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Terms and Conditions

TERMS OF USE

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING OR USING THIS INTERNET BASED PLATFORM, YOU AGREE TO BE BOUND BY THE TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT BROWSE THIS WEBSITE.

Table of Content

  1. I. What is pragathihealth
  2. II. Eligibility
  3. III. Use of Services and the Website
  4. IV. Other Terms
  1. What is pragathihealth
    1. The domain name www.pragathihealth.com, an internet based portal and pragathihealth a mobile application, is owned and operated by a Proprietorship in the name of Pragathi Healthcare. The domain name and the mobile application are collectively referred to as the “Website”.
    1. Your access or use of the Website, transaction on the Website and use of Services (as defined herein below) hosted or managed remotely through the Website, are governed by the following terms and conditions (hereinafter referred to as the Terms of Use”), including the applicable policies which are incorporated herein by way of reference. These Terms of Use constitutes a legal and binding contract between you (hereinafter referred to as “You” or “Your” or the “User”) on one part and pragathihealth on the other Part.
    1. By accessing, browsing or in any way transacting on the Website, or availing any Services, You signify your agreement to be bound by these Terms of Use. Further, by impliedly or expressly accepting these Terms of Use, you also accept and agree to be bound by Our policies, including the Privacy Policy (as set out in Part B herein below), and such other rules, guidelines, policies, terms and conditions as are relevant under the applicable law(s) in India and other jurisdictions for the purposes of accessing, browsing or transacting on the Website, or availing any of the Services, and such rules, guidelines, policies, terms and conditions shall be deemed to be incorporated into, and considered as part and parcel of these Terms of Use. However, if you navigate away from the Website to a third party website, you may be subject to alternative terms and conditions of use and privacy policy, as may be specified on such website. In such event, the terms and conditions of use and privacy policy applicable to that website will govern your use of that website.
    1. The Website is a platform that facilitates (i) diagnostic services being offered by various third party diagnostic centers (“Third Party Labs”); and (ii) online advertisements of various sponsors advertising and marketing their own good and services (“Third Party Advertisers”). The Third Party Labs, Medical Experts and the Third Party Advertisers are collectively referred to as the “Third Party Service Providers”. Further the Website also serves as an information platform providing health and wellness related information to the Users accessing the Website (The services of Third Party Services Provider and the information services is collectively referred to as the “Services”).
    1. The arrangement between the Third Party Service Providers, You and Us shall be governed in accordance with these Terms of Use. The Services would be made available to such natural persons who have agreed to use the Website after obtaining due registration, in accordance with the procedure as determined by Us, from time to time, (referred to as “You” or “Your” or “Yourself” or “User”, which terms shall also include natural persons who are accessing the Website merely as visitors). The Services are offered to You through various modes which shall include issue of discount coupons and vouchers that can be redeemed for various goods/ services offered for sale by relevant Third Party Service Providers. To facilitate the relation between You and the Third Party Service Providers through the Website, pragathihealth shall send to You (promotional content including but not limited to emailers, notifications and messages).
    1. You agree and acknowledge that the Website is a platform that You and Third Party Service Providers utilize to meet and interact with another for their transactions. pragathihealth is not and cannot be a party to or save as except as may be provided in these Terms of Use, control in any manner, any transaction between You and the Third Party Service Providers.
    1. pragathihealth reserves the right to change or modify these Terms of Use or any policy or guideline of the Website including the Privacy Policy, at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting the revisions on the Website and You waive any right You may have to receive specific notice of such changes or modifications. Your continued use of the Website will confirm Your acceptance of such changes or modifications; therefore, You should frequently review these Terms of Use and applicable policies to understand the terms and conditions that apply to Your use of the Website.
    1. As a condition to Your use of the Website, You must be 18 (eighteen) years of age or older to use or visit the Website in any manner. By visiting the Website or accepting these Terms of Use, You represent and warrant to pragathihealth that You are 18 (eighteen) years of age or older, and that You have the right, authority and capacity to use the Website and agree to and abide by these Terms of Use.
    1. These Terms of Use is published in compliance of, and is governed by the provisions of Indian laws, including but limited to:
      • the Indian Contract Act, 1872 (“Contract Act”);
      • the (Indian) Information Technology Act, 2000 (“IT Act”) and the rules, regulations, guidelines and clarifications framed thereunder, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011, and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (“IG Guidelines”);
      • The Indian Medical Council Act, 1956 read with the Indian Medical Council Rules, 1957; and
      • the Consumer Protection Act, 1986.
    1. pragathihealth authorizes You to view and access the content available on the Website solely for the purposes of availing the Services, such as visiting, using, ordering, receiving, delivering and communicating only as per these Terms of Use. The contents on the Website including information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content, contains Third Party Service Providers’ content (“Third Party Content”) as well as in-house content provided by pragathihealth including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals (“pragathihealth Content”) (collectively, “Content”). The pragathihealth Content is the property of pragathihealth and is protected under copyright, trademark and other applicable law(s). You shall not modify the pragathihealth Content or reproduce, display, publicly perform, distribute, or otherwise use the pragathihealth Content in any way for any public or commercial purpose or for personal gain.
    1. Compliance with these Terms of Use would entitle You to a personal, non-exclusive, non-transferable, limited privilege to access and transact on the Website.
    1. These Terms of Use constitute an electronic record in terms of the IT Act and rules framed there under, as applicable and amended from time to time. This electronic record is generated by a computer system and does not require any physical or digital signatures.
  1. ELIGIBILITY
  1. For the purposes of availing the Services and/or transacting with the Third Party Service Providers through the Website, You are required to obtain registration, in accordance with the procedure established by pragathihealth in this regard. As part of the registration process, pragathihealth may collect the following personal information from You:
  1. Email address;
  2. Password;
  1. Last Name;
  2. Gender;
  3. Date of Birth;
  1. State;
  2. District;
  3. City;
  1. The registration on or use/ access of the Website is only available to natural persons, other than those who are ‘incompetent to contract’ under the Contract Act. That is, persons including minors, un-discharged insolvents etc. are not eligible to register on, or use/ access the Website. By registering, accessing or using the Website, You accept the terms of these Terms of Use and represent and warrant to pragathihealth that you are ‘competent to contract’ under the Contract Act and have the right, authority and capacity to use the Website and agree to and abide by these Terms of Use.
  1. A registered id can only be utilized by the person whose details have been provided and pragathihealth does not permit multiple persons to share a single log in/ registration id. However, a registered user, being also a parent or legal guardian of a person ‘incompetent to contract’ such as minors or persons with unsound mind, would be permitted to access and use the Website for the purposes of procuring the Services, on behalf of such persons.
  1. Organizations, companies, and businesses may not become registered members on the Website or use the Website through individual members.
  1. You agree and acknowledge that You would (i) create only 1 (one) account; (ii) provide accurate, truthful, current and complete information when creating Your account and in all Your dealings through the Website; (iii) maintain and promptly update Your account information; (iv) maintain the security of Your account by not sharing Your password with others and restricting access to Your account and Your computer; (v) promptly notify pragathihealth if You discover or otherwise suspect any security breaches relating to the Website; and (vi) take responsibility for all the activities that occur under Your account and accept all risk of unauthorized access.
  1. The Website uses temporary cookies to store certain data (that is not sensitive personal data or information) that is used by pragathihealth for the technical administration of the Website, research and development, and for User administration. In the course of serving advertisements or optimizing services to You, pragathihealth may allow authorized third parties to place or recognize a unique cookie on the Your browser. pragathihealth does not store personally identifiable information in the cookies.
  1. pragathihealth, at its sole discretion, reserves the right to permanently or temporarily suspend Users, to bar their use and access of the Website and App, at any time while pragathihealth investigates complaints or alleged violations of these Terms of Use or any Services, or for any other reason.

As a condition of Your use of and access to the diagnostic services provided through the Website and Your acceptance of these Terms of Use, You are subject to the following rules/ guidelines:

Terms for use of the Diagnostic Services:

pragathihealth provides Services through the Website as a marketplace and facilitates the Users to avail diagnostic test/ packages facilities offered by Third Party Labs through the Website. pragathihealth is not and shall not be responsible for any sample collected, tests conducted and reports generated by the Third Party Labs and does not deal with any of Third Party Labs’ client or patient managed by Third Party Labs through the Website and only provides facilitation Services to the Users through the Website. Use of the Website may require the Third Party Labs to use software and the Third Party Labs have to ensure the procurement of such software from the concerned providers. User and the Third Party Labs agree to use the Website and the materials provided therein only for purposes that are permitted by: (a) these Terms of Use; and (b) any applicable law(s), regulation or generally accepted practices or guidelines in the relevant jurisdictions.

  1. The Third Party Labs may not access the Services if the Third Party Labs are pragathihealth’s direct competitor, except with pragathihealth’s prior written consent. In addition, the Third Party Labs may not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
  2. pragathihealth will provide to the Third Party Labs basic support for the Services at no additional charge, and/or upgraded support if purchased separately and will use commercially reasonable efforts to make the Services available 24 (twenty-four) hours a day, 7 (seven) days a week, except for (i) planned downtime or (ii) any unavailability caused by circumstances beyond pragathihealth’s reasonable control, including without limitation Force Majeure Events (as defined herein below). pragathihealth will provide the Services only in accordance with applicable law(s) and government regulations.
  1. Notwithstanding anything to the contrary contained herein, Third Party Labs alone shall be liable for Third Party Labs’ dealings and interaction with the Users who avail the services of the Third Party Labs or diagnostic centres contacted or managed through the Website and pragathihealth shall have no liability or responsibility in this regard. pragathihealth does not guarantee or make any representation with respect to the correctness, completeness or accuracy of the information or details provided by such User, Third Party Labs or any diagnostic centre or any third party through the Website. The Services should not be used for emergency appointment purposes.
  2. Notwithstanding anything to the contrary contained herein, Third Party Labs alone shall be liable for dealings and interaction with Users contacted or managed through the Website and pragathihealth shall have no liability or responsibility in this regard. pragathihealth does not guarantee or make any representation with respect to the correctness, completeness or accuracy of the tests conducted and reports generated by the Third Party Labs.
  3. pragathihealth may, at its sole discretion, suspend Third Party Labs or Users ability to use or access the Website at any time while pragathihealth investigates complaints or alleged violations of these Terms of Use, or for any other reason. pragathihealth has the right to edit profiles of Third Party Labs to make them more suitable for package searches on the Website. If Third Party Labs and/ or Users find any wrong information on the Website in relation to such Third Party Labs and/ or User, they can correct it themselves or contact pragathihealth immediately for such corrections. pragathihealth shall have no liability or responsibility in this regard.
  1. OTHER TERMS
  1. Your Profile, Collection, Use, Storage and Transfer of Personal Information:
  1. Your pragathihealth profile is created to store record of Your Consultations and

Your personal health information online, including history, health conditions, allergies and medications.

  1. Any information provided as part of a web Consultation or obtained from use of the Services by You becomes part of Your pragathihealth record. You agree to provide accurate information to help Us serve You best to Our knowledge, to periodically review such information and to update such information as and when necessary. pragathihealth reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the Website according to its internal record retention and/or destruction policies. You might be contacted via email to review the information provided by You for pragathihealth’s record or for the Services. Please make sure You provide a valid email-id and You update it as and when needed.
  1. The terms “personal information” and “sensitive personal data or information” are defined under the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), and are reproduced in the Privacy Policy.
  2. The Privacy Policy sets out:
  3. the type of information collected from Users, including sensitive personal data or information;
  1. The Users are expected to read and understand the Privacy Policy, so as to ensure that he or she has the knowledge of:
  1. the fact that the information is being collected;
  2. the purpose for which the information is being collected;
  3. the intended recipients of the information;
  1. Payment, Fees and Taxes:
  1. Refund, Cancellation charges:

We offer return and refund on the products and Services ordered by You on the Website which are subject to further terms and conditions as detailed in the refund and cancellation charges policy (“Refund and Cancellation Policy”). The Refund and Cancellation Policy forms an integral part of these Terms of Use and the Users are requested to carefully read the same.

Covenants: (Covenanters for the purposes of these Terms of Use shall include the Users and the Third Party Service Providers)

Each Covenanter undertakes that it shall not do any act or post, display, upload, modify, publish, transmit, update or share any information that -

You are also prohibited from:

  1. pragathihealth, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information as mentioned in this Clause 4, shall be entitled to disable such information that is in contravention of this Clause 4 or any provisions of these Terms of Use. pragathihealth shall be entitled to preserve such information and associated records for at least 90 (ninety) days for production to governmental authorities for investigation purposes.
  2. In case of non-compliance with any applicable law(s), rules or regulations, or these Terms of Use or the Privacy Policy by a Covenanter, pragathihealth has the right to immediately terminate the access or usage rights of the Covenanter to the Services and to remove noncompliant information.
  1. Liability
  1. Indemnity

The Covenanters agree to defend, indemnify and hold harmless pragathihealth, the Protected Entities, independent contractors, service providers, consultants, licensors, agents, and representatives, and each of their respective directors, officers and employees, from and against any and all claims, losses, liability, damages, and/or costs (including, but not limited to, reasonable attorney fees and costs) arising from or related to (a) Covenanters access to or use of Website; (b) Covenanters violation of these Terms of Use or any applicable law(s); (c) Covenanters violation of any rights of another person/ entity, including infringement of their intellectual property rights; or (d) Covenanters conduct in connection with the Website.

  1. Modification of Website

pragathihealth reserves the right to modify or discontinue, temporarily or permanently, the Website or any features or portions thereof without prior notice. Other Parties agree that pragathihealth will not be liable for any modification, suspension or discontinuance of the Website or any other part thereof.

  1. Intellectual property rights

All the intellectual property used on the Website except those which have been identified as the intellectual properties of the Other Parties shall remain the exclusive property of the Company. The Other Parties agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any materials or enforce limitations on use of the Website or the materials therein. The materials on the Website or otherwise may not be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted or transmitted in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording or other means.

  1. Compliance of Applicable Law

While communicating / transacting with each other through the Website, the Other Parties shall at all times ensure full compliance with the applicable provisions of the Contract Act, IT Act, IG Guidelines, Drugs Act read with the Drug Rules, Drugs and Magic Act, The Indian Medical Council Act, 1956 read with the Indian Medical Council Rules, 1957, Pharmacy Act, Consumer Protection Act, 1986, SPI Rules, etc (“Captioned Laws”). as well as all other laws for the time being in force, and ensure due payment of applicable taxes.

Termination (Parties for the Purpose of these Terms of Use shall collectively mean the Other Parties and pragathihealth)

The provisions of these Terms of Use shall continue to apply until terminated by either of the Party as set for below:

  1. In case of Other Parties wanting to terminate these Terms of Use, Other Parties may do so by:
  1. not accessing the Website; or
  2. closing their accounts for all of the Services that they use.
  1. pragathihealth reserves the right to, at any time, and with or without notice, terminate these Terms of Use against each of the Users or the Third Party Service Providers or the Other Parties as a whole, if there is:
  1. breach any of applicable law(s), including but not limited to the Captioned Laws or the provisions of these Terms of Use or the terms of the Privacy Policy or any other terms, conditions, or policies that may be applicable to the Other Parties from time to time (or have acted in a manner that clearly shows that Other Party(s) do not intend to, or are unable to, comply with the same); or
  2. pragathihealth is unable to verify or authenticate any information provided to pragathihealth by Other Party(s); or
  1. pragathihealth is required to do so by law; or
  2. if Other Party(s) fail to provide (or after providing such consent, later revoke) the consents necessary or desirable for pragathihealth to provide the Services to the Other Party(s); or
  3. The provision of the Services to the Other Party(s), or to the general public, is in pragathihealth’s opinion, no longer commercially viable; or
  1. pragathihealth may also terminate or suspend (temporarily or permanently) all or a portion of Other Party(s) account or access to the Services, with or without reason. Except as may be set forth in any of the terms applicable to a particular Service, termination of Other Party(s) account may include: (i) removal of access to all offerings within the Website or with respect to the Services; and (ii) barring Other Party(s) from further use or access of the Website or of any of the Services.
  1. Once terminated or suspended (temporarily or permanently), Other Party(s) may not continue to use the Website under the same account, a different account or re-register under a new account.
  1. Upon termination of these Terms of Use, pragathihealth shall have no obligation to maintain or provide any of Other Party(s) data and may thereafter, unless legally prohibited, delete all of Other Party(s) data in its systems or otherwise in its possession or under its control, including but not limited to Other Party(s) personal information, log-in ID and password and all related information and any other files associated with or inside Other Party(s) account (or any part thereof).
  1. pragathihealth reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of the Other Party(s) content from the Website with or without ability to access the Website and the other Services, upon any breach by the Other Party(s) of these Terms of Use or if pragathihealth is unable to verify or authenticate any information the Other Party(s) submits to pragathihealth, or if the Other Party(s) fail to provide (or after providing such consent, later revokes) the consents necessary or desirable for pragathihealth to provide the Services to the Other Party(s).
  1. The right to terminate / suspend the account is in addition to, and without prejudice to, pragathihealth’s right to initiate action against the Other Party(s), in accordance with applicable law.
  1. Force Majeure

Other Parties accept and acknowledge that pragathihealth shall not be liable for any loss or damage caused to the User as a result of delay or default or deficiency or failure in the Services as a result of any natural disasters, fire, riots, civil disturbances, actions or decrees of governmental bodies, communication line failures (which are not caused due to the fault of pragathihealth or the Third Party Service Providers), or any other delay or default or deficiency or failure which arises from causes beyond pragathihealth’s reasonable control (“Force Majeure Event”). In the event of any Force Majeure Event arising, pragathihealth, depending on whose performance has been impacted under the Terms of Use, shall immediately give notice to the Other Party(s) of the facts which constitute the Force Majeure Event.

  1. Governing Law and Dispute Resolution

These Terms of Use and any contractual obligation between the Parties will be governed by the laws of India, without reference to the conflict of laws principles. Any legal action or proceeding related to Other Party(s) access to, or use of, the Website or these Terms of Use shall be subject to the exclusive jurisdiction of the courts at Hyderabad. All disputes will be subject to arbitration at Hyderabad in English by a sole arbitrator appointed by pragathihealth under the Arbitration and Conciliation Act, 1996.

  1. Survival

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

  1. Severability
  1. Waiver

No provision of these Terms of Use shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by pragathihealth. Any consent by pragathihealth to, or a waiver by pragathihealth of any breach by Other Parties, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

  1. Headings

The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of these Terms of Use.

  1. Contact Information

If any Other Party(s) has any grievance, comment, question or suggestion regarding any of our Services, please contact our customer service at pragathihealth@gmail.com. If any Other Party(s) has any questions concerning pragathihealth, the Website, these Terms of Use, or anything related to any of the foregoing, pragathihealth can be reached at the following email address pragathihealth@gmail.com.