1.1 The website https://patientbook.com/ (hereinafter referred to as “Website”), mobile and web application Patientbook (hereinafter referred to as “Application”), its services, is owned by Clouce LLC. The Website, Application, and services together hereinafter referred to as "Platform".
1.3 "Registered Users" are users who have registered themselves on the Platform by providing us with certain information and who can log in to the Platform by providing their username and password.
1.4 "Non-Registered Users" are users who are not registered user but may access certain features/information on the Platform.
1.5 “Healthcare Service Providers” or “HSPs” are user including but not limited to healthcare professionals, doctors, clinic or hospital, also, includes their duly qualified doctors, medical consultants, who interacts with Users as part of the Services, with whom Registered Users can consult privately.
1.6 The term “patientbook.com”, “PatientBook”, “Website”, “Application”, “Platform”, “company” “we”, “our” and “us” shall mean and refer to the Clouce LLC.
1.7 “Third Party” shall mean and refer to any application, website, company or individual apart from the User and Clouce LLC.
1.9 As required by law, you must be at least 18 years of age or older, have a sound mind and not debarred by any law to contract in order to access and use the Platform and its Services as a Primary User. In case the Platform or Services are to be accessed or used by a minor (i.e. a person less than 18 years of age), then only legal guardian/representative of such person shall register himself/herself as a Primary User and create/add the profile of the minor as a Secondary User.
1.10 All Services will be requested for, and provided to, the Primary User only. A Secondary User may avail the Services rendered to the Primary User only as a beneficiary. The Primary User will be entirely responsible and accountable for the Secondary User’s activity on the Platform, as if the Platform and its Services were being accessed and used by the Primary User. However, this shall not discharge the Secondary User who is adult and of sound mind from liability towards Clouce LLC or its contractors or affiliates and Clouce LLC shall have the right to proceed against Secondary User and Primary User, either jointly or severally, for acts and omissions of Secondary User that violate the Agreement.
1.11 You will use the Platform and the features provided on the Platform only in relation to and in compliance with all applicable Indian laws. You will not use this Platform, or any feature provided on the Platform for any purposes not intended under this Agreement.
1.12 You should limit the use of this Platform to India only. We are not responsible if you avail any service from outside India.
1.13 You will not deliberately use the Platform in any way that is unlawful or harms Clouce LLC, its directors, employees, affiliates, distributors, service providers and/or any user and/or data or content on the Platform.
1.14 You will not use the Platform for any illegal, immoral, offensive purpose or for any other purpose that may infringe or violate any applicable laws and regulations.
1.15 You will not interfere, disrupt or hamper with the proper functioning of the Platform.
1.16 As a user, you may have access to business sensitive information. You shall not share such information with Clouce LLC’s direct competitors or use it for competitive purposes, except with Clouce LLC’s prior written consent.
1.17 You will not share your log-in details with anyone. You are responsible for maintaining the confidentiality of your account access information and password. You shall be solely responsible for all usage of your account and password, whether or not authorized by you. You shall immediately notify Clouce LLC of any actual or suspected unauthorized use of your account or password. Clouce LLC will not be liable for your losses caused by any unauthorized use of your account. You may be liable for the losses of Clouce LLC or others due to such unauthorized use.
1.18 HSP users further agrees that:
a. You are a licensed healthcare service provider and/or authorized representative of a licensed healthcare organization with the necessary healthcare practicing licence and legal approvals to provide healthcare services to patients.
b. You shall not register and use Platform for any purpose other than providing services to authorized users seeking your services.
c. You take complete and sole responsibility in assigning authorized user accounts only to licensed healthcare providers and qualified healthcare support professionals in roles suitable to their area of responsibility; and you take complete responsibility in training your authorized users in the correct usage of the Platform and its features to provide services to users.
d. You are not impersonating any other person and are using your actual identity.
e. The information provided during the registration process is true, accurate, current and complete. You will be required to provide your full name, email address, registration number, mobile number, location, business name and address.
f. You are required to periodically review and update your registration data to ensure that it is always current and correct.
g. The user account created when registering on Platform is considered as the Primary Account and you are authorized to use it.
1.19 The Agreement supersedes all previous oral and written terms and conditions (if any) communicated to You.
2.1 You understand that Platform provides various services with respect to the System. While some of these services are provided for free, there are certain services for which costs will be incurred by you, if you decide to avail such services ("Paid Services"). In that case, Clouce LLC may provide billing services on behalf of the HSP. Should you wish to avail those Paid Services, you acknowledge that Clouce LLC will collect the payment for such Paid Services and payment gateway charges for and on behalf of the HSP. You acknowledge and confirm that Clouce LLC will not be liable for the treatment or services provided by the HSP on account of such collection of the payments, for any reason whatsoever.
2.2 You represent and warrant that: (i) you have the legal right to use any card(s) or other payment method(s) in connection with any purchase; and that (ii) the information you supply to us is true, correct and complete.
2.4 We reserve the right to refuse or cancel your service request at any time for reasons including but not limited to: service availability, errors in the description or price of the service, error in your service request, if fraud or an unauthorized or illegal transaction is suspected.
2.5 HSP users further agrees that:
a. The HSP Fees collected by Clouce LLC on your behalf from Registered Users shall be disbursed to your bank account within 15 days of collection of fees.
b. When we collect HSP Fees for services which have been requested/booked by the Registered User, you will deliver and complete all consultations which have been requested/booked, if you failed to do so you will refund all amounts for which no consultation has been delivered.
3.1 Platform's role is limited to a) providing podium that Patients and HSP can utilize to meet and interact with one another for their transactions d) facilitating collection and disbursal of consultation and service fees for and on behalf of HSP users.
3.2 Platform's role is that of an 'intermediary' as defined under the Information Technology Act, 2000 and the rules thereunder. Being an intermediary, Platform has no responsibility and / or liability in respect of the content and transactions on the Platform including any User Content, information provided by HSP users, interactions between HSP users and Patient users.
3.3 Platform does not have the obligation to pre-screen or monitor User Content at any time. However, Platform may elect to monitor any User Content and remove any User Content from the Platform if it determines in its sole discretion that such User Content is in violation of this Agreement or any applicable law and best practices. Where Platform removes any User Content from the Platform, Platform will not be under obligation to inform the User who had posted such User Content. Such actions do not in manner negate or dilute Platform's position as an intermediary or impose any liability on Clouce LLC with respect to User Content.
3.4 If Platform suspects any illegal, wrongful or fraudulent activity on the Platform by any user, notwithstanding any other rights Platform may have, Platform reserves the right to inform the relevant government or law enforcement authorities. Platform will cooperate in all investigative procedures or requests for access / information initiated by any such government or law enforcement authorities.
3.5 Platform does not endorse or influence control over any particular branch of medicine, theory, opinion, viewpoint or position on any topic.
4.1 Clouce LLC respects the intellectual property rights of others, and We expect the same from You. The Platform, User Content and the Platform Content are protected by applicable intellectual property laws of India.
4.2 Clouce LLC's Rights to the Platform and its Content:
4.2.1 All intellectual property in and to the Platform, any software, techniques and processes used in connection with the Platform, belongs exclusively to Clouce LLC or its licensors. Through your use of the Platform, by no means are any rights impliedly or expressly granted by Clouce LLC to you in respect of such works.
4.2.2 Clouce LLC and/or its licensors assert all proprietary rights in and to all names and trademarks contained on the Platform. Notwithstanding the generality of the foregoing, the Platform are the trademark and copyright (or any other intellectual property right) of Clouce LLC and/or its licensors. Any use of the Clouce LLC's trademarks, copyright or patent, unless otherwise authorized in a written agreement, will constitute an infringement upon the trademark and copyright (or any other such intellectual property right) of Clouce LLC and may be actionable under the applicable laws.
4.2.3 Except as stated otherwise in this Agreement all Platform Content (including all intellectual property rights to such content) is owned exclusively by Clouce LLC and/or its licensors.
4.2.4 Unless explicitly stated herein, nothing in this Agreement shall be construed as conferring on you any license to intellectual property rights, whether by estoppel, implication, or otherwise.
4.2.5 Unless expressly authorized by Clouce LLC, you agree not to reproduce, modify, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the Platform Content, in whole or in part, by any means. You must not remove or modify any copyright or trademark notice, or other notice of ownership.
4.3 Rights in User Content:
4.3.1 You agree that you are the owner of all rights (including all intellectual property rights) in the User Content that you post or use on the Platform or provide to the Platform.
4.3.2 You hereby grant Clouce LLC a perpetual, non-revocable, worldwide, royalty-free license to make use of such User Content including the right to copy, distribute, display, reproduce, modify, adapt the User Content.
5.1 We may collect various personal information from you when you use the Platform and or the features provided by the Platform.
6.1 Interaction with HSP users on the Platform:
6.1.1 Users understand and agree that any interactions and associated issues with the HSP users on the Platform, is strictly between Users and the HSP users. Users shall not hold Clouce LLC responsible for any such interactions and associated issues. Clouce LLC is not involved in the providing any healthcare or medical advice or diagnosis and hence is not responsible for any outcome between Users and the HSP user you interact with. If users decide to engage with a HSP users to provide medical services to them, users do so at their own risk.
6.1.2 We make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, quality of work, expertise of the HSP users.
6.1.3 Clouce LLC shall not be responsible for any breach of service or service deficiency by any HSP users.
6.1.4 We can neither assure that all transactions on the Platform will be completed nor do we guarantee the ability or intent of HSP users to fulfil their obligations in any transaction. We advise you to perform your own investigation prior to selecting a HSP.
6.2 Information regarding HSP users and practice information: Information regarding HSP users and practice information found on the Platform is intended for general reference purposes only. Such information found on the Platform is mainly self-reported by the HSP users. Such information often changes frequently and may become out of date or inaccurate. The Platform does not provide any advice or qualification certification about any particular HSP user. You are encouraged to independently verify any such information with respect to HSP user that you seek to make an appointment with.
6.3 Clouce LLC ASSUMES NO RESPONSIBILITY AND/OR LIABILITY WITH RESPECT TO ANY USER CONTENT WHICH YOU MAY POST ON THE PLATFORM AND YOU ARE SOLELY RESPONSIBLE FOR SUCH USER CONTENT POSTED ON THE PLATFORM.
6.4 YOU AGREE THAT THE OPEN AND REAL-TIME NATURE OF THE PLATFORM MAKE IT IMPOSSIBLE FOR Clouce LLC TO VOUCH FOR THE VALIDITY, AUTHETICITY AND HONESTY OF USER CONTENT. Clouce LLC IS NOT RESPONSIBLE FOR ANY USER CONTENT ON THE PLATFORM, OR FOR THE CONSEQUENCES OF YOU READING OR RELYING ON SUCH CONTENT.
7.2 In the event you use the Platform to book appointments with any HSP user, we may send booking confirmation, cancellation, payment confirmation, refund status, schedule change or any such other information relevant for the transaction, via SMS, Chat, or by voice call on the contact number provided by you at the time of making the appointment. This includes contacting you through information received from the HSP users.
8.1 You expressly understand that to the maximum extent permitted by applicable law, Clouce LLC and its subsidiaries, affiliates, officers, employees and licensors shall not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from
(i) your access to or use of or inability to access or use the Platform;
(ii) any act and, or conduct and, or content and, or omission of any third-party on the services including without limitation, any defamatory, offensive or illegal conduct of other users or third-parties;
(iii) unauthorized access, use or alteration of your transmissions or content. or
(iv) any other matter relating to the Platform, whether or not the Company has been warned of the possibility of such damages.
8.2 Notwithstanding anything to the contrary in this Agreement, in no event shall the total aggregate liability of the Clouce LLC to a user for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from the terms and conditions or a User’s use of the Platform exceed, in the aggregate, INR 1000.
9.1 Clouce LLC will strictly adhere to and adopt all reasonable measures to ensure compliance to all central and state government regulations and directives as applicable from time-to-time.
11.1 You agree to indemnify, defend, and hold harmless Clouce LLC, its affiliates, officers and directors, from and against any claim, cost or liability, including reasonable attorneys' fees, arising out of but not limited to:
(a) the use of the Platform/Services;
(b) any breach by you of any representations, warranties or agreements;
(c) the actions of any person gaining access to the System under a User ID assigned to you;
(d) the actions of anyone using a User ID, password or other unique identifier assigned to you that adversely affects the System or any information accessed through the System;
(e) any negligent/unintentional or intentional wrongdoing on your part.
12.1 If any provision of this Agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from this Agreement and the remainder of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event this Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.
13.1 All notices and other communications required or permitted hereunder to be given to a Party shall be in writing, in the English language, and shall be sent by e-mail, or mailed by prepaid internationally-recognized courier, or otherwise delivered by hand or by messenger, addressed to such Party's address as set forth below.