Terms of Use:

Chhaunkar Portal for Doctor and Patient (OPC) Private Limited (“us”, “we”, or “Jivan Setu”, which also includes its affiliates) is the author and publisher of the internet resource www.jivansetu.com and the mobile application ‘Jivan Setu’ (together, “Website”). Jivan Setu owns and operates the services provided through the Website.

NATURE AND APPLICABILITY OF THESE TERMS

You are required to be careful while going through these ‘terms and conditions’ (“Terms”) and the ‘privacy policy’ available at Jivan Setu (“Privacy Policy”) before you decide to access the website or applications or avail the services made available on the website or applications by Jivan Setu. These Terms and the Privacy Policy together constitute a legal agreement (“Agreement”) between you and Jivan Setu in connection with your visit to the Website, software or applications and your use of the Services (as per defined below).

This Agreement applies to you whether you are -

  1. A Doctor , Hospital or health care provider (whether an individual professional or an organization) or similar institution wishing to be listed, or already listed, on the Website, including designated, authorized associates of such Doctor , Hospital or health care provider or institutions (“Doctor(s)”, “you” or “User”);
  2. A patient, his/her representatives or affiliates, searching for Doctors, blood bank volunteer etc. through the Website, software or applications (“End-User”, “you” or “User”);
  3. A other offerings like pathology, its representatives or affiliates, searching for Doctors through the Website, software or applications ( “other facilitates” “you” or “User”);
  4. Otherwise a user of the Website, software or applications (“you” or “User”). This Agreement applies to those services made available by Jivan Setu on the Website, software or applications, which are offered to the Users(“Services”), including the following:
  5. For Doctors and hospitals: Listing of Doctors and hospitals, their profiles and contact details, to be made available to the other Users and visitors on the Website and Applications (‘Jivan Setu’ and Affiliates);
  6. For other Users: Facility to (i) create and maintain ‘Accounts’, (ii) search for Doctors by name, hospital name, specialization, and geographical area, or any other criteria that may be developed and made available by Jivan Setu, and (iii) to make appointments with Doctors.

    The Services may change from time to time, at the sole discretion of Jivan Setu, and the Agreement will apply to your visit to and your use of the Website, software or applications to avail the Service, as well as to all information provided by you on the Website, software or applications at any given point in time.

    This Agreement defines the terms and conditions under which you are allowed to use the Website, software or applications 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 privacy@jivansetu.com or www.jivansetu.com/contact us .

    By downloading or accessing the Website, software or applications to use services, you irrevocably accept all the conditions stipulated in this Agreement, the Subscription Terms of Service and Privacy Policy, as available on the Website, software or applications, and agree to abide by them. This Agreement supersedes all previous oral and written terms and conditions (if any) communicated to you relating to your use of the Website, software or applications to avail the Services. By availing any Service, you signify your acceptance of the terms of this Agreement.

    We reserve the right to modify or terminate any portion of the Agreement for any reason and at any time. You should read the Agreement at regular intervals. Your use of the Website, software or applications following any such modification constitutes your agreement to follow and be bound by the Agreement so modified.

    You acknowledge that you will be bound by this Agreement for availing any of the Services offered by us. If you do not agree with any part of the Agreement, please do not use the Website, software or applications or avail any Services.

    Your access to use of the Website, software or applications and the Services will be solely at the discretion of Jivan Setu.

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

    1. The Indian Contract Act 1872.

    2. The (Indian) Information Technology Act, 2000, and
    3. The rules, regulations, guidelines and clarifications framed there under, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”).

You must be 18 years of age or older to register, use the Services, or visit or use the Website, software or applications in any manner. By registering, visiting and using the Website, software or applications or accepting this Agreement, you represent and warrant to Jivan Setu that you are 18 years of age or older, and that you have the right, authority and capacity to use the Website, software or applications and the Services available through the Website, software or applications and agree to and abide by this Agreement.

The terms in this Clause 3 are applicable to ‘Users’ in different sub- clause.

  1. END-USER ACCOUNT AND DATA PRIVACY
    The terms “personal information” and “sensitive personal data or information” are defined under the SPI Rules, and are reproduced in the Privacy Policy. Jivan Setu may by its Services, collect information relating to the devices through which you access the Website, software or applications, and anonymous data of your usage. The collected information will be used only for improving the quality of Jivan Setu’s services and to build new services.
    The Website, software or applications allows Jivan Setu 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.
    1. The Privacy Policy sets out, inter-alia:
      1. The type of information collected from Users, including sensitive personal data or information;
      2. The purpose, means and modes of usage of such information;
      3. How and to whom Jivan Setu will disclose such information; and,
      4. iv. Other information mandated by the SPI Rules.
    2. The User is expected to read and understand the Privacy Policy, so as to ensure that he or she has the knowledge of, inter-alia:
      1. the fact that certain information is being collected.
      2. the purpose for which the information is being collected.
      3. the intended recipients of the information.
      4. the nature of collection and retention of the information. and
      5. the name and address of the agency that is collecting the information and the agency that will retain the information. and
      6. The various rights available to such Users in respect of such information.
    3. Jivan Setu 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 Jivan Setu or to any other person acting on behalf of Jivan Setu.
    4. The User is responsible for maintaining the confidentiality of the User’s account access information and password, if the User is registered on the Website, software or applications. 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 Jivan Setu of any actual or suspected unauthorized use of the User’s account or password. Although Jivan Setu will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Jivan Setu or such other parties as the case may be, due to any unauthorized use of your account.
    5. If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Jivan Setu has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Jivan Setu has the right to discontinue the Services to the User at its sole discretion.
    6. Jivan Setu may use such information collected from the Users from time to time for the purposes of debugging customer support related issues.
    7. You can search doctor of your choice by using different searching criteria provided by Jivan Setu on Website, software or applications.
    8. You can have an appointment with doctor of your selected doctor registered with us.
    9. Appointment fee can be submitted by using different payment options provided by our payment gateway provider. Jivan Setu collect appointment fee on behalf of doctor and transfer it to Doctor’s or Hospital account.
    10. We are the Portal for Doctor and Patient thus we are only digital media for connecting Doctor and Patient. We cannot force Doctors and Hospitals to give service even though if you did not get service we will help you best. You can complain us on support@jivansetu.com or other ways available on Website, software or applications.
    11. We provides you appointment facilities, it is your responsibility to reach on or before time and report to responsible person and authority in clinic and hospital.
    12. We provide cancelation and rescheduling facilities of appointment as per our criteria. For this refer to cancelation and rescheduling terms in ‘Cancellation, Refund and Rescheduling policy’.
    13. We provide you a platform to connect with blood donating volunteers (‘Blood bank’) if needed. You or we cannot force such volunteers to donate blood it totally depend on their will. To avail this refers to ‘blood bank Policy’.
  2. RELEVANCE ALGORITHM
    Jivan Setu’s relevance algorithm for the Doctors and hospital and other affiliates is a fully automated system that lists the Doctors and hospital and other affiliates, their profile and information are as per they provide us on Website, software and application. Jivan Setu will not be liable for any change in the relevance of the Doctors and hospital and other affiliates on search results, which may take place from time to time. The listing of Doctors and hospital and other affiliates will be based on automated computation of the various factors including inputs made by the Users including their comments and feedback. Such factors may change from time to time, in order to improve the listing algorithm.
  3. LISTING CONTENT AND DISSEMINATING INFORMATION
    1. Jivan Setu collects, directly or indirectly, and displays on the Website, relevant information regarding the profile and practice of the Doctors and hospital and other affiliates listed on the Website, such as their specialization, qualification, fees, location, visiting hours, and similar details. Jivan Setu takes reasonable efforts to ensure that such information is updated at frequent intervals. Although Jivan Setu screens and vets the information and photos submitted by the Doctors and hospital and other affiliates, it cannot be held liable for any inaccuracies or incompleteness represented from it, despite such reasonable efforts.
    2. The Services provided by Jivan Setu 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). Jivan Setu does not provide or make any representation, warranty or guarantee, express or implied about the Website or the Services. Jivan Setu does not guarantee the accuracy or completeness of any content or information provided by Users on the Website, software or applications. To the fullest extent permitted by law, Jivan Setu disclaims all liability arising out of the User’s use or reliance upon the Website software or applications, the Services, representations and warranties made by other Users, the content or information provided by the Users on the Website software or applications, or any opinion or suggestion given or expressed by Jivan Setu or any User in relation to any User or services provided by such User.
    3. The Website may be linked to the website of third parties, affiliates and business partners. Jivan Setu has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through our Website. Inclusion of any link on the Website does not imply that Jivan Setu endorses the linked site. User may use the links and these services at User’s own risk.
    4. Jivan Setu 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.
    5. If Jivan Setu determines that you have provided fraudulent, inaccurate, or incomplete information, including through feedback, Jivan Setu reserves the right to immediately suspend your access to the Website or any of your accounts with Jivan Setu and makes such declaration on the website alongside your name/your clinic’s name as determined by Jivan Setu for the protection of its business and in the interests of Users. You shall be liable to indemnify Jivan Setu for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected Jivan Setu or its Users.
  4. BOOK APPOINTMENT FACILITY
    Jivan Setu enables Users to connect with Doctor(s) or hospital(s) and other affiliates through on line facilities using our website and applications.
    1. Jivan Setu will ensure Users are provided confirmed appointment on the Book facility. However, Jivan Setu has no liability if such an appointment is later cancelled by the Doctor, hospital and other affiliates or the same is not available for appointment. Provided, it does not fall under the heads listed under the Jivan Setu Guarantee Program, in which case the terms of this program shall apply.
    2. The results of any search Users perform on the Website, software or applications for Doctors and Hospitals should not be construed as an endorsement by Jivan Setu of any such particular Doctors and Hospitals. If the User decides to engage with a Doctor or Hospital to seek medical services, the User shall be doing so at his/her own risk.
    3. without prejudice to the generality of the above, Jivan Setu is not involved in providing any healthcare or medical advice or diagnosis and hence is not responsible for any interactions between User and the Doctors and Hospitals. User understands and agrees that Jivan Setu will not be liable for:
      1. User interactions and associated issues User has with the Doctors and Hospitals
      2. The ability or intent of the Doctor(s) or Hospital(s) or the lack of it, in fulfilling their obligations towards Users
      3. Any wrong medication or quality of treatment being given by the Doctor(s) or Hospital(s), or any medical negligence on part of the Doctor(s) or Hospital(s)
      4. Inappropriate treatment, or similar difficulties or any type of inconvenience suffered by the User due to a failure on the part of the Doctor(s) or Hospital(s) to provide agreed Services
      5. Any misconduct or inappropriate behaviour by Doctor(s) or Hospital(s) or the Doctor’s staff or Hospital’s staff
      6. Cancellation or no show by the Doctor(s) or Hospital(s) or rescheduling of booked appointment or any variation in the fees charged, provided these have been addressed to under, Jivan Setu Guarantee Program.
    4. Users are allowed to provide feedback about their experiences with the Doctor(s), however the User shall ensure that, the same is provided in accordance with applicable law. User however understands that, Jivan Setu shall not be obliged to act in such manner as may be required to give effect to the content of Users feedback, such as suggestions for delisting of a particular Doctor(s) or Hospital(s) from the Website or applications.
    5. Registered user can book appointment using his/her dashboard on website or application by signing in.
    6. Jivan Setu reserves the right to make the final decision in case of a conflict. The total aggregate liability of Jivan Setu with respect to any claims made herein shall be INR 300.
  5. Cancellation, Refund and Rescheduling policy
    In the case that, the Doctor or Hospital with whom User has booked a paid appointment via the Website or applications has not been able to meet the User, User will need to write to us at support@jivansetu.com within five (5) days from the occurrence of such event. in which case, the entire consultation amount as mentioned on the Website or applications will be refunded to the User within the next two (2) to seven (7) business days in the wallet or source account of payment done by the User while booking. In case where the User, does not show up for the appointment booked with a Doctor or Hospital, without cancelling the appointment beforehand, the amount will not be refunded. However cancellation charges have been levied. You would not be entitled to complete refund even if you have cancelled beforehand.
    1. Cancellation can be done up to before more than 2 hours from scheduled appointment after then user can reschedule only. User can reschedule appointment once only with same doctor or hospital as already he/she have.
    2. Users will not be entitled for any refunds in cases where, the Doctor or Hospital is unable to meet the User at the exact time of the scheduled appointment time and the User is required to wait, irrespective of the fact whether the User is required to wait or choose to not obtain the medical services from the said Doctor(s) or Hospital(s).
    3. User can reschedule appointment for next 24 hours from original appointment time. If he/she not able to reach on original scheduled time. User can reschedule appointment once for same doctor or hospital as already.
    4. If user is not able to or reached at rescheduled appointment time also then user have no right for any refund, cancellation or rescheduling.
  6. NO DOCTOR-PATIENT RELATIONSHIP; NOT FOR EMERGENCY USE
    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 or Applications (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 Jivan Setu 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 or Healthcare related person.
    2. It is hereby expressly clarified that, the Information that you obtain or receive from Jivan Setu, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Website or applications 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 or applications. 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. 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 a another person’s behalf), please contact an ambulance service or hospital directly.
  7. CONTENT OWNERSHIP AND COPYRIGHT CONDITIONS OF ACCESS
    1. The contents listed on the Website are (i) User generated content, or (ii) belong to Jivan Setu. The information that is collected by Jivan Setu directly or indirectly from the End- Users and the Doctor(s) or Hospital(s) shall belong to Jivan Setu. Copying of the copyrighted content published by Jivan Setu on the Website for any commercial purpose or for the purpose of earning profit will be a violation of copyright and Jivan Setu reserves its rights under applicable law accordingly.
    2. Jivan Setu authorizes the User to view and access the content available on or from the Website or applications 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 or applications (collectively, "Jivan Setu’s content"), are the property of Jivan Setu and are protected under copyright, trademark and other laws. User shall not modify the Jivan Setu Content or reproduce, display, publicly perform, distribute, or otherwise use the Jivan Setu Content in any way for any public or commercial purpose or for personal gain.
    3. User shall not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
  8. REVIEWS AND FEEDBACK
    By using this Website, you agree that any information shared by you with Jivan Setu or with any Doctor or Hospital will be subject to our Privacy Policy.
    You are solely responsible for the content that you choose to submit for publication on the Website or Applications, including any feedback, ratings, or reviews (“Critical Content”) relating to Doctor or Hospital or other healthcare professionals. The role of Jivan Setu in publishing Critical Content is restricted to that of an ‘intermediary’ under the Information Technology Act, 2000. Jivan Setu disclaims all responsibility with respect to the content of Critical Content, and its role with respect to such content is restricted to its obligations as an ‘intermediary’ under the said Act. Jivan Setu shall not be liable to pay any consideration to any User for re-publishing any content across any of its platforms.
    Your publication of reviews and feedback on the Website is governed by Clause 5 of these Terms. Without prejudice to the detailed terms stated in Clause 5, you hereby agree not to post or publish any content on the Website that (a) infringes any third-party intellectual property or publicity or privacy rights, or (b) violates any applicable law or regulation, including but not limited to the IG Rules and SPI Rules. Jivan Setu, at its sole discretion, may choose not to publish your reviews and feedback, if so required by applicable law, and in accordance with Clause 5 of these Terms. You agree that Jivan Setu may contact you through telephone, email, SMS, or any other electronic means of communication for the purpose of:
    1. Obtaining feedback in relation to Website or Jivan Setu’s services; and/or
    2. Obtaining feedback in relation to any Doctor or Hospital listed on the Website or applications; and/or
    3. Resolving any complaints, information, or queries by Doctor or Hospital regarding your Critical Content; and you agree to provide your fullest co-operation further to such communication by Jivan Setu. Jivan Setu’s Feedback Collection and Fraud Detection Policy, is annexed as the Schedule hereto, and remains subject always to these Terms.
  9. RECORDS
    Jivan Setu may provide End-Users with a free facility known as ‘Records’ on its mobile application ‘Jivan Setu’. Information available in your Records is of two types:
    1. User-created: Information uploaded by you or information generated during your interaction with Jivan Setu ecosystem, eg: appointment placed by you.
    2. Practice-created: Health Records generated by your interaction with a Doctor or hospital that uses Jivan Setu’s software or applications.
    The specific terms relating to such Health Account are as below, without prejudice to the rest of these Terms and the Privacy Policy:
    1. Your Records is only created after you have signed up and explicitly accepted these Terms.
    2. Any Practice created Health Record is provided on an as-is basis at the sole intent, risk and responsibility of the Doctor or Hospital and Jivan Setu does not validate the said information and makes no representation in connection therewith. You should contact the relevant Doctor or Hospital in case you wish to point out any discrepancies or add, delete, or modify the Health Record in any manner.
    3. The Health Records are provided on an as-is basis. While we strive to maintain the highest levels of service availability, Jivan Setu is not liable for any interruption that may be caused to your access of the Services.
    4. The reminder provided by the Records is only a supplementary way of reminding you to perform your activities as prescribed by your Doctor or hospital. In the event of any medicine reminders provided by Jivan Setu, you should refer to your prescription before taking any medicines. Jivan Setu is not liable if for any reason reminders are not delivered to you or are delivered late or delivered incorrectly, despite its best efforts. In case you do not wish to receive the reminders, you can switch it off through the Jivan Setu app.
    5. It is your responsibility to keep your correct mobile number and email ID updated in the Records. The Health Records will be sent to the Records associated with this mobile number and/or email ID. Every time you change any contact information (mobile or email), we will send a confirmation. Jivan Setu is not responsible for any loss or inconvenience caused due to your failure in updating the contact details with Jivan Setu.
    6. Jivan Setu uses industry–level security and encryption to your Health Records. However, Jivan Setu does not guarantee to prevent unauthorized access if you lose your login credentials or they are otherwise compromised. In the event you are aware of any unauthorized use or access, you shall immediately inform Jivan Setu of such unauthorized use or access. Please safeguard your login credentials and report any actual suspected breach of account to support@jivansetu.com.
    7. If you access your dependents’ Health Records by registering your dependents with your own Records, you are deemed to be responsible for the Health Records of your dependents and all obligations that your dependents would have had, had they maintained their own separate individual Records. You agree that it shall be your sole responsibility to obtain prior consent of your dependent and shall have right to share, upload and publish any sensitive personal information of your dependent. Jivan Setu assumes no responsibility for any claim, dispute or liability arising in this regard, and you shall indemnify Jivan Setu and its officers against any such claim or liability arising out of unauthorized use of such information.
    8. In case you want to delete your Records, you can do so by contacting our service support team. However only your account and any associated Health Records will be deleted, and your Health Records stored by your Doctor(s) or Hospital(s) will continue to be stored in their respective accounts.
    9. You may lose your “User created” record, if the data is not synced with the server.
    10. If the Health Record is unassessed for a stipulated time, you may not be able to access your Health Records due to security reasons.
    11. Jivan Setu is not liable if for any reason, Health Records are not delivered to you or are delivered late despite its best efforts.
    12. The Health Records are shared with the phone numbers that are provided by your Doctor or hospital. Jivan Setu is not responsible for adding the Heath Records with incorrect numbers if those incorrect numbers are provided by the Doctor or Hospital.
    13. Jivan Setu is not responsible or liable for any content, fact, Health Records, medical deduction or the language used in your Health Records whatsoever. Doctor or Hospital is solely responsible and liable for your Health Records and any information provided to us including but not limited to the content in them.
    14. Jivan Setu will follow the law of land in case of any constitutional court or jurisdiction mandates to share the Health Records for any reason.
    15. You agree and acknowledge that Jivan Setu may need to access the Health Record for cases such as any technical or operational issue of the End User in access or ownership of the Records.
    16. You acknowledge that the Doctors or Hospitals you are visiting may engage Jivan Setu's software or third party software for the purposes of the functioning of the Doctor’s or hospital’s business and Jivan Setu's services including but not limited to the usage and for storage of Records (as defined in Section 3.10) in India and outside India, in accordance with the applicable laws.
    17. To the extent that your Records have been shared with Jivan Setu or stored on any of the Jivan Setu products used by Doctor’s or Hospital’s you are visiting, and may in the past have visited, You hereby agree to the storage of your Records by Jivan Setu pertaining to such previously visited clinics and hospitals who have tie ups with Jivan Setu for the purposes of their business and for Jivan Setu's services including but not limited to the usage and for storage of Records (as defined in Section 3.10) in India and outside India, in accordance with the applicable laws and further agree, upon creation of your account with Jivan Setu,, to the mapping of such Records as may be available in Jivan Setu’s database to your User account.

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

  1. LISTING POLICY
    1. Jivan Setu, directly and indirectly, collects information regarding the Doctor’s or hospitals’ profiles, contact details, and practice. Jivan Setu reserves the right to take down any Doctor’s or Hospital’s profile as well as the right to display the profile of the Doctors or Hospitals, with or without notice to the concerned Doctor or Hospital. This information is collected for the purpose of facilitating interaction with the End-Users and other Users. If any information displayed on the Website in connection with you and your profile is found to be incorrect, you are required to inform Jivan Setu immediately to enable Jivan Setu to make the necessary amendments.
    2. Jivan Setu shall not be liable and responsible for the ranking of the Doctors or Hospitals on external websites and search engines
    3. Jivan Setu 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 Jivan Setu, where the User has expressly or implicitly consented to the making of disclosures or publications by Jivan Setu. If the User had revoked such consent under the terms of the Privacy Policy, then Jivan Setu 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 Jivan Setu prior to its actual receipt of such revocation.
    4. Jivan Setu reserves the right to moderate the suggestions made by the Doctors or hospitals through feedback and the right to remove any abusive or inappropriate or promotional content added on the Website or applications. However, Jivan Setu shall not be liable if any inactive, inaccurate, fraudulent, or non- existent profiles of Doctors or Hospitals are added to the Website or applications.
    5. Doctors or Hospitals explicitly agree that Jivan Setu reserves the right to publish the Content provided by Doctors or hospitals to a third party including content platforms.
    6. You as a Doctor or Hospital 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 Jivan Setu accepts no liability for the same.
  2. PROFILE OWNERSHIP AND EDITING RIGHTS
    Jivan Setu ensures easy access to the Doctors or Hospitals by providing a tool to update your profile information. Jivan Setu reserves the right of ownership of all the Doctor’s or Hospital’s profile and photographs and to moderate the changes or updates requested by Doctors or Hospitals. However, Jivan Setu 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 Jivan Setu’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, Jivan Setu may modify or delete parts of your profile information at its sole discretion with or without notice to you.
  3. REVIEWS AND FEEDBACK DISPLAY RIGHTS OF Jivan Setu
    1. All Critical Content is content created by the Users of www.jivansetu.com (“Website” or Jivan Setu app) and the clients of Jivan Setu customers and Doctors or Hospitals, including the End-Users. As a platform, Jivan Setu 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 Jivan Setu and other legal rights and obligations relating to the Critical Content are further detailed in Clauses 3.9 and 5 of these Terms. Jivan Setu’s Feedback Collection and Fraud Detection Policy, are annexed as the Schedule hereto, and remain subject always to these Terms.
    2. Jivan Setu reserves the right to collect feedback and Critical Content for all the Doctors or Hospitals, Clinics and Healthcare Providers listed on the Website or applications.
    3. Jivan Setu 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. You understand that by using the Services you may be exposed to Critical Content or other content that you may find offensive or objectionable. Jivan Setu shall not be liable for any effect on Doctor’s or Hospital’s business due to Critical Content of a negative nature. In these respects, you may use the Service at your own risk. Jivan Setu 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.
    5. Jivan Setu 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.
    6. If Jivan Setu determines that you have provided inaccurate information or enabled fraudulent feedback, Jivan Setu reserves the right to immediately suspend any of your accounts with Jivan Setu and makes such declaration on the website alongside your name/your clinics name as determined by Jivan Setu for the protection of its business and in the interests of Users.
  4. RELEVANCE ALGORITHM
    Jivan Setu has designed the relevance algorithm in the best interest of the End-User and may adjust the relevance algorithm from time to time to improve the quality of the results given to the patients. It is a pure merit driven, proprietary algorithm which cannot be altered for specific Doctors or hospitals. Jivan Setu shall not be liable for any effect on the Doctor’s or Hospital’s business interests due to the change in the Relevance Algorithm.
  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 Jivan Setu.
  6. Jivan Setu REACH RIGHTS
    Jivan Setu reserves the rights to display sponsored ads on the Website or applications. These ads would be marked as “Sponsored ads”. Without prejudice to the status of other content, Jivan Setu will not be liable for the accuracy of information or the claims made in the Sponsored ads. Jivan Setu does not encourage the Users to visit the Sponsored ads page or to avail any services from them. Jivan Setu will not be liable for the services of the providers of the Sponsored ads.
    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 Jivan Setu accepts no liability for the same.
  7. DOCTOR’S AND HOSPITAL’S DESHBORD, its use with ‘website’ and ‘Jivan Setu App’
    1. Dashboard of website and applications enables Doctors or Hospitals to connect with the End Users.
    2. Doctor or Hospital can provide appointments using this service to patient can in their hospital or clinic.
  1. India offers different type of offerings to its user. It includes four parts 1) for hospital, 2) for doctors, 3) for patients, 4) for others.
  2. First offering ‘for doctors’ is for doctors in which Jivan Setu provide different type of scheme by which doctor can promote himself of his/her clinic. All rights and terms and condition are applicable on these offering as described by Jivan Setu while providing these offerings and also from ‘terms and condition’ as descried on www.jivansetu.com
  3. Second offering ‘for Hospitals’ is for hospitals in which Jivan Setu provide different type of scheme by which hospital or its representative can promote himself of his/her hospital. All rights and terms and condition are applicable on these offering as described by Jivan Setu while providing these offerings and also from ‘terms and condition’ as descried on www.jivansetu.com .
  4. Third offering ‘for patients’ is for doctors in which Jivan Setu provide different type of scheme and offers. All rights and terms and condition are applicable on these offering as described by Jivan Setu while providing these offerings and also from ‘terms and condition’ as descried on www.jivansetu.com .
  5. Forth offering ‘for other’ like lab and pathologies etc which wants to utilise our capabilities. Jivan Setu provides different type of scheme by which they can be promoted. All rights and terms and condition are applicable on these offering as described by Jivan Setu while providing these offerings and also from ‘terms and condition’ as descried on www.jivansetu.com .

As mandated by Regulation 3(2) of the IG Rules, Jivan Setu hereby informs Users that they are not permitted to host, display, upload, modify, publish, transmit, update or share any information that:

  1. Belongs to another person and to which the User does not have any right to,
  2. Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, 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
  3. Harm minors in any way,
  4. Infringes any patent, trademark, copyright or other proprietary rights,
  5. Violates any law for the time being in force
  6. Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature
  7. Impersonate another person
  8. Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource
  9. Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
  1. Users are also prohibited from:
    1. Violating or attempting to violate the integrity or security of the Website or any Jivan Setu Content
    2. 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 Jivan Setu
    3. Intentionally submitting on the Website OR applications any incomplete, false or inaccurate information
    4. Making any unsolicited communications to other Users
    5. 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
    6. Attempting to decipher, decompile, disassemble or reverse engineer any part of the Website or applications
    7. Copying or duplicating in any manner any of the Jivan Setu Content or other information available from the Website or applications
    8. Framing or hot linking or deep linking any Jivan Setu Content
    9. Circumventing or disabling any digital rights management, usage rules, or other security features of the Software.
  2. Jivan Setu, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information as mentioned above, shall be entitled to disable such information that is in contravention of Clauses 5.1 and 5.2. Jivan Setu shall also be entitled to preserve such information and associated records for at least 90 (ninety) days for production to governmental authorities for investigation purposes.
  3. In case of non-compliance with any applicable laws, rules or regulations, or the Agreement (including the Privacy Policy) by a User, Jivan Setu 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 or applications.
  4. Jivan Setu may disclose or transfer User-generated information to its affiliates or governmental authorities in such manner as permitted or required by applicable law, and you hereby consent to such transfer. The SPI Rules only permit Jivan Setu to transfer sensitive personal data or information including any information, to any other body corporate or a person in India, or located in any other country, that ensures the same level of data protection that is adhered to by Jivan Setu as provided for under the SPI Rules, only if such transfer is necessary for the performance of the lawful contract between Jivan Setu or any person on its behalf and the User or where the User has consented to data transfer.
    Jivan Setu respects the intellectual property rights of others and we do not hold any responsibility for any violations of any intellectual property rights.
  1. 1Jivan Setu reserves the right to suspend or terminate a User’s access to the Website or applications and the Services with or without notice and to exercise any other remedy available under law, in cases where,
    1. Such User breaches any terms and conditions of the Agreement
    2. A third party reports violation of any of its right as a result of your use of the Services
    3. Jivan Setu is unable to verify or authenticate any information provide to Jivan Setu by a User
    4. Jivan Setu has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User, or
    5. Jivan Setu believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for Jivan Setu or are contrary to the interests of the Website or applications.
  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 or application or software by such User. The User shall ensure that he/she/it has continuous backup of any medical services the User has rendered in order to comply with the User’s record keeping process and practices.

In no event, including but not limited to negligence, shall Jivan Setu, 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 or applications, 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:

  1. provision of or failure to provide all or any service by Doctors or hospitals to End- Users contacted or managed through the Website
  2. Any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Website or applications
  3. Any unauthorized access to or alteration of your transmissions or data, or
  4. 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 Rs. 1000/- (Rupees One Thousand Only).

Jivan Setu may retain such information collected from Users from its Website or Services for as long as necessary, depending on the type of information; purpose, means and modes of usage of such information; and according to the SPI Rules. Computer web server logs may be preserved as long as administratively necessary.

  1. You agree that this Agreement and any contractual obligation between Jivan Setu and User will be governed by the laws of India.
  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 Jivan Setu. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be Bangalore. 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.
  3. Subject to the above Clause 9.2, the courts at G.B. Nagar U.P. 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.
  1. If a User has any questions concerning Jivan Setu, the Website or applications, this Agreement, the Services, or anything related to any of the foregoing, Jivan Setu customer support can be reached at the following email address: support@jivansetu.com or via the contact information available from the following hyperlink:www.jivansetu.com/contact.
  2. In accordance with the Information Technology Act, 2000, and the rules made there under, if you have any grievance with respect to the Website or the service, including any discrepancies and grievances with respect to processing of information, you can contact our Grievance Officer at: Name: VIJAYPAL SINGH Designation: Head – Customer Experience Address: B 29, Ocean Complex P-6, Noida sector 18 ,G B Nagar U.P. 201301 Email: support@jivansetu.comTelephone: +91-8299579594(Ask to be connected to the Grievance Officer) In the event you suffer as a result of access or usage of our Website by any person in violation of Rule 3 of the IG Rules, please address your grievance to the above person.

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.

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 Jivan Setu. Any consent by Jivan Setu to, or a waiver by Jivan Setu 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.

Jivan Setu has its right. Any part of above ‘terms and condition’ can be deleted or added any time. User is suggested to read terms and condition while use of any service and affiliates of Jivan Setu. In case of any quarry user is free to ask at privacy@jivansetu.comand/or at www.jivansetu.com/contant us .

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

Terms and conditions

Jivan Setu certified under ministry of corporation affaires by the name “Chhaunkar Portal for Doctor and Patient (OPC) Private Limited” dated on 13 July 2017. This company is totally concentrated in help of patient and doctor and provide a concentrated portal for appointment only.

  • Jivan Setu provides an IT access to doctors of hospitals and clinic.
  • Healthcare service is provided by respected doctor for whom you get appointment.
  • We get fee of doctor on the behalf of doctor and transfer it to respective account with the help of reputed payment gateway.
  • Even all doctors are certified as per the records and details provided by them though anything found illegal you can complain our authentic contacts.
  • It is responsibility of patient to reach on time on clinic or hospital and to inform concerned representative.
  • Patient safety and care is sole responsibility of hospital or clinic. We are network to connect patient with hospital and doctors.
  • Our payment process is 100% secured. Even though any problem you faced inform immediately at support@jivansetu.com or all us. We will try to give you best available solution
  • Any problem we are pleased to serve you. Please contact us on our contact details as soon as possible.