Legal
Ecuretrip Healthtech Private Limited (operating as The Brown Sage)
This Platform service level policy (“Platform Service Level Policy”) forms an integral part of the Click Wrap Practitioner Empanelment Agreement (“Agreement”) executed between Ecuretrip and the Empaneled Practitioner. All the capitalized terms used herein but not defined shall have the meaning ascribed to such terms in the Agreement.
1.To facilitate the ease of communication between Ecuretrip and the Empaneled Practitioner, the Empaneled Practitioner shall appoint and maintain a dedicated single point of contact (“SPOC”) for the Patients referred through Ecuretrip for the purpose of communication facilitation and logistics support including onboarding, coordination, escalation, documentation, and resolution of queries. The Empaneled Practitioner to also ensure the SPOC is reachable during working hours and for emergencies through designated contact details. It is clarified that the Empaneled Practitioners not appointing any specific SPOC shall themselves be considered as the SPOC for the purpose of the Agreement.
2.The Empaneled Practitioners are expected that all Consultation provided to Patients introduced through Ecuretrip are rendered (a) with due care, skill, diligence and professionalism; (b) at all times in compliance with Applicable Law and applicable medical/ ethical standards; and (c) in a manner that protects the dignity, safety and experience of Patients.
3.The Empaneled Practitioners are also expected that its staff, nurses, administrators, receptionists and all personnel involved in handling Patients introduced through Ecuretrip/ Platform, act in a courteous, professional and patient-centric manner, and not to make any false, misleading or inflated representation to Patients regarding clinical outcomes, cure rates, success probabilities, timelines or costs, in any manner.
4.The Empaneled Practitioners agree and acknowledge that the right to make any changes to the listing formats, display, interface, visibility and content arrangement on the Platform shall remain exclusively with Ecuretrip.
To maintain the quality of services being provided through the Platform, Ecuretrip wishes to implement certain service level guidelines. Such guidelines are listed below:
5.1Turnaround Time.The Empaneled Practitioners responding to case summaries submitted through the Platform for Consultation, and/or the requests/ queries raised by the Patients on the Platform in this regard, if applicable, within 24 (twenty-four) hours to 48 (forty-eight) hours from such receipt shall have ‘active’ listing status on the Platform.
5.2Refund Policy. The Empaneled Practitioners shall clearly communicate their payment and refund policy to Ecuretrip, if any, in respect of Consultation, which shall always be subject to the refund policy of Ecuretrip as may be available on its website.
5.3The Empaneled Practitioner has the obligation to provide, maintain, and update on the Platform, on an ongoing and real-time basis, true and accurate information pertaining to its profile and Consultation, specifically encompassing the booking slots and/or any material adverse notifications, requiring the Empaneled Practitioner to promptly intimate Ecuretrip and immediately publish on the Platform any suspension, cancellation or expiry of professional licences, or registrations, material changes in patient handling capacity or facilities, regulatory actions, adverse orders or investigations impacting Patient safety, and any other event reasonably affecting their ability to provide Consultations or perform obligations under the Agreement.
(a)Ecuretrip, directly and indirectly, collects and processes information pertaining to the Empaneled Practitioner's profiles, contact details, and practice. Subject to the provisions of the agreement executed by the parties, Ecuretrip reserves the right to display, modify, or remove any Empaneled Practitioner's profile on the Platform, without prior notice to the concerned Empaneled Practitioner. This information is collected and displayed for the purpose of facilitating interaction with Patients.
(b)The Empaneled Practitioner shall be solely responsible for the accuracy and completeness of all information provided to Ecuretrip for display on their profile. In the event any information displayed on the Platform in connection with the Empaneled Practitioner or their profile is found to be inaccurate or outdated, the Empaneled Practitioner is required to promptly inform Ecuretrip to enable Ecuretrip to make the necessary amendments.
(c)Ecuretrip shall not be liable or responsible for the ranking, visibility, or presentation of the Empaneled Practitioner on external websites, search engines, or any third-party platforms.
(d)Ecuretrip shall not be responsible or liable to the Empaneled Practitioner for any losses, damages, injuries, or expenses incurred by them as a result of any disclosures or publications made by Ecuretrip where the Empaneled Practitioner has expressly or implicitly consented to such disclosures or publications, either directly or indirectly. If the Empaneled Practitioner has revoked such consent under the terms of Ecuretrip's privacy policy or otherwise, Ecuretrip shall not be responsible or liable to the Empaneled Practitioner for any losses, damages, injuries, or expenses incurred as a result of any disclosures made by Ecuretrip prior to its actual receipt of such revocation.
(e)The Empaneled Practitioner grants Ecuretrip a non-exclusive, worldwide, royalty-free, transferable license to use, display, reproduce, and distribute the profile content, including text, images, photographs and the registration number obtained from the relevant Governmental Authority (“Profile Content”), submitted to the Platform. This license is granted solely for the purposes of: (i) operating, promoting, and improving the Platform and its services; (ii) displaying the Profile Content to Patients; and (iii) fulfilling Ecuretrip's obligations under this Agreement. Ecuretrip retains the right to moderate all Profile Content and may establish reasonable content policies and guidelines to ensure accuracy, professionalism, and compliance with Applicable Law, including the National Medical Commission's Code of Ethics. In accordance with the Applicable Law, Ecuretrip shall facilitate the right of Empaneled Practitioners to access, correct, update, or request the erasure of their personal data forming part of the Profile Content, subject to Ecuretrip's verification and content policies.
(f)The Empaneled Practitioner hereby represents and warrants that their Profile Content does not breach any third-party rights, including intellectual property rights. Upon becoming aware of a breach of the foregoing representation and warranty, Ecuretrip retains the absolute right to delist or suspend any profile immediately without prior notice if it reasonably believes the Profile Content violates Applicable Law or endangers Patient safety.
(g)The Empaneled Practitioner undertakes that all descriptions, images, and other content pertaining to the Consultation provided on the Platform correspond directly with the appearance, nature, quality, purpose, and other general features of such service.
(a)The Empaneled Practitioner acknowledges that Ecuretrip has the sole right to determine the methodology, format, weightage, and categories for collecting patient feedback (“Feedback Methodology”) for publication on the Platform. The Empaneled Practitioner agrees that all rights, title, and interest in the aggregated feedback data and the Feedback Methodology shall vest exclusively with Ecuretrip.
(b)The Empaneled Practitioner acknowledges that the ratings displayed on the Platform are derived from a proprietary aggregation of structured data points rather than raw, individual written opinions. Ecuretrip retains the absolute discretion to moderate, curate, or withhold any rating or testimonial to ensure alignment with its internal quality standards and verification protocols. Furthermore, the Parties agree that such ratings are solely reflective of the subjective experiences of Patients and shall not be construed as a medical validation, accreditation, or endorsement by Ecuretrip of the Empaneled Practitioner. Ecuretrip shall ensure that published testimonials are representative of the Patient's actual experience.
(c)To protect Patient's privacy and the integrity of the Platform, Ecuretrip shall not be obligated to disclose raw, individual patient responses, metadata, or the identity of the reviewer to the Empaneled Practitioner, except as required by Applicable Law. The Empaneled Practitioner waives any right to demand inspection of individual patient feedback forms.
(d)The Empaneled Practitioner acknowledges that ratings are displayed on the Platform as aggregated metrics derived from multiple Patient inputs. While the Empaneled Practitioner cannot dispute the subjective opinion of a Patient, it may dispute the inclusion of specific underlying feedback data in the calculation of such aggregated metrics solely on the grounds of (a) proven inauthenticity (for example, the reviewer was not a Patient); or (b) demonstrable factual error regarding the service delivery. In this regard, the Empaneled Practitioner may submit a written request for an anonymized verification of the data contributing to a specific aggregate rating. Upon such request, Ecuretrip shall, within 30 (thirty) days from such request review the underlying records and, at its sole discretion, determine whether to: (i) exclude the erroneous data point and re-calculate the aggregate rating; (ii) retain the rating as-is; or (iii) append a factual clarification, to the extent required and/or possible. Ecuretrip's decision shall be final and binding in this regard. The Empaneled Practitioner expressly agrees that it shall have no claim for damages, defamation, or loss of business against Ecuretrip arising from the publication of aggregate ratings calculated in accordance with the Feedback Methodology.
(e)The Empaneled Practitioner represents and warrants that he/ she shall not and shall ensure their personnel do not: (i) coerce or incentivize Patients to provide positive feedback; (ii) simulate Patient identities to submit falsified ratings; or (iii) otherwise manipulate the feedback system. A breach of this provision may result into suspension of listing of the Empaneled Practitioner from the Platform.
(a)The Empaneled Practitioner acknowledges that the positioning, ranking, and visibility of their profile on the Platform are determined by Ecuretrip's proprietary automated algorithm (“Ranking Algorithm”). This algorithm is merit-driven and relies on performance metrics or defined parameters including, but not limited to, patient feedback scores, experience, accreditation status, and responsiveness.
(b)Ecuretrip reserves the right to modify, update, or re-weight the Ranking Algorithm at any time without prior notice to the Empaneled Practitioner to improve user experience or relevance. The Empaneled Practitioner acknowledges that such adjustments may result in fluctuations in its ranking or visibility on the Platform.
(c)The Empaneled Practitioner agrees that the specific logic, code, and complex signal combinations utilized by the Ranking Algorithm constitute trade secrets of Ecuretrip. Ecuretrip shall not be required to disclose the internal technical workings or exact mathematical weightages of the ranking algorithm to the Empaneled Practitioner, except to the extent required under the applicable law. Ecuretrip warrants that the Ranking Algorithm and the Feedback Methodology are applied uniformly across similarly situated doctors.
(d)Ecuretrip does not guarantee any specific placement, page position, or volume of traffic/ leads to the Empaneled Practitioner. The Empaneled Practitioner hereby releases and waives any claims against Ecuretrip regarding loss of revenue, goodwill, or business opportunity resulting from its position in the search results or any changes thereto.
For avoidance of any doubt, it is hereby clarified that Ecuretrip does not exercises any control over the fees to be charged by the Empaneled Practitioner to provide the Consultation, and Ecuretrip, as a technology platform facilitator, is monitoring such services to be provided by the Empaneled Practitioner merely from the perspective of improvising the experience of the Patients on the Platform.
(a)The Parties acknowledge that Ecuretrip operates a “marketplace e-commerce entity” and the Empaneled Practitioner is a “seller” on the Platform, as defined under the Consumer Protection (E-Commerce) Rules, 2020 (“E-Commerce Rules”). The Empaneled Practitioner agrees to strictly comply with all duties and obligations applicable to it as a seller under the E-Commerce Rules.
(b)The Empaneled Practitioner shall appoint a dedicated “Grievance Officer” for handling consumer complaints arising from the Consultation provided by it. The Empaneled Practitioner shall, prior to his/her listing on the Platform, provide Ecuretrip with the name, designation, and contact details (email and phone number) of its appointed Grievance Officer. The Empaneled Practitioner warrants that it shall ensure these details are kept accurate and up-to-date at all times and shall provide written intimation to Ecuretrip within 24 (twenty-four) hours of any change. It is clarified that the Empaneled Practitioners not appointing a dedicated Grievance Officer shall themselves be considered as the Grievance Officer for the purpose of the Agreement.
(c)Ecuretrip shall appoint a “Nodal Person” or “Nodal Officer” for the purpose of ensuring compliance with the Consumer Protection Act, 2019 and the rules thereunder.
(d)The Empaneled Practitioner's Grievance Officer shall be responsible for receiving and acknowledging any consumer complaint made by the Patient and/or forwarded by Ecuretrip or received directly within 48 (forty-eight) hours and resolving it within the statutory timeline of 1 (one) month from the date of receipt. The Empaneled Practitioner and its Grievance Officer shall extend full, unconditional, and time-bound cooperation to Ecuretrip's Nodal Officer to effectively resolve any consumer complaint, respond to any regulatory inquiry, or comply with any direction issued by a competent authority under Applicable Law.
(e)The Empaneled Practitioner remains solely responsible and liable for resolution of all consumer complaints and grievances related to the quality, efficacy, or delivery of Consultation. Any failure by the Empaneled Practitioner to comply with its obligations under this Clause, including its failure to appoint a Grievance Officer or its failure to resolve a complaint within the statutory timeline, shall be deemed a ‘Serious Breach’ of the Agreement.
(f)Notwithstanding the consequences of occurrence of Serious Breach, the Empaneled Practitioner shall be liable to indemnify and hold harmless the Indemnified Persons against any and all Losses arising from its breach of the E-Commerce Rules or its failure to resolve a consumer complaint in accordance with the above provision.
6.A breach of any of the provision of this policy, for which no consequences have been provided, will be dealt with as per Clause 2.4 of the Agreement.