Terms & Conditions ~ KiViHealth

Kivihealth Agreement Doctor Subscription

Vitalic Health 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, "App"). Vitalic owns and operates the services provided through the App. The services provided by the App 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 out-patient department (OPD) setting, Supported by a multi-platform (iPhone, android, windows) mobile app for doctors registered on the App ("Doctor" or "You" or "Your")) 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 Doctors. EHR that comprises of all patient ("Patient" or "Customer") information such as, physical ailments, medical history, previous investigations, and prescribed medicines etc. This improves efficiency and facilitates 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 goods and sales tax (GST) (Invoices). Print the Invoices and receipts or simply e-mail Invoices and receipts 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 and 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 call or chat or App from anywhere at a fixed time of engagement just like the regular appointments.

  • Doctor Mobile / Tablet App – Check and manage appointments, keep a tab onYour Patient's health and recovery update or make changes as and when required, all this makes it perfect for a busy scheduled day. The 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. The Apps 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 the Patient’s convenience and comfort

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

  • 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 the Doctor’s market presence and social standing in the medical society. Our reviews are visible on Just Dial, Google and the App at the same time.

2) What is included in Your yearly subscription
  • SMS / Email campaign options as per the subscription opted for.
  • Add on SMS can be availed @ 25 paise per SMS.
  • Option to send automated voice reminder calls to You Patients.
  • Doctors to build their goodwill by receiving reviews and rating from their Patients.
  • A dedicated account manager for end to end support.
  • Hours (Monday-Saturday) tech support team for real time assistance (timings 10am -6.30pm). Assistance not available on public holidays. Doctors can raise their issues on: customer.support@kivihealth.com.

STANDARD TERMS AND CONDITIONS
1) Definitions.
  • "KiviHealth" shall mean, collectively or individually, the software created/ designed by Vitalic Health Ltd that is provided to the Doctors 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 KiviHealth

2) License Grant and Access to Software.
  • Subscription to the Doctors: Subject to all limitations and restrictions contained herein, Vitalic grants to the Doctor 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 KiviHealth as hosted by Vitalic ("KiviHealth Hosted"). Doctor shall not allow any website that is not fully owned by Doctor to frame, syndicate, distribute, replicate, or copy any portion of Doctor's web site that provides direct or indirect access to KiviHealth. Unless otherwise expressly permitted in this Agreement, Doctor shall not permit any subsidiaries, affiliated companies, or third parties to access KiviHealth. Doctor shall be provided with log-in credentials to KiviHealth by the Vitalic representative and the Doctor shall use the same to create an account ("Doctor Account"). The Doctor 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 KiviHealth services ("Services") for the Doctor which shall include creating the segregated hosting environment and effecting necessary interfaces for the KiviHealth Hosted Software. In furtherance of the implantation of on-premise KiviHealth, Doctor shall (i) grant to Vitalic such reasonable access to Doctor's equipment (both electronically and physically), and to Doctor 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 KiviHealth 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 Doctor. The start date of the subscription period in either case shall be referred to as the "Commencement Date". Further, Doctor shall conduct the necessary training for the Doctor's authorized users (as defined below) and the administrator of KiviHealth with respect to the use and operation of all modules or components of KiviHealth ("Implementation and Training"). Doctor shall ensure the availability of the authorized users for the referred training.
3) Eligibility to access App
  • Only persons who can form legally binding contracts under Indian Contract Act, 1872 may access and/or transact on the Platform. Persons who are ‘incompetent to contract’ within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use the Platform. If You are a minor i.e. under the age of 18 years, You may use the Platform or access content on the Platform only under the supervision and prior consent/ permission of a parent or legal guardian. As a minor if You wish to transact on the Platform, such transaction on the Platform may be made by Your legal guardian or parents. We reserve the right to terminate your membership and/or refuse to provide You with access to the Platform if it is brought to our notice or if it is discovered that You are incompetent to contract. If You are a person with disability, You may use the Platform or access content on the Platform only under the supervision and prior consent/permission of a parent of a legal guardian.
  • Limitation on Use: KiviHealth may be used by the Doctor 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 Doctor.
  • Doctor Information: Any communication sent by or through Vitalic or KiviHealth to the Customers of the Doctors is based solely on information uploaded by Doctor on KiviHealth. The accuracy and completeness of such information (including but not limited to contact details of the Customer) is the sole responsibility of the Doctor. 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. Doctor shall be required to maintain a back-up copy for all Customer information that it uploads on KiviHealth. If the Doctor content is lost or damaged, Vitalic will assist the Doctor in restoring the content to KiviHealth from the Doctor's last available back up copy in compatible format.
  • Data Sharing: Any prescription provided by the Doctor can be stored by the Doctor in electronic form, for access by the Customer, or the Customer’s authorised persons at a later stage on https://healthhub.jio.com/ and any mobile application published with the same URL on any web store (“JHH Platform”). The Customer would be able to access, upload, modify, erase, store and/or download information, reports, documents, text, photographs, images, illustrations, designs, graphics, audio, video, ideas, suggestions and proposals and/ or other related information from the JHH Platform. The Doctor and the Customer shall be solely responsible for maintaining the confidentiality of the information stored on the account and related access information, without any liability to Vitalic. The Doctor shall be responsible for all usage of the stored information, whether or not authorized by the Customer.
  • Additional Restrictions: In no event shall Doctor 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 Doctor will only consist of: (i) employees of Doctor, and (ii) subject to Section 5 ("Confidentiality"), third party contractors of Doctor who do not compete with Vitalic ("Permitted Contractors"). Permitted Contractors may use KiviHealth only at Doctor’splace of business or in the presence of Doctor personnel. Doctor is fully liable for the acts and omissions of Permitted Contractors under this Agreement.

4) Technical Support.
  • Customer Support: Vitalic provides, at its discretion basic support for KiviHealth subscribed by the Doctor 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 Doctor will be able to track the tickets. Response times will be based on the severity of the issue logged.
5) Communications.
  • When the Doctor uses the App or send emails or other data, information or communication to the Vitalic, the Doctor agrees and understands that he/she is communicating through electronic records and consents to receive communications via electronic records from us as and when required. The Doctors also consent to receive periodic notifications, communications, information or updates through electronic modes of communication from us or our subsidiaries, affiliates, and group companies in relation to the Services.
6) Consultation Sessions
  • Any interaction between a Customer and Doctor in relation to any consultation or provision of services outside the App for exchange of money shall be at the Doctor’s own risk and responsibility. Vitalic and the App disclaims all liability of whatsoever nature arising thereof.
  • Vitalic shall not be responsible for and disclaims any liability arising due to any interruption in communication during the interaction over video conferencing between the Customer and Doctor due to technical or network failure or other reasons of whatsoever nature.
  • All interactions, communication including sharing of images/ videos of affected body parts and associated issues by the Customer with the Doctor on the App including but not limited to the Customer’s health issues and/or Customer’s experiences is strictly between the Doctor and the Customer and shall be subject to doctor–patient confidentiality. Vitalic shall not be responsible for any media or information shared by the Doctor regarding the Customer.

7) 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 Customers 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. Vitalic shall not be liable for any payment failures/payment disputes/fake calls/unavailability of the patients post confirmed bookings/adverse events or any situations whatsoever. Doctors are advised to use their discretion for entering into arrangements with the Customers to provide medical services.
  • No guarantee: Vitalic does not guarantee that the use of the App will guarantee business or revenue for the medical services offered by you.

8) 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 Doctor to Vitalic on KiviHealth ("Data") will be safe and protected and will only be accessed or altered by the permission of the Doctor and shall at all times be governed by the privacy policy.

9) Representations and Warranties.
  • By the Doctor: The Doctor represents and warrants that the (a) Doctor 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) Doctor 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 Doctor will always be true, accurate, correct, complete and up to date, to the best of the Doctor’sknowledge and that the Doctor 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) Doctor will not use KiviHealth for any unauthorized and unlawful purpose; (e) Doctors will not engage in any activity that interferes with or disrupts KiviHealth or the servers and networks which are connected to KiviHealth; (f) Doctors will not reproduce, duplicate, copy, transfer, license, rent, sell, trade or resell KiviHealth for any purpose whatsoever; (g) comply with all laws, regulations, and ordinances applicable to the Doctors and its business and relating to the use of KiviHealth under this Agreement; and (h) Doctors will be use KiviHealth 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 Doctors shall not rely on any such statement of warranty as a warranty by Vitalic.
10) Disclaimers
  • USE OF PLATFORM IS AT YOUR OWN RISK. VITALIC MAKES NO REPRESENTATIONS OR WARRANTIES OR UNDERTAKINGS OR GUARANTEES OF ANY KIND FOR ANY PURPOSE WHATSOEVER, AND DOES NOT ASSUME ANY LIABILITY, IN RELATION TO THE (AND IN RELATION TO THE USE OF) PLATFORM, CONTENTS, MATERIALS, PRODUCTS, SERVICES, THIRD PARTY WEBSITES OR OTHER APPLICATIONS OR SERVICES THAT MAY BE ACCESSED THROUGH PLATFORM. WITHOUT PREJUDICE TO THE GENERALITY OF THE FOREGOING, AND IN ANY EVENT WE DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED) IN THIS REGARD WHETHER ARISING BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING ANY AND ALL REPRESENTATIONS OR WARRANTIES RELATING TO (A) MERCHANTABILITY, (B) FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT WE KNOW, OR HAVE REASON TO KNOW OR HAVE BEEN ADVISED OR ARE OTHERWISE AWARE OF ANY SUCH PURPOSE), (C) NON-INFRINGEMENT OR CONDITION OF TITLE, AND (D) THAT PLATFORM WILL OPERATE WITHOUT INTERRUPTION OR ERROR OR SHALL BE BUG OR VIRUS OR ERROR FREE. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED ON ANY REPRESENTATION OR WARRANTIES. THIS DISCLAIMER AND EXCLUSION WILL APPLY EVEN IF ANY EXPRESS REPRESENTATION OR WARRANTY IF ANY SET FORTH IN THIS TERMS OF USE IS BREACHED AND/OR IS UNTRUE.
  • TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF, OR INABILITY TO USE OR ACCESS, THE PLATFORM OR FOR ANY SECURITY BREACH OR ANY VIRUS, BUG, UNAUTHORIZED INTERVENTION, DEFECT, OR TECHNICAL MALFUNCTIONING OF THE PLATFORM, WHETHER OR NOT FORESEEABLE OR WHETHER OR NOT YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT, OF OR IN CONNECTION WITH, YOUR USE OF, OR ACCESS TO, THE PLATFORM OR THE CONTENT. FURTHER, THE COMPANY SHALL NOT BE LIABLE TO YOU FOR ANY TEMPORARY DISABLEMENT, PERMANENT DISCONTINUANCE OR MODIFICATION OF THE PLATFORM BY THE COMPANY OR FOR ANY CONSEQUENCES RESULTING FROM SUCH ACTIONS.
  • THE DOCTORS SHALL BE SOLELY RESPONSIBLE FOR OBTAINING AND MAINTAINING ANY EQUIPMENT AND ANCILLARY SERVICES (INCLUDING THE PAYMENT OF ANY ADDITIONAL FEES THEREFORE) REQUIRED TO CONNECT TO, ACCESS OR OTHERWISE USE THE SERVICES. YOU WILL ALSO BE RESPONSIBLE FOR MAINTAINING THE SECURITY OF THE EQUIPMENT AND FOR ALL USES OF THE EQUIPMENT WITH OR WITHOUT YOUR KNOWLEDGE OR CONSENT
  • THE DOCTORS SPECIFICALLY AGREE THAT VITALIC SHALL NOT BE RESPONSIBLE FOR UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE PLATFORM. YOU SPECIFICALLY AGREE THAT VITALIC IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL SERVICES OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT THE COMPANY IS NOT RESPONSIBLE FOR ANY SERVICES SENT USING AND/OR INCLUDED IN THE PLATFORM BY ANY THIRD PARTY
  • Vitalic does not represent or warrant (nor does it assume any liability in this regard) the accurateness or the completeness of App content and it disclaims all liability for any errors or omissions contained in App or any failure to update or correct App content and the Services by App which is on “as-is” and “with all faults and risks basis”, and it also do not make any representations or warranties (nor does it assume any liability in this regard) for anything or any matter relating to or arising out of any promotions, advertisements of or use of any products and Services, or use by the Doctors of other websites and other applications (including of third parties) (including without limitation as to whether such third parties have all proprietary or intellectual property rights to display / use any content or material). Access to or use of such websites and other applications by You shall mean you have agreed to the relevant provider’s terms, including privacy policies, and those relating to access and use.
  • Services offered, and consultation advice rendered to the Customers through the App are to be treated as indicative of the Customer’s health condition and should not be relied upon as conclusive in any case. The App or Services rendered through it shall not be a substitute for proper medical or healthcare advice, which must be sought separately from professionals, without reference to App and related Services.
  • APP AND/OR VITALIC ASSUME 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 PLATFORM OR THE DOWNLOADING OF ANY CONTENT, MATERIAL, DATA, TEXT, IMAGES, VIDEO CONTENT, OR AUDIO CONTENT FROM THE PLATFORM.
  • AS A USER OF PLATFORM, YOU SHOULD MAKE YOUR OWN ENQUIRIES BEFORE ENTERING INTO ANY TRANSACTION ON THE BASIS OF OR IN RELIANCE UPON THE PLATFORM CONTENT. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR EMPLOYEES, OFFICERS, AGENTS AND CONTRACTORS EXCLUDE ALL LIABILITY FOR ANY LOSS OR DAMAGE (INCLUDING WITHOUT LIMITATION, INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGE) ARISING FROM THE USE OF, OR RELIANCE UPON THE PLATFORM CONTENT WHETHER OR NOT THIS IS CAUSED BY A NEGLIGENT ACT.
  • VITALIC AND/OR ITS RESPECTIVE AFFILIATES MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS AND ACCURACY OF THE INFORMATION, SOFTWARE AND SERVICES AND RELATED CONTENT CONTAINED ON THE PLATFORM FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE AND SERVICES AND RELATED CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE COMPANY AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, AND SERVICES AND RELATED CONTENT, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
  • By accessing, downloading and using App (as applicable), you agree that any information shared by you with App will be subject to our Privacy Policy available at [insert hyperlink]. The Doctors are solely responsible for all the information, Data and the content that you choose to submit or share on App. App disclaims all responsibility with respect to the content of critical nature.
  • Vitalic shall not be liable for any downtime or delay or unavailability of the App caused by circumstances beyond Vitalic’s or App’s reasonable control, including without limitation, cyber-attacks, acts of God, acts of government, pandemics, epidemics, floods, fires, earthquakes, civil unrest, acts of terror, strikes or other labour problems, internet service provider failures or delays, or denial of service attacks.

11) 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 (1) 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 Doctor 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 ninety (90) days written notice to Doctor.
  • 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 Doctor. 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 Doctors the complete database of the Doctor in electronic format along, with respect to on-premise KiviHealth; Vitalic shall deactivate the Doctor account.

12) Tele – Consultation.
  • Tele consultation can be done by Doctors 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.

13) 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.

14) General.
  • Assignment: The Doctor 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 Doctor’s negligence.
  • Legal Issue: If the Doctor 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.