I) These Conditions of Use ('Conditions of Use') are intended to regulate the use by doctors (the 'Users' or the 'User') of the linkedcare application, which is accessed through the portal https://linkedcare.app , here in after referred to as 'prolinkedcare application'. The prolinkedcare application is operated by the company linkedcare CHC Pvt Ltd, based at 301-302 3rd floor, Good Earth City Center Sec-50, Gurgaon, Haryana, India, 122018 with registration number and legal person no. +91 99108 54222 ('linkedcare').
III) When the Conditions of Use are changed by linkedcare, the User will be notified by email, at least 7 days in advance, in relation to the date of entry into force of such changes, and may also consult them in the management menu of his account User.
IV) In the case provided for in the preceding paragraph, the User will always be guaranteed the possibility to terminate his registration before the changes take effect, except when any service he has requested is pending.
V) These Conditions of Use are in force since 28 February 2021.
1. Registration and access
1.1. Registration in the prolinkedcare application will be done online, by filling in an electronic form made available for this purpose. The interested party undertakes to provide clear, true andcomplete information about his personal data, for the purposes of registration, being obliged to keep it updated at all times.
1.2. For security reasons, the validation of the registration of Users, necessarily doctors, in the context of these Conditions of Use, will result in the verification of this quality by linkedcare based on the evaluation of the information provided on the registration form and on the additional elements requested by linkedcare (including documentation), which may decide whether or not to validate that registration within an appropriate period.
1.3.linkedcare reserves the right to refuse or cancel the registration, if the information provided by the User does not comply with the requirements indicated here, as well as any other requirements required during the registration process, or when there are well-founded doubts about it.
1.4.At the time of registration, it is up to the interested party to provide the Username('Username'), which must be their email address, and password ('Password'), which are personal, confidential and non-transferable, being its disclosure or transmission, in any form and by any means, to third parties is strictly prohibited.
1.5.The User registration is only activated after confirmation by the User, following the instructions received by e-mail automatically sent by the prolinkedcare application. As long as the User does not proceed with this activation, he will be able to view some menus of the application but without the possibility of entering data.
1.6. After activating the registration, linkedcare will validate the personal and professional data provided by the User during that process. Only upon positive validation, the registration can be considered as completed, and linkedcare will open the access to the doctor), the User doctor must be previously registered by the relevant authorities..
1.7.Each User can only correspond, at each moment, a single registration in the prolinkedcare application, with linkedcare reserving the right to prevent subsequent registrations and or to extinguish them when it verifies that they have been made. Anyway, doctors Users of the prolinkedcare application will always be able to register themselves in the mylinkedcare application for the general public (in a separate and independent process), not doing so as doctors but in order to have their own personal records as citizens.
1.8.The User assumes full responsibility for the operations carried out through his Username and Password, even if by third parties, with or without his authorization, assuming full responsibility for their non-disclosure.
1.9.Any access by third parties using the Username and Password of the User will be considered as having been made by the latter, and linkedcare does not assume any responsibility for the consequences of such access.
1.10. User registration is free and will be valid indefinitely, unless the User withdraws or linkedcare cancels it.
2.Intellectual and industrial property
2.1. All the contents of the prolinkedcare application, being understood as such, by way of example only, the texts, photographs, graphics, images, icons, technology, software, links and other audiovisual or sound content, as well as its graphic design and source codes (hereinafter, the “contents”), constitute intellectual property of linkedcare or third parties, without any transfer to the User of any of the rights to exploit content recognized by the current legislation on property intellectual property, except those that are strictly necessary to use the prolinkedcare application
2.2. The brands, trade names or distinctive signs belong to linkedcare or to third parties, without access to the prolinkedcare application giving the User any right to the said marks, trade names and/or distinctive signs.
3. Conditions of Use of the prolinkedcare application
3.1. The User of the prolinkedcare application recognizes the following:
• A linkedcare is not a company that practices medicine or provides any health care, activities that are the sole responsibility of doctors Users of the prolinkedcare application.
• A linkedcare does not employ or contract doctors to practice medicine or provide any other type of healthcare to any citizen.
• The relationship between doctors Users of the prolinkedcare application is the sole responsibility of the doctors Users involved.
• The relationship between physicians Users of the prolinkedcare application and citizens who use the mylinkedcare application is the sole responsibility of the physician Users involved and the referred citizens.
• All communications between doctors Users of the prolinkedcare application, by sound, image, video, text, files, or any other forms or means that use the features provided in the prolinkedcare application, as well as the contents and substance of those same communications, will be the sole responsibility of physicians Users involved.
• All communications between doctors Users of the prolinkedcare application and citizens using the mylinkedcare application, by sound, image, video, text, files, or any other forms or means that use these applications managed by linkedcare, as well as the contents and substance of those same communications , will be the exclusive responsibility of the medical Users involved and of those citizens.
• linkedcare is not responsible to any citizen User of the mylinkedcare application for any act or omission of doctors Users of the prolinkedcare application in connection with such use.
• Any services provided to citizens by doctors Users of the prolinkedcare application result exclusively from the professional judgment of each of these doctors.
3.2. The prolinkedcare application is an online application, accessible through the use of hardware and software that allow the User to have a functional connection to the Internet through a browser. linkedcare is not responsible for making available to its Users any devices, hardware, software, licenses or subscriptions necessary to access the Internet and the prolinkedcare application, being the obtainment and use of the Users exclusive responsibility.
3.3. The use of the prolinkedcare application for the purposes of harming linkedcare or third party assets or interests or in order to overload, damage or render unusable the networks, servers and other computer equipment (hardware) or computer products and applications(software) of the company is expressly prohibited.
3.4. The use of the prolinkedcare application for the purposes of harming linkedcare or third party assets or interests or in order to overload, damage or render unusable the networks, servers and other computer equipment (hardware) or computer products and applications (software) of the company is expressly prohibited. linkedcare or third party.
3.5. For the sake of clarity, the User, under the terms of the current legislation, shall refrain from:
• Reproducing, copying, distributing, making available, publicly disclosing, transforming or modifying the contents, except in cases permitted by law or expressly authorized by linkedcare or by those who hold the exploitation rights, as the case may be.
• Reproduce or copy for private use the contents that can be considered as Software or Database in accordance with the current legislation on intellectual property and legal protection of databases, as well as disseminate or make them available to third parties when these acts necessarily imply their reproduction by the User or a third party.
• Extract and/or reuse all or a substantial part of the contents of the prolinkedcare application, as well as the databases that linkedcare may eventually make available to Users.
3.6. As part of the use of the prolinkedcare application, the User is expressly prohibited from:
• interfere or condition, in any way, the regular functioning of the prolinkedcare application and/or the provision of services made available through it;
•engaging in illegal activities or violating the rights of linkedcare, other users of the prolinkedcare application, users of the mylinkedcare application, and/or any other third parties;
•upload, transmit, access, reproduce or download content such as texts, data, images or programs, which are illicit in nature, violate copyright, are considered illegal, offensive, pornographic or discriminatory on the basis of religion, sex or race, incite criminal acts, promote physical or moral damage against any person or exploit or incite the exploitation of minors;
•upload, transmit, access, reproduce, download, advertise the sale, offer, exchange or demand of any copy or way of obtaining a copy or way of using a copy of a computer program, musical work, videogram, written publication or any other work protected by copyright or industrial property laws, or any other material or information that may be legally protected or violate the rights of third parties, regardless of the medium used, without having the respective rights of transmission, reproduction, advertising, use or authorization legally required;
• transmit for make accessible in any form any material that contains viruses, programs, systems or files that destroy or limit the operation and/or capacity of any computer;
•violate (or attempt to violate) any authentication or security system that protects access accounts, servers, services or networks, namely through unauthorized access to other peoples data (breach of privacy), unauthorized vulnerability research on servers, services or networks, namely through the systematic detection of response to services (Scan) or the entry or attempt to enter machines without the express authorization of those responsible (Break In);
• intentionally interfere in the good functioning of servers, services or networks, namely through overload actions, combined or not with exploitation of system vulnerabilities, which aim to sabotage the functioning of services (Denial of Service), the mass sending of packages (Flooding ), or any attempts to hinder or disrupt servers, services or networks;
• falsify (insert, modify, delete or delete, in whole or in part) data, after its production, with the intention of evading and misleading the recipients of that data, namely by changing IP addresses (IP Spoofing) and altering identifying e-mail messages;
• create or introduce into the prolinkedcare application any types of viruses or programs that damage or contaminate it or advise third parties to do so.
4. Exclusion of liability
4.1. Access to the prolinkedcare application does not imply for linkedcare the obligation to control the absence of viruses or any other harmful computer element. It is up to the User to have adequate tools available for the detection and disinfestation of harmful computer programs.
4.2. linkedcare is not responsible for damages caused to Users computer equipment or to third parties during the use of the prolinkedcare application and/or the provision of services through it.
4.3. linkedcare does not guarantee the uninterrupted operation of the prolinkedcare application, or any of its functionalities, which can be suspended for maintenance, repair or updates.
4.4. Access to the prolinkedcare application requires third-party services and supplies, including transport over electronic communications networks, which linkedcare is not responsible for ensuring reliability, quality, continuity and operation. Consequently, the services provided through the prolinkedcare application can be suspended, canceled or rendered inaccessible, previously or during the provision of the same.
4.5. linkedcare is not responsible for damages or losses of any kind caused to the User that result from failures or interruptions in the communications networks that imply the suspension, cancellation or interruption of services provided through the prolinkedcare application, before or during the provision of the same.
4.6. linkedcare does not guarantee, in particular, the following:
• the reliability, correctness, accuracy of the materials, information, software, means, services and other content contained in the prolinkedcare application, that they are free from errors or omissions or their suitability for a specific purpose;
• that the features contained in the prolinkedcare application will be available uninterruptedly and without fail or that the servers that make them available are free of viruses or other components that may impair its use;
• that the features contained in the prolinkedcare application will be available uninterruptedly and without fail or that the servers that provide them are free of viruses or other components that may impair the use of the same;
4.7. A linkedcare is not responsible for the damages or damages resulting from the breach or defective fulfillment of contractual obligations when this is not imputable as a result of intent or serious fault, and is not responsible for:
• damage caused by the fault of the User, other users of the service or any third party not in the service of linkedcare, or
• non-compliance or defective fulfillment of contractual obligations resulting from the fulfillment of judicial decisions or administrative authorities, or
• non-compliance or defective fulfillment of contractual obligations resulting from the occurrence of force majeure situations, that is, situations of an extraordinary or unpredictable nature, external to linkedcare and which cannot be controlled by it and which prevent or impair the fulfillment of contractual obligations.
4.8. A linkedcare does not assume any responsibility:
• for losses or damages resulting from the use or deficient use of the prolinkedcare application or its materials, information, means, services or content;
• directly or indirectly, jointly or severally, for direct or indirect damages, arising or loss of profits, caused to third parties due to non-compliance or defective fulfillment of the obligations assumed by the User, namely with regard to these Conditions of Use, the User committing himself, already, to defend or, if applicable, to reimburse linkedcare for any claims or claims of rights on the part of third parties, resulting from said non-compliance or defective compliance;
• for the correct functioning or adequacy of the products or services that are made available by third parties in the prolinkedcare application, under no circumstances assuming any obligations or responsibilities as a producer of the good or provider of the services in question;
• resulting from an eventual violation of the rights of third parties, namely industrial property rights or copyright over texts and images, which will be entirely assumed by the person responsible for their insertion in the prolinkedcare application.
4.9 In no event will linkedcare be liable for indirect damages, such as loss of business, wages, revenue or expected savings, or loss of profits.
5. Content and services linked through the prolinkedcare application
5.1.The prolinkedcare application may include technical linking devices (links), directories and even search tools that allow the User to access other websites, pages or Internet portals under the responsibility of third parties (hereinafter, the "Linked Sites").
• These eventual links to any other Linked Sites are intended for the Users convenience and do not imply on the part of linkedcare the control or approval of such Linked Sites and their contents.
• In these cases, linkedcare acts as an intermediate content association service provider under the terms of article 17 of Decree-Law no. 7/2004, of 7 January, amended by Law no. 46/2012, of 29 August, and will only be responsible for the content and services provided on the Linked Sites to the extent that it has effective and proven knowledge of the activity or information that is clearly illegal and has not immediately deactivated the connection.
• If the User considers that there is a Linked Site with illegal or inappropriate content, he / she may communicate this fact to linkedcare through our online support, without, however, this communication implying linkedcares obligation to withdraw the corresponding link.
5.2. Under no circumstances should the existence of Linked Sites presuppose the existence of agreements with those responsible or owners of the same, nor the recommendation, promotion or identification of linkedcare with the declarations, contents or services provided.
5.3. A linkedcare is unaware of the contents and services of the Linked Sites and, as such, is not responsible for the damages caused due to the illegality, quality, outdated, unavailability, error and uselessness of the contents and/or services of the Linked Sites or for any other damage other than directly attributable to linkedcare.
5.4. These Conditions of Use refer exclusively to navigation in the prolinkedcare application and do not apply to any Linked Sites.
6. Duration, suspension and termination
6.1. The User acknowledges that linkedcare is not obliged to keep the prolinkedcare application available at all times, and linkedcare does not have any responsibility for the loss or alteration of content provided by it.
6.2. linkedcare may remove the possibility of accessing and using the prolinkedcare application, without the need for prior notice, whenever the User violates any legal provision or any provision of these Conditions of Use, as well as in case it is detected by any means, any activity fraudulent or link to fraudulent activity, promoted by the User and related to the prolinkedcare application.
6.3. In addition to other situations contained in the Conditions of Use, the agreement signed between linkedcare and the User, within the scope of the prolinkedcare application, is effective until the moment the User stops it, and for that purpose he must make the corresponding request through the management of your account..
6.4. In case of cancellation of the User doctors account, linkedcare, at his request, may make the data hosted on his account available, in electronic format, within a maximum period of 30 days.
7.2. The User undertakes to keep constantly updated the contacts provided in his registration, in particular those designated for the purposes of notifications.
linkedcare will use its best efforts in order to ensure that third party advertising for products or services included in prolinkedcare respects the applicable legal and regulatory standards. Notwithstanding, linkedcare is not responsible for the possible lack of veracity, completeness, timeliness and accuracy of the contents, data or information of any nature, including prices, characteristics and any other relevant data and information, related to those products and services.
9. Medical or health information on the prolinkedcare application
9.1. In order to enrich the experience of use by doctors Users of the prolinkedcare application, linkedcare will be able to provide content in matters related to health through this application. These contents should be used for information purposes only and should not be understood as medical suggestions for diagnoses, treatments or any other purposes.
9.2. Linkedcare is not responsible for the correctness, accuracy or substance of this type of content, the physician User fully assuming responsibility for the use of the contents made available in the prolinkedcare application, linkedcare not assuming any responsibility for any losses or damages caused to the User or third parties by said use.
10. User support service
The User support service can be provided through e-mail, chat and telephone, allowing you to communicate with us to resolve any situation. You will also be able to access videos explaining the operation of some of the features, the most frequently asked questions and answers, as well as a knowledge base based on solutions already presented to other Users.
All messages received by the User support service will be answered within a reasonable time, however, linkedcare is not committed to meeting any deadline, even if requested by the User.
The instructions and/or clarifications provided by linkedcare are based on information provided by the User, namely regarding technical requirements of hardware and/or software used, with linkedcare being exempt from any responsibility for such instructions and/or clarifications whenever they have based on information provided by the User that proves to be incorrect.
11. Applicable legislation and venue
These Conditions of Use are governed in all their aspects by indian law and, in case of dispute regarding their interpretation, integration or application, the User agrees to submit to the exclusive jurisdiction of the Indian courts.
Any clarification or comment on these Conditions of Use should be directed to linkedcare through our online support.
Linkedcare CHC Pvt. Ltd.
10th Aug 2021