The term “Service Provider” refers to, either of:
- An individual professional/ practitioner of medical or non-medical/ rehabilitation background who works with children and adolescents with special needs, mental health and related problems. The professional may provide therapeutic, educational or need-based interventions to help the child. The professional should be licensed to practice by an authorized regulatory body or have the requisite credentials in terms of qualifications and experience to work with such children.
- An institution or organisation which employs at least one such practitioner (who has his/her profile listed on the Website as part of the institution’s account) and works towards helping such children. The institution should be involved in the delivery of medical, healthcare, educational and related services.
These terms and conditions specific to Service Provider(s) (“Service Provider(s) Terms”) form a legally binding agreement between Pink Healthcare Private Limited (‘We” or “Us” or our or “Pink Healthcare” or “iRockit” or “Company”), having its registered office at A2/74, Ground Floor, Safdarjung Enclave, New Delhi -110029.
You being Service Provider (“You” or “Your” or “Service Provider”), User of our Website www.irockit.in, its System and Services.
You and We are hereinafter collectively referred to as the “Parties”.
By clicking “sign up” or the “I accept” tab at the time of registration, or by entering into an agreement with iRockit to provide Information to iRockit as set out in these Service Provider(s) Terms, or through the continued use of the System and/or Services, or by Accessing the System and/or Services through any medium, including but not limited to accessing the System through mobile phones, smart phones and tablets, you agree to be subject to these Service Provider(s) Terms.
We request you to please read these Service Provider(s) Terms carefully and do not click “sign up” or “I accept” or continue the use of the Website, System and Service unless you agree fully with these Service Provider(s) Terms.
As used in these Service Provider(s) Terms, the following terms shall have the meaning set forth below:
- “Effective Date” means the date on which you accept these Service Provider(s) Terms by clicking “Sign Up” or “I Accept” to register;
- “User Information” means information regarding Registered Users and other Service Providers which includes personal and medical information and any other information which may be provided by a Registered User or Service Providers to you or may be transferred to you by iRockit;
- “Website” means irockit.in
- “Services” means the services offered to you by iRockit that involves managing your or your organisations/ institutions profile online or any other services as may be introduced by iRockit from time to time;
- “System” means the technology platform provided as part of the Website consisting of hardware and / or software used or provided by us for the purpose of providing the Services to you;
All other capitalized terms shall have the meaning ascribed to them in the “Other Terms”.
A. ACCESS TO LISTING SERVICE
- Account creation
A Service Provider may register on the Website as an “Individual Practitioner” or an “Institution”.
- If the individual practitioner wishes to register (and subsequently list) as an individual, then he/she must register his/her account as an “Individual Practitioner” on the Website. He/she must provide his name, email, mobile and password in order to register. By registering, the individual certifies that he/she is the practitioner himself/ herself. While iRockit does take some basic measures to ensure that the individual wishing to list is the same as the practitioner, iRockit cannot be held liable should this not be the case.
- In the case of an institution, an individual who is authorised by the institution to act on its behalf can register its account as an “Institution”. The authorised person will provide certain details such as the institution’s name, his/her name, mobile number, email id and password, in order to register. By creating the account, the individual certifies that he/she is authorised to act on behalf of the institution. iRockit does not bear any responsibility or liability should this individual have created such an account but not have the authority to do so.
The institution can only include those practitioners who are employed by the institution and the institution certifies the same by including them in its team. The institution can build its team of practitioners in 2 ways –
- The institution creates fresh account/s for practitioner/s who are not already listed on the Website. To do this, the institution must enter the name, email and mobile number of the practitioner and create an independent account for the practitioner. In such a case the practitioner shall be informed via an email and should the practitioner not be employed by the institution or not be keen to get listed, the practitioner must notify the iRockit team by sending us an email on email@example.com. The practitioner will be provided a unique username and password to access his/her account. In this case the institution and practitioner will have joint access to the account. In the event that the practitioner is not employed by the institution and gets listed by the institution as part of its team.
- The practitioner and institution are listed on the Website independently and decide to “Link” their accounts (refer point 2.3 below).
- Details published on listing
Post registration/ account creation and in order to list, the Service Provider must fill a profile form/s. Depending on the category of Service Provider you belong to i.e. Practitioner or Institution, the profile form and details published on listing vary.
- In the case of individual practitioners, all or some of the following details shall get published (but not limited to): name, photo, specialisation, license details, education, employment history, appointment details, phone number, work address, email address, memberships, awards, languages spoken, areas of consulting and practice summary. The above details, including any documentation provided to get listed, including but not limited to, your registration certificate and education degree, are provided by the practitioner himself/ herself, and may not be verified by iRockit.
- In the case of institutions, a brief profile of the institution along with contact details shall be published. The detailed profiles of all individual practitioners employed by the institution as mentioned in the clause above shall be published. The logo of the institution will appear in individual profile of each practitioner who is part of the institution’s team.
- Link and Delink
- “Link” applies when an institution and a practitioner (who is employed by the Institution) are both listed on iRockit Website, but independently. Link feature allows the practitioner to become part of the institution’s team clicking on the link button. Either party can send a Link request which may be accepted by the other party. A Practitioner can be linked to more than one Institution in which case the profile of the practitioner will display the logo of each Institution he/she is linked to. It is the choice of the practitioner to Link with as many institutions as he/she wants to and vice versa.
- “Delink” is a feature which allows the practitioner and institution to become independent of one another e.g. when a practitioner leaves an institution. Either party can Delink. The practitioner profile will no longer carry the institution’s logo, but will continue to show as an individual account or Linked to another institution (as it was before Delinking). Also the Institution will no longer have edit rights (in the case it had them earlier).
- Editing rights
- The individual practitioner will always have the rights to edit his/her profile details, irrespective of whether he/she directly or the institution he/she works for created his/her account. The responsibility to keep the profile details accurate and updated lies with the practitioner.
- The institution can edit its description, contact details and logo. It can edit the profile details of only those practitioners who are part of its team and for whom is created a fresh account (and not those acquired through Linking). Should the practitioner account be acquired through Linking, the institution will not be able to edit it, but it is responsible to ensure its accuracy and updation by coordinating with the practitioner who can access his/her account.
- One account per practitioner
A practitioner can have only one account on the Website, irrespective of who creates the account (the individual or institution). Any duplicate account/s will be deactivated by iRockit at its own discretion.
B. LISTING POLICY
- You agree that your receipt of Services is subject to verification by us of your identity and credentials as a practitioner and to your ongoing qualification as such. As part of the registration process and at any time thereafter, you may be required to provide us with various information such as your photo id, your license registration details (as recognised by the regulatory licensing body/ bodies), your qualifications and other information in order to prove that you are a valid healthcare/ educational practitioner in the special needs, mental health and related field, that you claim (“Credential Information”). We may verify such Credential Information or may ask you for additional information. We may also make enquiries from third parties to verify the authenticity of your Credential Information. You authorize us to make such enquiries from such third parties, and you agree to hold them and us harmless from any claim or liability arising from the request for or disclosure of such information. You agree that we may terminate your access to or use of the Services at any time if we are unable at any time to determine or verify your Credential Information. We reserve to right to carry out re-verification of Credential Information as and when required, and the above rights and commitments will extend to re-verification as well.
- You will implement and maintain appropriate administrative, physical and technical safeguards to protect the System from access, use or alteration; and you will always use the User ID assigned to you and password generated by you and not share the with any third party. You will immediately notify us of any breach or suspected breach of the security of the System of which you become aware, or any unauthorised use or disclosure of information within or obtained from the System, and you will take such action to mitigate the breach or suspected breach as we may direct, and will cooperate with us in investigating and mitigating such breach.
- iRockit, directly and indirectly, collects information regarding the Service Providers’ profiles, contact details, and practice. iRockit reserves the right to take down any Service Providers profile as well as the right to display the profile of Service Provider, with or without notice to the concerned Service Provider. This information is collected for the purpose of facilitating interaction with Users of the Website. If any information displayed on the Website in connection with you and your profile is found to be incorrect, you are required to inform iRockit immediately to enable iRockit to make the necessary amendments or correct the information yourself by accessing your account with your username and password.
- iRockit uses its own copyrighted algorithm based on which practitioners show up in the search results. iRockit shall not be liable or responsible if any practitioner does not show up at a favourable position based on its algorithm.
- iRockit shall not be liable and responsible for the ranking of the Service Provider on external websites and search engines.
- iRockit reserves the right to moderate the suggestions made by the Service Provider through feedback and the right to remove any abusive or inappropriate or promotional content added on the Website. However, iRockit shall not be liable if any inactive, inaccurate, fraudulent, or non- existent profiles of Service Providers are added to the Website.
- iRockit reserves the right to publish the User information to a third party, subject to prior explicit informed consent from the User.
- You as a Service Provider 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 iRockit accepts no liability for the same.
C. PROFILE REVIEWS & RECOMMENDATIONS
The Website allows Registered Users to write a review on your profile which will be available for all to see publicly. The reviews provided by Registered Users are their personal views and iRockit does not endorse them in any way. iRockit cannot be held liable for any negative reviews which may harm the Service Provider in any way. If the reviews contain abusive or objectionable content, we will delete the same, but we urge you to bring it to our notice by emailing us on firstname.lastname@example.org.
Similarly, practitioners are provided with a feature whereby they can recommend the services of another practitioner. This feature is to be used as a tool to ‘recommend’ as against ‘review’ a practitioner and we urge practitioners to use it in this fashion. But should a practitioner use it otherwise and post remarks which are negative in any way to another practitioner, it will not be the responsibility or liability of iRockit.
D. PROFILE OWNERSHIP
iRockit reserves the right of ownership of all the Service Provider’s profile and photographs and to moderate the changes or updates requested by Service Providers. However, iRockit 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 iRockit’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, iRockit may modify or delete parts of your profile information at its sole discretion with or without notice to you.
E. SPONSORED LISTINGS
iRockit reserves the rights to display sponsored ads on the Website. These ads would be marked as “Sponsored Listings”. Without prejudice to the status of other content, iRockit will not be liable for the accuracy of information or the claims made in the Sponsored Listings. iRockit does not encourage the Users to visit the Sponsored Listings page or to avail any services from them. iRockit will not be liable for the services of the providers of the Sponsored Listings.
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 iRockit accepts no liability for the same.
F. CONTRIBUTION OF CONTENT TO IROCKIT WEBSITE
- iRockit provides informative and educational content for the consumption of Users of the Website with the objective of helping children and adolescents with special needs, mental health and related problems. Some of this Content may be contributed by the Service Provider and published by us on the Website.
- The Service Provider acknowledges that they are the original authors and creators of any Content or comments provided by them for publishing on the Website or published by them directly on the Website and that no Content or comment provided would constitute infringement of the intellectual property rights of any other person. iRockit reserves the right to remove any Content or comment which it may determine at its own discretion as violating the intellectual property rights of any other person. The Service Provider agrees to absolve iRockit from and indemnify iRockit against all claims that may arise as a result of any third party intellectual property right claim that may arise from the Service Provider’s content on the Website. The Service Provider also agrees to absolve iRockit from and indemnify iRockit against all claims that may arise as a result of any third party intellectual property claim if the Service Provider downloads an image from iRockit’s site and utilizes it for his/her personal or commercial gain.
- The Service Provider hereby assigns to iRockit, in perpetuity and worldwide, all intellectual property rights in any Content or comment created by the Service Provider and provided to iRockit for publishing.
- iRockit shall have the right to edit or remove the Content and any comments in such manner as it may deem fit at any time.
- The Service Provider may also use the Website in order to view original content created by Users or Service Providers and also create and upload comments on such Content including their own content where allowed.
- Service Provider acknowledges that the Content provided by them reflects the views and opinions of the authors of such content and does not necessarily reflect iRockit’s views.
- Service Provider agrees not to post any comments or upload any Content which are defamatory, obscene, objectionable or in nature and IRockit reserves the right to remove any comments which it may determine at its own discretion to violate these Terms and Conditions or be violative of any law or statute in force at the time. The Service Provider agrees to absolve iRockit from and indemnify iRockit against all claims that may arise as a result of any legal claim arising from the nature of the Content or the comments posted by the Service Provider.
G. ONLINE INTERACTIONS WITH USERS
- The informative and educational content published by iRockit can be commented on by Registered Users and Service Providers. Such a platform often sees Users interacting with one another on subjects which may or may not be directly related to the published content.
- Service Provider(s) agree that, when posting a comment or providing any written response to a User’s comment/ query, the Service Provider shall not post language that may be considered abusive, objectionable or demeaning to the User or in general.
- Service Provider hereby represents and warrants that he/she:
- is qualified to provide health/ education services (in the special needs, mental health and related areas) within the territory of India;
- has obtained all licenses as required by law to provide such services and/or has the qualifications to provide such services, and has not committed any act or omission that might prejudice its continuance or renewal; and
- has provided iRockit true, accurate, complete and up to date details about their qualification and credentials.
- Service Provider hereby agrees to hold in strictest confidence all information provided by a User to him/her under all circumstances. Service Provider agrees that he/she shall not disclose any information or documentation provided by a User to any other person, nor shall he/she allow, by act or omission, such information or documentation to be acquired by any other person.
- Any communication sent by or through iRockit to the Service Provider is based solely on information uploaded by the Users. iRockit shall 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.
H. OFFLINE INTERACTIONS WITH USERS
Any offline activity/ service delivery/ interactions between Service Providers and Users of iRockit Website, has nothing to do with iRockit and iRockit bears no liability whatsoever. Should Users and Service Providers use the interactivity feature (comments/reviews/recommendations) of the Website to connect with each another offline for whatever purpose, in no way does iRockit endorse the same and iRockit cannot be held responsible.
I. DEACTIVATION OF ACCOUNT
You can write to email@example.com citing your request for de-activation. On de-activation your profile will no longer be available for public view. If you are an institution and you de-activate your account, then your institution account will not show but the profiles of all the individual practitioners Linked to your account will continue to show as an individual account or Linked to another institution (as it was before Delinking), but without your logo.
However, the data in the account will be retained by iRockit in accordance with applicable law. Your past activity as a Service Provider e.g. answers, comments, recommendations etc. will also continue to show in relevant sections of the website.
- You will cooperate with us in the administration of the System, including providing reasonable assistance in evaluating the System and collecting and reporting data requested by us for the purposes of administering the System.
- We may provide your reference to other potential users of the System as a referral to our Services. In case you would not like to be contacted by potential users, you can send us an email at firstname.lastname@example.org regarding the same. We shall cease providing your reference to potential users within 48 hours of receipt of such written request.
K. PROVIDING SERVICE PROVIDER DATA
You agree that we may provide information concerning your practice to any medical group, educational body, independent practice association of physicians, health plan or other organization including any organization with which you have a contract to provide medical, educational or other professional services, or to whose members or enrollees you provide such services. Such information may identify you, but will not identify any individual to whom you provide services. Such information may include (without limitation) aggregate data concerning your patients, diagnoses, procedures, orders etc.
L. CONFIDENTIAL INFORMATION
- You will treat all information received from us as confidential. You may not disclose our confidential information to any other person, and you may not use any confidential information except as provided herein. Except as otherwise provided in Service Provider and Other Terms, You may not, without our prior written consent, at any time, during or after the applicability of these Service Provider Terms, directly or indirectly, divulge or disclose confidential information for any purpose or use confidential information for your own benefit or for the purposes or benefit of any other person. You agree to hold all confidential information in strict confidence and to take all measures necessary to prevent unauthorized copying, use, or disclosure of confidential information, and to keep the confidential information from being disclosed into the public domain or into the possession of persons not bound to maintain confidentiality. You will disclose confidential information only to your employees, agents or contractors who have a need to use it for the purposes permitted under the Service Provider Terms and Other Terms only. You will inform all such recipients of the confidential nature of confidential information and will instruct them to deal with confidential information in accordance with these Service Provider Terms. You will promptly notify us in writing of any improper disclosure, misappropriation, or misuse of the confidential information by any person, which may come to your attention.
- You agree that we will suffer irreparable harm if you fail to comply with the obligations set forth in this section, and you further agree that monetary damages will be inadequate to compensate us for any such breach. Accordingly, you agree that we will, in addition to any other remedies available to us at law or in equity, be entitled to seek injunctive relief to enforce the provisions hereof, immediately and without the necessity of posting a bond.
- This section will survive the termination or expiration of these Service Provider Terms or Agreement for any reason.
M. DISCLAIMER AND EXCLUSION OF WARRANTIES
- You acknowledge that access to the System will be provided over various facilities and communication lines, and information will be transmitted over local exchange and internet backbone carrier lines and through routers, switches, and other devices (collectively, “Carrier Lines”) owned, maintained, and serviced by third-party carriers, utilities, and internet service providers, all of which are beyond our control. We assume no liability for or relating to the integrity, privacy, security, confidentiality, or use of any information while it is transmitted on the carrier lines, or any delay, failure, interruption, interception, loss, transmission, or corruption of any data or other information attributable to transmission on the carrier lines. Use of the Carrier Lines is solely at your risk and is subject to all applicable local, state, national, and international laws.
- The Services, the Website the System, access to the system and the information contained on the system is provided “as is” and “as available” basis without any warranty of any kind, expressed or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. You are solely responsible for any and all acts or omissions taken or made in reliance on the system or the information in the system, including inaccurate or incomplete information. It is expressly agreed that in no event shall we be liable for any special, indirect, consequential, remote or exemplary damages, including but not limited to, loss of profits or revenues, loss of use, or loss of information or data, whether a claim for any such liability or damages is premised upon breach of contract, breach of warranty, negligence, strict liability, or any other theory of liability, even if we have been apprised of the possibility or likelihood of such damages occurring. We disclaim any and all liability for erroneous transmissions and loss of service resulting from communication failures by telecommunication service providers or the system.
- You acknowledge that other Users have access to the System and are receiving our Services. Such other Users have committed to comply with these terms & conditions and our policies and procedures concerning use of the System; however, the actions of such other users are beyond our control. Accordingly, we do not assume any liability for or relating to any impairment of the privacy, security, confidentiality, integrity, availability, or restricted use of any information on the system resulting from any Users’ actions or failures to act.
- We are not responsible for unauthorised access to your, data, facilities or equipment by individuals or entities using the system or for unauthorized access to, alteration, theft. Corruption, loss or destruction of your, data files, programs, procedures, or information through the system, whether by accident, fraudulent means or devices, or any other means. You are solely responsible for validating the accuracy of all output and reports, and for protecting your data and programs from loss by implementing appropriate security measures, including routine backup procedures. You hereby waive any damages occasioned by lost or corrupt data, incorrect reports, or incorrect data files resulting from programming error, operator error, equipment or software malfunction, security violations, or the use of third-party software. We are not responsible for the content of any information transmitted or received through our provision of the services.
- We expressly disclaim any liability for the consequences to you arising because of your use of the System or the Services.
- We do not warrant that your use of the system and the services under these terms will not violate any law or regulation applicable to you.
We may update or change the Services and/or the Service Provider Terms and/ or the Service Fee set forth in these Service Provider Terms from time to time and recommend that you review these Service Provider Terms on a regular basis. You understand and agree that your continued use of the Services after the Service Provider Terms has been updated or changed constitutes your acceptance of the revised Service Provider Terms. Without limiting the foregoing, if we make a change to these Service Provider Terms that materially affects your use of the Services, we may post notice on the Website or notify you via email of any such change.