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Terms & Conditions

MX Healthcare GmbH, on behalf of itself and its affiliates under the brand “Vara” (“Vara”), is the author and publisher of the internet resource www.in.vara.ai/ (“Website”), including the Vara appointment booking service (“Application”) and the Software as a service Solution (SaaS) ‘Vara MG’.

These Terms of Use (hereinafter referred to as the "T&C") govern the conditions of use of the Vara Website and Application.
 

The Website offers the following: 

(i) contact between health professionals and users of the Vara Application, 

(ii) the presentation of the various services offered by Vara.

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The Services are provided to the User free of charge. However, the User is aware that the Vara Booking Service refers to care or treatment services that may not be covered by a statutory health insurance or reimbursed by a private insurance.

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The use of Vara is not suitable for immediate emergencies. In this case, please contact the emergency number 112 by telephone!

 

ACCEPTANCE OF TERMS

  • Please carefully go through these terms and conditions (“Terms”) and the privacy policy available at https://www.in.vara.ai/privacy-policy (“Privacy Policy”) before you decide to access the Website or avail the services made available on the Website by Vara. 

  • These Terms and the Privacy Policy together constitute a legal agreement (“Agreement”) between you and Vara in connection with your visit to the Website and your use of the Services (as defined below).

  • The Agreement applies to you whether you are -

    • A medical practitioner or health care provider (whether an individual professional or an organization) or similar institution wishing to be linked, or already linked, on the Website, including designated, authorized associates of such practitioners or institutions (“Practitioner(s)”, “you” or “User”); or

    • A patient, his/her representatives or affiliates, searching for Practitioners through the Website (“End-User”, “you” or “User”); or

    • Otherwise a user of the Website (“you” or “User”).

  • This Agreement applies to those services made available by Vara on the Website, which are offered free of charge to the Users (“Services”), including the following:

    • For Practitioners: to be made available to the other Users and visitors to the Website;

    • For other Users: to make appointments with Practitioners.

  • The Services may change from time to time, at the sole discretion of Vara, and the Agreement will apply to your visit to and your use of the Website to avail the Service, as well as to all information provided by you on the Website at any given point in time.

  • This Agreement defines the terms and conditions under which you are allowed to use the Website and describes the manner in which we shall treat your personal information account while you are registered with us. If you have any questions about any part of the Agreement, feel free to contact us at support.in@vara.ai.

 

CONDITIONS OF USE

  • By accessing the Website to use the Services, you irrevocably accept all the conditions stipulated in this Agreement and the Privacy Policy, as available on the Website, and agree to abide by them. 

  • This Agreement supersedes all previous oral and written terms and conditions (if any) communicated to you relating to your use of the Website to avail the Services.

  • We reserve the right to modify or terminate any portion of the Agreement for any reason and at any time, and such modifications shall be informed to you in writing You should read the Agreement at regular intervals. 

  • Your use of the Website following any such modification constitutes your agreement to follow and be bound by the Agreement so modified.

  • You acknowledge that you will be bound by this Agreement for availing any of the Services offered by us. If you do not agree with any part of the Agreement, please do not use the Website or avail any Services.

  • The use of the Services is reserved to natural persons who have reached the age of 18.

 

USER  CONDUCT 

Each User must use the Website and/or the Application responsibly.


Specifically, it is prohibited to: 

  1. interfere with or disrupt access to or operation of the Website and the Application, 

  2. attempt to probe, scan or test the vulnerability of any system or network or breach security or authentication measures without being authorized to do so, 

  3. attempt to access confidential data and private servers of Vara that are not intended for the User.

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The User is prohibited from: 

  1. using the identity of another person,

  2. interfere with other User’s use of the Site, 

  3. use the Site or Application for purposes other than those for which it is intended. 

  4. attempt to connect to an appointment that is not intended for him/her,

  5. act in a manner that may damage the reputation of Vara and/or the Health Professionals or that is improper (including defamatory, threatening, and abusive speech or writing), 

  6. engage in any form of unlawful data extraction from the Website and/or the Application, such as web scraping.

 

 

LIABILITY 

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Liability of Vara

  • Vara is only liable for independently published content. 

  • Accordingly, Vara is in no way liable for the accuracy of the information that can be found on the profile page of each health professional. 

  • The accuracy and updating of this information is the sole and full responsibility of the health professional in question.

 

Vara cannot be held liable: 

  1. in the event of technical or information technology problems and failures, or in the event of compatibility problems of the Website or the Application with any hardware or software whatsoever; 

  2. for inherent characteristics of the Internet, in particular the unreliability and lack of security of the information circulating thereon. There are no warranties or guaranteed characteristics of the website and the application. In all other respects Vara is only liable for intent and gross negligence. Excluded from this are damages to life and limb. 

 

Liability of User

The User is liable for: 

  1. the protection of his infrastructure and his data, 

  2. his use of the Website and/or the Application, 

  3. for failure to comply with these Terms and Conditions.

 

DATA PRIVACY

  • By consent of the User, the Website allows Vara to have access to the Users’ personal email or phone number, for communication purposes so as to provide you a better way of booking appointments and for obtaining feedback in relation to the Practitioners and their practice.

  • The Privacy Policy sets out, inter-alia:

    • The type of information collected from Users, including sensitive personal data or information;

    • The purpose, means and modes of usage of such information;

    • How and to whom Vara will disclose such information.

    • The User is expected to read and understand the Privacy Policy, so as to ensure that he or she has the knowledge of, inter-alia:

      • the fact that certain information is being collected;

      • the purpose for which the information is being collected;

      • the intended recipients of the information;

      • the nature of collection and retention of the information; and

      • the name and address of the agency that is collecting the information and the agency that will retain the information; and

      • the various rights available to such Users in respect of such information.

  • Vara shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the User to Vara or to any other person acting on behalf of Vara.

    • If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Vara has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Vara has the right to discontinue the Services to the User at its sole discretion.

    • Vara may use such information collected from the Users from time to time for the purposes of debugging customer support related issues.

 

 

LISTING CONTENT AND DISSEMINATING INFORMATION

  • Vara collects, directly or indirectly, relevant information regarding the profile and practice of the Practitioners who can be assessed by the Application on the Website, such as their specialization, qualification, fees, location, visiting hours, and similar details. Vara takes reasonable efforts to ensure that such information is updated at frequent intervals. Although Vara screens and vets the information submitted by the Practitioners, it cannot be held liable for any inaccuracies or incompleteness represented from it, despite such reasonable efforts.

  • The Website may be linked to the website of third parties, affiliates and business partners. Vara has no control over, and is not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through our Website. Inclusion of any link on the Website does not imply that Vara endorses the linked site. The User may use the links and these services at User’s own risk.

  • Vara assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect User’s equipment on account of User’s access to, use of, or browsing the Website or the downloading of any material, data, text, images, video content, or audio content from the Website. If a User is dissatisfied with the Website, User’s sole remedy is to discontinue using the Website.

 

BOOK APPOINTMENT AND CALL FACILITY

  • Vara enables Users to submit their contact information in order to be contacted indirectly by Practitioners via Vara for appointment booking purposes

  • Submitting personal contact information to Vara constitutes a non-binding request to the practicing screening unit via Vara

  • With submitting the data, the user consents to the use of the third party terms and conditions of the Visitor Analytics tool. 

  • After the User submits the credentials, Vara or the healthcare professional might contact the user.

  • The use of the Services does not in any way directly or indirectly affect or weaken the responsibilities and obligations of the health professionals registered on the Vara Application towards the Users. 

  • The professional practice of health professionals is carried out independently and in accordance with professional and other legal regulations. 

  • Vara can in no way be held responsible for any cancellation or unavailability of the health professional after an appointment has been made through the online appointment making service. 

  • The User agrees to fill in all the necessary data that will be requested from him/her for submitting and execution of the appointment request.

 

  • Without prejudice to the generality of the above, Vara is not involved in providing any healthcare or medical advice or diagnosis and hence is not responsible for any interactions between User and the Practitioner. The User understands and agrees that Vara will not be liable for:

    • User interactions and associated issues User has with the Practitioner;

    • the ability or intent of the Practitioner(s) or the lack of it, in fulfilling their obligations towards Users;

    • any wrong medication or quality of treatment being given by the Practitioner(s), or any medical negligence on part of the Practitioner(s);

    • inappropriate treatment, or similar difficulties or any type of inconvenience suffered by the User due to a failure on the part of the Practitioner to provide agreed Services;

    • any misconduct or inappropriate behavior by the Practitioner or the Practitioner’s staff;

 

CONTENT OWNERSHIP AND COPYRIGHT CONDITIONS OF ACCESS

  • The contents listed on the Website belong to Vara. The information that is collected by Vara directly or indirectly from the end users and the Practitioners shall belong to Vara. Copying of the copyrighted content published by Vara on the Website for any commercial purpose or for the purpose of earning profit will be a violation of copyright and Vara reserves its rights under applicable law accordingly.

  • Vara authorizes the User to view and access the content available on or from the Website solely for ordering, receiving, delivering and communicating only as per this Agreement. The contents of the Website, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the Website (collectively, "Vara Content"), are the property of Vara and are protected under copyright, trademark and other laws. The User shall not modify the Vara Content or reproduce, display, publicly perform, distribute, or otherwise use the Vara Content in any way for any public or commercial purpose or for personal gain.

  • The User shall not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.

 

INTELLECTUAL PROPERTY

  • The Website and the Application, including their structuring, texts, graphics, images, logos, photographs, sounds, videos and computer applications of which they are composed, are the property of Vara and, as such, are protected by the applicable intellectual property, copyright and database protection laws. 

  • Any representation, reproduction, adaptation or partial or total use of the contents, registered trademarks and services offered on the Website and the Application without the prior express and written authorization of Vara is strictly prohibited and may be subject to legal sanctions.

 

UNIFORM SETTLEMENT - APPLICABLE LAW AND JURISDICTION 

  • The User is informed that by accessing and/or using the Website, he/she is subject to European law. Prior to taking any legal action, Vara and the User shall make sincere efforts to amicably resolve any disputes, regardless of the cause and legal basis. Any dispute relating to the validity, application or interpretation of these Terms of Use shall, in the absence of an amicable settlement, be subject to the jurisdiction of the competent courts.

 

SERVICE PROVIDERS

Vara engages service providers that help us provide, support, and develop our services. They provide services such as cloud hosting, appointment scheduling, customer and technical support, marketing and analytics. Vara solely shares the information necessary to enable them to provide their services.

 

WHATSAPP CHAT SERVICES

Service

In consideration for Customer’s compliance with the Service Agreement, Vara shall make available the services described below available to you (the “Services”). Such Services shall be subject to Vara’s applicable Service Specifications, as may be amended from time to time in accordance with the Service Agreement. Vara will provide Customer with:

(a) A messaging capability, enabling business messaging via the WhatsApp platform through HubSpot CRM Software or Wati, a WhatsApp Business CRM tool that is powered by Clare.AI limited

(b) Unless otherwise agreed, each API shall be provisioned with a maximum throughput of 20 messages per second.

For the avoidance of doubt, any Services provided by Vara to Customer under these Terms of Use after the acceptance hereof shall become subject to the terms of these Terms of Use.

 

Terms of Use

Customer agrees to use the Services pursuant to the terms and conditions set out in the Service Agreement and to accept and comply with all terms and conditions, rules and policies from WhatsApp relating to the use of the Service, including but not limited to the following (including all anti-corruption and trade compliance undertakings, representations and warranties therein):

 

 

WhatsApp Consent (End clients)

Customers may use the Services solely for its internal business purposes. Customers shall, as a condition to using the Services, agree to abide by the WhatsApp T&C’s in connection with its use of the Services. Customers may not resell the Services or allow third parties to integrate with, access or use the Services (including messages) or the WhatsApp Business Solution or use WhatsApp’s names or trademarks to promote Customer’s business or in any other way unless approved in writing by Vara, HubSpot/Wati and WhatsApp. Without limiting the foregoing, Customer may not engage any third party business to perform services on its behalf in connection with Customer’s use of the Services without Vara’s and HubSpot’s / Wati’s approval; provided that the foregoing shall not prevent third party businesses from accessing Customer’s messages after Customer receives such messages (i.e. Customer, not Vara or HubSpot/Wati, passes the messages to such third party business).

 

Indemnification

Customer agrees that Customer’s indemnification obligation under the Services Agreement extends to any claims relating to, arising out of, or in any way in connection with any of the following: (i) Customer’s or any Service User’s access to or use of the Services, including information provided in connection therewith and (ii) Customer’s or any Service User’s breach or alleged breach of the WhatsApp T&C’s, the Services Agreement, these Terms of Use, or applicable laws.

 

Visitor Analytics

Visitor Analytics is a web-based analytics solution based on a Software as a Service (SaaS) model available for all Wix websites from the Wix App Market.

Visitor Analytics is a simple website analytics service that measures traffic on our website and collects general information from our website visitors. We create statistics to improve the experience of our website visitors. We never use cookies for this purpose.

As a website operator using Visitor Analytics to conduct reach measurement, depending on the level of data protection we have activated, we may process information about the device you are using and its characteristics, information about technical characteristics of the website visit, the number of page visits and statistically relevant behavior of our website visitors. The technology does not use the collected data to identify individual visitors or to match the data with additional information about an individual user.

Depending on the location from which you access our website, Visitor Analytics may not collect any information about the device you are using due to our technical settings.

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