TERMS OF USE

1.      Introduction

1.1.   The primary objective of Catex Medicare Pvt. Ltd. under their brand name Catex Health is to provide technology services to doctors and patients that will ensure that patients are able to access the right treatment at the right cost, improve clinical outcomes and their health.

1.2.   These terms and conditions of use have been created to protect the interests of all stakeholders including patients, doctors, website visitors and other users of these services. These terms of use will apply to all your actions on the Catex Health websites, mobile applications and other related services provided by the company.

1.3.   All users including doctors and patients must agree with these terms that are available on the website.

2.      Agreement

2.1.   All users while registering, accessing, or using our Services agree to enter into a legally binding contract with Catex Medicare.

2.2.   Any users that do not agree to these Terms may not register, access, or otherwise use any of the services provided by Catex Medicare.

2.3.   A hospital must accept these terms and conditions on behalf of their doctors and registered medical practitioners along with proper documentation that provides them with the legal authorisation to do so.

2.4.   These Terms along with the other policies and terms mentioned in this document constitute the entire agreement between Catex Medicare and its users.

2.5.   Any delay or failure in exercising its rights by Catex Medicare does not result in the waiving of these rights under these Terms, and they may be enforced at any time in the future.

2.6.   All patients and buyers of services acknowledge and confirm that Catex Medicare shall not be held liable for the treatment and advice provided by the registered medical practitioner chosen by them.

2.7.   All users understand and agree that all interactions and associated transactions between them are exclusive to a doctor-patient relationship contract between them and the doctor. Catex Medicare will not be privy to the doctor-patient relationship and is in no manner responsible for the medical advice, clinical outcomes and service issues resulting and outcomes from the doctor-patient contract.

 

3.      Accounts

3.1.   Every user of the Catex Medicare services will need to create their account on the Catex Medicare platform which is password protected. It is the responsibility of the account holder to maintain confidentiality of their account and ensure that the passwords are not shared or misused. Catex Medicare will not be responsible for any damages accruing to the account holders on account of the password leakage or misuse at their end.

3.2.   It is the account holders responsibility to provide accurate information while setting up their accounts and they will be solely responsible for any or all consequences of such information.

3.3.   These accounts are not transferable.

3.4.   Young people below the age of 18 are considered as minors and cannot enter any contract, hence are not eligible to open an account on Catex Medicare. However, their parents or legal guardians can open an account on their behalf.

3.5.   Any violation of this will result in termination of the said account by Catex Medicare as soon as it is brought to their attention.

3.6.   Any account holder can terminate their account at any time, by sending an email request to admin@catexhealth.com

Payments

3.7.   All payments will be received online through the integrated payment gateway in the Catex Medicare website. Catex Medicare is not responsible for any problems arising from the use of the payment gateway which is not under their control. In case the consumer /payor/patient is not satisfied with the service they can ask for a refund as per the refund policy (clause 6).

4.      Pricing

4.1.   All prices are listed in INR.

4.2.   All government taxes and levies including sales tax, goods and services tax, or value added tax will be charges as applicable. Catex Medicare will collect and remit such taxes tax to the proper tax authorities.

5.      Payments

5.1.   Buyers of services agree to pay the charges for consultation or other services and authorize Catex Medicare to charge their debit or credit card or process other means of payment (direct debit, or mobile wallet) for that fees.

5.2.   While purchasing a service patients/buyers must agree not to use an invalid or unauthorized payment method. In case the payment method fails and the patients/buyer still avails the service, they agree to pay Catex Medicare the corresponding fees within thirty (30) days of notification. In case payment is not received, Catex Medicare reserves the right to disable access to the users account.

6.      Refund policy

6.1.   Any buyer of the services can ask for refund of payment in case they are not satisfied by the service within 24 hours of availing the service. Catex Medicare will refund the amount without raising any queries as under:

100% after deduction of payment gateway charges

After 24 hours No refund will be paid

6.2.   To request a refund, please write a mail to accounts@catexhealth.com with all details of the transaction and the service paid for.

6.3.   All users including registered medical practitioners, patients and buyers of the services must agree with the refund policy stated above.

6.4.   In case Catex Medicare discovers that the patient or buyer is abusing the refund policy, then at their own discretion Catex Medicare may suspend or disable their account after providing proper notice. In such case the patient or buyer will not be entitled for any refund.

 

7.      Using Catex Medicare at Own Risk

7.1.    All users including medical professionals, registered medical professionals, patients and other users who access the Catex Medicare platform, website or any other service do so at their own risk.

7.2.    Catex Medicare does not assert editorial control, review or edit content available on the website and hence does not guarantee in any manner the reliability, validity, accuracy, or truthfulness of the content.

7.3.    All patients and payors of medical services do so on  the basis of the information provided by the doctor or registered medical practitioner at their own risk.

7.4.    Catex Medicare does not hire or employ doctors or registered medical practitioners and hence is not responsible or liable for any interactions involved between them and the patients.

7.5.    Catex Medicare is not party or liable for disputes, claims, losses, injuries, or damage of any kind that might arise out of or relate to the conduct of doctors or registered medical practitioners or patients.

7.6.   Catex Medicare website provides links to resources that are available on other websites for reference purposes but is not responsible for their content or any other aspect of these third-party sites. All users are cautioned to use adequate due diligence while accessing and using these websites.

7.7.   While Catex Medicare endeavours to protect any information uploaded or shared by you on the Website, Catex Medicare will not be held liable or responsible for any loss or damage to such information stored by Catex Medicare. It is your responsibility to ensure that your information, medical or otherwise has been backed-up and stored by you on your hard-drive or other appropriate back-up/storage device.

7.8.     Catex Medicare agrees that it will maintain confidentiality of patient information data and will not share it with any third party without the consent of the patient or the hospital or the registered medical practitioner.

 

8.      The rights of Catex Medicare

8.1.     The Catex Medicare platform and Services, including the website, present or future apps and services, logos, API, code, and content created by employees except content provided by the Registered Medical Practitioners is owned by Catex Medicare Pvt. Ltd.

8.2.         Any unauthorized use or tampering is not allowed and Catex Medicare reserves the right to take legal measure to protect itself from all such violations.

8.3.       No patient, doctor, registered medical professional, website visitor has any right to use the Catex Medicare name or trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions provided is entirely voluntary and Catex Medicare reserves the right to use these in any way it deems any obligation to the providers of such information.

8.4.         The following actions are not allowed and Catex Medicare will initiate legal action to protect its interests in case any user is found to be indulging in such actions and activities:

·         Unauthorised access and  tampering with the backend of the platform (including content storage), computer systems or delivery systems of Catex Medicare .

·         Disabling, interfering with, or trying to circumvent the security features or probing, scanning and testing the vulnerability of our systems.

·         Copying, modifying, reverse engineering, reverse assembling including any  attempt to discover the source code or content on the Catex Medicare platform or its Services.

·         Accessing, scrapping, using a spider or  robot, or using any other automated means to access the Services of Catex Medicare

·       Impersonating ,sending false information or disrupting the access of any user, host, or network, including sending a virus, overloading, flooding, spamming, or mail-bombing the platforms or in any other manner that will interfere with ability of the Catex Medicare platform to provide its services.

9.      Disclaimers

9.1.    The services on Catex Medicare are provided on an “as is” and “as available” basis. Catex Medicare makes no representations or warranties about the suitability, reliability, availability, timeliness, security, lack of errors, or accuracy of the Services or their content, and expressly disclaim any warranties or conditions (express or implied), including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

9.2.     Catex Medicare makes no warranty that users will obtain specific results from use of the Services.

9.3.     Users use of the Services (including any content) is entirely at their own risk.

9.4.     Catex Medicare reserves the right to stop certain services or certain features of the Services at any time and for any reason.

9.5.     Catex Medicare will not be liable for any damages due to such interruptions or lack of availability of some features.

9.6.     Catex Medicare will not responsible for delay or failure of the platform or its services that are caused by events beyond reasonable control, like an act of war, hostility, or sabotage; natural disaster; electrical, internet, or telecommunication outage; or government restrictions.

9.7.     Despite the best efforts by Catex Medicare due to technical reasons the services provided by the platform may be disrupted temporarily. In such instances Catex Medicare will not be responsible for any damage or loss  sustained by any user.

10.  Limitation of Liability

10.1.Catex Medicare will not be liable for any indirect, incidental, punitive, or consequential damages (including loss of data, revenue, profits, or business opportunities, or personal injury or death), whether arising in contract, warranty, tort, product liability, or otherwise, and even if advised of that possibility of damages in advance.

10.2.The maximum liability of Catex Medicare is limited to one thousand INR or the amount received from the payor for that service whichever is greater.

11.  Indemnification

11.1.All users agree to indemnify, defend (on request), and hold harmless Catex Medicare and their officers, directors, employees from any third-party claims, demands, losses, damages, or expenses (including reasonable attorney fees) arising from their action that include:

·         Content posted or submitted

·         Use of the Services

·         Violation of these Terms

·         Violation of any rights of a third party.

11.2.The users indemnification obligation will survive the termination of these Terms and their use of these Services.

12.  Governing Law and Jurisdiction

12.1.These Terms are governed by the laws of India.

13.  Legal Actions and Notices

13.1.No party can claim any legal action regardless of form, arising out of or relating to this Agreement , one (1) year after the cause of action has accrued.

13.2.All notices and communications shall be provided in writing by registered mail return receipt requested, or email.

14.  Nature of Relationship

14.1.All users including patient, doctor, registered medical professional, website visitor agree that no joint venture, partnership, employment, contractor, or agency relationship exists between them and Catex Medicare .

15.  Non Transferrable

15.1.No user or account holder can assign or transfer their account or the rights and licenses granted under them to any other party.

15.2.These Terms confer no right, benefit, or remedy to any third-party person or entity.

16.  Dispute Resolution

16.1.The support team at Catex Medicare will do their best to resolve all disputes amicably.

16.2.All users agree that in cases of non-resolution, the case will be dealt by arbitration at New Delhi, India.

17.  No Class Actions

17.1.All parties agree to bring claims against the other on an individual basis.

17.2.No class action can be instituted by any party and combination of multiple people’s claims into a single case will not be carried out.

18.  Updating These Terms

18.1.     From time to time, Catex Medicare may update these Terms to reflect new or different practices like addition of new features etc.

18.2.     Catex Medicare reserves the right at its sole discretion to modify and/or make changes to these Terms at any time. Any material change, will be notified by email notice sent to the registered email address in the user’s account..

18.3.     Continued use of Services after changes become effective by the users, shall mean that all changes have been accepted.

18.4.     All revised Terms shall supersede  previous Terms.

19.  How to Contact Us

19.1.     Contact our Support Team (info@catexhealth.com) for any questions, concerns, and feedback about our Services.

19.2.     We would like to thank all users for utilising our services