Treint Holding Inc., on behalf of itself and its affiliates/group companies under the brand “Treint” (“Treint”), is the author and publisher of the internet resource www.treint.com and the mobile application ‘Treint’ (together “Website”).
1. NATURE AND APPLICABILITY OF TERMS
1.1. Please carefully go through these terms and conditions (“Terms”) and the privacy policy(“Privacy Policy”) before you decide to access the Website or avail the services made available on the Website by Treint. These Terms and the Privacy Policy together constitute a legal agreement (“Agreement”) between you and Treint in connection with your visit to the Website and your use of the Services (as defined below).
1.2. The Agreement applies to you whether you are -
1.2.1. A medical practitioner or health care provider (whether an individual professional, individual entrepreneurs or an organization) or similar institution wishing to be subscribed on the Website, including designated, authorized associates of such practitioners or institutions(“Practitioner(s)”, “you” or “User”); or
1.2.2. A patient, his/her representatives or affiliates, searching for Practitioners through the Website (“End-User”, “you” or “User”); or
1.2.3. Otherwise a user of the Website (“you” or “User”).
1.3. This Agreement applies to those services made available by Treint on the Website(“Services”), including the following:
1.3.1. For Practitioners: Listing of Practitioners and their profiles and contact details, to be made available to the other Users and visitors to the Website;
1.3.2. 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 Treint, and (iii) to make appointments with Practitioners.
1.4. The Services may change from time to time, at the sole discretion of Treint, 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.
1.5. 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 info@treint.com.
1.6. By downloading or accessing the Website to use the Services, you irrevocably accept all the conditions stipulated in this Agreement, the Application Service Provider 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.
1.7. 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.
1.8. 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. 1.9. Your access to use of the Website and the Services will be solely at the discretion of Treint. 1.10. The Agreement is published in compliance of, and is governed by the provisions of US law
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 Treint 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.
3.1. END-USER ACCOUNT AND DATA PRIVACY
3.1.1. The terms “personal information” means any information that relates to a natural person, which, either directly or indirectly, in combination with other information available or likely to be available to a body corporate, is capable of identifying such person.
3.1.2. The terms “Sensitive Personal Data or Information” of a person means personal information about that person relating to:
- passwords;
- financial information such as bank accounts, credit and debit card details or other payment instrument details;
- physical, physiological and mental health condition;
- sexual orientation;
- medical records and history;
- biometric information;
- information received by body corporate under lawful contract or otherwise;
- visitor details as provided at the time of registration or thereafter; and
- call data records.
3.1.3. Treint 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 Treint’s services and to build new services.
3.1.4. The Website allows Treint 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.
3.1.5. The Privacy Policy sets out, inter-alia:
- The type of information collected from Users, including sensitive personal data or information;
- The purpose, means and modes of usage of such information;
- How and to whom Treint will disclose such information; and,
- Other information mandated by legislation.
3.1.6. 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:
- the fact that certain information is being collected;
- the purpose for which the information is being collected;
- the intended recipients of the information;
- the nature of collection and retention of the information; and
- the name and address of the agency that is collecting the information and the agency that will retain the information; and
- the various rights available to such Users in respect of such information.
3.1.7. Treint 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 Treint or to any other person acting on behalf of Treint.
3.1.8. 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 Treint of any actual or suspected unauthorized use of the User’s account or password. Although Treint will not be liable for your losses caused by any unauthorized u se of your account, you may be liable for the losses of Treint or such other parties as the case may be, due to any unauthorized use of your account.
3.1.9. If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Treint has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Treint has the right to discontinue the Services to the User at its sole discretion.
3.1.10. Treint may use such information collected from the Users from time to time for the purposes of debugging customer support related issues.
3.1.11. Against every Practitioner, 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 Treint, and the records of such calls may be recorded and stored in Treint’s servers.
3.2. RELEVANCE ALGORITHM
3.2.1. Treint’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 Treint. Treint 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. Treintin no event will be held responsible for the accuracy and the relevancy of the listing order of the Practitioners on the Website.
3.3. LISTING CONTENT AND DISSEMINATING INFORMATION
3.3.1. Treint 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. Treint takes reasonable efforts to ensure that such information is updated at frequent intervals. Although Treint 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.
3.3.2. The Services provided by Treint 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). Treint does not provide or make any representation, warranty or guarantee, express or implied about the Website or the Services. Treint 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, Treint 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 Treint or any User in relation to any User or services provided by such User.
3.3.3. Treint does not bear any 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.
3.3.4. If Treint determines that you have provided fraudulent, inaccurate, or incomplete information, including through feedback, Treint reserves the right to immediately suspend your access to the Website or any of your accounts with Treint and makes such declaration on the website alongside your name/your clinic’s name as determined by Treint for the protection of its business and in the interests of Users. You shall be liable to indemnify Treint for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected Treint or its Users.
3.4. BOOK APPOINTMENT AND CALL FACILITY
3.4.1. Treint enables Users to connect with Practitioners through book facility that allows Users book an appointment through the Treint mobile app.
3.4.1. Treint will ensure Users are provided confirmed appointment on the Book facility. However, Treint has no liability if such an appointment is later cancelled by the Practitioner, or the same Practitioner is not available for appointment.
3.4.2. The User’s appointment before the Practitioners will be accomplished after the 100% prepayment will be made.
3.4.3. Without prejudice to the generality of the above, Treint 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 Treint will not be liable for:
- User interactions and associated issues User has with the Practitioner;
- the ability or intent of the Practitioner(s) or the lack of it, in fulfilling their obligations towards Users;
- any wrong medication or quality of treatment being given by the Practitioner(s), or any medical negligence on part of the Practitioner(s);
- 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;
- any misconduct or inappropriate behaviour by the Practitioner or the Practitioner’s staff;
- cancellation or no show by the Practitioner or rescheduling of booked appointment or any variation in the fees charged.
- for further details on cancellation policy, please follow TREINT APP CANCELLATION POLICY
3.4.4. Users 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, Treint 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.
3.4.5. In case the User does not show-up at the concerned Practitioner’s clinic its prepayment for appointment will not be returned.
3.5. NO DOCTOR-PATIENT RELATIONSHIP; NOT FOR EMERGENCY USE
3.5.1. 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 Treint 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.
3.5.2. It is hereby expressly clarified that, the Information that you obtain or receive from Treint, 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.
3.5.3. The 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.
3.6. TREINT BUSINESS
3.6.1. These terms & conditions governing Treint Business are applicable to Users (being both end-users/ Practitioner). However, it is clarified that the terms and conditions herein applicable only to Practitioners and applicable to Users are called out separately, as the context warrants.
3.6.2. Practitioners can use Treint Business by logging in from their account, creating original content comprising text, audio, video, images, data or any combination of the same(“Content”), and uploading said Content to Treint’s servers.
3.6.3. Practitioner hereby assigns to Treint, in perpetuity and worldwide, all intellectual property rights in any Content created by the User and uploaded by the User.
3.6.4. Treint shall have the right to edit or remove the Content and any comments in such manner as it may deem Treint Business at any time.
3.6.5. Practitioner shall ensure that the Content or any further responses to the Content (including responses to Users) is not harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic or libelous in any manner. Further, Practitioner should ensure that the Content is not invasive of any other person’s privacy, or otherwise contains any elements that is hateful, racially or ethnically objectionable, disparaging, or otherwise unlawful in any manner whatever. Treint reserves the right to remove any Content which it may determine at its own discretion is violative of these Terms and Conditions or any law or statute in force at the time. Also, the Practitioner agrees to absolve Treint from and indemnify Treint against all claims that may arise as a result of any legal claim arising from the nature of the Content posted by the Practitioner.
3.6.6. Practitioner shall ensure that no portion of the Content is violative of any law for the time being in force.
3.7. CONTENT OWNERSHIP AND COPYRIGHT CONDITIONS OF ACCESS
3.7.1. The contents listed on the Website are (i) User generated content, or (ii) belong to Treint. The information that is collected by Treint directly or indirectly from the End- Users and the Practitioners shall belong to Treint. Copying of the copyrighted content published by Treint on the Website for any commercial purpose or for the purpose of earning profit will be a violation of copyright and Treint reserves its rights under applicable law accordingly.
3.8. REVIEWS AND FEEDBACK
3.8.1. By using this Website, you agree that any information shared by you with Treint or with any Practitioner will be subject to our Privacy Policy.
3.8.2. 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 Treint in publishing Critical Content is restricted. Treint shall not be liable to pay any consideration to any User for re-publishing any content across any of its platforms.
3.8.3. 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. Treint, at its sole discretion, may choose not to publish your reviews and feedback, if so required by applicable law. You agree that Treint 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 Treint’s services; and/or
- Obtaining feedback in relation to any Practitioners listed on the Website; and/or
- 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 Treint. Treint’s Feedback Collection and Fraud Detection Policy, is annexed as the Schedule hereto, and remains subject always to these Terms.
3.9. RECORDS Treintmay provide End-Users with a free facility known as ‘Records’ on its mobile application ‘Treint’. Information available in your Records is of two types:
- User-created: Information uploaded by you or information generated during your interaction with Treint ecosystem, eg: appointment, medicine order placed by you.
- Practice-created: Health Records generated by your interaction with a Practitioner who uses the Website or other Services of Treint software.
3.10. TREINT Q&A
3.10.1. Terms for Practitioners:
- Every Practitioner on the Q&A Platform must be qualified in the area of expertise that he represents as being his qualification.
- The Q&A Platform is a platform for exchange of information which is of general nature in a question and answer format. The Q&A Platform is not for emergency situations.
- Any Q&A interaction cannot be construed as a medical consultation, a medical diagnosis, issue a prescription, medical/non-medical recommendations, suggestions and solutions with the Practitioner, in any manner whatsoever.
4. TERMS OF USE PRACTITIONERS
The terms in this Clause 4 are applicable only to Practitioners.
4.1. Treint, directly and indirectly, collects information regarding the Practitioners’ profiles, contact details, and practice. Treint 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 Treint immediately to enable Treint to make the necessary amendments.
4.2. Treint shall not be liable and responsible for the ranking of the Practitioners on external websites and search engines
4.3. Treint 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 Treint, where the User has expressly or implicitly consented to the making of disclosures or publications by Treint. If the User had revoked such consent under the terms of the Privacy Policy, then Treint 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 Treint prior to its actual receipt of such revocation.
4.4. You 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 Treint accepts no liability for the same.
4.5. Treint reserves the right of ownership of all the Practitioner’s profile and photographs and to moderate the changes or updates requested by Practitioners. However, Treint 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 Treint’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, Treint may modify or delete parts of your profile information at its sole discretion with or without notice to you.
4.6. If Treint determines that you have provided inaccurate information or enabled fraudulent feedback, Treint reserves the right to immediately suspend any of your accounts with Treint and makes such declaration on the website alongside your name/your clinics name as determined by Treint for the protection of its business and in the interests of Users.
4.7. Practitioner understands that, Treint 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 Treint.
4.8. The Practitioner is and shall be duly registered, licensed and qualified to practice medicine/ provide health care, wellness services, as per applicable laws/regulations/guidelines set out by competent authorities and the Practitioner shall not be part of any arrangement which will prohibit him/her from practicing medicine within the relevant territory. 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/ services being rendered.
5. RIGHTS AND OBLIGATIONS RELATING TO CONTENT
5.1. Treinthereby informs Users that they are not permitted to host, display, upload, modify, publish, transmit, update or share any information that:
- belongs to another person and to which the User does not have any right to;
- 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;
- harm minors in any way;
- infringes any patent, trademark, copyright or other proprietary rights;
- violates any law for the time being in force;
- deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- impersonate another person;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
- 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.
5.2. Users are also prohibited from:
- violating or attempting to violate the integrity or security of the Website or any Treint Content;
- 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 Treint;
- intentionally submitting on the Website any incomplete, false or inaccurate information;
- making any unsolicited communications to other Users;
- 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;
- attempting to decipher, decompile, disassemble or reverse engineer any part of the Website;
- copying or duplicating in any manner any of the Treint Content or other information available from the Website;
- framing or hot linking or deep linking any Treint Content.
- circumventing or disabling any digital rights management, usage rules, or other security features of the Software.
5.3. In case of non-compliance with any applicable laws, rules or regulations, or the Agreement (including the Privacy Policy) by a User, Treint 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.
5.4. Treint 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. Treint respects the intellectual property rights of others and we do not hold any responsibility for any violations of any intellectual property rights.
6. TERMINATION
6.1. Treint 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;
- Treint is unable to verify or authenticate any information provide to Treint by a User;
- Treint has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User; or
- Treint believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for Treint or are contrary to the interests of the Website.
6.2. Once 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
7.1. In no event, including but not limited to negligence, shall Treint, 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.
8. RETENTION AND REMOVAL
8.1. Treint 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. Computer web server logs may be preserved as long as administratively necessary.
9. APPLICABLE LAW AND DISPUTE SETTLEMENT
9.1. You agree that this Agreement and any contractual obligation between Treintand User will be governed by the laws of the USA.
9.2. 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 or the Services or information to which it gives access, shall be determined in the relevant court.
10. CONTACT INFORMATION GRIEVANCE OFFICER
10.1. If a User has any questions concerning Treint, the Website, this Agreement, the Services, or anything related to any of the foregoing, Treint customer support can be reached at the following email address: info@treint.com or via the contact information available from the following hyperlink: www.treint.com/.
10.2. 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:
Treint Holding Inc. Ltd Email: info@treint.com
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 Treint. Any consent by Treint to, or a waiver by Treint 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.