BETSER LIFE TERMS AND CONDITIONS
- Terms & Conditions of Use
PLEASE READ THESE USER TERMS AND CONDITIONS CAREFULLY BEFORE USING OUR SERVICE. YOUR USE OF THE SITE SHALL BE CONSIDERED AS ACCEPTANCE OF THESE USER TERMS AND CONDITIONS FOR USAGE.
- About Betser Life
Betser Life is a technology platform that attempts to connect providers of online health and professional services (hereafter referred to as “Consultancy Service Provider”) and users (hereafter referred to as “you” or “user”).
betserlife.com, the web site and its associated websites and mobile/web applications and IT applications thereof, are owned by Betser Life Pvt Ltd. (CIN – U72900KL2021PTC067108 and registration number 67108), a company registered in Trivandrum, Kerala and having the registered office at TC 82/6109, KRA (D5 (1)), Petrotech Tower, Kuthiravattom Lane, Thiruvananthapuram, Kerala, India and are sold and/or licensed by Betser Life Pvt Ltd, affiliates and/or resellers, hereafter referred to as “Betser Life”. Betser Life Pvt Ltd, (CIN: U72900KL2021PTC067108) is a company duly registered under applicable Indian law and having its registered office at TC 82/6109, KRA (D5(1)), Petrotech Tower, Kuthiravattom Lane, Thiruvananthapuram, Kerala, India.
- Nature of Services Betser Life provides
Betser Life is an online platform providing access to various forms of consultancy services offered by third party service providers which are listed through our website and apps. The request to access the information on the Third-Party Service providers may be made using our web portal or other applications that may be downloaded and installed on Computers, mobile devices, or tablets.
The services which we intend to provide include a platform to find a doctor/consultant/expert who has listed his/her services and facility to request or schedule an appointment for Online consultation via, Video, audio or text mode of communication. Using our website and apps you can take appointments for self and dependent/family with any of the listed consultants however you agree and understand that the Consultant may choose to cancel the appointment or re-schedule it.
You explicitly acknowledge that the use of Platform is to facilitate consultation between User and Consultant. You agree that the online consultation and usage of the system is not for emergency and not for life-threatening conditions. It is explicitly declared that the platform does not take away the need for physical consultation when it is required or advised by the doctor or consultants. In cases of emergency, please contact public emergency services immediately by telephone. We will not be responsible for any loss, damage, cost, expense, action, claim, demand, proceeding, injury, or liability suffered by any person because of a failure by that person or any other person to contact public emergency services.
You hereby agree that you will disclose required and necessary details to the consultant, which will help him/her to provide advice/guidance. The use of Betser Life and our website and apps are not a substitute for face-to-face consultation, and you may use the information provided at your own risk. Betser Life shall not be responsible for any undesirable consequences of comments or opinion, or posts made by any Consultancy Service Provider.
By using the services of Betser Life, you unconditionally agree to receive automated SMS/WhatsApp text notifications/emails relevant to services from Betser Life to the mobile number/email you provided during registration or request for appointment.
Betser Life is merely a Technology Solution provider, and this contract is for the use of technology and tools provided by Betser Life, which may be revoked by Betser Life without prior notice via email or SMS or any such communication.
- Service Providers
The Website and App is a platform through which people may obtain consultancy advice/guidance from qualified Consultants (‘Service Providers’). We are and operate the Website and App wholly as an introductory service and we take no part in the provision of care process or any other consultancy services. The Service Providers who offer their services on the Website and App are independent contractors or establishments and the advice they provide is independent of Betser Life.
All persons who obtain services from the Service Providers through the Website and App are solely responsible for determining the suitability of the relevant Service Providers for their needs. We DO NOT guarantee or warrant that the Website or App, or any services provided by any Service Provider through the Website or App, is suitable or appropriate for any person/care seeker.
If you are a Service Provider, you acknowledge and agree that additional and/or modified terms and conditions will apply to your access and use of the Website. Such terms and conditions are available from the Website or App and are also emailed to your registered email id after creating an account and logging in.
- User Account
You represent that if you are an individual, you are of legal age to enter a binding contract, or that if you are registering on behalf of a legal entity, that you are authorized to enter, and bind the entity to, these User Terms and Conditions to register for the Service and the Application.
By using the services provided on our web portal or site, you enter a contract with Betser Life. To be able to use the Service, you first need to sign up to create an account on the website or app or request a service. When signing up/requesting a service, you are obligated to provide your personal information, email id, mobile telephone number or other details as required by the website. Upon successful completion of your signing up the service will be accessible using your personal user id and password that you have chosen. Your User ID and password are unique to you, and you agree not to disclose or share your User ID and password to or with any third party. You are responsible for keeping your password confidential and for notifying us if your password has been hacked or stolen.
When creating your account and to use all the website and apps features, you must create a user account and complete all mandatory fields in the ‘My Profile’ section of the Website or App. The accuracy, integrity, and completeness of the personal information you enter or allow anyone on behalf of yourself or your Consultant/Healthcare Service Provider to enter our system is your responsibility, and Betser Life assumes no liability for it.
Betser Life is also not liable for any use or misuse of information transmitted or received by a third party you have authorized to access or use your account and data on Betser Life. We reserve the right to disclose your identity or other information you provide when establishing a user account if required by law to do so. We may alter any part of your user account if we receive a legitimate complaint, or otherwise form the view (in our sole discretion) that the content of your user account is inappropriate or offensive.
Betser Life shall not be responsible for any undesirable consequences of information, comments or posts made by you or any Consultant/Healthcare Service Provider or individual operating on behalf of the same. We reserve the right to terminate your access to the Website and App at any time in our sole discretion, without notice.
While Betser Life will take all reasonable efforts for protecting the user information it might have to disclose the contact details of the user if required by any bank, payment gateway provider or any statutory authorities. The Consultant Service Providers shall educate the users about circumstances under which the information might be disclosed. Data in your personal health records will be accessible only to your authorized Consultants/Healthcare Service Providers that you are a registered patient of or consulted with, for the purpose of providing you with healthcare services that you choose. Non-personalized system analysis of non-identifiable patient data may be done as part of application service development to enable better healthcare outcomes. However, the identity of individual patient/users will remain anonymous.
- Your Responsibilities
- You will only use the account for your sole, personal use and will not resell it to a third party.
- You will not authorize others to use your account.
- You will not assign or otherwise transfer your account to any other person or legal entity.
- You will not use an account that is subject to any rights of a person other than you, without appropriate authorization.
- You will not use the Service for unlawful purposes, including but not limited to sending or storing any unlawful material or for fraudulent purposes.
- You will not use the Service or Application to cause nuisance, annoyance, or inconvenience.
- You will not impair the proper operation of the network and not try to harm the Service or Application in any way whatsoever.
- You will keep secure and confidential your account password or any identification we provide you which allows access to the Service.
- You will provide us with whatever proof of identity we may reasonably request.
- You will not disable, tamper with, or otherwise attempt to circumvent any billing mechanism that meters the use of the Website and App by you or any other person under your guidance or influence.
- You will not use the site and App in any way that could damage our reputation or goodwill, or other rights associated with the Betser Life brand.
- You will not attempt to secure unauthorized access to any materials other than those to which you have been given explicit authorization.
- You will comply with all applicable law from your home nation, the country, state and/or city in which you are present while using the Service.
- You will not transmit, or input into the Website and Apps any information, data, files or other material that may damage any other person’s computing devices or software, may be offensive, or which is in violation of any law (including material protected by copyright or trade secrets which you do not have the right to use);
- You will not attempt to modify, copy, adapt, reproduce, disassemble, decompile, or reverse engineer any computer programs or applications used to deliver or operate the service.
- You will not use any automated processes/bots/internet links or any means to access the Website and App that may cause stress to the regular working of the website and app
- You will not send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violate of third-party privacy rights.
- You will share only information which is required for consultant to give you the advice or opinion. You shall not share your personal information to the consultant which are not relevant to the consultation.
- Fees and Payment
You agree to pay the mentioned fees for all consultations booked with a Provider through the Website and App. These fees listed may include, the specified consultation fees, booking fees or facilitation fees or other charges.
You acknowledge and agree that our liability to you or any other person making this payment for the consultation is not increased by the fact that we collect a service fee as part of any consultation.
All fees are required to be paid in the currency listed or unless specified. In situations where you need to make payments in currencies that are not supported by our platform you are solely responsible and liable for paying any foreign exchange or currency by your financial institution; and all fees listed or new fees may be added or removed without prior notice.
We do not store any credit or debit card information. Payments are processed via a third-party payment provider that is fully compliant with Level 1 Payment Card Industry (PCI) data security standards. Any payment transactions are encrypted using SSL technology.
All fees paid are inclusive of all taxes unless explicitly stated by us.
- Refunds and Cancellation Charges
The following terms and conditions on Cancellation of the appointment booked by the user:
- 100% refund to the user if the Doctor/Consultant cancels the appointment.
- 100% refund to the user if they cancel 72 hours or more prior to the appointment.
- 50% refund to the user if they cancel during 24-72 hours prior to the appointment.
- The user is not entitled to a refund of fees if he/she is not happy or satisfied with consultant/provider services. Service charges may be deducted for any refund or cancellation.
- On Cancellation of the appointment by the consultant/provider, the Service Providers has the option to suggest an alternative time and date for the consultation. If the suggested time and date is convenient by the user they can proceed with the consultation, otherwise the full payment is refunded back to the person who has booked the appointment.
- It may take between 10 to 15 days to process a refund request. Even where Betser Life processes the refund, the user’s credit card company and Banks take longer to finish the processing of the refund and remit funds to the user’s account.
- If the user has not received a refund after 15 days, the user will need to check with their credit card company/bank.
- If the user has done the above and still have not received refund, or for any other matters regarding refunds and cancellation, please contact at firstname.lastname@example.org with all the details of the appointment that has been cancelled by the user and copies of your communication with the bank or credit card Company in this regard.
We do not warrant that access to, or use of the Site will be uninterrupted or error-free or that defects in the Site will be corrected. This Site, including any content or information contained within it or any Service, is provided “as is,” with all faults, with no representations or warranties of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, quality of information, quiet enjoyment, and title/non-infringement. We do not warrant the accuracy, completeness or timeliness of the information obtained through the Site.
We make every effort to ensure consultations maintain a viable internet connection, but we are not responsible for the internet or data bandwidth and signal of your device, nor transmission errors.
You assume total responsibility and risk for your use of this Site, the Service, and linked websites. We do not warrant those files available for download will be free of viruses, worms, trojan horses or other destructive programming. You are responsible for implementing procedures sufficient to satisfy your needs for data backup and security.
You agree that certain parts of the Website may be made available on an “alpha” or “beta” basis for testing purposes prior to full release and may be withdrawn or removed at any time by us without notice to you. We may not identify which parts of the Website are released on such an “alpha” or “beta” basis. We are not responsible for any loss to property or persons incurred because of the use by any person of any parts of the Website which are released on an “alpha” or “beta” basis.
Where there is unauthorized access or a breach of security, we will take appropriate steps to rectify the unauthorized use or breach of security, including by, without limitation, cancelling and resetting the relevant login IDs and passwords. You must take all other actions that we reasonably deem necessary or desirable to maintain or enhance the security of our computing systems and networks and your access to the Website.
We will use all reasonable endeavors to ensure that we provide a secure environment for any data stored or hosted on our systems. You acknowledge however that no information which is available on the Internet is completely secure and you agree that we will not be liable for any loss suffered by you or any third party should our security measures (or those of any of our service providers) be overcome or breached.
We maintain appropriate technical and operational measures, internal controls, and data security routines intended to protect your data against accidental loss or change, unauthorized disclosure or access, or unlawful destruction. We are not responsible for the security of any data stored on any personal computer, laptop or mobile device owned or controlled by you.
We or our associates own all rights, title and copyrights on the Website and Mobile applications.
Certain names, logos, and other materials displayed on the Site or in the Services may be trademarks or trade names of Betser Life or other entities. You are not permitted to use any such trademarks or trade names without our written authorization. Ownership of all such trademarks and trade names remains with us or those other entities.
- Continued Development
You consent to us soliciting feedback, information, requests, data, ideas, enhancement requests, recommendations, description of processes, or other information concerning the website and mobile application from you. We will own all IP Rights in any Feedback and may use such Feedback for purposes related to the Site or the carrying out of services by us generally in our business activities without further approval or acknowledgement, and you hereby assign to us all IP Rights in any such Feedback.
- You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
- You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists.
- You must not establish a link to our Site in any website that is not owned by you.
- Our Site must not be framed on any other site, nor may you create a link to any part of our Site other than the home page.
- We reserve the right to withdraw linking permission without notice.
- The website in which you are linking must comply in all respects with our content standards.
- If you wish to link to or make any use of content on our Site other than that set out above, please contact email@example.com
- Off-Site Conduct
- Disclaimer and Limitation of Liability
To the fullest extent permitted by law, we exclude all conditions and warranties (express and implied) of any kind in relation to the Website and Mobile application. Under no circumstances (including without limitation, any act or omission on our part) will we be liable for any indirect, incidental, special and/or consequential damages or loss whatsoever which results from any use of or access to, or any inability to use or access, the Website. Certain laws may not allow the exclusion of some conditions and warranties, in which case some of the above exclusions may not apply to you.
You agree that Betser Life and its affiliates shall not be liable to you or anyone else for any loss or injury caused in whole or in part by relying upon, using, or interpreting the content or any other information obtained through the use of the Website. In no event will Betser Life or its affiliates be liable to you or anyone else for any incidental, consequential, indirect, special, or exemplary damages or lost profits arising out of the use or inability to use the Content, the Website, or any other information obtained through the Website, even if Betser Life, its affiliates, its licensors, agents, or representatives know or have been advised of the possibility of such damages.
You agree that if we are liable for any damages or loss regardless of the cause of action, whether in contract, tort, or breach of statute or any other legal or equitable obligations the amount is limited to the Consultation Fee.
The Site is delivered on an “as is” and “as available” basis. In this context, we do not warrant that the Site will be error-free or uninterrupted.
- description of it; and
- a hyperlink to the specific page (if applicable).
If you receive or encounter any information which a reasonable person would consider to be confidential in nature, you agree to contact us immediately at firstname.lastname@example.org
- Applicable Law
These Terms and Use will be governed by and construed in accordance with the laws of India. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Thiruvananthapuram, Kerala, India.
Disputes arising out of this agreement shall as far as possible be settled by the parties directly. In case of disagreement the same shall be referred for arbitration. The arbitration shall be conducted at Trivandrum as per the provision of Arbitration & Conciliation Act 1996 (as amended).
Additional Terms for Doctors, Consultants & Service Providers (Last Updated on 6th March 2023)
Fees & Charges for Using the Platform shall be based on written agreements with Doctors, Consultants, Hospitals, Firms, and other Service Providers. If no written agreement is existing, the below terms are applicable.
- There shall be a charge of Rs.2000/- per month platform fees (excluding taxes) applicable per Doctor/Consultant/Firms starting from 1st Jan 2024 or whenever they start generating revenue whichever is earlier.
- The monthly payout for Doctors or Consultants or Firms shall be before 25th of every month for all consultations concluded during the previous month. The platform fees mentioned in 1 above shall be deducted from the monthly payout or billed separately to the Doctors/Consultants/Firms. Consultation summaries along with invoices as applicable shall be sent to platform users on a regular basis to update regarding upcoming payments and for records. Any issues regarding payments shall be communicated to email@example.com and BETSER shall resolve the same within 15 business days.
- There shall be free of charge or discounted consultancies/services provided for promotional purposes and Doctors/Consultants/Firms hereby agree to participate as long as it will not exceed two times per month.
- Please note that the Doctors or Consultants or firms shall generate invoice to the clients (details shall be provided by BETSER) and shall comply with all the necessary GST or other taxes as applicable. BETSER shall collect and pay GST only and as applicable to BETSER service charges levied to the client and separate invoice shall be provided to the clients accordingly.
- Any Doctor/Consultant providing Consultancy Service through Betserlife.com website/apps may leave the platform without mentioning any reason, after informing by registered email to firstname.lastname@example.org. Please note that before leaving the platform, keep the records of consultations completed to comply with any legal requirements. BETSER will not be responsible to keep records of/for any users who are not actively using the BETSER website/apps or platform.
- Either Party (Doctor/Consultant or BETSER LIFE PVT LTD) may terminate this Agreement upon providing fifteen (15) business days’ notice in writing. However, if either party is in material breach of this Agreement and such breach is not cured within thirty (30) business days of being notified in writing of the breach, then the non-breaching party may immediately terminate this Agreement.