity etc.) of any of its Users. You are advised to take abundant precaution and use Your best judgment and independently verify the bona fides of any User that You choose to deal with on the Platform.

 

  1. Disclaimer
    • RoundGlass is not and cannot be a party to or control in any manner any interaction between two Users of the Platform. RoundGlass is not responsible and does not recommend, endorse or make any representation about the efficacy, appropriateness or suitability of any specific tests, prescriptions, products, procedures, treatments, services, opinions, medical professionals, health care providers or other Information that may be made available by Users on the Platform or contained on or available through the Platform by links to other websites or otherwise including through material which has been derived or aggregated from publicly available resources. RoundGlass shall not be liable for any errors or omissions, whether on behalf of itself, Users, or third parties.
    • RoundGlass disclaims any and all liability whatsoever for any monetary or other damage suffered by You on account of any delay, failure, interruption, or corruption of any data or other Information transmitted in connection with use of the Platform.

 

  1. Indemnity
  2. You shall indemnify and hold harmless RoundGlass and its parent, subsidiaries, Affiliates and their officers, directors, agents, and employees, from and against any and all losses, costs, damages, settlement payments, expenses (including without limitation attorneys’ fees and disbursements), penalty or other liabilities arising out of actions, suits, proceedings, judgments, or any other claims made by any third party or imposed under Law as a result of Your violation of this Agreement (including anything incorporated by reference), any Law, or the rights of a third party.

 

  1. Limitation of Liability
  2. In no event shall RoundGlass and its parent, subsidiaries, Affiliates and their officers, directors, agents, and employees shall be liable for any direct or indirect damages in connection with the Platform. Notwithstanding anything to the contrary in this Agreement, the aggregate liability of RoundGlass arising in connection with this Agreement shall not exceed the amount of actual fees charged from You for the use of the Platform.

 

  1. Modification
  2. We reserve the right to change the Platform and/or alter this Agreement and Policies at any time. It shall be Your responsibility to check this Agreement for amendments. Your continued use of the Platform following the posting of changes to this Agreement, will constitute Your consent and acceptance of those changes.

 

  1. Dispute Resolution
  2. Any dispute, controversy, or claim arising out of or relating to this Agreement (“Dispute“) will be resolved and finally settled by arbitration, where both parties will jointly appoint a sole arbitrator. In the event that the Parties are unable to mutually agree on the appointment of a sole arbitrator within 30 days of the dispute arising, each party will be entitled to appoint 1 (one) arbitrator each, and the 2 (two) arbitrators so appointed will appoint a third arbitrator so as to form a panel of 3 (three) arbitrators to resolve the dispute. The arbitration proceedings will be conducted in English language. The arbitration proceedings will be conducted in accordance with the provisions of the (Indian) Arbitration and Conciliation Act, 1996. The Arbitration proceeding shall be governed by the laws of India. The seat of arbitration will be Mohali. The arbitrator(s) will apply this Agreement according to its terms. The Parties agree to be bound by any award or order resulting from any arbitration conducted hereunder. The arbitrator(s) award will be substantiated in writing. The arbitration panel will also decide on the costs of the arbitration procedure.

 

  1. Governing Law & Jurisdiction
  2. This Agreement will be governed by and interpreted in all respects in accordance with the substantive laws of India, and courts at Mohali will have exclusive jurisdiction.

 

  1. Assignment
  2. RoundGlass shall, at its sole discretion, be entitled to assign or transfer its rights and obligations under this Agreement to any other Person(s) without Your prior consent. You shall not assign Your rights and obligations under this Agreement to any other Person(s) without our prior written consent.

  1. Notice
  2. Except as explicitly stated otherwise, any notices directed to us shall be given by email to rg.legal@round.glass followed by a notice by registered mail acknowledgement due or by courier, to the address provided by us on the Platform from time to time and any notices to You by us shall be provided on your registered email ID. Notice shall be deemed to be delivered as soon as it has been given, in case of any email. It shall be Your sole obligation to keep us updated about any change in email address. Failure in delivery of notices on Your registered email address due to the failure on Your part to update the same shall not render such notices invalid.

 

  1. International Users
  2. The Platform is hosted on cloud servers. If You are accessing the Platform from outside India with laws or regulations governing personal data collection, use, and disclosure, that differ from Indian laws, please be advised that through Your registration and continued use of the Platform, You expressly consent to that transfer the data in India and consent to be governed by Indian laws including those with regard to data privacy, data protection and intermediaries.

 

  1. General
    1. None of the provisions of this Agreement shall be deemed to constitute a partnership or joint venture or agency between You and us and You shall have no authority to bind us in any manner whatsoever.
    2. We reserve the right to use the Information provided by You for commercial purposes and the right to tie up with other stakeholders in the healthcare industry and broadcast their Information to the Users in different forms from time to time.
    3. If any clause of this Agreement or the application thereof to any User or circumstance is deemed invalid or void, for any reason unenforceable to any extent, the remainder of this Agreement and the application of such provision to Users or circumstances other than those as to which it is held invalid or unenforceable shall not be affected thereby, and each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by applicable Law.
    4. Any grievances, complaints, concerns, or comments arising from the use of the Platform, or breach of this Agreement shall be taken up with the designated Grievance Officer through email to legal@round.glass
    5. You consent to be contacted or to receive any other information through telephone, e-mail, SMS, or WhatsApp to fulfill the purpose of this Agreement, for marketing and promotional purposes from us or our Affiliates or agents even though Your name appears in the National Customer Preference Registry (Do Not Disturb Registry). You expressly agree that any such calls, SMS, e-mail, or WhatsApp messages will not cause any inconvenience to you.

 
 

Care/Converse/Connect specific terms

The obligations or terms in this section are in addition to the other obligations in this Agreement.

 

  1. Registration
    1. As a care provider, You will be required to make a request for registration on the Platform for the purposes of using online practice management system functionalities and related tools of the Platform and/or any other Services provided through the Platform.
    2. For the purposes of securing Your registration, You shall be required to share certain details including, but not restricted to, Your name, age, gender, email address, clinic/diagnostic centre/hospital address, phone number, professional license number, membership number with the medical association etc. The Platform shall verify these details from publicly available sources, basis which Your request for registration may be approved or rejected at the sole discretion of the Platform.

      Registration on the Platform is one-time and You are required to remember Your username and password details and keep the same confidential. In the event You misplace Your username and password details, You can retrieve and change the same using the “forgot username/password” option on the Platform through Your registered email and phone number.

    3. Listing of Profiles, We, through the Platform may, directly and indirectly, collect Information regarding Your profiles, contact details, and practice. This Information is collected for facilitating interaction with the Client(s) and other Users. If any Information displayed on the Platform in connection with You and Your profile is found to be incorrect by You, You are required to inform us immediately and get it corrected. You are also required to update your Information from time to time in case of any changes at your end.
    4. We reserve the right to take down Your profile as well as the right to display Your profile on the Platform, with or without notice to You at our sole discretion.
    5. We shall not be liable and/or responsible for Your ratings or ranking as a medical practitioner on the Platform and other related or unrelated search engines.
    6. We shall not be responsible or liable in any manner to You for any loss, damage, injuries, or expenses incurred as a result of any disclosures or publications made through the Platform, where such disclosure or publication was expressly or implicitly consented to by You.
    7. We reserve the right to moderate the suggestions made by You or other users of Platform through feedback and shall have the right to remove any abusive or inappropriate or promotional content added on Platform which is in breach of the Agreement and these terms of use. We shall not be liable if any misleading, inaccurate, or fraudulent profiles are created in Your name on Platform. In the event any such incident comes to your notice, you are required to contact us immediately support@round.glass for resolution.

 

  1. Profile ownership
    1. We allow You to upload and update Your profile Information on the Platform. We reserve the right of ownership of Your profile and photographs on the Platform and to moderate the changes or updates as You may request. We will have the right to take a decision whether to publish or reject the requests submitted for the respective changes or updates by You on the Platform. You hereby represent and warrant that You are fully entitled under Law to upload all the content uploaded by You as part of Your profile or otherwise while using the Platform, and that no such content breaches any third-party rights, including but not limited to Intellectual Property Rights. Upon becoming aware of a breach of the foregoing representation, we may modify or delete parts of Your profile Information or take down Your Profile entirely as well as the suspend or disable the display of Your profile on Curofy at our sole discretion without any notice to You.

 

  1. Chat
    1. Chat enables You to connect with other Users by responding to the health-related queries posted by them on their chat accounts. The user may post a query, which will only be sent to You, in the event the concerned user has chosen You.
    2. You agree that providing any written response to a Client’s query will constitute performance of Your Services. You shall refrain from posting language that may be considered abusive, objectionable, or demeaning to the User or in general, which may be treated as a violation of the Agreement and the Terms of Use.

 

  1. Consultation
    1. You will receive a facility of charting (e-prescription and Client health record) through the charting-module on the Platform.
    2. All the content filled on charting, including prescription for the Client shall be done by You and shall solely be Your responsibility and should be done in accordance with applicable Law.
    3. We will not be liable for any medication and healthcare data or prescription that You prescribe to the Client(s) on the Platform.
    4. You agree that You shall, at all times, abide by the applicable Law, and code of conduct of medical ethics that is applicable to You during any consultation provided through the Platform.
    5. You hereby agree to hold in strictest confidence all the Information provided by a User/Client to You under all circumstances. You further agree that You shall not disclose any Information or documentation provided by a User to any other Person(s), nor shall You allow, by act of commission or omission, such Information or documentation to be acquired by any other Person(s), except in accordance with Law.

 

  1. Teleconsultation
  2. You may receive a facility of providing teleconsultation on the Platform. You hereby agree to abide by these terms in this section.

    1. You agree to provide, additional Information or details as we may require extending the teleconsultation facility to You.
    2. You agree to provide a schedule of fees/charges payable for such teleconsultation. You hereby represent and warrant that we have no role to play in the determination of fees and charges payable to You by the Client(s). You hereby also agree such service fee to us for providing the Services of Teleconsultation, as may be prescribed by us from time to time.
    3. If You avail the facility of providing teleconsultation, You hereby represent and warrant that You:
      1. are permitted by applicable law, regulations, and guidelines to provide teleconsultation only within the territory of India and you have taken any and all registrations required to do so.
      2. have undertaken such training as may be prescribed by Law for providing teleconsultation.
      3. have provided true, accurate, complete, and up to date details about Your qualification and credentials.
    4. While using the teleconsultation facility You shall at all times abide by the Law, and code of conduct of medical ethics, including but not limited to, the Telemedicine Practice Guidelines 2020 that is applicable to You. You shall ensure that at all times all the applicable Law that governs You is followed, and utmost care shall be taken in terms of the teleconsultation.
    5. You shall ensure that the teleconsultation will be held to the same professional and ethical norms and standards as an in-clinic consultation. You shall exercise proper discretion and not compromise on the quality of care provided during teleconsultation.
    6. We enable Client(s) to book an appointment for a teleconsultation for a given date or time. You agree that a teleconsultation may be cancelled by You up to 15 minutes prior to such teleconsultation. No consultation fee will be payable where You cancel the teleconsultation.
    7. You agree that in the absence of re-scheduling, the teleconsultation will be cancelled in the event of a “No-show” by either You or the Client. It will be considered a No-show by You if, without any intimation, You fail to join the teleconsultation within 15 minutes of the scheduled time. No cancellation charges shall be payable to You by the Client in such cases. It will be considered a No-show by the Client if without any intimation, such Client fails to join the teleconsultation within 10 minutes of the scheduled time. A cancellation fee may be payable to You by the Client in such circumstances.
    8. For prepaid appointments booked through any of our proprietary Platforms, if You cancel a confirmed appointment, You will be charged a cancellation fee @ 5% of the consultation fee or as may be specified by us from time to time
    9. You shall ensure that You do not conduct teleconsultation without the explicit consent of the User, unless the consultation has been initiated by the User who is the Client, in which case the consent will be implied.
    10. You shall ensure that in case a caregiver of a Client, parents, spouse, friends, nurse, allied health worker, any other person authorised to represent the Client is initiating the consultation on behalf of a Client, You are required to obtain specific consent of the Client or a documentary proof demonstrating the authority of the caregiver to act for the Client.
    11. If the Client is a minor as per Indian laws or is of unsound mental health, appointments for teleconsultation shall be strictly booked only by the Parents or Guardians and you shall not book such teleconsultation unless the Parent or guardian is available at the time of teleconsultation.
    12. You hereby agree to permit us to display such details pertaining to You on the Platform or during the teleconsultation as may be necessary for the User to verify Your credentials and/or confirm Your identity.
    13. You shall ensure that that You appropriately identify Yourself to the Client and verify the Client’s identity and credential prior to initiating the teleconsultation.
    14. You shall be solely responsible for the treatment, protocol, diagnosis, medication and prescription and we shall have no liability arising out of Your conduct during the teleconsultation. You shall conduct your teleconsultation by strictly adhering to all applicable laws, the highest standards of professional and medical ethics and the letter and spirit of this Agreement and terms of use.
    15. All the content filled on charting, including prescription for Client shall be done by You and shall be solely Your responsibility. You shall ensure that such prescriptions for medications are issued in accordance with applicable Law, including the applicable Telemedicine Guidelines, as may be amended from time to time. You may use the prescription module available on the Platform to create the prescriptions.
    16. You undertake never to vary or diminish the features of the mode of telecommunication provided through the Platform.
    17. You shall exercise Your professional judgement to decide whether a teleconsultation is appropriate in a situation. You have the discretion to terminate/cancel the teleconsultation where You are of the considered view that it is beyond Your expertise/capacity to treat the Client or where teleconsultation will not be appropriate given the circumstances. However, it is strongly recommended while so terminating the teleconsultation You advise the Client and explain appropriately for next steps which may include referring the Client for further evaluation. Due records for the same should be maintained on the Platform.
    18. You shall maintain such records of the teleconsultation, including reports, notes, prescriptions and for such duration, as prescribed by Law. Prior to the teleconsultation or at completion thereof, You may be required to provide such details, confirm such Information, or prepare/report such summary through the Platform, as may be required by Law or considered necessary and appropriate by us.
    19. It shall be Your responsibility to ensure that the Information provided by a Client is accurate and not incomplete. You understand that we shall not be liable for any errors in the Information included in any communication between You and the Client.
    20. You agree not to use the Services of teleconsultation for any form of advertisement or solicitation of Client(s), except to the extent that it may be permitted by Law.
    21. Upon becoming aware of a breach of the foregoing, we reserve the right to suspend, restrict or terminate Your right to provide teleconsultation through the Platform at our sole discretion without notice to You.
    22. You acknowledge that if it comes to our knowledge that You are in violation of any of the applicable Law then we shall be entitled suspend, restrict or terminate Your right to provide teleconsultation through the Platform or take such other legal action as may be required. Suspicion and restriction of your profile does not absolve you from any liability under the applicable laws.

 

  1. Content Posting
    1. We, through the Platform, provide You with a facility to share healthcare-related educational content and web links with Client(s) using the “Learn module” of the Platform. This module is a content platform available to You for logging in and sharing health and wellness related content with Your Client(s).
    2. You explicitly agree that we reserve the right to publish the content provided by You on Platform to a third party including other content platforms.
    3. You can use the health feed by logging in from Your profile, creating original content comprising text, audio, video, images data, or any combination of the same. You can also upload or refer any online content which You feel is relevant after duly crediting the original content creator.
    4. You acknowledge that You are the original author and creator of any content or comments that You upload in Your name, and that no content or comment uploaded by You would result in any infringement of the intellectual property rights of any other Person(s).
    5. We reserve the right to remove at our sole discretion any content or comment on Platform which is determined, at our sole discretion, as violating the intellectual property rights of any other Person or violation of this Agreement and terms of use.

 

  1. Doctor Search and Appointment Scheduling 
    1. We will upload all the Information related to You on to the Platform for the Client(s) to view and choose but We shall not be responsible for who the Client(s) ultimately choose.
    2. You shall be responsible for Your profile reflected on Platform. In case of any error or mistake appearing in Your profile, You shall immediately bring it to our notice for necessary correction by emailing us at cross.support@round.glass. We shall not be held liable for any incorrect details about You mentioned on the Platform.
    3. The results of any search performed on Platform for medical practitioners including ranking /feedback/testimonials of medical practitioners should not be construed as an endorsement by the Platform of any such particular medical practitioner.
    4. On the Platform, the Client(s) can, inter alia, book an appointment with You. While we will try to ensure a confirmed appointment for a Client who requested an appointment, we do not guarantee any confirmed appointments. Further, we shall have no liability if such appointment is confirmed by You but later cancelled, or if You are unavailable at the scheduled appointment time. You should be responsible for informing any delays, change or cancellation of appointments and also the refund and adjustment of fees, and You absolve us from any consequential liabilities whatsoever.

 

  1. Billing and Payments 
    1. The Platform provides a billing module which can be used for practice billing.
    2. The billing setup will be done by You for Your Services. The pricing is based on Your setup, and we will not have any responsibility for the same.
    3. All online payments will be done towards Your practice, and we will not have any responsibility for refunds, delays, payment issues or fraudulent transactions. Such issues need to be directly dealt with the concerned Client(s).
    4. We shall not be responsible for any third-party payment gateways being used for online payment by You or other Client(s) to make payments to You.
    5. You shall have the option of accepting pre-paid appointments, whereby the Client will pay for Your Services prior to availing them (“Pre-paid Appointment”). For such Pre-paid Appointments, if You cancel a confirmed appointment, You shall be charged a cancellation fee which shall not exceed 5% of the Pre-paid Appointments fee (“Cancellation Fee”). This Cancellation Fee will be adjusted against Your monthly payments.
    6. If You opt for Pre-paid Appointments through the Platform, we will collect Your personal and billing Information including but not limited to Voter ID, Pan Card, Tax identification documents, MSME or other documents as required by government of India to conduct commercial transactions.
    7. If a Client opens a dispute with the payment issuer (Credit card company, bank or any other payment gateway or any other payment facilitator), and the dispute results in a charge back (Client gets a refund), we will adjust the chargeback amount and any associated expenses from against Your monthly payments. In case your balance is insufficient, You will be responsible to make an immediate direct payment for the amount equal to the chargeback amount and any other associated expenses to us upon receipt of an invoice.
    8. Your Subscription cost if not pre-paid may be recovered from Your other outstanding payments. In case the amount of outstanding balance is insufficient, You will be responsible to make an immediate direct payment for the subscription fee to us upon receipt of an invoice.
    9. Non-payment of invoices raised by us as per clause g & h above will be considered a material breach of the Agreement and terms of use. RoundGlass reserves the right to terminate/suspend your account. RoundGlass reserves the right to pursue any and all legal recourse against You to recover the amount due. Multiple payment defaults at your end may result in permanent deactivation of your profile at our sole discretion.

 

  1. Fees
    1. We offer certain enhanced features of the Services which you can purchase on a subscription basis the options provided on the Platform (“Subscription”). A description of features associated with Subscriptions is available on the Platform. When you purchase a Subscription or a Product (each, a “Transaction”), the payment gateway embedded on the Platform may ask you to supply additional information relevant to your Transaction, such as your credit card number, the expiration date of your credit card and your address(es) for billing and delivery (such information, “Payment Information”). Please note that your card details are not stored by us. You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. The amounts due and payable by you for a Transaction through the Platform will be presented to you before you place your order. If you choose to initiate a Transaction via the Platform, you authorize us to provide your Payment Information to third party service providers so we can complete your Transaction and agree (a) to pay the applicable fees and any taxes; (b) that we may charge your credit card or third party payment processing account, including, but not limited to, your account with the app store or distribution platform (like the Apple App Store, Google Play or the Amazon Appstore) where the App is made available (each, an “App Provider”), for verification, pre-authorization and payment purposes; and (c) to bear any additional charges that your App Provider, bank or other financial service provider may levy on you as well as any taxes or fees that may apply to your order. You’ll see your subscription/ transaction data displayed in the ‘My Subscription Section’ of your account on the Platform. Your order is not binding on us until accepted and confirmed by us. All payments made are non-refundable and non-transferable except as expressly provided in these Terms.
    2. If you have any concerns or objections regarding charges, you agree to raise them with us first and you agree not to cancel or reject any credit card or third-party payment processing charges unless you have made a reasonable attempt at resolving the matter directly with us.
    3. RoundGlass reserves the right to not process or to cancel your order in certain circumstances, for example, if your credit card is declined, if we suspect the request or order is fraudulent, or in other circumstances we deem appropriate in its sole discretion. We also reserve the right, in our sole discretion, to take steps to verify your identity in connection with your order. You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information). We will either not charge you or refund the charges for orders that we do not process or cancel.

 

  1. Medical Records 
    1. The Platform has provided a facility on its website, mobile or other applications for e-prescription and medical records for each of the visits that Client(s) make to You. The Platform also provides a facility to view old medical records (Longitudinal health records) of the Client(s), provided the concerned Client has provided his consent and access to the same to You.
    2. We shall not be liable for any update that You will make on the records of the Client(s), You are treating, during your clinical encounters.