Terms and Conditions

Terms Of Use

The terms and conditions (hereinafter collectively referred to as, the "Terms of Service") set out herein shall be a legally binding Agreement between Astikan Healthcare India Pvt. Ltd., a company incorporated under the Companies Act, 1956, having its registered office at JSS Technical Institute C20/1 Noida -201301, India (hereinafter interchangeably referred to as, "We" or "Us" or "Our" or the "Company" or "Astikan"), and you (hereinafter referred to as, "You" or "Your"), as the Registered Doctor (defined below) or Registered Alternative Medicine Practitioner (defined below) or Wellness Professional (defined below) or User / Registered User (defined below) on the Platform (defined below) and/or the services offered through the Platform. The Platform is developed and maintained by the Company.

The Terms of Service shall govern your use of the Platform and its services offered through the Platform, therefore, please read and understand the Terms of Service before you access the services, view, download, install or Register with or use the Platform. If you are not agreeable to this Terms of Service, then you shall not access, view, download, or install the Platform, or use the Platform or the services offered through the Platform, and if you are accessing, installing, using, or viewing the Platform, then you shall delete the account and desist from such accessing, using, installing or viewing the Platform.

By accessing, viewing, downloading, installing, and/or using the Platform or the services offered through the Platform, you voluntarily and unconditionally accept to and agree to be bound by the Terms of Service and the Privacy Policy (defined below).

DEFINITION
1. "Alternative Medicine Practitioner" shall mean any person who possesses recognized qualification, under Applicable Law in the jurisdiction of such person’s practice, for the practice of Homeopathy, Ashtang Ayurveda, Siddha, Unani Tibb, or Naturopathy, or Yoga, and who has been (where applicable) enrolled in the register of the respective statutory regulatory Council, as may be applicable, viz., State Register of Homeopathy or Central Register of Homeopathy under the Homeopathy Central Council Act, 1973, or State Register of Indian Medicine or the Central Register of Indian Medicine under the Indian Medicine Central Council Act, 1970 or any such Council, Board or any other statutory body recognized under the Applicable Law in the jurisdiction of such person’s practice, but does not include a Doctor, an association or collective of Doctors, hospital or clinic.
2. "Applicable Law" means all applicable: statutes, enactments, acts of legislature or parliament, laws, ordinances, rules, bye-laws, regulations, notifications, guidelines, or policies of the jurisdictions in which the Company, the Registered Medical Practitioner and/or the patient are located and/or carry on any business or activities, administrative interpretation, directions, directives, judgment, arbitral award, decree, orders or Governmental Approvals of, or agreements with, any Governmental Authority and international treaties, conventions and protocols; as may be in force from time to time;
3. "Diagnostic Laboratory" shall mean any laboratory offering in the bio-medical, biochemical, clinical pathology, bacteriological, genetic, radiological, chemical, biological investigations, or other investigative services, under Applicable Law.
4. "Doctor" shall mean any person who possesses recognized medical qualification, under Applicable Law in the jurisdiction of such person’s practice, and who has been enrolled in the register of the respective statutory regulatory Council viz., Medical or Dental or Indian Medical Council, National Medical Commission, or Dental Council of India, or any such Council, Board or any other statutory body recognized under the Applicable Law in the jurisdiction of such person’s practice, but does not include an association or collective of doctors, hospital or clinic.
5. "Platform" shall mean the website available at the URL www.astikan.com, the mobile Applications by the name "Astikan” Health App a Doctor", together with all periodic updates thereon developed by the Company, as may be downloaded from Google PlayStore or Apple AppStore or such other permitted/authorized Application store, and the Bot made available at, and on WhatsApp via mobile number +91 9990071792.
6. "Platform Fee" shall mean the fee paid by a Registered Doctor, Registered Alternative Medicine Practitioner, or Registered Wellness Professional to the Company for using the services of the Platform to offer Registered Doctor Services, Registered Alternative Medicine Practitioner Services, or Registered Wellness Professional Services, as the case may be.
7. "Privacy Policy" shall mean the privacy policy for the Platform, as may be updated from time to time by the Company.
8. "Professional Fee" shall mean the consideration paid to a Registered Doctor, Registered Alternative Medicine Practitioner, or Registered Wellness Professional, either by the Company or a User, as the case may be, in respect of certain Registered Doctor Services, Registered Alternative Medicine Practitioner Services, or Registered Wellness Professional Services, as the case may be, offered through the Platform.
9. "Registered Alternative Medicine Practitioner" shall mean any Alternative Medicine Practitioner registered on the Platform and consulting or attending to a User, through the Platform, with the use of login credentials generated through the Platform.
10. "Registered Alternative Medicine Practitioner Information" shall mean and include any information described under Section 10 herein below, submitted by the Registered Alternative Medicine Practitioner through the use of the Platform.
11. "Registered Alternative Medicine Practitioner Services" shall mean any and/or all services made available to a Registered Alternative Medicine Practitioner through the Platform, as more elaborately defined under Section 3 herein below.
12. "Registered Doctor" shall mean any Doctor registered on the Platform and consulting or attending to a User, through the Platform, with the use of login credentials generated through the Platform.
13. "Registered Doctor Information" shall mean and include any information described under Section 10 of this Terms of Service, submitted by the Registered Doctor through the use of the Platform.
14. "Registered Doctor Services" shall mean any and/or all services made available to a Registered Doctor through the Platform, as more elaborately defined under Section 2 herein below.
15. "Registered User" shall mean any User registered on the Platform, has been provided with valid login credentials, and does not include a Registered Doctor or a Specialty Services Provider.
16. "Registered User Services" shall mean any and/or all services made available to a Registered User, as the case may be, through the Platform, as more elaborately defined under Section 11 herein below.
17. "Registered Wellness Professional" shall mean any Wellness Professional registered on the Platform and consulting or attending to a User, through the Platform, with the use of login credentials generated through the Platform.
18. "Registered Wellness Professional Information" shall mean and include any information described under Section 10 of this Terms of Service, submitted by the Registered Wellness Professional through the use of the Platform.
19. "Registered Wellness Professional Services" shall mean any and/or all services made available to a Registered Wellness Professional through the Platform, as more elaborately defined under Section 4 herein below.
20. "Specialty Services" shall mean services offered by a Specialty Service Provider to a Registered User through the Platform, as more elaborately defined under Section 23 herein below.
21. "Specialty Services Provider" shall mean a hospital or clinic and a Doctor associated with such hospital or clinic, as the case may be, offering Specialty Services to a Registered User through the Platform.
22. "Telemedicine Practice Guidelines" shall mean Telemedicine Practice Guidelines dated March 25, 2020, issued by the Board of Governors, or Telemedicine Practice Guidelines issued by the Central Council of Homeopathy, or Telemedicine Practice Guidelines for Ayurveda, Siddha and Unani Practitioners issued by Central Council of Indian Medicine, or Telepsychiatry Operational Guidelines 2020, or Advisory on Tele Yoga Services, 2020 issued by Central Council for Research in Yoga & Naturopathy or such other applicable Telemedicine Practice Guidelines by whatever name called, issued in respect of the technical support services provided by Registered Doctor or Registered Alternative Medicine Practitioner or Registered Wellness Professional.
23. "User" shall mean any person who uses the Platform or causes the use of the Platform on their behalf other than a Specialty Services Provider or Registered Doctor, to receive User Services as may be made available through the Platform and includes a Registered User.
24. "User Information" shall mean and include any information described under Section 15 of this Terms of Service, submitted by the User through the use of the Platform.
25. "User Services" shall mean any and/or all services made available to a User, as the case may be, through the Platform, as more elaborately defined under Section 14 herein below.
26. "Wellness Professional" shall mean any person who possesses recognized qualification, issued by any accredited body or under Applicable Law in the jurisdiction of such person’s practice, for practice as a Child Health Advisor, Childbirth Educator, Chiropractor, Dietician, Fitness Expert, Lactation Counselor, Microbiology, Nutritionist, Occupational Therapy, Pharmacology, Physiotherapy, Psychologist Counselor, Psychotherapy, Speech therapist, Wellness Medicine, registered on the Platform, and consulting or attending to a User, through the Platform, with the use of login credentials generated through the Platform, but does not include an Alternative Medicine Practitioner, Doctor, association or collective of Alternative Medicine Practitioner, Doctors, hospital or clinic.

PART - A

REGISTERED DOCTOR SERVICES
1. The Platform offers the following services to a Registered Doctor:
  1. Enable the provision of medical consultation to a Registered User and offer medical opinion through messaging, phone calls, and video-conferencing, on the Platform.
  2. Enable the prescription of medicine to a Registered User as stipulated under Section 5 herein below.
  3. Enable the prescription of the diagnostic test(s), as may be necessary, to a Registered User consulting the Registered Doctor as stipulated under Section 5 herein below.
  4. Enable access to the health or medical information of a Registered User, as may be provided by such Registered User, to the Registered Doctor.
  5. Answering paid medical or healthcare queries as may be posted by a Registered User and assigned to the Registered Doctor.
  6. Answering free medical or healthcare queries as may be posted by a Registered User and assigned to the Registered Doctor.
  7. Publishing an academic article on the Platform as stipulated under Section 6 herein below.
  8. Onboarding their existing offline patient as Registered Users on the Platform for offering User Services, as stipulated under Section 7 herein below.
  9. Discussion forums for enabling academic discussion and knowledge sharing between the Registered Doctor as stipulated under Section 8 herein below.
  10. Managing and scheduling an appointment for a consultation on the Platform.
  11. Directory Listing Services: listing of the Registered Doctor and their information on the Platform.
REGISTERED ALTERNATIVE MEDICINE PRACTITIONER SERVICES
1. The Platform offers the following services to a Registered Alternative Medicine Practitioner:
  1. Enable the provision of medical consultation to a Registered User and offer medical opinion through messaging, phone calls, and video-conferencing, on the Platform.
  2. Enable the prescription of the diagnostic test(s), as may be necessary, to a Registered User consulting the Registered Alternative Medicine Practitioner.
  3. Enable access to the health or medical information of a Registered User, as may be provided by such Registered User, to the Registered Alternative Medicine Practitioner.
  4. Answering paid medical or healthcare queries as may be posted by a Registered User and assigned to the Registered Alternative Medicine Practitioner.
  5. Answering free medical or healthcare queries as may be posted by a Registered User and assigned to the Registered Alternative Medicine Practitioner.
  6. Publishing an academic article on the Platform as stipulated under Section 6 herein below.
  7. Onboarding their existing offline patient as a Registered User on the Platform for offering Registered User Services, as stipulated under Section 7 herein below.
  8. Discussion forums for enabling academic discussion and knowledge sharing between the Registered Alternative Medicine Practitioners as stipulated under Section 8 herein below.
  9. Managing and scheduling an appointment for a consultation on the Platform.
  10. Directory Listing Services: listing of the Registered Alternative Medicine Practitioners and their information on the Platform.
2. No Registered Alternative Medicine Practitioner Services shall be provided by any person unless such person is validly recognized as a Registered Alternative Medicine Practitioner on the Platform.
REGISTERED WELLNESS PROFESSIONAL SERVICES
1. The Platform offers the following services to a Wellness Professional:
  1. Enable the provision of wellness consultation to a Registered User and offer opinions through messaging, phone calls, and video-conferencing, on the Platform.
  2. Enable access to the health or medical information of a Registered User, as may be provided by such Registered User, to the Wellness Professional.
  3. Answering paid wellness queries as may be posted by a Registered User and assigned to the Wellness Professional.
  4. Answering free wellness queries as may be posted by a Registered User and assigned to the Wellness Professional.
  5. Publishing an academic articles on the Platform as stipulated under Section 6 herein below.
  6. Onboarding their existing offline patient as a Registered User on the Platform for offering Registered User Services, as stipulated under Section 7 herein below.
  7. Discussion forums for enabling academic discussion and knowledge sharing between the Wellness Professional as stipulated under Section 8 herein below.
  8. Managing and scheduling an appointment for a consultation on the Platform.
  9. Directory Listing Services: listing of the Wellness Professionals and their information on the Platform.
2. No Registered Wellness Professional Services shall be provided by any person unless such person is validly recognized as a Registered Wellness Professional on the Platform.
PRESCRIBING MEDICINE / DIAGNOSTIC TESTS TO USER
1. Registered Doctors may prescribe medicine, in the format as may be prescribed by the Platform, to a Registered User, through the Platform.
2. Registered Doctors duly registered or licensed to practice in a particular jurisdiction or country shall not prescribe medicine / diagnostic tests to a Registered User residing in another jurisdiction or country.
3. Registered Doctors duly registered or licensed to practice in a particular jurisdiction or country shall adhere to Applicable Law in such jurisdiction while prescribing medicine / diagnostic tests to a Registered User residing in such jurisdiction or country.
4. Registered Doctor licensed to practice in India:
  1. shall adhere to and be guided by the applicable Telemedicine Practice Guidelines and other Applicable Laws for prescribing medicine to a Registered User residing in India.
  2. may prescribe medicine listed under List O in the Medicine List of the applicable Telemedicine Practice Guideline to a Registered User through any form of consultation, on the Platform.
  3. may prescribe medicine listed under List A in Medicine List of the applicable Telemedicine Practice Guideline to a Registered User for the first time only through consultation by video-conferencing, on the Platform, and may prescribe re-fill of such medicine to the same Registered User through any form of consultation, on the Platform.
  4. may prescribe medicine listed under List B in Medicine List of the applicable Telemedicine Practice Guideline to a Registered User who has consulted the Registered Doctor in-person and was prescribed such medicine, and is only seeking a follow-up consultation within six months of such in-person consultation with the Registered Doctor, through the Platform. List B medicine may be prescribed to such Registered User through any form of consultation on the Platform.
  5. shall not prescribe any medicine listed under the Prohibited List of the applicable Telemedicine Practice Guideline to a Registered User through the Platform.
ACADEMIC ARTICLES
1. A Registered Doctor, Registered Alternative Medicine Practitioner, or Registered Wellness Professional, as the case may be, may write and publish – subject to the editorial decision of the Platform, an academic article relating to medicine, healthcare, physical and mental wellness, or other similar areas, on the Platform.
2. A Registered Doctor, Registered Alternative Medicine Practitioner, or Registered Wellness Professional, as the case may be, proposing to publish an academic article shall submit a such article to the editorial team of the Platform, through the Platform, for review.
3. An academic article submitted by a Registered Doctor, Registered Alternative Medicine Practitioner, or Registered Wellness Professional, as the case may be, under Section 6.2 hereinabove may be, during the such review, suitably edited to meet the editorial standards of the Platform.
4. An academic article submitted by a Registered Doctor, Registered Alternative Medicine Practitioner, or Registered Wellness Professional, as the case may be, through the Platform, may be accepted or rejected by the Platform.
5. A Registered Doctor, Registered Alternative Medicine Practitioner, or Registered Wellness Professional, as the case may be, may be eligible for a Professional Fee for publishing an academic article only after such academic article has been approved by the editorial team and been published on the Platform, in terms of the fees schedule as fixed by clinic from time-to-time, as may be communicated to the Registered Doctor, Registered Alternative Medicine Practitioner, or Registered Wellness Professional, as the case may be.
6. Academic articles written by Doctor, and approved by the editorial team, may be published on the Platform
ONBOARDING AN OFFLINE EXISTING PATIENT
1. A Registered Doctor, Registered Alternative Medicine Practitioner, or Registered Wellness Professional, as the case may be, shall take all the necessary consent and approval from an existing offline patient for seeking to onboard such patient as a Registered User on the Platform.
2. A Registered Doctor, Registered Alternative Medicine Practitioner, or Registered Wellness Professional, as the case may be, shall provide the name, email address, telephone number, and such other information as may be required, of the existing offline patient for seeking to onboard them as a Registered User.
3. On receipt of the necessary information as stipulated under Section 7.2 hereinabove, the Platform may send an email invitation for such existing offline patient to be registered as a Registered User on the Platform, and such registration shall follow the procedure for User Registration as stipulated in Section 12 herein below.
4. A patient on completing the process of registration, as stipulated under Section 7.3 hereinabove, shall be a Registered User on the Platform and shall have access to all the Registered User Services.
DISCUSSION FORUM
1. A Registered Doctor, Registered Alternative Medicine Practitioner, or Registered Wellness Professional, as the case may be, may post content such as comments or such other permitted reaction(s) in the discussion forum for discussions on medical and healthcare-related issues amongst the Registered Doctor, Registered Alternative Medicine Practitioner, or Registered Wellness Professional, as the case may be.
2. A Registered Doctor, Registered Alternative Medicine Practitioner, or Registered Wellness Professional, as the case may be, shall not post any confidential information or patient-identifiable information about any Registered User or another patient in the discussion forum.
3. A Registered Doctor, Registered Alternative Medicine Practitioner, or Registered Wellness Professional, as the case may be, shall obtain necessary approval, if any required under Applicable Law or under any covenant binding such Registered Doctor, Registered Alternative Medicine Practitioner, or Registered Wellness Professional, as the case may be, for posting any post or engaging in the discussion in the discussion forum, on the Platform.
4. The Platform may moderate content and/or participation in the discussion forum.
ALTERNATIVE MEDICINE PRACTITIONER / DOCTOR / WELLNESS PROFESSIONAL REGISTRATION
1. An Alternative Medicine Practitioner, Doctor, or Wellness Professional seeking to register as a Registered Alternative Medicine Practitioner, Registered Doctor, or Registered Wellness Professional, as the case may be, on the Platform shall:
  1. submit an application form, as may be provided by the Platform; and
  2. provide educational documents, credentials, and other information as may be sought by the Platform;
  3. answer academic questions, provided by the Platform; and
  4. satisfactorily meet such other requirement(s), as may be prescribed by the Platform from time to time.
2. The information provided by an Alternative Medicine Practitioner, Doctor, or Wellness Professional, as the case may be, under Section 10.1 hereinabove shall be reviewed by the Company, and in case of any such information being improper, inadequate, insufficient, or unclear, the Company may request such Alternative Medicine Practitioner, Doctor, or Wellness Professional, as the case may be, to re-furnish such information, or provide such additional information, as the case may be.
3. If the answer provided by an Alternative Medicine Practitioner, Doctor, or Wellness Professional, as the case may be, to the questions stipulated under Section 9.1.3 hereinabove is not satisfactory to the Company, then the Company may provide its feedback on the answers provided to the Alternative Medicine Practitioner, Doctor, or Wellness Professional, as the case may be, and thereafter, share a different set of questions to the Alternative Medicine Practitioner, Doctor, or Wellness Professional, as the case may be, to answer.
4. The registration of an Alternative Medicine Practitioner as a Registered Alternative Medicine Practitioner, Doctor as a Registered Doctor, or a Wellness Professional as a Registered Wellness Professional is basis the information, as stipulated under Section 9.1 hereinabove provided by such Alternative Medicine Practitioner, Doctor, or Wellness Professional, and at the sole discretion of the Company. The decision of the Company as regards the registration of a Registered Alternative Medicine Practitioner, Registered Doctor, or Registered Wellness Professional, as the case may be, shall be final and binding.
INFORMATION COLLECTED FROM ALTERNATIVE MEDICINE PRACTITIONERS / REGISTERED DOCTORS / WELLNESS PROFESSIONAL
1. For registration with the Platform, the following information may be collected from a Registered Alternative Medicine Practitioner, Registered Doctor, or Registered Wellness Professional, as the case may be:
  1. Name, Gender, Date of birth, Age, Marital status, Address, Phone number(s), E-mail address, Password, Demographic information, Picture, Educational information, Educational documents, and License information;
  2. Any other personally identifiable information.
  3. Information about the mobile network service provider and geo-positioning of the User, device, and meta-data from a mobile device.
2. Registered Alternative Medicine Practitioner, Registered Doctor, or Registered Wellness Professional, as the case may be, shall solely be responsible for the submission of any information, and where any incorrect, improper, incomplete, or false information is submitted by the Registered Alternative Medicine Practitioner, Registered Doctor, or Registered Wellness Professional, as the case may be, and collected through the Platform, the same shall render the Registered Alternative Medicine Practitioner, Registered Doctor, or Registered Wellness Professional, as the case may be, liable for such submission of incorrect, improper, incomplete or false information.
3. Registered Alternative Medicine Practitioner, Registered Doctor, or Registered Wellness Professional, as the case may be, shall ensure that he/she provides the information through the Platform, and shall also ensure that any other person providing such information on their behalf is duly authorized in this regard.
4. Registered Alternative Medicine Practitioner, Registered Doctor, or Registered Wellness Professional, as the case may be, is solely responsible for ensuring that the information collected through the Platform is up-to-date.
5. Registered Alternative Medicine Practitioner, Registered Doctor, or Registered Wellness Professional, as the case may be, may add, modify, or delete the information, as may be permitted by the Platform, provided by the Registered Doctor.
6. The information provided by the Registered Alternative Medicine Practitioner, Registered Doctor, or Registered Wellness Professional shall be dealt with by the Privacy Policy for the Platform, as updated from time to time by the Company.

PART - B

REGISTERED USER SERVICES
1. The Platform offers the following services to a Registered User:
  1. Consult a Registered Doctor or Registered Alternative Medicine Practitioner, and seek medical opinion through a query, messaging, phone calls, and video-conferencing, on the Platform.
  2. Consult a Registered Wellness Professional and seek wellness opinions through queries, messaging, phone calls, and video-conferencing, on the Platform.
  3. Access to anonymized healthcare queries and responses.
  4. Access to anonymized wellness queries and responses.
  5. Provide health, medical, or wellness information.
  6. Access health, medical, or wellness information, as may be provided by the Registered User.
  7. Access to an academic articles on the Platform as stipulated under Section 6 hereinabove.
  8. Schedule and manage an appointment for a consultation on the Platform with a Registered Doctor, Registered Alternative Medicine Practitioner, or Registered Wellness Professional.
  9. View the Registered Doctors, Registered Alternative Medicine Practitioners, or Registered Wellness Professionals, listed under the Directory Listing Services.
  10. Access and use health tools and calculators offered through the Platform.
  11. Book an appointment with and seek services of a Diagnostic Laboratory.
  12. Access to Specialty Services.
USER REGISTRATION
1. A User may register on the Platform by completing the requisite application form as may be prescribed by the Platform, to become a Registered User.
2. The registration of a Registered User may be revoked at any time and the access to the Platform denied by the Company, at the sole discretion of the Company, with or without cause.
INFORMATION COLLECTED FROM THE REGISTERED USER
1. Under registration with the Platform, the following Information may be collected from the Registered User:
  1. Name, Gender, Date of birth, Age, Marital status, Address, Phone number(s), E-mail address, Password, Demographic information, and Picture.
  2. Any other personally identifiable information.
  3. Information about the mobile network service provider and geo-positioning of the Registered User, device, and meta-data from a mobile device.
2. Registered User shall be solely responsible for the submission of any information, and where any incorrect, improper, incomplete, or false information is submitted by the Registered User and collected through the Platform, the same shall render the Registered User liable for such submission of incorrect, improper, incomplete or false information.
3. Registered User shall ensure that he/she provides the information through the Platform, and shall also ensure that any other person providing such information on their behalf is duly authorized in this regard.
4. Registered User is solely responsible for ensuring that the information collected through the Platform is up-to-date.
5. Registered User may add, modify or delete the information provided by the Registered User under Sections 13.1.1 and 13.1.2 hereinabove.
6. The information provided by the Registered User shall be dealt with by the Privacy Policy for the Platform, as updated from time to time by the Company.
USER SERVICES
1. The Platform offers the following services to a User:
  1. Access to anonymized healthcare and wellness queries and responses.
  2. Access to an academic articles on the Platform as stipulated under Section 5 hereinabove.
  3. Access and use health tools and calculators offered through the Platform.
  4. View the Registered Doctors, Registered Alternative Medicine Practitioners, or Registered Wellness Professionals listed under the Directory Listing Services.
INFORMATION COLLECTED FROM A USER
1. The following information may be collected from a User:
  1. Demographic information
  2. Any other personally identifiable information.
  3. Information about the mobile network service providers and geo-positioning of a User, device, and meta-data from a mobile device.
2. The information collected from a User shall be dealt with by the Privacy Policy for the Platform, as updated from time to time by the Company.
ACCESS TO DIAGNOSTIC SERVICES
1. The Platform may permit a Registered User to schedule an appointment with and seek services of a Diagnostic Laboratory, on payment of consideration as may be stipulated by the Company, and subject to availability of such services.
2. The services offered by a Diagnostic Laboratory may be performed at the premises of such Diagnostic Laboratory or the residence of the Registered User, as the case may be.
3. The services offered by a Diagnostic Laboratory shall be governed by the policies, rules, and regulations of such Diagnostic Laboratory, and the Registered User in availing such services from a Diagnostic Laboratory agrees to be bound by such policies, rules, and regulations.
PHONE, CHAT, AND VIDEO CONFERENCE CONSULTATION
1. Registered User may schedule an appointment, on payment of a Professional Fee as may be prescribed, with a Registered Doctor, Registered Alternative Medicine Practitioner, or Registered Wellness Professional for a consultation through phone, chat, or video conference.
2. The registered User is solely responsible to ensure and maintain the confidentiality of the consultation through phone, chat, or video conference.
3. The Platform or the Registered Doctor, Registered Alternative Medicine Practitioner, or Registered Wellness Professional, as the case may be, may record and retain the consultation made by the Registered User through phone, chat, or video conference, for legal compliance and audit purposes.
4. A Registered Doctor, Registered Alternative Medicine Practitioner, or Registered Wellness Professional may decide on their availability for every type of consultation stipulated under Section 17.1 hereinabove.
5. The Registered User shall ensure that he/she uses a computer system or mobile communication device and internet connection, with appropriate configuration and speed to access the consultation services as stipulated under Section 17.1 hereinabove.
OPINION THROUGH QUERIES
1. Registered Users may seek opinions from Registered Doctors, Registered Alternative Medicine Practitioners, or Registered Wellness Professional by posting a query on the Platform.
2. The first query may be provided at free of cost, and the Registered User shall be charged a Professional Fee, as may be prescribed, from the second query.
3. The Platform may assign the query to a Registered Doctor, Registered Alternative Medicine Practitioner, or Registered Wellness Professional for responding at its sole discretion.
FEE / PROFESSIONAL FEE
1. Registered Users may be charged a Professional Fee, as may be prescribed from time to time, for availing of certain services offered through the Platform.
2. Registered Doctor, Registered Alternative Medicine Practitioner, or Registered Wellness Professional may be entitled to Professional Fee, as may be prescribed from time to time, for rendering Registered Doctor Services, Registered Alternative Medicine Practitioner Services, or Registered Wellness Professional Services, as the case may be, as stipulated under Section 2, Section 3, or Section 4 hereinabove, as the case may be, and publishing Academic Article as stipulated under 6 hereinabove, through the Platform.
3. Professional Fee paid by a Registered User for availing a Registered User Services is non-refundable unless indicated otherwise by the Platform.
4. Third-party payment gateways are used by the Platform for facilitating payment of Professional Fee and such is governed by the terms, conditions, and policies of such payment gateway.
5. Registered Doctors, Registered Alternative Medicine Practitioners, or Registered Wellness Professional, may be charged a Platform Fee, as may be prescribed from time to time, by the Company.
6. Registered User is solely responsible for payment failure caused by the payment methods, including but not limited to PayPal, Credit Cards, Debit Cards, Unified Payment Interface, and Netbanking, as may be used by such Registered User for payment of Professional Fee.
7. A Registered Doctor, Registered Alternative Medicine Practitioner, or Registered Wellness Professional, may be paid a Professional Fee for the services stipulated in Sections 2.1.1, 2.1.5 and 2.1.7, Sections 3.1.1, 3.1.4 and 3.1.6, or Sections 4.1.1, 4.1.4 and 4.1.6 hereinabove in terms of the fees schedule as fixed by Astikan from time-to-time, as may be communicated to the Registered Doctor.
RATINGS AND FEEDBACK
1. The Platform may provide ratings and/or feedback to a Registered Doctor, Registered Alternative Medicine Practitioner, or Registered Wellness Professional, basis the quality of services rendered by such Registered Doctor, Registered Alternative Medicine Practitioner, or Registered Wellness Professional, as the case may be, through the Platform.
REFER A FRIEND
1. A Registered User, Registered Doctor, Registered Alternative Medicine Practitioner, or Wellness Professional may refer a friend to the services of the Platform.
2. A referral under Section 21.1 hereinabove, shall be subject to the guidelines as may be prescribed by the Company from time to time.
3. A referral under Section 21.1 hereinabove, shall be made after obtaining the consent of the such person to whom the Platform is being referred.
REFUND POLICY
1. The Company will not, under any circumstances, issue cash refunds or credits for early contract cancellation or refund payment for any consultation, once charged. If the Registered User, Registered Doctor, Registered Alternative Medicine Practitioner, or Wellness Professional, as the case may be, has a question about charges made to their account, they may contact care@astikan.com. Even if the charges were made in error, the Company still has the sole discretion to credit the account or credit card account for the appropriate or corresponding amount. The Company has a zero-tolerance policy for chargebacks. Any charge-back fees, past-due fees, and costs, will be sent to collections.
2. If the Company's collection efforts fail, unpaid debts will be reported to all available credit reporting agencies. Booking and canceling a consultation within 24 hours at any particular point in time will not allow a refund of the applicable fee.
3. The Company shall issue a full refund after the moderation team does an internal inquiry (after any complaint) to check the quality. However, the decision to refund shall be at the sole discretion of the Company.

PART - C

SPECIALTY SERVICES
1. A Specialty Services Provider may provide any or all of the following Specialty Services through the Platform:
  1. Video-consultation.
  2. Written Second Opinion.
  3. Prescribing medicine.
  4. Prescribing diagnostic tests.
  5. Review of medical records.
2. The services stipulated under Section 23.1 hereinabove are provided by the respective Specialty Services Provider through the Platform and shall not be deemed to be rendered by the Platform or the Company. The Platform merely enables a Specialty Services Provider to generate certain medical advice/services to a Registered User or a Registered User to seek medical advice from a Specialty Services Provider.
3. The Specialty Services shall be subject to such additional terms and conditions as may be stipulated by such Specialty Service Provider.
ACCESS TO SPECIALTY SERVICES
1. A Registered User may avail of Specialty Services on payment of a consideration, as may be prescribed.
2. To avail of the Specialty Services a Registered User may be required to submit the medical records, as may be sought for by the Specialty Services Provider.
INTELLECTUAL PROPERTY
1. All intellectual property rights in, ownership, and title to, the following shall vest with the Company:
  1. the Platform, the present or future modifications/upgrades thereof, and standard enhancements thereto and in text, graphics, marks, words, images, videos, and design.
  2. the contents posted on the Platform by a User, Registered User, or Registered Doctor, Registered Alternative Medicine Practitioner, or Wellness Professional, including the academic article posted by a Registered Doctor, Registered Alternative Medicine Practitioner, or Wellness Professional.
  3. the contents in the Directory Listing Services.
  4. The academic article was published on the Platform.
2. Notwithstanding Section 25.1 hereinabove, all intellectual property rights in, ownership, and title to:
  1. the Information Collected from the Registered Doctor, Registered Alternative Medicine Practitioner, or Wellness Professional under Section 10 hereinabove, shall vest with such Registered Doctor, Registered Alternative Medicine Practitioner, or Wellness Professional, as the case may be.
  2. the Information Collected from the Registered User under Section 13 hereinabove, shall vest with such Registered User.
  3. the Information Collected from a User under Section 15 hereinabove, shall vest with such User.
3. All intellectual property rights in, ownership, and title to, the data-mined and anonymized information derived from the Platform shall vest with the Company.
CONTENT SCRAPING
1. No person (including a User, Doctor, Alternative Medicine Practitioner, or Wellness Professional) shall copy, transfer, download, republish, sell, duplicate, or "scrape", for commercial or any other purpose whatsoever, the contents or information made available on the Platform including Directory Listing Services, academic articles, and queries, in whole or in part, in any medium whatsoever.
LINK TO THIRD-PARTY WEBSITES OR APPLICATIONS
1. The Platform may consist/provide links to third-party websites and applications including but not limited to payment gateways, messaging services, video-conferencing applications, and vendor services. The Platform does not have any control offered by such third-party websites or applications. This Terms of Service shall not govern the usage of such third-party websites or applications by a User or Registered User or Registered Doctor. Usage of such third-party websites or applications by a User or Registered User or Registered Doctor shall be governed by the terms of services and privacy policy of the respective third-party website or application.
COOKIES
1. The Platform uses cookies to enable the Company to retrieve information, the functionality of the Platform and provide a better user experience of the Platform. The company’s affiliate partners may also use cookies for providing their services.
ADVERTISEMENTS
1. The Company may place advertisements for and/or on behalf of any third-party entity on the Platform. The Company is not responsible or liable for the form, content, or authenticity of such advertisements, and the same shall be the sole responsibility of such third party.
FAIR USAGE POLICY
1. A Registered User shall not post an excessive number of free queries on a single health issue and shall post only one query for a similar health issue for free on the Platform.
2. A Registered User, in their unlimited individual plan, shall not post/consult for multiple queries of the same health issue.
3. A Registered User shall not create multiple registration accounts on the Platform.
FORCE MAJEURE
1. No party to this Terms of Service shall be liable to the other for any failure to perform any obligation under any Terms of Service which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, the act of civil or military authority, uprising, earthquake, flood, epidemic, pandemic, or any other natural or manmade eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any party to this Terms of Services affected by such event shall forthwith inform the other party of the same and shall use all reasonable endeavors to comply with the terms and conditions of any Terms of Service contained herein.
PRIVACY POLICY
1. Procedure and practices about the collection, use, sharing, and protection of the information obtained from a User, Registered User, Registered Doctor, Registered Alternative Medicine Practitioner, and Wellness Professional through the Platform shall be governed by the Privacy Policy of the Platform made available at https://www.astikan.in/
2. The Privacy Policy shall be deemed to be an integral part of this Terms of Service.
3. By causing the accessing, viewing, downloading, installing, and/or using of the Platform, User, Registered User, Registered Doctor, Registered Alternative Medicine Practitioner, or Wellness Professional is deemed to have read, understood, and voluntarily agreed to the Privacy Policy.
CHANGE TO TERMS OF SERVICE
1. These Terms of Service may be revised or updated from time to time, and the User, Registered User, Registered Doctor, Registered Alternative Medicine Practitioner, or Wellness Professional shall check the Terms of Service frequently. In the event of any significant change to this Terms of Service, the User, Registered User, and Registered Doctor shall be intimated through a message in the Platform and/or e-mail to the address provided, about such change, and consent of the User, Registered User, and Registered Doctor may be obtained the revised version of this Terms of Service if required under the law. Continued use of the Platform and/or service(s), after the intimation of the change to this Terms of Service, shall constitute express consent to such change.
CONTENTS
1. A User, Registered User or Registered Doctor shall not host, display, upload, modify, publish, transmit, update, or in any manner share any information that -
  1. belongs to another person and to which the user does not have any right;
  2. is defamatory, obscene, pornographic, invasive of another’s privacy, including bodily privacy, insulting or harassing based on gender, libelous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;
  3. is harmful to children;
  4. infringes any patent, trademark, copyright, or other proprietary rights;
  5. violates any law for the time being in force;
  6. deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading but may reasonably be perceived as a fact;
  7. impersonates another person;
  8. threatens the unity, integrity, defense, security, or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting other nation;
  9. contains a software virus or any other computer code, file, or program designed to interrupt, destroy or limit the functionality of any computer resource;
  10. is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity, or agency for financial gain or to cause any injury to any person;
2. Information may be removed by the Platform for violation of Applicable Laws or contravention of Section 34.1 hereinabove, on receipt of actual knowledge as stipulated under the Applicable Laws;
3. Contents, after deletion or removal, shall be retained for such period as may be required under Applicable Law.
DISCLAIMER
1. For a User has not completed 18 years of age, the legal/natural guardian of the said User, as may be authorized and recognized under the Applicable Law, shall be deemed to be a User, and shall be solely responsible for maintaining the Registered User Information on behalf of the such user under the age of 18 years.
2. The Registered User Services and User Services offered through the Platform, as far as permissible under the Applicable Law, are only for informational purposes as a second medical opinion, and shall not be deemed to be or substituted for sound medical advice or medical diagnosis, or primary medical opinion.
3. Any advice or opinion provided through the Platform should be used merely as a guide rather than a definitive recommendation to adopt any specific action or treatment. Nothing transmitted through the Platform constitutes the establishment of a doctor-patient relationship between a User and any Registered Doctor, Registered Alternative Medicine Practitioner, or Wellness Professional.
4. A User acknowledges that the Registered User Services and User Services are not and shall not be a substitute for the emergency or critical medical situations of any User.
5. A User shall consult his/her primary physician to confirm the information received through Registered User Services and User Services, on the Platform, before acting on or implementing such information.
6. A User undertakes to access or use the Platform and services only if such access or use is permissible under the Applicable Law in the country or jurisdiction where such User resides, and if such access or use is prohibited under Applicable Law in the country or jurisdiction where such User resides or causes the access or use of the Platform or services, then the User shall not access or use, or shall cease to access or use, as the case may be, the Platform or services.
7. A User acknowledges that the Company shall not be held liable for a User’s access or use of the Platform or Services if such use or access is prohibited under the Applicable Law in the country or jurisdiction where such User resides or causes the access or use of the Platform or services.
8. A Registered Doctor undertakes to access or use the Platform and Registered Doctor Services only if such access or use is permissible under the Applicable Law in the country or jurisdiction where such Registered Doctor resides or causes the access or use of the Platform or Registered Doctor Services, and if such access or use is prohibited under Applicable Law in the country or jurisdiction where such Registered Doctor resides or causes the access or use of the Platform or Registered Doctor Services, then the Registered Doctor shall not access or use, or shall cease to access or use, as the case may be, the Platform or the Registered Doctor Services.
9. A Registered Doctor acknowledges that the Company shall not be held liable for a Registered Doctor’s access or use of the Platform or Registered Doctor Services if such use or access is prohibited under the Applicable Law in the country or jurisdiction where such Registered Doctor resides or causes the access or use of the Platform or Registered Doctor Services.
10. A Registered Alternative Medicine Practitioner acknowledges that the Company shall not be held liable for a Registered Alternative Medicine Practitioner’s access or use of the Platform or Registered Alternative Medicine Practitioner Services if such use or access is prohibited under the Applicable Law in the country or jurisdiction where such Registered Alternative Medicine Practitioner resides or causes the access or use of the Platform or Registered Alternative Medicine Practitioner Services.
11. A Registered Alternative Medicine Practitioner undertakes to access or use the Platform and Registered Alternative Medicine Practitioner Services only if such access or use is permissible under the Applicable Law in the country or jurisdiction where such Registered Alternative Medicine Practitioner resides or causes the access or use of the Platform or Registered Alternative Medicine Practitioner Services, and if such access or use is prohibited under Applicable Law in the country or jurisdiction where such Registered Alternative Medicine Practitioner resides or causes the access or use of the Platform or Registered Alternative Medicine Practitioner Services, then the Registered Alternative Medicine Practitioner shall not access or use, or shall cease to access or use, as the case may be, the Platform or the Registered Alternative Medicine Practitioner Services.
12. A Registered Wellness Professional acknowledges that the Company shall not be held liable for a Registered Wellness Professional’s access or use of the Platform or Wellness Professional Services if such use or access is prohibited under the Applicable Law in the country or jurisdiction where such Registered Wellness Professional resides or causes the access or use of the Platform or Wellness Professional.
13. A Registered Wellness Professional undertakes to access or use the Platform and Registered Wellness Professional Services only if such access or use is permissible under the Applicable Law in the country or jurisdiction where such Wellness Professional resides or causes the access or use of the Platform or Wellness Professional Services, and if such access or use is prohibited under Applicable Law in the country or jurisdiction where such Wellness Professional resides or causes the access or use of the Platform or Wellness Professional Services, then the Wellness Professional shall not access or use, or shall cease to access or use, as the case may be, the Platform or the Wellness Professional Services.
14. Any opinion provided by a Registered Doctor, Registered Alternative Medicine Practitioner, or Registered Wellness Professional, as the case may be, to a User including consultation, prescription, and diagnostic tests offered through the Platform shall not be deemed to be an opinion, including medical opinion, rendered by the Company. The Company merely facilitates a Registered Doctor, Registered Alternative Medicine Practitioner, or Wellness Professional to render certain services to a User or a User to seek certain services from a Registered Doctor, Registered Alternative Medicine Practitioner, or Registered Wellness Professional.
15. A Registered Doctor, Registered Alternative Medicine Practitioner, or Registered Wellness Professional shall avoid direct communication, outside the Platform, with a Registered User, acquainted through the Platform, to the extent permissible by the Applicable Law.
16. The health tools made available to a User shall not be deemed as medical advice or an expert opinion provided by the Platform/Company and such health tools are merely informational tools. The User undertakes to independently verify and validate the credentials of a Registered Doctor, Registered Alternative Medicine Practitioner, or Registered Wellness Professional registered on the Platform, whose Services are sought to be taken by the User via the Platform.
17. The Platform or the Company does not guarantee on the accuracy of the information provided by the health tools, as may be available on the Platform, to a User.
18. You acknowledge that the Platform only offers reservation or access to diagnostic services offered by certain Diagnostic Laboratory, and the diagnostic services are performed by such Diagnostic Laboratory and not by the Platform. You acknowledge that the Platform is not responsible or liable for any services rendered by a Diagnostic Laboratory and it is the sole responsibility of such Diagnostic Laboratory.
19. The contents on the Platform are provided to a User as a quick reference to information about Registered Doctors, Registered Alternative Medicine Practitioners, Registered Wellness Professionals, hospitals, and other healthcare services providers, and such listing on the portal is not intended as a tool for verifying the credentials, qualifications, or abilities of the Registered Doctors, Registered Alternative Medicine Practitioner, Registered Wellness Professional, hospitals and other healthcare services providers.
20. The information of a Registered Doctor, Registered Alternative Medicine Practitioner or Registered Wellness Professional published in the Directory Listing Services is provided on an "AS-IS" basis as provided by such Registered Doctor, Registered Alternative Medicine Practitioner, and Wellness Professional, as the case may be. The Registered Doctor, Registered Alternative Medicine Practitioner, or Registered Wellness Professional, as the case may be, is solely responsible for the completeness, accuracy, and correctness of such information, and the Platform or the Company is not responsible for the completeness, accuracy, and correctness of such information.
21. The inclusion of a Registered Doctor, Registered Alternative Medicine Practitioner, or Registered Wellness Professional in the Directory Listing Services does not imply recommendation or endorsement of such Registered Doctor, Registered Alternative Medicine Practitioner, or Registered Wellness Professional by the Platform or the Company nor does omission to include a Registered Doctor, Registered Alternative Medicine Practitioner, or Registered Wellness Professional in the Directory Listing Services imply disapproval by the Platform or the Company.
22. The registration of a Doctor on the Platform for the Registered Doctor Services, an Alternative Medicine Practitioner on the Platform for the Registered Alternative Medicine Practitioner Services, or a Registered Wellness Professional on the Platform Wellness Professional Services shall not be deemed to create an employer-employee, principle – agent, or any such similar relationship between the Registered Doctor, Registered Alternative Medicine Practitioner, or Wellness Professional, as the case may be, and the Company. A Registered Doctor, Registered Alternative Medicine Practitioner, or Wellness Professional, shall be a user of the Platform and its services.
23. A Registered Doctor Registered Alternative Medicine Practitioner or Registered Wellness Professional or User or Registered User agrees that such Registered Doctor or Registered Alternative Medicine Practitioner or Registered Wellness Professional or User or Registered User shall use the Platform on their own free will and shall not be guided in any manner including by way of any promotional emails, phone calls and advertisements from the Company, its affiliates, and partners. The use of the Platform or its services is therefore entirely at their own risk. When using the Platform, information will be transmitted over a medium that, in many cases, is beyond the control and jurisdiction of the Company. Accordingly, the Company assumes no responsibility or liability whatsoever for or relating to the delay or failure of delivery of data, interruption, or corruption of any data or other information transmitted in connection with the use of the Platform. The Platform and the content are provided on an "AS IS" basis. The Company, its licensors, and its suppliers, to the fullest extent permitted by law, disclaim all warranties, either express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties rights, and fitness for a particular purpose. Specifically, the Company, its licensors, and its suppliers make no representations, warranties, or guarantees about the following: (i) The accuracy, reliability, completeness, correctness, authenticity, or timeliness of the information, software, text, graphics, links, or communications provided to me through the use of the Platform; (ii) the compliance by the Company, with Applicable Laws, rules, regulations and notifications in force in any country, or the laws of any jurisdiction about the ability to use the Platform or requiring disclosure of information contained on the Platform.
24. You acknowledge that access to the platform 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.
25. The Registered Doctor Services, Registered Alternative Medicine Practitioner Services, Registered Wellness Professional Services, Registered User Services, User Services, the Platform, access to the Platform, its services, and the information is provided on "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 acts or omissions taken or made in reliance on the platform or the information, 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 liability for erroneous transmissions and loss of service resulting from communication failures by telecommunication service providers or the system.
26. You acknowledge that other users have access to the Platform and are receiving services. Such other users have committed to comply with these terms & conditions and policies and procedures concerning the use of the platform; 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, availabil