Terms & Conditions

MISSION:- Pixel Digital Portal and Mobile Apps are provided to Doctors to streamline and digitize their daily Clinical operations and Patient management and their interactions with them.

• Sole intention behind providing Pixel portal and Mobile app is to digitize operation in clinic, Patient management, Appointment and Surgery calendar, keep permanent record of and patient data for any future reference.

SERVICES:- Pixel Digital Portal and Mobile app provides platform for

Digitization of the operations of the clinic
Digitization of the operations of individual doctor handling multiple/single clinics
Patient management and interactions with them
Appointments and Surgery management
Invoicing to patients
Expense booking
Doctor Referrals and Digital prescriptions
Relevant MIS for Doctors and Receptionists.
Maintenance of Electronic Medical Record.
Mobile App for Doctors (currently Android) and Patients (only Android) integrated with Pixel portal

ACCESSING OUR SERVICES:-

The services are accessed remotely using the internet, data networks and devices which can access the internet ("Infrastructure") and operate the App and our Websites. To use the services, an internet-enabled device and a sufficient internet connection should be available. Infrastructure for the Internet has to be made available by the Doctors or the Medical staff using the Portal and Mobile app.
Users of the Portal application are solely responsible for the poor performance of the application cause due to poor internet connection.
In order to ensure application is secure and/or operate optimally, it may be required to suspend the services due to Technical or security threats or issues affecting the Infrastructure. Such suspension will be minimized, but in such cases users may use other devices or note down data manually and once the system is up can enter the data.
Anti-virus and malicious software prevention measures is operated on the Websites and App, but virus-free services cannot be guaranteed. Users should ensure that devices used to access services are protected against viruses, malicious software and must not use or expose the App or the Websites to virus or malicious software contamination.
Users must not attempt to gain unauthorized access to the services, App or Websites. Installation of the App on a device that has had its operating system compromised by the process of Jailbreaking (Apple iOS) or Rooting (Android) is not permitted and may result in the security of personal data being compromised.
Ensure that any mobile or portable device is nearer to Wi-Fi device to ensure smooth and faster operation in the application.
To use the Website services, Doctor & his staff may have to be registered and provide their name, valid email address, contact number and other details.

TECHNICAL REQUIREMENTS:-

Stable Internet service is mandatory for using the application.
Pixel Digital portal can be accessed from Laptop, PCs, Mobile phone, iPAD and Tablets.
Application can be handled by using the Browser (only Google Chrome, Mozilla Firefox) updated with the latest version only.
The App operates only on iPhone version 4S or higher running iOS 10 or higher, or Android-enabled phones running Android v4.3 or higher. It requires preferably a consistent 4G or faster data connection and does not operate reliably on 3G, GPRS or EDGE connections. (Need to decide on iOS and Android versions)
Portal and Mobile app can also work on Wi-Fi device but avoid use of public wi-fi facilities in favour of a personal wi-fi connection. Ensure from Internet service provider that the wireless network is preferably secured with WPA-2 security.
It is recommended that the device (PC, laptop, mobile) from which user access the App is password protected, set to lock after a short period of inactivity, and protected with suitable anti-virus and anti-malware software.
From time to time, updates to the App may be made available to Doctor & his staff. We recommend that use the latest version of the App at all times, to take advantage of the latest enhancements. Depending on the update, Doctor & his staff may not be able to use the Services until they download or stream the latest version of the App and accepted any new terms.

INFORMATION AND ANALYTICS:-

1. Data may be input into the App :

a. manually by Doctor & his staff;

b. through Doctor & his staff’s referrals such as Chemists, Diagnostics etc

c. via data received from or inputted via other parts of the App, for example as a result of undertaking a Test, prescription or a consultation.

d. Patient using the Portal or Patient Mobile App.

No information Technical or otherwise is tapped related to the IP address used to connect Doctor’s mobile phone or other device to the Internet, ISP & login information, operating system platform type and version, device model, browser or app version, time zone setting, language and location preferences, wireless carrier and location.
Information about the Portal visit (such as when first used the App and when last used, and the total number of login active sessions users on that App), including modules used, App response times etc. will be used only to understand the usage of the application so as to tune it for better performance.
Patient’s Medical reports, Appointments & surgeries will not be used for any analytics or advertising or misuse or share the information with other Doctors or any third party.
Information or data or links shared on the Home page such a Blogs or CMEs is available ONLY to the Doctors using the Pixel portal or Mobile app and Patients. Any information available to Doctors not registered on the Portal may be due to sharing of such data by the Doctors or their staff registered on the Portal and Mobile app or Patients using the Mobile app.
Any Medical reports or Patient information or Doctor seeking advice from other specialist is the sole responsibility of the Doctors using and accessing this information.
NO attempt is made to modify Patient’s reports or tests uploaded in the Pixel portal and Mobile app by the Doctors and its staff or the ones uploaded by Doctor’s associates like Optician or Diagnostics or Chemists.
Doctors and their staff are solely responsible for the accuracy of the information or data entered or provided into the Portal and Mobile app. We and our associates do not assume responsibility for any incorrect data entered.
NO Personal, Operational, Medical or Financial data is used for any analytics nor it will be shared with other third party Vendors or misused. Users are solely responsible for the information fed from their account into the system is available to other doctors or third party Vendors.

LIMITATIONS ON SERVICE PROVISION:-

Services may be unavailable due to certain events outside one’s control and no one assumes the responsibility for it. Timely notifications will be provided and appropriate steps will be taken to minimize the interruption to the services.
Any unavailability caused by circumstances beyond any reasonable control, including without limitation, acts of God, acts of government, flood, fire, earthquakes, pandemic situations, civil unrest, acts of terror, strikes or other labor problems (other than those involving Our employees), or Internet service provider failures or delays
No personal / entity will or should be held responsible for any loss of data due to Internet failure, Failure of operation on the portal due to Internet failure or unavailability.
Uptime of 98.5% would be strived for but the accessibility or availability of the website at all times cannot be assured.

LIABILITIES:-

The services are supplied for private & personal use and no one can be held responsible for any losses Users suffer arising out of the use of the services which are business losses.
The Portal and Mobile apps are designed to keep information secure and it is important that Users follow the usage instructions in order to keep their data safe.
NO one is liable for any loss or unauthorized access to Users data where it results from users not following the instructions and advice. (Change passwords, do not share id and password, Create different id for receptionist and Clinic staff, close the ID once Doctor & his staff leaves.)
Any data entry related to financial information (Invoicing or Bill/Expense booking) is restricted to the Doctor’s profile only. Data neither can be seen by any other Doctor or their staff nor anyone has access to such data or misuse it for any purpose.
The intention is to provide a platform to handle Clinic’s financial transaction only and not disclose it to any third party.
At the same time, no one assumes the responsibility except the Doctors and staff if the data is accessed by hacking or disclosure by internal staff working with the Doctors.
No one except the Doctor and it’s staff are responsible for any queries raised by the Income Tax Dept. or any other Govt Organization or Financial auditors regarding recording of the Financial transactions in the Pixel Portal and Mobile app.
No one can be held responsible for any appointments booked by the Patient using Patient mobile app or Pixel portal and not turning up.
No one can be held responsible for non-display of information like appointments, surgery or Patient master if it is not entered through the Pixel digital portal and Mobile apps.

USAGE TERMS:-

The basis on which the Doctors & their staff use the Pixel Digital portal and Mobile App

Responsibility of using the Services or software modules provided in the application is of Doctor & his staff’s own accord and they are entirely responsible for using them.
The App has not been developed to meet Doctor & his staff’s individual requirements or Clinical operation. It is therefore their responsibility to ensure that the facilities and functions of the App meet requirements.
Requirements are designed to be beneficial to Doctor & his staff in general and Clinic specific operations will not be considered for development of the Application.
Doctor & his staff may choose to use either of the modules in the Portal and Mobile App. We do not make it compulsory for the Doctor & his staff to mandatorily use all the Modules provided in the Portal and Mobile app.
Doctor & his staff’s do not own copyright and other intellectual property rights in the Pixel Digital Portal, Mobile Apps, & our services and hence not permitted to copy, distribute or make any business use of Pixel Portal and Mobile app.
Doctor & his staff is granted unlimited license to access and make personal use of the App and not to modify it, or any portion of it. This license does not include any resale or commercial use of the App or its contents; any derivative use of the App or its contents; or any use of data mining, robots, or similar data gathering and extraction tools.
The App or any portion of the App not to be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose.
The services may be subject to limitations, such as, for example, limits on disk storage space, image upload size restrictions, no. of images for Medical reports, number of sms, sms on any events etc.
Doctor & his staff ability to use or access the Website may be suspended at any time while any complaints or alleged violations of this Agreement is investigated.
If the login ids of Doctors and Receptionist remains dormant for prolong (months?) period, data will be removed from the server with prior intimation to the Doctor.
While using the Website, software and/or Service, Doctor & his staff agree not to :Restrict or inhibit any other visitor or member from using the Website, including, without limitation, by means of "hacking" or defacing any portion of the Website;
Unlimited users can be created by Doctor’s login for receptionist and other help staff. Each login id is treated separately.
One doctor can register under ONLY a single Mobile no. If separate mobile no. is used by Doctor, data for different logins cannot be merged but will be displayed separately.
Staff and Receptionists need to use different login ids for handling different Clinical operations. e.g one receptionist handling clinics of different Doctors, need to create different login ids.
Information related to Patients, EMR and any other medical report saved into the Portal can be backed up by downloading the data into PC, laptop, Tablet or iPad.
The Services provided are on an "as is" and “as available’ basis, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade)
Doctor and his staff are solely responsible for modifying and scheduling the Appointment calendar. However, Doctor and his staff cannot hold anyone liable if such an appointment is later cancelled by the Patient, or the same Patient is not available for appointment.
It is responsibility of Doctor and his staff to keep correct mobile number and email ID updated in the Records.
Practitioner shall ensure that the Content or any further responses to the Content (including responses to Users) is not harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic or libelous in any manner.
Further, Practitioner should ensure that the Content is not invasive of any other person’s privacy, or otherwise contains any elements that is hateful, racially or ethnically objectionable, disparaging, or otherwise unlawful in any manner whatever. Such contents if found will be removed without any intimation to the Practitioner and his staff.
Also, the Practitioner agrees that no legal claim can be raised from the nature of the Content posted by the Practitioner on Pixel Portal and Mobile App Health Feed

TERMINATION:-

We reserve the right to terminate any Account in cases Doctor & his staff breach any terms and conditions of this Agreement. we are unable to verify or authenticate any information provided to us; or
we believe in our sole discretion that Doctor & his staff actions may cause legal liability for their actions., our Users or are contrary to the interests of the Website.
Once temporarily suspended, indefinitely suspended or terminated, Doctor & his staff may not continue to use the Website under the same Account, a different Account or re-register under a new Account.
On termination of Account due to the reasons mentioned herein, Doctor & his staff shall no longer have access to data, messages, files and other material kept on the Website.
Please ensure that Doctor & his staff have continuous backup of the Services rendered in order to comply with record keeping process and practices.
In the event we suspend or terminate registration or Account, we reserve the right but not an obligation to

a. notify other Members

b. provide them the reason for the action that we have taken.

Even after termination, certain obligations mentioned under Warranty Disclaimer, Limited Liability, Indemnity, Intellectual Property, Dispute Resolution will continue and survive termination.

We may end our agreement, subject to applicable regulation:

if the services are unavailable for reasons outside our control
if Doctor & his staff do not comply with the conditions on use of services OR Usage terms or License compliance issues.
if Doctor & his staff breach any other term of this agreement and do not make good that break within 7 days; or
for the Private Service which Doctor & his staff took from us, failure to pay Charges on time.

RETURN OF DATA:-

FDC or its partners are not at all responsible for any assistance for data transfer from Pixel Digital portal and app to other Application to be used by the Doctors.
Backup procedure has been set for the Doctors and Receptionist to download the Patient EMR, Patient Master data, Invoicing and Payment entries.

GENERAL TERMS AND CONDITIONS:-

These Terms and Conditions may be modified from time to time and Doctor and his staff may / may not be notified. It is Doctor & his staff’s sole responsibility to review these Terms and Conditions from time to time.
Doctor and his staff will be deemed to have accepted the Agreement as amended in case of continuation to use any of the Website services after any amendments are posted on the Website.
Additional terms and conditions may be included / modified / deleted if additional services or programs are provided. Doctor and his staff shall be bound by the same on participation in such services or programs.
The ownership of the data vests with the Authorized Users i.e Doctor and his staff
Any portion of the Agreement may be modified or terminated any reason and at any time, and such modifications shall/shall not be informed. Users should read the Agreement at regular intervals. Doctor & his staff use of the Website following any such modification constitutes agreement to follow and be bound by the Agreement so modified.
Doctor and his staff acknowledge that they will be bound by this Agreement for availing any of the Services offered. If Doctor and his staff do not agree with any part of the Agreement, please do not use the Website or avail any Services.

ACCOUNT SECURITY:-

Doctor and his staff shall be solely responsible for the confidentiality of any password and other account information that has been created in order to access or use the Services. Also, Doctor and his staff agree to notify Helpdesk team immediately on any unauthorized use of account, user name, or password.
Doctor and his staff agree that, they shall be solely liable for any loss occurred as a result of any third party or user using password, either with or without their knowledge.
Log-in to account shall be used by one person. Multiple people are not recommended to share the same/single log-in. It is advisable to have separate login for Doctor and different for different receptionist.
Doctor & his staff also agree that, except Doctor & his staff no one is liable for losses caused by any unauthorized use of account.

PAYMENT, FEES AND TAXES:-

The Pixel Portal application and Mobile app (Doctor and Patient) is available to Doctors and his staff without any charges. Integration of the application with any third party tool or software will be charged as per the efforts involved. E.g Fundus imaging.
All the features which are provided by default are only without any charges.
The Fee structure OR the Licensing policy of the application can be changed at any time with prior information to Doctors. Information will be provided for any such changes carried out in the agreement by generating notifications on the Portal and Mobile App.
Doctors agree to pay all subscription fees, consulting fees and other fees if whenever applicable to use of Services and Doctor & his staff shall not circumvent the fee structure. The subscription fee will be non-refundable
Doctors and his staff is solely responsible for payment of all taxes, legal compliances, statutory registrations and reporting.
Invoices generated in this system is sole responsibility of the Doctor and his/her recruited staff for answering any queries related to Income Tax purposes or any Financial Audit.

INTELLECTUAL PROPERTY:-

Doctors and his staff,

Must not sell, copy, reproduce, modify, distribute, display, publicly perform, prepare derivative works based on, repost or otherwise use any content of this Portal and Mobile apps in anyway, including for any public or commercial purposes.
Must not use any content of this Website on any other website or in a networked computer environment for any purpose other than own viewing.
Shall not reverse engineer or attempt to interfere with the operation of any part of this Website.
Transmit any software or other materials that contain any virus, worm, time bomb, Trojan horse, or other harmful or disruptive component;
Remove any copyright, trademark, or other proprietary rights notices contained in the Website;
"Frame" or "mirror" any part of the Website;
Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents; or
Harvest or collect information about Website visitors or members, contents of the Website, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the Portal
Shall not modify the Pixel Portal Content or reproduce, display, publicly perform, distribute, or otherwise use the Pixel Portal Content in any way for any public or commercial purpose or for personal gain.

AFFILIATED / EXTERNAL SITES:-

Pixel digital portal may be linked to the website of third parties, affiliates and business partners. There is no control over, and no one is liable or responsible for content, accuracy, validity, reliability, quality for such websites or made available by / through our Website. Inclusion of any link on Pixel digital portal does not imply that the linked site is endorses. Doctors and his staff use the links and these services at their own risk.

WARRANTY DISCLAIMER:-

The Services provided on Pixel Portal and Mobile App or any of our licensors or providers are provided "as is," as available, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade).
There are no representations or warranties, of any kind, either express or implied, as to the quality, identity or reliability of any third party, or as to the accuracy of the postings made on the Website by any third party.

COMPLIANCE TO LAWS:-

The Doctors and his staff are solely responsible for compliance to all applicable laws, including patient history, medical records, confidential information and privacy laws.
The Pixel Portal and Mobile app only act as a facilitator for practice management and provides technology platform and no one except Doctors and his staff is responsible, liable, accountable for patient information available on the software provided by Pixel.

INDEMNITY:-

Doctors and his staff agree to indemnify and hold harmless any Company incl. service providers, its affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from their access to or use of Website, violation of this Agreement, or infringement by any other user of Doctor & his staff account, of any intellectual property or other right of any person or entity.

DISPUTE RESOLUTION:-

This Agreement shall be governed by and interpreted in accordance with the laws of India. Any dispute between the Parties relating to or arising out of this Agreement or in connection therewith, which cannot be settled amicably, shall be resolved as per Arbitration Act, 1996. The arbitration proceedings shall be in accordance with and subject to the provisions of the Arbitration Act, 1996, or any statutory modification or re-enactment thereof for the time being in force, The Language of Arbitration shall be English and the place of Arbitration shall be held in Mumbai.

NOTICES AND COMMUNICATION:-

It is Doctor & his staff’s responsibility to read the message and respond in case of any queries. Doctor & his staff consent to receive communications from us electronically and Doctor & his staff agree that these electronic communications satisfy any legal requirement that such communications be in writing. If Doctor & his staff fail to respond to any notification regarding violation, dispute or complaint within a week, their account may be terminated or suspended.
The policy may be updated from time to time and, if for any material changes, we may / may not notify as it will be Doctor & his staff’s responsibility to review it from time to time.

GOVERNING LAW:-

• These Terms of Use and any contractual obligation will be governed by the laws of India, subject to the Courts in MUMBAI.

COMPLAINTS AND DISPUTES:-

• If Doctor & his staff have any complaint / feedback / questions concerning the Pixel Portal and Mobile Apps, Terms of Use, or anything related to any of the foregoing, we can be reached by putting a request in the Menu option ‘Feedback / Complaints’.

• We may ask Doctor & his staff for certain details about their complaints in order to address it. Doctor & his staff shall provide the same so that we can resolve complaint quickly.

“Doctor & his staff represent that they have read and understood, and that they agree to be bound by this Agreement. All Users agree to adhere to the below code of conduct.”