By accessing or using the website of Online Chikitsa Mitra (“OCM”, “we”, “our”, or “the Website”), you agree to be bound by these Terms of Use (“Terms”). If you do not agree to these Terms, please discontinue use of the Website.
Online Chikitsa Mitra (“OCM”) is a digital healthcare platform, e-clinic network, and brand owned and operated by Salubrious Technologies Pvt. Ltd. (“Salubrious”), which is the principal legal entity responsible for the ownership, management, operation, and management of OCM and its associated digital services.
These Terms govern your use of the OCM Website only. Use of the OCM mobile application, telemedicine services, online medical consultations, e-clinic services, or any other healthcare services provided through OCM shall be governed by separate platform-specific terms, user agreements, informed consent documents, and applicable laws and regulations.
1. Use of the Website
1.1 Permitted Use
You may use the Website for lawful purposes, including learning about OCM and Salubrious, making enquiries, obtaining information about healthcare services, locating OCM e-clinics, or requesting access to our services.
1.2 Eligibility
By using the Website, you represent and warrant that you are legally capable of entering into a binding agreement under applicable law and that your use of the Website complies with all applicable laws and regulations.
1.3 Prohibited Conduct
You agree not to:
- Use the Website in violation of any applicable law or regulation.
- Attempt to gain unauthorized access to the Website, servers, databases, or related systems.
- Introduce viruses, malware, or other harmful code.
- Use automated means, including scraping, crawling, or data mining, without prior written permission from OCM.
- Send unsolicited commercial communications through the Website.
- Impersonate OCM, Salubrious, its employees, healthcare professionals, or any other person.
- Interfere with or disrupt the functionality, security, or availability of the Website.
2. Website Availability and Changes
OCM reserves the right to modify, suspend, discontinue, or restrict access to any part of the Website at any time, with or without prior notice. OCM shall not be liable for any interruption, unavailability, or modification of the Website.
3. Privacy and Data Protection
Your use of the Website is governed by our Privacy Policy and Cookie Policy, which explain how we collect, use, store, process, and protect your personal information.
4. Healthcare Services and Platform Relationship
The Website provides information about OCM, its digital healthcare services, telemedicine platform, and e-clinic network. Mere access to or use of the Website does not create a doctor-patient relationship or guarantee access to healthcare services.
A doctor-patient relationship, healthcare consultation relationship, or any service relationship shall arise only when a user registers on the OCM platform or mobile application, completes any required identity verification, onboarding procedures, consent requirements, and successfully accesses healthcare services in accordance with the applicable service terms and relevant laws.
5. No Medical Advice (Website Content)
The information, articles, educational materials, and other content available on the Website are provided solely for general informational purposes and do not constitute medical advice, diagnosis, treatment, or healthcare recommendations.
Medical advice, diagnosis, and treatment shall only be provided by qualified and registered healthcare professionals through authorised consultations conducted via the OCM platform or its approved healthcare channels.
6. Intellectual Property Rights
6.1 OCM Content
All content on the Website, including text, graphics, logos, icons, images, software, designs, trademarks, brand elements, and other materials, including the OCM brand identity and any Salubrious marks, are owned by or licensed to Salubrious Technologies Pvt. Ltd. and are protected under the Copyright Act, 1957 and other applicable intellectual property laws of India.
No content on the Website grants you any right or license to use any intellectual property of OCM or Salubrious without prior written consent.
6.2 User Submissions
If you submit enquiries, feedback, or any other information through the Website, you grant Salubrious a non-exclusive, royalty-free license to use such content for the purpose of responding to your enquiry, improving the Website, and improving its services. You retain ownership of the information you provide.
7. Third-Party Links and Services
The Website may contain links to third-party websites, applications, or services. Such links are provided for convenience only. OCM and Salubrious do not endorse, control, or assume responsibility for the content, security, availability, or practices of any third-party services. Your use of such third-party resources is at your own risk.
8. Disclaimer of Warranties
The Website is provided on an “as is” and “as available” basis without any warranties, whether express, implied, or statutory.
OCM and Salubrious do not warrant that:
- The Website will be uninterrupted, secure, or error-free.
- The Website will be free from viruses or other harmful components.
- The information available on the Website will be accurate, complete, or current.
- The Website will meet your specific requirements.
To the maximum extent permitted by applicable law, all implied warranties, including warranties of merchantability, fitness for a particular purpose, and non-infringement, are disclaimed.
9. Limitation of Liability
To the fullest extent permitted by applicable law, Salubrious Technologies Pvt. Ltd., OCM, its directors, officers, employees, healthcare partners, affiliates, and representatives shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Website.
Where liability cannot be excluded under applicable law, the aggregate liability arising from your use of the Website shall not exceed INR 1,000 (Indian Rupees One Thousand).
10. Indemnification
You agree to indemnify, defend, and hold harmless Salubrious Technologies Pvt. Ltd., OCM, its directors, officers, employees, affiliates, healthcare partners, and representatives against any claims, losses, damages, liabilities, costs, and expenses, including reasonable legal fees, arising out of your violation of these Terms or misuse of the Website.
11. Force Majeure
Neither OCM nor Salubrious shall be responsible for any delay or failure in performance due to circumstances beyond reasonable control, including natural disasters, government actions, war, terrorism, labour disputes, internet outages, cyber incidents, or failures of third-party service providers.
12. Electronic Communications
By contacting OCM through the Website, email, or other electronic means, you consent to receive communications electronically and agree that such communications satisfy any legal requirement that such communications be in writing.
13. Governing Law and Dispute Resolution
These Terms shall be governed by the laws of India.
Any dispute arising out of or relating to these Terms shall first be attempted to be resolved through good faith discussions. If unresolved within thirty (30) days, the dispute shall be referred to arbitration under the Arbitration and Conciliation Act, 1996.
The arbitration shall:
- Be conducted by a sole arbitrator appointed by mutual agreement between the parties.
- Be conducted in the English language.
- Have its seat and venue in Lucknow, Uttar Pradesh, India.
The courts of New Delhi, India shall have exclusive jurisdiction over matters where court intervention is permitted under applicable law.
14. Severability
If any provision of these Terms is held to be invalid, unlawful, or unenforceable, the remaining provisions shall continue to remain valid and enforceable.
15. Entire Agreement
These Terms, together with the Privacy Policy and Cookie Policy, constitute the complete agreement between you and OCM/Salubrious regarding your use of the Website and supersede all previous understandings or agreements relating to the Website.
16. Contact Information
For any questions, concerns, or legal notices relating to these Terms, please contact:
Legal Department Salubrious Technologies Pvt. Ltd. New Delhi, India Email: ocmgrievance@salubrioustech.com
