Terms and conditions

Welcome to Treateasy.co.in. The domain name and site ‘treateasy.co.in’, an internet based portal and ‘Treateasy’, a mobile application, is owned and operated by Bivaan Healthcare Private Limited, duly incorporated under the provisions of the Companies Act, 2013 (hereinafter, referred to as “Treateasy” or “We” or “Our” or “Us” or “Company”). The domain name, site and mobile application are collectively referred to as “Website”.

NATURE AND APPLICABILITY OF TERMS

Treateasy provide its services subject to the following terms and conditions. Your access or use of the Website, transaction on the Website and use of Services hosted or managed remotely through the Website, are governed by the Terms and Conditions (“Terms”), including the applicable policies such as privacy policy available at  (“Privacy Policy”) which are incorporated herein by way of reference.

It is the responsibility of the User to read these terms and conditions very carefully and go through every time he/she uses the website. Before you may use this website, you must carefully read, go through and accept all these terms and all applicable policies including privacy policy before you decide to access the Website or avail the services made available on the Website by Treateasy. These Terms and the Privacy Policy together constitute a legal binding contract (“Agreement”) between you and Treateasy in connection with your visit to the Website and your use of the Services provided by Treateasy.

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 with us and by downloading, accessing, browsing or in any way transacting on the Website, or availing any Services, you irrevocably accept all the conditions stipulated in this Agreement, the terms and conditions, the privacy policy and all other applicable policies and any changes or amendment therein, as available on the Website, and agree to abide by them and you signify your agreement to be bound by the Terms. Further, by impliedly or expressly accepting these Terms, You also accept and agree to be bound by Treateasy’s policies, including its Privacy Policy, and such other rules, guidelines, policies, terms and conditions as are applicable for the purposes of accessing, browsing or transacting on the Website, or availing any of the Services, and such rules, guidelines, policies, terms and conditions shall be deemed to be incorporated into, and considered as part and parcel of this Terms. However, if you navigate away from the Website to a third party site, you may be subject to alternative terms of use, as may be specified on such site. In such event, the terms of use applicable to that site will govern your use of that site.

If you are accessing the Treateasy mobile application, then in addition to this agreement, there may be additional terms (such as the terms imposed by mobile application stores) which will govern the use of the mobile application.

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.

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 Treateasy.

  • Section 43 A of the Information Technology Act, 2000;
  • Rule 4 of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal data or Information) Rules, 2011 (the "SPI Rules") ; and
  • Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011.

This Privacy Policy has been designed and developed to help you understand the following:

The Website is accessible and this Agreement applies to you whether you are –

  • Any Authorized and licensed person including Individual or Company or Pharmacist or Chemist or Drug Store or Medical Store (“Seller” or “you” or “User”) using this website to sell the drugs or medicines or other pharmaceutical products or medical products or medical equipments (“Medicines” or “Products”).
  • A Doctor or Physician or medical practitioner or health care practitioner (whether an individual professional or an organization) or similar institution wishing to be listed, or already listed, on the Website, including designated, authorised associates of such practitioners or institutions(“Doctor(s)” or “you” or “User”); or
  • An Individual, A Patient (or his/her representatives or affiliates) who have registered themselves and who use this Website to purchase any good(s) or avail any service(s) (“Buyer” or “End-User” or “you” or “User”); or
  • A registered laboratory ("Lab(s)” or “you” or “User”) that collect patient samples from Users for the purpose of conducting pathological tests and varied diagnostic services ("Lab Tests”); or
  • Otherwise a User of the Website (“you” or “User”)

This Agreement applies to those services made available by Treateasy on the Website, which are offered to the Users (“Services”), including the following:

  • For Doctors: Listing of Doctors and their profiles and contact details, to be made available to the other Users and visitors to the Website;
  • For Sellers: Listing of Sellers and their profiles and contact details, to be made available to the other Users and visitors to the Website;
  • For Labs: Listing of Labs 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 ‘Account’, (ii) search for Doctors or diagnostic labs by name, specialty, and geographical area, or any other criteria that may be developed and made available by Treateasy, (iii) to make appointments with Doctors or diagnostic labs, (iv) to order or purchase medicines or other products and (v) to raise the questions or ask queries from the Doctors.

The Services may change from time to time, at the sole discretion of Treateasy, 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.

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 Information Technology Act, 2000, and the rules, regulations, guidelines and clarifications framed there under, including the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal data or Information) Rules, 2011 (the “SPI Rules”), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”).
  • The Drugs and Cosmetic Act, 1940 (“Drugs Act”), read with the Drugs and Cosmetics Rules, 1945 (“Drugs Rules”)
  • The Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954; and Consumer Protection Act, 1986.
REGISTRATION OBLIGATIONS

2.1 To use the website and features of the website, Users are required to setup an account and obtain registration with the Treateasy. As part of the registration process, we may collect various information from the users including name, email address, mobile number, shipping address, billing address and other information as may be necessary.

2.2 You agree and acknowledge that you would (a) create only one account; (b) provide accurate, truthful, current and complete information when creating your account and in all their dealings through the Website; (c) maintain and promptly update your account information; (d) maintain the security of your account by not sharing your password with others and restricting access to Your account and Your computer; (e) promptly notify Treateasy if you discover or otherwise suspect any security breaches relating to the Website; and (f) accept all risk of unauthorized access. Treateasy will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Treateasy or such other parties as the case may be, due to any unauthorized use of your account.
Further, If you provide any fraudulent information or any information that is untrue, inaccurate, not current or incomplete including through feedback, or Treateasy have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Treateasy reserves the right to discontinue the services at its sole discretion or may suspend or terminate your account including suspend your access to the website and makes such declaration on the website alongside your or/and your entities’ name as determined by Treateasy for the protection of its business and in the interest of users and refuse any and all current and future use of the website.

2.3 The Website allows Treateasy to have access to registered Users’ personal email or phone number, for communication purpose so as to provide you services in a better way and for obtaining feedback in relation to the services.

2.4 Treateasy 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 Treateasy or to any other person acting on behalf of Treateasy.

PRIVACY POLICY

3.1 We understand the privacy of all information you provide is of a primary importance and Treateasy has duly formulated a policy on how the Company collects, uses and discloses personally identifiable information from its users (“Privacy Policy”). All of your registration information is protected by our Privacy Policy.
The Privacy Policy forms an integral part of these Terms and conditions and the Users are requested to carefully read the same.

3.2 The terms “personal information” and “sensitive personal data or information” are defined under the SPI Rules, and are reproduced in the Privacy Policy.

3.3 The Privacy Policy sets out, inter-alia:

  • 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 Treateasy will disclose such information; and,
  • 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:

  • 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.

Treateasy uses industry–level security and encryption to your Account. However, Treateasy cannot guarantee prevent unauthorized access if you lose your login credentials or they are otherwise compromised. Please safeguard your login credentials and report any actual suspected breach of account to Treateasy.

CONDITIONS OF USE

The registration on or use/ access of the Website is only available to natural persons, other than those who are ‘incompetent to contract’ under the Indian Contract Act, 1872. That is, persons including minors, un-discharged insolvents etc. are not eligible to register on, or use/ access the Website. Therefore, you must be 18 years of age or older and competent to contract 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 Treateasy that you are 18 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, your use of website shall not violate any applicable law and not a person barred from receiving services under the laws of India or other applicable jurisdiction and agree to and abide by this Agreement. Further the Service is not available to minors under the age of 18 or to any users whose account has been suspended or removed from the system by Treateasy for any reason. However, a profile can be made on behalf of the minors which shall be monitored and controlled by minor’s legal guardian or person with whom the minor has first blood relation. If you are such person or legal guardian for the patient disclosed herein (Minor), you affirm that you are over the age of majority, and have full authority to use the website or any of its services on behalf of that minor.

Users may not have more than one active account. Additionally, users are prohibited from selling, trading, or otherwise transferring their accounts to another party. If you do not qualify, you may not use the Service or the Site.

FEATURES OF WEBSITE

The Website offers the following features to its Users:

5.1 For End-Users
  • 5.1.1 The Website is a platform which facilitates the Buyers or End-Users to purchase drugs or medicines or other pharmaceutical products or medical products or medical equipments (“Medicines” or “Products”) offered for sale by various Seller
  • 5.1.2 You may use the Website for Lab Tests or to order Lab Tests from Labs. The Website allows You to schedule an appointment with Labs for Lab Tests by visiting there at your pre-booked time or schedule a time for a home sample collection (a sample pickup at Your home) which will be used by a Lab to conduct a Lab Test and Lab will share the results of such Lab Test with You either directly or through the Website and You pay the corresponding Lab Test fee.
  • 5.1.3 Treateasy enables Users to connect with Doctors through "CONSULT A DOCTOR" by posting health related queries on their respective Accounts.
  • 5.1.4 The Website allows You to select and schedule appointments with Doctors. In doing so, Treateasy can help providing You with lists and/or profile previews of Doctors who may be suitable to deliver the health care that You are seeking based on information that You provide to Treateasy (such as area of specialty and geographical location).

While Treateasy will try to ensure a confirmed appointment for an End-User who requested an appointment on Website, Treateasy does not guarantee that a patient will get a confirmed appointment. Further, Treateasy has no liability if such appointment is confirmed but later cancelled by Doctors, or the Doctors are not available as per the given appointment time.

You understand and agree that Treateasy and the Website merely provide hosting services to its Users and persons browsing / visiting the Website. All goods and/or services offered on the Website, and the content made available by the Sellers or Doctors or other Users, are third party user generated contents. Treateasy has no control over such third party user generated contents and does not - originate or initiate the transmission.

5.2 For Doctors:
  • 5.2.1 You may register your profile containing Your name, qualification, experience, specialization, consultation fees, personal statement, education, professional memberships etc. on Website. Your profile is accessible to all Users.
  • 5.2.2 Treateasy enables Doctors to connect with Users through ‘CONSULT A DOCTOR’ by responding to health related queries submitted by Users through their respective Accounts.
  • 5.2.3 The User may post two types of queries through their Accounts: (i) public queries and/or (ii) private queries. In course of the private interaction, You can exchange texts, images, videos over the chat feature of the platform and communicate through means provided by the Treateasy and receive consultation fees for Your interactions with Registered User.
  • 5.2.4 Treateasy enables Doctors to interact with Users and provide the services when User select and schedule appointments with Doctors through this website. In doing so, Treateasy can help providing Users with lists and/or profile previews of Doctors who may be suitable to deliver the health care that Users are seeking based on information that provided by Users to Treateasy (such as area of specialty and geographical location).
  • 5.2.5 You may contribute health related information and education material which Treateasy may, with or without modification, in its sole discretion, publish on the Website.
TERMS OF USE

6.1 Terms for End Users only
The terms in this clause 6.1 are applicable on End-Users only.

  • 6.1.1 Treateasy is not responsible for any unsatisfactory, delayed, non-performance or breach of the contract entered into between the User and Seller for purchase and sale of goods or services offered by such Sellers on the Website and Treateasy cannot and does not guarantee that the concerned Seller will perform any transaction concluded on the Website;
  • 6.1.2 Seller is solely responsible for ensuring that the goods or services offered for sale on the Website are kept in stock for successful fulfillment of orders received. Consequently, Treateasy is not responsible if the Seller does not satisfy the contract for sale of goods or services which are out of stock, back ordered or otherwise unavailable, but were shown as available on the Website at the time of placement of order by the User;
  • 6.1.3 Treateasy shall not and is not required to mediate or resolve any dispute or disagreement between Users and Sellers. In particular, Treateasy does not implicitly or explicitly support or endorse the sale or purchase of any items or services on the Website;
  • 6.1.4 Please note that Treateasy (i) does not recommend or endorse any Doctor mentioned on the Website; and (ii) does not make any representations or warranties with respect to Doctor or the quality of the healthcare services they may provide, and (iii) does not grade Doctors.
  • 6.1.5 While Treateasy will try to ensure a confirmed appointment for an End-User who requested an appointment on Website, Treateasy does not guarantee that a patient will get a confirmed appointment. Further, Treateasy has no liability if such appointment is confirmed but later cancelled by Doctors, or the Doctors are not available as per the given appointment time.
  • 6.1.6 You understand and agree that any interactions and associated issues with other Users including but not limited to your health issues and your experiences is strictly between you and the other Users. Treateasy is not involved in providing any healthcare or medical advice or diagnosis and hence is not responsible for any outcome between you and the Doctor you interact with, pursuant to any interactions on the Website. If you decide to engage with a Doctor to provide medical services to you, you do so at your own risk.
  • 6.1.7 The results of any search you perform on the Website for Doctors should not be construed as an endorsement by Treateasy of any such particular Doctor. Treateasy shall not be responsible for any breach of service or service deficiency by any Doctor. We cannot assure nor guarantee the ability or intent of the Doctor(s) to fulfill their obligations towards you. We advise you to perform your own investigation prior to selecting a Doctor.
  • 6.1.8 Without prejudice to the generality of the above, Treateasy will not be liable for:
    • any wrong medication or treatment quality being given by the Doctor(s), or any medical negligence on part of the Doctor(s);
    • any type of inconvenience suffered by the User due to a failure on the part of the Doctor to provide agreed services or to make himself/herself available at the appointed time, no show by the Doctor, inappropriate treatment, or similar difficulties;
    • any misconduct or inappropriate behaviour by the Doctor or the Doctor’s staff; cancellation or rescheduling of booked appointment or any variance in the fees charged;
    • any medical eventualities that might occur subsequent to using the services of a Doctor, whom the User has selected on the basis of the information available on the Website or with whom the User has booked an appointment through the Website.
  • 6.1.9 General
    • The Minimum amount of order, placed by End-Users for the Medicines on the website, shall be of Rs.150 (Rupees One Hundred and Fifty).
    • The End-User accepts and acknowledges that Treateasy does not engage in the distribution of the Medicines or other products, and may only connect End-User to third party delivery personnel for the purposes of delivery of goods from the concerned seller to the address notified by the End-User.
    • Please note that delivery times are estimates only and are not guaranteed, due to circumstances out of our control and may vary depending on the shipping destination.
    • The delivery time of the Medicines will be between 6am to 11pm every day, However You can place your order on any day and at any time but the medicines will be delivered to You only between 6am to 11pm.
    • End-User shall always ask for medicine bill of prescribed or OTC medicines.
    • If required medicine is not available then the Seller has a right “TO SAY NO” for delivery of the medicines or seller may postpone the delivery, subject to consent of End-User, in accordance with the availability of stock.
    • If End-User misbehaves with the delivery personnel or vice-versa, We have right to take legal action against the End-User or the delivery personnel as the case may be.
  • 6.1.10 Consult a doctor
    • Treateasy enables Users to connect with Doctors through ‘CONSULT A DOCTOR’ by posting health related queries on their respective Accounts. The User may post two types of queries on their Accounts: (i) public queries, which is sent to multiple Doctors and enables any of the chosen Doctor to respond to the query posted; and (ii) private queries, which will be only sent to the Doctor that the User has chosen.
    • In the event the User has posted a private query, the Doctor may indicate the pre-consultation fee payable for the advice solicited and in such case Treateasy shall provide the User an option to directly remit the amount to the Doctor through Treateasy using the Account. Treateasy is not responsible for the nature of advice provided by the Doctor. However, in the event, the User does not receive advice from the Doctor, the same may be communicated to Treateasy and Treateasy shall take reasonable endeavors to resolve the matter.
    • The User hereby grants consent to Treateasy to transfer the health related queries posted by the User to Doctors for the provision of the services under ‘CONSULT A DOCTOR’ and agrees that any such information provided by the User will be subject to our Privacy Policy.
  • 6.1.11 Family Group

    Treateasy facilitates Users to purchase goods or avail services of this Website including but not limited to schedule an appointment for your family members by adding them to your Family Group Tab on your Account. However please note that you will be solely responsible for any such activity that is undertaken through the account on behalf of your family members.

    To add your family members to your Family Group Tab on your Account you shall send an invitation through your Account to that person and such person to whom invitation is sent by User provide his consent by accepting the invitation. Please note that you can add only that person with whom you have first blood relation and who is also a registered User of this Website.

    Treateasy enable User to add or remove person at any time to/from its Family Group and maintain their health records in its Account on the Website.

  • 6.1.12 Treateasy Alert

    Treateasy provides ‘ALERT’ facility to Users through this Website. In the event of any medical emergency including accidents, heart attacks, severe pain or any other situation that poses an immediate risk to life or health where immediate/urgent medical attention or medical care is required to the patient, the User can use the ALERT function through its account on Website or Mobile Application either for itself or for any other person which will call the Ambulance from the nearby hospital associated with Treateasy.

    he ALERT facility is with sole objective of providing basic medical care in the case of emergency and arranging for timely transport of the patient to the point of definitive care or Hospital. You understand and agree Treateasy has no control over, and not liable or responsible for any delay or mistake in ambulance services or for any outcome during the transport phase of an ambulance or for any other outcome pursuant to use of ALERT function through the User’s Account. User may use the ALERT facility at User’s own risk.

6.2 Terms for Doctors
The terms in this clause 6.2 are applicable on Doctors.

  • 6.2.1 The Doctors willing to provide services through this website shall register themselves by creating a profile. As a part of registration Treateasy may collect some information such as Name, Age, Qualifications, Experience and other details as may be necessary. This information is collected for the purpose of facilitating interaction with the End-Users and other Users. Treateasy ensures easy access to the Doctors by providing a tool to update your profile information. Treateasy reserves the right to take down any Doctor’s profile as well as the right to display the profile of the Doctors, with or without notice to the concerned Doctor.
  • 6.2.2 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 Treateasy’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, Treateasy may modify or delete parts of your profile information at its sole discretion with or without notice to you.
  • 6.2.3 Every doctor should honour all appointments booked through Treateasy and It is mandatory that the patient meets the same doctor with whom the appointment has been confirmed. In case of any expected delay or cancellation, the doctor should communicate at least 2 hours prior to the scheduled time of appointment.
  • 6.2.4 CONSULT A DOCTOR
    • Treateasy enables Doctors to connect with the Users through ‘CONSULT A DOCTOR’ by responding to the health related queries posted by them on their Accounts using the special software application provided to Doctors by Treateasy.
    • The User may post two types of queries on their Accounts (i) public query, which is sent to multiple Doctors and enables any of the chosen Doctors to respond to the query posted; and (ii) private query, which will be only sent to the Doctor that the User has chosen.
    • The public queries posted by the Users are sent to multiple Doctors through a fully automated system that chooses Doctors based on inter alia the information furnished by each Doctor, the number of questions answered by the Doctor and the rating or reviews procured by the Doctor. Treateasy does not guarantee in any manner that any query will be directed to a particular Doctor and will not be responsible for the Doctors chosen to respond to the queries.
    • Upon receipt of the payment, the Doctor shall provide his/her response to the query. Doctor agrees that, when providing any written response to a User’s query (whether Private query or Public query) that constitutes a performance of his/her services, the Doctor shall not post language that may be considered abusive, objectionable or demeaning to the User or in general.
    • Doctor hereby agrees that it shall use the Treateasy for the purpose specified in these Terms of Use and shall not use for any unauthorized and unlawful purpose, including impersonating another person.
    • Doctor hereby represents and warrants that he/she:
    • is qualified to provide medical services within the territory of India;
    • has obtained all licenses as required by law to provide medical services and has not committed any act or omission that might prejudice its continuance or renewal; and
    • has provided Treateasy true, accurate, complete and up to date details about their qualification and credentials.
    • Doctor agrees that he/she shall at all times abide by the applicable medical regulations and other applicable laws and conducts and shall promptly renew their licenses required to provide medical services.
    • Doctor hereby agrees that, for any User that contacts the Doctor using Treateasy, only he/she shall be allowed to perform the services for the User and that the Doctor may under no circumstances be permitted to transfer the performance of Your Services to any other person, whether under their supervision or not. The Doctor accepts all responsibility and liability for the use of Treateasy, including the performance of its services, by any other party claiming to be the Doctor and hereby agrees to indemnify Treateasy against any claim or loss that may be faced by Treateasy consequent to such use.
    • Doctor hereby agrees to hold in strictest confidence all information provided by a User to him/her under all circumstances and shall not disclose any information or documentation provided by a User to any other person.
    • Doctor agrees to render his/her services and fulfill their obligations towards their patients using their best efforts, skill and ability
    • Doctor hereby agrees to assign to Treateasy in perpetuity all intellectual property rights residing in the responses provided by him/her for use by Treateasy worldwide.
    • Doctor hereby agrees not to seek the contact details of any User or to contact any User except through the Treateasy.
    • Treateasy reserves the right to terminate any account of the Doctor in case:
    • the Doctor breaches any terms and conditions of this terms of use or privacy policy or applicable laws;
    • Treateasy is unable to verify or authenticate any information provided to it by a Doctor; or
    • Treateasy in its sole and absolute discretion believes that actions of the Doctor may cause legal liability for Treateasy or other Users and / or may adversely affect the services rendered by Treateasy.

6.3 Terms for Every User
The terms in this clause 6.3 are applicable on every User.

  • 6.3.1. You will use the Website and the features provided by the Website only in relation to and in compliance with all applicable Indian laws. You will not use this Website or any feature provided by the Website for any purposes not intended under this Agreement.
  • 6.3.2. You will not deliberately use the Website in any way that is unlawful or harms Treateasy, its directors, employees, affiliates, distributors, partners, service providers and/or any User and/or data or content on the Website.
  • 6.3.3. We encourage you to independently verify any information you see on the Website including information provided by a Doctors.

ROLE OF COMPANY

7.1. Treateasy's role is limited to:

  • providing a platform for hosting and publishing Content provided by Users including End-Users (“User Content”), Content provided by Labs including information relating to results, reports and Lab Tests (“Lab Content”) and Content provided by doctors including responses to queries raised by End-Users (“Doctors Content”). and Content provided by hospital including responses to queries raised by End-Users (“Hospital Content”).
  • providing a platform for Users including End-Users to raise health related queries through their Accounts and Doctors to respond on the queries raised by the Users.
  • providing a platform for private interaction between Users and Doctors through “CONSULT A DOCTOR”
  • providing a platform to select and schedule appointments with Doctors based on User's inputs and
  • providing a platform Users to order Lab Tests.

PAYMENT AND TRANSACTION

  • Registration on the Website and the access to the information provided on the Website is free. Treateasy does not charge any fee for accessing, browsing and buying any goods or availing any services through the Website. The User agrees to make all payments either through Treateasy Wallet or directly to the respective Seller or Doctor or Hospital or other Users for purchase of goods or availing the services such as booking an appointment or other services. The Seller or Doctor or Hospital or other Users may choose to either personally collect such payment from the End-Users or may use the services of collection agents duly appointed in this regard The End-User and other Users agree and acknowledge that it shall not hold Treateasy responsible for any loss or damage caused to the End-User or other Users during the process, due to any acts or omission on the part of third parties or for any actions/ omissions which are beyond the control of Treateasy.
  • In the event, the doctor with whom the appointment has been booked is not available in the Clinic/Hospital, the patient has to (a) cancel the current appointment or (b) consult another doctor with clinic's/hospital's consent. Patients also have an option to either pre-pond or post-poned or cancel the appointment subject to approval of Doctor. Any change in the appointment or Cancellation of the appointment by the patient should be done at least one (1) hour prior to the time blocked for appointment. In such an event, the entire amount will be refunded to the patient within 7 business days from the date of cancellation.
  • If you cancel a Lab Test order prior to the sample collection, you may receive a full refund of the Lab Test fee. If you cancel a Lab Test after the sample collection, you may receive a refund for the Lab Test fee, less the applicable collection service charge.
  • In case a booking confirmation email gets delayed due to technical reasons or as a result of incorrect email ID provided by the user etc, an appointment would be considered as 'booked'. If the patient does not show up at the time of Appointment, The entire amount will be refunded after approval from Clinic/Hospital within 7 business days.
  • Treateasy shall not be liable for any refunds to the customer in the event the customer's booked slot/time for an appointment has been delayed.

RATING, REVIEWS AND RANKING

  • Treateasy has designed the rating and review option in the best interest of End-Users and It is optional and recommended that the End-Users rate and/or provide their reviews about other Users (Doctors, Labs, Sellers etc) they using services of, rating them with grades or leaving a comment about the product or service offered by such Users and based on personal experience. The ratings are of exclusive use of Treateasy, in order to provide a better service to its Users.
  • Treateasy’s ranking for the Users (Doctors, Labs, Sellers etc) is a fully automated system that lists the Users, their profile and information regarding their Services on the Website. The Ranking of Users will be based on automated computation of the various factors including but not limited to inputs made by the End-Users including their ratings, comments and number of hits. Such factors may change from time to time, in order to improve the listing and ranking methods. These listings do not represent any fixed objective ranking or endorsement by Treateasy and in no event Treateasy shall be held responsible for the accuracy and the relevancy of the listing order of the Users on the Website.
  • If several complaints are received against a User, Treateasy reserves the right, at its own discretion, to withdraw the User’s account in question and suspend or withdraw all services to that User without any notice.
  • Ratings can be published on the Website and the App and be seen by every individual who makes a search on Treateasy. Treateasy has the right to use the ratings as a means of improving the service provided, internally or externally.

PRESCRIPTION MEDICATION POLICY

The Website is a platform that can be used by the Users to purchase various drugs and pharmaceutical products [including drugs which cannot be sold without a valid prescription duly issued by a Registered Medical Practitioner/Doctor (“Prescription Drugs”)], offered for sale on the Website by Sellers. Treateasy takes all precautions to strictly abide by the laws and regulations set forth in the dispensing of prescription medications. In order to purchase Prescription Drugs from Sellers through the Website, you acknowledge and accept the following terms regarding the purchase of any prescription drugs:

  • Treateasy will not dispense any prescription medication without a valid prescription from a licensed physician. Also, before you can choose the low cost generic option in the Website, please ask your doctor to add the generic drug to your prescription.
  • For ordering the prescription drugs, the Users are required to upload a scanned copy of the prescription on the Website or email the same to Treateasy. The order would not be internally processed and forwarded to the concerned Sellers by Treateasy until it receives a copy of a valid prescription and such prescription shall then be subject to the scrutiny of and approval by our qualified Pharmacists.
  • Treateasy may, at its discretion, share your prescription and other pertinent information with a third party network of certified medical doctors
  • The Users are also required to make the prescription available at the time of receipt of delivery of prescription drugs.
  • Treateasy shall maintain a record of all the prescriptions uploaded by the User which can be accessed by such User at any time in his account section and, subject to applicable laws, may also be used to re-order the prescribed medicines.
  • The Users acknowledge and accept that the order for a substitute of a Prescription Drug would only be processed if the Registered Medical Practitioner/Doctor has himself/ herself permitted for any other equivalent generic drug to be dispensed in place of the prescribed drug or if the prescription solely lists the salt names instead of a specific brand name.
  • The User further acknowledges and accepts that, in the absence of the above, the concerned pharmacist would only dispense a substitute drug in place of the prescribed drugs after obtaining suitable permission from the prescribing Registered Medical Practitioner/Doctor.
  • The Users must also ensure that the prescription uploaded on the Website or emailed to Treateasy for processing the order for prescription drugs is a valid prescription duly obtained from a registered medical practitioner/doctor. The Users acknowledge and accept that they shall bear all costs/ liability/ damages, caused to the Sellers or to Treateasy, as a result of any dispensation of prescription drugs by the Seller owing to the non-compliance by the User in this regard.
  • Users hereby confirm that he/she is completely aware of the indications, side effects, drug interactions, effects of missed dose or overdose of the medicines he/she orders from Treateasy. It is imperative to seek professional advice from your physician before purchasing or consuming any medicine from Treateasy.

CONTENT, CONDITIONS OF ACCESS AND INTELLECTUAL PROPERTY RIGHTS

  • TREATEASY’S RIGHTS TO THE WEBSITE AND CONTENT:
    • The contents listed on the Website are (i) User generated content, or (ii) belong to Treateasy. The information that is collected by Treateasy directly or indirectly from Users shall belong to Treateasy. Copying of the copyrighted content published by Treateasy on the Website for any commercial purpose or for the purpose of earning profit will be a violation of copyright and Treateasy reserves its rights under applicable law accordingly.
    • Treateasy authorizes the User to view and access the content available on or from the Website solely for the purpose of availing the services including visiting, ordering, receiving, delivering and communicating 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, "Treateasy Content"), are the property of Treateasy and are protected under copyright, trademark and other laws. User shall not modify the Treateasy Content or reproduce, display, publicly perform, distribute, or otherwise use the Treateasy 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.
  • USERS RIGHTS AND OBLIGATIONS RELATED TO CONTENT
    • As mandated by Regulation 3(2) of the IG Rules, Treateasy 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, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.
    • Users are also prohibited from:
    • violating or attempting to violate the integrity or security of the Website or any Treateasy 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 Treateasy;
    • 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 Treateasy Content or other information available from the Website;
    • framing or hot linking or deep linking any Treateasy Content.
    • circumventing or disabling any digital rights management, usage rules, or other security features of the Software.
  • Treateasy, 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 11.1 and 11.2. Treateasy 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.
  • In case of non-compliance with any applicable laws, rules or regulations, or the Agreement (including the Privacy Policy) by a User, Treateasy 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.
  • Treateasy 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 Treateasy 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 Treateasy as provided for under the SPI Rules, only if such transfer is necessary for the performance of the lawful contract between Treateasy or any person on its behalf and the User or where the User has consented to data transfer.
  • Treateasy respects the intellectual property rights of others and we do not hold any responsibility for any violations of any intellectual property rights.

LINK TO THIRD PARTY

The Website may be linked to web pages and content of third parties including service providers, advertisers, affiliates and business partners (“Third Party Content”). Treateasy does not control, endorse or adopt any Third Party Content and can make no guarantee as to its accuracy or completeness. The User acknowledges and agrees that Treateasy shall not be responsible or liable in any manner for the content, accuracy, validity, reliability, quality of such Third Party Content. Inclusion of any link on the Website does not imply that Treateasy endorses the linked site. User may use the links and these services at User's own risk.

MODIFICATIONS

Treateasy reserve the right to change or modify these terms and conditions or any policy or guideline of the website including the privacy policy for any reason and at any time and in its sole discretion without further notice to you. Any changes or modifications will be effective immediately upon posting the revisions on the Website, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the Website will confirm your acceptance of such changes or modifications; therefore, it is your responsibility to frequently review these Terms and applicable policies regularly to understand the terms and conditions that apply to your use of the Website.

TERMINATION

The provisions of this Agreement shall continue to apply until terminated by either You or Treateasy as set for below:

  • 14.1.1 If you want to terminate this Agreement with Treateasy, You may do so by:
    • not accessing the Website; or
    • closing your accounts for all of the Services that you use.
  • 14.1.2 Treateasy reserves the right to suspend or terminate this agreement including your access to the website and the services, at any time, and with or without notice, if:
    • You breach any of applicable law or the provisions of this Agreements or the terms of the Privacy Policy or any other terms, conditions, or policies that may be applicable to you from time to time (or have acted in a manner that clearly shows that you do not intend to, or are unable to, comply with the same); or
    • Treateasy is unable to verify or authenticate any information provided to Treateasy by you; or
    • Treateasy believes, in its sole discretion, that your actions may cause legal liability for Treateasy (or any of its affiliates, independent contractors, service providers, consultants, licensors, agents, and representatives) or are contrary to the interests of the Website; or
    • Treateasy is required to do so by law; or
    • A third party reports violation of any of its right as a result of your use of the Services;
    • if you fail to provide (or after providing such consent, later revoke) the consents necessary or desirable for Treateasy to provide the Services to you; or
    • Treateasy has elected to discontinue, with or without reason, access to the Website or the Services (or any part thereof).
    • Treateasy may also terminate or suspend (temporarily or permanently) all or a portion of your account or access to the Services, with or without reason. Except as may be set forth in any of the terms applicable to a particular Service, termination of your account may include: (i) removal of access to all offerings within the Website or with respect to the Services; and (ii) barring you from further use or access of the Website or of any of the Services.
    • Once terminated or suspended (temporarily or permanently), you 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. and Treateasy shall have no obligation to maintain or provide any of your data and may thereafter, unless legally prohibited, delete all Your data in its systems or otherwise in its possession or under its control, including but not limited to Your personal information, log-in ID and password, order details (including any prescriptions uploaded) and all related information, files and materials associated with or inside Your account (or any part thereof).

INDEMNIFICATION

You hereby agree to indemnify, defend, hold harmless Treateasy and its officers, directors, employees, agents, information providers, partners, licensors, advertisers and suppliers, affiliates, independent contractors, service providers, distributors, consultants, and representatives (“Protected Entities”) from and against all claims, losses, liabilities, expenses, damages and costs, including reasonable legal fees and costs, arising from or related to (a) Your access to or use of Website; (b) Your violation of the Terms or policy; (c) Your conduct in connection with the Website including but not limited to any information or material you have submitted or will submit to us in violation of any law or breach of any third party rights (including, but not limited to, claims in respect of defamation, invasion of privacy, or infringement of any other intellectual property right).

We reserve the right to exclusively defend and control any claims arising from the above and any such indemnification matters, and you hereby agree to cooperate fully with us in asserting any available defenses.

LIMITATION OF LIABILITY

You expressly understand and agree that in no event shall Treateasy, and its subsidiaries, affiliates, officers, employees, agents, co-branders, partners and licensors be liable for any direct, indirect, incidental, special, consequential, exemplary or punitive damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if Treateasy has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use, the website or the content, materials and functions related thereto, the Services; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.

In no event shall Treateasy be liable for:

  • provision of or failure to provide all or any service provided by any other 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, strict liability, product liability or otherwise) arising from this Agreement or a User's use of the Website exceed an aggregate amount of Rs. 1000. Treateasy accepts no liability for any errors or omissions, whether on behalf of the Users or third parties.

REPRESENTATIONS AND WARRANTIES

  • Treateasy collects, directly or indirectly, and displays on the Website, relevant information including the profile and practice of the Users listed on the Website. Treateasy takes reasonable efforts to ensure that such information is updated at frequent intervals. Although Treateasy screens and vets the information and photos submitted by the Users, it cannot be held liable for any inaccuracies or incompleteness represented from it, despite such reasonable efforts.
  • The Services provided by Treateasy 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). Treateasy does not provide or make any representation, warranty or guarantee, express or implied about the Website or the Services. Treateasy not guarantee the accuracy or completeness of any content or information provided by any Users on the Website.
  • To the fullest extent permitted by law, Treateasy disclaims all responsibility and liability for any harm to persons or users resulting from any instructions or products or services referred to in the Website or 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 Treateasy or any User in relation to any User or services provided by such User. Treateasy is not associated with any manufacturer of medicines or seller of medicines or other products or any services provided by the other users on the Website. We do not warrant that the Website or its content will meet your requirements
  • Treateasy 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.
  • It is hereby expressly clarified that, the Information that you obtain or receive from Treateasy, 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.
  • The information on this Website and any other communication from or provided through Treateasy is not intended as a substitute for professional medical advice or treatment for specific medical conditions. It is important that you do not make medical decisions, and you should always seek the advice of your physician or other qualified healthcare professional with any questions you may have about your medical condition. Your use of Information provided on the Website is solely at your own risk and you acknowledge and confirm that Treateasy shall not be responsible for your treatment or be treated as a health care provider on account of collection of the consultation fees for private consultation by any Doctor or collection of fees by any Lab, for any reason whatsoever
  • You as Users hereby represent and warrant that you will use the Goods and 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 Treateasy accepts no liability for the same.

RETENTION OF RECORDS

  • reateasy maintains the information or health records related to End-Users (known as ‘Records’) and use industry–level security and encryption to keep it secured. Information available in your Records is of two types:
  • User created: Information uploaded by you or information generated during your interaction with Treateasy system by using its services.
  • Doctor created: Health Records generated by your interaction with a Doctors or Labs who uses Treateasy services and softwares.
Your Records is only created after you have signed up and explicitly accepted these Terms.
  • Treateasy may retain such records 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.
  • Treateasy may provide End-Users a facility to review the records who request access to such records.
  • Any Doctor created Health Record is provided on an as-is basis at the sole intent, risk and responsibility of the Doctor and Treateasy does not validate the said information and makes no representation in connection therewith. You should contact the relevant Doctor in case you wish to point out any discrepancies or add, delete, or modify the Health Record in any manner.

APPLICABLE LAW AND DISPUTE SETTLEMENT

  • 19.1 You agree that this Agreement and any contractual obligation between Treateasy and User will be governed by the laws of India.
  • 19.2 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 Treateasy. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be Delhi. 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.
  • 19.3 Subject to the above Clause 20.2, the courts at Delhi 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.

SEVERABILITY

If any provision of the Agreement is deemed invalid, unlawful, void or for any reason is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any of the remaining provisions of the Agreement.

WAIVER

No provision of this Agreement shall be deemed to be waived and no breach excused, unless such waiver or consent shall be specific, in writing and signed by Authorised Representative for and on behalf of Treateasy. Any consent by Treateasy to, or a waiver by Treateasy 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.

FORCE MAJEURE

The User accepts and acknowledges that Treateasy or the Sellers/Service Providers shall not be liable for any loss or damage caused to the User as a result of any delay or default or deficiency or failure in the Services caused by circumstances beyond Treateasy’s or the Seller’s/Service Provider’s reasonable control including without limitation, acts of God, acts of governments, any natural disasters, fire, riots, civil disturbances, actions or decrees of governmental bodies, communication line failures (which are not caused due to the fault of the User), floods, fires, earthquakes, civil unrest, acts of terror, strikes or other labour problems, internet service provider failures or delays, or denial of service attacks.

CONTACT INFORMATION GRIEVANCE OFFICER

  • 23.1 If any User has any questions concerning Treateasy, the Website, this Agreement, the Services, or anything related to any of the foregoing, Treateasy customer support can be reached at email address: treateasyindia@gmail.com or via the contact information available from the following hyperlink:.
  • 23.2 In accordance with the Information Technology Act, 2000, and the rules made there under, if you have any grievance with respect to the Website or the service, including any discrepancies and grievances with respect to processing of information, you can contact our Grievance Officer at:

    Name:Shivani Sinha
    Designation: (GO)
    Email: treateasyindia@gmail.com
    Telephone:9643691869

In the event you suffer as a result of access or usage of our Website by any person in violation of Rule 3 of the IG Rules, please address your grievance to the above person.

YOU HAVE READ THESE TERMS OF USE AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE