Terms of Use
Terms of Use
A User of the Website with the intent to purchase Products or to avail any
Services as provided and offered by <<>> on its website.
ii.
The Services and the Products offered may change from time to time,
at the sole discretion of <<>>, and the Agreement will apply to your
visit to and your use of the Website to avail the Service or purchase
any Product, 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 account while you are registered as a member
with us, or use the Website without being registered with us. If you
have any questions about any part of the Agreement, feel free to
contact us at <<>>.
By downloading or accessing the Website to use the Services, you
irrevocably accept all the conditions stipulated in this Agreement
and agree to abide by them. This Agreement supersedes all previous
oral and written terms and conditions (if any) communicated to you.
viii.If you access your dependents record through your Health Account by
registering your dependents with your own Health Account, you are
deemed to be responsible for the records of your dependents and all
obligations that your dependants would have had had they maintained
their own separate individual Health Accounts.
3.2RANKING ALGORITHM
Practos ranking algorithm for the Practitioners is a fully automated
system that lists the Practitioners, their profile and information regarding
their Practice on its Website. These listings of Practitioners do not
represent any fixed objective ranking or endorsement by Practo. Practo
will not be liable for any change in the ranking of the Practitioners, which
may take place from time to time. The listing of Practitioners will be based
on automated computation of the various factors including inputs made
by the Users including their comments and feedback. The ranking
alogorithm is proprietary technology and cannot be disclosed in full. Such
factors may change from time to time, in order to improve the listing
algorithm. Practo in no event will be held responsible for the accuracy and
the relevancy of the listing order of the Practitioners on the Website.
3.3LISTING CONTENT AND DISSEMINATING INFORMATION
3.3.1Practo collects, directly or indirectly, and displays on the Website,
relevant information regarding the profile and practice of the Practitioners
listed on the Website, such as their specialisation, qualification, fees,
location, visiting hours, and
similar details. Practo takes reasonable efforts to ensure that such
information is updated at frequent intervals. Although Practo screens and
vets the information and photos submitted by the Practitioners, it cannot
be held liable for any inaccuracies or incompleteness represented from it,
despite such reasonable efforts.
3.3.2The Services provided by Practo or any of its licensors or service
providers are provided 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 andnon-infringement, arising by statute or otherwise in law or from a
course of dealing or usage or trade). Practo does not provide or make any
representation, warranty or guarantee, express or implied about the
Website or the Services. Practo does not guarantee the accuracy or
completeness of any content or information provided by Users on the
Website. To the fullest extent permitted by law, Practo disclaims all liability
arising out of the Users use or reliance upon the Website, the Services,
representations and warranties made by other Users, the content or
information provided by the Users on the Website, or any opinion or
suggestion given or expressed by Practo or any User in relation to any
User or services provided by such User.
3.3.3The Website may be linked to the website of third parties, affiliates
and business partners. Practo has no control over, and 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 Practo endorses the linked site. User
may use the links and these services at Users own risk.
3.3.4Practo assumes no responsibility, and shall not be liable for, any
damages to, or viruses that may infect Users equipment on account of
Users 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, Users sole remedy is to
discontinue using the Website.
3.3.5If Practo determines that you have provided fraudulent, inaccurate,
or incomplete information, including through feedback, Practo reserves
the right to immediately suspend your access to the Website or any of
your accounts with Practo and makes such declaration on the website
alongside your name/your clinics name as determined by Practo for the
protection of its business and in the interests of Users. You shall be liable
to indemnify Practo for any losses incurred as a result of your
misrepresentations or fraudulent feedback that has adversely affected
Practo or its Users.
3.4APPOINTMENT BOOKING AND INTERACTION WITH PRACTITIONERS
3.4.1.While Practo will try to ensure a confirmed appointment for a EndUser who requested an appointment on Website, Practo does not
guarantee that a patient will get a confirmed appointment. Further, Practo
has no liability if such appointment is
confirmed but later cancelled by Practices or Practitioners, or the
Practitioners are not available as per the given appointment time.
3.4.2Practo provides value added telephonic services which connects
Users directly to the Practitioners and the information exchanged
between the User and the Practitioners is stored and used in accordance
with the Privacy Policy. However, it is at the discretion of the User, to avail
the Service. If a User has used the telephony service, Practo reserves the
right to share the contact details of the User with the Practitioners
contacted.
3.4.3You understand and agree that any interactions and associated
issues with other Users including but not limited to your health issues and
your experiences is strictly between you and the other Users. You shall
not hold Practo responsible for any such interactions and associated
issues. For avoidance of doubt, Practo is not involved in providing any
healthcare or medical advice or diagnosis and hence is not responsible for
any outcome between you and the Practitioner you interact with,
pursuant to any interactions on the Website. If you decide to engage with
a Practitioner to provide medical services to you, you do so at your own
risk. The results of any search you perform on the Website for
Practitioners should not be construed as an endorsement by Practo of
any such particular Practitioner. Practo shall not be responsible for any
breach of service or service deficiency by any Practitioner. We cannot
assure nor guarantee the ability or intent of the Practitioner(s) to fulfill
their obligations towards you. We advise you to perform your own
investigation prior to selecting a Practitioner.
3.4.4Without prejudice to the generality of the above, Practo will not be
liable for:
i.any wrong medication or treatment quality being given by the
Practitioner(s), or any medical negligence on part of the
Practitioner(s);
ii.any type of inconvenience suffered by the User due to a failure on
the part of the Practitioner to provide agreed services or to make
himself/herself available at the appointed time, no show by the
Practitioner, inappropriate treatment, or similar difficulties;
iii.any misconduct or inappropriate behavior by the Practitioner or the
Practitioners staff;
iv.cancellation or rescheduling of booked appointment or any
variance in the fees charged;
v.any medical eventualities that might occur subsequent to using the
services of a Practitioner, whom the User has selected on the basis of
the information available on the Website or with whom the User has
booked an appointment through the Website.
3.4.5Further, Practo shall not be liable, under any event, for any
comments or feedback given by any of the Users in relation to the
services provided by another User. All such feedback should be made in
accordance with applicable law. The option of Users to give feedback
remains at Practos sole discretion and may be modified or withdrawn at
its sole discretion. Practo may moderate such feedback at any time.
Practo shall not be obliged to act in any manner to give effect to the
content of Users feedback, such as suggestions for delisting of a
particular Practitioner from the Website.
3.5NO DOCTOR PATIENT RELATIONSHI NOT FOR EMERGENCY USE
3.5.1Please note that some of the content, text, data, graphics, images,
information, suggestions, guidance, and other material (collectively,
Information) that may be available on the Website (including information
provided in direct response to your questions or postings) may be
provided by individuals in the medical profession. The provision of such
Information does not create a licensed medical professional/patient
relationship, between Practo and you and does not constitute an opinion,
medical advice, or diagnosis or treatment of any particular condition, but
is only provided to assist you with locating appropriate medical care from
a qualified practitioner.
3.5.2It is hereby expressly clarified that, the Information that you obtain
or receive from Practo, and its employees, contractors, partners,
sponsors, advertisers, licensors or otherwise on the Website is for
informational purposes only. We make no guarantees, representations or
warranties, whether expressed or implied, with respect to professional
qualifications, quality of work, expertise or other information provided on
the Website. In no event shall we be liable to you or anyone else for any
decision made or action taken by you in reliance on such information.
3.5.3The Services are not intended to be a substitute for getting in touch
with emergency healthcare. If you are an End-User facing a medical
emergency (either on your or a another persons behalf), please contact
an ambulance service or hospital directly.
3.6 PRACTO CONSULT
between the User and the Practitioner. The User shall not hold Practo
responsible for any such interactions and associated issues.Practo is not
involved in providing any healthcare or medical advice or diagnosis and
hence is not responsible for any outcome between the User and the
Practitioner, the User interacts with. If you decide to engage with a
Practitioner to provide medical services to you, you do so at your own risk.
Practo shall not be responsible for any breach of service or service
deficiency by any doctor or health care provider.
3.7CONTENT OWNERSHIP AND COPYRIGHT CONDITIONS OF ACCESS
3.7.1The contents listed on the Website are (i) User generated content, or
(ii) belong to Practo. The information that is collected by Practo directly or
indirectly from the End- Users and the Practitioners shall belong to Practo.
Copying of the copyrighted content published by Practo on the Website
for any commercial purpose or for the purpose of earning profit will be a
violation of copyright and Practo reserves its rights under applicable law
accordingly.
3.7.2Practo 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, "Practo Content"), are the property of Practo
and are protected under copyright, trademark and other laws. User
shall not modify the Practo Content or reproduce, display, publicly
perform, distribute, or otherwise use the Practo Content in any way
for any public or commercial purpose or for personal gain.
3.7.3User shall not access the Services for purposes of monitoring their
availability, performance or functionality, or for any other benchmarking
or competitive purposes.
3.8REVIEWS AND FEEDBACK
By using this Website, you agree that any information shared by you
with Practo or with any Practitioner will be subject to our Privacy
Policy.
You are solely responsible for the content that you choose to submit for
publication on the Website, including any feedback, ratings, or reviews
4.1.7You as a Practitioner hereby represent and warrant that you will use
the Services in accordance with applicable law. Any contravention of
applicable law as a result of your use of these Services is your sole
responsibility, and Practo accepts no liability for the same.
4.2PROFILE OWNERSHIP AND EDITING RIGHTS
Practo ensures easy access to the Practitioners by providing a tool to
update your profile information. Practo reserves the right of ownership of
all the Practitioners profile and photographs and to moderate the
changes or updates requested by Practitioners. However, Practo takes the
independent decision whether to publish or reject the requests submitted
for the respective changes or updates. You hereby represent and warrant
that you are fully entitled under law to upload all content uploaded by you
as part of your profile or otherwise while using Practos services, and that
no such content breaches any third party rights, including intellectual
property rights. Upon becoming aware of a breach of the foregoing
representation, Practo may modify or delete parts of your profile
information at its sole discretion with or without notice to you.
4.3REVIEWS AND FEEDBACK DISPLAY RIGHTS OF PRACTO
4.3.1All Critical Content is content created by the Users
of www.practo.com (Website) and the clients of Practo customers and
Practitioners, including the End-Users. As a platform, Practo does not take
responsibility for Critical Content and its role with respect to Critical
Content is restricted to that of an intermediary under the Information
Technology Act, 2000. The role of Practo and other legal rights and
obligations relating to the Critical Content are further detailed in
Paragraphs 3.6 and 6 of these Terms. Practos Feedback Collection and
Fraud Detection Policy, is annexed as the Schedule hereto, and remains
subject always to these Terms.
4.3.2Practo reserves the right to collect feedback and Critical Content for
all the Practitioners, Clinics and Healthcare Providers listed on the
Website.
4.3.3Practo shall have no obligation to pre-screen, review, flag, filter,
modify, refuse or remove any or all Critical Content from any Service,
except as required by applicable law.
4.3.4You understand that by using the Services you may be exposed to
Critical Content or other content that you may find offensive or
Practo reserves the rights to display sponsored ads on the Website. These
ads would be marked asSponsored Listings. Without prejudice to the
status of other content, Practo will not be liable for the accuracy of
information or the claims made in the Sponsored Listings. Practo does not
encourage the Users to visit the Sponsored Listings page or to avail any
services from them. Practo will not be liable for the services of the
providers of the Sponsored Listings.
You represent and warrant that you will use these Services in accordance
with applicable law. Any contravention of applicable law as a result of your
use of these Services is your sole responsibility, and Practo accepts no
liability for the same.
6. PRACTO CONSULT
6.1Practo Consult enables Practitioners to connect with the Users by
responding to the health related queries posted by them on their Health
Accounts using the special software application provided to Practitioners
by Practo (Doctor App).
6.2The User may post two types of queries on their Health Accounts (i)
public query, which is sent through Practo Consult to multiple
Practitioners and enables any of the chosen Practitioner to respond to the
query posted; and (ii) private query, which will be only sent to the
Practitioner that the User has chosen.
6.3The public queries posted by the Users are sent to multiple
Practitioners through a fully automated system installed in the Doctor
App. The automated system chooses Practitioners based on inter alia the
information furnished by each Practitioner, the number of questions
answered by the Practitioner and the rating or reviews procured by the
Practitioner. Practo does not guarantee in any manner that any query will
be directed to a particular Practitioner and will not be responsible for the
Practitioners chosen to respond to the queries.
6.4Practitioner agrees that, when providing any written response to a
Users query that constitutes a performance of his/her services, the
Practitioner shall not post language that may be considered abusive,
objectionable or demeaning to the User or in general.
6.5In the event, the Practitioner indicates as part of his response the preconsultation fee payable for the advice solicited through the private
query, Practo shall provide the User an option to directly remit the
iii. Practo in its sole and absolute discretion believes that actions of the
Practitioner may cause legal liability for Practo or other Users and / or
may adversely affect the services rendered by Practo.
6.8.5Practitioner hereby agrees that, for any User that contacts the
Practitioner using Practo Consult, only he/she shall be allowed to perform
the services for the User and that the Practitioner may under no
circumstances be permitted to transfer the performance of Your Services
to any other person, whether under their supervision or not. The
Practitioner accepts all responsibility and liability for the use of Practo
Consult, including the performance of its services, by any other party
claiming to be the Practitioner and hereby agrees to indemnify Practo
against any claim or loss that may be faced by Practo consequent to such
use.
6.8.6Practitioner hereby agrees to hold in strictest confidence all
information provided by a User to him/her under all circumstances.
Practitioner agrees that he/she shall not disclose any information or
documentation provided by a User to any other person, nor shall he/she
allow, by act or omission, such information or documentation to be
acquired by any other person.
6.8.7Practitioner agrees to render his/her services and fulfill their
obligations towards their patients using their best efforts, skill and ability.
6.8.8Practitioner agrees and understands that some or all his/her may be
made available to the general public through the Doctor App or otherwise
by the Company and that he/she has no objection to the same.
6.8.9Practitioner hereby agrees to assign to Practo in perpetuity all
intellectual property rights residing in the responses provided by him/her
for use by Practo worldwide.
6.8.10Practitioner hereby agrees not to seek the contact details of any
User or to contact any User except through the Doctor App.
6.8.11Any communication sent by or through Practo to the Practitioner is
based solely on information uploaded by the Users. Practo shall not be
responsible for the incompleteness or inaccuracy such information,
including if as a result of such inaccuracy, a communication is sent to an
unintended recipient.
11.1 You agree that this Agreement and any contractual obligation
between Practo and User will be governed by the laws of India.
11.2Any dispute, claim or controversy arising out of or relating to this
Agreement, including the determination of the scope or applicability of
this Agreement to arbitrate, or your use of the Website or the Services or
information to which it gives access, shall be determined by arbitration in
India, before a sole arbitrator appointed by Practo. Arbitration shall be
conducted in accordance with the Arbitration and Conciliation Act, 1996.
The seat of such arbitration shall be Bangalore. All proceedings of such
arbitration, including, without limitation, any awards, shall be in the
English language. The award shall be final and binding on the parties to
the dispute.
11.3 Subject to the above Paragraph 10.2, the courts at Bengaluru
shall have exclusive jurisdiction over any disputes arising out of or in
relation to this Agreement, your use of the Website or the Services or
the information to which it gives access.
12.CONTACT INFORMATION GRIEVANCE OFFICER
12.1If a User has any questions concerning Practo, the Website, this
Agreement, the Services, or anything related to any of the foregoing,
Practo customer support can be reached at the following email
[email protected] or via the contact information available from
the following hyperlink:www.practo.com/contact.
12.2In accordance with the Information Technology Act, 2000, and
the rules made there under, if you have any grievance with respect
to the Website or the service, including any discrepancies and
grievances with respect to processing of information, you can
contact our Grievance Officer at:
Name: Amal Kiran
Designation: Head Customer Experience
Road,