TERMS OF SERVICE AGREEMENT
Queira Technologies LLP (“Queira
Technologies”) is the author and
publisher of the internet resource
www.clinicjet.com. Queira Technologies
owns and operates the services provided
through the Website.
• 1.NATURE AND APPLICABILITY OF TERMS
Please carefully go through these terms
and conditions (“Terms”) and the privacy
policy available at
http://www.clinicjet.com/company/privacy
(“Privacy Policy”)before you decide to
access the Website or avail the services
made available on the Website by Queira
Technologies. These Terms and the
Privacy Policy together constitute a
legal agreement (“Agreement”) between
you and Queira Technologies in
connection with your visit to the
Website and your use of the Services (as
defined below).
The Agreement applies to you whether you
are -
i. A medical practitioner or health care
provider (whether an individual
professional or an organization) or
similar institution wishing to be
listed, or already listed, on the
Website, including designated,
authorized associates of such
practitioners or institutions
(“Practitioner(s)”, “you” or “User”); or
ii. A patient, his/her representatives
or affiliates, searching for
Practitioners through the Website
(“End-User”, “you” or “User”); or
iii. Otherwise a user of the Website
(“you” or “User”).
This Agreement applies to those services
made available by Queira Technologies on
the Website, which are offered free of
charge to the Users (“Services”),
including the following:
iv. For Practitioners: Listing of
Practitioners and their profiles and
contact details, to be made available to
the other Users and visitors to the
Website;
v. For other Users: Facility to (i)
create and maintain ‘Health Accounts’,
(ii) search for Practitioners by name,
specialty, and geographical area, or any
other criteria that may be developed and
made available by Queira Technologies,
and (iii) to make appointments with
Practitioners.
The Services may change from time to
time, at the sole discretion of Queira
Technologies, and the Agreement will
apply to your visit to and your use of
the Website to avail the Service, as
well as to all information provided by
you on the Website at any given point in
time.
This Agreement defines the terms and
conditions under which you are allowed
to use the Website and describes the
manner in which we shall treat your
account while you are registered as a
member with us. If you have any
questions about any part of the
Agreement, feel free to contact us at
support@Queira Technologies.com.
By downloading or accessing the Website
to use the Services, you irrevocably
accept all the conditions stipulated in
this Agreement, the Subscription Terms
of Service and Privacy Policy, as
available on the Website, and agree to
abide by them. This Agreement supersedes
all previous oral and written terms and
conditions (if any) communicated to you
relating to your use of the Website to
avail the Services. By availing any
Service, you signify your acceptance of
the terms of this Agreement.
We reserve the right to modify or
terminate any portion of the Agreement
for any reason and at any time, and such
modifications shall be informed to you
in writing You should read the Agreement
at regular intervals. Your use of the
Website following any such modification
constitutes your agreement to follow and
be bound by the Agreement so modified.
You acknowledge that you will be bound
by this Agreement for availing any of
the Services offered by us. If you do
not agree with any part of the
Agreement, please do not use the Website
or avail any Services.
Your access to use of the Website and
the Services will be solely at the
discretion of Queira Technologies.
The Agreement is published in compliance
of, and is governed by the provisions of
Indian law, including but not limited
to:
vi. the Indian Contract Act, 1872,
vii. the (Indian) Information Technology
Act, 2000, and
viii. 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
“SPI Rules”), and the (Indian)
Information Technology (Intermediaries
Guidelines) Rules, 2011 (the “IG
Rules”).
• 2.CONDITIONS OF USE
You must be 18 years of age or older to
register, use the Services, or visit or
use the Website in any manner. By
registering, visiting and using the
Website or accepting this Agreement, you
represent and warrant to Queira
Technologies that you are 18 years of
age or older, and that you have the
right, authority and capacity to use the
Website and the Services available
through the Website, and agree to and
abide by this Agreement.
• 3.TERMS OF USE APPLICABLE TO ALL USERS
OTHER THAN PRACTITIONERS
The terms in this Clause 3 are
applicable only to Users other than
Practitioners.
o 3.1END-USER ACCOUNT AND DATA PRIVACY
3.1.1 The terms “personal information”
and “sensitive personal data or
information” are defined under the SPI
Rules, and are reproduced in the Privacy
Policy.
3.1.2 Queira Technologies may by its
Services, collect information relating
to the devices through which you access
the Website, and anonymous data of your
usage. The collected information will be
used only for improving the quality of
Queira Technologies’s services and to
build new services.
3.1.3 The Website allows Queira
Technologies to have access to
registered Users’ personal email or
phone number, for communication purpose
so as to provide you a better way of
booking appointments and for obtaining
feedback in relation to the
Practitioners and their practice.
3.1.4 The Privacy Policy sets out,
inter-alia:
i. The type of information collected
from Users, including sensitive personal
data or information;
ii. The purpose, means and modes of
usage of such information;
iii. How and to whom Queira Technologies
will disclose such information; and,
iv. Other information mandated by the
SPI Rules.
3.1.5 The User is expected to read and
understand the Privacy Policy, so as to
ensure that he or she has the knowledge
of, inter-alia:
i. the fact that certain information is
being collected;
ii. the purpose for which the
information is being collected;
iii. the intended recipients of the
information;
iv. the nature of collection and
retention of the information; and
v. the name and address of the agency
that is collecting the information and
the agency that will retain the
information; and
vi. the various rights available to such
Users in respect of such information.
3.1.6 Queira Technologies shall not be
responsible in any manner for the
authenticity of the personal information
or sensitive personal data or
information supplied by the User to
Queira Technologies or to any other
person acting on behalf of Queira
Technologies.
3.1.7 The User is responsible for
maintaining the confidentiality of the
User’s account access information and
password, if the User is registered on
the Website. The User shall be
responsible for all usage of the User’s
account and password, whether or not
authorized by the User. The User shall
immediately notify Queira Technologies
of any actual or suspected unauthorized
use of the User’s account or password.
Although Queira Technologies will not be
liable for your losses caused by any
unauthorized use of your account, you
may be liable for the losses of Queira
Technologies or such other parties as
the case may be, due to any unauthorized
use of your account.
3.1.8If a User provides any
information that is untrue, inaccurate,
not current or incomplete (or becomes
untrue, inaccurate, not current or
incomplete), or Queira Technologies has
reasonable grounds to suspect that such
information is untrue, inaccurate, not
current or incomplete, Queira
Technologies has the right to
discontinue the Services to the User at
its sole discretion.
3.1.9Queira Technologies may use such
information collected from the Users
from time to time for the purposes of
debugging customer support related
issues.
3.1.10Against every Practitioner
listed in Queira Technologies.com, you
may see a ‘show number’ option. When you
choose this option, you choose to call
the number through a free telephony
service provided by Queira Technologies,
and the records of such calls are
recorded and stored in Queira
Technologies’s servers. Such records are
dealt with only in accordance with the
terms of the Privacy Policy. Such call
facility provided to you by Queira
Technologies should be used only for
appointment and booking purposes, and
not for consultation on health-related
issues. Queira Technologies accepts no
liability if the call facility is not
used in accordance with the foregoing.
o 3.2RELEVANCE ALGORITHM
Queira Technologies’s relevance
algorithm for the Practitioners is a
fully automated system that lists the
Practitioners, their profile and
information regarding their Practice on
its Website. These listings of
Practitioners do not represent any fixed
objective ranking or endorsement by
Queira Technologies. Queira Technologies
will not be liable for any change in the
relevance of the Practitioners on search
results, which may take place from time
to time. The listing of Practitioners
will be based on automated computation
of the various factors including inputs
made by the Users including their
comments and feedback. Such factors may
change from time to time, in order to
improve the listing algorithm. Queira
Technologies in no event will be held
responsible for the accuracy and the
relevancy of the listing order of the
Practitioners on the Website.
o 3.3LISTING CONTENT AND DISSEMINATING
INFORMATION
3.3.1Queira Technologies collects,
directly or indirectly, and displays on
the Website, relevant information
regarding the profile and practice of
the Practitioners listed on the Website,
such as their specialization,
qualification, fees, location, visiting
hours, and similar details. Queira
Technologies takes reasonable efforts to
ensure that such information is updated
at frequent intervals. Although Queira
Technologies screens and vets the
information and photos submitted by the
Practitioners, it cannot be held liable
for any inaccuracies or incompleteness
represented from it, despite such
reasonable efforts.
3.3.2The Services provided by Queira
Technologies or any of its licensors or
service providers are provided on an "as
is" and “as available’ basis, 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). Queira Technologies does not
provide or make any representation,
warranty or guarantee, express or
implied about the Website or the
Services. Queira Technologies does not
guarantee the accuracy or completeness
of any content or information provided
by Users on the Website. To the fullest
extent permitted by law, Queira
Technologies disclaims all liability
arising out of the User’s use or
reliance upon the Website, the Services,
representations and warranties made by
other Users, the content or information
provided by the Users on the Website, or
any opinion or suggestion given or
expressed by Queira Technologies or any
User in relation to any User or services
provided by such User.
3.3.3The Website may be linked to the
website of third parties, affiliates and
business partners. Queira Technologies
has no control over, and not liable or
responsible for content, accuracy,
validity, reliability, quality of such
websites or made available by/through
our Website. Inclusion of any link on
the Website does not imply that Queira
Technologies endorses the linked site.
User may use the links and these
services at User’s own risk.
3.3.4Queira Technologies assumes no
responsibility, and shall not be liable
for, any damages to, or viruses that may
infect User’s equipment on account of
User’s 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 a User is dissatisfied with
the Website, User’s sole remedy is to
discontinue using the Website.
3.3.5If Queira Technologies determines
that you have provided fraudulent,
inaccurate, or incomplete information,
including through feedback, Queira
Technologies reserves the right to
immediately suspend your access to the
Website or any of your accounts with
Queira Technologies and makes such
declaration on the website alongside
your name/your clinic’s name as
determined by Queira Technologies for
the protection of its business and in
the interests of Users. You shall be
liable to indemnify Queira Technologies
for any losses incurred as a result of
your misrepresentations or fraudulent
feedback that has adversely affected
Queira Technologies or its Users.
o 3.4BOOK APPOINTMENT AND CALL FACILITY
Queira Technologies enables Users to
connect with Practitioners through two
methods: a) Book facility that allows
Users book an appointment through the
Website; b) Value added telephonic
services which connect Users directly to
the Practitioner’s number provided on
the Website.
3.4.1Queira Technologies will ensure
Users are provided confirmed appointment
on the Book facility. However, Queira
Technologies has no liability if such an
appointment is later cancelled by the
Practitioner, or the same Practitioner
is not available for appointment.
Provided, it does not fall under the
heads listed under the Queira
Technologies Guarantee Program, in which
case the terms of this program shall
apply.
3.4.2If a User has utilized the
telephonic services, Queira Technologies
reserves the right to share the
information provided by the User with
the Practitioner and store such
information and/or conversation of the
User with the Practitioner, in
accordance with our Privacy Policy.
3.4.3The results of any search Users
perform on the Website for Practitioners
should not be construed as an
endorsement by Queira Technologies of
any such particular Practitioner. If the
User decides to engage with a
Practitioner to seek medical services,
the User shall be doing so at his/her
own risk.
3.4.4 Without prejudice to the
generality of the above, Queira
Technologies is not involved in
providing any healthcare or medical
advice or diagnosis and hence is not
responsible for any interactions between
User and the Practitioner. User
understands and agrees that Queira
Technologies will not be liable for:
i. User interactions and associated
issues User has with the Practitioner;
ii. the ability or intent of the
Practitioner(s) or the lack of it, in
fulfilling their obligations towards
Users;
iii. any wrong medication or quality of
treatment being given by the
Practitioner(s), or any medical
negligence on part of the
Practitioner(s);
iv. inappropriate treatment, or similar
difficulties or any type of
inconvenience suffered by the User due
to a failure on the part of the
Practitioner to provide agreed Services;
v. any misconduct or inappropriate
behaviour by the Practitioner or the
Practitioner’s staff;
vi. cancellation or no show by the
Practitioner or rescheduling of booked
appointment or any variation in the fees
charged, provided these have been
addressed to under, Queira Technologies
Guarantee Program.
3.4.5Users are allowed to provide
feedback about their experiences with
the Practitioner, however, the User
shall ensure that, the same is provided
in accordance with applicable law. User
however understands that, Queira
Technologies shall not be obliged to act
in such manner as may be required to
give effect to the content of Users
feedback, such as suggestions for
delisting of a particular Practitioner
from the Website.
3.4.6In case of a ‘Patient-No-Show
(P.N.S)’ (defined below), where the User
does not show-up at the concerned
Practitioner’s clinic:
i. User’s account will be temporarily
disabled from booking further online
appointments on Queira Technologies.com
for next four (4) months, in case of,
three(3) Valid PNS, as per the
Patient-No-Show Policy. However, the
User can continue to call the clinic via
Queira Technologies.com to get an
appointment.
ii. Patient- No-Show (P.N.S) for the
purposes of these Terms and Conditions,
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
Practitioner in advance about the same.
When Practitioner informs Queira
Technologies of the incident or marks a
particular appointment as P.N.S. using
the Queira Technologies Ray software or
Queira Technologies Pro App within five
(5) days of the scheduled appointment,
an email and SMS (“PNS Communication”)
will be sent to the User to confirm on
the incident with reasons. Where the
User is not able to establish that the
User had a legitimate reason as per
Clause 3.4.6(c), for not showing up,
Queira Technologies shall be entitled to
take actions as under Clause 3.4.6 (a).
However Users understand that, actions
such as ones mentioned under Clause
3.4.6(a) are included as a deterrent to
stop Users from misusing the Website,
and the loss of business hours incurred
by the Practitioner.
iii. Following instances, solely at the
discretion of Queira Technologies, would
be construed as valid cases of PNS
(“Valid PNS”), in which case the User
shall be penalized as per Clause 3.4.6
(a):
a. User does not reply within seven (7)
days, with reasons to PNS Communication,
from the date of receipt of such PNS
Communication;
b. In case User responds to the PNS
Communication with below reasons:
a. Forgot the appointment
b. Chose to visit another
Practitioner/consulted online;
c. Busy with other work; or such other
reasons (which Queira Technologies at
its discretion decides to be a valid
reason to not show up).
c. Where the User has booked a paid
appointment and is unable to visit the
Practitioner, due to such genuine
reasons of sickness etc. at the sole
discretion of Queira Technologies,
pursuant to conducting of investigation,
the User shall be provided with a refund
of such payment made by User, at the
time of booking. However, where
cancellation charges have been levied,
you would not be entitled to complete
refund.
iv. Queira Technologies reserves the
right to make the final decision in case
of a conflict. The total aggregate
liability of Queira Technologies with
respect to any claims made herein shall
be INR 200.
3.4.7Cancellation and Refund Policy
i. 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 support@Queira
Technologies.com within five (5) days
from the occurrence of such event; in
which case, the entire consultation
amount as mentioned on the Website will
be refunded to the User within the next
five (5) to 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
3.4.6. However, where cancellation
charges have been levied (as charged by
the Practitioner/Practice), you would
not be entitled to complete refund even
if you have cancelled beforehand.
ii. 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.
o 3.5NO DOCTOR-PATIENT RELATIONSHIP; NOT
FOR EMERGENCY USE
3.5.1Please note that some of the
content, text, data, graphics, images,
information, suggestions, guidance, and
other material (collectively,
“Information”) that may be available 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 licensed
medical professional/patient
relationship, between Queira
Technologies and you and does not
constitute an opinion, medical advice,
or diagnosis or treatment of any
particular condition, but is only
provided to assist you with locating
appropriate medical care from a
qualified practitioner.
3.5.2It is hereby expressly clarified
that, the Information that you obtain or
receive from Queira Technologies, and
its employees, contractors, partners,
sponsors, advertisers, licensors or
otherwise on the Website is for
informational purposes only. We make no
guarantees, representations or
warranties, whether expressed or
implied, with respect to professional
qualifications, quality of work,
expertise or other information provided
on the Website. In no event shall we be
liable to you or anyone else for any
decision made or action taken by you in
reliance on such information.
3.5.3The Services are not intended to
be a substitute for getting in touch
with emergency healthcare. If you are an
End-User facing a medical emergency
(either on your or a another person’s
behalf), please contact an ambulance
service or hospital directly.
o 3.6QUEIRA TECHNOLOGIES CONSULT
3.6.1Definition.
Queira Technologies's Consult is a
feature owned and provided by Queira
Technologies that allows Users &
Practitioners to communicate, either on
unpaid mode or on paid mode, depending
on the option chosen by the User.
Further, Users may access this feature
on Queira Technologies’s platform to get
assigned, for the purposes of
consultation, to a Practitioner whereby
such Practitioners are, by default,
assigned through the system’s
algorithm/software-program that finds
the most available and accepting
Practitioner or Users may choose
Practitioners of choice through the
search options made available on Queira
Technologies’s Website. The scope of
this feature as detailed herein is
collectively referred to as "Consult".
3.6.2Terms for Users:
The Users expressly understand,
acknowledge and agree to the following
set forth herein below:
i. In the event the Users intend to
consult a specific Practitioner of
choice, the same is facilitated through
search options as made available on
Queira Technologies’s Website. In cases
where Users cannot choose a Practitioner
(due to system setup), the system uses
an algorithm/software-program to find
the most available and accepting
Practitioner.
ii. In case any prescription is being
provided to User by the Practitioner,
the same is being provided basis the
online consultation, however it may vary
when examined in person, hence in no
event shall the prescription provided by
Practitioners be relied as a final and
conclusive solution.
iii. The Users agree to use the advice
from Practitioner on the website
pursuant to:
a) an ongoing treatment with their
medical practitioner;
b) a condition which does not require
emergency treatment, physical
examination or medical attention;
c) medical history available as
records with them for reference;
d) a record of physical examination
and report thereof with them, generated
through their local medical
practitioner;
e) consultation with their medical
practitioner before abandoning or
modifying their ongoing treatment.
iv. The User agrees that by using
Consult, the Practitioners on Consult
will not be conducting physical
examination of the Users, hence they may
not have or be able to derive important
information that is usually obtained
through a physical examination. User
acknowledges and agrees that the User is
aware of this limitation and agrees to
assume the complete risk of this
limitation.
v. The User understands that Consult
shall not form a substitute for
treatment that otherwise needs physical
examination/immediate consultation.
vi. During the consultation and
thereafter, the Practitioner may upload
the prescription/health records of the
User on the account of the User for
access of the User.
vii. Notwithstanding anything contained
herein, Queira Technologies in no manner
endorses any Practitioner(s) that Users
consult and is not in any manner
responsible for any drug/medicines
prescribed or the therapy prescribed by
the Practitioner.
viii. If Practitioner responds to the
User’s query, the system could trigger
communications to the User, in the form
of notification/text/email/others. The
User further understands that Queira
Technologies may send such
communications like text
messages/email/calls before and/or after
Practitioner’s consultation (physical or
online) to User’s mobile number which is
provided by Practitioner, based on the
Practitioner’s settings. However and
notwithstanding anything to the contrary
in this Agreement, Queira Technologies
does not take responsibility for
timeliness of such communications.
ix. Consult, is merely a consulting
model, any interactions and associated
issues with the Practitioner on Consult
including but not limited to the User’s
health issues and/or the User’s
experiences is strictly between the User
and the Practitioner. The User shall not
hold Queira Technologies responsible for
any such interactions and associated
issues.
x. The User hereby grants consent to
Queira Technologies to feature certain
of Users queries posted free of cost and
respective Practitioners’ responses as
posted by the User on Queira
Technologies Consult. Users further
agree that any such information provided
by the User will be subject to Queira
Technologies Privacy Policy.
xi. There is a follow-up feature that is
made available on one of Queira
Technologies’s product - Queira
Technologies Ray, through which the
Practitioner can notify the User of a
follow-up facility that is available
post their in-person consultation. The
Practitioner can define the duration and
limit of messages that are available to
the User for free. When the User starts
the follow-up, a chat window opens up
for consultation with the Practitioner
for a certain period (set by the
Practitioner) without having to make any
payment. Upon expiry, an option to pay
and restart option is available to the
User. This enables the User to pay and
initiate a paid consultation with the
Practitioner.
xii. Any conversations that the Users
have had with the Practitioner will be
retained in Queira Technologies database
as per the applicable laws and subject
to confidentiality.
xiii. User understands and agrees to
provide accurate information, and will
not use this platform for any acts that
are considered to be illegal in nature.
xiv. If User decides to engage with a
Practitioner to procure medical services
or engages in communication, exchange of
money for services outside of Consult
platform, User shall do so at their own
risk. Queira Technologies shall not be
responsible for any breach of service or
service deficiency by any Practitioner.
xv. The User shall be bound by the
jurisdiction as contained in these Terms
and Conditions hereunder, at all times,
irrespective of the location they may be
consulting with Practitioners online.
xvi. The User shall indemnify and hold
harmless Queira Technologies and its
affiliates, subsidiaries, directors,
officers, employees and agents from and
against any and all claims, proceedings,
penalties, damages, loss, liability,
actions, costs and expenses (including
but not limited to court fees and
attorney fees) arising due to or in
relation to the use of Website by the
User, by breach of the Terms or
violation of any law, rules or
regulations by the User, or due to such
other actions, omissions or commissions
of the User that gave rise to the claim.
xvii. If User decides to use the payment
gateway to make payments online, it is
solely at User's discretion. Should
there be any issues with regard to the
payment not reaching the respective
Practitioner’s account, please reach out
to support@Queira Technologies.com.
3.6.3Cancellation and Refund Policy:
i. For cancellation and refund policy,
read more.
3.6.4Express Disclaimers:
i. Consult is intended for general
purposes only and is not meant to be
used in emergencies/serious illnesses
requiring physical consultation.
Further, if the Practitioner adjudges
that a physical examination would be
required and advises ‘in-person
consultation’, it is the sole
responsibility of the User, to book an
appointment for physical examination and
in-person consultation whether the same
is with the Practitioner listed on the
Website or otherwise. In case of any
negligence on the part of the User in
acting on the same and the condition of
the User deteriorates, Queira
Technologies shall not be held liable.
ii. Queira Technologies is not a medical
service provider, nor is it involved in
providing any healthcare or medical
advice or diagnosis, it shall hence not
be responsible and owns no liability to
either Users or Practitioners for any
outcome from the consultation between
the User and the Practitioner.
iii. Consult is a platform being made
available to Users to assist them to
obtain consultation from Practitioners
and does not intend to replace the
physical consultation with the
Practitioner.
3.6.5Terms for Practitioners:
i. The Practitioner shall promptly reply
to the User after receiving User’s
communication. In case of non-compliance
with regard to adhering to the
applicable
laws/rules/regulations/guidelines by the
Practitioner, Queira Technologies shall
have the right to replace such
Practitioners for the purpose of
consultation to the User or remove such
Practitioners from the platform/Queira
Technologies application/site; Read more
on guidelines here.
ii. The Practitioner understands and
agrees that, Queira Technologies shall
at its sole discretion, at any time be
entitled to, show as other Practitioners
available for consultation.
iii. The Practitioner further
understands that, there is a
responsibility on the Practitioner to
treat the User, pari passu, as the
Practitioner would have otherwise
treated the User on a physical
one-on-one consultation model.
iv. The Practitioner has the discretion
to cancel any consultation at any point
in time in cases where the Practitioner
feels, it is beyond his/her expertise or
his/her capacity to treat the User. In
such cases, it may trigger a refund to
the User and the User has the option of
choosing other Practitioners. However,
it is strongly recommended that the
Practitioner advise the User and explain
appropriately for next steps.
v. The Practitioner shall at all times
ensure that all the applicable laws that
govern the Practitioner shall be
followed and utmost care shall be taken
in terms of the consultation being
rendered.
vi. The Practitioner acknowledges that
should Queira Technologies find the
Practitioner to be in violation of any
of the applicable laws/rules/
regulations/guidelines set out by the
authorities then Queira Technologies
shall be entitled to cancel the
consultation with such Practitioner or
take such other legal action as may be
required.
vii. The payment gateway option is being
provided to the Users to make payment
easier. In case wrong bank account
details are provided by Practitioner,
Queira Technologies will not be
responsible for loss of money, if any.
In case of there being any technical
failure, at the time of transaction and
there is a problem in making payment,
you could contact support@Queira
Technologies.com.
viii. It is further understood by the
Practitioner that the information that
is disclosed by the User at the time of
consultation is personal information and
is subject to all applicable privacy
laws, shall be confidential in nature
and subject to User and Practitioner
privilege.
ix. The Practitioner understands that
the certain Consult features (such as
follow-up feature) shall be available
only if the same has been enabled by the
Practitioner and that the maximum number
of messages that Practitioner can send
and the number of days for which
follow-up will be active for, shall be
as set by the Practitioner.
x. The Practitioner understands that
when a User books a time-slot with the
Practitioner for online consultation,
the Practitioner must comply with the
time slot to the best of their
availability. In case of delay, the
doctor must notify User to their best
possible ability.
xi. The Practitioner understands that
Queira Technologies makes no promise or
guarantee for any uninterrupted
communication and the Practitioner shall
not hold Queira Technologies liable, if
for any reason the communication is not
delivered to the User(s), or are
delivered late or not accessed, despite
the efforts undertaken by Queira
Technologies.
xii. It shall be the responsibility of
the Practitioner to ensure that the
information provided by User is accurate
and not incomplete and understand that
Queira Technologies shall not be liable
for any errors in the information
included in any communication between
the Practitioner and User.
xiii. The Practitioner shall indemnify
and hold harmless Queira Technologies
and its affiliates, subsidiaries,
directors, officers, employees and
agents from and against any and all
claims, proceedings, penalties, damages,
loss, liability, actions, costs and
expenses (including but not limited to
court fees and attorney fees) arising
due to the services provided by
Practitioner, violation of any law,
rules or regulations by the Practitioner
or due to such other actions, omissions
or commissions of the Practitioner that
gave rise to the claim.
xiv. Read more on Settlement Policy
here.
o 3.7QUEIRA TECHNOLOGIES HEALTH FEED
3.7.1Queira Technologies Health feed
is an online content platform available
on the website, wherein Practitioners
who have created a Queira Technologies
profile and Users who have created a
health account can login and post health
and wellness related content
3.7.2A User can use Queira
Technologies Health feed by logging in
from their health account, creating
original content comprising text, audio,
video, images, data or any combination
of the same (“Content”), and uploading
said Content to Queira Technologies’s
servers. Queira Technologies will make
available to the User a gallery of
images licensed by Queira Technologies
from a third party stock image provider
(“Queira Technologies Gallery”). The
User can upload their own images or
choose an image from the Queira
Technologies Gallery. Queira
Technologies does not provide any
warranty as to the ownership of the
intellectual property in the Queira
Technologies Gallery and the User
acknowledges that the User will use the
images from the Queira Technologies
Gallery at their own risk. Queira
Technologies shall post such Content to
Queira Technologies Health feed at its
own option and subject to these Terms
and Conditions. The Content uploaded via
Queira Technologies Health feed does not
constitute medical advice and may not be
construed as such by any person.
3.7.3The User acknowledges that they
are the original authors and creators of
any Content uploaded by them via Queira
Technologies Health feed and that no
Content uploaded by them would
constitute infringement of the
intellectual property rights of any
other person. Queira Technologies
reserves the right to remove any Content
which it may determine at its own
discretion as violating the intellectual
property rights of any other person. The
User agrees to absolve Queira
Technologies from and indemnify Queira
Technologies against all claims that may
arise as a result of any third party
intellectual property right claim that
may arise from the user’s uploading of
any Content on Queira Technologies
Health feed. The User may not use the
images in the Queira Technologies
Gallery for any purpose other than those
directly related to the creation and
uploading of Content to Queira
Technologies Health feed. The User also
agrees to absolve Queira Technologies
from and indemnify Queira Technologies
against all claims that may arise as a
result of any third party intellectual
property claim if the User downloads,
copies or otherwise utilizes an image
from the Queira Technologies Gallery for
his/her personal or commercial gain.
3.7.4The user hereby assigns to Queira
Technologies, in perpetuity and
worldwide, all intellectual property
rights in any Content created by the
User and uploaded by the User via Queira
Technologies Health feed.
3.7.5Queira Technologies shall have
the right to edit or remove the Content
and any comments in such manner as it
may deem Queira Technologies Health feed
at any time.
3.7.6The User agrees not to upload
Content which is defamatory, obscene or
objectionable in nature and Queira
Technologies reserves the right to
remove any Content which it may
determine at its own discretion to
violate these Terms and Conditions or be
violative of any law or statute in force
at the time. The User agrees to absolve
Queira Technologies from and indemnify
Queira Technologies against all claims
that may arise as a result of any legal
claim arising from the nature of the
Content posted by the User on Queira
Technologies Health Feed.
3.7.7A User may also use Queira
Technologies Health feed in order to
view original content created by
Practitioners and to create and upload
comments on such Content, where allowed.
3.7.8User acknowledges that the
Content on Queira Technologies Health
feed reflects the views and opinions of
the authors of such Content and do not
necessarily reflect the views of Queira
Technologies.
3.7.9User agrees that the content they
access on Queira Technologies Health
feed does not in any way constitute
medical advice and that the
responsibility for any act or omission
by the User arising from the User’s
interpretation of the Content, is solely
attributable to the user. The User
agrees to absolve Queira Technologies
from and indemnify Queira Technologies
against all claims that may arise as a
result of the User’s actions resulting
from the User’s viewing of Content on
Queira Technologies Health feed.
3.7.10The User acknowledges that all
intellectual property rights in the
Content on Queira Technologies Health
feed vests with Queira Technologies. The
User agrees not to infringe upon Queira
Technologies’s intellectual property by
copying or plagiarizing content on
Queira Technologies Health feed. Queira
Technologies reserves its right to
initiate all necessary legal remedies
available to them in case of such an
infringement by the User. All comments
created and uploaded by the User on
Queira Technologies Health feed will be
the sole intellectual property of Queira
Technologies. The User agrees not to
post any comments on Queira Technologies
Health feed that violate the
intellectual property of any other
person. Queira Technologies reserves the
right to remove any comments which it
may determine at its own discretion as
violating the intellectual property
rights of any other person. The User
agrees to absolve Queira Technologies
from and indemnify Queira Technologies
against all claims that may arise as a
result of any third party intellectual
property right claim that may arise from
the User’s uploading of any comment on
Queira Technologies Health feed.
3.7.11User agrees not to post any
comments which are defamatory, obscene,
objectionable or in nature and Queira
Technologies reserves the right to
remove any comments which it may
determine at its own discretion to
violate these Terms and Conditions or be
violative of any law or statute in force
at the time. The User agrees to absolve
Queira Technologies from and indemnify
Queira Technologies against all claims
that may arise as a result of any legal
claim arising from the nature of the
comments posted by the User on Queira
Technologies Health feed.
o 3.8CONTENT OWNERSHIP AND COPYRIGHT
CONDITIONS OF ACCESS
3.8.1The contents listed on the
Website are (i) User generated content,
or (ii) belong to Queira Technologies.
The information that is collected by
Queira Technologies directly or
indirectly from the End- Users and the
Practitioners shall belong to Queira
Technologies. Copying of the copyrighted
content published by Queira Technologies
on the Website for any commercial
purpose or for the purpose of earning
profit will be a violation of copyright
and Queira Technologies reserves its
rights under applicable law accordingly.
3.8.2Queira Technologies authorizes
the User to view and access the content
available on or from the Website solely
for ordering, receiving, delivering and
communicating only as per this
Agreement. The contents of the Website,
information, text, graphics, images,
logos, button icons, software code,
design, and the collection, arrangement
and assembly of content on the Website
(collectively, "Queira Technologies
Content"), are the property of Queira
Technologies and are protected under
copyright, trademark and other laws.
User shall not modify the Queira
Technologies Content or reproduce,
display, publicly perform, distribute,
or otherwise use the Queira Technologies
Content in any way for any public or
commercial purpose or for personal gain.
3.8.3User shall not access the
Services for purposes of monitoring
their availability, performance or
functionality, or for any other
benchmarking or competitive purposes.
• 3.9REVIEWS AND FEEDBACK
By using this Website, you agree that
any information shared by you with
Queira Technologies or with any
Practitioner will be subject to our
Privacy Policy.
You are solely responsible for the
content that you choose to submit for
publication on the Website, including
any feedback, ratings, or reviews
(“Critical Content”) relating to
Practitioners or other healthcare
professionals. The role of Queira
Technologies in publishing Critical
Content is restricted to that of an
‘intermediary’ under the Information
Technology Act, 2000. Queira
Technologies disclaims all
responsibility with respect to the
content of Critical Content, and its
role with respect to such content is
restricted to its obligations as an
‘intermediary’ under the said Act.
Queira Technologies shall not be liable
to pay any consideration to any User for
re-publishing any content across any of
its platforms.
Your publication of reviews and feedback
on the Website is governed by Clause 5
of these Terms. Without prejudice to the
detailed terms stated in Clause 5, you
hereby agree not to post or publish any
content on the Website that (a)
infringes any third-party intellectual
property or publicity or privacy rights,
or (b) violates any applicable law or
regulation, including but not limited to
the IG Rules and SPI Rules. Queira
Technologies, at its sole discretion,
may choose not to publish your reviews
and feedback, if so required by
applicable law, and in accordance with
Clause 5 of these Terms. You agree that
Queira Technologies may contact you
through telephone, email, SMS, or any
other electronic means of communication
for the purpose of:
. Obtaining feedback in relation to
Website or Queira Technologies’s
services; and/or
i. Obtaining feedback in relation to any
Practitioners listed on the Website;
and/or
ii. Resolving any complaints,
information, or queries by Practitioners
regarding your Critical Content;
and you agree to provide your fullest
co-operation further to such
communication by Queira Technologies.
Queira Technologies’s Feedback
Collection and Fraud Detection Policy,
is annexed as the Schedule hereto, and
remains subject always to these Terms.
• 3.10RECORDS
Queira Technologies may provide
End-Users with a free facility known as
‘Records’ on its mobile application
‘Queira Technologies’. Information
available in your Records is of two
types:
. User-created: Information uploaded by
you or information generated during your
interaction with Queira Technologies
ecosystem, eg: appointment, medicine
order placed by you.
i. Practice-created: Health Records
generated by your interaction with a
Practitioner who uses ‘Queira
Technologies Ray’ or other Services of
Queira Technologies software.
The specific terms relating to such
Health Account are as below, without
prejudice to the rest of these Terms and
the Privacy Policy:
o 3.10.1Your Records is only created
after you have signed up and explicitly
accepted these Terms.
o 3.10.2Any Practice created Health
Record is provided on an as-is basis at
the sole intent, risk and responsibility
of the Practitioner and Queira
Technologies does not validate the said
information and makes no representation
in connection therewith. You should
contact the relevant Practitioner in
case you wish to point out any
discrepancies or add, delete, or modify
the Health Record in any manner.
o 3.10.3The Health Records are provided
on an as-is basis. While we strive to
maintain the highest levels of service
availability, Queira Technologies is not
liable for any interruption that may be
caused to your access of the Services.
o 3.10.4The reminder provided by the
Records is only a supplementary way of
reminding you to perform your activities
as prescribed by your Practitioner. In
the event of any medicine reminders
provided by Queira Technologies, you
should refer to your prescription before
taking any medicines. Queira
Technologies is not liable if for any
reason reminders are not delivered to
you or are delivered late or delivered
incorrectly, despite its best efforts.
In case you do not wish to receive the
reminders, you can switch it off through
the Queira Technologies app.
o 3.10.5It is your responsibility to
keep your correct mobile number and
email ID updated in the Records. The
Health Records will be sent to the
Records associated with this mobile
number and/or email ID. Every time you
change any contact information (mobile
or email), we will send a confirmation.
Queira Technologies is not responsible
for any loss or inconvenience caused due
to your failure in updating the contact
details with Queira Technologies.
o 3.10.6Queira Technologies uses
industry–level security and encryption
to your Health Records. However, Queira
Technologies does not guarantee to
prevent unauthorized access if you lose
your login credentials or they are
otherwise compromised. In the event you
are aware of any unauthorized use or
access, you shall immediately inform
Queira Technologies of such unauthorized
use or access. Please safeguard your
login credentials and report any actual
suspected breach of account to
support@Queira Technologies.com.
o 3.10.7If you access your dependents’
Health Records by registering your
dependents with your own Records, you
are deemed to be responsible for the
Health Records of your dependents and
all obligations that your dependents
would have had, had they maintained
their own separate individual Records.
You agree that it shall be your sole
responsibility to obtain prior consent
of your dependent and shall have right
to share, upload and publish any
sensitive personal information of your
dependent. Queira Technologies assumes
no responsibility for any claim, dispute
or liability arising in this regard, and
you shall indemnify Queira Technologies
and its officers against any such claim
or liability arising out of unauthorized
use of such information.
o 3.10.8In case you want to delete your
Records, you can do so by contacting our
service support team. However only your
account and any associated Health
Records will be deleted, and your Health
Records stored by your Practitioners
will continue to be stored in their
respective accounts.
o 3.10.9You may lose your “User created”
record, if the data is not synced with
the server.
o 3.10.10If the Health Record is
unassessed for a stipulated time, you
may not be able to access your Health
Records due to security reasons.
o 3.10.11Queira Technologies is not
liable if for any reason, Health Records
are not delivered to you or are
delivered late despite its best efforts.
o 3.10.12The Health Records are shared
with the phone numbers that are provided
by your Practitioner. Queira
Technologies is not responsible for
adding the Heath Records with incorrect
numbers if those incorrect numbers are
provided by the Practitioner.
o 3.10.13Queira Technologies is not
responsible or liable for any content,
fact, Health Records, medical deduction
or the language used in your Health
Records whatsoever. Your Practitioner is
solely responsible and liable for your
Health Records and any information
provided to us including but not limited
to the content in them.
o 3.10.14Queira Technologies has the
ability in its sole discretion to
retract Health Records without any prior
notice if they are found to be shared
incorrectly or inadvertently.
o 3.10.15Queira Technologies will follow
the law of land in case of any
constitutional court or jurisdiction
mandates to share the Health Records for
any reason.
o 3.10.16You agree and acknowledge that
Queira Technologies may need to access
the Health Record for cases such as any
technical or operational issue of the
End User in access or ownership of the
Records.
o 3.10.17You acknowledge that the
Practitioners you are visiting may
engage Queira Technologies's software or
third party software for the purposes of
the functioning of the Practitioner’s
business and Queira Technologies's
services including but not limited to
the usage and for storage of Records (as
defined in Section 3.10) in India and
outside India, in accordance with the
applicable laws.
o 3.10.18To the extent that your Records
have been shared with Queira
Technologies or stored on any of the
Queira Technologies products used by
Practitioner’s you are visiting, and may
in the past have visited, You hereby
agree to the storage of your Records by
Queira Technologies pertaining to such
previously visited clinics and hospitals
who have tie ups with Queira
Technologies for the purposes of their
business and for Queira Technologies's
services including but not limited to
the usage and for storage of Records (as
defined in Section 3.10) in India and
outside India, in accordance with the
applicable laws and further agree, upon
creation of your account with Queira
Technologies, to the mapping of such
Records as may be available in Queira
Technologies’s database to your User
account.
• 3.11QUEIRA TECHNOLOGIES MEDICINE
INFORMATION
For detailed terms and conditions
regarding medicine information click
here.
• 4. TERMS OF USE PRACTITIONERS
The terms in this Clause 4 are
applicable only to Practitioners.
o 4.1 LISTING POLICY
4.1.1Queira Technologies, directly and
indirectly, collects information
regarding the Practitioners’ profiles,
contact details, and practice. Queira
Technologies reserves the right to take
down any Practitioner’s profile as well
as the right to display the profile of
the Practitioners, with or without
notice to the concerned Practitioner.
This information is collected for the
purpose of facilitating interaction with
the End-Users and other Users. If any
information displayed on the Website in
connection with you and your profile is
found to be incorrect, you are required
to inform Queira Technologies
immediately to enable Queira
Technologies to make the necessary
amendments.
4.1.2Queira Technologies shall not be
liable and responsible for the ranking
of the Practitioners on external
websites and search engines
4.1.3Queira Technologies shall not be
responsible or liable in any manner to
the Users for any losses, damage,
injuries or expenses incurred by the
Users as a result of any disclosures or
publications made by Queira
Technologies, where the User has
expressly or implicitly consented to the
making of disclosures or publications by
Queira Technologies. If the User had
revoked such consent under the terms of
the Privacy Policy, then Queira
Technologies shall not be responsible or
liable in any manner to the User for any
losses, damage, injuries or expenses
incurred by the User as a result of any
disclosures made by Queira Technologies
prior to its actual receipt of such
revocation.
4.1.4Queira Technologies reserves the
right to moderate the suggestions made
by the Practitioners through feedback
and the right to remove any abusive or
inappropriate or promotional content
added on the Website. However, Queira
Technologies shall not be liable if any
inactive, inaccurate, fraudulent, or
non- existent profiles of Practitioners
are added to the Website.
4.1.5Practitioners explicitly agree
that Queira Technologies reserves the
right to publish the Content provided by
Practitioners to a third party including
content platforms.
4.1.6When you are listed on Queira
Technologies.com, End-Users may see a
‘show number’ option. When End-Users
choose this option, they choose to call
your number through a free telephony
service provided by Queira Technologies,
and the records of such calls are
recorded and stored in Queira
Technologies’s servers. Such records are
dealt with only in accordance with the
terms of the Privacy Policy. Such call
facility provided to End-Users and to
you by Queira Technologies should be
used only for appointment and booking
purposes, and not for consultation on
health-related issues. Queira
Technologies accepts no liability if the
call facility is not used in accordance
with the foregoing.
4.1.7You as a Practitioner hereby
represent and warrant that you will use
the Services in accordance with
applicable law. Any contravention of
applicable law as a result of your use
of these Services is your sole
responsibility, and Queira Technologies
accepts no liability for the same.
o 4.2PROFILE OWNERSHIP AND EDITING
RIGHTS
Queira Technologies ensures easy access
to the Practitioners by providing a tool
to update your profile information.
Queira Technologies reserves the right
of ownership of all the Practitioner’s
profile and photographs and to moderate
the changes or updates requested by
Practitioners. However, Queira
Technologies takes the independent
decision whether to publish or reject
the requests submitted for the
respective changes or updates. You
hereby represent and warrant that you
are fully entitled under law to upload
all content uploaded by you as part of
your profile or otherwise while using
Queira Technologies’s services, and that
no such content breaches any third party
rights, including intellectual property
rights. Upon becoming aware of a breach
of the foregoing representation, Queira
Technologies may modify or delete parts
of your profile information at its sole
discretion with or without notice to
you.
o 4.3REVIEWS AND FEEDBACK DISPLAY RIGHTS
OF QUEIRA TECHNOLOGIES
4.3.1All Critical Content is content
created by the Users of www.Queira
Technologies.com (“Website”) and the
clients of Queira Technologies customers
and Practitioners, including the
End-Users. As a platform, Queira
Technologies does not take
responsibility for Critical Content and
its role with respect to Critical
Content is restricted to that of an
‘intermediary’ under the Information
Technology Act, 2000. The role of Queira
Technologies and other legal rights and
obligations relating to the Critical
Content are further detailed in Clauses
3.9 and 5 of these Terms. Queira
Technologies’s Feedback Collection and
Fraud Detection Policy, is annexed as
the Schedule hereto, and remains subject
always to these Terms.
4.3.2Queira Technologies reserves the
right to collect feedback and Critical
Content for all the Practitioners,
Clinics and Healthcare Providers listed
on the Website.
4.3.3Queira Technologies shall have no
obligation to pre-screen, review, flag,
filter, modify, refuse or remove any or
all Critical Content from any Service,
except as required by applicable law.
4.3.4You understand that by using the
Services you may be exposed to Critical
Content or other content that you may
find offensive or objectionable. Queira
Technologies shall not be liable for any
effect on Practitioner’s business due to
Critical Content of a negative nature.
In these respects, you may use the
Service at your own risk. Queira
Technologies however, as an
‘intermediary, takes steps as required
to comply with applicable law as regards
the publication of Critical Content. The
legal rights and obligations with
respect to Critical Content and any
other information sought to be published
by Users are further detailed in Clauses
3.9 and 5 of these Terms.
4.3.5Queira Technologies will take
down information under standards
consistent with applicable law, and
shall in no circumstances be liable or
responsible for Critical Content, which
has been created by the Users. The
principles set out in relation to third
party content in the terms of Service
for the Website shall be applicable
mutatis mutandis in relation to Critical
Content posted on the Website.
4.3.6If Queira Technologies determines
that you have provided inaccurate
information or enabled fraudulent
feedback, Queira Technologies reserves
the right to immediately suspend any of
your accounts with Queira Technologies
and makes such declaration on the
website alongside your name/your clinics
name as determined by Queira
Technologies for the protection of its
business and in the interests of Users.
o 4.4RELEVANCE ALGORITHM
Queira Technologies has designed the
relevance algorithm in the best interest
of the End-User and may adjust the
relevance algorithm from time to time to
improve the quality of the results given
to the patients. It is a pure merit
driven, proprietary algorithm which
cannot be altered for specific
Practitioners. Queira Technologies shall
not be liable for any effect on the
Practitioner’s business interests due to
the change in the Relevance Algorithm.
o 4.5INDEPENDENT SERVICES
Your use of each Service confers upon
you only the rights and obligations
relating to such Service, and not to any
other service that may be provided by
Queira Technologies.
o 4.6QUEIRA TECHNOLOGIES REACH RIGHTS
Queira Technologies reserves the rights
to display sponsored ads on the Website.
These ads would be marked as “Sponsored
ads”. Without prejudice to the status of
other content, Queira Technologies will
not be liable for the accuracy of
information or the claims made in the
Sponsored ads. Queira Technologies does
not encourage the Users to visit the
Sponsored ads page or to avail any
services from them. Queira Technologies
will not be liable for the services of
the providers of the Sponsored ads.
You represent and warrant that you will
use these Services in accordance with
applicable law. Any contravention of
applicable law as a result of your use
of these Services is your sole
responsibility, and Queira Technologies
accepts no liability for the same.
o 4.7 QUEIRA TECHNOLOGIES HEALTH FEED
4.7.1Queira Technologies health feed
is an online content platform available
on the website, wherein Practitioners
who have a Queira Technologies profile
and Users who have a health account can
login and post health and wellness
related content.
4.7.2A Practitioner can use health
feed by logging in from their profile,
creating original content comprising
text, audio, video, images data or any
combination of the same (“as defined in
Clause 3.7.2”), and uploading said
Content to Queira Technologies’s
servers. The Practitioner can upload
their own images or choose an image from
the gallery that Queira Technologies
provides. Queira Technologies shall post
such Content to Queira Technologies
health feed at its own option and
subject to these Terms and Conditions.
The Content uploaded via Queira
Technologies health feed does not
constitute medical advice and may not be
construed as such by any person.
4.7.3The Practitioner acknowledges
that they are the original authors and
creators of any Content or comments
uploaded by them via Queira Technologies
health feed and that no Content or
comment uploaded by them would
constitute infringement of the
intellectual property rights of any
other person. Queira Technologies
reserves the right to remove any Content
or comment which it may determine at its
own discretion as violating the
intellectual property rights of any
other person. The Practitioner agrees to
absolve Queira Technologies from and
indemnify Queira Technologies against
all claims that may arise as a result of
any third party intellectual property
right claim that may arise from the
Practitioner’s uploading of any Content
on Queira Technologies health feed. The
Practitioner also agrees to absolve
Queira Technologies from and indemnify
Queira Technologies against all claims
that may arise as a result of any third
party intellectual property claim if the
Practitioner downloads an image from
Queira Technologies’s gallery and
utilizes it for his/her personal or
commercial gain.
4.7.4The Practitioner hereby assigns
to Queira Technologies, in perpetuity
and worldwide, all intellectual property
rights in any Content or comment created
by the Practitioner and uploaded by the
Practitioner via Queira Technologies
health feed.
4.7.5Queira Technologies shall have
the right to edit or remove the Content
and any comments in such manner as it
may deem fit at any time.
4.7.6The Practitioner may also use
Queira Technologies health feed in order
to view original content created by
Users or other Practitioners and also
create and upload comments on such
Content including their own content
where allowed.
4.7.7Practitioner acknowledges that
the content on Queira Technologies
health feed reflects the views and
opinions of the authors of such content
and does not necessarily reflect Queira
Technologies’s views.
4.7.8Practitioner agrees not to post
any comments or upload any Content which
are defamatory, obscene, objectionable
or in nature and Queira Technologies
reserves the right to remove any
comments which it may determine at its
own discretion to violate these Terms
and Conditions or be violative of any
law or statute in force at the time. The
Practitioner agrees to absolve Queira
Technologies from and indemnify Queira
Technologies against all claims that may
arise as a result of any legal claim
arising from the nature of the Content
or the comments posted by the
Practitioner on Queira Technologies
health feed
o 4.8QUEIRA TECHNOLOGIES MEDICINE
INFORMATION
For detailed terms and conditions
regarding medicine information click
here.
o 4.9 BOOK APPOINTMENT AND CALL FACILITY
4.9.1As a valuable partner on our
platform we want to ensure that the
Practitioners experience on the Queira
Technologies booking platform is
beneficial to both, Practitioners and
their Users.
For all terms and conditions of Book
facility on Queira Technologies profile
check Book Standards .
4.9.2Practitioner understands that,
Queira Technologies shall not be liable,
under any event, for any comments or
feedback given by any of the Users in
relation to the Services provided by
Practitioner. The option of publishing
or modifying or moderating or masking
(where required by law or norm etc.) the
feedback provided by Users shall be
solely at the discretion of Queira
Technologies.
• 5.RIGHTS AND OBLIGATIONS RELATING TO
CONTENT
o 5.1As mandated by Regulation 3(2) of
the IG Rules, Queira Technologies hereby
informs Users that they are not
permitted to host, display, upload,
modify, publish, transmit, update or
share any information that:
i. belongs to another person and to
which the User does not have any right
to;
ii. is grossly harmful, harassing,
blasphemous, defamatory, obscene,
pornographic, pedophilic, libelous,
invasive of another's privacy, hateful,
or racially, ethnically objectionable,
disparaging, relating or encouraging
money laundering or gambling, or
otherwise unlawful in any manner
whatever;
iii. harm minors in any way;
iv. infringes any patent, trademark,
copyright or other proprietary rights;
v. violates any law for the time being
in force;
vi. deceives or misleads the addressee
about the origin of such messages or
communicates any information which is
grossly offensive or menacing in nature;
vii. impersonate another person;
viii. contains software viruses or any
other computer code, files or programs
designed to interrupt, destroy or limit
the functionality of any computer
resource;
ix. threatens the unity, integrity,
defence, 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.
o 5.2Users are also prohibited from:
. violating or attempting to violate the
integrity or security of the Website or
any Queira Technologies Content;
i. 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 Queira
Technologies;
ii. intentionally submitting on the
Website any incomplete, false or
inaccurate information;
iii. making any unsolicited
communications to other Users;
iv. 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;
v. attempting to decipher, decompile,
disassemble or reverse engineer any part
of the Website;
vi. copying or duplicating in any manner
any of the Queira Technologies Content
or other information available from the
Website;
vii. framing or hot linking or deep
linking any Queira Technologies Content.
viii. circumventing or disabling any
digital rights management, usage rules,
or other security features of the
Software.
o 5.3Queira Technologies, upon obtaining
knowledge by itself or been brought to
actual knowledge by an affected person
in writing or through email signed with
electronic signature about any such
information as mentioned above, shall be
entitled to disable such information
that is in contravention of Clauses 5.1
and 5.2. Queira Technologies shall also
be entitled to preserve such information
and associated records for at least 90
(ninety) days for production to
governmental authorities for
investigation purposes.
o 5.4In case of non-compliance with any
applicable laws, rules or regulations,
or the Agreement (including the Privacy
Policy) by a User, Queira Technologies
has the right to immediately terminate
the access or usage rights of the User
to the Website and Services and to
remove non-compliant information from
the Website.
o 5.5Queira Technologies may disclose or
transfer User-generated information to
its affiliates or governmental
authorities in such manner as permitted
or required by applicable law, and you
hereby consent to such transfer. The SPI
Rules only permit Queira Technologies to
transfer sensitive personal data or
information including any information,
to any other body corporate or a person
in India, or located in any other
country, that ensures the same level of
data protection that is adhered to by
Queira Technologies as provided for
under the SPI Rules, only if such
transfer is necessary for the
performance of the lawful contract
between Queira Technologies or any
person on its behalf and the User or
where the User has consented to data
transfer.
o Queira Technologies respects the
intellectual property rights of others
and we do not hold any responsibility
for any violations of any intellectual
property rights
• 6.TERMINATION
o 6.1Queira Technologies reserves the
right to suspend or terminate a User’s
access to the Website and the Services
with or without notice and to exercise
any other remedy available under law, in
cases where,
. Such User breaches any terms and
conditions of the Agreement;
i. A third party reports violation of
any of its right as a result of your use
of the Services;
ii. Queira Technologies is unable to
verify or authenticate any information
provide to Queira Technologies by a
User;
iii. Queira Technologies has reasonable
grounds for suspecting any illegal,
fraudulent or abusive activity on part
of such User; or
iv. Queira Technologies believes in its
sole discretion that User’s actions may
cause legal liability for such User,
other Users or for Queira Technologies
or are contrary to the interests of the
Website.
o 6.2Once temporarily suspended,
indefinitely suspended or terminated,
the User may not continue to use the
Website under the same account, a
different account or re-register under a
new account. On termination of an
account due to the reasons mentioned
herein, such User shall no longer have
access to data, messages, files and
other material kept on the Website by
such User. The User shall ensure that
he/she/it has continuous backup of any
medical services the User has rendered
in order to comply with the User’s
record keeping process and practices.
• 7.LIMITATION OF LIABILITY
In no event, including but not limited
to negligence, shall Queira
Technologies, or any of its directors,
officers, employees, agents or content
or service providers (collectively, the
“Protected Entities”) be liable for any
direct, indirect, special, incidental,
consequential, exemplary or punitive
damages arising from, or directly or
indirectly related to, the use of, or
the inability to use, the Website or the
content, materials and functions related
thereto, the Services, User’s provision
of information via the Website, lost
business or lost End-Users, even if such
Protected Entity has been advised of the
possibility of such damages. In no event
shall the Protected Entities be liable
for:
. provision of or failure to provide all
or any service by Practitioners to End-
Users contacted or managed through the
Website;
i. any content posted, transmitted,
exchanged or received by or on behalf of
any User or other person on or through
the Website;
ii. any unauthorized access to or
alteration of your transmissions or
data; or
iii. any other matter relating to the
Website or the Service.
In no event shall the total aggregate
liability of the Protected Entities 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
this Agreement or a User’s use of the
Website or the Services exceed, in the
aggregate Rs. 1000/- (Rupees One
Thousand Only).
• 8.RETENTION AND REMOVAL
Queira Technologies may retain such
information collected from Users from
its Website or Services for as long as
necessary, depending on the type of
information; purpose, means and modes of
usage of such information; and according
to the SPI Rules. Computer web server
logs may be preserved as long as
administratively necessary.
• 9.APPLICABLE LAW AND DISPUTE
SETTLEMENT
o 9.1You agree that this Agreement and
any contractual obligation between
Queira Technologies and User will be
governed by the laws of India.
o 9.2Any dispute, claim or controversy
arising out of or relating to this
Agreement, including the determination
of the scope or applicability of this
Agreement to arbitrate, or your use of
the Website or the Services or
information to which it gives access,
shall be determined by arbitration in
India, before a sole arbitrator
appointed by Queira Technologies.
Arbitration shall be conducted in
accordance with the Arbitration and
Conciliation Act, 1996. The seat of such
arbitration shall be Bangalore. All
proceedings of such arbitration,
including, without limitation, any
awards, shall be in the English
language. The award shall be final and
binding on the parties to the dispute.
o 9.3Subject to the above Clause 9.2,
the courts at Bengaluru shall have
exclusive jurisdiction over any disputes
arising out of or in relation to this
Agreement, your use of the Website or
the Services or the information to which
it gives access.
• 10.CONTACT INFORMATION GRIEVANCE
OFFICER
o 10.1If a User has any questions
concerning Queira Technologies, the
Website, this Agreement, the Services,
or anything related to any of the
foregoing, Queira Technologies customer
support can be reached at the following
email address: support@Queira
Technologies.com or via the contact
information available from the following
hyperlink: www.Queira
Technologies.com/contact.
o 10.2In accordance with the Information
Technology Act, 2000, and the rules made
there under, if you have any grievance
with respect to the Website or the
service, including any discrepancies and
grievances with respect to processing of
information, you can contact our
Grievance Officer at: Name: Sowmya
Sudarshan Designation: Head – Customer
Experience Address: 4th Floor, Abhaya
Heights, Bannerghatta Road, Bangalore,
India- 560078 Email: support@Queira
Technologies.com Telephone:
+91-8880588999 (Ask to be connected to
the Grievance Officer) In the event you
suffer as a result of access or usage of
our Website by any person in violation
of Rule 3 of the IG Rules, please
address your grievance to the above
person.
• 11.SEVERABILITY
If any provision of the Agreement is
held by a court of competent
jurisdiction or arbitral tribunal to be
unenforceable under applicable law, then
such provision shall be excluded from
this Agreement and the remainder of the
Agreement shall be interpreted as if
such provision were so excluded and
shall be enforceable in accordance with
its terms; provided however that, in
such event, the Agreement shall be
interpreted so as to give effect, to the
greatest extent consistent with and
permitted by applicable law, to the
meaning and intention of the excluded
provision as determined by such court of
competent jurisdiction or arbitral
tribunal.
• 12.WAIVER
No provision of this Agreement shall be
deemed to be waived and no breach
excused, unless such waiver or consent
shall be in writing and signed by Queira
Technologies. Any consent by Queira
Technologies to, or a waiver by Queira
Technologies of any breach by you,
whether expressed or implied, shall not
constitute consent to, waiver of, or
excuse for any other different or
subsequent breach.
YOU HAVE READ THESE TERMS OF USE AND
AGREE TO ALL OF THE PROVISIONS CONTAINED
ABOVE