Terms Of Service

Kivihealth Agreement Doctor Subscription

Vitalic healthcare Pvt. Ltd, on behalf of itself and its affiliates/group companies under the brand "KiviHealth", is the author and publisher of the internet resource www.kivihealth.com and the mobile application 'KiviHealth (together, "Website"). Vitalic owns and operates the services provided through the Website. The services provided by the Website may be provided either by Vitalic or its affiliates/group companies.

1) About KiviHealth
  • Clinic Management System – Systematic management of appointments, flow of patients in OPD setting, Supported by a multi-platform (iPhone, android, windows) mobile app for doctors for easy routine management through both online and offline modes.

  • Electronic Health Records (EHR) – Comprehensive fully template solution that minimizes typing and saves time for the doctor (“Doctor” or “You”). EHR that comprises of all patient (“Patient” or “Customer”) information such as, physical ailments, medical history, previous investigations, and prescribed medicines etc. This leads to an efficient and accurate patient diagnosis and timely treatments.

  • Billings, Invoices & Receipts – Request & initiate payment processes through online (credit/debit/net banking/e-wallets) payment gateways. Prepare your bills including or excluding GST. Print the invoices and receipts or simply Email it to the Patients. Keep a track of all the pending, received and due payments for each Patient easily. Further helps with the form 3C data for year-end financial planning.

  • Treatment Plans – Facilitates adding new procedures and creating tailor-made templates for each Patient. It includes specific treatment procedure to be carried out along with its tentative costs and charges. Instructions for specific patient before/after the treatment can be added & it can also be used as a self-explanatory note for Doctor's own reference. Thus, the Doctor and Patient are on the same page and a transparency is maintained throughout the treatment.

  • Tele Medicine – You can now fix e-appointments and allow your Patients to consult you directly through Skype, call or chat from anywhere at a fixed time of engagement just like the regular appointments. A reminder notification is set to help you keep a track and manage them with ease.

  • Doctor Mobile / Tablet App – Check and manage appointments, keep a tab on your Patient's health and recovery update or make changes as and when required, all this makes it perfect for a busy scheduled day. Our apps are compatible with android, iPhone and windows phones for a hassle-free usage.

  • Data analytics – Creating an interactive platform to supplement Doctors in clinical management of a Patient by providing additional features in understanding Patient health information. It also helps draw a concrete conclusion of the working data and helps observe the progress on a regular basis.

  • Maximize Patient Reach – Save on time and create a dedicated professional network by running SMS/Email campaigns & sending voice reminder calls. Supports in reaching out to your Patients on a systematic and dedicated method. An option of using vernacular languages is also provided for a reaching mass audience as per their convenience and comfort.

  • Security First – We respect your privacy and confidentiality and being a cloud-based software, all our data is stored in Amazon servers, known to be one of the most secure servers in the world.

  • Reviews & Ratings – Majority of people rely on online reviews and star ratings before deciding on buying any products or services, therefore, we also facilitate Doctors to build their goodwill by receiving reviews and rating from their patients to increase their market presence and social standing in the medical society. Our reviews are visible on Just Dial, Google and the Website at the same time.

2) What is included in a yearly subscription...?
  • SMS / Email campaign options as per the subscription opted for.
  • Add on SMS can be availed @ 20 paise per SMS.
  • Option to send automated voice reminder calls to patients.
  • Doctors to build their goodwill by receiving reviews and rating from their patients.
  • A dedicated account manager for end to end support.
  • Hours (Mon-Sat) tech support team for real time assistance on number 9898000380, Assistance not available on public holidays

STANDARD TERMS AND CONDITIONS
1) Definitions.
  • "KiviHeaIth" shall mean, collectively or individually, the software created/ designed by Vitalic healthcare Pvt. Ltd that is provided to the Customer(s) on a subscription basis for the Purpose, including the Updates (defined below).
  • "Updates & Upgrades" shall mean enhancements, bug fixes, updates and new versions made to KiviHeaIth

2) License Grant and Access to Software.
  • Subscription to the Customers: Subject to all limitations and restrictions contained herein, Vitalic grants to the Customer a subscription, software as a service ('SaaS'), limited, revocable, non-exclusive, and non-transferable right to access and operate the object code form of the KiviHeaIth as hosted by Vitalic ("KiviHeaIth Hosted"). Customer shall not allow any website that is not fully owned by Customer to frame, syndicate, distribute, replicate, or copy any portion of Customer's web site that provides direct or indirect access to KiviHeaIth. Unless otherwise expressly permitted in this Agreement, Customer shall not permit any subsidiaries, affiliated companies, or third parties to access KiviHeaIth. Customer shall be provided with log-in credentials to KiviHeaIth by the Vitalic representative and the Customer shall use the same to create an account ("Customer Account"). The Customer Account shall be the interface between Vitalic and the Customer.
  • Implementation and Training: Upon the execution of the Agreement, Vitalic shall initiate the implementation of KiviHeaIth services (“Services”) for the Customer which shall include creating the segregated hosting environment and effecting necessary interfaces for the KiviHeaIth Hosted Software. In furtherance of the implantation of on-premise KiviHeaIth, Customer shall (i) grant to Vitalic such reasonable access to Customer's equipment (both electronically and physically), and to Customer premises, as shall be necessary or appropriate to enable Vitalic to perform its obligations hereunder; (ii) cooperate fully with Vitalic in the providing of services hereunder. For KiviHeaIth Hosted software, the subscription period shall be deemed to start from the day the software installation is complete and when the access to cloud based server is granted to the Customer. The start date of the subscription period in either case shall be referred to as the "Commencement Date". Further, Customer shall conduct the necessary training for the Customer's authorized users (as defined below) and the administrator of KiviHeaIth with respect to the use and operation of all modules or components of KiviHeaIth ("Implementation and Training"). Customer shall ensure the availability of the authorized users for the referred training.
  • Limitation on Use: KiviHealth may be used by the Customer for management of one hospital as per the details given above. KiviHealth may not be used through internet based remote access for any other hospital or clinic, save as the one specified.
  • Customization to the KiviHealth: Vitalic has the sole right to modify any feature, add a new functionality or customize them with respect to KiviHealth at its discretion and there shall be no obligation to honour customization requests of the Customer.
  • Customer Information: Any communication sent by or through Vitalic or KiviHealth to the clients or customers of the Customer is based solely on information uploaded by Customer on KiviHealth. The accuracy and completeness of such information (including but not limited to contact details of the client or customer) is the sole responsibility of the Customer. Vitalic will not be responsible for the incompleteness or inaccuracy such information, including if as a result of such inaccuracy, a communication is sent to an unintended recipient. Customer shall be required to maintain a back-up copy for all Customer information that it uploads on KiviHealth. If the Customer content is lost or damaged, Vitalic will assist the Customer in restoring the content to KiviHealth from the Customer's last available back up copy in compatible format.
  • Additional Restrictions: In no event shall Customer disassemble, decompile, or reverse engineer KiviHealth or permit others to do so. Disassembling, decompiling, and reverse engineering include, without limitation: (i) converting KiviHealth from a machine-readable form into a human-readable form; (ii) disassembling or decompiling KiviHealth by using any means or methods to translate machine-dependent or machine independent object code into the original human-readable source code or any approximation thereof; (iii) examining the machine-readable object code that controls KiviHealth's operation and creating the original source code or any approximation thereof by, for example, studying KiviHealth's behaviour in response to a variety of inputs; or (iv) performing any other activity related to KiviHealth that could be construed to be reverse engineering, disassembling, or decompiling.
  • Authorized Users: Unless otherwise specifically provided in the Agreement, authorized users of the Customer will only consist of: (i) employees of Customer, and (ii) subject to Section 5 ("Confidentiality"), third party contractors of Customer who do not compete with Vitalic ("Permitted Contractors"). Permitted Contractors may use KiviHealth only at Customer's place of business or in the presence of Customer personnel. Customer is fully liable for the acts and omissions of Permitted Contractors under this Agreement.

3) Technical Support.
  • Customer Support: Vitalic provides, at its discretion basic support for KiviHealth subscribed by the Customers at no additional charge, Customer Support shall be available between 10 am to 7 pm IST Monday to Saturday (excluding public holiday). The Vitalic central support team will respond to calls, log in to KiviHealth and respond based on tickets raised and the Customer will be able to track the tickets. Response times will be based on the severity of the issue logged.

4) Payments and Cancellation.
  • Payments: The payments for KiviHealth under this Agreement, including for all applicable taxes, shall be made in accordance with Financials mentioned as above.
  • Exclusion: All transactions made, or any money collected from patients are the Doctor's liability, as Vitalic is only facilitating the process and portal and does not hold any liability for such payments made or collected through or on behalf of Vitalic.

5) Confidentiality.
  • Confidential Information: The parties to this Agreement undertake to retain in confidence all information disclosed to the other party in relation to this Agreement that the disclosing party has designated as being confidential in writing or if disclosed orally, or if, designated as confidential at the time of such disclosure and reduced to writing conspicuously marked as confidential and sent to such other party within thirty (30) days thereof ("Confidential Information"). The terms and conditions of this Agreement including its Exhibits shall be considered Confidential Information.
  • Exclusions: Confidential Information will not include information that: (a) is or becomes generally known or available by publication, commercial use or otherwise through no fault of the receiving party; (b) the receiving party can demonstrate to have had rightfully in its possession and without restriction, prior to disclosure hereunder; (c) is independently developed by the receiving party without use of the disclosing party's Confidential Information, as can be shown by tile written records of the receiving party; (d) is lawfully obtained from a third party who has the right to make such disclosure; or (e) is released for publication by the disclosing party in writing. A receiving party also may disclose disclosing party's Confidential Information to the extent required by a court or other governmental authority, provided that the receiving party promptly notifies the disclosing party of the disclosure requirement and cooperates with the disclosing party (at the latter's expense and at its request) to resist or limit the disclosure.
  • Protection of Confidential Information: Each party agrees to protect the other party's Confidential Information to the same extent that it protects its own confidential information of a similar nature and shall take all reasonable precautions to prevent any unauthorized disclosure of Confidential Information to third parties. A party may disclose other party's Confidential Information to its directors, officers, employees and third-party contractor(s) ("Representatives") on a need to know basis and to the extent necessary for the purpose of this Agreement. If a party provides Confidential Information of the other party to its Representatives, then it will ensure that such Representatives have entered into a written confidentiality agreement with the part providing such information to the Representatives protecting such Confidential Information from unauthorized disclosure or improper use. Obligations of confidentiality under this Agreement shall survive the termination or expiration of the Agreement for a period of three (3) years; save for Confidential Information constituting trade secrets, in which event the obligations shall subsist indefinitely.
  • Any data provided by the Customer to Vitalic on KiviHealth (“Data”) will be safe and protected and will only be accessed or altered by the permission of the Customer.

6) Representations and Warranties.
  • By the Customer: The Customer represents and warrants that the (a) Customer is 18 years of age or older and has the right, authority and capacity under the applicable law to use KiviHealth and enter into this agreement; (b) Customer will not transfer (including by way of sublicense, lease, assignment or other transfer, including by operation of law) their login and account details or right to use KiviHealth to any third party; (c) information given to Vitalic or uploaded on KiviHealth by the Customer will always be true, accurate, correct, complete and up to date, to the best of the Customer's knowledge and that the Customer has the necessary rights from the end-user to upload such information on KiviHealth, including but not limited to end-user health records ("User Content"), and that such right from the end-user shall include an explicit right for Vitalic to reflect and map the User Content with an account of such user as may be created by such user through any Vitalic affiliate website, as applicable; (d) Customer will not use KiviHealth for any unauthorized and unlawful purpose; (e) Customer will not engage in any activity that interferes with or disrupts KiviHeaIth or the servers and networks which are connected to KiviHeaIth; (f) Customer will not reproduce, duplicate, copy, transfer, license, rent, sell, trade or resell KiviHeaIth for any purpose whatsoever; (g) comply with all laws, regulations, and ordinances applicable to the Customer and its business and relating to the use of KiviHeaIth under this Agreement; and (h) Customer will be use KiviHeaIth only for its intended purpose.
  • By KiviHealth: The information provided on KiviHealth is provided "as is" or "as available" and Vitalic makes no express or implied representations or warranties about its subscription services and/ or the its merchantability or fitness for a particular purpose or use or non-infringement of such information. Vitalic does not authorize anyone to make a warranty on its behalf and the Customer shall not rely on any such statement of warranty as a warranty by Vitalic.

7) Term and Termination.
  • Term:This Agreement will remain in full force and effect for a period of one (1) year unless terminated by the parties in accordance with the provisions mentioned hereunder. This agreement shall automatically renew for one (I) year period unless a party expresses his/her/its intention to terminate the agreement by providing sixty (60) days' notice to the other party prior to the expiry of the then current renewal term. For purposes of clarity, the termination shall be deemed to be effective only from the commencement of the next renewal term.
  • Termination for Cause: Each party reserves the right to terminate this Agreement if the other party breaches a material obligation under this agreement and such breach remains uncured for a period of thirty (30) days from the date of notification of the non-breaching party.
  • Termination by Vitalic for Convenience: Vitalic intends to support KiviHealth for so long as the Customer renews any applicable license or Service obligations related to KiviHealth; provided, however, that if Vitalic determines in its sole discretion that it is no longer feasible to support KiviHealth, Vitalic may terminate this Agreement at any time by providing one hundred eighty (90) days written notice to Customer.
  • Effect of termination: On termination of this Agreement due to the reasons mentioned herein, Vitalic reserves the right to immediately terminate the subscription of KiviHealth to the Customer. In all cases of termination, other than for termination by Vitalic for non-payment, with respect to the KiviHealth Hosted Software, Vitalic shall handover to Customer the complete database of the Customer in electronic format along, with respect to on-premise KiviHealth; Vitalic shall deactivate the Customer account.

8) Tele – Consultation.
  • Tele consultation can be done by customers with their patients. Terms and conditions along with a consent form has been added in the KiviHealth patients app which has to be agreed by patient to go for a teleconsultation through KiviHealth.
  • Without accepting these terms and conditions. The KiviHealth patient application cannot be processed.
  • Vitalic does not stand liable for any legal issue arising from the usage of the KiviHealth patient application for Data shared between Patient and Doctor for any consultation usage.

8A) Sharing of information with affiliates.
  • Vitalic may share information with its affiliates if such information is required to provide the services requested by the customer on other affiliated platforms. Such information will include the customer’s EHR and any other data regarding the customer’s physical, physiological and mental health condition.

9) General.
  • Assignment: The Customer may not assign this agreement or any rights herein without the prior, written consent of Vitalic.
  • Waiver: Failure or delay on the part of a party to exercise any right, power, privilege.
  • Notices: All notices and other communications pertaining to this agreement shall be in writing and shall be directed to the person and the communication address provided.
  • Independent Parties: The parties acknowledge that neither party is an agent or employee of the other party, and that neither party has any authority to bind the other party to any agreement or obligation.
  • Loss of Data: Vitalic will not be responsible for any data lost due to the Customer’s negligence.
  • Legal Issue: If the Customer is involved in any unlawful activities, Vitalic cannot be held responsible.
  • Governing Law: Jurisdiction over any disputes arising out of or in relation to this agreement shall be settled under the Rules of Arbitration of the International Chamber of Commerce (the “ICC Rules”) by a sole arbitrator appointed in accordance with the ICC Rules. The place of arbitration shall be Mumbai. The language of the arbitration shall be English.
  • Headings: Paragraph headings have been included in this agreement merely for convenience of reference. They shall not be considered part of, or be used in interpreting, this agreement.
  • Counterparts: This agreement may be executed in two or more counterparts, each of which shall be deemed an original and all of which taken together shall constitute one and the same agreement.
  • Entire Agreement: This agreement and the exhibits attached hereto constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all proposals, oral or written, all previous negotiations and all previous communications between the parties with respect thereto. Any modifications hereto shall be subject to the written agreement of both parties.