a) The terms of the Agreement shall apply to the following category of users of the Application and/or the Services (“Users” or “you”):
(i) a patient or, (ii) parent, guardian or caregiver of the patient (“End User”);
The term User shall mean the End User
You must be a validly constituted legal entity, or a natural individual who is18 (eighteen) years of age or older to use the Application or the Services. If you are a natural individual by using the Application or accepting this Agreement, you represent and warrant to BetaCura that you are 18 (eighteen) years of age or older, and that you have the right, authority and capacity to use the Application and the Services, and agree to and abide by this Agreement. In case the Services are to be utilized by a minor (as per applicable laws), then a parent or legal guardian must enter into this Agreement on behalf of such minor. The terms of the Agreement shall apply as and when the User(s) start using the Application and/or any services rendered through the Application, including the Diagnostic Services (“Services”).
The Agreement is governed by the provisions of Indian law, including but not limited to:
the Indian Contract Act, 1872;
the (Indian) Information Technology Act, 2000;
the rules, regulations, guidelines and clarifications framed there under, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “Data Privacy Rules”), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”)
a). The Application and the Services are designed to be used within India. Please refrain from using the Application or receiving or receiving or rendering any Services through use of the Application outside of India.
b). You will not use the Application or the Services in a manner or for any purpose that is illegal, discriminatory, immoral or offensive.
c). You will not take any steps to misuse or harm the Application including by introduction of computer virus, contaminant, malware, spyware or such other materials that have an effect of interfering in the functioning of the Application, tampering its abilities, slowing it down or causing such other effects in relation to the Application.
i. An End User can avail Diagnostic Services by providing the sample at a location of the End User’s choice (including residence, office or other premises) (“Home”).
ii. The End User can initiate the process of availing Diagnostic Services by raising a request on the Application..
i. The End User is required to submit proof of identity and age at the point of collection of samples to the personnel/representative of BetaCura.
ii. Each diagnostic test necessitates that the End User take certain steps (prior fasting etc.) before the sample is collected. BetaCura expects that the End User complies with all such requirements. BetaCura bears no responsibility towards any inaccurate or disparate results arising out of non-adherence with such requirements.
iii. BetaCura Personnel follow industry standard operating procedures in relation to collection of samples. The End User agrees and acknowledges to abide by their instructions in adhering with such procedures. While standard operating procedures are designed to mitigate risks, every scenario, particularly involving human interface is vulnerable to mishaps. The End User is aware of and agrees to this inherent risk in the process of sample collection and agrees that except for any reckless conduct of BetaCura Personnel, BetaCura is not liable in any manner for any physical injury, harm or loss caused to the End User in the course of collection of samples by BetaCura Personnel.
iv. It is likely that End User may be subject to specific medical or other conditions (e.g. – allergy, diabetic, haemophilic etc.) that may have adverse effects on the End User in the course of collection of samples. It shall be the duty of the End User to notify the BetaCura Personnel, prior in time, of such specific medical or other conditions. BetaCura Personnel or BetaCura is not responsible in any manner for any adverse effects suffered by the End User due to such specific medical or other conditions of the End User.
i. The End User agrees and acknowledges that the Diagnostic Services shall be undertaken by using generally acceptable market practices and standards.
ii. BetaCura shall undertake commercially reasonable efforts to ensure that the results, reports or diagnosis is made available within the turn around time as communicated to the End Users, which can be different for different Medical tests. However, the End User acknowledges that there are several factors that are not within the control or direct supervision of BetaCura that contribute towards preparation of the report/result/diagnosis and as such the prescribed timeline is merely indicative.
Home collection of samples is enabled for convenience of the End User. While BetaCura will take commercially reasonable efforts to ensure that our Personnel reach the Home premises at the indicated timeline, physical movement is often subject to circumstances beyond the control of the our Personnel (illustratively traffic conditions). As such the End User acknowledges that the time indicated for reaching of Home is indicative.
The terms “you” and “your” refer to the user of the Application. The term “Services” refers to any services offered by BetaCura including by allowing access of the Application/Web Portal to you or the services that are enables through your use of the Application/Web Portal.
By using the Application and/or the Services, you agree and consent to the collection, transfer, use, storage, disclosure and sharing of your information as described and collected by us in accordance with this Policy. If you do not agree with the Policy, please do not access the Application or use any of the Services.
If you use the Application and/or the Services on behalf of someone else (such as your child) or an entity (such as your employer), you represent that you are authorised by such individual or entity to (i) accept this Policy on such individual’s or entity’s behalf, and (ii) consent on behalf of such individual or entity to our collection, use and disclosure of such individual’s or entity’s information as described in this Policy.
i. Section 43A of the Information Technology Act, 2000 (“IT Act”);
ii. Regulation 4 of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “Privacy Rules”);
iii. Regulation 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011.
i. The type of information collected from the Users, including Personal Information and Sensitive Personal Data or Information (as defined in the Privacy Rules) relating to a User;
ii. The purpose, means and modes of collection, usage, processing, retention and destruction of such information; and
iii. How and to whom BetaCura will disclose such information.
We will collect and process the following information about you:
i. Show interest in BetaCura for your Healthcare requirements ,which may include your name, Mobile number, email id, if you are an End User , we will also collect information about your medical history (drug allergies, chronic conditions), health habits, health indicators (BMI, weight, height), diagnostics reports, prescriptions, or any pictures/ photos/ files or other content shared by you. If you are a RMP, we will collect information that include your practice details and speciality, years of experience, proofs of educational / technical qualifications, proofs of certifications and affiliations, registration details with the National Medical Council, State Medical Council or such similar authorities/bodies. or
ii. Use our Services, we may collect and store information about you to process your requests and automatically complete forms for future transactions, including (but not limited to) your phone number, address, email, RMPs consulted in the past, diagnostic reports, billing information and credit or payment card information.
iii. Correspond with BetaCura for customer support;
iv. Report problems for troubleshooting.
We will automatically collect and analyse the following demographic and other information each time that you use the Application:
When you communicate with us (via email, text, phone, through the Application or otherwise), we may maintain a record of your communication;
ii. Location information:
Depending on the Services that you use, we may collect your real time information.
iii. Transaction Information:
We collect transaction details related to your use of our Services, the Users (i.e. End User) that you interact with by use of our Application, and information about your activity on the Services, including the full Uniform Resource Locators (URL), the type of Services you requested or provided, comments, domain names, search results selected, number of clicks, information and pages viewed and searched for, the order of those pages, length of your visit to our Services, the date and time you used the Services, amount charged, methods used to browse away from the page and any phone number used to call our customer service number and other related transaction details;
iv. Record stored on the Application:
Any diagnostic report, prescriptions or such other record or file that is rendered through the website.
1.4 Disclosure and Distribution of Information –
We may share your information that we collect for following purposes:
a). With the Lab Partners: We may share your information with our business partners, to the extent it is necessary to (i) render Services to you (ii) enable the features and functionalities of the Application. Illustratively, if you are a End User your Personal Information and Sensitive Personal Data and Information will be shared with our business partners for providing diagnostic services.
b). For Compliance with Laws: We may share this information with governmental agencies or other agencies assisting us, when we are:
i). Obligated under the applicable laws or in good faith to respond to directions from legal/statutory authorities including police officials, courts etc.; or
ii. Responding to claims that an advertisement, posting or other content violates the intellectual property rights of a third party;
c). For Internal Use: We may share your information with any present or future member of our “Group” (as defined below)or affiliates for our internal business purposes The term “Group” means, with respect to any person, any entity that is controlled by such person, or any entity that controls such person, or any entity that is under common control with such person, whether directly or indirectly, or, in the case of a natural person, any Relative (as such term is defined in the Companies Act, 1956 and Companies Act, 2013 to the extent applicable) of such person.
a) Payment in relation to the Services shall be made as per the payment terms as displayed at the time of choosing of the Services.
b) The fees for any Services shall be displayed before the End User avails it. Once the payment is made, the End User acknowledges that the refund will be done as per the policy.
Users agree and understand that they are likely to acquire non-proprietary, commercially sensitive information about BetaCura, inter alia about its user base, business models, strategies, products, vendors, employees, business partner (“BetaCura Confidential Information”). By agreeing to receive Services and use the Application, all of these Users agree to maintain strict confidentiality of the BetaCura Confidential Information and not to disclose it to any person without the prior written consent of BetaCura
We may occasionally update this Policy and such changes will be posted on this page. If we make any significant changes to this Policy we will endeavour to provide you with reasonable notice of such changes, such as via prominent notice on the Application or to your email address on record and where required by applicable law, we will obtain your consent. To the extent permitted under the applicable law, your continued use of our Services after we publish or send a notice about our changes to this Policy shall constitute your consent to the updated Policy.
8.1 In the event that, the Practitioner with whom User has booked a paid appointment via the Website, has not been able to meet the User, User will need to write to us at email@example.com within five (5) days from the occurrence of such event; in which case, the entire amount as mentioned on the Website will be refunded to the User within the next six (6) business days in the original mode of payment done by the User while booking. In case where the User, does not show up for the appointment booked with a Practitioner, without cancelling the appointment beforehand, the amount will not be refunded, and treated as under Clause 8.2
Users will not be entitled for any refunds in cases where, the Practitioner is unable to meet the User at the exact time of the scheduled appointment time and the User is required to wait, irrespective of the fact whether the User is required to wait or choose to not obtain the medical services from the said Practitioner.
Clause 8.2 In case of a ‘Patient-No-Show (P.N.S)’ (defined below), where the User does not show-up at the concerned Practitioner’s clinic:
Patient- No-Show (P.N.S) is defined as, any instance where a User, who booked an appointment on the Website using the Book Appointment facility , has not turned up for the appointment without cancelling, rescheduling, or informing the Betacura team in advance about the same.