Table of Content
- I. What is pragathihealth
- II. Eligibility
- III. Use of Services and the Website
- IV. Other Terms
- What is pragathihealth
- 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”.
- 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”).
- 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.
- 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:
- Email address;
- Last Name;
- Date of Birth;
- Valid financial account information; and
- Other details as the User may volunteer.
- 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.
- Organizations, companies, and businesses may not become registered members on the Website or use the Website through individual members.
- 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.
- 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.
- USE OF SERVICES AND THE WEBSITE
Terms for use of the Diagnostic Services:
- 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.
- 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.
- The Services may be subject to certain limitations, such as, limits on disk storage space, on the number of calls Third Party Labs are permitted to make against pragathihealth’s application programming interface, and, other limitations dependent on the Third Party Labs plan, for example, number of SMS, or number of Users. Any such limitations are specified in the Third Party Labs’ plans. The Services provide real-time information to enable Third Party Labs to monitor such Third Party Labs’ compliance with such limitations.
- 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.
- 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.
- OTHER TERMS
- Your Profile, Collection, Use, Storage and Transfer of Personal Information:
- Your pragathihealth profile is created to store record of Your Consultations and
Your personal health information online, including history, health conditions, allergies and medications.
- 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.
- the type of information collected from Users, including sensitive personal data or information;
- the purpose, means and modes of usage of such information; and
- how and to whom pragathihealth will disclose such information.
- the fact that the information is being collected;
- the purpose for which the information is being collected;
- the intended recipients of the information;
- 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.
- pragathihealth shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the Users to pragathihealth or any other person acting on behalf of pragathihealth.
- The Users are responsible for maintaining the confidentiality of the Users’ account access information and password. The Users shall be responsible for all uses of the Users’ account and password, whether or not authorized by the Users. The Users shall immediately notify pragathihealth of any actual or suspected unauthorized use of the Users’ account or password.
- If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or pragathihealth has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, pragathihealth shall have the right to suspend or terminate such account at its sole discretion.
- Payment, Fees and Taxes:
- Registration on the Website and the access to the information provided on the Website is free. pragathihealth does not charge any fee for accessing, browsing and buying through the Website. You agree to make all payments directly to the respective Third Party Pharmacies for purchase of Pharmaceutical Goods and Services from such Third Party Pharmacies. The Third Party Pharmacies may choose to either personally collect such payment from You or may use the services of collection agents duly appointed in this regard. You agree and acknowledge that You shall not hold pragathihealth responsible for any loss or damage caused to You during the process, due to any acts or omission on the part of third parties viz. the Third Party Pharmacies or the collection agents or for any actions/ omissions which are beyond the control of pragathihealth.
- In relation to the diagnostic services being availed from the Website, Third Party Labs agree to pay all package fees, consulting fees and other fees applicable to the Third Party Labs use of such Services and the Third Party Labs shall not circumvent the fee structure. The fee is dependent on the package that the Third Party Labs purchase and not on actual usage of the Services. In relation to the Users using the diagnostic Services, the Users agree to make all payments directly to the respective Third Party Labs for use of the diagnostic Services from the Website. You agree and acknowledge that You shall not hold pragathihealth responsible for any loss or damage caused to You during the process, due to any acts or omission on the part of the Third Party Labs’ any actions/ omissions which are beyond the control of pragathihealth.
- Each User / Third Party Service Providers are solely responsible for payment of all taxes, legal compliances, statutory registrations and reporting. pragathihealth is in no way responsible for any of the taxes except for its own income tax.
- The subscription fees for the Services, if any charged by pragathihealth, could be paid online through the facility made on the Website. Third parties support and services are required to process online fee payment. pragathihealth is not responsible for any loss or damage caused to User/ Third Party Service Providers during this process as these third parties are beyond the control of pragathihealth. The fees could also be paid offline and be either collected personally from the User/ Third Party Service Providers or required to be mailed to pragathihealth at the following address: Pragathi Healthcare, 8-2-686/K/6B, 1st Floor, Kimtee Towers, Road No.12, Banjara Hills, Hyderabad – 500034,
- All fees are exclusive of applicable taxes.
- pragathihealth reserves the right to modify the fee structure by providing on the Website which shall be considered as valid and agreed communication.
- Refund, Cancellation charges:
Each Covenanter undertakes that it shall not do any act or post, display, upload, modify, publish, transmit, update or share any information that -
- belongs to another person and to which the such Covenanter does not have any right;
- is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
- infringes any patent, trademark, copyright or other intellectual proprietary rights of any third party;
- violates any law for the time being in force;
- impersonates another person;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
- is prohibited under applicable law(s) for the time being in force including Drugs Act read with the Drugs Rules, the Drugs and Magic Act, the Indian Penal Code, 1860, as amended from time to time and rules made there under; and
- threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
You are also prohibited from:
- violating or attempting to violate the integrity or security of the Website or any pragathihealth Content;
- transmitting any information (including job posts, messages and hyperlinks) on or through the Website that is disruptive or competitive to the provision of Services by pragathihealth;
- intentionally submitting on the Website any incomplete, false or inaccurate information;
- making any unsolicited communications to other Covenanters;
- using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website;
- attempting to decipher, decompile, disassemble or reverse engineer any part of the Website;
- copying or duplicating in any manner any of the pragathihealth Content or other information available from the Website; and
- framing or hot linking or deep linking any pragathihealth Content.
- The Other Parties shall not hold pragathihealth responsible or liable in any way for any disclosures by pragathihealth under Regulation 6 of the SPI Rules.
- The Services provided by pragathihealth or any of its licensors or providers or Third Party Service 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). pragathihealth does not provide or make any representations, warranties or guarantees, express or implied about the Website or the Services. pragathihealth does not verify any content or information provided by the Other Parties on the Website and to the fullest extent permitted by applicable law(s), disclaims all liability arising out of the Other Parties’ use or reliance upon the Website, the Services, the pragathihealth Content, Third Party Contents, representations and warranties made by the Other Parties on the Website or any loss arising out of the manner in which the Services have been rendered.
- The Website may be linked to the website of third parties, affiliates and business partners. pragathihealth has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by / through the Website. Inclusion of any link on the Website does not imply that pragathihealth endorses the linked website. Other Parties may use the links and these services at their own risk.
- pragathihealth shall not be responsible for the mishaps/missed services due to no service/no show from the Other Parties; pragathihealth shall not be responsible for any error in any of the services being provided by the Third Party Service Providers.
- Users accept and acknowledge that pragathihealth does not provide any representation or give any guarantee or warranty (whether express or implied, or whether arising by virtue of a statue or otherwise in law or from a course of dealing or usage or trade) in relation to the goods/ products and services made available on its Website by Third Party Service Providers, including any guarantee or warrantee that such goods/ products (i) are merchantable; (ii) fit for the purpose of which they are to be (or have been) purchased;(iii) have accurate description; (iv) do not cause any infringement; and (v) that the Third Party Service Providers have legal title over the goods/products being offered for sale by them on the Website. pragathihealth also does not provide any representation or give any guarantee or warranty (whether express or implied) about the Website or any of the Services offered or services offered or provided by the Third Party Service Providers.
- The Other Parties further accept and acknowledge that pragathihealth does not verify any content or information provided by either the Users or the Third Party Services/ or obtained from the Users or the Third Party Service Providers, and to fullest extent permitted by applicable law(s), disclaims all liability arising out of the Other Parties’ use or reliance upon the Website, the Services, the pragathihealth Content, Third Party Content, representations and warranties made by the Other Parties on the Website or any opinion or suggestion given or expressed by pragathihealth or any Third Party Service Providers in relation to any Services provided by pragathihealth.
- pragathihealth assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect Other Parties’ equipment on account of the Other Parties’ 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 any of the Other Party is dissatisfied with the Website, the sole remedy of such Other Party(s) is to discontinue using the Website.
- The listing of Third Party Service Providers on the Website is based on numerous factors including Users comments and feedbacks. In no event shall the Protected Entities (as defined herein below) be liable or responsible for the listing order of Third Party Service Providers on the Website.
- To the maximum extent permitted by applicable law(s), pragathihealth, its affiliates, independent contractors, service providers, consultants, licensors, agents, and representatives, and each of their respective directors, officers or employees (“Protected Entities”), shall not be liable for any direct, indirect, special, incidental, punitive, exemplary or consequential damages, or any other damages of any kind, arising from, or directly or indirectly related to, (i) the use of, or the inability to use, the Website or the content, materials and functions related thereto; (ii) User's provision of information via the Website; even if such Protected Entity has been advised of the possibility of such damages.
- In no event shall the Protected Entities be liable for, or in connection with, (i) the provision of, or failure to provide, all or any products or service by a Third Party Service Provider to any User; or (ii) any comments or feedback given by any of the Users in relation to the goods or services provided by any Third Party Service Providers; or (ii) any content posted, transmitted, exchanged or received by or on behalf of any User, Third Party Service Providers or other person on or through the Website.
- pragathihealth disclaims any liability in relation to the validity and legality of the e-prescription for conduct of diagnostic tests. All liabilities arising out of any wrong diagnosis of medical condition by the Medical Experts and / or arising from the e-prescription will be of the concerned Medical Expert. Further, all liabilities arising out of any wrong diagnosis report by the Third Party Labs will be of the concerned Third Party Labs as the case may be.
- The Users acknowledge that the Protected Entities merely act in the capacity of facilitators between the Other Parties by providing a platform for them to interact and transact. In no event shall the Protected Entities be held liable for any of the losses attributable to Services offered through the Website.
- In no event shall the Protected Entities be liable for failure on the part of the Users or Third Party Service Providers to provide agreed services or to make himself/herself available at the appointed time, cancellation or rescheduling of appointments. In no event shall the Protected Entities be liable for any comments or feedback given by any of the Users in relation to the services provided by a Third Party Service Providers.
- 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.
- 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.
- 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.
- not accessing the Website; or
- closing their accounts for all of the Services that they use.
- pragathihealth is unable to verify or authenticate any information provided to pragathihealth by Other Party(s); or
- pragathihealth believes, in its sole discretion, that Other Party(s) actions may cause legal liability for pragathihealth (or any of its affiliates, independent contractors, service providers, consultants, licensors, agents, and representatives) or are contrary to the interests of the Website; or
- pragathihealth is required to do so by law; or
- 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
- 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
- pragathihealth has elected to discontinue, with or without reason, access to the Website or the Services (or any part thereof).
- 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.
- 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.
- 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.
- Force Majeure
- Governing Law and Dispute Resolution
Even after termination, certain obligations mentioned under Covenants, Liability, Indemnity, Intellectual Property, Dispute Resolution will continue and survive termination.
- Contact Information