TERMS OF USE
1. Introduction
1.1.
The primary objective of Catex Medicare Pvt. Ltd. under their brand name Catex Health is
to provide technology services to doctors and patients that will ensure that
patients are able to access the right treatment at the right cost, improve
clinical outcomes and their health.
1.2.
These terms and conditions of use have
been created to protect the interests of all stakeholders including patients,
doctors, website visitors and other users of these services. These terms of use
will apply to all your actions on the Catex Health websites, mobile
applications and other related services provided by the company.
1.3.
All users including doctors and patients
must agree with these terms that are available on the website.
2.
Agreement
2.1.
All users while registering, accessing,
or using our Services agree to enter into a legally binding contract with Catex
Medicare.
2.2.
Any users that do not agree to these
Terms may not register, access, or otherwise use any of the services provided
by Catex Medicare.
2.3.
A hospital must accept these terms and
conditions on behalf of their doctors
and registered medical practitioners along with proper documentation that
provides them with the legal authorisation to do so.
2.4.
These Terms along with the other policies
and terms mentioned in this document constitute the entire agreement between Catex
Medicare and its users.
2.5.
Any delay or failure in exercising its
rights by Catex Medicare does not result in the waiving of these rights under
these Terms, and they may be enforced at any time in the future.
2.6. All
patients and buyers of services acknowledge and confirm that Catex Medicare
shall not be held liable for the treatment and advice provided by the
registered medical practitioner chosen by them.
2.7. All
users understand and agree that all interactions and associated transactions
between them are exclusive to a doctor-patient relationship contract between them
and the doctor. Catex Medicare will not be privy to the doctor-patient
relationship and is in no manner responsible for the medical advice, clinical
outcomes and service issues resulting and outcomes from the doctor-patient
contract.
3.
Accounts
3.1. Every
user of the Catex Medicare services will need to create their account on the Catex
Medicare platform which is password protected. It is the responsibility of the
account holder to maintain confidentiality of their account and ensure that the
passwords are not shared or misused. Catex
Medicare will not be responsible for any damages accruing to the account
holders on account of the password leakage or misuse at their end.
3.2. It
is the account holders responsibility to provide accurate information while
setting up their accounts and they will be solely responsible for any or all
consequences of such information.
3.3. These
accounts are not transferable.
3.4.
Young people below the age of 18 are
considered as minors and cannot enter any contract, hence are not eligible to
open an account on Catex Medicare. However, their parents or legal guardians
can open an account on their behalf.
3.5.
Any violation of this will result in
termination of the said account by Catex Medicare as soon as it is brought to
their attention.
3.6.
Any account holder can terminate their
account at any time, by sending an email request to admin@catexhealth.com
Payments
3.7. All payments will be received online through the integrated payment gateway in the Catex Medicare website. Catex Medicare is not responsible for any problems arising from the use of the payment gateway which is not under their control. In case the consumer /payor/patient is not satisfied with the service they can ask for a refund as per the refund policy (clause 6).
4.
Pricing
4.1.
All prices are listed in INR.
4.2.
All government taxes and levies
including sales tax, goods and services tax, or value added tax will be charges
as applicable. Catex Medicare will collect and remit such taxes tax to the proper tax authorities.
5.
Payments
5.1.
Buyers of services agree to pay the charges
for consultation or other services and authorize Catex Medicare to charge their
debit or credit card or process other means of payment (direct debit, or mobile
wallet) for that fees.
5.2.
While purchasing a service
patients/buyers must agree not to use an invalid or unauthorized payment
method. In case the payment method fails and the patients/buyer still avails
the service, they agree to pay Catex Medicare the corresponding fees within
thirty (30) days of notification. In case payment is not received, Catex
Medicare reserves the right to disable access to the users account.
6. Refund policy
6.1.
Any buyer of the services can ask for
refund of payment in case they are not satisfied by the service within 24 hours
of availing the service. Catex Medicare will refund the amount without raising
any queries as under:
100%
after deduction of payment gateway charges
After 24
hours No refund will be paid
6.2.
To request a refund, please write a mail
to accounts@catexhealth.com
with all details of the transaction and the service paid for.
6.3.
All users including registered medical
practitioners, patients and buyers of the services must agree with the refund
policy stated above.
6.4.
In case Catex Medicare discovers that
the patient or buyer is abusing the refund policy, then at their own
discretion Catex Medicare may suspend or disable their account after providing
proper notice. In such case the patient
or buyer will not be entitled for any refund.
7.
Using
Catex Medicare at Own Risk
7.1. All
users including medical professionals, registered medical professionals,
patients and other users who access the Catex Medicare platform, website or any
other service do so at their own risk.
7.2. Catex
Medicare does not assert editorial control, review or edit content available on
the website and hence does not guarantee in any manner the reliability,
validity, accuracy, or truthfulness of the content.
7.3. All
patients and payors of medical services do so on the basis of the information provided by the doctor
or registered medical practitioner at their own risk.
7.4. Catex Medicare does not hire or employ doctors
or registered medical practitioners and hence is not responsible or liable for
any interactions involved between them and the patients.
7.5. Catex Medicare is not party or liable
for disputes, claims, losses, injuries, or damage of any kind that might arise
out of or relate to the conduct of doctors or registered medical practitioners
or patients.
7.6. Catex Medicare website provides links to
resources that are available on other websites for reference purposes but is
not responsible for their content or any other aspect of these third-party
sites. All users are cautioned to use adequate due diligence while accessing and
using these websites.
7.7. While
Catex Medicare endeavours to protect any information uploaded or shared by you
on the Website, Catex Medicare will not be held liable or responsible for any
loss or damage to such information stored by Catex Medicare. It is
your responsibility to ensure that your information, medical or otherwise has
been backed-up and stored by you on your hard-drive or other appropriate
back-up/storage device.
7.8. Catex
Medicare agrees that it will maintain confidentiality of patient information
data and will not share it with any third party without the consent of the
patient or the hospital or the registered medical practitioner.
8.
The
rights of Catex Medicare
8.1. The Catex Medicare platform and Services, including the website, present or
future apps and services, logos, API, code, and content created by employees
except content provided by the Registered Medical Practitioners is owned by
Catex Medicare Pvt. Ltd.
8.2.
Any unauthorized use or tampering is not
allowed and Catex Medicare reserves the right to take legal measure to protect
itself from all such violations.
8.3. No patient, doctor, registered medical
professional, website visitor has any right to use the Catex Medicare name or
trademarks, logos, domain names, and other distinctive brand features. Any
feedback, comments, or suggestions provided is entirely voluntary and Catex
Medicare reserves the right to use these in any way it deems any obligation to
the providers of such information.
8.4.
The following actions are not allowed
and Catex Medicare will initiate legal action to protect its interests in case
any user is found to be indulging in such actions and activities:
·
Unauthorised access and tampering with the backend of the platform
(including content storage), computer systems or delivery systems of Catex
Medicare .
·
Disabling, interfering with, or trying
to circumvent the security features or probing, scanning and testing the
vulnerability of our systems.
·
Copying, modifying, reverse engineering,
reverse assembling including any attempt
to discover the source code or content on the Catex Medicare platform or its
Services.
·
Accessing, scrapping, using a spider
or robot, or using any other automated
means to access the Services of Catex Medicare
· Impersonating ,sending false
information or disrupting the access of any user, host, or network, including
sending a virus, overloading, flooding, spamming, or mail-bombing the platforms
or in any other manner that will interfere with ability of the Catex Medicare platform
to provide its services.
9.
Disclaimers
9.1.
The services on Catex Medicare are
provided on an “as is” and “as
available” basis. Catex Medicare makes
no representations or warranties about the suitability, reliability,
availability, timeliness, security, lack of errors, or accuracy of the Services
or their content, and expressly disclaim any warranties or conditions (express
or implied), including implied warranties of merchantability, fitness for a
particular purpose, title, and non-infringement.
9.2. Catex
Medicare makes no warranty that users
will obtain specific results from use of the Services.
9.3.
Users use of
the Services (including any content) is entirely at their own risk.
9.4.
Catex Medicare reserves the right to
stop certain services or certain features of the Services at any time and for
any reason.
9.5.
Catex Medicare will not be liable for
any damages due to such interruptions or lack of availability of some features.
9.6.
Catex Medicare will not responsible for
delay or failure of the platform or its services that are caused by events
beyond reasonable control, like an act
of war, hostility, or sabotage; natural disaster; electrical, internet, or
telecommunication outage; or government restrictions.
9.7.
Despite the best efforts by Catex
Medicare due to technical reasons the services provided by the platform may be
disrupted temporarily. In such instances Catex Medicare will not be responsible
for any damage or loss sustained by any
user.
10. Limitation of Liability
10.1.Catex
Medicare will not be liable for any
indirect, incidental, punitive, or consequential damages (including loss of
data, revenue, profits, or business opportunities, or personal injury or
death), whether arising in contract, warranty, tort, product liability, or
otherwise, and even if advised of that possibility of damages in advance.
10.2.The maximum liability of Catex
Medicare is limited to one thousand INR
or the amount received from the payor for that service whichever is greater.
11. Indemnification
11.1.All
users agree to indemnify, defend (on request), and hold harmless Catex Medicare
and their officers, directors, employees from any third-party claims, demands,
losses, damages, or expenses (including reasonable attorney fees) arising from
their action that include:
·
Content posted or submitted
·
Use of the Services
·
Violation of these Terms
·
Violation of any rights of a third
party.
11.2.The
users indemnification obligation will survive the termination of these Terms
and their use of these Services.
12. Governing Law and Jurisdiction
12.1.These
Terms are governed by the laws of India.
13. Legal Actions and Notices
13.1.No party
can claim any legal action regardless of form, arising out of or relating to
this Agreement , one (1) year after the cause of action has accrued.
13.2.All
notices and communications shall be provided in writing by registered mail
return receipt requested, or email.
14. Nature of Relationship
14.1.All
users including patient, doctor, registered medical professional, website
visitor agree that no joint venture, partnership, employment, contractor, or
agency relationship exists between them and Catex Medicare .
15. Non Transferrable
15.1.No user
or account holder can assign or transfer their account or the rights and
licenses granted under them to any other party.
15.2.These
Terms confer no right, benefit, or remedy to any third-party person or entity.
16. Dispute Resolution
16.1.The support team at Catex Medicare will do their
best to resolve all disputes amicably.
16.2.All
users agree that in cases of non-resolution, the case will be dealt by
arbitration at New Delhi, India.
17. No Class Actions
17.1.All
parties agree to bring claims against the other on an individual basis.
17.2.No class
action can be instituted by any party and combination of multiple people’s claims into a single
case will not be carried out.
18. Updating These Terms
18.1.
From time to time, Catex Medicare may
update these Terms to reflect new or different practices like addition of new
features etc.
18.2.
Catex Medicare reserves the right at its
sole discretion to modify and/or make changes to these Terms at any time. Any
material change, will be notified by email notice sent to the registered email
address in the user’s account..
18.3.
Continued use of Services after changes
become effective by the users, shall mean that all changes have been accepted.
18.4.
All revised Terms shall supersede previous Terms.
19. How to Contact Us
19.1.
Contact our Support
Team (info@catexhealth.com) for any questions, concerns, and feedback about our
Services.
19.2.
We would like to thank all users for utilising
our services