Terms & Conditions
Sasthya Seba Limited, on behalf of itself and/or group companies under the brand “Sasthya Seba” (“Sasthya Seba”), is the author and publisher of the internet resource sasthyaseba.com and the mobile application ‘Sasthya Seba’ (together, “Website”).
1. NATURE AND APPLICABILITY OF TERMS
NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth in this Agreement, and for attaining their mutual benefits, the sufficiency of which is acknowledged by the Parties, the Parties hereby agree as follows:
The Agreement applies to you whether you are -
A medical practitioner or health care provider (whether an individual professional or an organization) or similar institution wishing to be listed, or already listed, on the Website, including but not limited to designated, authorized associates of such practitioners or institutions (“Practitioner(s)”, “you” or “User”); or
A patient, his/her representatives, searching for Practitioners through the Website (“End-User”, “you” or “User”); or
Otherwise a user of the Website (“you” or “User”).
This Agreement applies to those services made available by Sasthya Seba on the Website, which are offered free of charge to the Users (“Services”), including but not limited to the following:
For Practitioners: Listing of Practitioners and their profiles and contact details, to be made available to the other Users and visitors to the Website;
For other Users: Facility to (i) create and maintain ‘Health Accounts’, (ii) search for Practitioners by name, specialty, and geographical area, or any other criteria that may be developed and made available by Sasthya Seba, and (iii) to make appointments with Practitioners.
The Services may change from time to time, at the sole discretion of Sasthya Seba, and the Agreement will apply to your visit to and your use of the Website to avail the Service, as well as to all information provided by you on the Website at any given point in time.
This Agreement defines the terms and conditions under which you are allowed to use the Website and describes the manner in which we shall treat your account while you are registered as a member with us. If you have any questions about any part of the Agreement, feel free to contact us at firstname.lastname@example.org.
We reserve the right to modify or terminate any portion of the Agreement for any reason and at any time without any prior notice, and such modifications shall be informed through our digital platforms. 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 this Agreement for availing any of the Services offered by us. If you do not agree with any part of the Agreement, please do not use the Website or avail any Services.
This Agreement and any non-contractual obligations arising out of or in connection with it are governed by and construed in accordance with the laws of Bangladesh.
2. CONDITIONS OF USE / Eligibility
Use of the Website is available only to such persons who can legally contract under the Contract Act
If you are a minor i.e. under the age of 18 (eighteen) years, you shall not register as a user of sasthyaseba.com and shall not transact on or use the Website. As a minor, if you wish to use or transact on a website, such use or transaction may be made by your legal guardian or parents on the Website. Sasthya Seba reserves the right to terminate your membership and/or refuse to provide you with access to the website if it is brought to Sasthya Seba’s notice or if it is discovered that you are under the age of 18 (eighteen) years.
By accepting the Terms or using or transacting on the Website, the User irrevocably declares and undertakes that he/she is of 18 (eighteen) years or older, and capable of entering into a binding contract and such usage shall be deemed to form a contract between the Website and such User to the extent permissible under applicable laws.
The terms in this Clause 3 are applicable only to Users other than Practitioners.
3.1 END-USER ACCOUNT AND DATA PRIVACY
3.1.2 Sasthya Seba may by its Services, collect information relating to the devices through which you access the Website, and anonymous data of your usage. The collected information will be used only for improving the quality of Sasthya Seba’s services and to build new services.
3.1.2 The Website allows Sasthya Seba to have access to registered Users’ personal email or phone number, for communication purpose so as to provide you a better way of booking appointments and for obtaining feedback in relation to the Practitioners and their practice.
3.1.4 Sasthya Seba shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the User to Sasthya Seba or to any other person acting on behalf of Sasthya Seba.
3.1.5 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 Sasthya Seba of any actual or suspected unauthorized use of the User’s account or password. Although Sasthya Seba will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Sasthya Seba or such other parties as the case may be, due to any unauthorized use of your account.
3.1.6 If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Sasthya Seba has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Sasthya Seba has the right to terminate the Services to the User at its sole discretion.
3.1.7 Sasthya Seba may use such information collected from the Users from time to time for the purposes of debugging customer support related issues.
3.2 LISTING CONTENT AND DISSEMINATING INFORMATION
3.2.1 Sasthya Seba collects, directly or indirectly, and displays on the Website, relevant information regarding the profile and practice of the Practitioners listed on the Website, such as their specialization, qualification, fees, location, visiting hours, and similar details. Sasthya Seba takes reasonable efforts to ensure that such information is updated at frequent intervals. Although Sasthya Seba screens and vets the information and photos submitted by the Practitioners, it cannot be held liable for any inaccuracies or incompleteness represented from it, despite such reasonable efforts.
3.2.2 The Services provided by Sasthya Seba 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). Sasthya Seba does not provide or make any representation, warranty or guarantee, express or implied about the Website or the Services. Sasthya Seba does not guarantee the accuracy or completeness of any content or information provided by Users on the Website. To the fullest extent permitted by law, Sasthya Seba disclaims all liability arising out of the User’s use or reliance upon the Website, the Services, representations and warranties made by other Users, the content or information provided by the Users on the Website, or any opinion or suggestion given or expressed by Sasthya Seba or any User in relation to any User or services provided by such User.
3.2.3 The Website may be linked to the website of third parties, affiliates and business partners. Sasthya Seba has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through our Website. Inclusion of any link on the Website does not imply that Sasthya Seba endorses the linked site. User may use the links and these services at User’s own risk.
3.2.4 Sasthya Seba 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.
3.2.5 If Sasthya Seba determines that you have provided fraudulent, inaccurate, or incomplete information, including through feedback, Sasthya Seba reserves the right to immediately suspend your access to the Website or any of your accounts with Sasthya Seba and makes such declaration on the website alongside your name/your clinic’s name as determined by Sasthya Seba for the protection of its business and in the interests of Users. You shall be liable to indemnify Sasthya Seba for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected Sasthya Seba or its Users.
3.3 BOOK APPOINTMENT AND CALL FACILITY
Sasthya Seba enables Users to connect with Practitioners through two methods: a) Book facility that allows Users book an appointment through the Website; b) Value added telephonic services which connect Users directly to the Practitioner’s number provided on the Website.
3.3.1 Sasthya Seba will ensure Users are provided confirmed appointment on the Book facility. However, Sasthya Seba has no liability if such an appointment is later cancelled by the Practitioner, or the same Practitioner is not available for appointment.
3.3.3 The results of any search Users perform on the Website for Practitioners should not be construed as an endorsement by Sasthya Seba of any such particular Practitioner. If the User decides to engage with a Practitioner to seek medical services, the User shall be doing so at his/her own risk.
3.3.4 Without prejudice to the generality of the above, Sasthya Seba is not involved in providing any healthcare or medical advice or diagnosis and hence is not responsible for any interactions between User and the Practitioner. User understands and agrees that Sasthya Seba will not be liable for:
- User interactions and associated issues User has with the Practitioner;
- The ability or intent of the Practitioner(s) or the lack of it, in fulfilling their obligations towards Users;
- Any wrong medication or quality of treatment being given by the Practitioner(s), or any medical negligence on part of the Practitioner(s);
- Inappropriate treatment, or similar difficulties or any type of inconvenience suffered by the User due to a failure on the part of the Practitioner to provide agreed Services;
- Any misconduct or inappropriate behavior by the Practitioner or the Practitioner’s staff;
- Cancellation or no show by the Practitioner or rescheduling of booked appointment or any variation in the fees charged.
3.3.5 Users are allowed to provide feedback about their experiences with the Practitioner, however, the User shall ensure that, the same is provided in accordance with applicable law. User however understands that, Sasthya Seba shall not be obliged to act in such manner as may be required to give effect to the content of Users feedback, such as suggestions for delisting of a particular Practitioner from the Website.
3.3.6 In case of a ‘Patient-No-Show (P.N.S)’ (defined below), where the User does not show-up at the concerned Practitioner’s clinic:
- User’s account will be temporarily disabled from booking further online appointments on Sasthyaseba.com for next four (4) months, in case of, three (3) Valid PNS, as per the Patient-No-Show Policy. However, the User can continue to call the clinic via Sasthyaseba.com to get an appointment.
- Patient- No-Show (P.N.S) for the purposes of these Terms and Conditions, is defined as, any instance where a User, who booked an appointment on the Website using the Book Appointment facility , has not turned up for the appointment without cancelling, rescheduling, or informing the Practitioner in advance about the same. When Practitioner informs Sasthya Seba of the incident or marks a particular appointment as P.N.S. using the Sasthya Seba software or Sasthya Seba App within five (5) days of the scheduled appointment, an email and SMS (“PNS Communication”) will be sent to the User to confirm on the incident with reasons. Where the User is not able to establish that the User had a legitimate reason as per Clause 3.3.6(c), for not showing up, Sasthya Seba shall be entitled to take actions as under Clause 3.3.6 (a). However Users understand that, actions such as ones mentioned under Clause 3.3.6(a) are included as a deterrent to stop Users from misusing the Website, and the loss of business hours incurred by the Practitioner.
- Following instances, solely at the discretion of Sasthya Seba, would be construed as valid cases of PNS (“Valid PNS”), in which case the User shall be penalized as per Clause 3.4.6 (a):
- User does not reply within seven (7) days, with reasons to PNS Communication, from the date of receipt of such PNS Communication;
- In case User responds to the PNS Communication with below reasons:
- Forgot the appointment
- Chose to visit another Practitioner/consulted online;
- Busy with other work; or such other reasons (which Sasthya Seba at its discretion decides to be a valid reason to not show up).
- Where the User has booked a paid appointment and is unable to visit the Practitioner, due to such genuine reasons of sickness etc. at the sole discretion of Sasthya Seba, pursuant to conducting of investigation, the User shall be provided with a refund of such payment made by User, at the time of booking. However, where cancellation charges have been levied, you would not be entitled to complete refund.
- Sasthya Seba reserves the right to make the final decision in case of a conflict. The total aggregate liability of Sasthya Seba with respect to any claims made herein shall be BDT 200.
3.4.7 Cancellation and Refund Policy
- In the event that, the Practitioner with whom User has booked a paid appointment via the Website, has not been able to meet the User, User will need to write to us at email@example.com within five (5) days from the occurrence of such event; in which case, the entire consultation amount as mentioned on the Website will be refunded to the User within the next five (5) to (10) business days in the original mode of payment done by the User while booking. In case where the User, does not show up for the appointment booked with a Practitioner, without cancelling the appointment beforehand, the amount will not be refunded, and treated as under Clause 3.4.6. However, where cancellation charges have been levied (as charged by the Practitioner/Practice), you would not be entitled to complete refund even if you have cancelled beforehand.
- Users will not be entitled for any refunds in cases where, the Practitioner is unable to meet the User at the exact time of the scheduled appointment time and the User is required to wait, irrespective of the fact whether the User is required to wait or choose to not obtain the medical services from the said Practitioner.
3.5 NO DOCTOR-PATIENT RELATIONSHIP; NOT FOR EMERGENCY USE
3.5.1 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 Sasthya Seba and you and does not constitute an opinion, medical advice, or diagnosis or treatment of any particular condition, but is only provided to assist you with locating appropriate medical care from a qualified practitioner.
3.5.2 It is hereby expressly clarified that, the Information that you obtain or receive from Sasthya Seba, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Website is for informational purposes only. We make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, quality of work, expertise or other information provided on the Website. In no event shall we be liable to you or anyone else for any decision made or action taken by you in reliance on such information.
3.5.3 The Services are not intended to be a substitute for getting in touch with emergency healthcare. If you are an End-User facing a medical emergency (either on your or a another person’s behalf), please contact an ambulance service or hospital directly.
3.6 CONTENT OWNERSHIP AND COPYRIGHT CONDITIONS OF ACCESS
3.6.1 The contents listed on the Website are (i) User generated content, or (ii) belong to Sasthya Seba. The information that is collected by Sasthya Seba directly or indirectly from the End- Users and the Practitioners shall belong to Sasthya Seba. Copying of the copyrighted content published by Sasthya Seba on the Website for any commercial purpose or for the purpose of earning profit will be a violation of copyright and Sasthya Seba reserves its rights under applicable law accordingly.
3.6.2 Sasthya Seba authorizes the User to view and access the content available on or from the Website solely for ordering, receiving, delivering and communicating only as per this Agreement. The contents of the Website, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the Website (collectively, “Sasthya Seba Content”), are the property of Sasthya Seba and are protected under copyright, trademark and other laws. User shall not modify the Sasthya Seba Content or reproduce, display, publicly perform, distribute, or otherwise use the Sasthya Seba Content in any way for any public or commercial purpose or for personal gain.
3.6.3 User shall not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
3.7 REVIEWS AND FEEDBACK
You are solely responsible for the content that you choose to submit for publication on the Website, including any feedback, ratings, or reviews (“Critical Content”) relating to Practitioners or other healthcare professionals. The role of Sasthya Seba in publishing Critical Content is restricted to that of an ‘intermediary’ under the Information & Communication Technology Act, 2006. Sasthya Seba disclaims all responsibility with respect to the content of Critical Content, and its role with respect to such content is restricted to its obligations as an ‘intermediary’ under the said Act. Sasthya Seba shall not be liable to pay any consideration to any User for re-publishing any content across any of its platforms.
Your publication of reviews and feedback on the Website is governed by Clause 5 of these Terms. Without prejudice to the detailed terms stated in Clause 5, you hereby agree not to post or publish any content on the Website that (a) infringes any third-party intellectual property or publicity or privacy rights, or (b) violates any applicable law or regulation. Sasthya Seba, at its sole discretion, may choose not to publish your reviews and feedback, if so required by applicable law, and in accordance with Clause 5 of these Terms. You agree that Sasthya Seba 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 Sasthya Seba’s services; and/or
Obtaining feedback in relation to any Practitioners listed on the Website; and/or
Resolving any complaints, information, or queries by Practitioners regarding your Critical Content;
and you agree to provide your fullest co-operation further to such communication by Sasthya Seba. Sasthya Seba’s Feedback Collection and Fraud Detection Policy, is annexed as the Schedule hereto, and remains subject always to these Terms.
3.8 MEDICAL RECORDS
Sasthya Seba may provide End-Users with a free facility known as ‘Medical Records’ on its mobile application ‘Sasthya Seba’. Information available in your Records is of two types:
User-created: Information uploaded by you or information generated during your interaction with Sasthya Seba ecosystem, eg: appointment, medicine order placed by you.
Practice-created: Health Records generated by your interaction with a Practitioner who uses ‘Sasthya Seba ’ or other Services of Sasthya Seba software.
3.8.1 Your Records is only created after you have signed up and explicitly accepted these Terms.
3.8.2 Any Practice created Health Record is provided on an as-is basis at the sole intent, risk and responsibility of the Practitioner and Sasthya Seba does not validate the said information and makes no representation in connection therewith. You should contact the relevant Practitioner in case you wish to point out any discrepancies or add, delete, or modify the Health Record in any manner.
3.8.3 The Health Records are provided on an as-is basis. While we strive to maintain the highest levels of service availability, Sasthya Seba is not liable for any interruption that may be caused to your access of the Services.
3.8.4 The reminder provided by the Records is only a supplementary way of reminding you to perform your activities as prescribed by your Practitioner. In the event of any medicine reminders provided by Sasthya Seba, you should refer to your prescription before taking any medicines. Sasthya Seba is not liable if for any reason reminders are not delivered to you or are delivered late or delivered incorrectly, despite its best efforts. In case you do not wish to receive the reminders, you can switch it off through the Sasthya Seba app.
3.8.5 It is your responsibility to keep your correct mobile number and email ID updated in the Records. The Health Records will be sent to the 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. Sasthya Seba is not responsible for any loss or inconvenience caused due to your failure in updating the contact details with Sasthya Seba.
3.8.6 Sasthya Seba uses industry–level security and encryption to your Health Records. However, Sasthya Seba 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 Sasthya Seba of such unauthorized use or access. Please safeguard your login credentials and report any actual suspected breach of account to firstname.lastname@example.org.
3.8.7 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. Sasthya Seba assumes no responsibility for any claim, dispute or liability arising in this regard, and you shall indemnify Sasthya Seba and its officers against any such claim or liability arising out of unauthorized use of such information.
3.8.8 In case you want to delete your 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 Practitioners will continue to be stored in their respective accounts.
3.8.9 You may lose your “User created” record, if the data is not synced with the server.
3.8.10 If the Health Record is unassessed for a stipulated time, you may not be able to access your Health Records due to security reasons.
3.8.11 Sasthya Seba is not liable if for any reason, Health Records are not delivered to you or are delivered late despite its best efforts.
3.8.12 The Health Records are shared with the phone numbers that are provided by your Practitioner. Sasthya Seba is not responsible for adding the Heath Records with incorrect numbers if those incorrect numbers are provided by the Practitioner.
3.8.13 Sasthya Seba is not responsible or liable for any content, fact, Health Records, medical deduction or the language used in your Health Records whatsoever. Your Practitioner is solely responsible and liable for your Health Records and any information provided to us including but not limited to the content in them.
3.8.14 Sasthya Seba 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.
3.8.15 Sasthya Seba will follow the law of land in case of any constitutional court or jurisdiction mandates to share the Health Records for any reason.
3.8.16 You agree and acknowledge that Sasthya Seba may need to access the Health Record for cases such as any technical or operational issue of the End User in access or ownership of the Records.
3.8.17 You acknowledge that the Practitioners you are visiting may engage Sasthya Seba’s software or third party software for the purposes of the functioning of the Practitioner’s business and Sasthya Seba’s services including but not limited to the usage and for storage of Records (as defined in Section 3.10) in Bangladesh and outside Bangladesh, in accordance with the applicable laws.
3.8.18 To the extent that your Records have been shared with Sasthya Seba or stored on any of the Sasthya Seba products used by Practitioner’s you are visiting, and may in the past have visited, You hereby agree to the storage of your Records by Sasthya Seba pertaining to such previously visited clinics and hospitals who have tie ups with Sasthya Seba for the purposes of their business and for Sasthya Seba’s services including but not limited to the usage and for storage of Records (as defined in Section 3.8) in Bangladesh and outside Bangladesh, in accordance with the applicable laws and further agree, upon creation of your account with Sasthya Seba, to the mapping of such Records as may be available in Sasthya Seba’s database to your User account.
3.9 SASTHYA SEBA MEDICINE INFORMATION
For detailed terms and conditions regarding medicine information click here.
3.10 Sasthya Seba Q&A
3.10.1 Terms for Practitioners:
- Every Practitioner on the Q&A Platform must be qualified in the area of expertise that he represents as being his qualification.
- The Q&A Platform is a platform for exchange of information which is of general nature in a question and answer format. The Q&A Platform is not for emergency situations.
- Any Q&A interaction cannot be construed as a medical consultation with the Practitioner, in any manner whatsoever.
- Sasthya Seba Users may post questions on medical issues (“Querist”), and these queries can be answered by the Practitioner on the Q&A Platform. It is expressly clarified that no doctor-patient relationship is established between the Querist and Practitioner, in any manner whatsoever, by indulging in this Q&A.
- The Practitioner may provide probable views, recommendations, suggestions and solutions to the question posted by a Querist. However, it is expressly clarified that any such view, recommendation, suggestion and solution shall not be construed as medical advice. The person in question (being Querist or not) is advised to consult with a doctor in this regard.
- Practitioner shall not share their personal, religious and/or moral views with the Querist while issuing their response.
- The Practitioner cannot issue and/or prescribe any medicines on the Q&A platform. It is a platform for only exchange of information and not a consultation/ medical advice.
- The Practitioner is absolutely and expressly prohibited to:
- Provide a medical diagnosis;
- Issue a prescription;
- Post any response which comprises of any derogatory language, objectionable, pornographic and /or offensive content;
- Advertise any brand of drugs, supplements, vaccines and medications, in any manner of whatsoever;
- Advertise to/solicit patients in any manner including without limitation by way of using social media handles, including without limitation, facebook, twitter etc., telephone/ mobile numbers, YouTube, and address;
- Promote content and activities which are illegal in nature;
- In the event of any breach of these QA T&C, Sasthya Seba will take appropriate action inter alia ranging from issuing warnings to removal of Practitioner from the Q&A Platform, in its sole and absolute discretion, on a case to case basis.
- Any liability arising out of the response issued by a Practitioner will be borne solely by the Practitioner. Q&A Platform is only a platform interface provided by Sasthya Seba for sharing and exchanging information purposes.
- The Q&A Platform shall be audited on a regular basis by Sasthya Seba for ascertaining compliance by the Practitioner to Paragraph 6, and the Practitioners consent to the same. It is clarified that the said audit is not conducted for the purpose of quality check or validation of responses issued by Practitioner.
- All general Sasthya Seba Terms and Conditions shall govern the QA T&C to the extent applicable. Decision of Sasthya Seba is final and binding on the issues arising under the QA T&C and Sasthya Seba Terms and Conditions.
3.10.2 Terms for User/Querist:
- The personally identifiable information of the querist shall be anonymized by Sasthya Seba prior to posting the question on the Q&A Platform;
- Q&A Platform is a public forum for exchange of information; hence, any question posted by a querist is visible publicly. It is advisable for a User to ensure that no confidential information is published by them on the Q&A Platform.
- User shall not use the Q&A Platform for emergency situations.
- The User is prohibited to post any query/issue on the Q&A Platform, which comprises of any derogatory language, objectionable, pornographic and /or offensive content;
- Any response provided by the Practitioner shall not be construed as medical advice on the Q&A Platform. Q&A Platform is a platform for exchange of information which is of general nature in a question and answer format. This cannot be construed as a medical consultation with the Practitioner, in any manner whatsoever.
- It is expressly clarified that no doctor-patient relationship is established between the user and Practitioner, in any manner whatsoever, by indulging in this Q&A. The Practitioner may provide probable views, recommendations, suggestions and solutions to the question posted. However, it is expressly clarified that any such view, recommendation, suggestion and solution shall not be construed as medical advice. The person in question (being Querist or not) is advised to consult with a doctor in this regard.
- All general Sasthya Seba Terms and Conditions shall govern the QA T&C to the extent applicable. Decision of Sasthya Seba is final and binding on the issues arising under the QA T&C and Sasthya Seba Terms and Conditions.
The terms in this Clause 4 are applicable only to Practitioners.
4.1 LISTING POLICY
4.1.1 Sasthya Seba, directly and indirectly, collects information regarding the Practitioners’ profiles, contact details, and practice. Sasthya Seba reserves the right to take down any Practitioner’s profile as well as the right to display the profile of the Practitioners, with or without notice to the concerned Practitioner. This information is collected for the purpose of facilitating interaction with the End-Users and other Users. If any information displayed on the Website in connection with you and your profile is found to be incorrect, you are required to inform Sasthya Seba immediately to enable Sasthya Seba to make the necessary amendments.
4.1.2 Sasthya Seba shall not be liable and responsible for the ranking of the Practitioners on external websites and search engines
4.1.4 Sasthya Seba reserves the right to moderate the suggestions made by the Practitioners through feedback and the right to remove any abusive or inappropriate or promotional content added on the Website. However, Sasthya Seba shall not be liable if any inactive, inaccurate, fraudulent, or non- existent profiles of Practitioners are added to the Website.
4.1.5 Practitioners explicitly agree that Sasthya Seba reserves the right to publish the Content provided by Practitioners to a third party including content platforms.
4.1.7 You as a Practitioner hereby represent and warrant that you will use the Services in accordance with applicable law. Any contravention of applicable law as a result of your use of these Services is your sole responsibility, and Sasthya Seba accepts no liability for the same.
4.2 PROFILE OWNERSHIP AND EDITING RIGHTS
Sasthya Seba ensures easy access to the Practitioners by providing a tool to update your profile information. Sasthya Seba reserves the right of ownership of all the Practitioner’s profile and photographs and to moderate the changes or updates requested by Practitioners. However, Sasthya Seba 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 Sasthya Seba’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, Sasthya Seba may modify or delete parts of your profile information at its sole discretion with or without notice to you.
4.3 REVIEWS AND FEEDBACK DISPLAY RIGHTS OF SASTHYA SEBA
4.3.1 All Critical Content is content created by the Users of sasthyaseba.com (“Website”) and the clients of Sasthya Seba customers and Practitioners, including the End-Users. As a platform, Sasthya Seba 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, 2006. The role of Sasthya Seba and other legal rights and obligations relating to the Critical Content are further detailed in Clauses 3.9 and 5 of these Terms. Sasthya Seba’s Feedback Collection and Fraud Detection Policy, is annexed as the Schedule hereto, and remains subject always to these Terms.
4.3.2 Sasthya Seba reserves the right to collect feedback and Critical Content for all the Practitioners, Clinics and Healthcare Providers listed on the Website.
4.3.3 Sasthya Seba 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.
4.3.4 You understand that by using the Services you may be exposed to Critical Content or other content that you may find offensive or objectionable. Sasthya Seba shall not be liable for any effect on Practitioner’s business due to Critical Content of a negative nature. In these respects, you may use the Service at your own risk. Sasthya Seba 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 are further detailed in Clauses 3.9 and 5 of these Terms.
4.3.5 Sasthya Seba 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.
4.3.6 If Sasthya Seba determines that you have provided inaccurate information or enabled fraudulent feedback, Sasthya Seba reserves the right to immediately suspend any of your accounts with Sasthya Seba and makes such declaration on the website alongside your name/your clinics name as determined by Sasthya Seba for the protection of its business and in the interests of Users.
4.5 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 Sasthya Seba.
4.6 SASTHYA SEBA RIGHTS
Sasthya Seba reserves the rights to display sponsored ads on the Website. These ads would be marked as “Sponsored ads”. Without prejudice to the status of other content, Sasthya Seba will not be liable for the accuracy of information or the claims made in the Sponsored ads. Sasthya Seba does not encourage the Users to visit the Sponsored ads page or to avail any services from them. Sasthya Seba will not be liable for the services of the providers of the Sponsored ads.
You represent and warrant that you will use these Services in accordance with applicable law. Any contravention of applicable law as a result of your use of these Services is your sole responsibility, and Sasthya Seba accepts no liability for the same.
4.7 SASTHYA SEBA MEDICINE INFORMATION
For detailed terms and conditions regarding medicine information click here.
4.8 BOOK APPOINTMENT AND CALL FACILITY
4.8.1 As a valuable partner on our platform we want to ensure that the Practitioners experience on the Sasthya Seba booking platform is beneficial to both, Practitioners and their Users.
4.8.2 Practitioner understands that, Sasthya Seba shall not be liable, under any event, for any comments or feedback given by any of the Users in relation to the Services provided by Practitioner. The option of publishing or modifying or moderating or masking (where required by law or norm etc.) the feedback provided by Users shall be solely at the discretion of Sasthya Seba.
4.9 PRACTITIONER UNDERTAKING
The Practitioner is and shall be duly registered, licensed and qualified to practice medicine/ provide health care, wellness services, as per applicable laws/regulations/guidelines set out by competent authorities and the Practitioner shall not be part of any arrangement which will prohibit him/her from
practicing medicine within the territory of Bangladesh. The Practitioner shall at all times ensure that all the applicable laws that govern the Practitioner shall be followed and utmost care shall be taken in terms of the consultation/ services being rendered.
4.10 USAGE IN PROMOTIONAL & MARKETING MATERIALS
In recognition of the various offerings and services provided by Sasthya Seba to Practitioner, Practitioner shall (subject to its reasonable right to review and approve): (a) allow Sasthya Seba to include a brief description of the services provided to Practitioner in Sasthya Seba’s marketing, promotional and advertising materials; (b) allow Sasthya Seba to make reference to Practitioner in case studies, and related marketing materials; (c) serve as a reference to Sasthya Seba’s existing and potential clients; (d) provide video logs, testimonials, e-mailers, banners, interviews to the news media and provide quotes for press releases; (e) make presentations at conferences; and/or (f) use the Practitioner’s name and/or logo, brand images, tag lines etc., within product literature, e-mailers, press releases, social media and other advertising, marketing and promotional materials.
5. RIGHTS AND OBLIGATIONS RELATING TO CONTENT
5.1 Sasthya Seba 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, defence, security or sovereignty of Bangladesh, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
5.2 Users are also prohibited from:
- violating or attempting to violate the integrity or security of the Website or any Sasthya Seba 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 Sasthya Seba;
- 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 Sasthya Seba Content or other information available from the Website;
- framing or hot linking or deep linking any Sasthya Seba Content.
- circumventing or disabling any digital rights management, usage rules, or other security features of the Software.
5.3 Sasthya Seba, 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. Sasthya Seba 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.
5.5 Sasthya Seba 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.
Sasthya Seba respects the intellectual property rights of others and we do not hold any responsibility for any violations of any intellectual property rights
6.1 Sasthya Seba 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;
- Sasthya Seba is unable to verify or authenticate any information provide to Sasthya Seba by a User;
- Sasthya Seba has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User; or
- Sasthya Seba believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for Sasthya Seba or are contrary to the interests of the Website.
6.2 Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Website under the same account, a different account or re-register under a new account. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages, files and other material kept on the Website by such User. The User shall ensure that he/she/it has continuous backup of any medical services the User has rendered in order to comply with the User’s record keeping process and practices.
7. LIMITATION OF LIABILITY
In no event, including but not limited to negligence, shall Sasthya Seba, or any of its directors, officers, employees, agents or content or service providers (collectively, the “Protected Entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Website or the content, materials and functions related thereto, the Services, User’s provision of information via the Website, lost business or lost End-Users, even if such Protected Entity has been advised of the possibility of such damages. In no event shall the Protected Entities be liable for:
- provision of or failure to provide all or any service by Practitioners to End- Users contacted or managed through the Website;
- any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Website;
- any unauthorized access to or alteration of your transmissions or data; or
- any other matter relating to the Website or the Service.
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 BDT. 1000/- (Takas One Thousand Only).
8. RETENTION AND REMOVAL
Sasthya Seba may retain such information collected from Users from its Website or Services for as long as necessary, depending on the type of information; purpose, means and modes of usage of such information. Computer web server logs may be preserved as long as administratively necessary.
9. DISPUTE SETTLEMENT
9.1 All dispute and differences concerning the validity, scope, meaning, construction or effect of this Agreement or any dispute or disagreement between the parties as to any matter relating to this Agreement shall be settled by amicable discussion.
9.2 In the event the parties fail to resolve any dispute, controversy or claim between the parties in respect of any issue arising out of, relating to, or in connection with this Agreement, or the breach, termination or validity thereof through mutual discussion within 30 (thirty) days of issuance of notice by either party to the other party seeking an amicable resolution of the dispute, controversy or claim then such dispute, controversy or claim, shall be settled by arbitration conducted in accordance with the Arbitration Act, 2001 or any subsequent Act in effect at the time of the arbitration, except as they may be modified by mutual agreement of the parties. The arbitration shall be conducted by three arbitrators in accordance with the laws of Bangladesh, with each Party appointing a single arbitrator, and the appointed arbitrators subsequently appointing the third arbitrator, who shall be the Chairman of the said arbitration tribunal. The English Language shall be the language in the arbitral proceedings. The decision of the arbitration and the award shall be in writing, stating the reasons for the award, be final and binding upon the Parties.
10. CONTACT INFORMATION GRIEVANCE OFFICER
10.1 If a User has any questions concerning Sasthya Seba, the Website, this Agreement, the Services, or anything related to any of the foregoing, Sasthya Seba customer support can be reached at the following email address: email@example.com or via the contact information available from the following hyperlink: sasthyaseba.com/contact.
10.2 In accordance with the Information & Communication Technology Act, 2006, and the rules made there under, if you have any grievance with respect to the Website or the service, including any discrepancies and grievances with respect to processing of information, you can contact our Grievance Officer at: firstname.lastname@example.org
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 Sasthya Seba. Any consent by Sasthya Seba to, or a waiver by Sasthya Seba 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.
This Agreement may be amended by mutual agreement in writing between the Parties hereto. Modifications made verbally, by implied conduct, or by composition shall be deemed as invalid.
You shall indemnify, keep indemnified and hold harmless Us from any claim, action, demand, loss, damage, expenses and any other liabilities whatsoever which may arise due to, as a result of or consequence of its breach, failure, wilful negligence or misconduct or omission to fulfil its obligations, covenants under this Agreement and/or under any terms of any applicable law or regulation. Notwithstanding anything to the contrary contained in this Agreement, in no event shall either party to this Agreement be responsible to the other for any indirect, special, consequential, punitive, exemplary or incidental damages (including but not limited to loss of business or profits) related to this Agreement, even if, in any such case, advised of the possibility of such claims or demands, regardless of the form of action or legal theory whether under contract law, tort law (including without limitation negligence), strict liability, statute, warranty or otherwise.