Zoctr Health Private Limited ("Zoctr" and/or its affiliates) is the author and publisher of the Internet resource www.zoctr.com ("Website") on the world-wide web as well as all software and applications provided by Zoctr, including the Zoctr Mobile Website/App under the brand name "Zoctr" ("App") accessible from iOS and Android mobile devices including smart phones, tablets etc.
The Zoctr Website and App is a platform that facilitates the booking and purchase of Home Healthcare services including Nurses, Attendants, Doctors, Physiotherapists, Medical Equipments etc. The platform may also facilitate provision of additional services including Tele-Consultations and e-Commerce purchase of other related and incidental healthcare products including Pharmacy, Diagnostics, Health-kits, Ambulance, Insurance etc. (collectively the "Services") offered by Zoctr as well as its Partners (collectively the "Health Partners") from time to time. The Services are offered to the Users through various modes which shall include issue of discount coupons and vouchers that can be redeemed for various services.
The terms 'You' or 'Your' refer to you as the Health Partner or the User (registered or unregistered) of the Website, App and/or Service and includes all Visitors, Sellers, Service Providers and Health Partners to the Website or App apart from the Patients and the terms 'We', 'Us" and 'Our' refer to Zoctr.
This Agreement supersedes all previous oral and written terms and conditions (if any) communicated to You.
Use: The Website is a platform that facilitates the corporate and other information display for Zoctr as well as the online bookings and purchase of Home Healthcare services including Nurses, Attendants, Doctors, Physiotherapists and Medical Equipment bookings, Video Consultations, Laboratory, Pharmaceutical and other related and incidental products and services (collectively the "Services") offered by Zoctr as well as its Health Partners. You as a Health Partner can enroll for offering various Home Healthcare and/other related and incidental services provided you have the necessary qualification, professional certification and skill to offer such services and are allowed under the laws of the territory where such services are offered, to offer such services and Zoctr verifies and activates your profile as per its standard practice for Health Partners.
Zoctr is also the author and publisher of the computer software Zoctr, and all variants, editions, add-ons, and ancillary products or services of the computer software Zoctr (including all files and images contained in or generated by the software, and accompanying data, together). Zoctr software may be used by Health Partners to find, manage and organize information including but not limited to professional credentials, confirmation for willingness to provide Home Health Services and other related or incidental services offered on Zoctr Web/App against patient bookings and appointments on the Zoctr Website/App, support other product or service requirements including Medical Equipment, Pharmaceuticals, Laboratory and Diagnostic Tests, Ambulance and Emergency Services, Tele-Consultations etc.
Zoctr is also the author and publisher of the Zoctr Mobile Application or "App", available on both Android and iOS devices, and all variants, editions, add-ons, and ancillary products or services of the Zoctr App (including all files and images contained in or generated by the App, and accompanying data, together). Zoctr App may be used by Health Partners to find, manage and organize information including but not limited to professional credentials, confirmation for willingness to provide Home Health Services and other related or incidental services offered on Zoctr Website/App against patient bookings and appointments on the Zoctr Website/App, support other product or service requirements including Medical Equipment, Pharmaceuticals, Laboratory and Diagnostic Tests, Ambulance and Emergency Services, Tele-Consultations etc.
The Health Partner is a trained and skilled individual and is appropriately qualified and/or has necessary professional certifications and skills as applicable for the Home Health Services and other related and incidental services required and authorized to practice in the territory where the service is required. For the purpose of this agreement, a Health Partner will consist of Doctors, Nurses, Nursing Aides, Nursing Assistants, Attendants, Wardboys, Aaya Bais, Physiotherapists, Dieticians, Psychocounselors and other such similar professionals who provide health services. The Health Partner services patients in his/her individual capacity, within his/her scope of practice, on an on-call or long term care basis based on patient leads and requirements shared through the Zoctr App from time-to- time for services including Home Based Nursing Care, Home Based Attendant Care, Home Doctor and other Healthcare Professional visits. On a more generic level, a Healthcare Service Provider or Vendor providing healthcare support services such as Medical Equipment, Pharmaceuticals, Laboratory and Diagnostic Tests, Ambulance and Emergency Services and other related and incidental service leveraging the Zoctr platform is also termed as a Health Partner for the purposes of this Agreement.
The various types of content available on the Website / App may be categorised as follows:
All of the defined and capitalized terms in this Health Partner Agreement will have the meaning assigned to them here below:
1.1. "Account" shall mean the account created by the Health Partner on the Website/App for availing the Services provided by Zoctr.
1.2. "Applicable Laws" shall mean and include all applicable statutes, enactments, acts of legislature or parliament, laws, ordinances, rules, by-laws, regulations, notifications, guidelines, policies, directions, directives and orders of any governmental authority, tribunal, or a court of India.
1.4. "Force Majeure Event" shall mean any event arising due to any cause beyond the reasonable control of Zoctr.
1.5. "Registration Data" shall mean and may include the present, valid, true and accurate name, email id, phone number, address, educational, employment and professional credentials, proof of identity and address such as Aadhar Card, Pan Card and such other information and supportings as may be required by Zoctr from the Healthcare Partner from time to time for registration on the Zoctr Website/App.
3.1 You understand and acknowledge that You can register on the Website/App only after complying with the requirements of this Clause 3 and by entering Your Registration Data as required on the Website/App.
3.2 You are 18 Years of age or more and with a sound mind.
3.3 You shall ensure that the Registration Data provided by You is accurate, complete, current, valid and true and is updated from time to time. Zoctr shall bear no liability for false, incomplete, old or incorrect Registration Data provided by You.
3.4 Verification: You agree that Your use of Website/App is subject to verification by Us of Your identity and credentials as a healthcare practitioner, medical or paramedical professional and to Your ongoing qualifications and skills as such. As part of the registration process and at any time thereafter, You may be required to provide Us with various information such as Your Photo Id, Your medical/nursing registration details (as recognized by the Medical/Nursing Council of India and Your State Medical/Nursing Councils), Your qualifications, professional certifications, employment details and other information in order to prove that You are a valid healthcare practitioner, medical or paramedical professional in the field that You claim ("Credential Information"). We may verify such Credential Information or may ask You for additional information. We may also make enquiries from third parties to verify the authenticity of Your Credential Information. We may further consider Background Verification, Policy Verification, Civil/Criminal Court Order Check and such other standard HR verification processes to verify your identity and track record, whether directly or through a third party HR service provider. You authorize Us to make such enquiries from such third parties, and You agree to hold them and Us harmless from any claim or liability arising from the request for or disclosure of such information. You agree that We may terminate Your access to or use of the System and Services at any time if We are unable at any time to determine or verify Your Credential Information. We reserve to right to carry out re-verification of Credential Information as and when required, and the above rights and commitments will extend to re-verification as well.
3.5 You shall keep Your Credential Information updated and will inform Us immediately should any portion of Your Credential Information changes, be revoked, is cancelled or expires.
3.6 You will implement and maintain appropriate administrative, physical and technical safeguards to protect the Website/App from unauthorized access, use or alteration, and You will always use the Health Partner ID assigned to You.
3.7 You are solely responsible for maintaining the confidentiality of Your Registration Data and will be liable for all activities that occur through Your Account, whether initiated by You or any third party. Your Account cannot be transferred, assigned or sold to a third party. Zoctr shall not be liable for any loss that You may incur as a result of someone else using Your password or Account, either with or without Your knowledge.
3.8 You will not permit any third party to have access to the Website/App or to use the Website/App without Zoctr's prior written consent. You will not allow any third party to access the Website/App or provide information to Registered Users/ Non-Registered Users on the Website/App. You will promptly notify Zoctr of any order or demand for compulsory disclosure of health information if the disclosure requires access to or use of the System or Services.
3.9 You will immediately notify Us of any breach or suspected breach of the security of the Website/App of which You become aware, or any unauthorized use or disclosure of information within or obtained from the Website/App, and You will take such action to mitigate the breach or suspected breach as We may direct, and will cooperate with Us in investigating and mitigating such breach.
3.10 You hereby represent that you are not registered with the National Do Not Call (DNC) Registry, and expressly consent to receive communications including promotional content from Us through Your registered phone number and/or e-mail id.
3.11 We reserve the right to suspend Your Account with immediate effect for an indefinite period or permanently terminate Your Account with immediate effect, if We have a reason to believe that the Registration Data or any other data provided by You is incorrect or false, or that the security of Your Account has been compromised in any way, or upon termination of the Health Partner Agreement, as the case may be, executed between You and Us, or for any other reason Zoctr may find just or equitable.
3.13 It is Your responsibility to check and ensure that You download the correct application for Your device. Zoctr is not liable if You do not have a compatible mobile device or if You download the wrong version of the Website/App for Your mobile device. Zoctr reserves the right to terminate the Service and the use of the Website/App should You be using the Service or Website/App with an incompatible or unauthorized device.
3.14 Zoctr allows You to open only one Account in association with the Registration Data provided by You. In case of any unauthorized use of Your Account please immediately reach Us on firstname.lastname@example.org or raise an issue from the support section in the Website/App.
3.15 In case You are unable to access Your Account, or raise an issue from the support section in the Website/App, We will not be liable for any unauthorized activity made through Your Account prior to the expiry of 72 (seventy two) hours after, and shall not have any liability in case of Force Majeure Event.
4.1 You represent and warrant that You shall not use the Website/App in violation of any applicable laws and guidelines including Indian Medical Council (Professional conduct, Etiquette and Ethics) Regulations, 2002, Indian Nursing Council Regulations or any other code of conduct governed by Your professional council.
4.2 You are individually responsible for maintaining your current qualifications and professional certifications:
4.3 You shall submit a duly self-attested copy of your Educational Certificates as well as Central/State Medical/Nursing Council Registration Certificates along with Pan Card, Identity Proof (Aadhar Card, Voters ID, Passport, Driving License) and Address Proof as well as banking details at the time of registration or before offering or initiating services on the Website/App.
4.4 Insurance: You shall be responsible for procuring your own General Liability, Medical Malpractice and/or Professional Indemnity Insurance as applicable and any claim or liability falling on you due to professional misconduct or negligence will be handled by you without Zoctr having any role in assuming the said liability in any way.
4.5 Non-Solicitation: You agree that You will not solicit any registered User, Customer/Patient or offer direct rendering of services to customers/patients without the Company knowledge or involvement during the period of the agreement and for a period of six (6) months post closure of this agreement. You shall further not lure or solicit any existing employee, contractor or health partner of the Company for any alternate service or employment. You further agree that such solicitation may tantamount to severe damage to the Company that cannot be accounted solely in material terms and the Company shall be entitled to seek injunctive or other equitable relief in order to remedy such breach or minimize damages from such unauthorized solicitation apart from suitable monetary compensation.
4.6 You agree to serve the customer/patient in the best and most professional manner possible in your best judgment and adopt the highest standards of ethics, hygiene, infection control and safety as fit. You further ensure adherence to agreed appointment and duty timelines committed for services booked on the Website/App. In the event of an unforeseen delay or cancellation, you agree to inform Zoctr Staff as well as the customer/patient of the said delay atleast 1 day in advance so back-up arrangements can be made to ensure uninterrupted customer/patient service.
4.7 You further agree to not demand any direct payment from any customer/patient for services rendered by You to the patient. Any such demand shall be deemed to be a violation of this agreement resulting in immediate termination of services as well as other suitable disciplinary action.
4.8 You shall not boast of cases, operations, cures or remedies through the Zoctr Website/App.
4.9 You shall not claim to be a specialist unless You have a special qualification in that branch.
4.10 You shall not give any positive assertion or representation regarding the risk-free nature of communicating over online media.
4.11 User information: You hereby acknowledge that You may get access to User Information including identifiable health related information. You represent and warrant that You will, at all times during the use of the Website/App and thereafter, comply with all laws directly or indirectly applicable to You that may now or hereafter govern the collection, use, transmission, processing, receipt, reporting, disclosure, maintenance, and storage of User Information, including but not limited to the Information Technology Act, 2000 and The Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 made thereunder.,
4.12 Notwithstanding the generality of the aforementioned provision:
4.13 Cooperation: You will cooperate with Us in the administration of the Website/App, including providing reasonable assistance in evaluating the Website/App and collecting and reporting data requested by Us for the purposes of administering the Website/App.
4.14 You agree, in the course of this relationship, to maintain all proprietary information including User/Patient information in strictest confidence and shall not divulge this information to any third party including competitors at any time or in any manner without the express written consent of the Company.
4.15 You agree that no copies will be made or retained by You of any written information, written notes, patient information, photographs, or memoranda without the express knowledge and written consent of the Company.
5.1 The relationship between the company and the Health Partner is that of Health Partner. Nothing in this agreement shall be deemed to create or constitute a partnership, joint venture, employment, or agency relationship between parties.
5.2 Both parties shall adhere to strict confidentiality in all matters of business practice and patient information.
5.3 Both Parties will jointly establish procedures, adopt protocols and standards to ensure highest quality and appropriateness of care provided to the User/Patient.
5.4 Both parties will work in concert to ensure compliance with all statutory and regulatory requirements relating to provision of Home Healthcare and other related and incidental services.
5.5 The Company shall conduct a proper Induction Program including soft skills training for the Health Partner so as to enable him/her to perform services to required standards of care.
5.6 The Parties agree to indemnify and hold harmless each other on medico-legal claims and other liabilities arising from the performance of their respective services to Users/Patients.
5.7 Both parties shall further procure and maintain their own General Liability, Medical Malpractice and Professional Indemnities Insurance as appropriate.
5.8 The parties shall comply with all national, state, and local laws, ordinances, rules, and regulations that are applicable to the operation of the Company as well as state laws governing Health Partner practice.
6.1 The Company shall bill the User/Patient directly for all services procured by the User/Patient through its Website/App or any other channel of patient acquisition. The User/Patient will pay the Company directly for all such services procured by him/her via online payment/wire/cheque/demand draft or cash.
6.2 The Company agrees to pay fees as appropriate to the Health Partner for the services provided by him/her to patients as per agreed rates. Such fees shall be payable on a daily/weekly basis based on man-hours/man- days of services rendered or as mutually agreed between the parties and shall be subject to deduction of any attendance and late coming short falls, advances paid, applicable taxes including Tax Deducted at Source. The company agrees to NEFT or release Cheque payments or make Corporate Wallet Payments to the Health Partner as suitable within agreed payment periods.
6.3 The Company may further provide additional bonus or incentives to Health Partner fees or payouts for good performance or high User/Patient satisfaction at its complete and absolute discretion.
6.4 The Health Partner agrees not to demand any direct payment from any User/Patient for services rendered by him/her to the User/Patient. Any such demand shall be deemed to be a violation of this agreement resulting in immediate termination of services as well as other suitable disciplinary action.
6.5 Presently Zoctr does not charge any fee for browsing the Website/App or availing any Services thereof. However, in the event Zoctr decides to impose any such fee, whether for the use of the Website/App on the whole or some limited features therein, it shall be notified to You by email, a message on Your registered phone number or on the Website/App. Your continuous use of the Website/App after such notification shall be deemed to be acceptance of the fee by You. You agree to pay such fee depending on the features used by You, as long as You are registered on the Website/App.
7.1 You shall register / sign up on the Website/App by providing such details as required to be provided in the Website/App, following which You shall be able to avail the Service provided to You by Zoctr.
7.2 Zoctr shall provide a dashboard and support features on the Website/App for You to avail the Service provided by Zoctr to You.
7.3 By using the Website/App or the Service, You further agree that:
7.4 Zoctr reserves the right to immediately terminate the Service and the use of the Website/App in the event of non-compliance with any of the above requirements.
8.2 You shall not (i) sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or Website/App in any way; (ii) modify or make derivative works based upon the Service or Website/App; (iii) create Internet "links" to the Service or "frame" or "mirror" any Website/App on any other server or wireless or Internet-based device; (iv) reverse engineer or access the Website/App in order to (a) design or build a competitive product or service, (b) design or build a product using similar ideas, features, functions or graphics of the Service or Website/App, or (c) copy any ideas, features, functions or graphics of the Service or Website/App, or (v) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/orperformance of the Website/App.
8.3 You shall not: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Website/App or Service or the data contained therein; or (v) attempt to gain unauthorized access to the Website/App or Service or its related systems or networks.
8.6 You agree that You shall not reproduce, transcribe or make any copies of the ZOCTR Intellectual Property, in any form or manner and not copy or reverse engineer, or attempt to derive the composition or underlying information, structure or ideas of any such ZOCTR Intellectual Property.
9.1 In the event the Website/App allows, Zoctr may accept posting of any notes, messages, e-mails, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information given by you on the Website/App ("Posted Content") by You. You represent that You have obtained all permissions and consents required to post the Posted Content and such Posted Content complies with all requirements of the same. Zoctr shall not in any manner be responsible for or endorse the Posted Content.
9.2 You agree that when posting Posted Content, You will not:
10.1 All issues, opinions, suggestions, questions and feedback while availing the Services may be communicated to us through email/sms on email id and numbers mentioned on the Website/App.
10.2 Any issue reported on channels other than the above may be addressed by Zoctr only on a best-effort basis. Zoctr takes no liability for inability to get back on other channels.
11.1 Zoctr will strictly adhere to and adopt all reasonable measures to ensure compliance to all central and state government regulations and directives of the health ministry, Indian Council of Medical Research guidelines, the Medical Council of India, Nursing Council of India and State Council guidelines as applicable from time-to- time.
11.2 Zoctr will strictly adhere to and adopt all reasonable measures to ensure compliance to Data Privacy guidelines stipulated by Indian Laws concerning patient privacy and confidentiality for patient offline and online data.
11.3 Zoctr shall procure all necessary licenses including Gumasta, Sales Tax & GST Registration, and FDA Licenses and any other licenses as applicable to the products and services it offers.
Sexual & Other Harassment Prevention
11.4 Zoctr shall strive to take all reasonable steps towards the safety of its Users and Health Partners such as appropriate screening, background and reference checks, criminal court order record checks, appointment logging, GPS tracking and emergency activations for both Users/Patients and Health Partners.
11.5 Zoctr further takes any sexual or other harassment complaint from any User, Customer, Patient or Health Partner very seriously. Zoctr has detailed SOPs to handle such sexual harassment or verbal or physical abuse situations or charges and has further formed an Internal Complaint Committee (ICC), which deals with any complaints on Sexual Harassment as well as other matters of violence of any kind within the organization. Zoctr will also involve appropriate law enforcement agencies where it sees fit to tackle such sexual harassment matters including cases of rape, molestation, sexual misconduct or any kind of verbal or physical abuse or violence.
Health Partner Grievance Management
11.6 Zoctr shall maintain a Complaint Record for all Health Partner complaints, escalations and suggestions. Zoctr further has appointed designated "Mr. Jaysing Shinde" as the Grievance Officer, who will redress the grievances of the Health Partners expeditiously and can be reached on email@example.com with copy to firstname.lastname@example.org.
12.1 Your use of this Website/App shall be subjected to the following restrictions:
12.2 Zoctr, upon obtaining knowledge by itself or through any other source, shall be entitled to disable such information that is in contravention of this Agreement and shall be entitled without obligation to preserve such information and associated records for the purpose of production to governmental authorities for investigation purposes.
12.3 You will not host, display, upload, modify, publish, transmit, update or share any information that:
13.1 By Using This Website/App You Represent And Warrant That:
14.1 Zoctr does not authorize anyone to make a warranty on its behalf and You may not rely on any statement of warranty as a warranty by Us.
14.2 Zoctr and its Representatives, Officers, Employees, Agents and Contractors shall not be liable for any loss, damage, claim, expense, cost (including legal costs) or liability arising directly or indirectly from Your use or non-use of the Service or the Website/App, or Your reliance upon the Service or the information contained upon the Website/App (whether arising from Ola or any other person's negligence or otherwise).
14.3 The Website/App and all contents on the Website/App are provided on an "as is" basis without warranties of any kind, either express or implied, including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose. You acknowledge, by Your access of the Website/App, that Your access of the Website/App and availing of Services is at Your sole risk and You assume full responsibility for Your access and use of the Website/App, and that Zoctr shall not be liable for any damages of any kind related to Your access and use of the Website/App.
14.4 Zoctr disclaims any representation and/or warranty for the security, reliability, quality, timeliness, and performance of (i) the Website/App and its features; (ii) health service providers who promote or sell their services on the Website/App; (iii) any information, content or advice available on or received through the Website/App (iv) access to or alteration of user content or hp content (v) transmissions or data and (vi) any other matter relating to the website, app and / or services.
14.5 Zoctr makes no warranty or representation that any errors in the Website/App will be corrected except as required by law.
14.6 Zoctr assumes no responsibility and/or liability with respect to any content which you may post on the Website/App and you are solely responsible for such content posted on the site.
14.7 You agree that the open and real-time nature of the platform makes it impossible for Zoctr to vouch for the validity, authenticity and honesty of user content. Zoctr is not responsible for any user content on the site, or for the consequences of you reading or relying on such user content.
14.8 Neither Zoctr nor any third party service providers are liable for any technical or other operational difficulties or problems which may result in loss of your data, personalization settings or other interruptions in the features offered on the Website/App. Neither Zoctr nor any third party is liable for the deletion, loss, mis-delivery, timeliness or failure to store or transmit any User Content, HP content or Zoctr Content or your personalization settings.
14.9 Zoctr 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.
14.10 Zoctr does not provide any guarantee and shall not be held liable or responsible for the failure to send sms or other notifications or reminders to you as a feature of the Website/App.
14.11 Zoctr shall not be responsible or liable for any breach or loss of data including Personal Information caused due to events beyond the control of Zoctr or due to technical reasons or third party actions.
14.12 The Website/App may enable User to communicate with other Users or to post information to be accessed by others, whereupon other Users may collect such data. Such Users, including any moderators or administrators, are not authorized Zoctr representatives or agents, and their opinions or statements do not necessarily reflect those of Zoctr, and they are not authorized to bind Zoctr to any contract. Zoctr hereby expressly disclaims any liability for any reliance or misuse of such information that is made available by Users or Visitors in such a manner.
15.2 You shall be liable to indemnify and hold Zoctr harmless against all damages, losses, costs and expenses incurred by Zoctr as a consequence of any complaint from any third party received by Zoctr with respect to Your defective usage of the Website/App.
16.1 The information, recommendations and/or Services provided to You on or through the Website/App and by our call centre are for general information purposes only and does not constitute advice. Zoctr will endeavor and reasonably keep the Website/App and its contents correct and up-to- date but does not guarantee that the Website/App or its content is free of errors, defects, malware and viruses or that the Website/App is correct, up to date and accurate.
16.2 Zoctr shall not be liable for any damages resulting from the use of or inability to use the system, including damages caused by wrong usage of URL, error in call centre number, network issues, malware, viruses or any incorrectness or incompleteness of the Information or the Website/App.
16.3 Zoctr does not assure a complete sustainability of its Service and shall not be held responsible or liable for the same, in any manner.
16.5 If Applicable Law does not permit the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages or death or personal injury, the scope and duration of such warranty exclusions and the extent of the liability of Zoctr shall be the minimum permitted under Applicable Law.
16.6 The Health Partner shall not hold Zoctr responsible or liable in any way for any disclosures by Zoctr under Regulation 6 of the SPI Rules.
17.5 Termination of this agreement will not prejudice accrued rights of either Zoctr or You.
17.7 This Agreement will remain in full force and effect while the Health Partner is a user of the Website/App in any form or capacity.
17.8 Health Partner can terminate his/her/its relationship with Zoctr at any time by providing 30 (thirty) days' prior written notice to email@example.com or calling relevant Zoctr Staff. We need this period to inactivate Health Partner account, only after verifying if there are any ongoing or pending Services or Payments. Zoctr may require Health Partner to continue until the completion of an on-going Service should the situation warrant.
17.9 In the event when the Health Partner has breached this Agreement in Zoctr's sole discretion or when Zoctr is unable to verify or authenticate any information provided by Health Partner to Zoctr or when or Health Partner fails to provide the consents necessary or desirable for Zoctr to provide the Services (or after providing such consent, later revokes), Zoctr reserves the right to suspend and / or terminate Your Health Partner account and/or access to the Website/App by blocking Your IP address or email id with or without notice to You. Any suspected illegal, fraudulent or abusive activity may be grounds for suspending and / or terminating Your Health Partner account and/or Your access to the Website/App. Upon suspension or termination, Your right to use the features on the Website/App shall immediately cease and Zoctr may remove or delete Your information that is available with the Company, including but not limited to login and account information.
17.10 Upon Health Partner account termination or suspension, regardless of the reasons therefore, the Health Partner's right to use the Website, App, User Content, HP Content or Zoctr Content immediately ceases, and Health Partner acknowledges and agrees that Zoctr may immediately deactivate or delete Health Partner account and all related information and files in Health Partner account and/or bar any further access to such files or this site.
17.11 Zoctr shall not be liable to Health Partner or any third party for any claims or damages arising out of any termination or suspension of Health Partner' account or any other actions taken by Zoctr in connection with such account termination or suspension.
17.12 Once Health Partner's account has been temporarily or indefinitely suspended or terminated, Health Partner may not continue to use the Website/App under the same account, a different account or re-register under a new account.
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 e-mail, or mailed by prepaid internationally-recognized courier or otherwise delivered by hand or by messenger, addressed to such Party's address as set forth below or at such other address as the Party shall have furnished to the other Party in writing in accordance with this provision:
If to Zoctr:
Zoctr Health Pvt. Ltd.
1002, 10th Floor, Lodha Supremus,
iTHINK Techno Campus, Kanjur Marg (E),
Mumbai - 400 042
If to You:
Registered Email Id or Postal Address provided by You to us when You registered as a Health Partner
20.2 In the event the delivery of the notice is attempted to be made at all the contact addresses provided by the party, the notice shall be deemed delivered on the third day from the date of the notice.
22.1 The information provided under this Website/App and the terms and conditions therein are governed by and to be interpreted in accordance with the Laws of India.
22.2 Any dispute, claim or controversy arising out of or relating to this notice or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this Agreement to arbitrate, or to Your use of the Website, App or its features or the information to which it gives access, shall be determined by arbitration in India, before a single arbitrator in accordance with the Arbitration and Conciliation Act, 1996. The venue of such arbitration shall be Mumbai, India. The governing law of the Agreement shall be the substantive law of India. 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.
22.3 The Parties shall have the right to apply to a court of competent jurisdiction to obtain interim injunctive relief in respect of any dispute, pending resolution of such dispute in accordance with the Agreement.
23.2 If a Health Partner has any questions concerning Zoctr, the Website, App, this Agreement, or anything related to any of the foregoing, Zoctr can be reached at the following via email at firstname.lastname@example.org.
23.4 No term of the Agreement shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented. Any consent by any Party to, or waiver of a breach by the other, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
23.5 Complete Understanding: The Agreement contain the entire understanding of the Parties, and there are no other written or oral understandings or promises between the Parties with respect to the subject matter of the Agreement other than those contained or referenced in the Agreement.
23.6 Force Majeure: Zoctr shall not be liable for any downtime or delay or unavailability of the Website caused by circumstances beyond Zoctr's reasonable control, including without limitation, acts of God, acts of government, floods, fires, earthquakes, civil unrest, acts of terror, strikes or other labor problems, internet service provider failures or delays, or denial of service attacks.
23.7 Advertisement: Zoctr shall have the right to place advertisements and publicity materials of its choice, including that pertaining to parties other than itself for commercial use through electronic means on the Website/App.
23.9 Survival: Even after termination, certain obligations mentioned under this Agreement such as Limitation of Liability, Indemnity, Intellectual Property, Dispute Resolution will continue and survive termination.
23.10 Modifications: Zoctr reserves the right to modify any part of the Agreement at any time without giving You prior notice. If You do not agree to the changes, please do not use the Website/App any further.
Version No. 2.0
Last Updated: 1 st October, 2017
By using our Services, you agree to our Terms and Conditions as stated above.