Terms & conditions between doctors/ healthcare professionals and Apollo Healthco Limited for using Clinical Intelligence Engine on the Platform

The following terms and conditions (“Terms and Conditions”) form part of the agreement (“Agreement”) between you- the doctors/ healthcare professionals (“you”, “your”, “User”) and Apollo Healthco Limited, a company duly incorporated under the provisions of the Companies Act, 2013, having its registered office at 19, Bishop Gardens, R A Puram, Chennai, Tamil Nadu- 600028, India (“AHL”, “we”, “us”, “Our”) which is the operator of the Clinical Intelligence Engine (“CIE”) accessed through AHL’s website at www.ciengine.com along with API solutions integrated into this website (collectively, “Platform”). In addition to the Terms and Conditions, the privacy policy available at (“Privacy Policy”) also forms part of this Agreement.

    About the CIE
  1. The CIE is a technology tool that aims to assist the User in primary care of patients in the User’s out-patient practice. It acts as the User’s assistant and helps in providing relevant clinical information, including clinical suggestions to the User.

  2. User’s Representations and Warranties
  3. You represent and warrant to us that
    • the information provided by you (i.e. your registration no. and other details, collectively “Registration Information”) is true, correct and accurate.
    • you are competent to contract in accordance with applicable laws and are a registered/ licensed medical practitioner qualified to practice medicine in the area of expertise (as claimed/ represented by you) under the National Medical Commission Act, 2019 or any other applicable laws/ rules/ regulations/ guidelines epcc. issued by the concerned authorities.
    • in case your patient is a child below eighteen [18] years of age, you have taken the consent of the child’s parent/ guardian before using the child’s data for inputting into the CIE.
    • you are in compliance with all applicable laws governing the provision of medical advice and are not part of any arrangement which prohibits you from practicing medicine within the territory of India.
    • you have not entered into any agreement with any third party which restricts your ability from entering into this Agreement.

  4. Conditions of use
  5. On the Platform, when you click on the ‘Try CIE Now’ or ‘Experience CIE’ button, you will be required to provide certain details including your registration number which you have obtained as a registered medical practitioner in India and accept the Terms and Conditions as well as the Privacy Policy as part of the registration process.
  6. You are liable and responsible to provide and share authentic, correct, valid and proper information, certifications and documents while registering on the Platform.
  7. You shall inform AHL of any update in information provided by you at the time of registration, within thirty [30] days of such an update.
  8. You shall ensure adherence to all applicable laws governing the provision of medical advice and shall not be part of any arrangement which prohibits you from practicing medicine within the territory of India.
  9. You shall ensure that you do not enter into any agreement with any third party which restricts your ability from performing your obligations under this Agreement.
  10. You shall exercise the standard of skill, care and diligence reasonably expected of a proper, professionally qualified doctor in using the CIE on the Platform and providing advice to your patients.
  11. You may use the CIE only after registering on the Platform.
  12. Any activity including using, accessing or browsing on the Platform indicates your deemed acceptance and agreement to all the Terms and Conditions and Privacy Policy. If you disagree with any part of the Terms and Conditions or Privacy Policy, then you may discontinue access or use of the Platform.
  13. Once onboarded, you are authorized to use the Platform only as long as you have valid credentials/ certificates/ degrees/ licenses to practice as a doctor.
  14. Your access to use the Platform, including the CIE, will be solely at our discretion.
  15. You shall follow the Privacy Policy and Terms and Conditions (including confidentiality obligations) in relation to the information collected from your patients and generated by the CIE. We will not be liable for any non-compliance with the Privacy Policy or the Terms and Conditions.
  16. Except as expressly authorized under the Agreement, you will not access, collect, use, store or transmit any data or information and will not aggregate the information, even if anonymized. You will not transfer, rent, barter, trade, sell, rent, loan, lease or otherwise distribute or make available to any third party any information or aggregate the information with any other information or data, even if anonymized.
  17. You understand that the CIE on the Platform will analyze inputs of your patients, as provided by you, including data on chief complaints, associated symptoms, symptom attributes epcc. of your patients inputted through a chatbot interface and offer clinical suggestions such as differential diagnosis, lab & imaging investigations epcc. You agree that the CIE does not offer any confirmed medical diagnosis, treatment and other clinical suggestions and it only acts as your assistant in your out-patient consultations by collecting relevant information from you about your patient and curating that information for your easy consumption. Please further note that the CIE has been developed with artificial intelligence as the underlying technology and therefore it may have biases and other inherent limitations and be subject to downtime or malfunction and you agree and understand the limitations and failure to provide accurate information in certain circumstances. You agree that the suggestions and information provided by the CIE must always be confirmed with the patient and with the latest clinical and medical protocols applicable for the treatment of your patient. You agree to use your independent medical judgement and to independently validate any or all clinical data of each patient which is generated through the CIE on the Platform before providing inter alia a medical diagnosis, issuing a prescription, or providing any other medical/ non- medical advice to your patient. You should never disregard your independent medical professional advice and judgement because you are relying on information you may have read or heard on the Platform. You shall use your sole discretion to use CIE’s suggestions to conclude a diagnosis or recommend any treatment or advice based on the data generated by the CIE on the Platform. In case of an emergency, you shall advice the patient to contact any nearby emergency services immediately. You also agree to take full responsibility and liability under all circumstances while consulting or advising any patient as in regular clinic practice.
  18. Please note that no licensed medical professional - patient relationship is created between AHL and your patients and the output provided by the CIE does not constitute a medical advice, diagnosis, treatment, epcc. of any particular condition of your patients.
  19. You shall not post any response or act in a manner which comprises of any derogatory language, objectionable, pornographic, and/ or offensive content.
  20. You shall not carry out activities including hosting, displaying, uploading, modifying, publishing, transmitting, storing, updating or sharing any information on the Platform that-
    • belongs to another person and where you do not have any right;
    • is obscene, pornographic, paedophilic or invasive of the privacy of another person, including bodily privacy, insulting or harassing based on gender, racially or ethnically objectionable, relating to or encouraging money laundering or gambling, or promoting enmity between different groups based on religion or caste with the intention to incite violence;
    • is harmful to a child;
    • infringes any patent, trademark, copyright or other proprietary rights;
    • deceives or misleads the addressee of the information regarding the origin of the message or knowingly and intentionally communicates any misinformation or information that is patently false and untrue or is misleading;
    • impersonates another person;
    • threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to commit any cognizable offence or prevents investigation of any offence or insults other nation;
    • contains software virus or any other computer code, file or program which is designed to interrupt, destroy or limit any computer resource’s functionality;
    • violates any law for the time being in force.
  21. You shall not advertise or promote any brand of drugs, supplements, vaccines, or medications, in any manner whatsoever while using the Platform.
  22. You shall not advertise to/ solicit patients in any manner including without limitation by way of using social media handles (including Facebook, Twitter epcc.), telephone/ mobile numbers, YouTube, epcc. You shall not promote content and activities which are illegal in nature or in violation of any applicable laws.
  23. You shall not upload any viruses or malware, bugs, disabling devices or any devices that will disrupt, disable, harm, impede or otherwise interfere with our Platform or allow unauthorized access into our systems or hardware.
  24. The Platform is free for the Users to access and use subject to these Terms and Conditions. AHL reserves all rights to charge Users for access and use of this Platform in future.

  25. Intellectual Property Rights

  26. Reservation of Rights- All rights, title and interest, including all associated intellectual property rights in the Platform and the CIE shall be owned by AHL.
  27. Ownership of data/ report- All rights, title, and interest, including all associated intellectual property rights including any modifications, enhancements or derivatives, in the data/ information/ report arising due to use of the CIE on the Platform rests with us and you grant us a perpetual, world-wide, irrevocable, transferable license to exercise all intellectual property rights in such data/ information/ report generated by use of the CIE on the Platform.
  28. Except as provided herein, this Agreement will not be construed to grant any license under any trade secret, patent, patent application, industrial design, trademark, copyright, mask work, confidential process, formula, plan, computer program, data or other valuable confidential information or know-how to you. We own and retain all our rights, title, and interest in and relating to the intellectual property rights in the CIE on the Platform and its use and in any Confidential Information (as defined below), both currently being used and that which may be developed and used in the future.
  29. During the term of this Agreement, we permit you to use the Platform for the limited purpose of testing, evaluating and demonstrating data or case report generated through the CIE and for the purpose of issuing prescriptions and providing consultations to your patients. Any other use of the CIE on the Platform is strictly prohibited by this Agreement. You shall not attempt or allow others under your control to attempt to obtain or derive the source code or any other information from or about the CIE through disassembly, decompiling, reverse engineering or other means.

  30. Confidentiality

  31. You shall maintain utmost confidentiality of any and all information and materials of whatever nature that is conveyed, disclosed or provided in relation to this Agreement by us to you or otherwise acquired or observed by you, whether oral, written or through any other medium including, without limitation, business, technical, research, financial information, procurement requirements, purchasing requirements, customer lists, sales and merchandising efforts, marketing plans, experimental work, development, design details, specifications, engineering, patents, copyrights, trade secrets, proprietary information, methodologies, techniques, skepcches, drawings, models, inventions, know-how, processes, software programs, software source documents, methods, analysis, studies, compilations, forecasts and the like and information, which at the time of disclosure, is designated in writing as confidential (“Confidential Information”).
  32. You shall not be liable for disclosure or use of any Confidential Information if the same is:
    • in the public domain, other than as a result of disclosure by you in breach of this Agreement;
    • lawfully received from a third party (who is not bound by any obligations of confidentiality) without any obligation of confidentiality; and
    • independently developed by you without any use of or benefit from the Confidential Information and such independent development can be documented by you with written records.
  33. In the event that you are required to disclose any Confidential Information under any applicable law, rule or valid order by a court of competent jurisdiction or required by any governmental body or regulatory/ legal authority you shall, to the extent legally permissible, promptly and, in any event, within three [3] days, provide us with written notice of the required disclosure, and reasonably cooperate with us in our efforts to seek a protective order or other appropriate remedy (in our sole discretion) to protect the confidentiality of the Confidential Information so requested. In the event that we fail to obtain a protective order, or we provide you our written consent permitting such disclosure, you may disclose the Confidential Information so requested under this clause, only to the extent required to comply with the provisions of the aforementioned applicable law, rule, court order or request.
  34. You will not use, copy, transfer or publish any Confidential Information for any purposes except those expressly contemplated or authorized by us. You will take the same reasonable security precautions as you take to safeguard your own confidential information, but in no case less than the standard of reasonable care. You also undertake to impose the confidentially obligations on all directors, officers and employees or other persons who work for or under your direction and control, and who will have access to the Confidential Information.
  35. You will return all originals, copies, reproductions and summaries of Confidential Information under your control, or confirm its destruction in writing as requested by us.
  36. Notwithstanding the termination or expiry of this Agreement, you shall continue to comply with the provisions set out in Clauses 27 to 31 above for a period of ten (10) years following the date of disclosure of the Confidential Information.

  37. Audit
  38. You hereby agree and acknowledge that we shall have the right to audit the Platform from time to time (in our sole and absolute discretion) for ascertaining compliance by you.

  39. Warranties
  40. We disclaim all other warranties of any kind, express, implied, statutory, or those part of any communication with you, including without limitation, the implied warranties of merchantability, non-infringement, title, and fitness for a particular purpose with respect to the CIE on the Platform and its underlying technology subject to this Agreement. Further, we disclaim all damages and liability arising out of or in connection with the use, interpretation, medical advice, diagnosis, line of treatment by you while using the Platform.

  41. Publication
  42. You shall not, without our prior written consent, disclose, issue press releases or undertake publicity relating to us or the existence or contents of this Agreement or include reference to AHL or its affiliates to any third party or in any brochures, advertisements, client lists or other promotional materials.

  43. Compliance with applicable laws
  44. You hereby agree to abide by all the requirements under all applicable laws, including the relevant laws for practicing medicine including the National Medical Commission Act, 2019, Telemedicine Practice Guidelines, 2020 (to the extent applicable) and the applicable data protection laws including the Information Technology (Reasonable security practices and procedures and sensitive personal data or Information) Rules, 2011.

  45. Indemnity
  46. You agree to defend, indemnify, and hold harmless AHL, its affiliates and Apollo group companies (collectively, “Apollo Group”), and their respective directors, officers, employees, representatives, and agents from and against any and all claims, actions, demands, legal proceedings, liabilities, damages, losses, judgments, authorized settlements, tax, costs or expenses, including without limitation, reasonable attorneys’ fees, arising out of or in connection with any alleged or actual:
    • infringement of copyright, patent, trademark, trade name, trade secret or other proprietary or intellectual property right of any third party by you;
    • claim from a patient that your advice, diagnosis or treatment, epcc. to the patient using the CIE on the Platform under this Agreement has caused any product liability, adverse events, bodily injury (including death) or has damaged (real or tangible) personal property, including any computer systems;
    • breach of any warranties (including implied warranties) contained in this Agreement by you;
    • negligence, wilful misconduct, fraud, misrepresentation, deficiency, shortfall or violation by you of any governmental laws, rules, ordinances, or regulations;
    • breach of confidentiality and/or data privacy obligations under this Agreement by you;
    • claim that may arise as a result of your use and reliance on the output of the CIE.
  47. You shall be solely responsible and shall indemnify the Apollo Group from all claims that may arise under any applicable law due to breach of any representations, warranties, covenants or obligations by you of the terms of this Agreement, either in a court of law or in any consumer forum and we shall in no way be held responsible for the same.
  48. The indemnifications stated herein are without prejudice to the indemnifications that you have provided elsewhere in this Agreement.

  49. Limitation of Liability
  50. In no event shall the Apollo Group be liable to you, your patient, any other person or any entity for any special, exemplary, indirect, incidental, consequential or punitive damages of any kind or nature whatsoever (including, without limitation, lost revenues, profits, savings or business, or loss of your records or data) whether in an action based on contract, warranty, strict liability, tort (including, without limitation, negligence) or otherwise, even if we have been informed in advance of the possibility of such damages or such damages could have been reasonably foreseen by us.
  51. In the context of your use of the CIE on the Platform, the Apollo Group shall not be liable for any of your acts, omissions, misuse, malpractice, misconduct, negligence or misunderstanding of data generated by the CIE on the Platform under any circumstance. Further, we do not guarantee the accuracy of the output from the CIE and you agree to be liable for any loss or liability arising out of your interpretation of the output of the CIE.
  52. Since AHL is not involved in providing any medical advice or diagnosis, it shall not be responsible for any interactions between you and your patients.

  53. Termination, suspension, epcc. of User’s access to the Platform
  54. In the event of any breach of these Terms and Conditions, we shall take appropriate action inter alia ranging from issuing warnings to removing you from the Platform, in our sole and absolute discretion.
  55. If AHL finds out that you have provided fraudulent, inaccurate, or incomplete information, we reserve the right to immediately suspend your access to the Platform and also to the CIE. You shall be liable to indemnify AHL for any losses incurred by AHL as a result of such misrepresentations.
  56. In case of any non-compliance with the Terms and Conditions and the Privacy Policy, we have the right to terminate your access or usage rights to the Platform immediately or remove non-compliant information from the Platform or both.
  57. AHL reserves the right to terminate/ suspend your access to the Platform in its sole and absolute discretion.
  58. The decision of AHL shall be final and binding on the issues arising under the Terms and Conditions.
  59. Clauses 37-39 (Indemnity), clauses 27-32 (Confidentiality), clauses 40-42 (Limitation of Liability), and clauses 49-55 (Governing Law and Jurisdiction) shall survive the termination / expiry of this Agreement.

  60. Governing Law and Jurisdiction
  61. The provisions of this Agreement shall be governed by and construed in accordance with the Indian law.
  62. Any difference, dispute, controversy or claim (“Dispute”) arising out of or relating to this Agreement or the breach, termination or invalidity thereof, shall be settled by arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996 or any amendments thereto.
  63. The Dispute shall be referred to one (1) arbitrator to be appointed by the User and AHL (individually, “Party” and collectively, “Parties”) mutually.
  64. The seat of arbitration shall be Hyderabad and any award whether interim or final, shall be made, and shall be deemed for all purposes between the Parties to be made, in Hyderabad.
  65. The arbitral procedure shall be conducted in the English language and any award or awards shall be rendered in English. The procedural law of the arbitration shall be the Indian law.
  66. The award of the arbitrator shall be final and conclusive and binding upon the Parties, and the Parties shall be entitled (but not obliged) to enter judgment thereon in any one or more of the highest courts having jurisdiction. The Parties further agree (to the maximum extent possible and allowed to them) that such enforcement shall be subject to the provisions of the Arbitration and Conciliation Act, 1996 and neither Party shall seek to resist the enforcement of any award in India on the basis that award is not subject to such provisions.
  67. The rights and obligations of the Parties under or pursuant to this clause, including the arbitration agreement in this clause, shall be under the exclusive jurisdiction of the courts located at Hyderabad.

  68. No Agency
  69. No Party shall act as an agent of the other or have any authority to act for or to bind the other, except as permitted under this Agreement.

  70. Severability
  71. If any provision of this Agreement is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of this Agreement shall continue to remain in full force and effect.

  72. Waiver
  73. No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving Party.

  74. Changes to the Terms and Conditions
  75. We reserve the right to change, amend or modify these Terms and Conditions and the Privacy Policy as we may deem necessary or appropriate because of legal compliance requirements or changes in our business practices, and the changes, amendments or modifications shall be periodically communicated to you. Any activity including using, accessing or browsing on the Platform, by you pursuant to such modification / changes / amendments shall indicate your deemed acceptance and agreement to all the Terms and Conditions and Privacy Policy. If you disagree with any part of the Terms and Conditions or Privacy Policy (including any changes, modifications or amendments thereof), then you may discontinue access or use of the Platform.

  76. Contact information
  77. In case of any questions about any part of the Agreement, please feel free to contact us at ciesupport@apollo247.com
  78. In case of any grievance or complaints in relation to the Platform, please contact our grievance officer Chaitanya Bharadwaj who can be contact at 080 69459059