Acceptance of this Agreement: By clicking on the ‘SIGNUP’ option, the participant (“You” or “Your”) agrees to the Terms and Conditions, obligations, representations, warranties, and agreements contained herein (the “Agreement”). In the event, You are not willing to accept the Agreement, You shall not be authorized or allowed to proceed further to view or use in any manner any content, information, courseware, products and services (“Services”) published, available or provided on www.growtor.com (the “Website”), which is owned, maintained and monitored by Growtor Solutions Private Limited (“Us”, “We” or “Our”).
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, including designated, authorized associates of such practitioners or institutions (“Practitioner(s)”, “you” or “User”);or
- A patient, his/her representatives or affiliates, searching for Practitioners through the Website (“End-User”, “you” or “User”);or
- Otherwise, a user of the Website (“you” or “User”).
- This Agreement applies to those services made available by Growtor on the Website, which are offered free of charge to the Users (“Services”), including the following:
- For Practitioners: Listing of Practitioners 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 ‘Health Accounts’, (ii) search for Practitioners by name, specialty, and geographical area, or any other criteria that may be developed and made available by Growtor, and (iii) to make appointments with Practitioners.
The Services may change from time to time, at the sole discretion of Growtor, and the Agreement will apply to your visit to and your use of the Website to avail the Service, as well as to all information provided by you on the Website at any given point in time.
This Agreement defines the terms and conditions under which you are allowed to use the Website and describes the manner in which we shall treat your account while you are registered as a member with us. If you have any questions about any part of the Agreement, feel free to contact us at firstname.lastname@example.org.
We reserve the right to modify or terminate any portion of the Agreement for any reason and at any time, and such modifications shall be informed to you in writing You should read the Agreement at regular intervals. Your use of the Website following any such modification constitutes your agreement to follow and be bound by the Agreement so modified.
You acknowledge that you will be bound by this Agreement for availing any of the Services offered by us. If you do not agree with any part of the Agreement, please do not use the Website or avail any Services.
Your access to use of the Website and the Services will be solely at the discretion of Growtor.
User ID and Password: By entering into this Agreement, You acknowledge and agree that Your user ID and password (“Participant Account”) is for Your exclusive use only. Use or sharing of Your Participant Account with another user is not permitted and is cause for immediate blocking of Your access to the Website, the Services and the Content, the Courseware, and termination of this Agreement. You agree that You are solely responsible for maintaining the confidentiality of Your Participant Account and for all activities that occur under it. You agree to immediately notify our help and support team if You become aware of or have reason to believe that there is any unauthorized use of Your Participant Account. You also agree to take all reasonable steps to stop such unauthorized use and to cooperate with Us in any investigation of such unauthorized uses. We shall not under any circumstances be held liable for any claims related to the use or misuse of Your Participant Account due to the activities of any third party outside of our control or due to Your failure to maintain the confidentiality and security of Your Participant Account.
Personal Information: Under the Sensitive Personal Data or Information Rules to mean any information that relates to a natural person, which, either directly or indirectly, in combination with other information available or likely to be available to a body corporate, is capable of identifying such person. The SPI Rules further define of a person to mean personal information about that person relating to:
- financial information such as bank accounts, credit and debit card details or other payment instrument details;
- physical, physiological and mental health condition;
- sexual orientation;
- medical records and history;
- biometric information;
- information received by body corporate under lawful contract or otherwise;
- visitor details as provided at the time of registration or thereafter; and
- call data records.
Growtor also reserves the right to use information provided by or about the End-User for the following purposes:
- Publishing such information on the Website.
- Contacting End-Users for offering new products or services.
- Contacting End-Users for taking product and Service feedback.
- Analyzing software usage patterns for improving product design and utility.
- Analyzing anonymized practice information for commercial use.
- Processing payment instructions including those through independent third party service providers such as payment gateways, banking and financial institutions, pre-paid instrument and wallet providers for processing of payment transaction or deferral of payment facilities.
Growtor will be free to use, collect and disclose information that is freely available in the public domain without your consent.
Instructor Obligations: As an instructor, you are responsible for all content that you post, including lectures, quizzes, coding exercises, practice tests, assignments, resources, answers, course landing page content, and announcements (“Submitted Content“).
- you will provide and maintain accurate account information;
- your Submitted Content will not infringe or misappropriate any third party’s intellectual property rights;
- you have the required qualifications, credentials, and expertise (including education, training, knowledge, and skill sets) to teach and offer the services that you offer through your Submitted Content and use of the Services; and
- you will ensure a quality of service that corresponds with the standards of your industry and instruction services in general.
You warrant that you will not:
- post or provide any inappropriate, offensive, racist, hateful, sexist, pornographic, false, misleading, incorrect, infringing, defamatory or libelous content or information;
- post or transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, or any other form of solicitation (commercial or otherwise) through the Services or to any user;
- use the Services for business other than providing tutoring, teaching, and instructional services to students;
- engage in any activity that would require us to obtain licenses from or pay royalties to any third party, including the need to pay royalties for the public performance of a musical work or sound recording;
- frame or embed the Services (such as to embed a free version of a course) or otherwise circumvent the Services;
- impersonate another person or gain unauthorized access to another person’s account;
- interfere with or otherwise prevent other instructors from providing their services or courses; or
- abuse Growtor resources, including support services.
Content and Courseware: As a part of our Services offered through our Website, We shall grant you access to our content, courseware, practice tests, and other information, documents, and data which may be in audio, video, written, graphic, recorded, photographic, or any machine-readable format in relation to the specific certification training course You have registered for (“Content and Courseware”). We reserve the right to amend, revise or update the Content and Courseware offered to You. In the event such an amendment, revision or updation occurs, We may require you pay an additional fee to access such amended, revised, or updated Content and Courseware.
Trust & Safety Policies: You agree to abide by Growtor’s Trust & Safety policies, Restricted Topics policy, and other course quality standards or policies prescribed by Growtor from time to time. You should check these policies periodically to ensure that you comply with any updates to them. You understand that your use of the Services is subject to Growtor’s approval, which we may grant or deny at our sole discretion.
We reserve the right to remove courses, suspend payouts, and/or ban instructors for any reason at any time, without prior notice, including in cases where:
- a course falls below our quality standards or has a negative impact on the student experience
- an instructor engages in behavior that might reflect unfavorably on Growtor or bring Growtor into public disrepute, contempt, scandal, or ridicule
- an instructor engages the services of a marketer or other business partner who violates Growtor’s policies; or as determined by Growtor in its sole discretion.
Relationship to Other Users: Instructors don’t have a direct contractual relationship with students, so the only information you’ll receive about students is what is provided to you through the Services. You agree that you will not use the data you receive for any purpose other than providing your services to those students on the Growtor platform, and that you won’t solicit additional personal data or store students’ personal data outside the Growtor platform. You will indemnify Growtor against any claims arising from your use of students’ personal data.
Anti-Piracy Efforts: We partner with anti-piracy vendors to help protect your courses from unauthorized use. To enable this protection, you hereby appoint Growtor and our anti-piracy vendors as your agents for the purpose of enforcing copyrights for each of your courses, through notice and takedown processes (under applicable copyright laws like the Digital Millennium Copyright Act) and for other efforts to enforce those rights. You grant Growtor and our anti-piracy vendors primary authority to file notices on your behalf to enforce your copyright interests. You agree that Growtor and our anti-piracy vendors will retain the above rights unless you revoke them by sending an email to email@example.com
Translations: Any version of these Terms in a language other than English is provided for convenience and you understand and agree that the English language will control if there is any conflict.
Modifications: We may update this Policy from time to time to clarify our practices or to reflect new or different practices. If we make any material change, we will notify you using prominent means such as by email notice sent to the email address specified in your account or by posting a notice through our Services. Modifications will become effective on the day they are posted unless stated otherwise.
Trademarks: While you are a published instructor and subject to the requirements below, you may use our trademarks where we authorize you to do so.
only use the images of our trademarks that we make available to you, as detailed in any guidelines we may publish.
only use our trademarks in connection with the promotion and sale of your Growtor courses or your participation on Growtor; and
immediately comply if we request that you discontinue use.
You must not:
use our trademarks in a misleading or disparaging way
use our trademarks in a way that implies that we endorse, sponsor, or approve of your courses or services
use our trademarks in a way that violates applicable law or in connection with an obscene, indecent, or unlawful topic or material.
Relationship Between Us: You and we agree that no joint venture, partnership, employment, contractor, or agency relationship exists between us.
Notice to End Users: (i) In some cases, an administrator may create an account in Growtor on the behalf of a “End-User” and may provide his/her information, including Personal Information. In such cases the administrator who may be your Employer or a Growtor Authorized Training partner (ATP) is our “Customer.” We collect Information under the direction of our customers and have no direct relationship with the End-User whose personal data we process.
(iii) If you are an End-user using our platform, please direct your privacy inquiries to your administrator. Growtor is not responsible for the privacy or security practices of our customers, which may differ from those set forth in this privacy statement. Growtor does not send personalized advertisement or Marketing communication to end users.
(iv) As part of the registration/application creation and submission process that is available to End-Users on this Website, certain information, including Personal Information or Sensitive Personal Data or Information is collected from the End-Users.
(vi) If you have inadvertently submitted any such information to Growtor prior to reading the privacy statements set out herein, and you do not agree with the manner in which such information is collected, processed, stored, used or disclosed, then you may access, modify and delete such information by using options provided on the Website. In addition, you can, by sending an email to privacy@Growtor.com, inquire whether Growtor is in possession of your personal data, and you may also require Growtor to delete and destroy all such information.
(vii)Growtor will communicate with the End-Users through email, phone and notices posted on the Website or through other means available through the service, including text and other forms of messaging. The End-Users can change their e-mail and contact preferences at any time by logging into their “Account” at www.Growtor.com and changing the account settings.
(ix) If you, as a casual visitor, have inadvertently browsed any other page of this Website prior to reading the privacy statements set out herein, and you do not agree with the manner in which such information is obtained, collected, processed, stored, used, disclosed or retained, merely quitting this browser application should ordinarily clear all temporary cookies installed by Growtor. All visitors, however, are encouraged to use the “clear cookies” functionality of their browsers to ensure such clearing / deletion, as Growtor cannot guarantee, predict or provide for the behavior of the equipment of all the visitors of the Website.
(xi)End-Users’ personally identifiable information, which they choose to provide on the Website is used to help the End-Users describe/identify themselves. Other information that does not personally identify the End-Users as an individual, is collected by Growtor from End-Users (such as, patterns of utilization described above) and is exclusively owned by Growtor. Growtor may also use such information in an aggregated or non-personally identifiable form for research, statistical analysis and business intelligence purposes, and may sell or otherwise transfer such research, statistical or intelligence data in an aggregated or non-personally identifiable form to third parties and affiliates. In particular, Growtor reserves with it the right to use anonymized End-User demographics information and anonymized End-User health information for the following purposes:
Analyzing software usage patterns for improving product design and utility.
- Analyzing such information for research and development of new technologies.
- Using analysis of such information in other commercial product offerings of Growtor.
- Sharing analysis of such information with third parties for commercial use.
Do Not Track: Currently, various browsers — including Internet Explorer, Firefox, and Safari — offer a “do not track” or “DNT” option that relies on a technology known as a DNT header, which sends a signal to Web sites’ visited by the user about the user’s browser DNT preference setting. Growtor does not currently commit to responding to browsers’ DNT signals with respect to the Company’s Web sites, in part, because no common industry standard for DNT has been adopted by industry groups, technology companies or regulators, including no consistent standard of interpreting user intent. Growtor takes privacy and meaningful choice seriously and will make efforts to continue to monitor developments around DNT browser technology and the implementation of a standard.
Communications from the Websites: We may use your email address to send our newsletters and/or marketing communications. If you no longer wish to receive these communications, you can opt out by following the instructions contained in the emails you receive or by contacting us at firstname.lastname@example.org. We will send you announcements related to the Service(s) on occasions when it is necessary to do so. For instance, if our Services) is temporarily suspended for maintenance, we might send you an email. Generally, you may not opt-out of communications which are not promotional in nature. If you do not wish to receive them, you may delete your Account.
Public Forums: Our Websites offer publicly accessible blogs or community forums. You should be aware that any information you provide in these areas may be read, collected, and used by others who access them. To request removal of your personal information from our blog or community forum, reach out to us. In some cases, we may not be able to remove your personal information, in which case we will let you know that we are unable to do so and why. Growtor may provide bulletin boards, blogs, or community threads on the Company’s Web sites. Any personal information you choose to submit in such a forum may be read, collected, or used by others who visit these forums, and may be used to send you unsolicited messages. Growtor is not responsible for the personal information you choose to submit in these forums. Remember that when you share information publicly, it may be indexable by search engines.
Testimonials: We post customer testimonials/comments/reviews on our Websites which may contain personal information. Prior to posting the testimonial, we obtain the customer’s consent to post their name along with their testimonial. If you want your testimonial removed, please reach out to us.
Practitioner Note: As part of the registration as well as the application creation and submission process that is available to Practitioners on Growtor certain information, including Personal Information or Sensitive Personal Data or Information is collected from the Practitioners.
(ii)Practitioners’ personally identifiable information, which they choose to provide to Growtor, is used to help the Practitioners describe and identify themselves. This information is exclusively owned by Growtor You will be the owner of your information and you consent to Growtor collecting, using, processing and/or disclosing this information for the purposes hereinafter stated Growtor may use such information for commercial purposes and in an aggregated or non-personally identifiable form for research, statistical analysis and business intelligence purposes, and may sell or otherwise transfer such research, statistical or intelligence data in an aggregated or non-personally identifiable form to third parties and affiliates.
Growtor also reserves the right to use information provided by or about the Practitioner for the following purposes:
- Publishing such information on the Website.
- Contacting Practitioners for offering new products or services subject to the telephone number registered with the DNC Registry.
- Contacting Practitioners for taking product feedback.
- Analyzing software usage patterns for improving product design and utility.
- Analyzing anonymized practice information including financial, and inventory information for commercial use.
(iii) Growtor automatically enables the listing of Practitioners’ information on its Website for every ‘Doctor’ or ‘Clinic’ added to a Practice using its software. The Practitioner information listed on Website is displayed when End-Users search for doctors on Website, and the Practitioner information listed on Website is used by End-Users to request for doctor appointments. Any personally identifiable information of the Practitioners listed on the Website is not generated by Growtor and is provided to Growtor by Practitioners who wish to enlist themselves on the Website, or is collected by Growtor from the public domain. Growtor displays such information on its Website on an as-is basis making no representation or warranty on the accuracy or completeness of the information. As such, we strongly encourage Practitioners to check the accuracy and completeness of their information from time to time, and inform us immediately of any discrepancies, changes or updates to such information. Growtor will, however, take reasonable steps to ensure the accuracy and completeness of this information.
(iv) Growtor may also display information for Practitioners who have not signed up or registered for the Services, provided that the Practitioners have consented to Growtor collecting, processing and/or disclosing their information on the Website. Such Practitioners are verified by Growtor or its associates, and Growtor makes every effort to capture accurate information for such Practitioners. However, Growtor does not undertake any liability for any incorrect or incomplete information appearing on the Website for such Practitioners.
End-User Account and Data Privacy:(1) Growtor may by its Services, collect information relating to the devices through which you access the Website, and anonymous data of your usage. The collected information will be used only for improving the quality of Growtor’s services and to build new services.
(2)The Website allows Growtor to have access to registered Users’ personal email or phone number, for communication purpose so as to provide you a better way of booking appointments and for obtaining feedback in relation to the Practitioners and their practice.
(3)Growtor 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 Growtor or to any other person acting on behalf of Growtor.
(4)The User is responsible for maintaining the confidentiality of the User’s account access information and password, if the User is registered on the Website. The User shall be responsible for all usage of the User’s account and password, whether or not authorized by the User. The User shall immediately notify Growtor of any actual or suspected unauthorized use of the User’s account or password. Although Growtor will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Growtor or such other parties as the case may be, due to any unauthorized use of your account.
(5)If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Growtor has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Growtor has the right to discontinue the Services to the User at its sole discretion.
(6)Growtor may use such information collected from the Users from time to time for the purposes of debugging customer support related issues.
(8)Growtor may also choose to not use this facility and show the practitioner’s direct number. In case you choose to not provide your consent to recording your calls that may have personal information required for appointment and booking purposes, Growtor reserves the right to not provide the Services for which such personal information is sought.
(9)Growtor collects, directly or indirectly, and displays on the Website, relevant information regarding the profile and practice of the Practitioners listed on the Website, such as their specialization, qualification, fees, location, visiting hours, and similar details. Growtor takes reasonable efforts to ensure that such information is updated at frequent intervals. Although Growtor 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.
(10)The Services provided by Growtor 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). Growtor does not provide or make any representation, warranty or guarantee, express or implied about the Website or the Services. Growtor does not guarantee the accuracy or completeness of any content or information provided by Users on the Website. To the fullest extent permitted by law, Growtor disclaims all liability arising out of the User’s use or reliance upon the Website, the Services, representations and warranties made by other Users, the content or information provided by the Users on the Website, or any opinion or suggestion given or expressed by Growtor or any User in relation to any User or services provided by such User.
(11)The Website may be linked to the website of third parties, affiliates and business partners. Growtor has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through our Website. Inclusion of any link on the Website does not imply that Growtor endorses the linked site. User may use the links and these services at User’s own risk.
(12)Growtor 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.
(13)If Growtor determines that you have provided fraudulent, inaccurate, or incomplete information, including through feedback, Growtor reserves the right to immediately suspend your access to the Website or any of your accounts with Growtor and makes such declaration on the website alongside your name/your clinic’s name as determined by Growtor for the protection of its business and in the interests of Users. You shall be liable to indemnify Growtor for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected Growtor or its Users.
(14)The information published under the head of “Industry wide city-wise Pricing Graph” is derived from a benchmarking group that is determined to be relevant by Growtor in the relevant city. Growtor has published this information for guidance purpose and does not have the ability to ascertain accuracy of the data based on which the information has been published and nor does it have any duty to disclose to anyone the source of the underlying data sets based on which this information has been published. Growtor is not liable in any manner for any consequence whatsoever arising out of any use of the information published here.
No Doctor-Patient Relationship:
NOT FOR EMERGENCY USE: (i) Please note that some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, “Information”) that may be available on the Website (including information provided in direct response to your questions or postings) may be provided by individuals in the medical profession. The provision of such Information does not create a licensed medical professional/patient relationship, between Growtor and you and does not constitute an opinion, medical advice, or diagnosis or treatment of any particular condition, but is only provided to assist you with locating appropriate medical care from a qualified practitioner.
(ii)It is hereby expressly clarified that, the Information that you obtain or receive from Growtor, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Website/Application 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.
(iii)The Services are not intended to be a substitute for getting in touch with emergency healthcare. If you are an End-User facing a medical emergency (either on your or another person’s behalf), please contact an ambulance service or hospital directly.
Book Appointment and Call Facility: Growtor enables Users to connect with Practitioners through two methods:
(1)Book facility that allows Users book an appointment through the Website and App.
(2)Value added telephonic services which connect Users directly to the Practitioner’s number provided on the Website and App.
The results of any search Users perform on the Website for Practitioners should not be construed as an endorsement by Growtor of any such particular Practitioner. If the User decides to engage with a Practitioner to seek medical services, the User shall be doing so at his/her own risk.
Growtor will ensure Users are provided confirmed appointment on the Book facility. However, Growtor has no liability if such an appointment is later cancelled by the Practitioner, or the same Practitioner is not available for appointment. Provided, it does not fall under the heads listed under the Growtor Guarantee Program, in which case the terms of this program shall apply.
Without prejudice to the generality of the above, Growtor 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 Growtor will not be liable for:
- User interactions and associated issues User has with the Practitioner;
- the ability or intent of the Practitioner(s) or the lack of it, in fulfilling their obligations towards Users;
- any wrong medication or quality of treatment being given by the Practitioner(s), or any medical negligence on part of the Practitioner(s);
- 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;
- any misconduct or inappropriate behavior by the Practitioner or the Practitioner’s staff;
Cancellation or no show by the Practitioner or rescheduling of booked appointment or any variation in the fees charged, provided these have been addressed to under, Growtor claim policy which are mention below;
Growtor Guarantee Terms & Conditions have been introduced to ensure you always get to meet the doctor you’ve booked an appointment with, through Growtor. Life is full of consequences and unplanned situations.
If you are unable to meet your doctor, you stand eligible for an e-gift voucher which will be notify you later by Growtor authorized team, that you can claim in your next appointment or any further option provided to you at that time, the terms and conditions mentioned herein below (“Guarantee Claim”).
Consult: Consult is a Service provided by Growtor that allows Users & Practitioners to communicate, on paid mode. Further, Users may access this feature on Website/ Application platform to get assigned, for the purposes of consultation, to a Practitioner whereby such Practitioners are inter alia assigned through the system that finds the most available and accepting Practitioner. The scope of this feature as detailed herein is collectively referred to as “Consult”.
Terms for Users:
(i)The Users expressly understand, acknowledge and agree to the following set forth herein below: Users can choose the Practitioner in certain events (like through Q&A, Feedback, Offering, etc). In cases where Users cannot choose a Practitioner (due to system setup), the system uses a program to find the most available and accepting Practitioner. For them.
(ii)The User agrees that by using Consult, the Practitioners on Consult will not be conducting physical examination of the Users, hence, they may not have or be able to derive important information that is usually obtained through a physical examination. User acknowledges and agrees that the User is aware of this limitation and agrees to assume the complete risk of this limitation.
(iii)The User understands that Consult shall not form a substitute for treatment that otherwise needs physical examination/immediate consultation. Further, the User understands that the advice provided by the Practitioner is based on general medical conditions and practices prevalent in India and other part of Asian region, to the best of his knowledge and ability, and not for conditions which are territory specific for regions other than India, irrespective of where the User is procuring medical services or engaging in communication with the Practitioner.
(iv)User shall refrain from raising any personal queries or advice on the Consult platform which are not related to a specific disease / medicine.
(v)If Practitioner responds to the User’s query, the system could trigger communications to the User, in the form of notification/text/email/others. The User further understands that Growtor may send such communications like text messages/email/calls before and/or after Practitioner’s consultation (physical or online) to User’s mobile number, based on the Practitioner’s settings (through the Website). However, and notwithstanding anything to the contrary in this Agreement, Growtor does not take responsibility for timeliness of such communications.
(vii)Users shall not use abusive language on the Consult platform. In the event of an abuse from the User is reported by a Practitioner, Growtor reserves the right to block such Users from the Consult platform and Growtor is not responsible for honouring any refund request towards his/her consultation on the Consult platform.
(viii)Users may share images or videos of the affected areas of their body parts with the Practitioner only if it is absolutely necessary for diagnosing his/her condition and if he/she is personally comfortable in sharing such images or videos. Growtor shall not be responsible for any such images or videos shared by the Users with the Practitioners.
(ix)During the consultation and thereafter, the Practitioner may upload the prescription/health records of the User on the account of the User on the Website/Application for access of the User. However, it is expressly clarified that for Users not located within India and using Consult, the Practitioner may or may not issue a prescription, at his sole discretion. Notwithstanding anything contained herein, Growtor is not in any manner responsible for any drug/medicines prescribed or the therapy prescribed by the Practitioner.
(x)In case any prescription is being provided to User by the Practitioner, the same is being provided basis the online consultation, however it may vary when examined in person, hence, in no event shall the prescription provided by Practitioners be relied upon as a final and conclusive solution.
The Users agree to use the advice from Practitioner on the Website/Application pursuant to:
(1) an ongoing treatment with their medical practitioner;
(2) a condition which does not require emergency treatment, physical examination or medical attention;
(3) medical history available as records with them for reference;
(4) a record of physical examination and report thereof with them, generated through their local medical practitioner;
(5) consultation with their medical practitioner before abandoning or modifying their ongoing treatment.
(6) Users shall ensure that any interaction/communication with the Practitioners, including sharing images or videos of the body parts, shall be only through the Consult platform. The Users shall not rely on any other external modes of communication for interacting/communicating with the Practitioners.
(xi)The User further agrees and understands that the Practitioner is a medical practitioner who is licensed to practice medicine in India and the onus is on the User to determine if he/she is eligible to consult with the Practitioners via the Website. It is expressly clarified that at no point in time can it be construed that the Practitioner is practicing medicine in a territory other than India, irrespective of where the User is located and procures medical services or engages in communication with the Practitioner, in any manner whatsoever.
(xii)Users shall be prepared to share all relevant documents or reports to the Practitioner promptly upon request.
(xiii)For every paid consultation on the Consult platform, the Users shall not obtain consultation for more than one User. In the event, the Users attempt to obtain consultation for more than one User through a single paid consultation on the Consult platform, such consultations will not be addressed by the relevant Practitioner.
(xiv)Users shall not persuade Practitioners to prescribe drugs (including higher dose strength) that do not conform to the Consult prescription policy. The restricted drugs are as follows:
(xv)If User decides to engage with a Practitioner to procure medical services or engages in communication, exchange of money for services outside of Consult platform, User shall do so at their own risk. Growtor shall not be responsible for any breach of Service or Service deficiency by any Practitioner.
(xvi)Drugs under the following pharmaceutical classifications such as; sedatives, hypnotics, opioids, schedule X drugs, or fourth generation antibiotics.
(xvii)If restricted drugs are indicated for treatment or management of a disease or condition by a Practitioner, the User shall physically visit the Practitioner of their choice to confirm the requirements/necessity for prescribing such restricted drugs.
(xviii)User understands and agrees to provide accurate information and will not use the Consult platform for any acts that are considered to be illegal in nature.
Medication for Medical Termination Pregnancy (MTP):
(1)The User agrees and understands that the transaction with the Practitioner is subject to jurisdiction of Indian laws and that any claim, dispute or difference arising from it shall be subject to the jurisdiction provision as contained in the Terms and Conditions hereunder, at all times.
(2)The User shall indemnify and hold harmless Growtor and its affiliates, subsidiaries, directors, officers, employees and agents from and against any and all claims, proceedings, penalties, damages, loss, liability, actions, costs and expenses (including but not limited to court fees and attorney fees) arising due to or in relation to the use of Website/Application by the User, by breach of the Terms or violation of any law, rules or regulations by the User, or due to such other actions, omissions or commissions of the User that gave rise to the claim.
(3)The User shall make payment using the payment gateway to make payments online, solely at User’s discretion. Should there be any issues with regard to the payment not reaching the Growtor account, the User may contact Growtor’s support team via(email@example.com).
Terms for Practitioners:
(i)The Practitioner shall promptly reply to the User after receiving User’s communication. In case of non-compliance with regard to adhering to the applicable laws/rules/regulations/guidelines by the Practitioner, Growtor shall have the right to replace such Practitioners for the purpose of consultation to the User.
(ii)In such cases, it may trigger a refund to the User and the User has the option of choosing other Practitioners. However, it is strongly recommended that the Practitioner advise the User and explain appropriately for next steps which may include referring the User for further evaluation.
(iii)The Practitioner is and shall be duly registered, licensed and qualified to practice medicine/ provide health care, wellness services, as per applicable laws/regulations/guidelines set out by competent authorities and the Practitioner shall not be part of any arrangement which will prohibit him/her from practicing medicine within the territory of India. The Practitioner shall at all times ensure that all the applicable laws that govern the Practitioner shall be followed and utmost care shall be taken in terms of the consultation/ services being rendered.
(iv)Practitioner shall ensure that, the consultation online is treated as an in-clinic consultation and provide advice to the best of Practitioners’ knowledge.
(vi)For direct consultations on the Consult platform, the practitioner shall ensure that they respond to User’s health concern within a maximum of two (2) hours of the Practitioner receiving the message (in exceptional circumstances, where the consultation was allocated to a Practitioner without their acceptance). However, the time frame for response shall be guided by Growtor authorized team by providing time slot frame to the Practitioner.
(vii)The Practitioner further understands that, there is a responsibility on the Practitioner to treat the User, as the Practitioner would have otherwise treated the User on a physical one-on-one consultation model.
(viii)The Practitioner has the discretion to cancel any consultation at any point in time in cases where the Practitioner feels, it is beyond his/her expertise or his/her capacity to treat the User.
(ix)In case, the Practitioner accepts a User’s consultation by their own choice, then such Practitioners shall ensure to provide a response within Six (6) minutes of accepting the said consultation. Also, the response time for a Practitioner during an active consultation shall not exceed Six (6) minutes.
(x)In case, the Practitioner has marked himself/herself available for a particular consultation on the Consult platform and in the event a consultation has been auto allocated to a Practitioner, then such Practitioners shall ensure to provide a response to the User within Six (6) minutes of accepting the consultation and during the active consultation period.
(xi)Practitioners should provide e-prescriptions to the Users only via the prescription module. However, when the Practitioner creates an e-prescription, the Practitioner will be required to confirm the e-prescription with their electronic signature explicitly or implicitly by clicking on the signature option made available or any other form of opt-in methods as provided therein.
(xii)For a Practitioner to complete a consult, it is mandatory to provide a consultation summary via the e-prescription module to all Users. The recommended contents (at least one) of the said consultation summary are as follows:
(a)Summary of presenting illness
(c)Medicine posology including side effects if any
(f)Other instructions if any
(g)Referral for physical consultation (if necessary)
(xiii)The Practitioner hereby agrees and covenants to be responsible and liable for the content of e-prescription and the authenticity of his signature signed electronically. In addition to any indemnity warranties provided else-where in the Agreement, the Practitioner hereby agrees to hold Growtor, its officers, employees, agents and affiliates harmless from any claims, damages, losses or penalties arising out of any third-party claims in connection with the validity of the e-prescription, its content and/or electronic signature.
(xiv)Where the Practitioner learns that a physical consultation is mandatory for accurate diagnosis and resolution of the case, the Practitioner shall mandatorily be required to provide a patient referral for physical evaluation along with required information via the prescription module.
(xv)Practitioners shall not prescribe, medical termination pregnancy medication, sedatives, Hypnotics, opioids, schedule X drugs, or fourth generation antibiotics on the Consult platform. If any such drugs are indicated for treatment for a given consultation, the Practitioner shall refer the User for a physical consultation.
(xvi)In the event the Practitioner learns about physical abuse, sexual misconduct (especially in minors), or User self-harm (suicide: planned, attempted or completed), the Practitioner agrees to report such events to Growtor via the email: firstname.lastname@example.org immediately
(xvii)If Practitioner needs to change the status to ‘unavailable’, the same could be changed after having completed all the open consultations. In case the Practitioner leaves a consultation open and changes the status to ‘unavailable’, the Practitioner understands that he shall be liable to pay such penalty as may be imposed by Growtor, in these cases.
(xviii)The Practitioner is not allowed to use any other platform other than the Consult platform for the purpose of interacting/communicating with the User and any attempt by the Practitioner to interact with the Users through any other external means of communication will amount to violation of this Agreement by the Practitioner.
(xix)The Practitioners agrees not to request see for images or video of the User’s private body parts in any manner whatsoever until and unless all other options have been exhausted to diagnose the User’s condition and it is absolutely necessary to arrive at a probable diagnosis.
(xx)The Practitioner acknowledges that if Growtor find the Practitioner to be in violation of any of the applicable laws/rules/ regulations/guidelines set/misusing the consult platform out by the authorities then Growtor shall be entitled to cancel the consultation and all the privilege with Growtor services and such Practitioner or take such other legal action as may be required.
(xxi)In case of there being any technical failure, at the time of transaction and there is a problem in making payment, User may contact Growtor’s support team via email@example.com.
(xxii)It is further understood by the Practitioner that the information that is disclosed by the User at the time of consultation is personal information and is subject to all applicable privacy laws, shall be confidential in nature and subject to User and Practitioner privilege.
(xxiii)The Practitioner understands that Growtor makes no promise or guarantee for any uninterrupted communication and the Practitioner shall not hold Growtor liable, if for any reason the communication is not delivered to the User(s), or are delivered late or not accessed, despite the efforts undertaken by Growtor.
(xxiv)The Practitioner understands that Growtor makes no promise or guarantee for the number of consultations that will be allocated to a Practitioner on the Consult platform. The consultations allocated to a Practitioner will depend upon various factors, which inter-alia includes, consult response time, patient feedback and number of practitioners available, etc., It is the responsibility of the Practitioner to keep a track of their overall performance using the Growtor application.
(xxv)It shall be the responsibility of the Practitioner to ensure that the information provided by User is accurate and not incomplete and understand that Growtor shall not be liable for any errors in the information included in any communication between the Practitioner and User.
(xvi)The Practitioner shall indemnify and hold harmless Growtor and its affiliates, subsidiaries, directors, officers, employees and agents from and against any and all claims, proceedings, penalties, damages, loss, liability, actions, costs and expenses (including but not limited to court fees and attorney fees) arising due to the Services provided by Practitioner, violation of any law, rules or regulations by the Practitioner or due to such other actions, omissions or commissions of the Practitioner that gave rise to the claim.
Advice of Counsel: Each Party acknowledges:
(v) Having had access to all such information as has been requested.
Notices: All notices and other communications required or permitted hereunder to be given to a Party shall be in writing, in the English language, and shall be sent by facsimile, e-mail, or mailed by prepaid Globally-recognized courier, or otherwise delivered by hand or by messenger, firstname.lastname@example.org
How to Contact Us: The best way to get in touch with us is to contact us at email@example.com. We’d love to hear your questions, concerns, and feedback about our Services.