Terms of Use - Qurbook

QurBook TERMS OF USE

Welcome to digital health record platform of QurHealth Solutions India Private Limited (QSIPL), an authorized licensee in the territory of India of QurHealth which is incorporated as QurHealth Inc. and a part of Ventech Solutions, USA. The QUR Suite Service are provided by QSIPL, located at Plot No. A-2, First Cross Road SIPCOT IT Park, Siruseri, Chennai – 603103, Tamil Nadu. All references to QurHealth (as well as “QSIPL” “Company”, “we”, “us” and “our”) include Ventech Solutions and its subsidiaries or affiliates involved in providing the QurBook Service. All Users (defined below in Section 1.18) of this QurBook Mobile App, website and/or QurBook Portal (“QurBook Application“), and all related products and services made available through the QurBook Application (collectively, the “QurBook Service” or the “QurBook Services“), are subject to the following terms and conditions of use (these ” Terms of Use “or” Terms“). Please read these Terms of Use and privacy policy available at www.qurhealth.com carefully before accessing or using any part of the Service. By accessing, browsing, uploading, submitting and downloading information, and/or using the QurBook Service, User agrees that User has read, understood, and agrees to be bound by these Terms of Use, as amended from time to time, and to comply with all Applicable Laws including, without limitation, all state, and regulations, and/or directives, and agree to be bound by the Privacy Policy of QSIPL, which is hereby incorporated into these Terms of Use. If User does not wish to agree to these Terms of Use and/or the QSIPL Privacy Policy, User must not access or use any part of the QurBook Service.

The Information provided in the QurBook Application are provided solely for the purposes of (i) enabling QSIPL to provide the QUR Suite Service including QurBook Services and (ii) communication between the User and QSIPL. The information provided is intended to be general in nature and does not necessarily address all the terms, exclusions, and conditions applicable to our QUR Suite Service including QurBook Services.

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000 (together with any statutory amendments or modifications thereof). This electronic record is generated by a computer system and does not require any physical or digital signatures.

By using the QurBook Application, You represent and warrant that:

You are at least 18 years old;
You have the lawful authority and capacity to contract and be bound by these Terms;
If You are accepting these Terms on behalf of a company, limited liability partnership or any other legal entity, You have the authority to bind such entity to these Terms and, in such event, “You” and “Your” as used in these Terms shall refer to such entity;
You will comply with all applicable laws and regulations; and
You are availing the QUR Suite Service within the Territory.

We do not warrant the accuracy, completeness, or usefulness of this information at any particular time. Any reliance the User places on such information is strictly at User’s own risk. QSIPL disclaims all liability and responsibility arising from any reliance placed on such content by User or any other user of our QUR Suite Service, or by anyone who may informed of any of its contents.

These Terms are published in compliance of and is governed by the provisions of Indian laws, including but not limited to the following (“Applicable Laws“):

the Indian Contract Act, 1872;
the (Indian) Information Technology Act, 2000 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;
The (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011;
Telemedicine Practice Guidelines dated 25th March, 2020 and National Medical Commission Act, 2019; and
National Digital Health Blueprint;

DEFINITIONS
1. Aggregate Data is patient de-identified Digital Health Record Data stored in the data lake of the QurBook Application, which is a centralized repository that stores and generates all structured and unstructured data within the Territory at any scale.
  1. That has no information such as names or other personal identifiers that identifies any individual or Services User, and
  2. That is grouped with other de-identified Digital Health Record Data so that it does not connect to an individual User.
2. Application shall mean all applications falling under QUR Suite of the Company.
3. Authorized Representative is an individual who is authorized to access and manage QurBook Services on behalf of a User, Dependent and, in most cases, would include a parent of the Dependent, children of the Dependant, guardian or other legal representative.
4. Consultants shall mean healthcare professionals as listed on the QurBook Application from time to time.
5. Dependent would be a minor child or other individuals who have limitation in accessing a digital record and is legally represented by the Authorized Representative./li>
6. Digital Health Record Data is any information of the User that is stored and generated in the Territory in the QurBook Application. It includes, but is not limited to:
  1. User’s name and contact information, such as address, phone number, and email address including Personal Information;
  2. User’s patient id, medical history, medications, conditions, and treatments;
  3. insurance, bills and claims related to User healthcare;
  4. Demographic information of the User including age, gender, occupation, and ethnicity; and
  5. Computer information, including the User’s IP address and “cookie” preferences
7. Excluded Events means Scheduled Downtime and Force Majeure Events
8. QUR Suite Services shall mean and include the QurPro Application, QurBook Application, QurPlus Application and all other services that the Company may provide on its Application
9. Force Majeure Event means any and all events beyond Company’s direct fault and control including, without limitation, acts of God, strikes, lockouts, riots, war, terrorism or other civil disturbance, earthquakes, weather, fires, explosions, epidemic, pandemic, disruptions of communications and other essential services, labor stoppages, computer viruses and malicious attacks;
10. Licensors shall mean the licensor of the Application being QSIPL which is a part of Ventech Solutions, USA
11. QurBook Service/Services shall mean and include the Services as set out in Clause 2.1.
12. Personal Information. Personal Information is any information that identifies an individual from a larger group of individuals. Personal Information is inclusive of, but not limited to, the following categories:
  1. Contact Data (such as Your e-mail address, phone number and account password);
  2. Demographic Data (such as your gender, Your date of birth and your zip code);
  3. Insurance Data (such as Your insurance carrier and insurance plan);
  4. Medical Data (such as Your allergies, prescriptions, medication history lab report, previous doctors and dentists visited, your reason for visit and other medical information you choose to share with us);
  5. Data regarding Your usage of the QurBook Application and history of the appointments and other transactions made by or with You through the use of the QurBook Application; and
  6. Details of Mode of Payment (such as your card/account number and expiration date of the card).
  Please note that the above list is not an exhaustive list and is only an illustrative list and is without prejudice to Our right to seek further Personal Information, as may be required for the provision of the QurBook Services to You.
13. Provideror Healthcare Provider. A Healthcare Provider such as a hospital or care provider facility or an individual care provider that is authorized to access the Application. When User signs up for QSIPL Services, the User is providing authorization to QSIPL associated Healthcare Providers to access Personal Information stored on Application.
14. Scheduled Downtime means downtime that is scheduled by the Company from time to time for the maintenance of the QurBook Application and as intimated by the Company on the QurBook Application from time to time.
15. Service Provider would mean and include data storage or software providers, essentially business entities that are hired to perform certain functions for QSIPL in order to support and enhance its implementation, development, and maintenance of the QurBook Services including the QUR Suite Service and/or the QurBook Application.
16. Territory shall mean the whole of India.
17. Upgrades shall mean those subsequent releases of the QurBook Application and/or QurBook Services which are generally made available to Users of the QurBook Application and/or QurBook Services, as part of maintenance & support services at no additional charge.
18. User The end-user including any Authorized Representative (hereinafter be referred to as “You”, “Your” as applicable) of some of the products and Services offered under QSIPL, especially the Digital Health Record Data Services. The User provides Personal Information along with other information that would constitute the Digital Health Record Data to be used in healthcare research and management within the Territory by QSIPL.
SERVICES ON THE QurBook APPLICATION:
1. Everything offered on the QurBook Application, including but not limited to the below listed products and services, are collectively referred to in these Terms as the “QurBook Services”:
  1. Registration of Users on the QurBook Application;
  2. Facilitation of:
    - a platform to connect Users and the Consultants listed on the QurBook Application by the Company;
    - scheduling appointments with Consultants (1) to provide online healthcare Counselling Sessions between the User and the Consultant and issuance of prescriptions by the Consultant in accordance with these Terms; or (2) for the purpose of availing their services vide the QurBook Application;
    - provision for the recording the User’s history, medical prescriptions and such other similar information;
    - a platform for the Users to store and process their Digital Health Record Data for personal record and to enable the Company to share the same with Consultant chosen by the User in furtherance of other services.
    - Any other services as we may deem fit.
2. Further, we may from time to time add other new services to the QUR Suite Service, substitute a new service for one of the existing QUR Suite Service, or discontinue or suspend one of the existing QUR Suite Service. Any such amendments to the QUR Suite Service will be subject to these Terms as well as any additional terms of use that We may release for those specific QUR Suite Service. You agree that the Company will not be liable to You or any third party for any suspension or discontinuation of any of the QUR Suite Service.
3. We may report to law enforcement authorities any actions that may be illegal, and any reports it receives of any illegal or unlawful conduct. When legally required or at our discretion, we will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this QurBook Application.
USER ACCOUNT
1. You are not obligated to register with the Company in order to simply visit and view the QurBook Application. However, to access and participate in certain Services which are only available to Users who are registered on the QurBook Application, the Users are required to register and create a password protected user account (“User Account”). User should ensure to provide their accurate and complete information when the User register for the Services (“Registration Data“). The Users are responsible for the security of password credentials and for any use of their account. The User is responsible for all activities that occur under his/her account and agrees to notify QSIPL immediately of any unauthorized use of User’s account. QSIPL is not responsible for any loss that User may incur as a result of any unauthorized person using the User Account or Registration Data.
2. By registering and creating Your Account on the QurBook Application, You agree to:
  1. accept all risks of unauthorized access to the Registration Data and any other information You provide on the QurBook Application;
  2. not authorize, assign or otherwise transfer the User Account to any other person or entity;
  3. operate through the User Account and in no event use another User’s account for any purpose or objective; and
  4. be responsible for all activity on Your User Account and to use and operate the same in accordance with Applicable Laws
  5. The User will be responsible for all information uploaded by the User on the QurBook Application and shall be responsible for all information downloaded by the User from the QurBook Application
3. You represent and warrant that:
  1. You are 18 years of age or older, and that You have the right, authority and capacity to use the QurBook Application and the Services available through the QurBook Application;
  2. You commit that any information You provide on the QurBook Application whether written or oral will be accurate and not to omit anything of relevance or importance, which for the avoidance of doubt includes, current and past, medications and conditions
  3. You will maintain and ensure that Your patient information (Personal and Health), is current and correct at the time of any appointment or consultation; and
  4. You will promptly report any side effects of any prescription to an appropriate healthcare provider.
4. By creating an User Account, You expressly consent to the use of: (a) electronic means to accept these Terms and to provide You with any notices given pursuant to these Terms; and (b) electronic records to store information related to these Terms and/or Your use of the Services and the QurBook Application
5. Except for Counselling Sessions (as defined hereunder) which are not recorded, all communications transmitted through the QurBook Application, including without limitation QSIPL’s messaging platform, may be monitored for quality assurance, training and other purposes. By accepting these Terms, You consent to any such monitoring. Similarly, all messages transmitted through QSIPL’s secure messaging platform are saved and become part of Your Account. You agree and understand that the Consultants may maintain all patient records / User records including case history, investigation reports, images, etc. as appropriate while providing telemedicine consultation.
6. You hereby authorize the Company, its employees, agents and others operating on its behalf and Consultants chosen by You for a Counselling Session to use personal and health-related information about You in accordance with the Privacy Policy, including, without limitation, to any Personal Information healthcare history, including Digital Health Record Data uploaded by You on the QurBook Application; current healthcare needs; and other information that is either requested by the QurBook Application, the Consultant, Service Providers or volunteered by You. You have the right to refuse to authorize the use and/or disclosure of your Personal Information. However, if You chose to exercise this right, You may not be able to effectively utilize some features of the QurBook Services.
7. QSIPL will reserve the right to set terms on who is eligible to create and manage an account to use any Services under its QurBook Application. It also reserves the right to reject or revoke any account, at any time without liability. QSIPL also sets terms on who can legally represent the Dependent to use some of its Services on their behalf, which would be Authorized Representatives, and these Authorized Representatives by doing so, certify that they have such authority over their legal Dependents. When the User grants access to Authorized Representatives to use the QurBook Services on their behalf, they grant permission to such Authorized Representatives to perform certain transactions and access information through their account related to QurBook Services. They also permit their authorized Healthcare Provider to make communication to such Authorized Representatives concerning such User’s health status.
USE OF THE QurBook SERVICE
1. Fee:
  1. The Services will be provided on a case-by-case basis and in accordance with a published fee structure available. If there is a change in the fee structure, or if new fees is notified, it will be communicated to User through the fee structure. QSIPL reserves the right to modify the fee structure at any time completely at its sole discretion.
  2. Viewing the QurBook Application and the Services offered thereunder and creating of User Account is free. However, the Company reserves the right, at its sole discretions, to charge fees for any new/modified services that the Company may include in the Services in future on a per-transaction basis or in any other manner. Changes to this fee policy are effective from any subsequent Counselling Session that the User may register on the Application from.
  3. Subject to Clause 4.2, the Users shall be liable to pay a fee for each appointment scheduled and carried out with a Consultant on the QurBook Application (“Counselling Session“) based on the rates as enlisted on the QurBook Application by the Company from time to time (“Service Fee“). The Service Fee shall be exclusive of all taxes and the Users shall be liable to pay all taxes and statutory dues as are applicable in respect of each Counselling Session. Upon Payment of the Service Fee, the Counselling Session with the requested Consultant will be scheduled and the timings of the same will be updated in the User Account.
  4. You agree that Your downloading of the QurBook Application is either through the link shared by the Healthcare Provider or through You directly downloading from the relevant mobile app store. In the event that You seek for an appointment from a consultant apart from the Consultant who had referred the QurBook Application to You, the said Consultant would get notification of Your appointment for another consultant.
  5. The User represents and warrants that (a) any credit information it supplies is true, accurate and complete in all respects and (b) such User shall be responsible to be in compliance of applicable law, including but not limited to payment of applicable taxes. In the event the User commits a breach in respect thereof, QSIPL reserves its right to either suspend the Services with immediate effect or terminate Your access to the QurBook Application.
  6. Upon the completion of payment of the Service Fee, the Company shall (a) issue a confirmation of payment to the User and (b) if by the User, share the relevant details of the User required for the purpose of providing the requisite QurBook Service offered by the Consultant, including but not limited to the name, address, Digital Health Record Data, the confirmation of payment etc., with the said the Consultant.
  7. The Service Fee and other charges payable is due immediately upon generation of a payment request by the QurBook Application and is not refundable under any circumstances whatsoever, other than when a Counselling Session is unable to take place due to a technical error or difficulty which is solely attributable to QSIPL. In case the User does not raise any dispute to a refund claim using QurBook Application features within 30 (thirty) days from the date of the Counselling Session, the User shall not be eligible to raise any such dispute.
  8. The Users and the Consultants agree and acknowledge that QSIPL uses third-party payment processors (“Payment Processors”) for any payments made on the QurBook Application. The processing of all payments will be subject to the terms, conditions and privacy policies of the Payment Processors in addition to these Terms. It is further agreed and acknowledged that neither the Company nor any of its directors, shareholders or other representatives shall be liable to the User and/or Consultants under any circumstances for any direct, indirect, punitive, incidental, special or consequential damages that result from or arise out of use of the Payment Processors.
2. Cancellation Fee: The User agrees and understands that, in the event that a Consultant charges a cancellation fee for his/her Counselling Sessions subject to the Consultant uploading the details of such Service Fee on the Application in advance, failing which the Patient shall be entitled to a full refund of the Consultant Fee. In case the Consultant uploads a cancellation fee then the following policy on cancellation fees shall apply
  1. In the event that the Consultant cancels a Counselling Session at any point of time, the User shall be entitled to 100% refund of the Service Fee payable by the User to the Consultant;
  2. In the event that a User cancels a Counselling Session 24 hours prior to such Counselling Session, the User shall be entitled to 100% refund of the Service Fee payable by the User to the Consultant;
  3. In the event that a User cancels a Counselling Session less than 24 hours , the User shall be subject to a cancellation fee as maybe determined by the Consultant and updated on the Consultant’s profile.
3. By accessing, using or availing certain services, You shall, in addition to being governed by these Terms, be governed by certain additional terms of use specifically applicable to the said Services (“Additional Terms”). These Additional Terms are detailed in Annexure 1 with respect to seeking medical opinion.
4. The QurBook Service will generally be available to You except during Excluded Events.
5. QSIPL grants User a non-exclusive right to access and use the QurBook Services and the data, material, content, or information herein (collectively, the “Content”) solely for User’s personal use.
6. User’s right to access and use the QurBook Services shall be limited to non-commercial purposes unless User is otherwise expressly authorized by QSIPL to use the QurBook Services for commercial purposes. User agrees to use the QurBook Services only for lawful purposes, comply with all rules governing any transactions on and through the Services, and comply with Applicable Law.
COLLECTION OF INFORMATION
1. QSIPL collects Digital Health Record Data from the following and through our Application:
  1. Healthcare Providers within the Territory;
  2. Users within the Territory such as Authorized Representatives; and
  3. Consultants.
NOTIFICATIONS OF ACCOUNT MODIFICATION
1. If there are modifications needed to be included in User Digital Health Record Data within the Territory, then it is the User’s responsibility to communicate to his/her Provider or the relevant third-party of such changes since such modifications may not be directly updated to such Provider or the relevant third party. In some instances, the User may modify his/her Digital Health Record Data within the Territory directly through the QurBook Services.
NOT AN EMERGENCY SERVICE
1. The Services are not intended to replace the relationship with a patient’s doctor. It is a complementary service offering the advantages of convenience and accessibility to a broad range of healthcare services. QSIPL does not currently provide any emergency medical services. Hence it does not qualify as an emergency medical services provider. USERS ARE ADVISED TO CALL THE APPICABLE EMERGENCY HELPLINE NUMBER (i) AS NOTIFIED BY THE GOVERNMENT OR (ii) THE NEAREST MEDICAL FACILITY OR CONCERNED HEALTHCARE PROVIDER IF HE/SHE BELIEVES THAT HE/SHE EXPERIENCES A MEDICAL EMERGENCY OR NEEDS URGENT CARE.
USE OF USER INFORMATION
1. The Personal Information that we collect at QSIPL is processed and shared with authorized organizations/individuals only as permitted by the QSIPL Privacy Policy, QSIPL Terms of Use, and as per Applicable Law. The processes that we use to manage our operations are governed by extensive technologies that enable data security and help prevent any type of unauthorized access and use. These security technologies include, but are not limited to latest encryption technologies accompanied by detailed security workforce training. Further the Company will always use minimum, industry standard technical and organizational security measures to transfer, store, and process Digital Health Record Data. These measures are designed to protect the integrity of Digital Health Record Data and guard against the unauthorized or unlawful access to, use and processing of Digital Health Record Data.
2. We need Your permission to do things like hosting Digital Health Record Data , backing it up, and sharing it when You ask us to. The QurBook Application also provides You with features like photo thumbnails, document previews, easy sorting, sharing and searching. These and other features may require Our systems to access, store and scan Digital Health Record Data. You give Us permission to do those things and this permission extends to our affiliates and trusted third parties we work with.
3. QSIPL uses only User de-identified data to perform research and management operations, and this de-identified data combined with similar de-identified data to create what we term as Aggregate Data and to such an extent You expressly agree and accept to provide us with Your consent to use the Digital Health Record Data in the form of Aggregate Data. This Aggregate Data can be used to bring out various insights related to User Demography, habits, preferences, and usage to discover and generate positive health outcomes through innovative programs, products, and services. QSIPL may also use User’s Digital Health Record Data within the Territory to comply with the law, manage its software and associated platforms, and protect its systems. You expressly provide Your consent to allow us to share the Aggregate Data within the Territory and outside the Territory for the performance of research.
PROVIDER ACCESS
1. As part of these Terms, User may use our Services to communicate with Healthcare Providers and the Consultants. The User may also authorize such Healthcare Providers and/or the Consultants to provide his/her Digital Health Record Data to QSIPL for use in our Operations related to healthcare research and management. In this regard, Users must understand that if and when the User authorizes the Healthcare Provider and/ or the Consultants, then the Consultants, Health Providers and their staff and other authorized Users can use the QUR Suite Service to communicate with him/her and also access his/her Digital Health Record data. In addition, any decision to use the QUR Suite Service in the above said ways is voluntary. Also Healthcare providers and /or the Consultants can use this digital medium to share data with Users to which the Users can either accept to receive data or deny them.
2. QSIPL cannot be held responsible for acts of misuse or misidentification by the Healthcare Providers and/or the Consultants whom the User has given authorization. In such cases, QSIPL’s sole responsibility would be, on further investigation, if proved, to discontinue access to such entities or individuals. In all cases, QSIPL relies on authorized Healthcare Providers to confirm that they meet the relevant criteria to use our QUR Suite Service.
3. QSIPL relies on the User to make appropriate decisions with respect to the authorization of individuals, Consultants and Healthcare Providers. It is not in QSIPL’s obligation to review or assess, perform background checks or do any sort of endorsement to any Healthcare Provider or Authorized Representatives.
4. The User can revoke the permission given to Authorized Representatives, Consultants or Service Providers with respect to communication made through the QurBook Service between User Consultant and/or Provider, sharing of User Digital Health Record Data to the QurBook Service, and accessing of User data through the QurBook Service. However, copies of User Personal Information previously disclosed will remain in use within the QurBook Service, and QSIPL is under no obligation to remove such information from the records stored in QSIPL systems and associated individuals or Provider’s systems.
AUTHORIZED REPRESENTATIVE
1. An Authorized Representative may have authority and/or access to a QSIPL record belonging to a User or Dependent. Using this account, the Authorized Representative can make changes in the information pertaining to that User or Dependent. The Authorized Representative can communicate with the User/Dependent’s Providers with regards to the health status of the User/ Dependent. Such transactions between the Authorized Representative and User/Dependent’s Providers are permitted through the QSIPL Services.
2. Accounts created for Dependents are specific to each health care Provider. The account of the Dependent will be linked to the account of Authorized Representative till one of the following event comes first in time: (a) the Dependent has reached the age of 18, (b) QSIPL is notified by the concerned Provider, or a court of law or agency with appropriate authority that the Dependent has been emancipated or attained legal custody of his/her own health information, or (c) such authority over the Dependent has been transferred to another Authorized Representative.
3. Each of the Authorized Representatives understands the Dependent’s QSIPL account may be possibly linked to other Authorized Representatives of the Dependent and that each of these Authorized Representatives enjoys the same rights and access to QSIPL account of the Dependent. Each of the Authorized Representatives agrees to acknowledge that if in case of any changes in the relationship between the Authorized Representative and the Dependent, which possibly led to a disqualification of the Authorized Representative to represent the Dependent, then it is in the disposal/duty of the concerned Authorized Representative to inform/advise the Dependent’s Providers of the same. QSIPL cannot be held liable for such disqualification on the grounds attributable to the Authorized Representative.
THIRD-PARTY CONTENT & SERVICES
1. There will be the availability of third party services within the Services of QSIPL. These third parties would include, in most cases Healthcare Providers, Consultants, or other entities. QSIPL may integrate User’s Digital Health Record Data with third party digital health records. Users should inform QSIPL if in cases of wanting the third-party provider to use, provide, retrieve and/or modify their Digital Health Record Data. Once a User gives the required authorization to a third-party provider to use/manage their account, until and unless the User disables the said access, the third-party provider will continue to access the User’s account. In all regards, the User is solely responsible for the review and approval of such third parties before the sharing, and the subsequent access of Digital Health Record Data by third-party provider commences. Anytime QSIPL adds or enables service, and a User decides to use it, then the User has given the authorization and consent to share their Personal Information with all the authorized third party providers.
2. Third-party content and services are not under the control of QSIPL, and QSIPL is not responsible for the contents of any third-party content or services. QSIPL does not make any representations or warranties concerning their service quality or accuracy. QSIPL does not endorse any third-party Service Providers, products, services, opinions, or websites accessed through or using the QUR Suite Service of QSIPL. QSIPL is not responsible if third-party content or services are not working correctly, or for any viruses, malware, or other harms resulting from User’s use of third party content or services. QSIPL is providing these third-party services to User only as a convenience, and the inclusion of any third-party content or services does not imply endorsement by QSIPL of the service or content or any association with its operators. USE OF THIRD-PARTY SERVICES AND RELIANCE ON THEIR CONTENT IS SOLELY AT USER’S OWN RISK. QSIPL SHALL NOT BE HELD LIABLE FOR ANY DAMAGES ARISING OUT OF OR RELATED TO USER’S USE OF ANY THIRD-PARTY SERVICE OR CONTENT.
NO MEDICAL ADVICE
1. The User hereby agrees to acknowledge that the QurBook Service does not provide medical advice as such and therefore will not substitute the professional judgment given by Healthcare Providers or the Consultants. QSIPL and its associated services and products will not assume any responsibility towards the accuracy, timeliness or the completeness of the Personal Information pertaining to User and hence cannot acknowledge any medical reliance sought by the Healthcare Provider, the Consultant or the User on the Digital Health Record Data and other such services provided by QSIPL.
PRESCRIPTIONS
1. QSIPL and its associated services are not responsible for any inaccuracies that might be in prescriptions, medications, methods of medications, and other health-related documents provided to the User by the Consultants or the Healthcare Provider. There will be provisions given to the User within the service to renew or request a renewal of prescriptions from Consultants/ Healthcare Providers. It is on the User’s disposal to verify that the obtained prescription is towards intended medication, review all instructions and labels, and contact Consultants/Healthcare Providers for any concerns or questions related to the medication.
2. Further the User agrees and undertakes that, the Company shall not be liable for any errors in any e-prescriptions prescribed by the Consultants nor be liable for any such claims made by the User or such third party regarding such prescriptions.
QSIPL PROPRIETARY RIGHTS
1. All proprietary rights of the QUR Suite Service and all Content and Technology related to QSIPL, with the exclusion of User personal data pertaining to the Digital Health Record Data and the QurBook Application/QurBook Services, is owned by Ventech solutions and its licensors, and are protected by copyrights, trademarks, or are subject to other proprietary rights. QSIPL grants a personal, revocable, non-assignable, and non-exclusive license to the User to use the QurBook Application/QurBook Services in accordance with the QurBook Terms of Use. User is not permitted to use the QurBook Application/QurBook Services or Content in any manner, except as expressly permitted by QSIPL in these Terms of Use. Unless a prior written consent is provided by QSIPL, User must not publicly display or perform, store, transmit, republish or distribute, copy, modify or create derivatives of any proprietary material belonging to the Services of QSIPL. Unless explicitly expressed, a User cannot claim right, title, or license to any of the services provided by QSIPL. QSIPL reserves the right to prevent access should the User be using the QurBook Application/QurBook Services with an incompatible or unauthorized device
2. User Content. Any content, data information including the Digital Health Record Data that Users creates uploads, or owns or to which Users have a license and use on the QurBook Application/QurBook Service is ” User Content“. In sharing User Content on the QurBook Services and on the QurBook Application, User warrants and represents User has the legal right to use User Content and grant the Company an irrevocable, royalty-free, worldwide, non-exclusive license to use User Content in providing any services as described in these Terms and in any posted policies on the QurBook Application/QurBook Services. The QurBook Application/QurBook Services may also provide User with features like photo thumbnails, previews, easy sorting, editing, sharing, creating templates, and searching. These and other features may require QSIPL systems to access, store, and scan User Content. User may also be able to share User Content with others, therefore the User shall be responsible and diligent on the nature of User Content that he/she shares on the QurBook Application.
3. User acknowledges and agrees that User is solely responsible for complying with the applicable restrictions on the use of all content, copyrighted materials, and trademarks that User sees, hears and uses on the Services. The User understands that any unauthorized use of such intellectual property would result in irreparable injury for which money damages would be inadequate. The User further acknowledges that, in the event of any such unauthorized use, QSIPL or the applicable intellectual property owner will have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief to prevent any such unauthorized use.
4. Questions regarding the use of any intellectual property provided on the QurBook Services should be directed to info@qurhealth.in.
RESTRICTIONS ON USE
1. The User agrees that his/her use of the QurBook Application/QurBook Service, submitting content to the Service, accessing the content from/through the QurBook Service should not violate the Applicable Laws applicable, regulations, and ordinances, including any laws with respect to the export of software and data.
2. User specifically agrees not to commit the following:
  (a) Use any device, software or routine that disturbs the normal, usual, proper working of the QurBook Service, (b)Intercept or attempt in any way to intercept emails or messages not intended to User, (c) Take any action that causes a disproportionately or otherwise unreasonably large load on QSIPL’s infrastructure and/or networks, (d) Causing reload, or refresh transactional pages, or make any sort of request to transactional servers, more than once during any three second interval, (e) Upload to or transmit through the QurBook Service or using the QurBook Service any obscene, indecent, inappropriate, violent, any sort of objectionable content or material, (f) Use the QurBook Service or transmit through the QurBook Service any sort of content/material that violates the copyrights of any individual or organisation, (g) use the QurBook Service to violate the laws of any jurisdiction or violate the legal rights of others including but not limited to rights to privacy and rights to publicity, (h) Upload to or transmit through the QurBook Service, or using the QurBook Service any business solicitations or advertisements, (i) causing inhibition or disruption to the use of the QurBook Service by others including but not limited to disturbing the normal flow of dialogue, causing the screen to scroll faster in a way other Users are not able to type, acting in ways that affects/disrupts the real time activities of the Users, (j) Upload or transmit files using the QurBook Application and/or the QurBook Service and/or through the QurBook Application and/or the QurBook Service, that contain corrupted data such as virus or malware, (k) collect information about others including but not limited to email addresses without the respective person’s consent, (l) download or include any sort of software, files or links in the message that the User knows or have reason to believe, cannot be legally distributed through or over the QurBook Application or the QurBook Service or that the User have a contractual obligation to keep the supposed software or file or material or content confidential (notwithstanding its availability on the QurBook Service), (m) Engage in Spamming or in other similar activities, illegal activities of any sort or discuss a motive/intent to commit such illegal acts, (n) falsify or delete any author attributions, labels of the origin or any software source, any legal or other proper or official notices, and proprietary designations, (o) access the QurBook Application and /or QurBook Service by way of interfaces not provided by the QUR Suite Service, (p) create, transmit or display any information including but not limited to health, that the User does not own or possess the right to use, (q) engage in ways that limits, or restricts or disrupts anyone’s access or use of the QurBook Service, (r) engage in ways that causes harm to QSIPL and its Users and might expose them to any sort of liability, (s)disobey any policy or regulations including but not limited to any code of conduct among other guidelines established from time to time regarding the use of this QurBook Service or any networks connected to the QurBook Service, (t) misrepresent an affiliation with any individuals or organisation, (u) post hyperlinks to sites in messages sent using the QurBook Service or through the QUR Suite Service the contents of which could fall in any of the description set forth in this section (v) not copy, modify, adapt, translate, or reverse engineer any portion of the QurBook Application, its content or materials and/or the QUR Suite Service. You will not use the QurBook Application to develop, or to assist anyone in developing a competitive platform, service or for other competitive purposes.
TERMINATION
1. These Terms will continue to apply until terminated by either You or Us as set forth below.
  1. Termination by You: If You wish not to be bound by these Terms, You may terminate your relationship with Us by (i) intimating to us in writing of such intention of termination (ii) not accessing the QurBook Application; and/or (iii) deactivating/unsubscribing Your Accounts (if any). Upon any termination by You, your account/ Consultant profile, as applicable will no longer be acces Any cancellation request shall be in writing and addressed to support@qurhealth.in, which will be handled within 30 days of receipt of such a request by the Company.
  2. Termination by Us: The Company may at its discretion and at any time with or without notice, terminate or suspend the Terms, with or without cause if:
    - You breach any of the provisions of the Terms, the Privacy Policyor any other terms, conditions, or policies that may be applicable to You;
    - The Company has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such End User;
    - A third party reports violation of any of its right as a result of Your use of the Services
    - The Company is required to do so in accordance with Applicable Law; or
    - The Company has elected to discontinue, with or without reason, access to the QurBook Application (or any part thereof) either in general or specifically to you.
2. The Company shall not be liable to You or any third party for any such termination.
3. Consequences of Termination:
  1. Once Your Account has been deactivated/unsubscribed, the User will still have access to their QSIPL account. QSIPL will restrict access to a User’s account (a) within thirty days of receipt of that User’s death certificate or (b) within 30 (thirty) days of termination pursuant to Clause 16.2 above. If in case of a Dependent whose account is managed by an Authorized Representative, QSIPL will restrict access to accounts managed by an Authorized Representative within thirty days of receipt of that Authorized Representative’ Death certificate.
  2. Upon the deactivation of the account or once the access to the account is restricted on termination, , we will maintain the Digital Health Record Data per Applicable Laws and our current policies and if required maintain the same in the form of Aggregate Data in accordance with Applicable Laws.
  3. QSIPL cannot assume any liability for any removal of any information from its QUR Suite Service. User is solely responsible for maintaining their own copies of Personal information and their Digital Health Record Data.
  4. The licences granted to You in terms of these Terms shall stand terminated effective immediately.
  5. Any suspension, termination, or cancellation will not affect Your obligations to the Company under these Terms which by their nature are intended to survive such suspension, termination, or cancellation. For example, but not by way of limitation, upon any such suspension, termination, or cancellation the provisions of Section 14 (QSIPL Proprietary Rights), Section 18 (Disclaimer and Exclusion of Warranties), Section 19 (Limitation of Liability and Indemnity) and Section 20 (Governing Law) shall survive and remain in full force and effect
CHANGES TO THE TERMS OF USE
1. We may update this Terms of Use from time to time. The updated version will be indicated by an updated “Revised ” date, and the updated version will be effective as soon as it is accessible. The Company reserves the right to modify these Terms of Use in any manner, from time to time, entirely at its own discretion, with or without any notification to you. The Company shall be under no obligation to notify or intimate the implementation of any modifications to the Terms of Use at any time. You are responsible for checking the Terms of Use periodically to remain in compliance with these terms at all times. Your access to and use of The Application after any amendment to the Terms of Use shall constitute your deemed acceptance of such modified terms. We encourage you to review this Terms of Use frequently to be informed of how we are protecting your information.
DISCLAIMER AND EXCLUSION OF WARRANTIES
1. THE QurBook APPLICATION AND THE QurBook SERVICE IS PROVIDED ON AN “AS IS ” AND “AS AVAILABLE ” BASIS. NEITHER QSIPL NOR ANY OF QSIPL’S LICENSORS, CONSULTANTS OR SERVICE PROVIDERS MAKES ANY EXPRESS WARRANTIES, AND EACH OF THEM DISCLAIMS ALL IMPLIED WARRANTIES WITH RESPECT TO THE QurBook SERVICE, INCLUDING IMPLIED WARRANTIES OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NEITHER QSIPL NOR ANY OF QSIPL’S LICENSORS, CONSULTANTS OR SERVICE PROVIDERS MAKES ANY WARRANTY THAT THE CONTENT IN THE QurBook SERVICE OR ANY QUR SUITE SERVICE SATISFIES GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS. CONTENT IN THE QurBook SERVICE OR ANY QUR SUITE SERVICE IS DEVELOPED FOR USE IN INDIA,. NOTWITHSTANDING ANY PROVISION CONTAINED HEREIN TO THE CONTRARY, QSIPL AND ITS THIRD-PARTY LICENSORS INCLUDING CONSULTANTS MAKE NO REPRESENTATION, WARRANTY OR COVENANT CONCERNING THE ACCURACY, QUALITY, SUITABILITY, COMPLETENESS, SEQUENCE, TIMELINESS, SECURITY OR AVAILABILITY OF THE QUR SERVICE OR ANY QUR SUITE SERVICE OR ANY CONTENT POSTED ON OR OTHERWISE ACCESSIBLE VIA THE QUR SERVICE OR IN ANY QUR SUITE SERVICE. USER SPECIFICALLY ACKNOWLEDGES THAT
2. QSIPL AND ITS THIRD-PARTY LICENSORS INCLUDING THE SERVICE PROVIDERS AND CONSULTANTS ARE NOT LIABLE FOR THE DEFAMATORY, OBSCENE OR UNLAWFUL CONDUCT OF OTHER THIRD PARTIES OR USERS OF THE QUR SERVICE OR ANY QUR SUITE SERVICE AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER. NEITHER QSIPL NOR ANY OF ITS THIRD-PARTY LICENSORS INCLUDING THE SERVICE PROVIDERS AND CONSULTANTS REPRESENT, WARRANT OR COVENANT THAT the QUR SERVICE OR ANY QUR SUITE SERVICE WILL BE SECURE, UNINTERRUPTED OR ERROR-FREE. QSIPL FURTHER MAKES NO WARRANTY THAT THE SERVICES WILL BE FREE OF VIRUSES, WORMS OR TROJAN HORSES OR THAT IT WILL FUNCTION OR OPERATE IN CONJUNCTION WITH ANY OTHER PRODUCT OR SOFTWARE. USER EXPRESSLY AGREES THAT USE OF THE SERVICES IS AT USER’S SOLE RISK AND THAT QSIPL, ITS AFFILIATES AND THEIR THIRD-PARTY LICENSORS INCLUDING THE SERVICE PROVIDERS AND CONSULTANTS SHALL NOT BE RESPONSIBLE FOR ANY TERMINATION, INTERRUPTION OF QUR SERVICE OR ANY QUR SUITE SERVICE, DELAYS, ERRORS, FAILURES OF PERFORMANCE, DEFECTS, LINE FAILURES, OR OMISSIONS ASSOCIATED WITH THE QUR SERVICE OR ANY QUR SUITE SERVICE OR USER’S USE THEREOF. USER’S SOLE REMEDY AGAINST QSIPL FOR DISSATISFACTION WITH THE QUR SERVICE OR ANY QUR SUITE SERVICE OR THE CONTENT IS TO CEASE USE OF THE SERVICES AND/OR THE CONTENT.
LIMITATION OF LIABILITY AND INDEMNITY
1. NEITHER QSIPL NOR ANY OF ITS LICENSORS OR SERVICE PROVIDERS OR CONSULTANTS MAY BE HELD LIABLE UNDER THIS AGREEMENT FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH USE OF, OR INABILITY TO USE, THE QurBook SERVICE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, WRONGFUL DEATH, LOST PROFITS OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN QurBook SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN QurBook SERVICE, WHETHER OR NOT THERE IS NEGLIGENCE BY QSIPL, THE SERVICE PROVIDERS OR THE CONSULTANTS AND WHETHER OR NOT QSIPL HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. NEITHER QSIPL NOR ANY OF ITS LICENSORS OR SERVICE PROVIDERS MAY BE HELD LIABLE UNDER THIS AGREEMENT FOR MORE THAN THE SERVICE FEE PAID BY THE USER FOR THE PARTICULAR COUNSELLING SESSION BY ACCESSING THE QUR SERVICE OR ANY QUR SUITE SERVICE SUBJECT TO THESE TERMS OF USE, USER UNDERSTANDS THAT USER IS WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED,
2. User agrees to defend, indemnify and hold harmless QSIPL and its affiliates, licensors, Consultants and/or Service Providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to User’s violation of these Terms or their use of the QurBook Services or any QUR Suite Service, including, but not limited to, any use of the QurBook Services the User Content provided on the QurBook Application, or products other than as expressly authorized in these Terms or User’s use of any information obtained from the QurBook Services or any QUR Suite Service.
GOVERNING LAW
1. These Terms of Use are governed by the laws of India. The Courts in Chennai shall have exclusive jurisdiction for any dispute relating to the QurBook Service. Nothing in this agreement limits either party’s ability to seek equitable relief.
TERMS AND LIMITATIONS OF THE SERVICES ON MOBILE
1. The “Mobile Features” are the features of the QurBook Services or any QUR Suite Service that Users may use or access through the User’s mobile device/tab (“Mobile“).
2. The Mobile Device carriers may prohibit or restrict certain Mobile Features, and certain Mobile Features may be incompatible with the User’s Mobile Device carrier or Mobile Device. In addition, mobile device carriers may charge Users for standard messaging, data, and other fees to participate in Mobile Features. QSIPL assumes no responsibility or liability for any fees or charges the User incurs when using the Mobile Features. The User is solely responsible for any fees or charges that may apply with respect to the Mobile Features, as well as determining what plans are available and how much they cost.
3. The User acknowledges and agrees that his/her use of the QurBook Application and the QUR Suite Service (including the QurBook Services) is subject to any terms set forth in the terms of service of the third party providing the Mobile Device on which the QurBook Service operates (e.g., Apple iOS/Android).
4. QSIPL expressly disclaims any liability arising from User’s use of the QurBook Application or QUR Suite Service (including the QurBook Services) on an incompatible Mobile Device or in the event that the User downloads the wrong version of the QurBook Services for his/her Mobile Device. QSIPL reserves the right to terminate User’s use of the QurBook Application and/or QurBook Services or any other aspect of the QurBook Services should the User use the QurBook Services with an incompatible or unauthorized device.
ASSIGNMENT:
1. We may assign this contract at any time to any parent, subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of our company to another entity. We will post a notice on the QurBook Application regarding any change of ownership so that you have the opportunity to discontinue Your use of the QurBook Application or cancel your registration if You do not wish to continue to use the QurBook Application and the QurBook Services under the new ownership. You may not assign, transfer or sublicense these Terms to anyone else and any attempt to do so in violation of this section shall be null and void.
Company Contact Information

ANNEXURE 1

SEEKING MEDICAL OPINION

QSIPL is not a Medical Service Provider:
1. QSIPL is purely a platform providing the Users a channel for communication with the Consultants and to enable the Users to seek s medical opinion from Consultants. While the QurBook Application may provide access to certain general healthcare information and may also provide messaging functionality to contact a Consultant through the QurBook Application, QSIPL is neither providing nor guaranteeing the medical advice nor any formal medical diagnosis, treatment or prescriptions provided by the Consultant to the End User. The User agrees, understands and consents that the Consultant may at his discretion and in compliance with these Terms and the Applicable Law, provide medical treatment or prescriptions. The Company shall not be liable for any acts, omissions or any treatment provided by Consultant to the Users.
2. To the extent healthcare advice is provided to You by a Consultant vide the QurBook Application, such healthcare advice is based on Your personal health data, reports and symptoms as provided by You and the local standards of care for Your presenting symptoms without any physical diagnosis. You agree and understand that responses are provided by Your Consultant solely based on the information provided by You and the Consultant and QSIPL will not be liable to You on account of any misdiagnosis or treatment on account of any inaccurate or inadequate information provided by You.
3. The Consultant may at his/her sole discretion accept or deny to provide services to You. The Consultant may determine that online Counselling Sessions are not appropriate for some or all of the User’s healthcare needs, and accordingly may elect not to provide Counselling Sessions to the User through the QurBook Application at the Consultant’s sole discretion. QSIPL will not be liable for any refusal/ denial/ failure by the Consultant to provide services to You.
4. We advise and encourage You to always seek the advice of a licensed physician or other qualified healthcare provider with any questions regarding your personal health or medical conditions based on a physical diagnosis of Your condition. YOU SHOULD ALWAYS TALK TO YOUR MEDICAL PROFESSIONALS FOR DIAGNOSIS AND TREATMENT, INCLUDING INFORMATION REGARDING WHICH DRUGS OR TREATMENT MAY BE APPROPRIATE FOR YOU. NONE OF THE INFORMATION ON THE QurBook APPLICATION REPRESENTS OR WARRANTS THAT ANY PARTICULAR DRUG OR TREATMENT IS SAFE, APPROPRIATE, OR EFFECTIVE FOR YOU.
5. QSIPL IS MERELY A TECHNOLOGY PROVIDER FOR PROVIDING THE SERVICES, INCLUDING FACILITATING ACCESS TO ONLINE HEALTHCARE ADVICE (PROVIDED BY CONSULTANTS) THROUGH THE QurBook APPLICATION. YOUR USE OF INFORMATION PROVIDED ON THE QurBook APPLICATION AND AVAILING OF SERVICES ON THE QurBook APPLICATION IS SOLELY AT YOUR OWN RISK. ALL INFORMATION PROVIDED ON THE QurBook APPLICATION OR IN CONNECTION WITH ANY COMMUNICATIONS SUPPORTED BY QSIPL, INCLUDING, WITHOUT LIMITATION, REAL-TIME VIDEO OR EMAIL OR OTHER COMMUNICATIONS BETWEEN CONSULTANTS UTILIZING THE QurBook APPLICATION AND THE USERS IS INTENDED TO BE FOR GENERAL INFORMATIONAL PURPOSES ONLY. QSIPL DOES NOT AND WILL NOT IN ANY MANNER WHATSOEVER BE INVOLVED IN THE PRACTICE OF MEDICINE OR THE PROVISION OF MEDICAL CARE.
Independence of Consultants:
1. The Consultants featured on the QurBook Application are independent healthcare service professionals and are not employees, agents, consultants, officers or representatives of the Company. Any opinions, advice, or information expressed by a Consultant utilizing or featured on the QurBook Application are solely of the professional. They do not reflect the opinions of the Company or its affiliates. The Company does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the QurBook Application or by a Consultant.
2. The inclusion of Consultants on the QurBook Application does not imply recommendation or endorsement of such Consultant by the Company nor is such information intended as a (i) search tool for identifying doctors/professional available in a specific field of medicine and/or (b) tool for verifying the credentials, qualifications, or abilities of any professional contained therein. The choice of the Consultant is a decision to be undertaken solely by You based on recommendations received by You, by Your Consultant or the Your Healthcare Provider. Any additional information that You require from the Consultant will need to be sought directly by You from the Consultant or through Your independent research. SUCH INFORMATION IS PROVIDED ON AN “AS-IS” BASIS AND THE COMPANY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED. THE COMPANY SHALL IN NO EVENT BE LIABLE TO YOU OR TO ANYONE FOR ANY DECISION MADE OR ACTION TAKEN BY ANY PARTY (INCLUDING, WITHOUT LIMITATION, ANY END USER) IN RELIANCE OF INFORMATION OBTAINED VIDE THE QurBook APPLICATION.
3. The Consultants listed on the QurBook Application are solely and exclusively responsible for the content of their respective profiles and the Company expressly disclaims any and all liability for the content of the profiles, including, without limitation, the accuracy or reliability of any information contained therein.

Last updated: 29 ^th January, 2021