Reclica - Terms of use

Last Updated: September 11, 2021

What is this document?

This Terms of Use (or "TOU") is an agreement between you and Novosalus Technologies Pvt Ltd who provides its services to you through reclica.com. There are rules you agree to follow when using our mobile applications and website(s) (the “Website” or "Apps"), including when you ask questions and when you view or input content on or into the Apps. The Privacy Policy is officially part of these TOU even though it's a separate document.

Why should I read it?

When you sign up for Reclica you verify that you've read and agree to our Terms of Use when using the Apps.

Definitions

To clarify what this document means, certain words with capital letters will be defined. Here are the definitions for this agreement:

"Reclica" or the “Website” or "Apps" means https://www.reclica.com and all its sub-domains, https://www.reqr.in and https://www.reinsights.in and all it's sub-domains, as well as authorized third party websites who use Reclica to provide its services and Reclica's mobile applications and any other Apps we release in future.
"Company," "we," "us," or "our" means Novosalus Technologies Pvt Ltd. and any other companies that are subsidiaries and affiliates of Novosalus Technologies Pvt Ltd. and professional corporations to which Novosalus Technologies Pvt Ltd provides administrative services, including, without limitation, When used in the context of the company name, "Reclica" may also refer to Novosalus Technologies Pvt Ltd.
"Content" means text, graphics, images and any other material entered, processed, contained on or accessed through the Apps, including Content created, modified, validated or submitted by Medical Experts.
"Services" means virtual or remote consultations or Tele-consultations performed by video, audio (voice) or text chat, or by asynchronous text inbox consults (collectively, "remote consultations"), electronic health records, personal health records, URLs and QR codes associated with personal health records or other services provided through Reclica websites or the Apps.
"Medical Expert" means doctors, physicians or healthcare providers who participates on the Apps or interacts with others on or through the Apps, or other specialists or professionals who participate on Reclica in their capacity as experts.

Introduction

Reclica connects you with doctors, manage your personal and family health records, provides health information, answers and facilitates remote consultations from its website or Apps or from third party websites using Reclica. Reclica enables you to access your health profile and emergency contact information as a mini-website (Content) via a mobile-device-readable unique QR code (Reclica Quick Response Code or ReQR Code) or unique URL (ReQR URL). You can then affix ReQR code or ReQR URL to any object you want to link to your Content. The Content you associate with your ReQR code or ReQR URL is meant to be accessed by anyone (Public Content) scanning the ReQR code or entering the ReQR URL, except the content you protect with a security PIN. As used herein, “ReQR URL” refers to the location of any file located on our servers. Reclica also makes it easy for you to share ReQR Code or ReQR URL via social media, etc., so that your mini-website can be accessed by large numbers of members. If you are a Medical Expert, Reclica allows you to create and manage your patient's electronic health records.

These Terms of Use are an Agreement

Generally, this agreement governs your use of the Reclica.

We May Update this Agreement

These Terms of Use may change. Because your use of Reclica means you agree to these Terms of Use, if we revise and update these Terms of Use, your continued use of Reclica will mean that you accept those changes. You choose whether or not you use Reclica. If you do not agree to all of these Terms of Use, please do not use Reclica.

What We Do and What We Don't Do (Reclica)

We Do Support Your Health Decisions

Reclica is designed to support the health decisions and choices that you make. These decisions and choices are yours, and we believe that you are the best decision maker about your health and that these decisions should be made in connection with the advice you receive within a formal doctor-patient relationship. Always use common sense when making health decisions. Reclica cannot make decisions for you. We can help you find good health information or information on healthcare providers or entities (read about RECLICA Wiki Project) and, where available and appropriate, connect with doctors for care via Reclica or for in-person care.

We Aren't Your Doctor

Whenever we use the words "your physician" or "your doctor" or "healthcare provider" or similar words on Reclica, including in these Terms of Use, we mean your personal doctor with whom you have of an actual, mutually acknowledged, doctor-patient relationship (or the same kind of formal, real-world relationship between you and your personal professional healthcare provider). All Medical Experts on Reclica are not "your" doctors, physicians, or healthcare providers. When you participate in a Remote Consultation, you understand and agree that Medical Experts on Reclica are not your Primary Care Physician and you agree not to use Reclica as a substitute for interactions with your Primary Care Physician. Where available to you, you may use Reclica for Remote Consultation with your existing doctor(s).

We're Not For Use in Emergencies

Never use Reclica or Content or Services in a potential or actual medical emergency.

Remember...

Always consult your doctor

Consult your doctor or your healthcare provider if you have any questions about a symptom or a medical condition, and before starting or stopping any treatment directed by your physician or your healthcare provider, or before taking any drug or changing your diet.

Always...

• SEEK THE ADVICE OF YOUR DOCTOR OR YOUR OTHER QUALIFIED HEALTHCARE PROVIDER WHENEVER YOU HAVE A PERSONAL QUESTION ABOUT A MEDICAL CONDITION OR SYMPTOM.

• NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE, OR DELAY SEEKING MEDICAL ADVICE OR TREATMENT, BECAUSE OF SOMETHING YOU READ OR LEARN ON RECLICA.

• CALL YOUR LOCAL EMERGENCY SERVICE OR YOUR DOCTOR OR NEAREST HOSPITAL IMMEDIATELY IF YOU BELIEVE YOU MAY OR DO HAVE A MEDICAL EMERGENCY.

Reclica Medical Experts

Independence of Reclica Medical Experts

Medical Experts using Reclica and professionals or specialists utilizing or featured on Reclica are not employees or independent contractor service providers of Reclica. Any opinions, advice, or information expressed by any such individuals are those of the individual and the individual alone and they do not reflect the opinions of Reclica, its affiliates or any other organizations or institutions to which such Reclica provides services. Reclica does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on Reclica or by a licensee of Reclica.

The inclusion of professionals and specialists on Reclica or in any professional directory on Reclica does not imply recommendation or endorsement of such professional nor is such information intended as a tool for verifying the credentials, qualifications, or abilities of any professional contained therein.

SUCH INFORMATION IS PROVIDED ON AN "AS-IS" BASIS AND RECLICA DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE. RECLICA SHALL IN NO EVENT BE LIABLE TO YOU OR TO ANYONE FOR ANY DECISION MADE OR ACTION TAKEN BY ANY PARTY (INCLUDING, WITHOUT LIMITATION, ANY USER) IN RELIANCE ON INFORMATION ABOUT PROFESSIONALS AND SPECIALISTS ON RECLICA.

The use of RECLICA by any entity or individual to verify the credentials of professionals or specialists is prohibited.

Children's Privacy

We are committed to protecting the privacy of children. Reclica is not intended or designed for use under the age of 18. Registered adult users of Reclica may use Reclica for the benefit of children.

Your Account and Your Use of Reclica

You are responsible for your account: keep your password and real name private.

Accurate and complete registration information is required to use Reclica. You are responsible for the security of your passwords and for any use of your account. Please immediately notify us of any unauthorized use of your password or account. Allowing any other person or entity to use your identity for posting on or using Reclica is not permitted. Do not include your real name or any other information that could be used to identify you in anything you post that is publicly visible on Reclica (such as in questions or other public submissions).

Your use must be legal and you must be an adult to use Reclica.

Your personal information will be stored in a secure manner. Reclica has implemented various encryption and security technologies and procedures to protect, from unauthorized access, your personal information which is stored in our computer systems. We also maintain standard physical and electronic procedural safeguards that limit access to your personal information to our employees (or people working on our behalf and under confidentiality agreements) who, through the course of standard business activities, need to access your personal information. Full access to the Apps is enabled only by usernames and passwords. You are fully and solely responsible for any and all use of the Apps using your username and password. We reserve the right to revoke or deactivate your username and password at any time.

We'll send you notices and information.

When you register, you agree that Reclica may communicate with you, including by sending information, correspondence, and notices to you. These communications may be sent via email, SMS (text message), push notification, phone, or otherwise using contact information associated with your account, including information provided when you register or update information in your Account Settings. We do not sell or distribute the email addresses of our users. For more about how we share your personal information with you, read our Privacy Policy.

The Services available on the Website does not in any way constitute an invitation or recommendation to avail the Services. The Services provided through the Website are not intended in any way to be a substitute for face to face consultation with a health practitioner. We advise you to make independent determination in respect of its accuracy or usefulness and suitability prior to making any decision in reliance hereof.

Availability, Appointment, Rescheduling and/ or Cancellation:
1. Services shall be available for various specialties and as per the consultation fees as listed in the schedule on the Website.
2. The Services with respect to a specific medical expert shall be available subject to his/ her availability.
3. Confirmation of your appointment with a specific medical expert, as per his/ her availability, shall be sent to you via SMS and/ or e-mail.
4. Medical expert reserves the right to reschedule or cancel an appointment without any prior notice.
5. The consultation time provided to you is indicative and actual consultation time may vary.
6. Your appointment shall be deemed as cancelled in case of delay.
User Submissions/ Disclosures:
1. You are required to submit/ upload certain personal and clinical information on the Website for seeking appropriate advice related to the condition of the patient. This information shall include patient's details including clinical history, investigations results, reports, prescriptions, contact details, card holder's name and other relevant details.
2. You are advised to submit/ upload all relevant, complete and accurate information on the Website for availing the Services. Medical expert reserves the right to cancel your appointment without assuming any liability whatsoever, if the information provided by you is found to be incomplete/ false/ deceptive/ inaccurate or misleading.
3. Medical expert may use your information for the purpose of providing the Services including analysis, research, training and disclosure (where required) to its affiliates, agents and government authorities.
Mode of Communication:
1. The Services available on the Website shall be provided to you via audio/video conferencing, telephonically or as text consultation. Please ensure that you are equipped with proper video conferencing equipments and internet connectivity to avail the Services. In case of inadequate video conferencing equipments, technical error or defective internet connectivity your appointment shall be rescheduled or cancelled.
2. You understand and acknowledge that as the Services shall be provided remotely therefore there shall be no physical examination, direct access/ contact or face to face consultation with the patient. The opinion delivered by the doctor/ physician shall solely be based on the verbal communication between the concerned doctor/ physician and the patient and the information provided/ uploaded by you on the Website.
3. Always seek the advice of a qualified health practitioner for any questions that you may have regarding a medical condition.
4. Any consultation, advice or prescription given by the health practitioner during the consultation must be clinically correlated with the findings of the physical examination of the Patient.
5. Reclia shall not be liable for misdiagnosis/ faulty judgment/ interpretation error/ perception error resulting from (i) your failure to provide correct and/ or complete clinical information/ history about the patient in timely and clinically appropriate manner; or (ii) suppression of material facts; or (iii) your failure to provide relevant clinical information about the patient; or (iv) misinterpretation of the advice/ prescription/ diagnosis by you; (v) failure to follow doctor's advice/ prescription by you; or (vi) by misdiagnosis/ faulty judgment/ interpretation error/ perception error on part of medical expert
Cookies:
1. For the purpose of storing your preferences, previous activities, browsing activities, profiling and tracking behavior on this Website, Reclica may use "Cookies". Cookies are small data files that a Website stores on your web browser. By visiting this Website you acknowledge, accept and expressly authorize Reclica for the placement of Cookies on your web browser.
Electronic Payments/ Refunds:
1. Reclica offers online mode of payment, hence, you may use internet banking or debit/ credit card for making payment of the Service Fees. You shall be directed to our trusted payment gateway partners once you proceed to make payment of Service Fees.
2. Reclica shall not be liable in any manner whatsoever, if incorrect or inaccurate credit/ debit card details are provided by you for making the payment of the Service Fees or you use a credit/ debit card which is not lawfully owned by you or if you permit a third party to use your password or other means to access your account.
3. Reclica shall keep the aforesaid information confidential at all times and shall not utilize and share the same with any of the third parties unless it is an authorized third party website and/ or required by law, regulation or court order.
Use of Content; Copyright
1. Reclica owns the Website as well as the intellectual property contained thereon including all programs, processes, designs, software, technologies, trademark, trade names, inventions and materials therein and all the services offered by the doctors/physicians or others on the Website. If you allow other person to use/ access your debit/ credit card or internet banking account then you will be responsible for any transaction they authorize.
2. You shall not use the content available on the Website without the prior written permission of Reclica.
3. Some content on this Website is protected by copyrights, trademarks, and other intellectual property rights that are owned and controlled by us or by other parties that have licensed their material to us. User shall not use, modify, display, distribute or otherwise use such content or reproduce it for personal gains or commercial purposes.
4. You retain the copyright of the content you upload on Reclica. However, by uploading any media, like a images or videos, (a) you grant to us a perpetual, non-exclusive, worldwide, royalty-free license to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in the media; and (b) you certify that any person pictured in the submitted media (or, if a minor, his/her parent/legal guardian) authorizes Reclica to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in such media; and (c) you agree to indemnify Reclica and its affiliates, directors, officers and employees and hold them harmless from any and all claims and expenses, including attorneys' fees, arising from the media and/or your failure to comply with these terms.
Reclica Terms for Medical Experts:
1. By using Reclica you agree to abide by these guidelines and terms. A few things you should know:
2. Obtain a signed informed consent from patients if you intend to consult with other medical experts for or on behalf of patients
3. As a medical expert you have no obligation to answer any submitted question
4. Avoid offending others
5. Responses should always be appropriate. Brief, casual, and friendly responses are the most useful. Help Reclica remain a trusted resource, by avoiding potentially offensive content whenever possible.
6. Share your professional clinical expertise though answers that are evidence-based and consistent with accepted standards in the medical community.
7. Avoid commercial responses
8. You are allowed to link to external websites that are both appropriate and related to your responses, but answers on Reclica should be complete and should not be used for primarily promotional purposes. Please do not plagiarize and cite sources where applicable. Using answers as a vehicle to promote a product or service is prohibited.
9. Avoid advertising or specifically soliciting patients
10. Patients on Reclica can find your professional contact information through your profile, and can contact you for an appointment. However, please avoid violating medical council rules regarding advertising and patient solicitation.
11. Avoid disclosing confidential material
12. Be careful not to discuss privileged or confidential details of past or current patients, or accidentally revealing confidential information in an indirect way - such as by discussing hypothetical illustrations that could be traced back to specific patients.
13. Avoid actions that violate medical or government rules that apply to you.
Privacy and Security:
1. Reclica uses secure encryption technology to keep your information safe and secured at all times. Reclica is committed towards maintaining the privacy of the information uploaded by you on the Website and complies with the industry standards security safeguards for the purpose of securing the Website and the information provided/ uploaded by you.
2. Reclica uses all reasonable endeavors to ensure the integrity of the online payment facility's security. Despite our endeavors, breaches of security and confidentiality could occur. You acknowledge that we are not liable for any loss suffered by you as a result of any breaches in security.
Indemnity
1. You agree and undertake to indemnify defend and hold harmless Novosalus Technologies Pvt Ltd, its affiliates, employees, directors, officers, consultants, licensors, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising on account of (a) misdiagnosis/faulty judgment/interpretation error/perception error arising from (i) your failure to provide correct and/ or complete clinical information/ history about the patient in timely and clinically appropriate manner; or (ii) suppression of material facts; or (iii) your failure to provide relevant clinical information about the patient; or (iv) misinterpretation of the advice/ prescription/ diagnosis by you; or (v) failure to follow doctor's advice/ prescription by you; or (vi) by misdiagnosis/ faulty judgment/ interpretation error/ perception error on part of medical expert or (b) incorrect or inaccurate credit/ debit card details provided by you; or (c) using a credit/ debit card which is not lawfully owned by you; or (d) if you permit a third party to use your password or other means to access your account.
Disclaimer
1. Reclica provides the Services on "as is" basis and expressly disclaims all representations, warranties or conditions of any kind, either expressed or implied, as to the operation of the Website, the information, content, services provided through or in connection with the Website.
2. In no event shall Reclica be responsible for any third party misuse for the data and for any acts, deeds and circumstances beyond the control of the management of Reclica.
3. You agree and acknowledge that you are solely responsible for your conduct.
Limitation of Liability:
1. In no event shall we or any of our subsidiaries or affiliates, or our respective officers, directors, employees, agents, representatives, partners and licensors be liable for any direct, indirect, punitive, incidental, special or consequential damages or any damages whatsoever including without limitations, damages for loss of use, data or profits, arising out of or in any way connected with the use of Reclica.
Termination:
1. This arrangement may be terminated by either party at any time, with or without cause.
2. Reclica reserves the right to refuse the use of Services immediately in case your conduct is deemed by Reclica to be in contravention of applicable acts, laws, rules and regulations or considered to be unethical/ immoral.
Amendment of Terms of Use:
1. Reclica may at any time, without any prior notification to you, modify these terms and conditions.
2. Please review the latest version of the terms and conditions before proceeding to avail the Services.
3. If you continue to use the Service, it shall be deemed that you agree to accept and abide by the modified terms and conditions.
General Terms and Conditions:
1. This agreement shall be governed by the laws of India and shall be subject to the exclusive jurisdiction of the courts at Pune.
2. Reclica makes no representations that the Services are appropriate for patients in any other location except India as Reclica operates and controls this Website from India.
3. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law then the said provision will be superseded by a valid, enforceable provision and the remainder of the agreement shall continue in effect.
4. You acknowledge that the relationship created through your use of this Website shall be of principal to principal. You shall not represent yourself as a representative, agent or employee of Reclica.
5. You represent and warrant that you are not a minor (i.e. above 18 years of age) and that you are competent and eligible to enter into legally binding agreement

The terms and conditions herein form an agreement. Please read this agreement carefully and if you are not agreeable to any terms and conditions, please do not proceed further.

By clicking on "I Agree" and proceeding further you signify that you have read through, understood and accepted the aforementioned terms and conditions of use of Services. You must agree to the above terms and conditions in order to avail the Services through the Website.

If you have any queries or need any clarification or assistance, please contact us at: +91 8408878877 or admin@reclica.com

Reach us at:

Novosalus Technologies Pvt Ltd

Pune-411004, Maharashtra, India.

Email: admin@novosalus.com