Terms & Condition

Catex Medicare – Terms and Conditions and Agreement

Welcome to our portal www.catexhealth.com, www.homkare.com, www.catexmedicare.com, www.catexhealthcare.com, (the “Websites” and each, individually, a “Website”). The content of the Website is the exclusive property of Catex Medicare Pvt. Ltd. , having its registered office at C 73, Inderpuri, New Delhi, India. For the purpose of this agreement Catex Medicare will be referred to as the “Company”, “we” or “us”.

Catex Medicare provides the ability to doctors to monitor their patients clinical parameters and manage them at their homes. Catex Medicare also facilitates patients to avail doctor consultation and advice by using their proprietary technology platform. Both the above mentioned services are available under the brand name Catexhealth. These services can be accessed by doctors and patients through the use of the Catexhealth website and the Catexhealth mobile application.

Nature and applicability of terms

Catex Medicare requests you to carefully go through these terms and conditions and the privacy policy available at https://www.Catex Medicare.com/company/terms and conditions before you decide to access the Website or avail the services on the Website by Catex Medicare. These Terms and the Privacy Policy together constitute a legal agreement (Agreement) between you and Catex Medicare in connection with your visit to the Website and your use of the Services available therein.

This Agreement applies to you as user/ end user in case you are –

  1. A registered medical practitioner or health care provider (whether an individual professional or an organization).
  2. A patient, his/her representatives, relatives or friends who are searching for Medical Practitioners and other related services through this Website
  3. Any other user of the Website

This Agreement applies to the services made available by Catex Medicare on the Website, including the following:

  1. For Medical Doctors:
    1. Listing of doctors along with their profiles and details so that they are available to the other users and visitors to the Website;
    2. Capability to use the Catex health platform to setup and provide different types of consultations and services to patients including remote consultation, monitoring and management.
  2. For patients and other users:
    1. Facility to register and create Electronic Health Records
    2. Facility to update clinical details in the Electronic Health Record
    3. Capability to search for doctors by name, specialty, and geographical area, or any other criteria that may be developed and made available by Catex Medicare
    4. Facility to make appointments with doctors
    5. Facility to use the Catex health platform to register, set up and pay for a specific kind of consultation with the doctor of their choice
    6. Facility to use the website to register, request and pay for the Catex health Remote patient monitoring and management solution
    7. Facility to register and engage with other value services providers made available on the website.

These services may change from time to time, at the sole discretion of Catex Medicare, and the Agreement will apply to your visit and use of the Website to avail the services, as well as to all the information provided by you on the Website at any given point in time.

In case you have any questions about any part of the Agreement, feel free to contact us at: info@catexhealth.com

By accessing the website and registering with the Catex Medicare to avail our Services, you irrevocably accept all the obligations stipulated in these Terms and Conditions and agree to abide by them. This agreement and Terms and Conditions will apply to you in case you access the Website and other services through any medium, including but not limited to accessing the website through mobile phones, smart phones and tablets. These Terms and Conditions supersede all previous oral and written terms and conditions (if any) communicated to you.

Catex Medicare reserves the right to modify or terminate any portion of the Website or the Services offered by them for any reason, without notice and without liability to you or any third party. Catex Medicare urges you to review the Terms and Conditions periodically in order to be aware of these changes,
and your continuing use of the website and the services after any such modification constitutes your agreement to follow and be bound by the modified Agreement. Any additional agreements, terms and conditions, disclaimers, privacy policies and other policies applicable in general and/ or to specific areas of this Website or to particular Service are also to be considered as part of the Agreement.

You acknowledge that you will be bound by this Agreement for availing any of the Services offered by Catex Medicare. If you do not agree with any part of the Agreement, please do not use the Website or avail any Services.

Your access to the use of the Website and the Services will be solely at the discretion of Catex Medicare.

This Agreement is published governed by and in compliance with the provisions of Indian law, including but not limited to:

  1. The Contract Act, 1872,
  2. The Information Technology Act, 2000, and
  3. All rules, regulations, guidelines and clarifications framed thereunder, including the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the SPI Rules), and the Information Technology (Intermediaries Guidelines) Rules, 2011 (the IG Rules).

The Website and Catexhealth services should NOT be used in cases of medical emergencies and Catexhealth services are not, and should not be considered in any form to be a substitute for a hospital or services available at a hospital. Catex Medicare also encourages you to independently verify any information you see on the Website with respect to a doctor or health care provider that you seek to make an appointment or /and engage with.

Registration

All Doctors and health care providers can register on the website and their registration is completely free of cost.

Patients and other users who wish to utilise any service offered by Catexhealth will need to register on the Website and become a registered user (“Catex Medicare patient/User”).

To register onto the Website, a user will have to provide their demographic details including his/her name, email address and mobile number and create a Patient/user name and password.

For patients desiring to use the platform for registering for Patient monitoring services a non-refundable registration fees will be charged.

Catex Medicare may introduce other services for which the patient or user will be required to pay for the registration.

Registration is only a one time process and if a Catex Medicare User has been previously registered, he/she can login / sign into his / her account using the same credentials as provided during the registration process.

Catex Medicare requests you to kindly keep the password to your account safe and not share it with others. Catex Medicare will not be liable for any damages resulting out of an unauthorised access to your account. It is totally your responsibility to keep your account information current.

Catex Medicare may also use your contact information to send you updates on your health and also marketing messages and offers, which we believe would be beneficial to you. In case you  do not wish to receive such messages and offers, you may opt out by following the instructions in the message or by requesting the same through your account. We may retain the content of your correspondences with us via email, messages, whatsapp, written and others including your address and contact details and our responses to the same.


Electronic Health Record

A registered patient or Catex Medicare User can create their Electronic Health Record (EHR) by using our platform and upload any clinical information they or their treating physicians deem necessary into this record. They and their treating physicians can access this record any time they want to.

This service is given free of cost by Catex Medicare but Catex Medicare reserves the right to charge for it any time.

In order for you to avail these services you understand, agree and accept the following:

You understand that you may have the option of uploading your health / medical information on the Website in order to enable your doctor access your previous medical history.

While Catex Medicare takes utmost care with respect to the protection of the information you decide to upload, by using all industry level protocols and security measures you understand that any information that you disclose on the Website is at your own risk.

By uploading / sharing / disclosing your medical information on the Website, you give your consent to Catex Medicare to store such health / medical information on Catex Medicare servers. Catex Medicare will retain such medical / health information you upload on the Website for as long as it is needed to fulfil the services you seek to avail on the Website.

In case you delete your account, Catex Medicare will also delete such medical / health information available with them. However, please note that :

  1. There may be some delay and lag in deleting this information from the servers and back-up storage
  2. Catex Medicare reserves the right to retain this information as provided by law in case it may be necessary to comply with legal obligations, resolve disputes, or enforce agreements.

Catex Medicare will not disclose such information that you upload on the Website with anybody unless you give consent to do so in writing.

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.

Further, it is understood by you and you give your consent to Catex Medicare to use your data including clinical details in an anonymised form for the purposes of research.

You understand that you can withdraw this consent at any point of time by submitting a request to that effect in writing.

Patient consultation service

A registered patient/ user may use this website and the technology platform to set up an appointment for a consultation with the doctor of their choice. Registered doctors can also use the platform for setting up a remote consultation with their patients. This consultation is of different categories as described in the website and is a paid service where the doctor fees are also collected by Catex Medicare.

You acknowledge and confirm that Catex Medicare shall not be held liable for the treatment and advice provided by the doctor of your choice or be treated as a health care provider on account of collection of the payments or for provision of these Paid Services or for any reason whatsoever.

The patient or the Catex Medicare User will be responsible for any and all activities that are undertaken through their account.

It is understood and agreed by you that all interactions and associated transactions between you and your doctor are exclusive to a doctor patient relationship contract between you 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.

Catex Medicare does not guarantee that all transactions will be completed as they are dependent on the quality of the devices used by you and the doctor, internet connectivity etc. which are out of the control of Catex Medicare.

Catex Medicare does not guarantee the ability or intent of doctors or other health care providers to fulfil their obligations in any transaction. Catex Medicare strongly advises you to perform your own due diligence prior to selecting a doctor or the health care provider.

While choosing to avail the consultation service on the Catexhealth platform you understand, accept and agree to the following:

  1. You are completely responsible for choosing your own doctor or health care provider and Catex Medicare shall not be held responsible or liable for the selection of such doctor or health care provider;
  2. Please note that Catex Medicare does not recommend or endorse any doctor or health care provider mentioned on the Website
  3. Catex Medicare does not make any representations or warranties with respect to these doctors or health care providers or the quality of the healthcare services that they may provide.
  4. Catex Medicare shall not be liable for the services or advice or prescriptions provided by the health care professional or doctor, and Catex Medicare bears no liability for the consequences to you, by your use of the doctor Services.
  5. Information regarding doctors and health care providers and practice information found on the Website is intended for general reference purposes only. Such information found on the Website is self-reported by the doctor or the health care provider and this information may change and become out of date or inaccurate.
  6. Neither the Website nor Catex Medicare provides any advice or qualification certification about any particular doctor or health care provider. You are encouraged to independently verify any such information you see on the Website with respect to a doctor or health care provider that you seek to make an appointment with.

Remote patient monitoring and management service

A registered patient/ user and doctor may use this website and the technology platform to set up and pay for a remote patient monitoring and management service. The terms and conditions for the use of this service including consent by the patient will be signed by the patient in a separate form on hard copy.

Health care information on the website

Catexhealth will provide health care information for its users in different forms and formats on their website which could be text, in the form of diagrams, images, graphs etc. The said information could be in the form of articles, news feeds, RSS feeds, blogs, discussion forums, direct responses by doctors to queries etc. This information provided by Catexhealth is made in good faith to create awareness and education on different aspects of health and disease.

The information and materials available through these means on the Website are for informational and educational purposes only and are not intended to constitute professional advice, diagnosis or treatment, or to substitute for professional advice.

Please note the Information that is placed on the Website by third parties are not with in the control of Catex Medicare and Catex Medicare is not responsible for the authenticity, accuracy or completeness of this information.

The responsibility for the use of information that is obtained from or through this website completely vests on you and you agree that Catex Medicare is not responsible or liable for any claim, loss, or liability arising from the use of such information.

Catex Medicare does not recommend or endorse any individual, provider of health care or health-related products, items or services, and the appearance of materials on the Website relating to any such products, items or services is not an endorsement or recommendation of them.

The provision of such Information does not create a licensed medical professional/patient relationship, between Catex Medicare and you and does not constitute an opinion, medical advice, or diagnosis or treatment of any particular condition.

Catex Medicare makes no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, competence, quality of work, expertise or other information provided on the website.

Disclaimer

The Information provided on the Website and in any other communications from or through Catex Medicare is not intended as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment.

Do not disregard, avoid or delay obtaining medical advice from a qualified health care professional because of advice that you may have obtained through the Website.

Your use of Information provided on the Website is solely at your own risk. Nothing stated or posted on the Website or available through any Services is intended to be, and must not be constructed to be, the practice of medicine or the provision of medical care and medical advice.

Catex Medicare is not a E-Pharmacy, it does not provide/ dispense or distribute medicines.

Termination

Catex Medicare reserves the right, in the event of breach of these Terms and Conditions stipulated herein, to suspend and / or terminate your access to the Catex medicare user account with or without notice to you.

Catex Medicare reserves that right to terminate access to the Catex Medicare user account, publish content and use of services under the following conditions but not limited to them alone:

  1. Suspected illegal, fraudulent activities like use of material belonging to another(plagiarism), infringement of patents etc, harassment, blasphemy, defamatory, obscene, libellous, spreading hatred on grounds of ethnicity, religion or any other etc.
  2. Impersonation of any kind.
  3. Insert viruses or any other computer code which may interrupt the service, corrupt data.
  4. Attempt to steal data and information in any way
  5. In case of any form of antisocial, disrupting, or destructive acts, which include but are not restricted to “flaming”, “spamming”, “flooding”, “trolling”, “phishing” and “griefing” as those terms are commonly understood and used on the Internet.
  6. In case of any of the above mentioned situations arise or any other action takes effect that is patently against the laws of the country, Catex Medicare shall immediately suspend or terminate, your right to procure the Services on the Website and reserves the right to remove or delete your information that is available with the Company, including but not limited to login and account information.

Refund and Cancellation

If you are not fully satisfied with our products or services and notify us of the same, we will refund the remaining amount on a pro rata basis. The refund will be decided on a case to case basis and will be at the sole discretion of Catex Medicare. Catex Medicare reserves the rights to issue refund and will make all efforts to refund the money in 30 days via Bank Transfer.

If you wish to cancel your order, Please notify us of the same at least four hours prior to the video consultation appointment/before the deployment of the service. Catex Medicare will make every effort to refund the full amount minus transaction charges.The refund will be decided on a case to case basis and will be at the sole discretion of Catex Medicare. Catex Medicare reserves the rights to issue refund in case of a cancellation and will make all efforts to refund the money in 30 days via Bank Transfer.

It is your responsibility to familiarize yourself with this refund policy. By placing an order for any of our products or services, you indicate that you have read this refund policy and that you agree with and fully accept the terms of this refund policy.

If you do not agree with or fully accept the terms of this Refund and Cancellation policy, we ask that you do not place an order with us.

Please contact customer service at +91-011-45088209 or send an email at info@catexhealth.com.

Limitation of Liability

To the fullest extent permitted by law, in no event will the Catex Medicare or its affiliates be liable for any direct, indirect, special, incidental, punitive, exemplary or consequential damages, whether or not the Catex Medicare had warned of the possibility of such damages. Notwithstanding anything to the contrary in these Terms and Conditions, the Company’s liability under these Terms and Conditions shall in no event exceed the Service fee amounts collected from you by Catex Medicare, but excluding any amounts collected by it for and on behalf of the doctor or health care professional as a collection agent, for the provision of any clinical service by such professional.

By Using This Website You Represent And Warrant That:

  1. You are 18 years of age or older and of sound disposing mind and that your use of the Website shall not violate any applicable law or regulation;
  2. All information you enter at the time of registration is true and correct, that there is no concealment and you agree to keep it updated and current.
  3. Your registration on the Website is solely for your personal and non-commercial use. Any use of this Website or its content other than for personal purposes is prohibited.
  4. Your personal and non-commercial use of this Website shall be subjected to the following restrictions:
    1. you may not modify any content of the Website;
    2. you may not decompile, reverse engineer, or disassemble the content, or
    3. you may not remove any copyright, trademark registration, or other proprietary notices from the Website. You further agree not to access or use this Website in any manner that may be harmful to the operation of this Website or its content.
  5. Catex Medicare cannot and will not assure you that other Catex Medicare Users are or will be complying with the foregoing rules or any other provisions of these Terms of Use, and, as between you and the Company, you hereby assume all risk of harm or injury resulting from any such lack of compliance.
  6. All information, content and material contained in the Website and / or Services are the Catex Medicare intellectual property. All trademarks, services marks, trade names, and trade dress are proprietary to Catex Medicare. No information, content or material from the Website and / or Services may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without the express written permission of Catex Medicare
  7. You acknowledge that when you access a link that leaves the Website, the site you will enter into is not controlled by the Catex Medicare and different Terms and Conditions and privacy policies may apply. By accessing links to other sites, you acknowledge that the Catex Medicare is not responsible for those sites. Catex Medicare reserves the right to disable links from third-party sites to the Website, although the Catex Medicare is under no obligation to do so.
  8. You expressly understand and agree that:
    1. The information, content and materials on this Website and / or Services are provided on an “as is” and “as available” basis. Catex Medicare and all its subsidiaries, affiliates, officers, employees, agents, partners and licensors disclaim all warranties of any kind, either express or implied, including but not limited to, implied warranties on merchantability, fitness for a particular purpose and non-infringement.
    2. Catex Medicare does not warrant that the functions contained in content, information and materials on the Website and / or Services, including, without limitation any third party sites or services linked to the Website and / or services will be uninterrupted, timely or error-free, that the defects will be rectified, or that the Website or the servers that make such content, information and materials available are free of viruses or other harmful components.
    3. Any material downloaded or otherwise obtained through the Website and / or Services are accessed at your own risk, and you will be solely responsible for any damage or loss of data that results from such download to your computer system.
  9. You hereby indemnify, defend, and hold the Company, the Company’s distributors, agents, representatives and other authorized users, and each of the foregoing entities’ respective resellers, distributors, service providers and suppliers, and all of the foregoing entities’ respective officers, directors, owners, employees, agents, representatives, harmless from and against any and all losses, damages, liabilities and costs arising from your use of the Website.

Applicable Law

The interpretation of this Agreement and the resolution of any disputes arising under these Terms and Conditions shall be governed by the laws of India. If any action or other proceeding is brought on or in connection with this Agreement, the venue of such action shall be exclusively at New Delhi, India.

Arbitration

Any dispute, claim or controversy arising out of or relating to this notice or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of these Terms and Conditions to arbitrate, or to your use of the Website or the Services or information to which it gives access, shall be determined by arbitration in India, before a single arbitrator. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The venue of such arbitration shall be New Delhi, India. 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.

The Parties shall have the right to apply to a court of competent jurisdiction to obtain interim injunctive relief in respect of any dispute, pending resolution of such dispute.

Severability

If any provision of these Terms and Conditions is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from these Terms and Conditions and the remainder of these Terms and Conditions 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 these Terms and Conditions 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.

Notices

All notices and other communications required or permitted hereunder to be given to a Party shall be in writing, in the English language, and shall be sent by facsimile, e-mail, or mailed by prepaid internationally-recognized courier, or otherwise delivered by hand or by messenger, addressed to such Party’s address as set forth below or at such other address as the Party shall have furnished to the other Party in writing in accordance with this provision:

To Catex Medicare Pvt. Ltd:

Catex Medicare India Private Limited

C 73, Inderpuri, New Delhi, India-110012

To you:

at the email address provided by you to us when you registered as a
Catex Medicare User.

Waiver

No term of these Terms and Conditions shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented. Any consent by any Party to, or waiver of a breach by the other, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

Understanding

These Terms and Conditions contain the entire understanding of the Parties, and there are no other written or oral understandings or promises between the Parties with respect to the subject matter of these Terms and Conditions other than those contained or referenced in these Terms and Conditions.

You acknowledge that you have read these Terms and Conditions and agree to all of the provisions contained above.