i. The domain name www.conszap.com (hereinafter referred to as "Conszap website") is licensed for use by Conszap, a partnership firm registered under the Indian Partnership Act, 1932, with its registered office at 32/1 Panchali amman kovil street, Arumbakkam Chennai, hereinafter referred to as “Conszap”.
ii. Any use of Conszap website, transaction and services are governed by these terms and conditions as amended from time to time
iii. This document is an electronic record in terms of Information Technology Act, 2000 / its rules and all applicable statutory modifications thereof This electronic record is generated by a computer system and does not require any physical or digital signatures.
iv. By using Conszap service/services in any manner, including, but not limited to, visiting or browsing the site or contributing content, information, or other materials or services to the site, the users of the Conszap website, agree to be bound by this document.
i. “USER” means any patient or person, registered in this Conszap website, who accesses, uses, or browses the Conszap website of Conszap,
ii. “DOCTOR” means a qualified medical practitioner/ physician/ healthcare provider with whom any user has a doctor – patient relationship through this Conszap website
iii.“CONTENTS” means all date, medical information, records, diagnostic information and any other information and details provided by the User to facilitate the Doctor for arriving at a medical assessment.
3. Services of Conszap
i. ConsZap facilitates virtual access to users preferred physicians/healthcare providers through a secure online platform. Conszap is only a facilitator to bridge the patient and the Doctor. It does not provide any medical advice, opinion or information regarding the nature of problem or treatment. It only enables the patients to virtually meet and interact with the Doctors at the appointed time. The User is obligated to furnish all necessary medical or other information, including records and diagnostic data that may be required by the Doctor.
ii. Conszap facilitates the online access for the registered users to virtually meet and interact with the Doctors during the appointed time subject to the users providing such medical or other information that may be sought by the Doctors in this regard.
iii. All records, data and information of the registered user, the appointments, and the prescription of the Doctor shall be in the custody and safekeeping of Conzsap.
iv. The Doctors at Conszap provide healthcare services using interactive audio and video technologies where the users and the Doctor are not in the same physical location. The User can form an ongoing treatment relationship with a Doctor.
v. Conszap does not support any emergency calls to any type of hospital, medical care unit or any type of emergency services of any kind. The User understands and agrees that only non-emergency medical services are provided with respect to Virtual Consultations.
vi. Every user should seek emergency help or follow-up care when recommended by a Doctor or when otherwise needed, and continue to consult with your other healthcare providers as recommended. Among the benefits of our Services are improved access to healthcare and convenience. However as with any health service, there are potential risks associated with the use of technology.
These risks include, but may not be limited to:
a) In rare cases, information transmitted may be insufficient for healthcare decision making.
b) Disruptions can occur due to failures of the electronic equipment or internet connection. If this happens, you may be contacted by phone or other means of communication.
c) In rare cases, a lack of access to all of your health records may result in adverse drug interactions or other errors.
d) You should disclose all your medical information including allergies and past medical data to facilitate the Doctors to come to an effective assessment and to form their opinion for the line of treatment, prescription of drugs etc.
e) Although Conszap incorporates strong security protocols to protect the confidentiality of your health information, in rare instances security protocols can fail, causing a breach of confidentiality.
By accepting this consent, the User acknowledges that the user understands and agrees with the following:
b) If the user health insurance coverage does not pay for your Services charges in full, you may be fully or partially responsible for payment.
c) Conszap does not provide any medical, health or advisory services.
d) You attest that you have legal authority to act as guardian or personal representative of all children registered under your Account.
e) No results can be guaranteed or assured.
4. Eligibility of the User
i. Use of the Site/Conszap website is available only to majors and to legal guardians. Conszap reserves the right to refuse any user with access to the Conszap website for any reason if it is found that such user is ineligible for any reason whatsoever, at the sole discretion of Conszap to use the Conszap website.
5. User Account and Registration Obligations
i. When you register on the Site, you are required to create an account by entering your name, age, data, email address, password and certain other information collected by Conszap. Your use of Conszap is anonymous, and other members can never see this information, except inside of your Profile, which is visible only to you. Your account and profile information are secure and password protected.
ii. You are at liberty to add different profiles to keep a clean track of your doctors and that of your family members.
iii. All the details requested in the member dashboard should be filled in by you. These details aid the doctor in assessing your conditions and requirements better. You can edit details in different member profiles whenever necessary. Editing contact information should be done using the edit account option; you will be able to use the account once Conszap have verified your new contact information.
• is the name of another person, with the intent to impersonate that person;
• is subject to any rights of another person, without appropriate authorization; or
• is offensive, vulgar, or obscene;
• is in violation of any applicable law or contractual obligation.
Conszap reserves the right in its sole discretion to refuse registration of or cancel a User ID, domain name. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your password for the Site. You shall never use another User account without the other User's expressed permission. You will immediately notify Conszap in writing of any unauthorized use of your account, or other known account-related security breach.
6. Acceptance of Terms
Conszap may, in its sole discretion, refuse to offer the Site's services to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site's services is revoked in those jurisdictions.
8. Fund Transaction and Accountability
The Site offers various payment gateways to facilitate appointment with doctors however, it may be noted that the Site or Conszap:
• Collects the funds in Conszap bank account till the appointment is booked and Conszap shall be responsible for the payment of charges to the Doctors
• Makes refunds after deducting necessary transaction fee to the user as per the refund policy.
When You use the Conszap website or send emails or other data, information or communication to Conszap, You agree and understand that you are communicating with Conszap through electronic records and you consent to receive communications via electronic records from Conszap periodically and as and when required. Conszap may communicate with you by email, mobile phones or by such other mode of communication, electronic or otherwise
10. General Rules for the Use of the Conszap website
You agree, undertake and confirm that your use of Conszap website shall be strictly governed by the following binding principles:
i. You shall not host, display, upload, modify, publish, transmit, update or share any information which:
a. belongs to another person and to which you do not have any right to;
b. infringes upon or violates any third party's rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity];
c. promotes an illegal or unauthorized copy of another person's medical records, files information, health records, other confidential details;
d. contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
e. tries to gain unauthorized access or exceeds the scope of authorized access to the Conszap website or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Conszap website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
f. Violates any law for the time being in force;
ii. You shall not attempt to gain unauthorized access to any portion or feature of the Conszap website or any other systems or networks connected to the Conszap website or to any server, computer, network, or to any of the services offered on or through the Conszap website, by hacking, password "mining" or any other illegitimate means.
iii. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Conszap website or any transaction being conducted on the Conszap website, or with any other person's use of the Conszap website.
iv. You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules made thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations
v. Conszap shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
11. Contents Posted on Site
iii. None of the Site content (other than information you receive from the Doctors or other Healthcare Professionals) should be considered medical advice or an endorsement, representation or warranty that any particular medication or treatment is safe, appropriate, or effective for you.
Conszap view protection of your privacy as a very important principle. Conszap understand clearly that You and Your Personal Information is one of our most important assets. Conszap store and process Your Information including any sensitive financial information collected (as defined under the Information Technology Act, 2000), if any, on computers that may be protected by physical as Conszapll as reasonable technological security measures and procedures in accordance with Information Technology Act 2000 and Rules there under.
13. Disclaimer of Warranties and Liability
i. This Conszap website, all the materials and information and services, included or otherwise made available to you through this site are provided on a "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing.
ii. Conszap will not be liable to you in any way or in relation to the contents of, or use of, or otherwise in connection with, the Conszap website. Nothing on the Conszap website constitutes, or is meant to constitute, advice of any kind.
iii. In no event and under no circumstances shall Conszap be held liable to you for any liabilities or damages resulting from or arising out of your use of the Site, your use of the Account Information or your release of the Account Information to a third party. You may not use anyone else's account at any time.
14. Fees and Purchase Terms
You agree to pay all fees or charges to your Account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. By providing Conszap with your credit card/ debit card number / payment gateway or bank account and associated payment information, you agree that Conszap is authorized to immediately invoice your account for all fees and charges due and payable to Conszap hereunder and that no additional notice or consent is required. If your health plan, employer or agency has arranged with Conszap to pay the fee or any portion of the fee, or if the fee is pursuant to some other arrangement with Conszap, that fee adjustment will be reflected in the fee that you are ultimately charged. Please check with your employer, health plan or agency to determine if any Services will be reimbursed.
15. Compliance with Laws:
The User shall comply with all the applicable laws and rules applicable to them respectively for using Payment Facility and Conszap website
i. Without limiting other remedies, Conszap may limit your activity, immediately remove your information, immediately temporarily/indefinitely suspend or terminate or block your membership, and/or refuse to provide you with access to the Conszap website in the event, but not limited to:
• If Conszap are unable to verify or authenticate any information You provide; or
• If it is believed that your actions may cause legal liability for You, other users or us.
The User hereby agrees and states that Conszap is only a service provider to enable you to have a virtual consult with its Doctor. Conszap shall in no way be responsible for the performance and/or liable for any mis-representation of any information provided by the Doctor in any manner whatsoever and the User hereby waives his/her/their/its right to bring any action/cause/dispute against Conszap for any reason whatsoever.
19. Applicable Law & Jurisdiction
20. Dispute Resolution
21. Limitation of Liability
22. General terms and conditions Rules and Conduct of user
i. You know is false, misleading, or inaccurate;
ii. Impersonates any person or entity, including any employee or representative of Conszap.
iii. Users may not use Conszap's Site for activities that:
a. violate any law, statute, ordinance or regulation;
b. relate to transactions that
i. show the personal information of third parties in violation of applicable law,
Additionally, you shall not:
i. take any action that imposes or may impose (as determined by Conszap in its sole discretion) an unreasonable or disproportionately large load on Conszap's or its third-party providers' infrastructure;
ii. interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service;
iii. bypass any measures Conszap may use to prevent or restrict access to the Service (or other accounts, computer systems, or networks connected to the Service);
iv. run Maillist, Listserv, or any form of auto-responder or "spam" on the Service; or
v. use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Site.
You shall not directly or indirectly:
vi. decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the limited extent applicable laws specifically prohibit such restriction;
vii. modify, translate, or otherwise create derivative works of any part of the Service; or
viii. You shall abide by all applicable local, state, national, and international laws and regulations. Conszap does not guarantee that any Content will be made available through the Service. Conszap has no obligation to monitor the Service or Content.
24. Warranty Disclaimer
Conszap has no special relationship with or fiduciary duty to you. You acknowledge that Conszap has no duty to take any action regarding any of the following: which Users gain access to the Site; what Content Users access through the Site; what effects the Content may have on Users; how Users may interpret or use the Content; or what actions Users may take as a result of having been exposed to the Content. Conszap cannot guarantee the authenticity of any data or information that Users provide about themselves or their campaigns and projects. You release Conszap from all liability for your having acquired or not acquired Content through the Site.
Conszap reserves the right to take any and all action, as it deems necessary or reasonable regarding the security of the Site and your Account Information. In no event and under no circumstances shall Conszap be held liable to you for any liabilities or damages resulting from or arising out of your use of the Site, your use of the Account Information or your release of the Account Information to a third party. You may not use anyone else's account at any time.
The Site may contain, or direct you to Conszap websites containing, information that some people may find offensive or inappropriate. Conszap makes no representations concerning any Content on the Site, and Conszap is not liable for the accuracy, copyright compliance, legality, or decency of material contained on the Service. Conszap does not guarantee that any Content will be made available through the Site. Conszap has no obligation to monitor the Service or Content. Conszap reserves the right to, at any time, for any reason, and without notice:
i. cancel, reject, interrupt, remove, or suspend a campaign or project;
ii. remove, edit, or modify any Content, including, but not limited to, any User Submission; and
iii.remove or block any User or User Submission.
Conszap reserves the right not to comment on the reasons for any of these actions. The Service is provided "as is" and "as available" and is without warranty of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed. Conszap, and its directors, employees, agents, suppliers, partners, and content providers do not warrant that:
i. the Service will be secure or available at any particular time or location;
ii. any defects or errors will be corrected;
iii.any content or software available at or through the Service is free of viruses or other harmful components; or
iv. the results of using the Service will meet your requirements. Your use of the Service is solely at your own risk.
Conszap makes no guaranty of confidentiality or privacy of any communication or information transmitted on the Site or any Conszap website linked to the Site. Conszap will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on Conszap's equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Service. Conszap will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on Conszap's equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Service.
25. Content and License
You agree that the Site contains Content provided by Conszap and its partners and Users and that the Content may be protected by copyrights, trademarks, service marks, patents, trade secrets, or other rights and laws. You shall abide by and maintain all copyright and other legal notices, information, and restrictions contained in any Content accessed through the Service. Conszap grants to each User of the Site a worldwide, non-exclusive, non-sub licensable and non-transferable license to use and reproduce the Content, solely for personal, non-commercial use. Use, reproduction, modification, distribution, or storage of any content for other than personal, non-commercial use is prohibited without prior written permission from Conszap, or from the copyright holder. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third-party right.
26. Intellectual Property
By submitting Content, medical data, medical records etc (User Submissions) on the Site, you agree to the following terms:
i. Conszap will not have any ownership rights over your User Submissions. Conszap shall only facilitate the transfer of such user submission between the Doctor and the User.
ii. You are publishing your User Submission and you may be identified publicly by your name or User ID in association with your User Submission.
iii. The Doctor shall use, monitor or utilise the information provided by each User at their exclusive discretion.
iv. Any information submitted by you shall be exclusively at your own risk, Conszap does not express any opinion about any of the contents and information submitted.
v. The use or other exploitation of User Submissions by Conszap and Users as contemplated by this agreement will not infringe or violate the rights of any third party, including without limitation any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property, proprietary rights, or other contractual / legal rights.
vi. All information publicly posted or privately transmitted through the Site is the sole responsibility of the person from which that content originated.
vii. Conszap will not be liable for any errors or omissions in any Content.
viii. Conszap cannot guarantee the identity of any other Users with whom you may interact while using the Service.
ix. All Content you access through the Site is at your own risk and you will be solely responsible for any resulting damage or loss to any party.
28. Limitation of Liability
In no event shall Conszap, nor its directors, employees, agents, partners, vendors, suppliers, or content providers, be liable under contract, tort, strict liability, negligence, or any other legal or equitable theory with respect to the service
i. for any lost profits, wrong or erroneous medical advice or assessment by the Doctors, data loss, services, or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, substitute goods or services and
ii. for any bugs, viruses, trojan horses, or the like (regardless of the source of origination).
Conszap shall not be liable for any failure to perform its obligations hereunder where the failure results from any cause beyond Conszap’ s reasonable control, including, without limitation, third party intervention, change in law or economic circumstances, mechanical, electronic, or communications failure or degradation.
29. Electronic Delivery, Notice Policy, and Your Consent
By using the Site, you consent to receive from Conszap, all communications including notices, agreements, legally required disclosures, or other information in connection with the Site (collectively, "Contract Notices") electronically. Conszap may provide the electronic Contract Notices by posting them on the Site. If you desire to withdraw your consent to receive Contract Notices electronically, you must discontinue your use of the Site.
30. Integration and Severability
31. REFUND POLICY OF CONSZAP
1 You agree and understand that Conszap’s role is limited to providing you with a platform to communicate and consult with your Doctor on Conszap with ease and efficiency. Such appointment is either through virtual clinic or through virtual instant clinic.
3 You will be charged on a per consultation basis and each consultation shall be for duration of 10 minutes or such duration as may be required by the consulting Doctor. You agree that using one second of time in a Session is the same as using all of it, so you will be charged accordingly. You agree and accept that you will not be entitled to any rebate, refund or compensation as a result of your not using the full length of time available in a Session.
4 If you exit a consultation you accept this may prevent you from receiving some of the Services and you agree and understand that this is your choice therefore we are in no way liable if you choose to end the consultation prematurely.
5 You agree and understand that Fees once paid through the payment gateway shall not be refunded except in the following circumstances:
i. If the doctor declines or cancels your appointment.
ii. If you cancel the appointment you have booked.
6 The Patient shall not be entitled for any cancellation or refund in the event of using the instant virtual clinic facility.
7 However in the case of virtual clinic, the Patient shall be entitled to cancel the appointment for any reason whatsoever. The patient should seek to first seek reschedulement and postponement of the said appointment, subject to the convenience and availability of the consulting Doctor. In the event the Doctor confirms the reschedulement/ postponement, no extra charges will be levied for this purpose. However in the event such reschedulement / postponement is not possible for any reason whatsoever including the non suitability of the Doctor or the Patient then the Patient shall be entitled for refund as per the terms given below.
In case of Virtual Clinic appointments -
a) If cancellation is done by the Patient , 25 hours prior to the appointment, the appointment charges shall be reimbursed., subject to deduction of applicable payment gateway charges
b) If cancellation is done 13-24 hours prior to the appointment, 25% of the appointment charges will be deducted alongwith applicable payment gateway charges, and the balance amount shall be refunded
c) No refund shall be permitted if the cancellation is done less than 12 hours prior to the appointment.
d) Notwithstanding anything contained herein the patient shall have the option to postpone the appointment for a later date subject to the availability and confirmation by the DOCTOR which is free of cost. However such postponement can be done at the maximum 6 hours prior to the appointment.
e) In the event the DOCTOR is unable to provide a suitable postponement for the appointment, the Patient shall be entitled for refund as per terms mentioned above.
8 You expressly agree that Conszap will not provide refunds where Conszap is not at fault, such as in the following circumstances (which is NOT AN EXHAUSTIVE LIST but an indication only) and Conszap shall not be liable for any inconvenience caused to you in this regard:
a) If you are unable to have a private prescription, legitimately and correctly provided via CONSZAP website, fulfilled and/or the associated medication dispensed at a pharmacy of your choice for whatever reason.
b) If your consultation is disrupted because of your actions, such as low charge on your device or low connectivity or for such other reason to be determined by us exclusively.
c) If you have missed a booked Session
d) If it took longer than the intimated waiting time on the Platform for your consultation to start.
e) If you did not use all available minutes in any Session that you have started.
f) If your found your conversation with your Doctor to be unsatisfactory for any reason whatsoever.
9 Any request for cancellation should be accompanied by a refund request as per the procedure of Conszap website. The request will be verified and duly processed. The Refund amount on verification will be reimbursed to your account within a minimum period of 7 days All refunds shall be made only after verification and would take a minimum of 7 days. In case the refund is not received within 15 days , the patient may contact the Conszap website for clarifications , if any.