Terms and Conditions

AstoCare, on behalf of itself and its affiliates/group companies under the brand "AstoCare", is the author and publisher of the internet resource www.astocare.com and the mobile application ‘AstoCare’ (together, “Website”). AstoCare owns and operates the services provided through the Website.

1. NATURE AND APPLICABILITY OF TERMS

Please carefully go through these terms and conditions (“Terms”) and the privacy policy available at (“Privacy Policy”) before you decide to access the Website or avail the services made available on the Website by AstoCare. These Terms and the Privacy Policy together constitute a legal agreement (“Agreement”) between you and AstoCare in connection with your visit to the Website and your use of the Services (as defined below).
The Agreement applies to you whether you are -
• A doctor/lab/chemist (whether an individual professional or an organization) or similar institution wishing to be listed, or already listed, on the Website, including designated, authorized associates of such doctor/lab/chemist or institutions (“Doctor/Lab/Chemist”, “you” or “User”); or
• A patient, his/her representatives or affiliates, searching for Doctor/Lab/Chemist through the Website (“End-User”, “you” or “User”); or
• Otherwise a user of the Website (“you” or “User”).
• You, as a registered user agrees that you may receive marketing and promotional updates via SMS, Phone and email on regular intervals. In case you wish to unsubscribe, Contact Us.
This Agreement applies to those services made available by AstoCare on the Website, which are offered free of charge to the Users (“Services”), including the following:
• For Doctor/Lab/Chemist: Listing of Doctor/Lab/Chemist and their profiles and contact details, to be made available to the other Users and visitors to the Website;
• For other Users: Facility to (i) create and maintain “Accounts’, (ii) search for Doctor/Lab/Chemist by name, specialty, and geographical area, or any other criteria that may be developed and made available by AstoCare, and (iii) to make appointments with Doctor/Lab/Chemist.
The Services may change from time to time, at the sole discretion of AstoCare, and the Agreement will apply to your visit to and your use of the Website to avail the Service, as well as to all information provided by you on the Website at any given point in time.
This Agreement defines the terms and conditions under which you are allowed to use the Website and describes the manner in which we shall treat your account while you are registered as a member with us. If you have any questions about any part of the Agreement, feel free to contact us at help@astocare.com.
By downloading or accessing the Website to use the Services, you irrevocably accept all the conditions stipulated in this Agreement, the Subscription Terms of Service and Privacy Policy, as available on the Website, and agree to abide by them. This Agreement supersedes all previous oral and written terms and conditions (if any) communicated to you relating to your use of the Website to avail the Services. By availing any Service, you signify your acceptance of the terms of this Agreement.
We reserve the right to modify or terminate any portion of the Agreement for any reason and at any time, and such modifications shall be informed to you in writing. You should read the Agreement at regular intervals. Your use of the Website following any such modification constitutes your agreement to follow and be bound by the Agreement so modified.
You acknowledge that you will be bound by this Agreement for availing any of the Services offered by us. If you do not agree with any part of the Agreement, please do not use the Website or avail any Services.
Your access to use of the Website and the Services will be solely at the discretion of AstoCare. The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but not limited to:
• the Indian Contract Act, 1872,
• the (Indian) Information Technology Act, 2000, and
• the rules, regulations, guidelines and clarifications framed there under, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”).

2. CONDITIONS OF USE

You must be 19 years of age or older to register, use the Services, or visit or use the Website in any manner. By registering, visiting and using the Website or accepting this Agreement, you represent and warrant to AstoCare that you are 19 years of age or older, and that you have the right, authority and capacity to use the Website and the Services available through the Website, and agree to and abide by this Agreement.

3. TERMS OF USE APPLICABLE TO ALL USERS OTHER THAN DOCTOR/LAB/CHEMIST

The terms in this Clause 3 are applicable only to Users other than Doctor/Lab/Chemist.

3.1END-USER ACCOUNT AND DATA PRIVACY

3.1.1 The terms “personal information” and “sensitive personal data or information” are defined under the SPI Rules, and are reproduced in the Privacy Policy.
3.1.2 AstoCare may by its Services, collect information relating to the devices through which you access the Website, and anonymous data of your usage. The collected information will be used only for improving the quality of AstoCare services and to build new services.
3.1.3 The Website allows AstoCare to have access to registered Users’ personal email or phone number, for communication purpose so as to provide you a better way of booking appointments and for obtaining feedback in relation to the Doctor/Lab/Chemist and their practice.
3.1.4 The Privacy Policy sets out:
• The type of information collected from Users, including sensitive personal data or information;
• The purpose, means and modes of usage of such information;
• How and to whom AstoCare will disclose such information; and,
• Other information mandated by the SPI Rules.
3.1.5 The User is expected to read and understand the Privacy Policy, so as to ensure that he or she has the knowledge of:
• The fact that certain information is being collected;
• The purpose for which the information is being collected;
• The intended recipients of the information;
• The nature of collection and retention of the information; and
• The name and address of the agency that is collecting the information and The agency that will retain the information; and
• The various rights available to such Users in respect of such information.
3.1.6 AstoCare shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the User to AstoCare or to any other person acting on behalf of AstoCare.
3.1.7 The User is responsible for maintaining the confidentiality of the User’s account access information and password, if the User is registered on the Website. The User shall be responsible for all usage of the User’s account and password, whether or not authorized by the User. The User shall immediately notify AstoCare of any actual or suspected unauthorized use of the User’s account or password. Although AstoCare will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of AstoCare or such other parties as the case may be, due to any unauthorized use of your account. 3.1.8 If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or AstoCare has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, AstoCare has the right to discontinue the Services to the User at its sole discretion.
3.1.9 AstoCare may use such information collected from the Users from time to time for the purposes of debugging customer support related issues.

3.2 LISTING CONTENT AND DISSEMINATING INFORMATION

3.2.1 AstoCare collects, directly or indirectly, and displays on the Website, relevant information regarding the profile and practice of the Doctor/Lab/Chemist listed on the Website, such as their specialization, qualification, location, visiting hours, and similar details. AstoCare takes reasonable efforts to ensure that such information is updated at frequent intervals. Although AstoCare screens and vets the information and photos submitted by the Doctor/Lab/Chemist, it cannot be held liable for any inaccuracies or incompleteness represented from it, despite such reasonable efforts.
3.2.2 The Services provided by AstoCare or any of its licensors or service providers are provided on an "as is" and “as available’ basis, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). AstoCare does not provide or make any representation, warranty or guarantee, express or implied about the Website or the Services. AstoCare 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, AstoCare 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 AstoCare or any User in relation to any User or services provided by such User.
3.2.3 The Website may be linked to the website of third parties, affiliates and business partners. AstoCare 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 AstoCare endorses the linked site. User may use the links and these services at User’s own risk.
3.2.4 AstoCare assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect User’s equipment on account of User’s access to, use of, or browsing the Website or the downloading of any material, data, text, images, video content, or audio content from the Website. If a User is dissatisfied with the Website, User’s sole remedy is to discontinue using the Website.
3.2.5 If AstoCare determines that you have provided fraudulent, inaccurate, or incomplete information, including through feedback, AstoCare reserves the right to immediately suspend your access to the Website or any of your accounts with AstoCare and makes such declaration on the website alongside your name/your clinic’s name as determined by AstoCare for the protection of its business and in the interests of Users. You shall be liable to indemnify AstoCare for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected AstoCare or its Users.

3.3 BOOK APPOINTMENT

AstoCare enables Users to connect with Doctor/Lab/Chemist through Book facility that allows Users book an appointment through the Website
3.3.1 AstoCare will ensure Users are provided confirmed appointment on the Book facility. However, AstoCare has no liability if such an appointment is later cancelled by the Doctor/Lab/Chemist, or the same Doctor/Lab/Chemist is not available for appointment.
3.3.2 If a User has utilized the telephonic services, AstoCare reserves the right to share the information provided by the User with the Doctor/Lab/Chemist and store such information and/or conversation of the User with the Doctor/Lab/Chemist, in accordance with our Privacy Policy.
3.3.3 The results of any search Users perform on the Website for Doctor/Lab/Chemist should not be construed as an endorsement by AstoCare of any such particular Doctor/Lab/Chemist. If the User decides to engage with a Doctor/Lab/Chemist to seek medical services, the User shall be doing so at his/her own risk.
3.3.4 without prejudice to the generality of the above, AstoCare is not involved in providing any healthcare or medical advice or diagnosis and hence is not responsible for any interactions between User and the Doctor/Lab/Chemist. User understands and agrees that AstoCare will not be liable for:
• User interactions and associated issues User has with the Doctor/Lab/Chemist;
• the ability or intent of the Doctor/Lab/Chemist or the lack of it, in fulfilling their obligations towards Users;
• any wrong medication or quality of treatment being given by the Doctor/Lab/Chemist, or any medical negligence on part of the Doctor/Lab/Chemist;
• inappropriate treatment, or similar difficulties or any type of inconvenience suffered by the User due to a failure on the part of the Doctor/Lab/Chemist to provide agreed Services;
• any misconduct or inappropriate behavior by the Doctor/Lab/Chemist or the their staff;
• Cancellation or no show by the Doctor/Lab/Chemist or rescheduling of booked appointment or any variation in the fees charged, provided these have been addressed to under, AstoCare Guarantee Program.
3.3.5 Users are allowed to provide feedback about their experiences with the Doctor/Lab/Chemist, however, the User shall ensure that, the same is provided in accordance with applicable law. User however understands that, AstoCare shall not be obliged to act in such manner as may be required to give effect to the content of Users feedback, such as suggestions for delisting of a particular Doctor/Lab/Chemist from the Website.
3.3.6 Cancellation and Refund Policy
• In the event that, the Doctor/Lab/Chemist with whom User has booked a paid appointment via the Website, has not been able to meet the User, User will need to write to us at help@astocare.com within five (5) days from the occurrence of such event; in which case, the entire consultation amount as mentioned on the Website will be refunded to the User within the next five (5) to six (6) business days in the original mode of payment done by the User while booking. In case where the User, does not show up for the appointment booked with a Doctor/Lab/Chemist, without cancelling the appointment beforehand, the amount will not be refunded, and treated as under Clause 3.3.6. However, where cancellation charges have been levied (as charged by the Doctor/Lab/Chemist), you would not be entitled to complete refund even if you have cancelled beforehand.
• Users will not be entitled for any refunds in cases where, the Doctor/Lab/Chemist is unable to meet the User at the exact time of the scheduled appointment time and the User is required to wait, irrespective of the fact whether the User is required to wait or choose to not obtain the medical services from the said Doctor/Lab/Chemist.

3.4 NO DOCTOR-PATIENT RELATIONSHIP; NOT FOR EMERGENCY USE

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

3.5 Cancellation and Refund Policy:

• For cancellation and refund policy, read more.
3.5.1 Express Disclaimers:
• Consult is intended for general purposes only and is not meant to be used in emergencies/serious illnesses requiring physical consultation. Further, if the Doctor/Lab/Chemist adjudges that a physical examination would be required and advises ‘in-person consultation’, it is the sole responsibility of the User, to book an appointment for physical examination and in-person consultation whether the same is with the Doctor/Lab/Chemist listed on the Website or otherwise. In case of any negligence on the part of the User in acting on the same and the condition of the User deteriorates, AstoCare shall not be held liable.
• AstoCare is not a medical service provider, nor is it involved in providing any healthcare or medical advice or diagnosis; it shall hence not be responsible and owns no liability to either Users or Doctor/Lab/Chemist for any outcome from the consultation between the User and the Doctor/Lab/Chemist.
• Consult is a platform being made available to Users to assist them to obtain consultation from Doctor/Lab/Chemist and does not intend to replace the physical consultation with the Doctor/Lab/Chemist.
3.5.2 Terms for Doctor/Lab/Chemist:
• The Doctor/Lab/Chemist shall promptly reply to the User after receiving User’s communication. In case of non-compliance with regard to adhering to the applicable laws/rules/regulations/guidelines by the Doctor/Lab/Chemist, AstoCare shall have the right to replace such Doctor/Lab/Chemist for the purpose of consultation to the User or remove such Doctor/Lab/Chemist from the platform/AstoCare application/site; Read more on guidelines here.
• The Doctor/Lab/Chemist understands and agrees that, AstoCare shall at its sole discretion, at any time be entitled to, show as other Doctor/Lab/Chemist available for consultation.
• The Doctor/Lab/Chemist further understands that, there is a responsibility on the Doctor/Lab/Chemist to treat the User, as the Doctor/Lab/Chemist would have otherwise treated the User on a physical one-on-one consultation model.
• The Doctor/Lab/Chemist has the discretion to cancel any consultation at any point in time in cases where the Doctor/Lab/Chemist feels, it is beyond his/her expertise or his/her capacity to treat the User. In such cases, it may trigger a refund to the User and the User has the option of choosing other Doctor/Lab/Chemist. However, it is strongly recommended that the Doctor/Lab/Chemist advise the User and explain appropriately for next steps.
• The Doctor/Lab/Chemist shall at all times ensure that all the applicable laws that govern the Doctor/Lab/Chemist shall be followed and utmost care shall be taken in terms of the consultation being rendered.
• The Doctor/Lab/Chemist acknowledges that should AstoCare find the Doctor/Lab/Chemist to be in violation of any of the applicable laws/rules/ regulations/guidelines set out by the authorities then AstoCare shall be entitled to cancel the consultation with such Doctor/Lab/Chemist or take such other legal action as may be required.
• The payment gateway option is being provided to the Users to make payment easier. In case wrong bank account details are provided by Doctor/Lab/Chemist, AstoCare will not be responsible for loss of money, if any. In case of there being any technical failure, at the time of transaction and there is a problem in making payment, you could contact help@astocare.com.
• It is further understood by the Doctor/Lab/Chemist that the information that is disclosed by the User at the time of consultation is personal information and is subject to all applicable privacy laws, shall be confidential in nature and subject to User and Doctor/Lab/Chemist privilege.
• The Doctor/Lab/Chemist understands that the certain Consult features (such as follow-up feature) shall be available only if the same has been enabled by the Doctor/Lab/Chemist and that the maximum number of messages that Doctor/Lab/Chemist can send and the number of days for which follow-up will be active for, shall be as set by the Doctor/Lab/Chemist.
• The Doctor/Lab/Chemist understands that when a User books a time-slot with the Doctor/Lab/Chemist for online consultation, the Doctor/Lab/Chemist must comply with the time slot to the best of their availability. In case of delay, the doctor must notify User to their best possible ability.
• The Doctor/Lab/Chemist understands that AstoCare makes no promise or guarantee for any uninterrupted communication and the Doctor/Lab/Chemist shall not hold AstoCare liable, if for any reason the communication is not delivered to the User(s), or are delivered late or not accessed, despite the efforts undertaken by AstoCare .
• It shall be the responsibility of the Doctor/Lab/Chemist to ensure that the information provided by User is accurate and not incomplete and understand that AstoCare shall not be liable for any errors in the information included in any communication between the Doctor/Lab/Chemist and User.
• The Doctor/Lab/Chemist shall indemnify and hold harmless AstoCare 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 the services provided by Doctor/Lab/Chemist, violation of any law, rules or regulations by the Doctor/Lab/Chemist or due to such other actions, omissions or commissions of the Doctor/Lab/Chemist that gave rise to the claim.
• Read more on Settlement Policy here.

3.6 CONTENT OWNERSHIP AND COPYRIGHT CONDITIONS OF ACCESS

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

3.7 REVIEWS

By using this Website, you agree that any information shared by you with AstoCare or with any Doctor/Lab/Chemist will be subject to our Privacy Policy.
You are solely responsible for the content that you choose to submit for publication on the Website, including any ratings, or reviews (“Critical Content”) relating to Doctor/Lab/Chemist or other healthcare professionals. The role of AstoCare in publishing Critical Content is restricted to that of an ‘intermediary’ under the Information Technology Act, 2000.AstoCare disclaims all responsibility with respect to the content of Critical Content, and its role with respect to such content is restricted to its obligations as an ‘intermediary’ under the said Act. AstoCare shall not be liable to pay any consideration to any User for re-publishing any content across any of its platforms.
Your publication of reviews on the Website is governed by Clause 5 of these Terms. Without prejudice to the detailed terms stated in Clause 5, you hereby agree not to post or publish any content on the Website that (a) infringes any third-party intellectual property or publicity or privacy rights, or (b) violates any applicable law or regulation, including but not limited to the IG Rules and SPI Rules. AstoCare, at its sole discretion, may choose not to publish your reviews and feedback, if so required by applicable law, and in accordance with Clause 5 of these Terms.

3.8 RECORDS

AstoCare may provide End-Users with a free facility known as ‘Records’ on its mobile application ‘AstoCare ’. Information available in your Records is of two types:
c User-created: Information uploaded by you or information generated during your interaction with AstoCare ecosystem, eg: appointment, medicine order placed by you.
• Practice-created: Health Records generated by your interaction with a Doctor/Lab/Chemist who uses ‘AstoCare’ or other Services of AstoCare software.
The specific terms relating to such Health Account are as below, without prejudice to the rest of these Terms and the Privacy Policy:
3.9.1 Your Records is only created after you have signed up and explicitly accepted these Terms.
3.9.2 Any Practice created Health Record is provided on an as-is basis at the sole intent, risk and responsibility of the Doctor/Lab/Chemist and AstoCare does not validate the said information and makes no representation in connection therewith. You should contact the relevant Doctor/Lab/Chemist in case you wish to point out any discrepancies or add, delete, or modify the Health Record in any manner.
3.9.3 The Health Records are provided on an as-is basis. While we strive to maintain the highest levels of service availability, AstoCare is not liable for any interruption that may be caused to your access of the Services.
3.9.4 It is your responsibility to keep your correct mobile number and email ID updated in the Records. The Health Records will be sent to the Records associated with this mobile number and/or email ID. Every time you change any contact information (mobile or email), we will send a confirmation. AstoCare is not responsible for any loss or inconvenience caused due to your failure in updating the contact details with AstoCare.
3.9.5 AstoCare uses industry–level security and encryption to your Health Records. However, AstoCare does not guarantee to prevent unauthorized access if you lose your login credentials or they are otherwise compromised. In the event you are aware of any unauthorized use or access, you shall immediately inform AstoCare of such unauthorized use or access. Please safeguard your login credentials and report any actual suspected breach of account to help@astocare.com.
3.9.6 If you access your dependents’ Health Records by registering your dependents with your own Records, you are deemed to be responsible for the Health Records of your dependents and all obligations that your dependents would have had, had they maintained their own separate individual Records. You agree that it shall be your sole responsibility to obtain prior consent of your dependent and shall have right to share, upload and publish any sensitive personal information of your dependent. AstoCare assumes no responsibility for any claim, dispute or liability arising in this regard, and you shall indemnify AstoCare and its officers against any such claim or liability arising out of unauthorized use of such information.
3.9.7 In case you want to delete your Records, you can do so by contacting our service support team. However only your account and any associated Health Records will be deleted, and your Health Records stored by your Doctor/Lab/Chemist will continue to be stored in their respective accounts.
3.9.8 You may lose your “User created” record, if the data is not synced with the server.
3.9.9 If the Health Record is unassisted for a stipulated time, you may not be able to access your Health Records due to security reasons.
3.9.10 AstoCare is not liable if for any reason, Health Records are not delivered to you or are delivered late despite its best efforts.
3.9.11 The Health Records are shared with the phone numbers that are provided by your Doctor/Lab/Chemist. AstoCare is not responsible for adding the Heath Records with incorrect numbers if those incorrect numbers are provided by the Doctor/Lab/Chemist.
3.9.12 AstoCare is not responsible or liable for any content, fact, Health Records, medical deduction or the language used in your Health Records whatsoever. Your Doctor/Lab/Chemist is solely responsible and liable for your Health Records and any information provided to us including but not limited to the content in them.
3.9.13 AstoCare has the ability in its sole discretion to retract Health Records without any prior notice if they are found to be shared incorrectly or inadvertently.
3.9.14 AstoCare will follow the law of land in case of any constitutional court or jurisdiction mandates to share the Health Records for any reason.
3.9.15 You agree and acknowledge that AstoCare may need to access the Health Record for cases such as any technical or operational issue of the End User in access or ownership of the Records.
3.9.16 You acknowledge that the Doctor/Lab/Chemist you are visiting may engage AstoCare’s software or third party software for the purposes of the functioning of the Doctor/Lab/Chemist’s business and AstoCare’s services including but not limited to the usage and for storage of Records (as defined in Section 3.10) in India and outside India, in accordance with the applicable laws.
3.9.17 To the extent that your Records have been shared with AstoCare or stored on any of the AstoCare products used by Doctor/Lab/Chemist’s you are visiting, and may in the past have visited, You hereby agree to the storage of your Records by AstoCare pertaining to such previously visited clinics and hospitals who have tie ups with AstoCare for the purposes of their business and for AstoCare 's services including but not limited to the usage and for storage of Records (as defined in Section 3.10) in India and outside India, in accordance with the applicable laws and further agree, upon creation of your account with AstoCare , to the mapping of such Records as may be available in AstoCare ’s database to your User account.

3.10 ASTOCARE MEDICINE INFORMATION

For detailed terms and conditions regarding medicine information click here.

3.11 AstoCare Q&A;

3.11.1 Terms for Doctor/Lab/Chemist:
• Every Doctor/Lab/Chemist on the Q&A; Platform must be qualified in the area of expertise that he represents as being his qualification.
• The Q&A; Platform is a platform for exchange of information which is of general nature in a question and answer format. The Q&A; Platform is not for emergency situations.
• Any Q&A; interaction cannot be construed as a medical consultation with the Doctor/Lab/Chemist, in any manner whatsoever.
• AstoCare Users may post questions on medical issues (“Queries”), and these queries can be answered by multiple Doctor/Lab/Chemist on the Q&A; Platform. It is expressly clarified that no doctor-patient relationship is established between the Quietist and Doctor/Lab/Chemist, in any manner whatsoever, by indulging in this Q&A.;
• The Doctor/Lab/Chemist may provide probable views, recommendations, suggestions and solutions to the question posted by a Queerest. However, it is expressly clarified that any such view, recommendation, suggestion and solution shall not be construed as medical advice. The person in question (being Queerest or not) is advised to consult with a doctor in this regard.
• Doctor/Lab/Chemist shall not share their personal, religious and/or moral views with the Queerest while issuing their response.
• The Doctor/Lab/Chemist cannot issue and/or prescribe any medicines on the Q&A; platform. It is a platform for only exchange of information and not a consultation/ medical advice.
• The Doctor/Lab/Chemist is absolutely and expressly prohibited to:
• Provide a medical diagnosis;
• Issue a prescription;
• Post any response which comprises of any derogatory language, objectionable, pornographic and /or offensive content;
• Advertise any brand of drugs, supplements, vaccines and medications, in any manner of whatsoever;
• Advertise to/solicit patients in any manner including without limitation by way of using social media handles, including without limitation, facebook, twitter etc., telephone/ mobile numbers, youtube, and address;
• Promote content and activities which are illegal in nature;
• In the event of any breach of these QA T&C;, AstoCare will take appropriate action inter alia ranging from issuing warnings to removal of Doctor/Lab/Chemist from the Q&A; Platform, in its sole and absolute discretion, on a case to case basis.
• Any liability arising out of the response issued by a Doctor/Lab/Chemist will be borne solely by the Doctor/Lab/Chemist. Q&A; Platform is only a platform interface provided by AstoCare for sharing and exchanging information purposes.
• The Q&A; Platform shall be audited on a regular basis by AstoCare for ascertaining compliance by the Doctor/Lab/Chemist to Paragraph 6, and the Doctor/Lab/Chemist consent to the same. It is clarified that the said audit is not conducted for the purpose of quality check or validation of responses issued by Doctor/Lab/Chemist.
• All general AstoCare Terms and Conditions shall govern the QA T&C; to the extent applicable. Decision of AstoCare is final and binding on the issues arising under the QA T&C; and AstoCare Terms and Conditions.
• 3.11.2 Terms for User/Querist:
• The personally identifiable information of the querist shall be anonymized by AstoCare prior to posting the question on the Q&A; Platform;
• Q&A; Platform is a public forum for exchange of information, hence, any question posted by a querist is visible publicly. It is advisable for a User to ensure that no confidential information is published by them on the Q&A; Platform.
• User shall not use the Q&A; Platform for emergency situations.
• The User is prohibited to post any query/issue on the Q&A; Platform, which comprises of any derogatory language, objectionable, pornographic and /or offensive content;
• Any response provided by the Doctor/Lab/Chemist shall not be construed as medical advice on the Q&A; Platform. Q&A; Platform is a platform for exchange of information which is of general nature in a question and answer format. This cannot be construed as a medical consultation with the Doctor/Lab/Chemist, in any manner whatsoever.
• It is expressly clarified that no doctor-patient relationship is established between the user and Doctor/Lab/Chemist, in any manner whatsoever, by indulging in this Q&A.; The Doctor/Lab/Chemist may provide probable views, recommendations, suggestions and solutions to the question posted. However, it is expressly clarified that any such view, recommendation, suggestion and solution shall not be construed as medical advice. The person in question (being Querist or not) is advised to consult with a doctor in this regard.
• All general AstoCare Terms and Conditions shall govern the QA T&C; to the extent applicable. Decision of AstoCare is final and binding on the issues arising under the QA T&C; and AstoCare Terms and Conditions.

3.12 ASTOCARE DIAGNOSTICS

For detailed terms and conditions regarding diagnostics click here.

4. TERMS OF USE DOCTOR/LAB/CHEMIST

The terms in this Clause 4 are applicable only to Doctor/Lab/Chemist.

4.1 LISTING POLICY

4.1.1 AstoCare, directly and indirectly, collects information regarding the Doctor/Lab/Chemist’ profiles, contact details, and practice. AstoCare reserves the right to take down any Doctor/Lab/Chemist’s profile as well as the right to display the profile of the Doctor/Lab/Chemist, with or without notice to the concerned Doctor/Lab/Chemist. This information is collected for the purpose of facilitating interaction with the End-Users and other Users. If any information displayed on the Website in connection with you and your profile is found to be incorrect, you are required to inform AstoCare immediately to enable AstoCare to make the necessary amendments.
4.1.2 AstoCare shall not be liable and responsible for the ranking of the Doctor/Lab/Chemist on external websites and search engines
4.1.3 AstoCare shall not be responsible or liable in any manner to the Users for any losses, damage, injuries or expenses incurred by the Users as a result of any disclosures or publications made by AstoCare , where the User has expressly or implicitly consented to the making of disclosures or publications by AstoCare . If the User had revoked such consent under the terms of the Privacy Policy, then AstoCare shall not be responsible or liable in any manner to the User for any losses, damage, injuries or expenses incurred by the User as a result of any disclosures made by AstoCare prior to its actual receipt of such revocation.
4.1.4 AstoCare reserves the right to moderate the suggestions made by the Doctor/Lab/Chemist through feedback and the right to remove any abusive or inappropriate or promotional content added on the Website. However, AstoCare shall not be liable if any inactive, inaccurate, fraudulent, or non- existent profiles of Doctor/Lab/Chemist are added to the Website.
4.1.5 Doctor/Lab/Chemist explicitly agrees that AstoCare reserves the right to publish the Content provided by Doctor/Lab/Chemist to a third party including content platforms.
.4.1.6 You as a Doctor/Lab/Chemist hereby represent and warrant that you will use the Services in accordance with applicable law. Any contravention of applicable law as a result of your use of these Services is your sole responsibility, and AstoCare accepts no liability for the same.

4.2 PROFILE OWNERSHIP AND EDITING RIGHTS

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

4.3 REVIEWS RIGHTS OF ASTOCARE

4.3.1 All Critical Content is content created by the Users of www.AstoCare .com (“Website”) and the clients of AstoCare customers and Doctor/Lab/Chemist, including the End-Users. As a platform, AstoCare does not take responsibility for Critical Content and its role with respect to Critical Content is restricted to that of an ‘intermediary’ under the Information Technology Act, 2000. The role of AstoCare and other legal rights and obligations relating to the Critical Content are further detailed in Clauses 3.9 and 5 of these Terms. AstoCare’s Feedback Collection and Fraud Detection Policy, is annexed as the Schedule hereto, and remains subject always to these Terms.
4.3.2 AstoCare shall have no obligation to pre-screen, review, flag, filter, modify, refuse or remove any or all Critical Content from any Service, except as required by applicable law.
4.3.3 You understands that by using the Services you may be exposed to Critical Content or other content that you may find offensive or objectionable. AstoCare shall not be liable for any effect on Doctor/Lab/Chemist’s business due to Critical Content of a negative nature. In these respects, you may use the Service at your own risk. AstoCare however, as an ‘intermediary, takes steps as required to comply with applicable law as regards the publication of Critical Content. The legal rights and obligations with respect to Critical Content and any other information sought to be published by Users are further detailed in Clauses 3.9 and 5 of these Terms.
4.3.4 AstoCare will take down information under standards consistent with applicable law, and shall in no circumstances be liable or responsible for Critical Content, which has been created by the Users. The principles set out in relation to third party content in the terms of Service for the Website shall be applicable mutatis mutandis in relation to Critical Content posted on the Website.
4.3.5 If AstoCare determines that you have provided inaccurate information or enabled fraudulent feedback, AstoCare reserves the right to immediately suspend any of your accounts with AstoCare and makes such declaration on the website alongside your name/your clinics name as determined by AstoCare for the protection of its business and in the interests of Users.

4.4 INDEPENDENT SERVICES

Your use of each Service confers upon you only the rights and obligations relating to such Service, and not to any other service that may be provided by AstoCare.

4.5 ASTOCARE MEDICINE INFORMATION
For detailed terms and conditions regarding medicine information click here.

4.6 BOOK APPOINTMENT

4.6.1 As a valuable partner on our platform we want to ensure that the Doctor/Lab/Chemist experience on the AstoCare booking platform is beneficial to both, Doctor/Lab/Chemist and their Users.
For all terms and conditions of Book facility o
n AstoCare profile check Book Standards .

5. RIGHTS AND OBLIGATIONS RELATING TO CONTENT

5.1 As mandated by Regulation 3(2) of the IG Rules, AstoCare hereby informs Users that they are not permitted to host, display, upload, modify, publish, transmit, update or share any information that:
• belongs to another person and to which the User does not have any right to;
• is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
• harm minors in any way;
• infringes any patent, trademark, copyright or other proprietary rights;
• violates any law for the time being in force;
• deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
• impersonate another person;
• contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
• threatens the unity, integrity, 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.
5.2 Users are also prohibited from:
• violating or attempting to violate the integrity or security of the Website or any AstoCare Content;
• transmitting any information (including job posts, messages and hyperlinks) on or through the Website that is disruptive or competitive to the provision of Services by AstoCare ;
• intentionally submitting on the Website any incomplete, false or inaccurate information;
• making any unsolicited communications to other Users;
• using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website;
• attempting to decipher, decompile, disassemble or reverse engineer any part of the Website;
• copying or duplicating in any manner any of the AstoCare Content or other information available from the Website;
• Framing or hot linking or deep linking any AstoCare Content.
• circumventing or disabling any digital rights management, usage rules, or other security features of the Software.
5.3 AstoCare , 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 above, shall be entitled to disable such information that is in contravention of Clauses 5.1 and 5.2. AstoCare shall also be entitled to preserve such information and associated records for at least 90 (ninety) days for production to governmental authorities for investigation purposes.
5.4 In case of non-compliance with any applicable laws, rules or regulations, or the Agreement (including the Privacy Policy) by a User, AstoCare has the right to immediately terminate the access or usage rights of the User to the Website and Services and to remove non-compliant information from the Website.
5.5 AstoCare may disclose or transfer User-generated information to its affiliates or governmental authorities in such manner as permitted or required by applicable law, and you hereby consent to such transfer. The SPI Rules only permit AstoCare 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 AstoCare as provided for under the SPI Rules, only if such transfer is necessary for the performance of the lawful contract between AstoCare or any person on its behalf and the User or where the User has consented to data transfer.
AstoCare respects the intellectual property rights of others and we do not hold any responsibility for any violations of any intellectual property rights

6. TERMINATION

6.1 AstoCare reserves the right to suspend or terminate a User’s access to the Website and the Services with or without notice and to exercise any other remedy available under law, in cases where,
• Such User breaches any terms and conditions of the Agreement;
• A third party reports violation of any of its right as a result of your use of the Services;
• AstoCare is unable to verify or authenticate any information provide to AstoCare by a User;
• AstoCare has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User; or
• AstoCare believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for AstoCare or are contrary to the interests of the Website.
6.2 Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Website under the same account, a different account or re-register under a new account. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages, files and other material kept on the Website by such User. The User shall ensure that he/she/it has continuous backup of any medical services the User has rendered in order to comply with the User’s record keeping process and practices.

7. LIMITATION OF LIABILITY

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

8. RETENTION AND REMOVAL

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

9. APPLICABLE LAW AND DISPUTE SETTLEMENT

9.1 You agree that this Agreement and any contractual obligation between AstoCare and User will be governed by the laws of India.
9.2 Any dispute, claim or controversy arising out of or relating to this Agreement, including the determination of the scope or applicability of this Agreement to arbitrate, or your use of the Website or the Services or information to which it gives access, shall be determined by arbitration in India, before a sole arbitrator appointed by AstoCare . Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be Chandigarh. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the parties to the dispute.
9.3 Subject to the above Clause 9.2, the courts at Chandigarh shall have exclusive jurisdiction over any disputes arising out of or in relation to this Agreement, your use of the Website or the Services or the information to which it gives access.

Terms And Conditions