What is Swakaya
The domain name www.swakaya.com, an internet based portal, is operated by Swakaya Healthcare LLP, an LLP duly incorporated under the provisions of the Limited Liability Act, 2008 (hereinafter referred to as “Swakaya” or “We” or “Our” or “Us” or “Company”) having registered office at Shop No. 40, Prestige Point, 283 Shukrawar Peth, Pune – Maharashtra 411002. The domain name is referred to as the “Website”.
The Website is a platform that facilitates (i) online consultancy and/or treatment, counselling, second opinion and intervention via holistic therapies via various third-party doctors, consultants and service providers (“Third Party Service Providers” or “SP”); (ii) online advertisements of various sponsors advertising and marketing their own good and services (“Third Party Advertisers”). The Third Party doctors, consultants and service providers and the Third Party Advertisers are collectively referred to as the “Third Party Service Providers”. Further the Website also serves as an information platform providing health and wellness related information (“Information Services”) to the Users accessing the Website (The services of the Third Party Services Providers and the Information Services are collectively referred to as the “Services”).
Indian Contract Act, 1872 (“Contract Act”):
(Indian) Information Technology Act, 2000 (“IT Act”) and the rules, regulations, guidelines and clarifications framed thereunder, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011, and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (“IG Guidelines”).
Drugs and Cosmetic Act, 1940 (“Drugs Act”), read with the Drugs and Cosmetics Rules, 1945 (“Drugs Rules”);
Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 (“Drugs and Magic Act”);
The Indian Medical Council Act, 1956 read with the Indian Medical Council Rules, 1957;
Pharmacy Act, 1948 (“Pharmacy Act”) and
Consumer Protection Act, 2019 and Consumer Protection (E-Commerce) Rules, 2020.
For the purposes of availing the Services and/or transacting with the Third Party Service Providers through the Website, You are required to obtain registration, in accordance with the procedure established by Swakaya in this regard. As part of the registration process, Swakaya may collect the following personal information from You:
- User ID;
- Email address;
- Address (including country and ZIP/ postal code);
- Phone number;
- Password chosen by the User;
- Valid Medical History;
- Valid financial account information; and
- Other details as You may volunteer.
A registered id can only be utilized by the person whose details have been provided and Swakaya does not permit multiple persons to share a single log in/ registration id. However, a registered user, being also a parent or legal guardian of a person ‘incompetent to contract’ such as minors or persons with unsound mind, would be permitted to access and use the Website for the purposes of procuring the Services, on behalf of such persons.
You agree and acknowledge that You would (i) create only 1 (one) account; (ii) provide accurate, truthful, current and complete information when creating Your account and in all Your dealings through the Website; (iii) maintain and promptly update Your account information; (iv) maintain the security of Your account by not sharing Your password with others and restricting access to Your account and Your computer; (v) promptly notify Swakaya if You discover or otherwise suspect any security breaches relating to the Website; and (vi) take responsibility for all the activities that occur under Your account and accept all risk of unauthorized access.
The Website uses temporary cookies to store certain data (that is not sensitive personal data or information) that is used by Swakaya for the technical administration of the Website, research and development, and for User administration. In the course of serving advertisements or optimizing services to You, Swakaya may allow authorized third parties to place or recognize a unique cookie on the Your browser. Swakaya does not store personally identifiable information in the cookies.
USE OF SERVICES AND THE WEBSITE
Platform to facilitate transaction of business:
Through the Website, Swakaya facilitates the (i) online consultancy and/or treatment, counselling, second opinion and intervention via holistic therapies via various third-party doctors, consultants, and services offered by “Third Party Service Providers” or “SP”. You understand and agree that Swakaya and the Website merely provides hosting services to You and persons browsing / visiting the Website. All services offered through the Website, and the content made available by the Third Party Service Providers, are third party user generated contents and third party products. Swakaya has no control over such third party user generated contents and Services and does not – originate or initiate the transmission, or select the sender/recipient of the transmission, or the information contained in such transmission. The authenticity and genuineness of the Services made available by the Third Party Service Providers through the Website shall be the sole responsibility of the Third Party Service Providers. You understand and agree that Swakaya shall have no liability with respect to the authenticity of Services being facilitated through the Website.
You understand and agree that all commercial / contractual terms, with respect to Services which are offered by and agreed to between You and the Third Party Service Providers, which are offered through the Website by the Third Party Service Providers shall strictly be a bipartite contract between the Third Party Service Providers and You.
The commercial / contractual terms include without limitation – price, handling costs, payment methods, payment terms, date, period and mode of delivery, warranties related to Services offered by the Third Party Service Providers. Swakaya does not have any control over, and does not determine or advise or in any way involve itself in the offering or acceptance of, such commercial / contractual terms offered by and agreed to, between You and the Third Party Service Providers.
Representation as to legal title
Swakaya does not make any representation or warranty as to legal title Services offered for sale by the Third Party Service Providers on the Website.
At no time shall any right, title, claim or interest in the services provided through or displayed on the Website vest with Swakaya nor shall Swakaya have any obligations or liabilities in respect of any transactions on the Website.
You agree and acknowledge that the Third Party Service Providers shall be solely responsible for any claim/ liability/ damages that may arise in the event it is discovered that such Third Party Service Providers erred judgement or failed to provide services to their satisfaction.
Non-Performance of Contract
You accept and acknowledge the following:
Swakaya is not responsible for any unsatisfactory, delayed, non-performance or breach of the contract entered into between You and the Third Party Service Providers for services offered by such Third Party Service Providers on the Website;
Swakaya cannot and does not guarantee that the concerned Third Party Service Providers will perform any transaction concluded on the Website;
You expressly confirm and declare that you have checked and are satisfied about the capabilities of the Third Party Service Providers. You expressly confirm and declare that you shall use any services from the website, with reasonable care and after re-verification of the process, from other experts, before availing procedure and shall immediately inform Swakaya about any inconvenience or problem. You shall take yourself, necessary precautions and damage control procedure. You also confirm that before using any service, you are yourself satisfied about the therapy, process and opinion from your other family doctor. You expressly waive your rights to enforce any claim or compensation from Swakaya. You expressly declare that you understand that holistic therapies and based on various principles, observations and assumptions. As such, they may not produce the same results for different user of services. You agree that the treatment taken, or guidelines followed, are at your own risk and that you have taken informed decision after comparing various pros and cons. You also agree that these treatments are not substitute of any on-going treatment, and not principle treatment and in any case, the treatments are not taken in case of any emergencies.
You acknowledge and understand that Swakaya provides no warranty or representation with respect to the authenticity/ veracity of the information provided on the Website and You must run Your own independent check. You agree and acknowledge that Swakaya has not played any role in the ascertainment of the actual impact/ effect of any Services being offered by the Third Party Service Providers on the Website. Further, it is hereby clarified that the Third Party Service Providers are offering the Services to You and they are responsible for procuring the appropriate licenses for the same. You agree and acknowledge that You shall not hold Swakaya responsible or liable for any damages arising out of such reliance on third party user generated content by You.
Invitation to offer for sale
Advertising Guidelines for the Website –
As part of the Services provided by Us; We facilitate and allow Third Party Advertisers to place advertisements on the Website. Accordingly, there are guidelines (as listed herein below) which the Third Party Advertisers have to follow for placing such advertisements (the “Advertising Policy”).
For the Third Party Advertisers: The Third Party Advertisers must be honest about the products or services their advertisements promote; the advertisement shall not create unrealistic expectation and must not be misleading or offending; must be responsible and of the highest standards and without compromising the consumer protection. The Advertising Policy applies to all the advertisements, listed or sought to be listed, on the Website.
Review: All the advertisements are subject to the review and approval of Swakaya. Swakaya reserves the right to reject or remove any advertisement in its sole discretion for any reason. Further, Swakaya also reserves the right to request modifications to any advertisement, and to require factual substantiation for any claim made in an advertisement.
Prohibited Content: The advertisements must not infringe the intellectual property, privacy, publicity, copyright, or other legal rights of any person or entity. The advertisements must not be false, misleading, fraudulent, defamatory, or deceptive. The following advertisement content is prohibited:
- content that demeans, degrades, or shows hate toward a particular race, gender, culture, country, belief, or toward any member of a protected class;
- content depicting nudity, sexual behaviour, or obscene gestures;
- content depicting drug use;
- content depicting excessive violence, including the harming of animals;
- shocking, sensational, or disrespectful content;
- deceptive, false or misleading content, including deceptive claims, offers, or business practices;
- content that directs users to phishing links, malware, or similarly harmful codes or sites; and
- content that deceives the Users into providing personal information without their knowledge, under false pretences, or to companies that resell, trade, or otherwise misuse that personal information; and
- content that violates any law for the time being in force.
Prohibited Advertisements: Advertisements for the following products and services are prohibited:
- adult products and services (other than contraceptives; see below);
- cigarettes (including e-cigarettes), cigars, smokeless tobacco, and other tobacco products;
- products or services that bypass copyright protection, such as software or cable signal descramblers;
- products or services principally dedicated to selling counterfeit goods or engaging in copyright piracy;
- get-rich-quick or pyramid schemes or offers or any other deceptive or fraudulent offers;
- illegal or recreational drugs or drug paraphernalia;
- counterfeit, fake or bootleg products, or replicas or imitations of designer products;
- firearms, weapons, ammunition, or accessories;
- advertisements that promote particular securities or that provide or allege to provide insider tips;
- any illegal conduct, product, or enterprise;
- unapproved pharmaceuticals and supplements;
- prescription drugs;
- products that have been subject to any government or regulatory action or warning;
- products with names that are confusingly similar to an unapproved pharmaceutical or supplement or controlled substance; and
- material that directly advertises products to or is intended to attract children under the age of 13.
Prohibited Advertisements under the Drugs and Magic Act:
Subject to the provisions of the Drugs and Magic Act, no person shall take any part in the publication of any advertisement referring to any drug which suggest or are calculated to lead to the use of that drug for –
- the procurement of miscarriage in women or prevention of conception in women; or
- the maintenance or improvement of the capacity of human beings for sexual pleasure; or
- the correction of menstrual disorder in women; or
- the diagnosis, cure, mitigation, treatment or prevention of any disease, disorder or condition specified in the schedule of the Drugs and Magic Act, or any other disease, disorder or condition (by whatsoever name called) which may be specified in the rules made under the Drugs and Magic Act; or provided that no such rule shall be made except, – (i) in respect of any disease, disorder or condition which requires timely treatment in consultation with a doctor or for which there are normally no accepted remedies; or
- prohibition of misleading advertisements relating to drugs;
- subject to the provisions of the Drugs and Magic Act, no person shall take any part in the publication of any advertisement relating to a drug if the advertisement contains any matters which:
- directly or indirectly gives a false impression regarding the true character of the drug; or
- makes a false claim for the drug; or
- is otherwise false or misleading in any material particular.
It is hereby clarified that that the Third Party Advertisers will comply with all the provisions of the Drugs and Magic Act and the rules made thereunder. Further, it is agreed that the Third Party Advertisers shall be solely responsible for any penalty or any action taken by the governmental authorities for non-compliance with the Drugs and Magic Act and the rules made thereunder.
Restricted Advertisements: Advertisements in the following categories are restricted and require approval on a case-by-case basis:
- advertisements that promote or reference alcohol;
- advertisements for online dating services;
- advertisements for gambling and games of skill;
- advertisements for lotteries;
- advertisements for financial services;
- advertisements for contraceptives;
- advertisements for online pharmacies or pharmaceuticals; and
- political advertisements.
Testimonials & Endorsements:
Any testimonials and endorsements contained in advertisements must comply with all applicable law(s), industry codes, rules, and regulations. For example, a clear and conspicuous disclaimer is required if an endorser’s results were atypical or if the endorser was paid;
Swakaya recognizes and maintains a distinct separation between advertising and sponsored content and editorial content. All advertising or sponsored content on the Website of the Company will be clearly and unambiguously identified; and
a click on an advertisement may only link the User to the website of the Third Party Advertiser(s).
Editorial Policy for the Website –
As part of the Services, Swakaya provides Swakaya Content on the Website targeted at general public for informational purposes only and does not constitute professional medical advice, diagnosis, treatment or recommendations of any kind. Swakaya Content is subject to the following rules/ information:
Swakaya Content is original and is relevant to the general public;
topics for Swakaya Content are selected by Our board of qualified experts consisting of certified medical experts, pharmacist and medical professionals;
topics for Swakaya Content are chosen on the basis of current health news, drug alerts, new drug launches, latest medical findings published in peer-reviewed medical journals, such as ‘The Journal of the American Medical Association’, ‘The New England Journal of Medicine’, ‘The Lancet’, ‘Pediatrics’, ‘Diabetes Care’, and many others;
editorial board takes into account the latest trending health and wellness topics like dengue, swine flu, seasonal allergies, new vaccines, public awareness trends like breast cancer awareness month,” and ‘Healthy Heart Month’; as well as emerging health and nutrition trends like health benefits quinoa, use of BGR 34 for managing diabetes, alternative medicine like ayurveda, homeopathy and much more;
Swakaya maintains principles of fairness, accuracy, objectivity, and responsible, independent reporting;
the member of Swakaya has to fully disclose any potential conflict of interest with any of the Third Party Service Providers;
Swakaya’s editorial staff holds the responsibility of providing objective, accurate, and balanced accounts of events and issues; and
Terms for use of the Online Doctor Services, including but not limited to Consultancy and Healing Therapies:
NO DOCTOR-PATIENT RELATIONSHIP: Swakaya does not replace Your relationship with physician or healthcare provider. The information interpreted SHOULD NOT be relied upon as a substitute for sound professional medical advice, evaluation or care from Your physician or other qualified healthcare provider.
You acknowledge that the Medical Experts empanelled with Us are independent contractors and thereby Swakaya has an independent contractor relationship with such Medical Experts and therefore in no event Swakaya will be directly or vicariously liable for any advice or medical consultancy or any loss arising therefrom that the Medical Experts may provide to You or You may avail as part of the Services.
You acknowledge that the e-prescription which may be issued by the medical expert(s), in certain events, is not be a valid prescription under applicable law(s) of India and may not be used for dispensation of medicines by any pharmacist including the Third Party Service Providers. You further agree and acknowledge that if You request us to process the e-prescription or any form of prescription (whether original or scanned copy of the original prescription) for facilitation of medicine orders, then we will only act as an aggregator and assume no responsibility and/ or liability in relation to the dispensation of the medicines, which shall at all times be at your sole risk and the sole responsibility of the Third Party Service Providers supplying the medicines to you.
You acknowledge that although some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, “Information”) that is provided to You on the Website (including Information provided in direct response to Your questions or postings) may be provided by individuals in the medical profession, the provision of such Information does not create a doctor/medical professional-patient relationship, but is provided to inform You on various medical conditions, medical diagnosis and treatment and it does not constitute a direct medical diagnosis, treatment or prescription. Everything on the Website should be used for information purposes only.
Swakaya is designed to support the health decisions and choices that You make. These decisions and choices are Yours, and We believe that You, in connection with the advice You receive from Your doctor or other professional healthcare provider, are the best decision maker about Your health. We cannot make decisions for you. However, what We can do is help You find good health information and connect with doctors for in-person information. On Swakaya You can ask and find informational questions and related educational answers by Medical Experts. The Website is not a place for the practice of medicine, but Medical Experts on the Website can be a resource for reliable, relevant general health information.
Even if Your real life doctor is on Swakaya, personal medical advice, treatment or diagnosis are not permitted through the Website, and by using the Website You agree not to solicit these or use any information as if it were personal advice, treatment, or diagnosis. Whenever You want personal medical advice, treatment, or diagnosis, You should contact Your physician or professional healthcare provider and see them in person.
We do not recommend or endorse any specific Medical Expert(s), tests, products, procedures, opinions, or other information that may be mentioned on the Website. Reliance on any information provided on the Website is solely at Your own risk. In case of any medical emergency, kindly contact Your nearest doctor/hospital or any related helpline.
The Services are not for use in medical emergencies or for critical health situations requiring prompt medical attention. The Services are not intended to be real-time and may not be the best solution when a face-to-face consultation is a must and therefore We strongly discourage any delay in seeking advice from Your doctor on account of something that You may have heard/viewed on the Website. You take full responsibility for ensuring that the information submitted is accurate and Swakaya shall not make any effort to validate any information provided by You for using the Services with respect to content, correctness or usability. We, with an intention to provide the best services possible could ask You to share more information as and when needed.
The opinions, statements, answers and tele-consultations (collectively “Consultation”) provided by the Medical Experts through the Website are solely the individual and independent opinions and statements of such Medical Experts and do not reflect the opinions of Swakaya, its affiliates or any other organizations or institutions to which such Medical Expert or such specialist or professional is affiliated or provides services. Swakaya does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Website or by a licensee of Swakaya.
The inclusion of professionals, specialists and/ or Medical Experts on the Website or in any professional directory on the Website does not imply recommendation or endorsement of such specialists and/ or Medical Experts nor is such information intended as a tool for verifying the credentials, qualifications, or abilities of any specialists and/ or Medical Experts contained therein. Such information is provided on an ‘as-is’ basis and Swakaya disclaims all warranties, either express or implied, including but not limited to the implied warranties of merchantability and fitness for particular purpose.
Swakaya (the owners and the employee staff of Swakaya), Medical Experts and third-party professionals who offer the Services through the Website accept no responsibility for any medical, legal or financial events or outcomes related to the Services availed through the use of the Website.
Swakaya makes no warranty that the Services will meet Your requirements, or that the Service(s) will be uninterrupted, timely, secure, or error free. This includes loss of data or any service interruption caused by Swakaya employees. Swakaya is not responsible for transmission errors, corruption of data.
Swakaya is for personal use and the Services are for individuals to use for supporting their personal health decisions. You may use the Website for personal, but not for commercial, purposes.
Your right to use the Services is not transferable.
Notwithstanding anything to the contrary contained herein, You alone shall be liable for Your dealings and interaction with patients or Medical Experts (as the case may be) contacted or managed through the Website and Swakaya shall have no liability or responsibility in this regard. Swakaya does not guarantee or make any representation with respect to the correctness, completeness or accuracy of the Information or detail provided by such client, patient, User, Medical Experts or any third party through the Website. The Services should not be used for emergency appointment purposes.
The exchanges between the Medical Experts and the patient through the chat window or over telephone (as the case maybe) and the e-prescription would be accessible to Swakaya for the purposes of monitoring the quality of the consultation.
The Services should not be depended upon and should not be treated as a replacement for obtaining consultation for diseases as the consultation provided through the Website is generic in the approach and shall not and cannot act as a substitute for physical consultation with a doctor. Also the Consultations provided through the Website are not diagnostic in nature.
Risks of using Swakaya’s Services
While the Website is an honest attempt to provide access to the best possible medical information to the Users, the Medical Experts will not be examining You physically. The Medical Experts may not have access to all or some of Your medical history that might be critical to consult You. The Medical Experts will not have the benefit of information that would be obtained by examining You in person, observing Your physical condition and by going through Your medical records. This means that the Services provided is different from the diagnostic and treatment services typically decided by a physician. Therefore, the Medical Experts may not be aware of facts or information that would affect his or her opinion of Your diagnosis. To reduce the risk of this limitation, Swakaya strongly encourages You to be in touch with an on-ground physician and share the Swakaya’s opinion with him/her.
By requesting a medical opinion through the Website, You acknowledge and agree that:
- the advice/information/opinion on diagnosis You may receive could be limited and provisional;
- the medical opinion is not intended to replace a face-to-face visit with a physician and it does replace an actual doctor-patient relationship;
- in case of a second opinion where there is a difference of opinion among Our Medical Experts and Your physician, You would bear the responsibility to decide on online or offline consultation, or procedure, and/or treatment;
- the Medical Expert is reliant on information provided by You and hence any information demonstrated to have been falsified, misleading or incomplete will immediately render the opinion and all details therein null and void;
- in some cases, the Medical Expert may determine that the transmitted information is of inadequate quality and may ask for more information, without which he/she may refuse to answer the query;
- in rare cases, the Medical Experts may feel that the query may not be answerable without physically examining the patient/ Users and the Consultation may be refused forthwith;
- in very rare instances, security protocols could fail, causing a breach of privacy of personal medical information; and
Your Profile, Collection, Use, Storage and Transfer of Personal Information:
Your Swakaya profile is created to store record of Your Consultations and Your personal health information online, including history, health conditions, allergies and medications.
Any information provided as part of a web Consultation or obtained from use of the Services by You becomes part of Your Swakaya record. You agree to provide accurate information to help Us serve You best to Our knowledge, to periodically review such information and to update such information as and when necessary. Swakaya reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the Website according to its internal record retention and/or destruction policies. You might be contacted via email to review the information provided by You for Swakaya’s record or for the Services. Please make sure You provide a valid email-id and You update it as and when needed.
- the type of information collected from Users, including sensitive personal data or information;
- the purpose, means and modes of usage of such information; and
- how and to whom Swakaya will disclose such information.
- the fact that the information is being collected;
- the purpose for which the information is being collected;
- the intended recipients of the information;
- the name and address of the agency that is collecting the information and the agency that will retain the information; and
- the various rights available to such Users in respect of such information.
Swakaya shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the Users to Swakaya or any other person acting on behalf of Swakaya.
The Users are responsible for maintaining the confidentiality of the Users’ account access information and password. The Users shall be responsible for all uses of the Users’ account and password, whether or not authorized by the Users. The Users shall immediately notify Swakaya of any actual or suspected unauthorized use of the Users’ account or password.
If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Swakaya has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Swakaya shall have the right to suspend or terminate such account at its sole discretion.
Payment, Fees and Taxes:
Registration on the Website and the access to the information provided on the Website is free. Swakaya does not charge any fee for accessing, browsing and buying through the Website.
Each User / Third Party Service Providers are solely responsible for payment of all taxes, legal compliances, statutory registrations and reporting. Swakaya is in no way responsible for any of the taxes except for its own income tax.
The fees for the Services, if any charged by Swakaya, could be paid online through the facility made on the Website. Third parties support and services are required to process online fee payment. Swakaya is not responsible for any loss or damage caused to User/ Third Party Service Providers during this process as these third parties are beyond the control of Swakaya. The fees could also be paid offline and be either collected personally from the User/ Third Party Service Providers or required to be mailed to Swakaya at the following address of its Corporate office at Kalpataru Garden, Ground Floor, F.P No 239, 9A Boat Club Road, Next to HDFC Bank, Pune- 411001.
All fees are exclusive of applicable taxes.
Swakaya reserves the right to modify the fee structure by providing on the Website which shall be considered as valid and agreed communication.
Available payment methods: Wallets, as updated from time to time. All debit and credit cards. Cash on delivery for offline payments.
Applicable payment charges: No charges levied.
Each Covenanter undertakes that it shall not do any act or post, display, upload, modify, publish, transmit, update or share any information that –
- belongs to another person and to which the such Covenanter does not have any right;
- is grossly harmful, insulting or harassing on the basis of gender, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy including bodily privacy, hateful, racially or ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;
- infringes any patent, trademark, copyright or other proprietary rights;
- violates any law for the time being in force;
- impersonates another person;
- is harmful to child;
- deceives or misleads the addressee about the origin of such messages or knowingly and intentionally communicates any information that is patently false or misleading in nature but may reasonably be perceived as a fact;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
- is prohibited under applicable law(s) for the time being in force including Drugs Act read with the Drugs Rules, the Drugs and Magic Act, the Indian Penal Code, 1860, as amended from time to time and rules made there under;
- is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person; and
- threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
You are also prohibited from:
- violating or attempting to violate the integrity or security of the Website or any Swakaya Content;
- transmitting any information (including job posts, messages and hyperlinks) on or through the Website that is disruptive or competitive to the provision of Services by Swakaya;
- intentionally submitting on the Website any incomplete, false or inaccurate information;
- making any unsolicited communications to other Covenanters;
- using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website;
- attempting to decipher, decompile, disassemble or reverse engineer any part of the Website;
- copying or duplicating in any manner any of the Swakaya Content or other information available from the Website; and
- framing or hotlinking or deeplinking any Swakaya Content.
The Other Parties shall not hold Swakaya responsible or liable in any way for any disclosures by Swakaya under Regulation 6 of the SPI Rules.
The Services provided by Swakaya or any of its licensors or providers or Third Party Service Providers are provided ‘as is’, as available, 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). Swakaya does not provide or make any representations, warranties or guarantees, express or implied about the Website or the Services. Swakaya does not verify any content or information provided by the Other Parties on the Website and to the fullest extent permitted by applicable law(s), disclaims all liability arising out of the Other Parties’ use or reliance upon the Website, the Services, the Swakaya Content, Third Party Contents, representations and warranties made by the Other Parties on the Website or any loss arising out of the manner in which the Services have been rendered.
The Website may be linked to the website of third parties, affiliates and business partners. Swakaya has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through the Website. Inclusion of any link on the Website does not imply that Swakaya endorses the linked website. Other Parties may use the links and these services at their own risk.
Swakaya shall not be responsible for the mishaps/missed services due to no service/no show from the Other Parties; Swakaya shall not be responsible for any error in any of the services being provided by the Third Party Service Providers.
Users accept and acknowledge that Swakaya does not provide any representation or give any guarantee or warranty (whether express or implied, or whether arising by virtue of a statue or otherwise in law or from a course of dealing or usage or trade) in relation to the goods/ products and services made available on its Website by Third Party Service Providers, including any guarantee or warrantee that such goods/ products (i) are merchantable; (ii) fit for the purpose of which they are to be (or have been) purchased;(iii) have accurate description; (iv) do not cause any infringement; and (v) that the Third Party Service Providers have legal title over the goods/products being offered for sale by them on the Website. Swakaya also does not provide any representation or give any guarantee or warranty (whether express or implied) about the Website or any of the Services offered or services offered or provided by the Third Party Service Providers.
The Other Parties further accept and acknowledge that Swakaya does not verify any content or information provided by either the Users or the Third Party Services/ or obtained from the Users or the Third Party Service Providers, and to fullest extent permitted by applicable law(s), disclaims all liability arising out of the Other Parties’ use or reliance upon the Website, the Services, the Swakaya Content, Third Party Content, representations and warranties made by the Other Parties on the Website or any opinion or suggestion given or expressed by Swakaya or any Third Party Service Providers in relation to any Services provided by Swakaya.
Swakaya assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect Other Parties’ equipment on account of the Other Parties’ 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 any of the Other Party is dissatisfied with the Website, the sole remedy of such Other Party(s) is to discontinue using the Website.
The listing of Third Party Service Providers on the Website is based on numerous factors including Users comments and feedbacks. In no event shall the Protected Entities (as defined herein below) be liable or responsible for the listing order of Third Party Service Providers on the Website.
To the maximum extent permitted by applicable law(s), Swakaya, its affiliates, independent contractors, service providers, consultants, licensors, agents, and representatives, and each of their respective directors, officers or employees (“Protected Entities”), shall not be liable for any direct, indirect, special, incidental, punitive, exemplary or consequential damages, or any other damages of any kind, arising from, or directly or indirectly related to, (i) the use of, or the inability to use, the Website or the content, materials and functions related thereto; (ii) User’s provision of information via the Website; even if such Protected Entity has been advised of the possibility of such damages.
In no event shall the Protected Entities be liable for, or in connection with, (i) the provision of, or failure to provide, all or any products or service by a Third Party Service Provider to any User; or (ii) any comments or feedback given by any of the Users in relation to the goods or services provided by any Third Party Service Providers; or (ii) any content posted, transmitted, exchanged or received by or on behalf of any User, Third Party Service Providers or other person on or through the Website.
Swakaya disclaims any liability in relation to the validity of the medical advice provided by the Medical Experts and the validity and legality of the e-prescription for dispensation of medicines and conduct of diagnostic tests. All liabilities arising out of any wrong diagnosis of medical condition by the Medical Experts and/ or arising from the e-prescription will be of the concerned Medical Expert. Further, all liabilities arising out of any wrong diagnosis report by the Third Party Labs and/ or arising from the wrong dispensation of the Pharmaceutical Goods and Services will be of the concerned Third Party Labs or the Third Party Service Providers as the case may be.
The Users may share their previous medical history during interaction with the Medical Experts. The Users undertake to share such information at their own risk. Swakaya reserves the right to retain such information for the purpose of providing Services to the Users.
With respect to the Consultation Services, after selection of the type of treatment viz. Homeopathy, Allopathy or Ayurveda along with the specification of the disease by the patient, Swakaya will decide the Medical Expert to whom the query should be directed based on the information shared by the User. However, in no event the Protected Entities shall be held liable for the losses attributable to such decision making and in no event shall the Protected Entities be liable for any Consultation provided and/or e-prescription issued by the Medical Expert by using the interface of online medical consultancy.
The Users acknowledge that the Protected Entities merely act in the capacity of facilitators between the Other Parties by providing a platform for them to interact and transact. In no event shall the Protected Entities be held liable for any of the losses attributable to Services offered through the Website.
In no event shall the Protected Entities be liable for failure on the part of the Users or Third Party Service Providers to provide agreed services or to make himself/herself available at the appointed time, cancellation or rescheduling of appointments. In no event shall the Protected Entities be liable for any comments or feedback given by any of the Users in relation to the services provided by a Third Party Service Providers.
Modification of Website
Swakaya reserves the right to modify or discontinue, temporarily or permanently, the Website or any features or portions thereof without prior notice. Other Parties agree that Swakaya will not be liable for any modification, suspension or discontinuance of the Website or any other part thereof.
Intellectual property rights
All the intellectual property used on the Website except those which have been identified as the intellectual properties of the Other Parties shall remain the exclusive property of the Company. The Other Parties agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any materials or enforce limitations on use of the Website or the materials therein. The materials on the Website or otherwise may not be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted or transmitted in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording or other means.
Compliance of Applicable Law
While communicating/ transacting with each other through the Website, the Other Parties shall at all times ensure full compliance with the applicable provisions of the Contract Act, IT Act, IG Guidelines, Drugs Act read with the Drug Rules, Drugs and Magic Act, The Indian Medical Council Act, 1956 read with the Indian Medical Council Rules, 1957, Pharmacy Act, Consumer Protection Act, 1986, SPI Rules, etc (“Captioned Laws”). as well as all other laws for the time being in force, and ensure due payment of applicable taxes.
- not accessing the Website; or
- closing their accounts for all of the Services that they use.
- Swakaya is unable to verify or authenticate any information provided to Swakaya by Other Party(s); or
- Swakaya believes, in its sole discretion, that Other Party(s) actions may cause legal liability for Swakaya (or any of its affiliates, independent contractors, service providers, consultants, licensors, agents, and representatives) or are contrary to the interests of the Website; or
- Swakaya is required to do so by law; or
- if Other Party(s) fail to provide (or after providing such consent, later revoke) the consents necessary or desirable for Swakaya to provide the Services to the Other Party(s); or
- The provision of the Services to the Other Party(s), or to the general public, is in Swakaya’s opinion, no longer commercially viable; or
- Swakaya has elected to discontinue, with or without reason, access to the Website or the Services (or any part thereof).
Swakaya may also terminate or suspend (temporarily or permanently) all or a portion of Other Party(s) account or access to the Services, with or without reason. Except as may be set forth in any of the terms applicable to a particular Service, termination of Other Party(s) account may include: (i) removal of access to all offerings within the Website or with respect to the Services; and (ii) barring Other Party(s) from further use or access of the Website or of any of the Services.
Once terminated or suspended (temporarily or permanently), Other Party(s) may not continue to use the Website under the same account, a different account or re-register under a new account.
The right to terminate/ suspend the account is in addition to, and without prejudice to, Swakaya’s right to initiate action against the Other Party(s), in accordance with applicable law.
Governing Law and Dispute Resolution
Even after termination, certain obligations mentioned under Covenants, Liability, Indemnity, Intellectual Property, Dispute Resolution will continue and survive termination.