Terms of reference for Members of Circle Health
This document is an electronic record in terms of Information Technology Act, 2000 and rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
Your use of Website/ Application and other applications developed, managed and operated by ALIGNMENT HEALTH PRIVATE LIMITED a Private Limited Company registered under the provisions of Companies Act, 2013 having its registered office at HD – 043, WeWork Prestige Atlanta, 80 Feet Main Road, Koramangala 1A Block, Bengaluru, Karnataka - 560034 (hereinafter referred to as “We/ Circle Health”) are governed by these Terms and these Terms apply to all visitors, users and others who access or use the Application and Service offer by the Circle Health. By accessing or using the Website, Application and Service you agree to be bound by these Terms. If you disagree with any part of the Terms, then you may not access the Application and Service of Company.
The term “you/ your” or “User” refers to the user of Application and Service offered commercially by Company.
A. Nature of Services
Circle Health is a technology platform which helps the Subscribers to get healthy and remain healthy for the long term through managed healthcare programs. Circle Health is not a medical service provider or not an expert in providing any medical advice and hence Circle Health identifies qualified medical professionals who will be part of the Circle Health platform to provide the medical advice. Circle Health acts as an facilitator between the Subscriber and medical professionals and lifestyle experts to ensure that the Subscribers are provided a common platform for managing their health, including various diagnostics, screenings, consultations etc.
B. Provisioning of Services
The Circle health platform offers a collection of services that are rendered by certain other third parties. While they are being rendered under the aegis of Circle Health, the Subscribers hereby acknowledge and agree that the underlying service being rendered pursuant to the Subscriber opting for the health plan of Circle Health. Circle Health is not involved in the medical consultations, diagnostics or any treatment and the services are delivered by and rendered through a medical professional and/or third parties and it creates an underlying contractual relation between the Subscriber and such third party. Subscriber hereby confirms that the Circle Health is released from any liabilities arising out of services. The types of services included under the Subscribers plan are as follows -The Company engages the Consultant to provide, and the Consultant agrees to provide, Medical Services on the terms and conditions mentioned hereinafter in this Agreement.
(a) Detailed health assessment including full body health check, risk assessment basis family history & lifestyle and detailed consultation with a physician.
(b) Protocol based customized health plan for each member including guidance on nutrition, lifestyle, habit changes and medication (as required)
(c) Unlimited consultation (physical and online) within our curated network of medical professionals
(d) Unlimited consultation with nutritionists and habit coaches
(e) Unlimited or Discounted lab diagnostics and medicines as prescribed by our doctors depending on the plan chosen
(f) Upto 50% discount on radiological diagnostics as prescribed by our doctors
The Subscribers shall be notified about the time and date for availing the services through the platform and / or call centre and in case of any change in the services the Subscribers will be informed in writing through Email or other media.
The Subscriber shall pay the subscription fees as per the package selected by the Subscriber.
D. Consent To Use Of Data
E. FORCE MAJEURE
Any delay or failure to provide access to the Application and Service hereunder shall be excused if and to the extent caused by the occurrence of a Force Majeure. For the purposes of this Agreement, “Force Majeure” shall mean a cause or event that is not reasonably foreseeable or not otherwise caused by or under the control of the Party claiming Force Majeure, including acts of God, pandemic, fires, floods, explosions, riots, wars, hurricane, epidemics, sabotage, terrorism, vandalism, accident, restraint of government, governmental acts, change in government, injunctions, labour strikes, internet outage, power outage, network failure, failure of components/cables/subsystems and other like events that are beyond the reasonable control of Company affected thereby, despite the Company's reasonable efforts to prevent, avoid, delay, or mitigate the effect of such acts, events or occurrences, and which events or the effects thereof are not attributable to the Company's failure to provide access to the Application and Service.
F. Limitation Of Liability
It is agreed that Company and its affiliates, employees, directors, agents shall not be liable, for any direct, indirect, incidental, consequential, punitive damages (including, without limitation, lost profits, cost of procuring substitute service, loss of opportunity), or any peril to the life and limb, however caused to the User, arising out of access to Application and Service. In the event of any loss or damages caused to the User due to actions solely attributable to Company, the liability of the Company shall be limited to the consideration paid by the User in relation to access and use of the Service.
If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, then the remainder of this Agreement shall remain in full force and effect. In the event any such provision previously held to be invalid, illegal, or unenforceable, is thereafter held by a court of competent jurisdiction to be valid, legal, or enforceable, then said provision shall automatically be revived and incorporated into this Agreement.
H. Governing Law And Jurisdiction
This Agreement, all transactions executed hereunder, and the legal relations between the Parties shall be governed and construed solely in accordance with the laws of India and the courts of Bengaluru shall have exclusive jurisdiction.