Terms & Conditions of physiosoftware
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Applicability of Terms
Please carefully go through these Terms and Conditions and the Privacy Policy available at https://physiosoftware.in/ . The Platforms are owned, managed, and operated by AOM Web Designer having its registered office at E-1218, GANESH GLORY, 11, Jagatpur Rd, off Sarkhej - Gandhinagar Highway, near BSNL Zonal Office, Gota, Ahmedabad, Gujarat 382470 - (hereinafter referred as "us"/ "we"/ "physiosoftware"/ "Company"). These Terms and Conditions constitute a legal agreement ("Agreement") between you and physiosoftware in connection with your visit to the Website and/or usage of the application "physiosoftware" and your use of the Services (as defined below).
The Agreement applies to you whether you are:
- A Physiotherapist (whether an individual professional or an organization) wishing to be listed, or already listed, on the Website including designated, authorized associates/staff of such practitioners or institutions ("Practitioner(s)", "you" and "User"); or
- The practitioner is to note that the services offered by physiosoftware may change from time to time, at the sole discretion of the company, and the Agreement will apply to all your patient visits through physiosoftware, 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 elucidates the manner in which your account shall be treated 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 aomwebdesigner@gmail.com.
By downloading or accessing the Website to use the Services, you irrevocably accept all the conditions stipulated in this Agreement 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. You also agree to periodically visit our website aomwebdesigner.com and stay abreast of the updated terms and conditions periodically.
We reserve the right to modify or terminate any portion of the Agreement (including without limitation, pricing and payment terms) for any reason and at any time, and such modifications shall be informed to you in writing on this page and 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 physiosoftware.
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Conditions of Use
The Service offered by physiosoftware are designed to assist Physiotherapist (or any related medical practitioner) and his team members to store, review and track health information and treatment of the patients who visits their clinic or hospitals for various therapy. The Platform and Services are designed to allow the Physiotherapist and his team to seamlessly access their Patient Data and treatment history via the Platform. We endeavour to provide a functional and convenient services through our platform, but we do not guarantee that your web browser or mobile device will be compatible with the Platforms or the services or that the Platforms and services will be available uninterrupted or that any content will be error free. physiosoftware is not responsible for any interruption in services or availability of Platforms due to, but not limited to changes or updates in individual clinic's practice, network failure or any other technical incident.
The Platforms may collect and store demographic, financial, health records and any other type of information that you may provide. This information is collected stored and processed as per our privacy policy published on the Platforms. The Practitioners represent and warrant that they have taken the appropriate consent from patients before storing or sharing with any third parties. Any of the Patients' information including but not limited to personally identifiable information contact information, health records, demographic information and medical history etc.
The Patients, by accessing the Platforms, consent and agree that the Platform may store their personal information including but not limited to contact information, health records, demographic information and medical history. The Platform may use this information for purposes as per our privacy policy published on the Platforms.
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Platform On-Board Process
As part of the Platform On-boarding process, you will need to create an account, including a username and password, it will be your hospital or clinic' admin user account. Admin User can create further hospital member's accounts. It is your responsibility to ensure that the information you provide is accurate, not misleading and secure. You shall be responsible for keeping your credentials in safe custody. physiosoftware will not be liable for any losses or claims arising out of misuse of Platforms or Services accessed with your credentials. You cannot create an account or username and password using the names and information of another person or using words that are the trademarks or the property of another party (including ours), or vulgar, obscene or in any other way inappropriate. We reserve the right with or without notice to suspend or terminate any account in breach. Doctors represent and warrant that they are licensed medical practitioners registered with the Medical Council of India (MCI) and there are no legal or regulatory impediments which prevent you from practising medicine in India.
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Responsibilities of the User/Practitioner
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The User also ensures that all info provided by him/her is true to the best of their knowledge and in case any of the above information is found to be false or untrue or misleading or misrepresenting the practitioner can be held liable for it.
Practitioner hereby represents and warrants that he/she :- is qualified to provide medical services within the territory of India;
- has obtained all licenses as required by law to provide medical services and has not committed any act or omission that might prejudice its continuance or renewal; and
- has provided physiosoftware true, accurate, complete and up to date details about their qualification and credentials.
- also agrees to provide any other compliance related information or data as required by law or by physiosoftware for better services to uses from time to time.
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Practitioner agrees that he/she shall not disclose any information or documentation provided by a User to any other person, nor shall he/she allow, by act or omission, such information or documentation to be acquired by any other person. Strict adherence to industry standards and physiosoftware Privacy Policy is assured by the User at all times. physiosoftware shall not be responsible and shall stand indemnified for any breach in this regard by the User.
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The User is expected to maintain confidentiality with regards to all past/present/future medical data of the patient in question and must use this data only for instances that benefit the concerned patient medically.
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Practitioner shall be liable to indemnify and hold physiosoftware harmless from and against all actions, claims, damages, losses and expenses, including court costs and reasonable attorneys' fees, arising out of or resulting from any breach, default, contravention, non-observance, non-performance, improper performance of any of its obligations or the terms, conditions, covenants and provisions contained in this Terms of Use.
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The User clearly accepts that all such suggestions are recommendatory in nature and he/she are at full liberty to override any or all of these suggestions as he/she deem fit as considered necessary for the patient safety and welfare.
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Non-Disclosure by physiosoftware
The Company shall not share the Data with other clinics or hospitals and the Company shall not engage in any related activity. physiosoftware will store the Data on a secure cloud infrastructure and/or third-party servers chosen by physiosoftware. physiosoftware is committed to protecting the identity of the Users.
The following security procedures have been put in place by us to protect Data:
- Access to the Services is only after the user keys in his username and password. The username and password have to be successfully authenticated post which the access to the Platforms and Services is granted. Users are fully and solely responsible for any or all use of the Platforms or the Services while accessing these using the username and password (upon successful authentication).
- To prevent impersonation, your password is never stored in plain text format on any of our servers.
- The communication between your device and our servers will be through a secure HTTPS connection.
- A secure session is established with the help of a session token for providing access to the Patient Data after the Doctors or the Staff have successfully authenticated their username and password
- Role based access to platform depending on the roles assigned by the Doctor to his/her Staff
- We reserve the right to access, read, preserve, and disclose any information that we reasonably
believe
is necessary
to comply with law or court order; enforce or apply our conditions of use and other agreements; or
protect the rights,
property, or safety of Company, our employees, our Users, or others. This includes exchanging
information with other
companies and organisations for fraud protection and risk reduction. The Company may also use the
data
in de-identified
and aggregated form for the following purposes without violating the relevant data privacy and data
security laws of
India.
- for debugging customer support related issues,
- for communicating about new Services and offerings by the Company or its partners with the Users
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Termination
physiosoftware 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;
- A third-party reports violation of any of its right as a result of your use of the Services;
- physiosoftware is unable to verify or authenticate any information provide to physiosoftware by a User;
- physiosoftware has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User; or
- physiosoftware believes in its sole discretion that User's actions may cause legal liability for such User, other Users or for physiosoftware or are contrary to the interests of the Website.
Once 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. physiosoftware, at its discretion, will make reasonable efforts to help you take a backup of your data in a suitable electronic format.
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Disclaimer
The Platforms (Including, without limitation, any content) are Provided "As is" and "As Available" and is without warranty of any kind, express or implied, including, but not limited to, The implied warranties of title, non-infringement, Merchantability and fitness for a Particular purpose, and any warranties implied by any Course of Performance or usage of trade, All of which are expressly disclaimed. physiosoftware and its Directors, Employees, Agents, Suppliers, Sponsors and Partners do not warrant that:
- The Service will be secure or available at any particular time or location;
- Any defects or errors will be corrected;
- Any content or software available at or through the service is free of viruses or other harmful components; or
- The Results of using the service will meet your requirements. Your use of the service is solely at your own risk.
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Limitation of Liability
In no event, including but not limited to negligence, shall physiosoftware, 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.
- any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Website;
- any unauthorized access to or alteration of your transmissions or data; or
- 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).
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Retention
physiosoftware 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 Sensitive Personal Data or Information Rules. Computer web server logs may be preserved as long as administratively necessary.
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Applicable Law & Dispute settlement
You agree that this Agreement and any contractual obligation between physiosoftware and User will be governed by the laws of India.
Any 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 Services or information to which it gives access, shall be determined by arbitration in India, before a sole arbitrator appointed by physiosoftware. The seat of such arbitration shall be Rajkot, India. The award shall be final and binding on the parties to the dispute.
Subject to the above Claus, the courts at Rajkot, India shall have exclusive jurisdiction over any disputes arising out of or in relation to this Agreement, your use of the Website Services or the information to which it gives access.
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Contact Information Grievance Officer
If a User has any questions concerning physiosoftware, the Website, this Agreement, the Services, or anything related to any of the foregoing, physiosoftware customer support can be reached at the following email address: aomwebdesigner@gmail.com or via the contact information available from our website aomwebdesigner.com/
In 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: Jigar patel, Co-Founder, Ahmedabad. Phone:(+91) 9099658889.
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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 arbitratorl tribunal.
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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 physiosoftware. Any consent by physiosoftware to, or a waiver by physiosoftware 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.
This Terms and Conditions was last updated on may 30, 2024 and is deemed effective as of this date.