1. NATURE AND APPLICABILITY OF TERMS:

Please carefully go through these terms and conditions (“Terms”) and the privacy policy available at https://hia.care/site/policy (“Privacy Policy”) before you decide to access the Website or avail the services made available on the Website by Hia. These Terms and the Privacy Policy together constitute a legal agreement (“Agreement”) between you and Hia in connection with your visit to the Website and your use of the Services (as defined below).

1.1. The Agreement applies to you whether you are -

• 1.1.1. A medical Doctor (Doctor or Physician) or Healthcare 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 Doctors or institutions (“Doctor(s)”, “you” or “User”); or
• 1.1.2. A patient, his/her representatives or affiliates, searching for Doctors through the Website (“End-User”, “you” or “User”); or
• 1.1.3. Otherwise a user of the Website (“you” or “User”).

1.2. This Agreement applies to those services made available by Hia on the Website, which is offered free of charge to the Users (“Services”), including the following:

• 1.2.1. For Doctors: Listing of Doctors and their profiles and contact details, to be made available to the other Users and visitors to the Website;
• 1.2.2. For other Users: Facility to (i) create and maintain ‘Health Accounts’, (ii) search for Doctors by name, specialty, and geographical area, or any other criteria that may be developed and made available by Hia, and (iii) to make appointments with Doctors.
• 1.2.3. The Services may change from time to time, at the sole discretion of Hia, 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.
• 1.2.4. 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 [email protected].
• By downloading or accessing the Website to use the Services, you irrevocably accept all the conditions stipulated in this Agreement and agree to abide by them. This Agreement supersedes all previous oral and written terms and conditions (if any) communicated to you. By availing any Service, you signify your agreement to this Agreement.
• We reserve the right to modify or terminate any portion of the Agreement for any reason and at any time, and such modifications shall be informed to you in writing You should read the Agreement at regular intervals. Your use of the Website following any such modification constitutes your agreement to follow and be bound by the Agreement so modified. Any additional terms and conditions, disclaimers, privacy policies and other policies applicable in general and/ or to specific areas of this Website or to particular Service are also considered as part of the Agreement.
• 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 Hia.

1.3. The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but not limited to:

• 1.3.1. Hia has the ultimate right to change or cancel any service or contract without any further notice.
• 1.3.2. the Bangladesh Contract Act, 1872,
• 1.3.3. the (Bangladesh) Information Technology Act, 2006, and
• 1.3.4. the rules, regulations, guidelines, and clarifications framed there under the (Bangladeshi) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules.

2. CONDITIONS TO USE:

You must be 13 years of age or older 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 Hia that you are 13 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, and agree to and abide by this Agreement.

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

3.1.1. Hia 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 Hia services and to build new services.

3.1.2. The Website allows Hia 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 Doctors and their practice.

3.1.3. The Privacy Policy sets out: The type of information collected from Users, including sensitive personal data or information;

3.1.4. The purpose means and modes of usage of such information: The User is expected to read and understand the Privacy Policy, so as to ensure that he or she has the knowledge of:

3.1.5. Hia 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 Hia or to any other person acting on behalf of Hia

3.1.6. 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 PlexuxD of any actual or suspected unauthorized use of the User’s account or password. Although Hia will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Hia or others due to such unauthorized use.

 

3.1.7. If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Hia has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Hia has the right to discontinue the Services to the User at its sole discretion.

3.1.8. Hia may use such information collected from Users from time to time for the purposes of debugging customer support related issues.

 

3.1.9. Against every Doctor listed in hia.care, you may see a ‘show number’ option. When you choose this option, you choose to call the number through Hia, and the records of such calls are recorded and stored in Hia servers. Such records are dealt with only in accordance with the terms of the Privacy Policy. Such call facility provided to you by Hia should be used only for appointment and booking purposes, and not for consultation on health-related issues. Hia accepts no liability if the call facility is not used in accordance with the foregoing.

 

3.1.10. Hia may provide End-Users with a free facility known as ‘Health Account’ on the Website and its mobile application ‘Hia’. The specific terms relating to such account are as below, without prejudice to the rest of these Terms and the Privacy Policy:

• 3.1.10.1. Your Health Account is only created after you have signed up and explicitly accepted these terms.
• 3.1.10.2. Information available in your Health Account is of two types:

• 3.1.10.2.1. Patient-created: Information generated and uploaded by you.
• 3.1.10.2.2. Practice-created: Information generated by your interaction with a Doctor who uses Patient Management or other Services of software.

• Any Practice created information is provided on an as-is basis and Hia 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 information in any manner.
• The Health Account is provided on a best-efforts as-is basis. While we strive to maintain the highest levels of service availability, Hia is not liable for any interruption that may be caused to your access to the Services.

 

• It is your responsibility to keep your correct mobile number and email ID updated in the Health Account. The records will be sent to the account associated with this mobile number and/or email ID. Every time you change any contact information (mobile or email), we will send a confirmation. Hia is not responsible for any loss or inconvenience caused due to your non-updating of your contact details for the Health Account. !!Next day will start from here !!

 

• Hia uses industry–level security and encryption to your Health Account. However, Hia cannot guarantee to 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 [email protected].
• If you access your dependents’ record through your Health Account by registering your dependents with your own Health Account, you are deemed to be responsible for the records of your dependents and all obligations that your dependents would have had had they maintained their own separate individual Health Accounts.

3.2 RANKING ALGORITHM
Hia's ranking algorithm for the Doctors is a fully automated system that lists the Doctors, their profile and information regarding their Practice on its Website. These listings of Doctors do not represent any fixed objective ranking or endorsement by Hia. Hia will not be liable for any change in the ranking of the Doctors, which may take place from time to time. The listing of Doctors will be based on an automated computation of the various factors including inputs made by the Users including their comments and feedback. The ranking algorithm is proprietary technology and cannot be disclosed in full. Such factors may change from time to time, in order to improve the listing algorithm. Hia in no event will be held responsible for the accuracy and the relevancy of the listing order of the Doctors on the Website.

3.3. LISTING CONTENT AND DISSEMINATING INFORMATION

 

3.3.1. Hia collects, directly or indirectly, and displays on the Website, relevant information regarding the profile and practice of the Doctors listed on the Website, such as their specialization, qualification, fees, location, visiting hours, and similar details. Hia takes reasonable efforts to ensure that such information is updated at frequent intervals. Although Hia screens and vets the information and photos submitted by the Doctors, it cannot be held liable for any inaccuracies or incompleteness represented from it, despite such reasonable efforts.

 

3.3.2. The Services provided by Hia 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). Hia does not provide or make any representation, warranty or guarantee, express or implied about the Website or the Services. Hia 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, Hia 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 Hia or any User in relation to any User or services provided by such User.

 

3.3.3. The Website may be linked to the website of third parties, affiliates, and business partners. Hia 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. The inclusion of any link on the Website does not imply that Hia endorses the linked site. The user may use the links and these services at User’s own risk.

 

3.3.4. Hia 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.

 

3.3.5. If Hia determines that you have provided fraudulent, inaccurate, or incomplete information, including through feedback, Hia reserves the right to immediately suspend your access to the Website or any of your accounts with Hia and makes such declaration on the website alongside your name/your clinic’s name as determined by Hia for the protection of its business and in the interests of Users. You shall be liable to indemnify Hia for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected Hia or its Users.

3.4. APPOINTMENT BOOKING AND INTERACTION WITH DOCTORS

 

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

 

3.4.2. Hia provides value-added telephonic services which connect Users directly to the Doctors and the information exchanged between the User and the Doctors is stored and used in accordance with the Privacy Policy. However, it is at the discretion of the User, to avail the Service. If a User has used the telephony service, Hia reserves the right to share the contact details of the User with the Doctors contacted.

 

3.4.3. 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. You shall not hold Hia responsible for any such interactions and associated issues. For the avoidance of doubt, Hia 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. The results of any search you perform on the Website for Doctors should not be construed as an endorsement by Hia of any such particular Doctor. Hia shall not be responsible for any breach of service or service deficiency by any Doctor. We cannot assure or 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.

 

3.4.4. Without prejudice to the generality of the above, Hia 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 Hia 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.

3.4.5. Further, Hia shall not be liable, under any event, for any comments or feedback given by any of the Users in relation to the services provided by another User. All such feedback should be made in accordance with applicable law. The option of Users to give feedback remains at Hia sole discretion and may be modified or withdrawn at its sole discretion. Hia may moderate such feedback at any time. Hia shall not be obliged to act in any manner to give effect to the content of Users’ feedback, such as suggestions for delisting of a particular Doctor from the Website.

3.5 NO DOCTOR-PATIENT RELATIONSHIP NOT FOR EMERGENCY USE

 

3.5.1. 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 Hia 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 Doctor.

 

3.5.2. It is hereby expressly clarified that the Information that you obtain or receive from Hia, 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.

 

3.5.3. 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 an another person’s behalf), please contact an ambulance service or hospital directly.

3.6 Hia Assistance or Q&A

 

3.6.1. Hia Assistance Or Q&A enables Users to connect with Doctors by posting health-related queries on their respective Health Accounts. Hia Assistance or Q&A allows Doctors to respond to such queries using a special software application provided to Doctors by Hia.

 

3.6.2. The User may post two types of queries on their Health Accounts: (i) public queries, which is sent through Hia Assistance Or Q&Ato 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.

 

3.6.3. The User hereby grants consent to Hia to transfer the health-related queries posted by the User to Doctors for the provision of the services under Hia Assintance Or Q&Aand agrees that any such information provided by the User will be subject to our Privacy Policy.

 

3.6.4. The public queries posted by the Users are sent to multiple Doctors chosen through a fully automated system. The automated system 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. Hia will not be responsible for the Doctors chosen to respond to the queries.

 

3.6.5.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, Hia shall provide the User an option to directly remit the amount to the Doctor through Hia using the Health Account. Upon receipt of the payment, the Doctor shall provide his response to the query. The amount paid to the Doctor is non-refundable and Hia 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 Hia at [email protected] and Hia shall take reasonable endeavors to resolve the matter.

 

3.6.6. Hia Healthcare Intelligence Application is intended for general purposes only and is not meant to be used in emergencies. All the conditions prescribed in Clause 3.5 of this Terms of Use shall apply to the Users.

 

3.6.7. The User understands and agrees that any interactions and associated issues with the Doctor on Healthcare Intelligence Application including but not limited to the User’s health issues and the User’s experiences   strictly between the User and the Doctor. The User shall not hold Hia responsible for any such interactions and associated issues. Hia is not involved in providing any healthcare or medical advice or diagnosis and hence is not responsible for any outcome between the User and the Doctor, the User interacts with. If you decide to engage with a Doctor to provide medical services to you, you do so at your own risk. Hia shall not be responsible for any breach of service or service deficiency by any doctor or health care provider.

3.7 Hia Health Desk

 

3.7.1. Hia Health Desk (“Health Desk”) is an online content platform available on the website, wherein Doctors who have created a Hia profile and Users who have created a health account can log in and post health and wellness related content

 

3.7.2. A User can use Fit by logging in from their health account, creating original content comprising text, audio, video, images, data or any combination of the same (“Content”), and uploading said Content to Hia servers. Hia will make available to the User a gallery of images licensed by Hia from a third party stock image provider (“Hia Gallery”). The User can upload their own images or choose an image from the Hia Gallery. Hia does not provide any warranty as to the ownership of the intellectual property in the Hia Gallery and the User acknowledges that the User will use the images from the Hia Gallery at their own risk. Hia shall post such Content to Fit at its own option and subject to these Terms and Conditions. The Content uploaded via Fit does not constitute medical advice and may not be construed as such by any person.

 

3.7.3. The User acknowledges that they are the original authors and creators of any Content uploaded by them via Fit and that no Content uploaded by them would constitute an infringement of the intellectual property rights of any other person. Hia reserves the right to remove any Content which it may determine at its own discretion as violating the intellectual property rights of any other person. The User agrees to absolve Hia from and indemnify Hia against all claims that may arise as a result of any third party intellectual property right claim that may arise from the user’s uploading of any Content on Fit. The User may not use the images in the Hia Gallery for any purpose other than those directly related to the creation and uploading of Content to Fit. The User also agrees to absolve Hia from and indemnify Hia against all claims that may arise as a result of any third party intellectual property claim if the User downloads, copies or otherwise utilizes an image from the Hia Gallery for his/her personal or commercial gain.

 

3.7.4. The user hereby assigns to Hia , in perpetuity and worldwide, all intellectual property rights in any Content created by the User and uploaded by the User via Fit.

 

3.7.5. Hia shall have the right to edit or remove the Content and any comments in such manner as it may deem fit at any time.

 

3.7.6. The User agrees not to upload Content which is defamatory, obscene or objectionable in nature and Hia reserves the right to remove any Content which it may determine at its own discretion to violate these Terms and Conditions or be Hia of any law or statute in force at the time. The User agrees to absolve Hia from and indemnify Hia against all claims that may arise as a result of any legal claim arising from the nature of the Content posted by the User on Fit.

 

3.7.7. A User may also use Fit in order to view original content created by Doctors and to create and upload comments on such Content, where allowed.

3.7.8. User acknowledges that the Content on Fit reflects the views and opinions of the authors of such Content and do not necessarily reflect the views of Hia .

3.7.9. User agrees that the content they access on Fit does not in any way constitute medical advice and that the responsibility for any act or omission by the User arising from the User’s interpretation of the Content, is solely attributable to the user. The User agrees to absolve Hia from and indemnify Hia against all claims that may arise as a result of the User’s actions resulting from the User’s viewing of Content on Fit.

3.7.10. The User acknowledges that all intellectual property rights in the Content on Fit vests with Hia . The User agrees not to infringe upon Hia intellectual property by copying or plagiarizing content on Health Desk. Hia reserves its right to initiate all necessary legal remedies available to them in case of such infringement by the User. All comments created and uploaded by the User on Health Desk will be the sole intellectual property of Hia. The User agrees not to post any comments on Health Desk that violate the intellectual property of any other person. Hia reserves the right to remove any comments which it may determine at its own discretion as violating the intellectual property rights of any other person. The User agrees to absolve Hia from and indemnify Hia against all claims that may arise as a result of any third party intellectual property right claim that may arise from the User’s uploading of any comment on Fit.

 

3.7.11. User agrees not to post any comments which are defamatory, obscene, objectionable or in nature and Hia reserves the right to remove any comments which it may determine at its own discretion to violate these Terms and Conditions or be violative of any law or statute in force at the time. The User agrees to absolve Hia from and indemnify Hia against all claims that may arise as a result of any legal claim arising from the nature of the comments posted by the User on Health Desk.

 

3.8 CONTENT OWNERSHIP AND COPYRIGHT CONDITIONS OF ACCESS

 

3.8.1. The contents listed on the Website are (i) User-generated content, or (ii) belong to Hia. The information that is collected by Hia directly or indirectly from the End- Users and the Doctors shall belong to Hia. Copying of the copyrighted content published by Hia on the Website for any commercial purpose or for the purpose of earning a profit will be a violation of copyright and Hia reserves its rights under applicable law accordingly.

 

3.8.2. Hia authorizes the User to view and access the content available on or from the Website solely for ordering, receiving, delivering and communicating only 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, " Hia Content"), are the property of Hia and are protected under copyright, trademark and other laws. User shall not modify the Hia Content or reproduce, display, publicly perform, distribute, or otherwise use the Hia Content in any way for any public or commercial purpose or for personal gain.

 

3.8.3.User shall not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.

 

4. TERMS OF USE DOCTORS: 

   The terms in this Clause 4 are applicable only to Doctors.

 

4.1 LISTING POLICY

 

 

4.1.1. Hia, directly and indirectly, collects information regarding the Doctors ’ profiles, contact details, and practice, and publishes these details on the Website. On a Doctor’s request, Hia may take down any part of such Doctor’s profile on the Website, provided, however, that Hia shall at no time be under any obligation to take down publicly available information about a Doctor, his/her profile, contact details and/or practice. All information regarding the Doctors ’ profiles, contact details, and practice is collected for the purpose of facilitating interaction between and among End-Users, members of the public and Doctors. If any information displayed on the Website in connection with you and your profile is found to be incorrect, you are required to inform Hia immediately to enable Hia to make the necessary amendments.

 

4.1.2. Hia shall not be liable and responsible for the ranking of the Doctors on external websites and search engines

 

4.1.3. Hia shall not be responsible or liable in any manner to the Users for any losses, damage, injuries or expenses incurred by the Users as a result of any disclosures or publications made by Hia, where the User has expressly or implicitly consented to the making of disclosures or publications by Hia. If the User had revoked such consent under the terms of the Privacy Policy, then Hia shall not be responsible or liable in any manner to the User for any losses, damage, injuries or expenses incurred by the User as a result of any disclosures made by Hia prior to its actual receipt of such revocation.

 

4.1.4. Hia reserves the right to moderate the suggestions made by the Doctors through feedback and the right to remove any abusive or inappropriate or promotional content added on the Website. However, Hia shall not be liable if any inactive, inaccurate, fraudulent, or non- existent profiles of Doctors are added to the Website.

 

4.1.5. Hia reserves the right to publish the User information to a third party, subject to prior explicit informed consent from the User.

 

4.1.6.When you are listed on hia.care, End-Users may see a ‘show number’ option. When End-Users choose this option, they choose to call your number through a free telephony service provided by Hia, and the records of such calls are recorded and stored in Hia servers. Such records are dealt with only in accordance with the terms of the Privacy Policy. Such call facility provided to End-Users and to you by Hia should be used only for appointment and booking purposes, and not for consultation on health-related issues. Hia accepts no liability if the call facility is not used in accordance with the foregoing.

 

4.1.7. You as a Doctor hereby represent and warrant that you will use the Services in accordance with applicable law. Any contravention of applicable law as a result of your use of these Services is your sole responsibility, and Hia accepts no liability for the same.

 

4.2 PROFILE OWNERSHIP AND EDITING RIGHTS
 Hia ensures easy access to the Doctors by providing a tool to update your profile information. Hia reserves the right of ownership of all the Doctor’s profile and photographs and to moderate the changes or updates requested by Doctors . However, Hia takes the independent decision whether to publish or reject the requests submitted for the respective changes or updates. You hereby represent and warrant that you are fully entitled under law to upload all content uploaded by you as part of your profile or otherwise while using Hia’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, Hia may modify or delete parts of your profile information at its sole discretion with or without notice to you.

 

4.3 REVIEWS AND FEEDBACK DISPLAY RIGHTS OF Hia

 

4.3.1. All Critical Content is content created by the Users of https://hia.care (“Website”) and the clients of Hia customers and Doctors, including the End-Users. As a platform, Hia does not take responsibility for Critical Content and its role with respect to Critical Content is restricted to that of an ‘intermediary’ under the Information Technology Act, 2000. The role of Hia and other legal rights and obligations relating to the Critical Content are further detailed in Clauses 3.9 and 5 of these Terms. Hia’s Feedback Collection and Fraud Detection Policy is annexed as the Schedule hereto and remains subject always to these Terms.

 

4.3.2. Hia reserves the right to collect feedback and Critical Content for all the Doctors, Clinics and Healthcare Providers listed on the Website.

 

4.3.3. Hia shall have no obligation to pre-screen, review, flag, filter, modify, refuse or remove any or all Critical Content from any Service, except as required by applicable law.

 

4.3.4. You understand that by using the Services you may be exposed to Critical Content or other content that you may find offensive or objectionable. Hia shall not be liable for any effect on Doctor’s business due to Critical Content of a negative nature. In these respects, you may use the Service at your own risk. Hia however, as an ‘intermediary, takes steps as required to comply with applicable law as regards the publication of Critical Content. The legal rights and obligations with respect to Critical Content and any other information sought to be published by Users are further detailed in Clauses 3.9 and 5 of these Terms.

 

4.3.5. Hia will take down information under standards consistent with applicable law, and shall in no circumstances be liable or responsible for Critical Content, which has been created by the Users. The principles set out in relation to third party content in the terms of Service for the Website shall be applicable mutatis mutandis in relation to Critical Content posted on the Website.

 

4.3.5. If Hia determines that you have provided inaccurate information or enabled fraudulent feedback, Hia reserves the right to immediately suspend any of your accounts with Hia and makes such declaration on the website alongside your name/your clinics name as determined by Hia for the protection of its business and in the interests of Users. You shall be liable to indemnify Hia for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected Hia or its Users.

 

4.4 RANKING ALGORITHM Hia has designed the ranking algorithm in the best interest of the End-User and may adjust the ranking from time to time to improve the quality of the results given to the patients. It is pure merit driven, a proprietary ranking algorithm which cannot be altered for specific   Hia shall not be liable for any effect on the Doctor’s business interests due to the rank of the doctor in the Ranking Algorithm.

 

4.5 INDEPENDENT SERVICES
 Your use of each Service confers upon you only the rights and obligations relating to such Service, and not to any other service that may be provided by Hia.

 

4.6 Hia REACH RIGHTS
 Hia reserves the rights to display sponsored ads on the Website. These ads would be marked as “Sponsored Listings”. Without prejudice to the status of other content, Hia will not be liable for the accuracy of information or the claims made in the Sponsored Listings. Hia does not encourage the Users to visit the Sponsored Listings page or to avail any services from them. Hia will not be liable for the services of the providers of the Sponsored Listings. 
You represent and warrant that you will use these 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 Hia accepts no liability for the same.

 

4.7 Hia Healthcare Intelligence Application

 

4.7.1. Hia Assistance Or Q&AEnables Doctors to connect with the Users by responding to the health-related queries posted by them on their Health Accounts using the special software application provided to Doctors by Hia (“Hia ”).

 

4.7.2. The User may post two types of queries on their Health Accounts (i) public query, which is sent through Hia Assistance or Q&A to multiple Doctors and enables any of the chosen Doctor to respond to the query posted; and (ii) private query, which will be only sent to the Doctor that the User has chosen. 4.7.3 The public queries posted by the Users are sent to multiple Doctors through a fully automated system installed in the Hia. The automated system 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. Hia 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.

 

4.7.4. Doctor agrees that, when providing any written response to a User’s 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.

 

4.7.5. In the event, the Doctor indicates as part of his response the pre-consultation fee payable for the advice solicited through the private query, Hia shall provide the User an option to directly remit the amount to the Doctor through the Health Account and subsequently deduct a portion from the amount paid as its fee for the performance of the services.

 

4.7.6. Hia shall remit the fees to the Doctor in accordance with the terms agreed between the Doctors and Hia in the Software License and Services Agreement executed between them.

 

4.7.7. Hia reserves the right to revise the fee terms at any time at their discretion. The Doctor’s continued use of the services and Doctor App shall constitute his/her consent to such revision.

 

4.7.8. Doctor hereby agrees that it shall use the plexus Pro App for the purpose specified in these Terms of Use and shall not use the Doctor App for any unauthorized and unlawful purpose, including impersonating another person.

 

4.7.9. Doctor hereby represents and warrants that he/she is qualified to provide medical services within the territory of Bangladesh;

 

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 Hia true, accurate, complete and up to date details about their qualification and credentials.

 

4.7.10. Doctor agrees that he/she shall at all times abide by the applicable medical regulations including the code of professional ethics as prescribed under applicable laws.

 

4.7.11. Doctors shall promptly renew their licenses required to provide medical services and notify Hia about the same.

 

• 4.7.12. Hia 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;
• Hia is unable to verify or authenticate any information provided to it by a Doctor, or • Hia in its sole and absolute discretion believes that actions of the Doctor may cause legal liability for Hia or other Users and/or may adversely affect the services rendered by Hia.
• 4.7.13. Doctor hereby agrees that, for any User that contacts the Doctor using Hia Social Network, 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 Hia Consult, including the performance of its services, by any other party claiming to be the Doctor and hereby agrees to indemnify Hia against any claim or loss that may be faced by Hia consequent to such use.

 

• 4.7.14. Doctor hereby agrees to hold in strictest confidence all information provided by a User to him/her under all circumstances. Doctor agrees that he/she shall not disclose any information or documentation provided by a User to any other person, nor shall he/she allow, by act or omission, such information or documentation to be acquired by any other person.

 

• 4.7.15. Doctor agrees to render his/her services and fulfill their obligations towards their patients using their best efforts, skill, and ability.

 

• 4.7.16. Doctor agrees and understands that some or all his/her may be made available to the general public through the Doctor App or otherwise by the Company and that he/she has no objection to the same.

 

• 4.7.17. Doctor hereby agrees to assign to Hia in perpetuity all intellectual property rights residing in the responses provided by him/her for use by Hia worldwide.

 

• 4.7.18. Doctor hereby agrees not to seek the contact details of any User or to contact any User except through the Hia App.

 

• 4.7.19. Any communication sent by or through Hia to the Doctor is based solely on information uploaded by the Users. Hia shall not be responsible for the incompleteness or inaccuracy such information, including if as a result of such inaccuracy, a communication is sent to an unintended recipient.

 

• 4.7.20. Doctor shall be liable to indemnify and hold Hia harmless from and against all actions, claims, damages, losses and expenses, including court costs and reasonable attorneys’ fees, arising out of or resulting from any breach, default, contravention, non-observance, non-performance, improper performance of any of its obligations or the terms, conditions, covenants and provisions contained in this Terms of Use.

 

• 4.7.21. Hia Healthcare Intelligence Application is for Healthcare professionals (e.g. Doctor), Medical Students and other Members. Hia will not responsible for any fraud or misinformation.

 

• 4.8 Hia Health Desk

 

• 4.8.1. Hia Health Desk (“Health Desk”) is an online content platform available on the website, wherein Doctors who have a Hia profile and Users who have a health account can log in and post health and wellness related content.

 

• 4.8.2. A Doctor can use Fit by logging in from their profile, creating original content comprising text, audio, video, images data or any combination of the same (“as defined in Clause 3.7.2”), and uploading said Content to Hia servers. The Doctor can upload their own images or choose an image from the gallery that Hia provides. Hia shall post such Content to Fit at its own option and subject to these Terms and Conditions. The Content uploaded via Fit does not constitute medical advice and may not be construed as such by any person.

 

• 4.8.3.The Doctor acknowledges that they are the original authors and creators of any Content or comments uploaded by them via Fit and that no Content or comment uploaded by them would constitute the infringement of the intellectual property rights of any other person. Hia reserves the right to remove any Content or comment which it may determine at its own discretion as violating the intellectual property rights of any other person. The Doctor agrees to absolve Hia from and indemnify Hia against all claims that may arise as a result of any third party intellectual property right claim that may arise from the Doctor’s uploading of any Content on Fit. The Doctor also agrees to absolve Hia from and indemnify Hia against all claims that may arise as a result of any third party intellectual property claim if the Doctor downloads an image from Hia’s gallery and utilizes it for his/her personal or commercial gain.

 

• 4.8.4. The Doctor hereby assigns to Hia, in perpetuity and worldwide, all intellectual property rights in any Content or comment created by the Doctor and uploaded by the Doctor via Fit.

 

• 4.8.5. Hia shall have the right to edit or remove the Content and any comments in such manner as it may deem fit at any time.

 

• 4.8.6. The Doctor may also use Fit in order to view original content created by Users or other Doctors and also create and upload comments on such Content including their own content where allowed.

 

• 4.8.7. Doctor acknowledges that the content on Fit reflects the views and opinions of the authors of such content and does not necessarily reflect Hia’s views.

 

• 4.8.8. Doctor agrees not to post any comments or upload any Content which is defamatory, obscene, objectionable or in nature and Hia reserves the right to remove any comments which it may determine at its own discretion to violate these Terms and Conditions or be violative of any law or statute in force at the time. The Doctor agrees to absolve Hia from and indemnify Hia against all claims that may arise as a result of any legal claim arising from the nature of the Content or the comments posted by the Doctor on Fit.

• 5. RIGHTS AND OBLIGATIONS RELATING TO CONTENT

 

• 5.1. As mandated by Regulation 3(2) of the IG Rules, Hia 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, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any   or is insulting any other nation.
• 5.2. Users are also prohibited from:
• violating or attempting to violate the integrity or security of the Website or any Hia 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 Hia;
• 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 Hia Content or other information available from the World website; framing or   or deep linking any Hia Content.
• 5.3. Hia, 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) generated by Users, or on being notified by the appropriate Government or its agency that the Website is being used by the User to commit any unlawful act and/or is being used in violation of Clauses 5.1 and 5.2 above, shall be entitled to remove or disable access to the material or information that is in contravention of this Clause 5. Hia is entitled to act, as required by the IG Rules, within thirty six hours of obtaining such knowledge and, where applicable, work with Users to disable such information that is in contravention of applicable law. Hia shall also be entitled to preserve such information and associated records for at least 90 (ninety) days for delivery to governmental authorities for investigation purposes.
• 5.4. In case of non-compliance with any applicable laws, rules or regulations, or the Agreement (including the Privacy Policy) by a User, Hia 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.
• 5.5. Hia 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. Hia will comply with any duly-issued government or court directions to disable access to the User-generated information, should it be found to be illegal by a competent governmental authority.

 

• 6. TERMINATION”

 

• 6.1. Hia reserves the right to suspend or terminate a User’s access to the Website and the Services with or without notice and to exercise any other remedy available under law, in cases where,
• Such User breaches any terms and conditions of the Agreement;
• A third party reports a violation of any of its right as a result of your use of the Services;
• Hia is unable to verify or authenticate any information provided to Hia by a User;
• Hia has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User; or
• Hia believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for Hia or are contrary to the interests of the Website.

 

• 6.2. Once temporarily suspended, indefinitely suspended or terminated, the User 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 a continuous backup of any medical services the User has rendered in order to comply with the User’s   process and practices.

 

• 7. LIMITATION OF LIABILITY:


In no event, including but not limited to negligence, shall Hia, or any of its directors, officers, employees, agents or content or service providers (collectively, the “Protected Entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Website or the content, materials and functions related thereto, the Services, User’s provision of information via the Website, lost business or lost End-Users, even if such Protected Entity has been advised of the possibility of such damages. In no event shall the Protected Entities be liable for:

• provision of or failure to provide all or any service by Doctors to End- 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 or otherwise) arising from this Agreement or a User’s use of the Website or the Services exceed, in the aggregate BTD. 1000/- (Taka One Thousand Only).

 

8. INDEMNITY: 

   User agrees to indemnify and hold harmless Hia, its affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from User’s access to or use of Service, violation of this Agreement, or infringement, or infringement by any other User of his/her/its account, of any intellectual property or other right of any person or entity. Hia will notify you promptly of any such claim, loss, liability, or demand, and in addition to your foregoing obligations, you agree to provide us with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

 

• 9. APPLICABLE LAW AND DISPUTE SETTLEMENT

 

• 9.1. You agree that this Agreement and any contractual obligation between Hia and User will be governed by the laws of India.

 

• 9.2. 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 Hia. The arbitration shall be conducted in accordance with The Bangladesh Arbitration Act 2001. The seat of such arbitration shall be Bangladesh. 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.

 

• 9.3. Subject to the above Clause 9.2, the courts at Bangladesh 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.

 

10. CONTACT INFORMATION GRIEVANCE OFFICER

 

• 10.1. If a User has any questions concerning Hia, the Website, this Agreement, the Services, or anything related to any of the foregoing, Hia customer support can be reached at the following email address [email protected] or via the contact information available from the following hyperlink: https://hia.care/company/contact

 

• 11. SEVERABILITY:

 


If any provision of the Agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from this Agreement and the remainder of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event, the Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.

 

• 12. WAIVER
:

 

No provision of this Agreement shall be deemed to be waived and no breach excused unless such waiver or consent shall be in writing and signed by Hia. Any consent by Hia to, or a waiver by Hia 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.

 

SCHEDULE

 

Hia Feedback Collection and Fraud Detection Policy

 

• Scope:This policy document covers the philosophy, intent, and methodology used by Hia to collect Feedback from Patients about Doctors and other Doctors who are part of the Hiaeco-system.
• Philosophy and Intent:At Hia, we believe in transparency and authenticity, and these are the 2 primary pillars on which the Feedback collection system is built. We intend to help Patients make a well-informed decision when it comes to their Health and authentic Feedback helps them achieve that. Doctors being Hia’s closest friends throughout our successful journey, would be the other beneficiary, with authentic Feedback circulating in the Patient circles.

 

• How we collect Feedback: 
As of now Hia endeavors to reach out to the following group of authentic Patients:

 

• 1.Patients who have booked appointments through hia.care: Hia reaches out to these Patients via SMS/E-mail within 3 days after their scheduled appointment schedule and ask them for Feedback on their appointment experience at the Clinic with the Doctor. Hia has complete ownership of this flow of feedback collection since Hia is responsible for giving the best experience to patients booking an appointment.
• 2.Patients who have booked appointments with Doctors who use Hia Online Appointment System : In this scenario, Hia seeks prior permission from the Owner of the Hia Online Appointment System enabled practice to collect feedback from Patients whose appointments have been booked by the practice using Hia Online Appointment System. Hia then reaches out to these Patients via SMS/E-mail within 3 days after their scheduled appointment schedule. Please note that Hia can only ask Patients for Feedback if the practice Owner has permitted Hia to do the same, and any Feedback collected thereafter becomes a property of Hia.
• • Nature of Feedback
: The Hia Feedback Collection System currently asks Patients about their appointment experience. The information collected would primarily be categorized as below:
• 1.Doctor recommendation – whether the patient would recommend the doctor to his/her friends and family
• 2.Wait-time – how long the patient had to wait for his/her appointment
• 3.Doctor Feedback – Patient’s testimonial about appointment experience with the Doctor
• Authenticity of Feedback Collection
As part of our efforts to collect and display authentic Feedback, Hia abides by these set of rules:
• 1. A Patient would be probed with SMS/E-mail for Feedback on an appointment with a Doctor only once in a month
• 2.A Patient cannot give multiple Feedback for a single appointment
• 3. Appointments booked via Hia includes (but not restricted to) appointments from the following sources:
• 1)Doctor and Practice profile on hia.care or smartphone apps
• 2)Hia Direct Contact
• 3)hia.care widgets which have their presence across partnership websites, Doctor’s micro-site provided by Hia Online Appointment System, Doctor’s Facebook page, Doctor’s website and other online entities Hia Feedback Moderation and Fraud Detection Policy
• Scope:This Policy document intends to explain the Feedback Moderation and Fraud Detection system deployed in Hia.
• Feedback Moderation

 

1. Intent
:
   An online healthcare ecosystem of Hia’s magnitude sees a large number of Patients giving Feedback about their Appointment experience on a daily basis. Given the volume of Feedback entering the Hia’s Feedback Collection System we consider it very important to make sure only the helpful and authentic feedback reach out to the Patients who visit hia.care and assist them in their Patient experience.
2. Helpful and authentic Feedback:

A helpful and authentic Feedback is one that complies with Hia Feedback Standards and other information points probed by Hia Feedback Collection System, and more importantly, is submitted by an authentic user. Some of the Feedback we do not entertain on Plexus Dare:

• The feedback that is 3-worded or less – we have observed that they don’t help patients looking for insightful patient experiences
• Feedback that tends to have ulterior motives – advertising, spam, abuse, etc.

 

3. Moderation team:


We have a team of moderators that examine questionable Feedback. We also use automated tools on the site that help flag questionable content for review and we are working on enabling our large and passionate community of millions of users to keep an eye out as well.

Moderation team would be responsible for screening the Feedback posted by Patients abiding by Hia Feedback Standards.

Each Feedback is evaluated as a whole while moderating – e.g. A Feedback that happens to start with relevant information and ends up with statements that do not comply with Hia Feedback Standards would not be published. A moderator can take the following generic stances on any incoming Feedback:

• Publish
• Withhold for investigation
• Decline to publish

 

4. Moderation Rate:
   The majority of Feedback is posted within 48 hours of submission. If a Feedback is flagged for a closer look by our moderators, it may take longer, especially during our busiest days. We try to base every decision we make on what our members will find helpful and relevant. At times, Feedback under investigation may take several weeks to process.

 

5. Positive and Negative Feedback:
   As long as Feedback meets our guidelines, we’re happy to post it whether it’s positive or negative. The majority of our Feedback is indeed positive, and we do not influence or change the content.

• Fraud Detection: Misusing or manipulating Feedback systems for personal benefit is the last thing Hia would want to entertain on the Hia Feedback System. Hia has come up with its own standards and processes to detect Fraud and deal with them in the appropriate manner.
• Fraud as defined by Hia”:
The following actions may be considered fraudulent:

1. Attempts by a Doctor or Clinic to boost his/her/its own property’s reputation by:

• Writing feedback for his/her own practice
• Asking friends or relatives to write positive feedback
• Submitting feedback on behalf of a Patient
• Copying comment cards and submitting them as feedback
• Pressuring Hia or a Patient to remove  negative feedback
• Offering incentives such as discounts, upgrades, or any special treatment in exchange for feedback
• Hiring an optimization company, third-party marketing organization, or anyone to submit false feedback

 

2. Attempts by a Doctor to damage his/her competitors by submitting negative feedback. Bottom line: Any attempt to mislead, influence or impersonate a Patient is considered fraudulent and will be subject to penalty.

 

Detecting fraud:

Unfortunately, we are unable to disclose the specifics of our Fraud Detection System. But we can tell you that we dedicate significant time and resources ensuring that the content on Hia reflects quality feedback by authentic Patients. We have quality assurance specialists who have brought a wide range of professional experience to enhance our prevention methods and our team spends thousands of hours every year ensuring the integrity of Feedback on Hia. We also use automated tools that help flag questionable content for review, and very soon we will enable our large and passionate community of users to keep an eye out as well. Repercussions of being fraudulent:

If we determine that there is fraudulent Feedback submitted for a Doctor/Clinic, there could be several consequences:

• A fraudulent health-care entity might not be the right choice for a Patient. So a Doctor/Clinic may drop by several points in the Hia index.
• We are working on putting up a penalty notice, explaining that the feedback about Doctor/Clinic is suspicious, and this may appear on the listing page.

 

 

 

 

Legal side of fraudulent reviews:

In addition to being a violation of our terms of service and an unethical practice, this is also a violation of the law in many jurisdictions. In July 2009, New York Attorney General Andrew Cuomo settled a case which resulted in a $300,000 penalty for a company posting fake consumer reviews. It is also illegal to post fake reviews in the United Kingdom, France, Italy, and Germany, Ireland, Sweden and the Netherlands (among other countries) pursuant to the EU Unfair Commercial Practices Directive, adopted by these countries.