These terms and conditions (“Practitioner Terms“) form a legally binding agreement between Thinck Holistic Living Pvt. Ltd. (“We” or “Us” or Our or “Thinck” or “Company”), and You (“You” or “Your”), as a Practitioner User of Our Website, System and Services.
You and We are hereinafter collectively referred to as the “Parties”.
Please read these Practitioner Terms carefully. By clicking “sign up” or the ‘I accept’ or “I agree” tab at the time of registration, or through the use of the System and/or Services, or by accessing the System and/or Services through any medium, You agree to be bound by these Practitioner Terms.
The following terms used in these Practitioner Terms shall have the meaning set forth below:
(i) “Account” means credit or debit balance maintained by You with the Website;
(ii) “Effective Date” means the Date on which You accept these Practitioner Terms by clicking ‘Sign Up’ or “I Accept’ or ‘I agree’;
(iii) “User Information” means information regarding Registered Users which includes personal and medical information and any other information which may be provided to You;
(iv) “Services” means the services offered by Thinck that involves use of the System, which may include the practice management service, electronic medical records service and other services as may be introduced by Thinck from time to time;
(v) “Website” means www.thinck.in
(vi) “System” means the technology platform provided by Us as part of the Website consisting of hardware and / or software;
All other capitalized terms shall have the meaning ascribed to them in the Other Terms.
2. Grant of Rights
(i) Subject to the terms of the Agreement, we grant to You and You accept a non-exclusive, personal, non-transferable, revocable and limited right to have access to and to use the System for the duration of Your engagement with Us.
While using this Website or the System, you shall not:
(a) use the System for time-sharing, rental or service bureau purposes;
(b) make the System, in whole or in part, available to any other person, entity or business;
(c) modify the contents of the Systems and the Website or use such content for any commercial purpose, or any public display, performance, sale or rental other than envisaged in the Agreement;
(d) copy, reverse engineer, decompile or disassemble the System or the Website, in whole or in part, or otherwise attempt to discover the source code to the software used in the System; or
(e) modify the System or associated software or combine the System with any other software or services not provided or approved by Us.
3. By accepting these Practitioner Terms, You agree that:
(i) You will acquire, install, configure and maintain all hardware, software and communications systems necessary to access the System (“Implementation“) and receive the Services. To the extent possible, such an assessment should be done before making advance payment for the Service. Your Implementation will comply with the specifications from time to time established by Us. You will ensure that Your Implementation is compatible with the System and Services. If We notify You that Your Implementation is incompatible with the System and / or Services, You will rectify such incompatibility, and We will have the right to suspend Services to You until such rectification has been implemented. Under no circumstances will You be eligible for any refund or any financial assistance in relation to Implementation.
4. Engagement of Practitioners by Thinck
In certain cases, You and Thinck may agree that You will commit to providing information and responses on the Website for a specific period of time (such as a specific number of hours per day / week/ month). In such a case, while all the terms of the Agreement will continue to apply to You, there may be some additional terms which will apply to You which will be agreed between You and Thinck.
5. Access to the System and Use of Services
(i) Verification. You agree that Your receipt of Services is subject to verification by Us of Your identity and credentials as a Practitioner/ therapist and to Your continued 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 registration details, if any, Your qualifications and other information we may require in order to prove that You are a qualified practitioner in the field that You claim (“Credentials“). We may verify such Credentials or may ask You for additional information. We may also make enquiries from third parties to verify the authenticity of Your Credentials.. 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 System and Services at any time if We are unable at any time to determine or verify Your Credentials. We reserve to right to carry out re-verification of Credentials as and when required, and the above rights and commitments will extend to re-verification as well.
a) You will always use the User ID assigned to You and You will implement and maintain appropriate administrative, physical and technical safeguards to protect the System from access, use or alteration.
b) You will immediately notify Us of any breach or suspected breach of the security of the System of which You become aware, or any unauthorized 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.
(iii) No Third-Party Access. You will not permit any third party to have access to the System or to use the System or the Services without Our prior written consent. You will not allow any third party to access the System or provide information to Registered Users/ Non-Registered Users on the Website. You will promptly notify Us of any order or demand for compulsory disclosure of health information if the disclosure requires access to or use of the System or Services.
(iv) Thinck does not promise or guarantee uninterrupted communication or access to the System at any point in time.
(i) You are solely responsible for ensuring that Your use of the System and the Services complies with applicable law. You will also ensure that Your use of the System, the Website and the Services in always in accordance with the terms of the Agreement. You will not undertake or permit any unlawful use of the System or Services, or take any action that would render the operation or use of the System or Services by us unlawful.
(ii) Without limiting the generality of the foregoing, You represent that You shall not use the System in violation of any applicable law. Notwithstanding the generality of the foregoing, You shall not use the System to:
a) Discriminate in any way between appointments booked in the ordinary course and appointments booked through Thinck.
b) Directly or indirectly solicit Registered Users for consultation.
c) Make any false claim or claims that cannot be substantiated by clear proof.
(iii) You shall keep Your Credentials updated and will inform Us immediately should any of Your Credentials be revoked, is cancelled or expires.
(iii) You understand that Thinck is not responsible for any feedback/review provided by the Registered User.
7. User information
(i) You hereby acknowledge that You may get access to User Information including identifiable health related information.
(ii) You represent and warrant that You will, at all times during the use of the Services and thereafter, comply with all laws directly or indirectly applicable to You that may now or hereafter govern the collection, use, transmission, processing, receipt, reporting, disclosure, maintenance, and storage of User Information, including but not limited to the Information Technology Act, 2000 and The Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 made thereunder.,
(iii) Notwithstanding the above:
(b) You represent and warrant that You will not use the User Information of Registered Users and Non-Registered Users for any other purpose than for providing information to such Registered Users and Non-Registered Users and /or fixing appointments with the Registered Users and/or for a purpose beneficial to the relevant Registered User.
You will cooperate with Us in administering 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.
9. Intellectual Property Rights
All intellectual property rights in and title to the System, the present or future modifications / upgradations thereof and standard enhancements thereto shall remain the property of Thinck and its licensors. These Practitioner Terms or the Agreement do not and shall not transfer any ownership or proprietary interest in the System from Thinck to You, except as may be otherwise expressly provided in these Practitioner Terms or as may be agreed to by and between Thinck and You.
10. Fees and Charges
(i) You will be obligated to pay Us Our standard service fee (the “Service Fee“) for the Services to which You have access during Your subscription to the System and Our Services. You also agree to pay, Our then current rates, for all goods or services that You request from Us and that are not included in Our standard services (“Miscellaneous Charges“). We will notify You of the Service Fee and Miscellaneous Charges when You are granted access to a service, and We will notify You of the applicable Miscellaneous Charges before providing services to which a Miscellaneous Charge will apply.
(ii) You understand that Thinck provides various Services with respect to the System. While some of these Services are provided for free, there are certain Services for which costs will be incurred by You, if You decide to avail such Services (“Paid Services“). We will notify You of the Paid Service when You avail of the Paid Service. Thinck shall have the right to change the Service Fees for the Paid Services at any time, with or without notice to You. Your continued use of the System and the Website shall be deemed to be Your acceptance of such changes.
(iii) You understand and acknowledge that We may follow a prepay payment model for Our Services. Accordingly, Your access to the Services can be limited or suspended or terminated in case You are unable to maintain any credit balance in Your Account which you may have agreed to at the time of subscription (“Non Payment State“). Thinck reserves the right to charge additional charges (“Activation Fees“) in case Your Services need to be restored after being suspended for non-payment.
(iv) All charges and fees shall be exclusive of all state, municipal, or other government excise, sales, service, use, occupational, or like taxes now in force. We have a right to pass on any additional taxes or other state levies to You and You agree to pay any tax (excluding taxes on Our net income) that We may be required to collect or pay now or at any time in the future and that are imposed upon the sale or delivery of items and Services purchased under these Practitioner Terms.
(v) You are responsible for any charges You incur to use the System, such as telephone and equipment charges, and fees charged by third-party vendors of products and services.
(f) We reserve the right to change the terms applicable to fee at any point in time by intimating the change on the website. . You agree that no separate confirmation or approval is required from You to amend the terms with regard to the fee.
(vi) We do not have any refunds policy. You can stop payment of the Service Fees at any point in time to discontinue using Our Service. At such point, Your subscription shall last till the end of Your subscription period (a maximum of 30 days) and shall then be moved to Non Payment State. Provisions of Section 11(iii) above shall apply for such accounts.
(vii) The Practitioner Fees collected by Thinck on your behalf from Registered Users shall be settled on a monthly basis, with a 15 day grace period by the 10th of the following month. For the removal of doubts, a consultation shall be deemed to have been completed when the payee Registered User has been provided the level of consultation reasonably expected from you in consideration of the Practitioner Fees. You understand that it is important to provide the complete and correct bank details to enable us to remit the fee in a timely manner and that we are not liable for any error in remitting the fee in the event of incomplete or inaccurate information provided by you.
(viii) When We collect lump sum Practitioner Fees for multiple consultations which have been booked by the Registered Users:
a. You will deliver and complete all consultations which have been booked.
b. the lump sum Practitioner Fees shall be deemed to have been delivered only after expiry of one month from the date of completion of the last consultation.
c. You will refund all amounts for which no consultation has been delivered.
(x) In case Thinck is of the opinion that the consultation provided by you to Registered User against the Practitioner Fees is unsatisfactory or deficient in some way, then it reserves the right to (a) where the corresponding Practitioner Fees is unpaid, forfeit the said fees or
(b) where the corresponding Practitioner Fee is paid, (i) recover the corresponding Practitioner Fees by adjusting the amount equivalent to Practitioner Fees against any future payments that may be due or (ii) make a claim of the corresponding Practitioner Fees on you. You agree that upon receipt to a claim from Thinck, you will pay the amount to Thinck within fifteen (15) days from the date of the claim.
(xi) You may treat the Registered User as in a physical one on one consultation. If any point in time, you feel or find that you lack the skills/expertise/infrastructure/bandwith to provide the treatment or therapy, you may cancel the consultation/appointment. In such a case Thinck will reschedule the appointment/consultation with another practitioner or refund the fee to the Registered User. The Practitioner is responsible for any taxes and commissions incurred and Thinck will collect/ deduct the same from the Practitioner.
11. Confidential Information
(a) You will treat all information received from Us as confidential. You may not, without Our prior written consent, at any time, during or after the applicability of these Practitioner Terms, directly or indirectly, divulge or disclose Our confidential information to any other person, or use any confidential information except as provided herein 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 Practitioner 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 Practitioner 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.
(b) You agree that We will suffer irreparable harm if You fail to comply with the obligations set forth in this Section 11, 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.
(c) This Section 11 will survive the termination or expiration of these Practitioner Terms or Agreement for any reason.
12. Disclaimer and Exclusion of Warranties
(A) 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.
(B) 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.
(C) 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.
(D) WE ARE NOT RESPONSIBLE FOR UNAUTHORIZED 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.
(E) WE EXPRESSLY DISCLAIM ANY LIABILITY FOR THE CONSEQUENCES TO YOU ARISING BECAUSE OF YOUR USE OF THE SYSTEM OR THE SERVICES.
(F) 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.
13. Limitation Of Liability
NOTWITHSTANDING THE OTHER TERMS OF THESE Practitioner TERMS , IN THE EVENT THINCK SHOULD HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS, HARM OR DAMAGE, YOU AND THINCK AGREE THAT SUCH LIABILITY SHALL UNDER NO CIRCUMSTANCES EXCEED THE VALUE OF ANY FEES RECEIVED BY THINCK FROM YOU IN THE PRECEDING TWELVE MONTHS.
You agree to indemnify, defend, and hold harmless Thinck, Our and their affiliates, officers, directors, and agents, from and against any claim, expense, damage, cost or liability, including reasonable attorneys’ fees, arising out of: (a) the use of the Services; (b) any breach by You of any representations, warranties or agreements contained in these Practitioner Terms ; (c) the actions of any person gaining access to the System under a User ID assigned to You; (d) the actions of anyone using a User ID, password or other unique identifier assigned to You that adversely affects the System or any information accessed through the System; (e) any action, claim or proceedings brought about by a User of the Website in respect of any act or omission by the Practitioner (f) any action, claim or proceedings brought about by a Practitioner in respect of any act or omission by a User.
15. Termination; Modification; Suspension; Termination
(a) We or You may terminate our Services at any time without cause upon thirty (30) days prior written notice.
(b) We may modify the Services and/or the Practitioner Terms and/ or the Service Fee set forth in these Practitioner Terms from time to time and We recommend that You review these Practitioner Terms on a regular basis. You understand and agree that Your continued use of the Services after the Practitioner Terms has been updated or changed constitutes Your acceptance of the revised Practitioner Terms.
(c) Termination, Suspension or Amendment as a result of applicable laws – Notwithstanding anything to the contrary in these Practitioner Terms, We have the right, on providing notice to You, immediately to terminate, suspend, or amend the provision of the Services without liability: (a) to comply with any order issued or proposed to be issued by any governmental agency; (b) to comply with any provision of law, any standard of participation in any reimbursement program, or any accreditation standard; or (c) if performance of any term of these Practitioner Terms by either Party would violate applicable law.
(d) We may terminate the provision of Services to You through the System immediately upon notice to You: (i) if You are named as a defendant in a criminal proceeding for a violation of applicable law; (ii) if a finding or stipulation is made or entered into that You have violated any standard or requirement of applicable law relating to the privacy or security of health information is made in any administrative or civil proceeding; or (iii) You cease to be qualified to provide services, or (iv) We are unable to verify Your Credentials as correct and accurate. Or (v) if there are three no-shows by you (vi) or if there are complaints of misconduct with the Users or (viii) if it if brought to our notice that you have solicited or attempted to solicit a Registered User.
(e) We may suspend Your Services immediately pending Your cure of any breach of these Practitioner Terms, or in the event We determine in Our sole discretion that access to or use of the System by You may jeopardize the System or the confidentiality, privacy, security, integrity or availability of information within the System, or that You have violated or may violate these Practitioner Terms or Other Terms, or Your use of the System or Website has jeopardized or may jeopardize the rights of any third party, or that any person is or may be making unauthorized use of the System with any User ID assigned to You. Our decision to suspend the Services shall not waive or affect Our rights to terminate these Practitioner Terms as applicable to You as permitted under these Practitioner Terms.
(f) Upon termination, We will terminate Your access to the System and You will cease to use the System. Upon termination for any reason, You will remove all software provided under Practitioner Terms from Your computer system/s, You will cease to have access to the System, and You will return to Us all hardware, software and documentation provided by or on behalf of Us.