Terms And Conditions Governing The Use Of LivingNeeds Healthcare Services
LivingNeeds Healthcare (“LivingNeeds”) is the author and publisher of the internet resource
www.livingneeds.org and the mobile application ‘LivingNeeds’ (together, “Website &
Application”). LivingNeeds Healthcare owns and operates the services provided through the
Website & Application.
NATURE AND APPLICABILITY OF TERMS
Please carefully go through these terms and conditions (“Terms”) and the privacy policy
available at https://www.livingneeds.org/livingneeds_termsandconditions.php (“Privacy
Policy”)before you decide to access the Website & Application or avail the services made
available on the Website &Application by LivingNeeds Healthcare. These Terms and the Privacy
Policy together constitute a legal agreement(“Agreement”) between you and LivingNeeds Healthcare
in connection with your visit to the Website & Application and your use of the Services (as
defined below). The Agreement applies to you whether you are -
A medical practitioner or health care provider (whether an individual professional or an
organization) or similar institution wishing to be listed, or already listed, on the Website
&Application, including designated, authorized associates of such practitioners or institutions
(“Practitioner(s)”, “you” or “User”); or
A patient, his/her representatives or affiliates, accessing prescriptions or booking
appointments through the Website & Application (“End-User”, “you” or “User”); or
Otherwise a user of the Website & Application (“you” or “User”).
This Agreement applies to those services made available by Q UP on the Website &
Application,which are offered free of charge to the Users (“Services”), including the following:
APPLICABILITY TO USERS
For Practitioners: Listing of Practitioners and their profiles and contact details, to be made
available to the other Users and visitors to the Website & Application; For other Users:
Facility to
Access Prescriptions,
search for Practitioners by name, specialty, and geographical area, or any other criteria that
may be developed and made available by LivingNeeds Healthcare, and
to make appointments with Practitioners.
The Services may change from time to time, at the sole discretion of LivingNeeds Healthcare, and
the Agreement will apply to your visit to and your use of the Website &Application to avail the
Service, as well as to all information provided by you on the Website &Application at any given
point in time. This Agreement defines the terms and conditions under which you are allowed to
use the Website & Application and describes the manner in which wes hall treat your account
while you are registered as a member with us. If you have any questions about any part of the
Agreement, feel free to contact us at support@livingneds.org . By downloading or accessing the
Website & Application 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 & Application, 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 & Application 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
theWebsite & Application 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
thisAgreement for availing any of the Services offered by us. If you do not agree with any part
of theAgreement, please do not use the Website & Application or avail any Services. Your access
to use of the Website & Application and the Services will be solely at the discretion of
LivingNeeds Healthcare.
CONDITIONS OF USE
You must be 18 years of age or older to register, use the Services, or visit or use the Website
& Application in any manner. By registering, visiting and using the Website & Application or
accepting this Agreement, you represent and warrant to LivingNeeds Healthcare that you are 18
years of age or older, and that you have the right, authority and capacity to use the Website &
Application and theServices available through the Website & Application, and agree to and abide
by this Agreement.
TERMS OF USE APPLICABLE TO ALL USERS OTHER THAN PRACTITIONERS
The terms in this Clause 3 are applicable only to Users other than Practitioners.
END-USER ACCOUNT AND DATA PRIVACY
The terms “personal information” and “sensitive personal data or information”are defined under
the SPI Rules, and are reproduced in the Privacy Policy.
LivingNeeds Healthcare may by its Services, collect information relating to the devices through
which you access the Website & Application, and anonymous data of your usage.The collected
information will be used only for improving the quality of LivingNeeds Healthcare's services and
to build new services.
The Website & Application/Application allows LivingNeeds Healthcare to have access to User's
personal email or phone number, for communication purpose so as to provide you a better way of
booking appointments.
The Privacy Policy sets out, inter-alia:
i. The type of information collected from Users, including sensitive personal data or
information;
ii. The purpose,means and modes of usage of such information;
iii. How and to whom LivingNeeds Healthcare will disclose such information; and,
iv. Other information mandated by the SPI Rules.
The User is expected to read and understand the Privacy Policy, so as to ensure that he or she
has the knowledge of, inter-alia:
i. the fact that certain information is being collected;
ii. the purpose for which the information is being collected;
iii. the intended recipients of the information;
iv. the nature of collection and retention of the information; and
v. the name and address of the agency that is collecting the information and the agency that
will retain the information; and
vi. the various rights available to such Users in respect of such information.
LivingNeeds Healthcare 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
LivingNeeds Healthcare or to any other person acting on behalf of LivingNeeds Healthcare.
The User is responsible for maintaining the confidential it yof the User’s account access
information and password, if the User is registered on the Website & Application. 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 LivingNeeds Healthcare of any actual or suspected
unauthorized use of the User’s account or password. Although LivingNeeds Healthcare will not be
liable for your losses caused by any unauthorized use of your account, you may be liable for the
losses of LivingNeeds Healthcare or such other parties as the case may be, due to any
unauthorized use of your account.
If a User provides any information that is untrue,inaccurate, not current or incomplete (or
becomes untrue, inaccurate, not current or incomplete), or LivingNeeds Healthcare has reasonable
grounds to suspect that such information is untrue, inaccurate,not current or incomplete,
LivingNeeds Healthcare has the right to discontinue the Services to the User at its sole
discretion.
LivingNeeds Healthcare may use such information collected from the Users from time to time for
the purposes of debugging customer support related issues.
LISTING CONTENT AND DISSEMINATING INFORMATION
LivingNeeds Healthcare collects, directly or indirectly, and display son the Website &
Application,relevant information regarding the profile and practice of the Practitioners listed
on the Website & Application, such as their specialization, qualification, fees,location,
visiting hours, and similar details. LivingNeeds Healthcare takes reasonable efforts to ensure
that such information is updated at frequent intervals. Although LivingNeeds Healthcare screens
and vets the information and photos submitted by the Practitioners, it cannot be held liable for
any inaccuracies or incompleteness represented from it,despite such reasonable efforts.
The Services provided by LivingNeeds Healthcare 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). LivingNeeds Healthcare does not provide or make any
representation,warranty or guarantee, express or implied about the Website & Application or
theServices. LivingNeeds Healthcare does not guarantee the accuracy or completeness of any
content or information provided by Users on the Website & Application. To the full est extent
permitted by law, LivingNeeds Healthcare disclaims all liability arising out of the User’s use
or reliance upon the Website & Application, the Services, representations and warranties made by
other Users, the content or information provided by the Users on the Website & Application, or
any opinion or suggestion given or expressed by LivingNeeds Healthcare or any User in relation
to any User or services provided by such User.
The Website & Application may be linked to the Website & Application of third parties,
affiliates and business partners. LivingNeeds Healthcare has no control over, and not liable or
responsible for content, accuracy, validity, reliability, quality of such Website & Applications
or made available by/through our Website & Application. Inclusion of any link on the Website &
Application does not imply that LivingNeeds Healthcare endorses the linked site. User may use
the links and these services at User’s own risk.
LivingNeeds Healthcare 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 & Application or the downloading of any material, data,text, images, video content,
or audio content from the Website & Application. If a User is dissatisfied with the Website &
Application, User’s sole remedy is to is continue using the Website & Application.
If LivingNeeds Healthcare determines that you have provided fraudulent, inaccurate, or
incomplete information, including through feedback, LivingNeeds Healthcare reserves the right to
immediately suspend your access to the Website & Application or any of your accounts with
LivingNeeds Healthcare and makes such declaration on the Website & Application alongside your
name/your clinic’s name as determined by LivingNeeds Healthcare for the protection of its
business and in the interests of Users. You shall be liable to indemnify LivingNeeds Healthcare
for any losses incurred as a result of your misrepresentations or fraudulent feedback that has
adversely affected LivingNeeds Healthcare or its Users.
BOOK APPOINTMENT
LivingNeeds Healthcare enables Users to connect with Practitioners through one method: a) Book
facility that allows Users book an appointment through the Application;
LivingNeeds Healthcare will ensure Users are provided confirmed appointment on the Book
facility.However, LivingNeeds Healthcare has no liability if such an appointment is later
cancelled by the Practitioner, or the same Practitioner is not available for appointment.
Without prejudice to the generality of the above, LivingNeeds Healthcare is not involved in
providing any healthcare or medical advice or diagnosis and hence is not responsible for any
interactions between User and the Practitioner. User understands and agrees that LivingNeeds
Healthcare will not be liable for:
i. User interactions and associated issues User has with thePractitioner;
ii. the ability or intent of the Practitioner(s) or the lack of it, in fulfilling their
obligations towards Users;
iii. any wrong medication or quality of treatment being given by the Practitioner(s), or any
medical negligence on part of the Practitioner(s);
iv. inappropriate treatment, or similar difficulties or any type of inconvenience suffered by
the User due to a failure on the part of the Practitioner to provide agreed Services;
v. any misconduct or inappropriate behavior by the Practitioner or the Practitioner’s staff;
vi. cancellation or no show by the Practitioner or rescheduling of booked appointment or any
variation in the fees charged.
vii. LivingNeeds Healthcare reserves the right to make the final decision incase of a conflict.
The total aggregate liability of LivingNeeds Healthcare with respect to any claims made herein
shall be INR 200.
CONTENT OWNERSHIP AND COPYRIGHT CONDITIONS OF ACCESS
LivingNeeds Healthcare enables Users to connect with Practitioners through one method: a) Book
facility that allows Users book an appointment through the Application;
The contents listed on the Website & Application are (i) User generated content, or (ii) belong to LivingNeeds Healthcare. The information that is collected by LivingNeeds Healthcare directly or indirectly from the End- Users and the Practitioners shall belong to LivingNeeds Healthcare. Copying of the copyrighted content published by LivingNeeds Healthcare on the Website &Application for any commercial purpose or for the purpose of earning profit will be a violation of copyright and ;LivingNeeds Healthcare reserves its rights under applicable law accordingly. LivingNeeds Healthcare authorizes the User to view and access the content available on or from the Website & Application & Application solely for ordering, receiving, delivering and communicating only as per this Agreement. The contents of the Website &Application, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on theWebsite & Application (collectively, "LivingNeeds Healthcare Content"), are the property of LivingNeeds Healthcare and are protected under copyright, trademark and other laws. User shall not modify the LivingNeeds Healthcare Content or reproduce, display, publicly perform, distribute, or otherwise use the LivingNeeds Healthcare Content in any way for any public or commercial purpose or for personal gain. User shall not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
RECORDS OR PRESCRIPTION ACCESS
LivingNeeds Healthcare may provide End-Users with a free facility known as ‘Records’ or
‘Prescription’ on itsWebsite & Application and mobile application ‘LivingNeeds Healthcare’.
Information available in your Records is of two types: i. User-created: Information uploaded by
you or information generated during your interaction with LivingNeeds Healthcare ecosystem, eg:
appointment. ii. Practice-created: Health Records generated by your interaction with a
Practitioner who uses ‘LivingNeeds Healthcare’ or other Services of LivingNeeds Healthcare
services.
All Health records created either on the Website & Application or on the in clinic application are based upon your consent. Such consent is deemed to be given when you visit the Website &Application or the clinic. It is the sole responsibility of the clinic to make patients aware that the said establishment uses LivingNeeds Healthcare software and services. LivingNeeds Healthcare will not be held liable for the failure of such communication from Hospital/Doctor/Clinic/practitioner. If you want to create your record please inform the clinic or doctor expressly. In the case that you may wish to remove such a record you may contact us on support@livingneeds.org .
The specific terms relating to such Health Account are as below, without prejudice to the rest of
these Terms and the Privacy Policy:
Your Records is only created after you have signed up and explicitly accepted theseTerms.
Any Practice created Health Record is provided on an as-is basis at the sole intent,risk and
responsibility of the Practitioner and LivingNeeds Healthcare does not validate the said
information and makes no representation in connection therewith. You should contact the
relevantPractitioner in case you wish to point out any discrepancies or add, delete, or modify
theHealth Record in any manner.
The Health Records are provided on an as-is basis.While we strive to maintain the highest levels
of service availability, LivingNeeds Healthcare is not liable for any interruption that may be
caused to your access of the Services.
The reminder provided by the Records is only a supplementary way of reminding you to perform
your activities as prescribed by your Practitioner.
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. LivingNeeds Healthcare is not responsible for any loss or inconvenience caused due
to your failure in updating the contact details with LivingNeeds Healthcare.
LivingNeeds Healthcare uses industry–level security and encryption to your Health Records.
However, LivingNeeds Healthcare 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 LivingNeeds Healthcare of such
unauthorized use or access. Please safeguard your login credentials and report any actual
suspected breach of account to support@livingneeds.org
If you access your dependents’ Health Records by registering your dependents with your own
credentials, 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. LivingNeeds Healthcare and its officers against any such claim or
liability arising out of unauthorized use of such information.
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 Practitioners will continue to be stored in their respective accounts.
You may lose your “User created” record, if the data is not synced with the server.
If the Health Record is unassessed for a stipulated time, you may not be able to access your
Health Records due to security reasons.
LivingNeeds Healthcare is not liable if for any reason, HealthRecords are not delivered to you
or are delivered late despite its best efforts.
The Health Records are shared with the phone numbers that are provided by yourPractitioner.
LivingNeeds Healthcare is not responsible for adding the Heath Records with incorrect numbers if
those incorrect numbers are provided by the Practitioner.
LivingNeeds Healthcare is not responsible or liable for any content,fact, Health Records,
medical deduction or the language used in your Health Records whatsoever. Your Practitioner is
solely responsible and liable for your Health Records and any information provided to us
including but not limited to the content in them.
LivingNeeds Healthcare 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.
LivingNeeds Healthcare will follow the law of land in case of any constitutional court or
jurisdiction mandates to share the Health Records for any reason.
You agree and acknowledge that LivingNeeds Healthcare 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.
TERMS OF USE PRACTITIONERS
The terms in this Clause 4 are applicable only to Practitioners.
LISTING POLICY
LivingNeeds Healthcare , directly and indirectly, collects information regarding the
Practitioners’profiles, contact details, and practice. LivingNeeds Healthcare reserves the right
to take down anyPractitioner’s profile as well as the right to display the profile of the
Practitioners,with or without notice to the concerned Practitioner. This information is
collected for the purpose of facilitating interaction with the End-Users and other Users. If any
information displayed on the Website & Application in connection with you and your profile is
found to be incorrect, you are required to inform LivingNeeds Healthcare immediately to enable
LivingNeeds Healthcare to make the necessary amendments.
LivingNeeds Healthcare shall not be liable and responsible for the ranking of the Practitioners
on external Website & Applications and search engines.
LivingNeeds Healthcare 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 LivingNeeds Healthcare, where the User has expressly or implicitly
consented to the making of disclosures or publications by LivingNeeds Healthcare. If the User
had revoked such consent under the terms of the Privacy Policy, then LivingNeeds Healthcare
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 LivingNeeds Healthcare
prior to its actual receipt of such revocation.
LivingNeeds Healthcare reserves the right to moderate the suggestions made by thePractitioners
through feedback and the right to remove any abusive or inappropriate or promotional content
added on the Website & Application.However, LivingNeeds Healthcare shall not be liable if any
inactive, inaccurate, fraudulent, or non-existent profiles of Practitioners are added to the
Website & Application.
Practitioners explicitly agree that LivingNeeds Healthcare reserves the right to publish
theContent provided by Practitioners to a third party including content platforms.
You as a Practitioner hereby represent and warrant that you will use the Services in accordance
with applicable law. Any contravention of applicable law as a result of your use of these
Services is your sole responsibility, and LivingNeeds Healthcare accepts no liability for the
same.
PROFILE OWNERSHIP AND EDITING RIGHTS
LivingNeeds Healthcare ensures easy access to the Practitioners by providing a tool to update
your profile information. LivingNeeds Healthcare reserves the right of ownership of all the
Practitioner’s profile and photographs and to moderate the changes or updates requested by
Practitioners. However, LivingNeeds Healthcare 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 LivingNeeds Healthcare’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, LivingNeeds Healthcare may modify or delete
parts of your profile information at its sole discretion with or without notice to you.
BOOK APPOINTMENT AND CALL FACILITY
As a valuable partner on our platform we want to ensure that the Practitioners experience on the
LivingNeeds Healthcare booking platform is beneficial to both, Practitioners and heir Users. The
service is extended purely at LivingNeeds Healthcare’s discretion and may be modified or
withdrawn without prior Intimation.
RIGHTS AND OBLIGATIONS RELATING TO CONTENT
As mandated by Regulation 3(2) of the IG Rules, LivingNeeds Healthcare hereby informs Users that
they are not permitted to host, display, upload, modify, publish, transmit, update or share any
information that:
TERMINATION
LivingNeeds Healthcare reserves the right to suspend or terminate a User’s access to the Website
&Application 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 theServices;
LivingNeeds Healthcare is unable to verify or authenticate any information provide to
LivingNeeds Healthcare by a User;
LivingNeeds Healthcare has reasonable grounds for suspecting any illegal, fraudulent or abusive
activity on part of such User; or
LivingNeeds Healthcare believes in its sole discretion that User’s actions may cause legal
liability for such User, other Users or for LivingNeeds Healthcare or are contrary to the
interests of the Website & Application.
Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to
use the Website & Application 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 &
Application by such User. The User shall ensure tha the/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.
LIMITATION OF LIABILITY
In no event, including but not limited to negligence, shall Q UP, 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 &Application or the content, materials and functions related
thereto, the Services, User's provision of information via the Website & Application, lost
business or lost End-Users, even if suchProtected Entity has been advised of the possibility of
such damages.
In no event shall the Protected Entities be liable for:
provision of or failure to provide all or any service by Practitioners to End- Users contacted
or managed through the Website & Application;
any content posted, transmitted, exchanged or received by or on behalf of any User or other
person on or through the Website & Application;
any unauthorized access to or alteration of your transmissions or data; or
Any other matter relating to the Website & Application 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 & Application or the
Services exceed, in the aggregate Rs. 1000/- (Rupees one thousand Only).
RETENTION AND REMOVAL
LivingNeeds Healthcare may retain such information collected from Users from its Website &
Application 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.
APPLICABLE LAW AND DISPUTE SETTLEMENT
You agree that this Agreement and any contractual obligation between LivingNeeds Healthcare and
User will be governed by the laws of India.
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 & Application or the Services or information to which it gives access, shall be
determined by arbitration in India, before a sole arbitrator appointed by LivingNeeds
Healthcare.Arbitration shall be conducted in accordance with the Arbitration and Conciliation
Act,1996. The seat of such arbitration shall be Jodhpur. 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.
Subject to the above Clause 9.2, the courts at Jodhpur shall have exclusive jurisdiction over
any disputes arising out of or in relation to this Agreement, your use of the Website
&Application or the Services or the information to which it gives access.
CONTACT INFORMATION GRIEVANCE OFFICER
If a User has any questions concerning LivingNeeds Healthcare, the Website & Application, this
Agreement,the Services, or anything related to any of the foregoing, LivingNeeds Healthcare
customer support can be reached at the following email address: support@livingneeds.org or via
the contact information available from the following hyperlink: www.livingneeds.org
In accordance with the Information Technology Act,2000, and the rules made thereunder, if you
have any grievance with respect to the Website & Application or the service,including any
discrepancies and grievances with respect to processing of information,you can contact our
Grievance Officer at: Name: Mr. Yashwant Vaishnav Email: yash@livingneeds.org (Ask to be
connected to the GrievanceOfficer) In the event you suffer as a result of access or usage of our
Website & Application by any person in violation of Rule 3 of the IG Rules, please address your
grievance to the above person.
SEVERABILITY
If any provision of the Agreement is held by a court of competent jurisdiction or arbitral
tribunal to be unenforceable under applicable law, then such provision shall be excluded from
this Agreement and the remainder of the Agreement shall be interpreted as if such provision were
so excluded and shall be enforceable in accordance with its terms; provided however that, in
such event, the Agreement shall be interpreted so as to give effect, to the greatest extent
consistent with and permitted by applicable law, to the meaning and intention of the excluded
provision as determined by such court of competent jurisdiction or arbitral tribunal.
WAIVER
No provision of this Agreement shall be deemed to be waived and no breach excused, unless such
waiver or consent shall be in writing and signed by LivingNeeds Healthcare. Any consent by
LivingNeeds Healthcare to, or a waiver by LivingNeeds Healthcare of any breach by you, whether
expressed or implied, shall not constitute consent to, waiver of, or excuse for any other
different or subsequent breach.
YOU HAVE READ THESE TERMS OF USE AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE