Terms And Conditions Governing The Use Of Q UP Services

Q UP Technologies Private Limited (“Q UP”) is the author and publisher of the internet resource www.qupapp.com and the mobile application ‘Q UP’ (together, “Website & Application”). Q UP owns and operates the services provided through the Website & Application.

 

1. NATURE AND APPLICABILITY OF TERMS

 

Please carefully go through these terms and conditions (“Terms”) and the privacy policy available at https://www.qupapp.com/QupPrivacy_Policy.html (“Privacy Policy”)before you decide to access the Website & Application or avail the services made available on the Website & Application by Q UP. These Terms and the Privacy Policy together constitute a legal agreement (“Agreement”) between you and Q UP in connection with your visit to the Website & Application and your use of the Services (as defined below). The Agreement applies to you whether you are -

 

This Agreement applies to those services made available by Q UP on the Website & Application, which are offered free of charge to the Users (“Services”), including the following:

For Practitioners: Listing of Practitioners and their profiles and contact details, to be made available to the other Users and visitors to the Website & Application; For other Users: Facility to (i) Access Prescriptions, (ii) search for Practitioners by name, specialty, and geographical area, or any other criteria that may be developed and made available by Q UP, and (iii) to make appointments with Practitioners. The Services may change from time to time, at the sole discretion of Q UP, and the Agreement will apply to your visit to and your use of the Website & Application to avail the Service, as well as to all information provided by you on the Website & Application at any given point in time. This Agreement defines the terms and conditions under which you are allowed to use the Website & Application 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 help@qupapp.com. By downloading or accessing the Website & Application to use the Services, you irrevocably accept all the conditions stipulated in this Agreement, the Subscription Terms of Service and Privacy Policy, as available on the Website & Application, 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 & Application 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, and such modifications shall be informed to you in writing You should read the Agreement at regular intervals. Your use of the Website & Application 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 & Application or avail any Services. Your access to use of the Website & Application and the Services will be solely at the discretion of Q UP.

 

2. CONDITIONS OF USE

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

 

3. TERMS OF USE APPLICABLE TO ALL USERS OTHER THAN PRACTITIONERS

The terms in this Clause 3 are applicable only to Users other than Practitioners.

 

Q UP enables Users to connect with Practitioners through one method: a) Book facility that allows Users book an appointment through the Application;

 

Q UP may provide End-Users with a free facility known as ‘Records’ or ‘Prescription’ on its Website & Application and mobile application ‘Q UP’. Information available in your Records is of two types: i. User-created: Information uploaded by you or information generated during your interaction with Q UP ecosystem, eg: appointment. ii. Practice-created: Health Records generated by your interaction with a Practitioner who uses ‘Q UP’ or other Services of Q UP software.

All Health records created either on the Website & Application or on the in clinic application are based upon your consent. Such consent is deemed to be given when you visit the Website & Application or the clinic. It is the sole responsibility of the clinic to make patients aware that the said establishment uses Q UP software and services. Q UP will not be held liable for the failure of such communication from clinic/practitioner. If you want to create your record please inform the clinic or doctor expressly. In the case that you may wish to remove such a record you may contact us on help@qupapp.com. Do note your data may still be held after removing personal identifiers mentioned above to facilitate continued services or analysis.

The specific terms relating to such Health Account are as below, without prejudice to the rest of these Terms and the Privacy Policy:

 

4. TERMS OF USE PRACTITIONERS

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

 

Q UP ensures easy access to the Practitioners by providing a tool to update your profile information. Q UP reserves the right of ownership of all the Practitioner’s profile and photographs and to moderate the changes or updates requested by Practitioners. However, Q UP 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 Q UP’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, Q UP may modify or delete parts of your profile information at its sole discretion with or without notice to you.

 

5. RIGHTS AND OBLIGATIONS RELATING TO CONTENT

 

6.     TERMINATION

 

7. LIMITATION OF LIABILITY

In no event, including but not limited to negligence, shall Q UP, 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 & Application or the content, materials and functions related thereto, the Services, User’s provision of information via the Website & Application, 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:

8.     RETENTION AND REMOVAL

Q UP may retain such information collected from Users from its Website & Application 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.

 

9.     APPLICABLE LAW AND DISPUTE SETTLEMENT

 

10. CONTACT INFORMATION GRIEVANCE OFFICER

 

11. SEVERABILITY

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

 

12. WAIVER

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

 

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