Terms & Conditions
- Website or Shanthi Website: This refers to the internet resource www.Shanthi.com
- Shanthi PSS: This includes the ‘Shanthi Website’, and all the mobile and web applications associated with the Website. It also includes all products, solutions and services provided now and in the future by Shanthi. Shanthi PSS includes but is not limited to ‘Shanthi Website’, ‘Shanthi Marketplace’, ‘Shanthi PMS’, ‘Shanthi EMR’, ‘Shanthi PHR’, ‘Shanthi Telemedicine Services’, ‘Shanthi Communication Services’ etc. In the future, more products, solutions and services may be included in this term Shanthi PSS.
- Shanthi Marketplace: Shanthi.com is an online marketplace provided by Shanthi wherein users can find doctors according to the therapy they need, city, locality or by specialty they are looking for. They can book their appointment with healthcare specialists according to their need or choice and even interact with each other through tele-therapy
- Shanthi Patient Health, Shanthi EHR or Shanthi EMR: An electronic medical record keeping solution for clinics and healthcare specialists for keeping all the records safe and secure and providing superior services to their patients
- Shanthi Practice or Shanthi PMS : A practice management solution provided by Shanthi to clinics and healthcare specialists for efficiently managing and growing their practice
- Shanthi Health or Shanthi PHR: A portal and a mobile application for all users to manage their personal medical records in an electronic format, to send their medical records to healthcare professionals that they are consulting with, to receive medical records from healthcare professionals and organizations that they have consulted with, to securely store their medical records and to easily find their medical records when they want it
- Shanthi Telemedicine Services: A solution that is integrated into Shanthi PHR and Shanthi PMS, which enables users (patients) and Specialists to meet and consult virtually using our cutting-edge Chat, Voice and Video consultation platform
- Shanthi Communication Services: Shanthi will always give you reminders for your consultation and schedules by SMS, email and through push notification in our Shanthi mobile application
- Institution(s): This includes all incorporated or unincorporated for-profit businesses, non-profit organizations, NGOs, government bodies, and other organizations, no matter in what legal form the organization is structured. As long as the organization is accessing Shanthi, and/or using Shanthi PSS or Marketplace PSS, it is considered to be an Institution. Institution includes but is not limited to Medical Practices, Hospitals etc.
- Specialist(s): This includes all the medical professionals working in the domain of mental illness and social workers who are using Shanthi PSS to offer, sell or provide their services and treatments to all users, including but not limited to Clients and Institutions to other Specialists. It includes but is not limited to therapists, psychiatrists, psychologists, physicians, doctors, holistic care providers, etc. This term includes employees, agents, or independent contractors of specialists. Specialists may be individual members or specialists with a direct subscription to Shanthi, or, specialists may be part of an Institution and may be accessing Shanthi and using Shanthi PSS or Marketplace through the Institution’s subscription.
- : This includes all individuals and businesses that are using Shanthi PSS to offer, provide, or sell their products, solutions and services to all Users, including but not limited to Clients, Specialists and Institutions.
- Client(s): This includes all users of Shanthi PSS that are seeking information on, or services of Specialists, Institutions and perhaps even other Clients. It also includes casual visitors to Website.
- User(s): This includes all Clients, Institutions and Specialists. All Users are hereinafter also individually and collectively referred to as “You”, or “you”, and all matters related to ‘you’ is referred to as “your” or “Your”, without any case sensitivity.
- Marketplace PSS: All products, services and solutions provided now and in the future by Institutions and Specialists.
- User Content: This includes all content on Shanthi PSS; which may or may not be related to Shanthi, Shanthi PSS, Marketplace PSS or any User; that is generated by User; including but not limited to data, information, text, graphics, images, audio, video, ideas, suggestions, views, opinions, and the collection, arrangement and assembly thereof.
- Shanthi Content: This includes all content on Shanthi PSS; which may or may not be related to Shanthi, Shanthi PSS, Marketplace PSS or any User; be it user generated or generated by Shanthi; including but not limited to data, information, text, graphics, images, audio, video, logos, button, icons, software code, design, ideas, suggestions, views, opinions, and the collection, arrangement and assembly thereof.
- Third-Party Content: Shanthi PSS, including Website, may be linked to the website of third parties, affiliates and business partners. All content on such third-parties is called third-party content; including but not limited to data, information, text, graphics, images, audio, video, logos, button, icons, software code, design, ideas, suggestions, views, opinions, and the collection, arrangement and assembly thereof.
- Health Record: Any information about your health, well being, diagnosis, treatment, medications and other health related matter. Health Records are in Shanthi EMR and Shanthi PHR. Health Records are created either by the Client or by Specialists.
- Personal Information (PI): It is defined to mean 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. It includes, but is not limited to:
- Contact and identity information (Mailing Address and Phone Number)
- Demographic data (such as your Gender, Date of Birth and Pin Code);
- Insurance and other billing information (Credit Card Number)
- Health information (Past Health Records & Allergies etc.)
- Data regarding your usage of the Shanthi PSS and history of the appointments made by or with you through the use of Shanthi PSS;
- Other personal information as indicated (our forms indicate what information is required, and what information is optional)
- Sensitive Personal Data or Information (SPDI): This is information collected to provide you a safe, secure and productive experience in using Shanthi. It includes, but is not limited to:
- 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
Covenants and Clauses
Prior to using Shanthi PSS or Marketplace PSS, all Users are required to carefully read all the clauses in Agreement. You are required to agree to all clauses in Agreement, and the very act accessing Shanthi, of using Shanthi PSS or Marketplace PSS, or providing any information to Shanthi, constitutes your acceptance of all the clauses in Agreement. Should you not agree to any clause in Agreement, please do not use Shanthi PSS or Marketplace PSS, or provide any information to Shanthi.
Whereas, Shanthi desires to offer Shanthi PSS and Marketplace PSS to Users, and desires to provide several benefits to users, including but not limited to the following:
- Provide technologies, tools and business solutions to Specialists that helps them expand their practices and makes their practices very efficient
- Provide visibility to Specialists in a large marketplace of Clients
- Promote Marketplace PSS of Specialists to Clients
- Provide relevant health information to Clients
- Provide Clients find the right Specialists
- Help Clients find the right Marketplace PSS from Specialists
- Connect Clients to Specialists
- Book appointments for Clients with Specialists
- Collect payments from Clients on behalf of Specialists
Whereas Users desire to use Shanthi PSS and or Marketplace PSS, and benefit from them, and therefore are interacting with Shanthi and providing it their PI or SPDI, or any other information.
Therefore, Users agree to all the clauses and covenants in Agreement.
Applicability of Agreement
Agreement applies to all Users, including Clients, Specialists and Institutions. It is relevant to all Shanthi PSS and Marketplace PSS. Shanthi PSS and Marketplace PSS may change from time to time at the sole discretion of Shanthi, and the Agreement will continue to apply no matter what the changes are.
This Agreement defines the terms and conditions under which you are allowed to use Website, Shanthi PSS and Marketplace PSS. It describes the manner in which we shall treat your account while you are registered as a member with us.
By downloading or accessing the Website or by using Shanthi PSS or Marketplace PSS, you irrevocably accept all the conditions stipulated in Agreement, 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 Shanthi Website or of Shanthi PSS or Marketplace PSS. By availing any Shanthi PSS or Marketplace PSS, you signify your acceptance of all the terms in Agreement.
We reserve the right to modify or terminate any portion of Agreement for any reason and at any time. You should read the Agreement at regular intervals. Your use of the Website following any such modification constitutes your agreement to follow and be bound by the Agreement so modified.
You acknowledge that you will be bound by Agreement for availing any Shanthi PSS or Marketplace PSS offered by us. If you do not agree with any part of the Agreement, please discontinue your use of Website, Shanthi PSS or Marketplace PSS.
Your access to use of the Website and Shanthi PSS or Marketplace PSS will be solely at the discretion of Shanthi.
You must be at least 18 years of age or older to register, use Shanthi PSS, use Marketplace PSS, or visit or use the Website in any manner. By registering, visiting and using the Website, Shanthi PSS or Marketplace PSS, or accepting this Agreement, you represent and warrant to Shanthi that you are 18 years of age or older, and that you have the right, authority and capacity to use the Website and Shanthi PSS as well as Marketplace PSS available through the Website, and agree to and fully abide by this Agreement.
Terms Relevant to all Clients
- Accuracy, Security and Privacy of Your Credentials, PI and SPDI
- Information Collection: Shanthi may 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 Shanthi’s services and to build new services.
The Website allows Shanthi 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 Specialists and Institutions.
- Accuracy of PI and SPDI: Shanthi shall not be responsible in any manner for the authenticity of PI or SPDI supplied by the User to Shanthi or to any other person acting on behalf of Shanthi.
- Inaccurate Information: If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Shanthi has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Shanthi has the right to discontinue the Services to the User at its sole discretion.
- Confidentiality of your credentials: You, 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 Shanthi of any actual or suspected unauthorized use of the User’s account or password. Although Shanthi will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Shanthi or such other parties as the case may be, due to any unauthorized use of your account.
- Communications Privacy: Shanthi provides Communication Services including Chat, Voice and Video communications, for booking appointments and for Telemedicine. Such communications facility provided to you by Shanthi can be used for appointment and booking purposes and for telemedicine consultation on health-related issues. When Shanthi’s Communication Services are used for telemedicine consultation on health-related issues, you accept total responsibility for verifying and ensuring that the person you are communicating with is a legitimate licensed Specialist, who will keep your PI, SPDI and other information in a secure manner, and will use all of it only to help you. Shanthi accepts no liability for the security of your data that is provided to anybody on the Shanthi Marketplace.
- Consultation Privacy: Whether it is by tele-therapy, telepsychology, tele-psychiatry, or telemedicine using Shanthi’s Telemedicine Services, or whether it is by in-person consultations, prior to consulting with any Institution or Specialist, it is your responsibility to verify and validate that the individual and organization that you are consulting with is legitimate and is qualified to help you, and will treat your PI, SPDI and other information with care, protect them and use them only for your benefit. You should do this verification and validation by reading reviews posted on the Institution or Specialist on Shanthi, and also more importantly on other web resources, and other independent means by doing reference checks and so forth. While Shanthi does everything it can to verify the veracity of the credentials of Institutions or Specialists, it by no means guarantees that the Institutions or Specialists who are in Shanthi’s database and or providing their products, solutions and services on Shanthi’s Marketplace are legitimate and credentialed providers, and it also does not guarantee that they will use your PI, SPDI and other information only for your benefit.
Shanthi Marketplace Search Results
Shanthi’s search algorithm for finding Institutions and Specialists is fully automated. The search results of Specialists do not represent any fixed objective ranking or endorsement by Shanthi. Shanthi will not be liable for any change in the relevance of the Specialists on search results, which may take place from time to time. The listing of Specialists 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 search algorithm. Shanthi in no event will be held responsible for the accuracy and the relevancy of the search listing order of the Specialists on the Website.
- Shanthi Content and Listing Information
- Accuracy of Shanthi Content and User Content: Shanthi directly or indirectly collects, and displays on the Website, relevant information regarding the profile and practice of Institutions and Specialists listed on the Website, such as their specialization, products, solutions, services, qualifications, fees, location, visiting hours, and similar details. Shanthi takes reasonable efforts to ensure that such information is updated at frequent intervals. Although Shanthi screens and verifies the information and photos submitted by the Specialists and Institutions, it cannot be held liable for any inaccuracies or incompleteness represented from it, despite such reasonable efforts.
- No Warranties: The Services provided by Shanthi or any of its licensors or service providers 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). Shanthi does not provide or make any representation, warranty or guarantee, express or implied about the Website, Shanthi PSS or Marketplace PSS. Shanthi does not guarantee the accuracy or completeness of any Shanthi Content or User Content. To the fullest extent permitted by law, Shanthi disclaims all liability arising out of the User’s use or reliance upon the Website, Shanthi PSS and Marketplace PSS, Shanthi Content, User Content, 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 Shanthi or any User in relation to any User or services provided by such User.
- Not responsible for Third-Party Content: Shanthi has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of Third-Party Content. Inclusion of any link on the Website, Shanthi PSS or Marketplace PSS does not imply that Shanthi endorses the linked site and the Third-Party Content in it. User may use the third-party links, their information and their services at User’s own risk.
- Viruses and Malware: Shanthi takes all measures, and uses appropriate technologies to ensure that its Website and Shanthi PSS are free of Viruses and other Malware. Nevertheless, Shanthi assumes no 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.
- Inaccurate Feedback: If Shanthi determines that you directly or indirectly have provided fraudulent, inaccurate, or incomplete information, including through feedback, Shanthi reserves the right to immediately suspend your access to the Website or any of your accounts with Shanthi and make such declaration on the website alongside your name/your Institution’s name as determined by Shanthi for the protection of its business and in the interests of Users. You shall be liable to indemnify Shanthi for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected Shanthi or its Users.
- Booking Appointments, Cancellation and Interacting with Specialists
- Appointments: While Shanthi will do its best to ensure a confirmed appointment for any Client who is requesting an appointment with a Specialist, Shanthi does not guarantee that the Client will get a confirmed appointment. Further, Shanthi has no liability if confirmed appointments are later cancelled by Institutions or Specialists, or if the Specialists are not available as per the confirmed appointment time. If a User has used Shanthi to book appointments with Specialists, Shanthi reserves the right to share the contact details of the User with the Specialists.
- Communications: Shanthi provides Communications Services, including Chat, Voice and Video, using which Users can interact with Specialists. If a User has used Shanthi Communication Services for telemedicine consultation sessions with Specialists, Shanthi reserves the right to share the contact details of the User with the Specialists.
Payment and Cancellation Policy: If the Specialist with whom the appointment has been booked is not available, the Client has to
(a) Cancel the current appointment or
(b) Consult another Specialist with the Specialist’s consent.
- Cancellation of the appointment by the Client should be done at least one (1) hour prior to the time blocked for appointment. In such an event, the entire amount will be refunded to the Client within 14 business days from the date of cancellation. In case a booking confirmation e-mail gets delayed due to technical reasons in Client’s or Specialist’s email systems, or as a result of incorrect e-mail ID provided by the Client or Specialist, the appointment will still be considered as 'booked'. In addition to email, Client and Therapist should look at their respective Shanthi portals to see their appointments. Shanthi shall not be liable for any refunds to the customer in the event the Client’s booked slot/ time for an appointment has been delayed. Any claims related to the appointment/ refund should be reported to Shanthi support team at Shanthi.email@example.com within two (2) days of appointment date with the Specialist.
- If any Specialist has acted in contravention with any guidelines/applicable laws/ rules/ regulations, Shanthi shall provide complete refund to the Client, subject to investigation undertaken by Shanthi. However, where the cancellation is due to the abusive nature of the Client, such Client shall not be eligible for any refund and Shanthi/Specialist shall be entitled to take any legal action, depending upon the gravity of the matter.
- Responsibility for verifying and Selecting Specialists and Institutions : If you decide to engage with any User, including any Specialist or Institution to provide medical products, solutions or services to you, you do so at your own risk. The results of any search you perform on the Website for Specialists or Institutions should not be construed as an endorsement by Shanthi of any such particular Specialist or Institution. Shanthi shall not be responsible for any breach of service or service deficiency by any Specialist or Institution. We cannot assure nor guarantee the ability or intent of the Specialist(s) or Institution(s) to fulfill their obligations towards you. We advise you to perform your own investigation prior to selecting a Specialist or Institution.
- Responsibility for your Interactions with Specialists and other Users: You understand and agree that any interactions and associated issues with other Users (including Specialists and Institutions) pertaining but not limited to your health issues and your experiences is strictly between you and the other Users. You shall not hold Shanthi responsible for any such interactions and associated issues. For avoidance of doubt, Shanthi is not involved in providing any healthcare or medical advice or diagnosis and hence is not responsible for any outcome between you and the User you interact with (including Specialists and Institutions), pursuant to any interactions on the Website.
- Indemnity: Client will fully and totally indemnify Shanthi and will not hold it liable for any and all actions of Specialists and Institutions, nor will Client hold Shanthi liable in any manner whatsoever for outcomes of interactions with or of using the Marketplace PSS of any Specialist or Institution. Without prejudice to the generality of this clause, Shanthi will not be liable for:
- Any wrong medication or treatment quality being given by the Specialist(s) or Institutions(s), or any medical negligence on part of the Specialist(s) or Institutions(s)
- Any type of inconvenience suffered by the Client due to a failure on the part of the Specialist(s) or Institution(s) to provide agreed services or for inappropriate treatment, or similar difficulties
- Any misconduct or inappropriate behavior by the Specialist(s) or the Specialist’s or Institution’s staff
- Cancellation or rescheduling of booked appointments or any variance in the fees charged
- Any medical eventualities that might occur subsequent to using Marketplace PSS of any Specialist or Institution, whom the User has selected on the basis of the information available on the Website or with whom the User has booked an appointment through the Website.
Further, Shanthi 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 another User. All such feedback should be made in accordance with applicable law. The option of Users to give feedback remains at Shanthi’s sole discretion and may be modified or withdrawn at its sole discretion. Shanthi may moderate such feedback at any time. Shanthi shall not be obliged to act in any manner to give effect to the content of Users’ feedback, such as suggestions for delisting of a particular Specialist from the Website.
- Relationship and Usage
- No Doctor-Patient Relationship: Please note that 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 Shanthi 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 Specialist.
- Information Source only with no Warranties: It is hereby expressly clarified that, the Information that you obtain or receive from Shanthi, 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.
- Not for Emergency use: Shanthi PSS and Marketplace PSS are not designed for nor intended to be used for getting emergency healthcare. If you are facing any medical emergency (either on your or another person’s behalf), please contact an ambulance service or hospital directly.
- Rules, Consent and Compliance Related to
- Records of your Conversations: You understand agree that your Chat, Audio and Video conversations with the Specialists and Institutions may be retained in our database for legal and/or administrative purposes (example: to resolve issues raised by Users either for refund or to conduct investigation in case of issues raised by Users).
- Content Generated by you and Uploaded onto Shanthi: You hereby assign to Shanthi, in perpetuity and worldwide, all intellectual property rights in any and all content created by you and uploaded by you onto Shanthi PSS. You acknowledge that you are the original author and creator of any Content uploaded by you via Shanthi and that no content uploaded by you would constitute infringement of the intellectual property rights of any other person. You also agree that Shanthi shall have the right to edit or remove the content and any comments in such manner as it deems necessary and appropriate.
You agree that Shanthi reserves the right to remove any content which it may determine at its own discretion as violating the intellectual property rights of any other person. You agree to absolve Shanthi from and indemnify Shanthi against all claims that may arise as a result of any third party intellectual property right claim that may arise from the uploading of any content on Shanthi by you.
- No Defamatory or Obscene Content: You agree not to upload content which is defamatory, obscene or objectionable in nature and Shanthi reserves the right to remove any content which it may determine at its own discretion to violate these Terms and Conditions or violate any law or statute in force at the time. You agree to absolve Shanthi from and indemnify Shanthi against all claims that may arise as a result of any legal claim arising from the nature of the content posted by you on Shanthi PSS and Marketplace PSS.
- Reviews and Comments: You agree that you are solely responsible for the content that you choose to submit for publication on the Website, including any feedback, ratings, or reviews relating to Specialists and Institutions. The role of Shanthi in publishing them is restricted to that of an ‘intermediary’. Shanthi disclaims all responsibility with respect to the content, and its role with respect to such content is restricted to its obligations as an ‘intermediary’. Shanthi shall not be liable to pay any consideration to any User for publishing or re-publishing any content across any of its platforms.
You hereby agree not to post or publish any content on the Website that
- Infringes any third-party intellectual property or publicity or privacy rights, or
- Violates any applicable law or regulation
Shanthi, at its sole discretion, may choose not to publish your reviews and feedback, if so required by applicable law, and in accordance with its own policies. You agree that Shanthi 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 Shanthi’s services; and/or
- Obtaining feedback in relation to any Specialists listed on the Website; and/or
- Resolving any complaints, information, or queries by Specialists regarding your Critical Content and you agree to provide your fullest co-operation further to such communication by Shanthi.
- Usage of User Generate Content: You agree and accept that Shanthi does not provide any warranty as to the ownership of the intellectual property on Shanthi Website and you acknowledge that you will use the content at their own risk. You agree that the content uploaded via Shanthi does not constitute medical advice and may not be construed as such by any person. You also agree to absolve Shanthi from and indemnify Shanthi against all claims that may arise as a result of any third party intellectual property claim if you download, copy or otherwise utilize it for your personal or commercial gain.
- Laws/ rules/ regulations/ guidelines by the Specialist, Shanthi has the right to show other available Specialists to the patient or remove Specialists from the platform/Shanthi application/site
- The Specialist understands and agrees that, Shanthi shall at its sole discretion, at any time be entitled to, show other Specialists available for consultation
- The Specialist further understands that, there is a responsibility on the Specialist to treat the patients on this model, as the Specialist would have otherwise treated the patient on a physical one-on-one consultation model
- The Specialist has the discretion to cancel any consultation at any point in time in cases where the Specialist feels, it is beyond his/her expertise or his/her capacity to treat the patient. In such cases, patient has the option of choosing other Specialists
- The Specialist shall at all times ensure that all the applicable laws that govern the Specialist shall be followed and utmost care shall be taken in terms of the consultation being rendered
- The Specialist acknowledges that should Shanthi find the Specialist to be in violation of any of the applicable laws/ rules/ regulations/ guidelines set out by the authorities then Shanthi shall be entitled to cancel the consultation with such patient or take such other legal action as may be required
- It is further understood by the Specialist that the information that is disclosed by the patient at the time of consultation, shall be confidential in nature and subject to patient and Specialist privilege
- The Specialist shall ensure patient’s consent is obtained prior to uploading the prescription or health records of the patient on the account of the patient during such consultation
- User acknowledges that the Content on Shanthi Health feed reflects the views and opinions of the authors of such Content and do not necessarily reflect the views of Shanthi.
- The User acknowledges that all intellectual property rights in the Content on Shanthi Health feed vests with Shanthi. The User agrees not to infringe upon Shanthi’s intellectual property by copying or plagiarizing content on Shanthi Health feed. All comments created and uploaded by the User on Shanthi Health feed will be the sole intellectual property of Shanthi.
- Content Ownership
- User generated content, or
- Belong to Shanthi
- Permitted Usage:
- Health Records
Shanthi Content on Shanthi Website and other Shanthi PSS are
Without prejudice against its full definition as stated earlier in the Definitions section, Shanthi Content includes information that is collected by Shanthi directly or indirectly from the Users, and information that is generated by Shanthi. All Shanthi Content belongs to Shanthi. Copying of the copyrighted content published by Shanthi for any commercial purpose or for the purpose of earning profit will be a violation of copyright and Shanthi reserves its rights under applicable law accordingly.
Shanthi authorizes the User to view and access Shanthi Content on or from Shanthi PSS solely for ordering, receiving, delivering and communicating only as per this Agreement. The contents of Shanthi PSS are the property of Shanthi and are protected under copyright, trademark and other laws. User shall not modify the Shanthi Content or reproduce, display, publicly perform, distribute, or otherwise use the Shanthi Content in any way for any public or commercial purpose or for personal gain.
Prohibited Usage: User shall not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
Shanthi provides all Clients with Shanthi PHR solution, using which your Health Records, i.e., health and medical records, are created, safely exchanged with your permission, securely stored and easily retrieved by you. The information in this solution includes:
- Information created by you the Client: Information uploaded by you or information generated during your interaction with Shanthi ecosystem, e.g.: appointments, your wellness data, your vitals, etc.
- Information created by the Specialist or the Institution: Health Records generated by your interaction with a Specialists who uses ‘Shanthi EMR’ and ‘Shanthi PMS’ or other products, solutions and services of Shanthi.
- Shanthi does not create any information that is in your personal Shanthi PHR solution, nor does it create any information that is in the Shanthi EHR and Shanthi PMS solutions used by the Specialists and Institutions. All information and Health Records created in these solutions is as a result of explicit actions taken by you or by the Specialists or Institutions.
- Your Health Records are only created in your Shanthi PHR after you have signed up and explicitly accepted these all terms and conditions in the Agreement
- Any Institution created Health Record is provided on an as-is basis at the sole intent, risk and responsibility of the Specialist and Shanthi does not validate the said information and makes no representation in connection therewith. You should contact the relevant Specialist in case you wish to point out any discrepancies or add, delete, or modify the Health Record in any manner
- The Health Records are provided on an as-is basis. While we strive to maintain the highest levels of service availability, Shanthi is not liable for any interruption that may be caused to your access of the Services
- It is your responsibility to keep your correct mobile number and email ID updated in the User Records. The Health Records will be sent to the User Records associated with this mobile number and or email ID. Every time you change any contact information (mobile or email), we will send a confirmation. Shanthi is not responsible for any loss or inconvenience caused due to your failure in updating the contact details with Shanthi
- Shanthi uses industry–level security and encryption to your Health Records. However, Shanthi does not guarantee to prevent unauthorized access if you lose your login credentials or they are otherwise compromised. In the event you are aware of any unauthorized use or access, you shall immediately inform Shanthi of such unauthorized use or access. Please safeguard your login credentials and report any actual suspected breach of account to Shanthi.firstname.lastname@example.org
- If you access your dependents’ Health Records by registering your dependents with your own Records, you are deemed to be responsible for the Health Records of your dependents and all obligations that your dependents would have had, had they maintained their own separate individual records. You agree that it shall be your sole responsibility to obtain prior consent of your dependent and shall have right to share, upload and publish any sensitive personal information of your dependent. Shanthi assumes no responsibility for any claim, dispute or liability arising in this regard, and you shall indemnify Shanthi and its officers against any such claim or liability arising out of unauthorized use of such information
- In case you want to delete your Health Records, you can do so by contacting our service support team. However only your account and any associated Health Records will be deleted, and your Health Records stored by your Specialists will continue to be stored in their respective accounts
- You may lose your “User created” Health Record, if the data is not synced with the server
- If the Health Record is not accessed for a stipulated time, you may not be able to access your Health Records due to security reasons
- Shanthi is not liable if for any reason, Health Records are not delivered to you or are delivered late despite its best efforts
- The Health Records are shared with the phone numbers that are provided by your Specialist. Shanthi is not responsible for adding the Heath Records with incorrect numbers if those incorrect numbers are provided by the Specialist
- Shanthi is not responsible or liable for any content, fact, medical information or the language used in your Health Records whatsoever. Your Specialist is solely responsible and liable for your Health Records and any information provided to us including but not limited to the content in them
- Shanthi has the ability in its sole discretion to retract Health Records without any prior notice if they are found to be shared incorrectly or inadvertently
- Shanthi will follow the law of land in case of any constitutional court or jurisdiction mandates to share the Health Records for any reason
- You agree and acknowledge that Shanthi may need to access the Health Record for cases such as any technical or operational issue of the User in access or ownership of the Records
- You acknowledge that the Specialists you are visiting may use Shanthi's software or third-party software for the purposes of conducting of the Specialist’s business, and in this process your Health Record may be stored in your country and outside your country, in accordance with the applicable laws
Terms Relevant to all Specialists and Institutions
- User Content and Listing Policy
- Profile Content: Shanthi, directly and indirectly, collects information regarding the Specialists’ profiles, contact details, and practice. Shanthi reserves the right to take down any Specialist’s profile as well as the right to display the profile of the Specialists, with or without notice to the concerned Specialist. This information is collected for the purpose of facilitating interaction with the Clients and other Users. If any information displayed on the Shanthi Website in connection with you and your profile is found to be incorrect, you are required to inform Shanthi immediately to enable Shanthi to make the necessary amendments
- Curation and Moderation of Content: Shanthi reserves the right to moderate the suggestions made by the Specialists through feedback and the right to remove any abusive or inappropriate or promotional content added on the Website. However, Shanthi shall not be liable if any inactive, inaccurate, fraudulent, or non- existent profiles of Specialists are added to the Website.
- Ownership of Content Uploaded: Shanthi ensures easy access to the Specialists by providing a tool to update your profile information. Shanthi reserves the right of ownership of all the Specialist’s profile and photographs and to moderate the changes or updates requested by Specialists. However, Shanthi 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 Shanthi’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, Shanthi may modify or delete parts of your profile information at its sole discretion with or without notice to you
- Liability for Usage of Shanthi Website, Shanthi PSS and Marketplace PSS: You as a Specialist hereby represent and warrant that you will use the Shanthi PSS and Marketplace in accordance with applicable law. Any contravention of applicable law as a result of your use of Shanthi PSS and Marketplace PSS is your sole responsibility, and Shanthi accepts no liability for the same
- Reviews and Feedback Display Rights of Shanthi
- All Critical Content is content created by the Users of www.Shanthi.com(“Website”) and the clients of Shanthi customers and Specialists, including the End-Users. As a platform, Shanthi does not take responsibility for Critical Content and its role with respect to Critical Content is restricted to that of an ‘intermediary’ under the Information Technology Act, 2000. Shanthi’s Feedback Collection and Fraud Detection Policy, is annexed as the Schedule hereto, and remains subject always to these Terms
- Shanthi reserves the right to collect feedback and Critical Content for all the Specialists, Clinics and Healthcare Providers listed on the Website
- Shanthi shall have no obligation to pre-screen, review, flag, filter, modify, refuse or remove any or all Critical Content from any Service, except as required by applicable law
- You understand that by using the Services you may be exposed to Critical Content or other content that you may find offensive or objectionable. Shanthi shall not be liable for any effect on Specialist’s business due to Critical Content of a negative nature. In these respects, you may use the Service at your own risk. Shanthi however, as an ‘intermediary, takes steps as required to comply with applicable law as regards the publication of Critical Content. The legal rights and obligations with respect to Critical Content and any other information sought to be published by Users.
- Shanthi will take down information under standards consistent with applicable law, and shall in no circumstances be liable or responsible for Critical Content, which has been created by the Users. The principles set out in relation to third party content in the terms of Service for the Website shall be applicable mutatis mutandis in relation to Critical Content posted on the Website.
- If Shanthi determines that you have provided inaccurate information or enabled fraudulent feedback, Shanthi reserves the right to immediately suspend any of your accounts with Shanthi and makes such declaration on the website alongside your name/your clinics name as determined by Shanthi for the protection of its business and in the interests of Users.
- Independent Services
Your use of each Service confers upon you only the rights and obligations relating to such Service, and not to any other service that may be provided by Shanthi.
Rights and Obligations Relating to Content
- As mandated by Regulation 3(2) of the IG Rules, Shanthi hereby 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, defense, 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
- Users are also prohibited from:
- Violating or attempting to violate the integrity or security of the Website or any Shanthi 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 Shanthi
- 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 Shanthi Content or other information available from the Website
- Framing or hot linking or deep linking any Shanthi Content
- Circumventing or disabling any digital rights management, usage rules, or other security features of the Software
- Shanthi, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information as mentioned above, shall be entitled to disable such information that is in contravention of Clauses 5.1 and 5.2. Shanthi shall also be entitled to preserve such information and associated records for at least 90 (ninety) days for production to governmental authorities for investigation purposes.
- Shanthi 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. The SPI Rules only permit Shanthi to transfer sensitive personal data or information including any information, to any other body corporate or a person in India, or located in any other country, that ensures the same level of data protection that is adhered to by Shanthi as provided for under the SPI Rules, only if such transfer is necessary for the performance of the lawful contract between Shanthi or any person on its behalf and the User or where the User has consented to data transfer.
Shanthi respects the intellectual property rights of others and we do not hold any responsibility for any violations of any intellectual property rights
- Shanthi 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
- Shanthi is unable to verify or authenticate any information provide to Shanthi by a User
- Shanthi has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User
- Shanthi believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for Shanthi or are contrary to the interests of the Website
- 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.
Limitation of Liability
In no event, including but not limited to negligence, shall Shanthi, 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 Specialists to End- Users contacted or managed through the Website
- any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Website
- any unauthorized access to or alteration of your transmissions or data; or
- any other matter relating to the Website or the Service
In no event shall the total aggregate liability of the Protected Entities to a User for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from this Agreement or a User’s use of the Website or the Services exceed, in the aggregate Rs. 1000/- (Rupees One Thousand Only).
Retention and Removal
Shanthi may retain such information collected from Users from its Website or Services for as long as necessary, depending on the type of information; purpose, means and modes of usage of such information; and according to the SPI Rules. Computer web server logs may be preserved as long as administratively necessary.
Applicable Law and Dispute Settlement
- You agree that this Agreement and any contractual obligation between Shanthi and User will be governed by the laws of India.
- Any dispute, claim or controversy arising out of or relating to this Agreement, including the determination of the scope or applicability of this Agreement to arbitrate, or your use of the Website or the Services or information to which it gives access, shall be determined by arbitration in India, before a sole arbitrator appointed by Shanthi. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be Bangalore. 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 to the dispute.
- Subject to the above Clause 2, the courts at Bengaluru shall have exclusive jurisdiction over any disputes arising out of or in relation to this Agreement, your use of the Website or the Services or the information to which it gives access.
If a User has any questions concerning Shanthi, the Website, this Agreement, the Services, or anything related to any of the foregoing, Shanthi customer support can be reached at the following email address: Shanthi.email@example.com or via the contact information available from the following hyperlink: http://www.Shanthi.com/.
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.
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 Shanthi. Any consent by Shanthi to, or a waiver by Shanthi 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.
- Terms of Service- Online Appointment Booking Facility
- Online Appointment Booking Facility: Online Appointment Booking is a facility offered by Shanthi.com to patients for booking appointments online with our partners.
- Objectives of Online Appointment Booking Facility
The two-fold objective of Shanthi.com is to ensure:
- Excellent experience for our patients by minimizing their waiting time and scheduling their session sin advance
- Excellent experience for our partners by maximizing their utilization of time
- Mandatory Terms of Service for Partners
- Every doctor should honor all appointments booked via Shanthi.com
- It is mandatory that the patient meets the same doctor with whom the appointment has been confirmed
- The doctor should communicate about any expected delay/cancellation at least 2 hours prior to the scheduled time of appointment
- Mandatory Terms of Service for Patients ‘Book Appointment’ button on Shanthi.com is a privilege given to the Patient, Shanthi reserves the right to withdraw this in case of repeated instances of “Patient No Show”.
- Privileges for Partners
For complying with the terms of service on Shanthi.com the partners will be offered following privileges:
Online Appointments Booking Facility
- Patients can seamlessly book their appointments 24X7 on www.Shanthi.com or on Shanthi Mobile Application
- Improve relevance score on Shanthi.com
- Shanthi provides the services on “as is” and “as available” basis. Shanthi does not represent, warrant or guarantee that your access to or use of Shanthi.com:
- Will be uninterrupted or error free; or
- Will result in any requests for appointments. Notwithstanding anything contained herein, Shanthi disclaims all liability for any act or omission of you, any Patient or other third party