This document contains important information that you need to consider before start using this Website, its features or services provided.
Effective Date (Last Modified): 26 April 2018
The domain/website www.pehalhealthcare.com is owned, operated and regularly updated by PehalHealthcare Technologies Private Limited having its registered office at Menaka-1,# 503,Indirapuram, Ghaziabad, Uttar Pradesh, India.
1. NATURE AND APPLICABILITY OF TERMS
The terms 'You' or 'Your' refer to You as the user (irrespective of whether You are a Non-Registered User or a Registered User or a Healthcare Provider (HCP)) and the terms ' PehalHealthcare ', 'pHcare', 'We', 'Us', 'Company', and 'Our' refer to PehalHealthcare Technologies Private Limited.
This Agreement will continue to apply if You are accessing the PehalHealthcare mobile application. In addition, there may be additional terms (such as the terms imposed by mobile application stores) which will govern the use of the mobile application. In such case, the term 'Website' will be deemed to refer to the PehalHealthcare mobile application as well. The features / services of this Website are available only in India as of now. In addition, Non-Registered Users outside India may browse through the information provided in the Website. This Agreement supersedes all previous oral and written terms and conditions (if any) communicated to You.
2. CONDITIONS OF USE
You must be 18 years of age or older to create an account, register, use the Services, or visit or use the Website in any manner. By registering, visiting and using the Website or accepting this Agreement, you represent and warrant to PehalHealthcare that you are 18 years of age or older, and that you have the right, authority and capacity to use the Website and the Services available through the Website, and agree to and abide by this Agreement.
3. ABOUT THE WEBSITE
You acknowledge that although some Content may be provided by healthcare professionals, the provision of such Content does not create a medical professional/patient relationship, and does not constitute an opinion, medical advice, or diagnosis or treatment, but is provided to assist you in choosing a doctor, dentist or other healthcare specialist, professional, provider, or organization (collectively, "Healthcare Provider"). "Content" means content, text, data, graphics, images, photographs, video, audio, information, suggestions, guidance, and other materials provided, made available or otherwise found through the Services and/or Site, including, without limitation, Content provided in direct response to your questions or postings.
The Website is available & accessible to all kinds of users such as non-registered users, registered users and healthcare providers. 'Registered Users' are those users who have registered themselves an account on the Website by providing Us with some information and who can log on to the Website by providing their username and password. 'Non-Registered Users' are those users who are not registered with the Website but may access information on the Website. Some features of the Website are available to Registered Users only 'Health Care Providers' or 'HCPs' are duly qualified members of medical or dental profession and (a) with whom Registered Users can book appointment using the Website or (b) who can provide information to questions raised by Registered Users or (c) with whom Registered Users can consult privately with respect to their queries or d) who can generate and provide health related information and education material for general use of Registered Users. Registered Users, Non-Registered Users and HCPs shall collectively be referred to as 'Users'
Website Offerings for Registered Users:
Registered Users can access the information shared by HCPs at the time of registering with the Website such as the HCPs' profile containing their name, contact details, qualification, experience, specialization, consultant fees, personal summary, education, professional memberships etc. The Website offers various search features to help You in accessing HCP profiles.
Based on information communicated by HCP, the Website shows indicative appointment slots available for in-person consultation at HCP's premises for Registered Users.
Website Offerings for Non-Registered Users:
Non-Registered Users can access the information shared by HCPs at the time of registering with the Website such as the HCPs' profile containing their name, contact details, qualification, experience, specialization, consultant fees, personal summary, education, professional memberships etc. The Website offers various search features to help You in accessing HCP profiles.
Non-Registered Users may use Website to call HCP and schedule an in-person appointment at the HCP's premises.
Website Offerings for HCPs:
You may upload Your profile containing Your name, contact details, qualification, experience, specialization, consultation fees, personal summary, education, professional memberships etc. on Website. Your profile is accessible to all Registered as well as Non-Registered Users.
We do not provide Medical Advice
The Content that you obtain or receive from PehalHealthcare, its employees, contractors, partners, sponsors, advertisers, licensors or otherwise through the Services, is for informational, scheduling and payment purposes only. All medically related information, including, without limitation, information shared via PehalHealthcare Answers, the PehalHealthcare blog, PehalHealthcare social channels, PehalHealthcare emails and text messages, and PehalHealthcare advertising, comes from independent healthcare professionals and organizations and is for informational purposes only.
NO DOCTOR PATIENT RELATIONSHIP
DOCTORS, DENTISTS, NURSES, AND OTHER MEDICAL PROFESSIONALS USE THE SERVICES TO SHARE CONTENT WITH YOU, BUT YOUR USE OF THIS CONTENT IS NOT A SUBSTITUTE FOR HEALTHCARE. NO LICENSED MEDICAL PROFESSIONAL/PATIENT RELATIONSHIP IS CREATED WHEN YOU USE THE SERVICES OR CONTENT. THIS IS TRUE WHETHER SUCH CONTENT IS PROVIDED BY OR THROUGH THE USE OF THE SERVICES OR THROUGH ANY OTHER COMMUNICATIONS FROM PEHALHEALTHCARE INCLUDING, WITHOUT LIMITATION, THE "FIND A DOCTOR" FEATURE, PEHALHEALTHCARE ANSWERS, PEHALHEALTHCARE BLOG, PEHALHEALTHCARE SOCIAL CHANNELS, PEHALHEALTHCARE EMAILS OR TEXT MESSAGE LINKS TO OTHER SITES, OR ANY ASSISTANCE WE MAY PROVIDE TO HELP YOU FIND AN APPROPRIATE HEALTHCARE PROVIDER IN ANY FIELD.
4. USE OF THE WEBSITE
You are responsible for all use of the Services and for all use of your Credentials, including use by others to whom you have given your Credentials. You will use the Website and the features & services provided by the Website only in compliance with all applicable Indian laws. You will not use this Website or any feature & service provided by the Website for any purposes not intended under this Agreement.
You will only use this Website in a lawful manner and not use the Website in any way that is unlawful or harms PehalHealthcare, its directors, employees, affiliates, distributors, partners, service providers and/or any User and/or data or content on the Website.
You also understand that You may receive SMS messages from PehalHealthcare on Your registered mobile number during Your registration process and also in course of Your use of the Website. We will send these SMS messages only to the mobile number that You provide on the Website. Hence it is Your responsibility to make sure that You provide the correct number for the transaction You wish to enter into. We may also send reminders and notifications to You with respect to appointments scheduled by You for the features that You may be using on the Website. You hereby consent to receive such messages from PehalHealthcare.
By registering yourself at PehalHealthcare or using the website You authorize us to contact you via phone call, email or sms and offer you services for the product you have opted for, imparting product knowledge, offer promotional offers running on website, for which reasons, personally identifiable information may be collected. In spite of the fact that you have registered yourself under DND or DNC or NCPR service, you still authorize us to give you a call from the PehalHealthcare & associate partners for the above mentioned purposes.
Use by Registered User
We do not provide healthcare or hospital services. You acknowledge that this Website is an informative platform only. We encourage You to independently verify any information You see on the Website including information provided by a HCP. You will use the Website and the features provided by the Website only in relation to and in compliance with all applicable Indian laws. You will not use this Website or any feature provided by the Website for any purposes not intended under this Agreement.
The Website helps You to search, select and schedule appointments with HCPS. We can help providing You with lists, profiles and details of HCPs who may be suitable to deliver the health care that You are seeking based on information that You provide to PehalHealthcare. We do not recommend or endorse any HCPs mentioned on the Website, do not make any representations or warranties with respect to HCPs or the quality of the healthcare services they may provide, and also d0 not grade physicians.
You have the option of uploading Your identifiable health information including physical, physiological and mental health condition, and medical records and history on the Website which may be accessed by the HCP at the time of private interactions using the Website.
Use by Non-Registered User
Based on Your search inputs provided to the website We will provide You the list, profile and details of HCPs. We (i) do not recommend or endorse any HCPs mentioned on the Website; and (ii) do not make any representations or warranties with respect to these HCPs or the quality of the healthcare services they may provide.
5. ROLE OF PEHALHEALTHCARE
PehalHealthcare merely provides a platform to search and find HCPs based on User's inputs and the profiles created/given by HCPs themselves. Our role is that of an 'intermediary' as defined under the Information Technology Act, 2000 and the rules there under. Being an intermediary, PehalHealthcare has no responsibility and / or liability in respect of the content and transactions on the Website including any User Content or HCP Content, information provided by HCPs and interactions between HCPs and Users.
We do not monitor User Content or HCP Content at any time nor obliged for. However We may elect to monitor any User Content or HCP Content and remove any User Content and HCP Content from the Website if PehalHealthcare determines in its sole discretion that such User Content and/or HCP Content is in violation of this Agreement or any applicable law and best practices. Where PehalHealthcare removes any User Content or HCP Content from the Website, PehalHealthcare will make reasonable efforts to inform the User or HCP who had posted such User Content or HCP Content respectively. Such actions do not in any manner negate or dilute PehalHealthcare's position as an intermediary or impose any liability on PehalHealthcare with respect to User Content and/or HCP Content.
If We find or suspect any illegal, wrongful or fraudulent activity on the Website by any of Our Users, We reserves the right to inform the relevant government or law enforcement authorities. We will cooperate in all investigations or requests for access / information initiated by any such government or law enforcement authorities. Also We do not endorse or influence control over any particular branch of medicine, theory, opinion, viewpoint or position on any topic.
6. LINKS TO THIRD PARTY WEBSITES
While using Our Website or Our Services You may be provided with links on the Website that direct You to third party websites / applications / content or service providers, including advertisers and e-commerce websites (collectively 'Third Party Websites' ).
These links are provided for your convenience only and We do not endorse these sites or the products and services they provide. Please exercise Your independent judgment and prudence when visiting / using any Third Party Websites via a link available on the Website. Should You decide to click on the links to visit such Third Party Website, You do so of Your own volition. Your usage of such Third Party Websites and all content available on such Third Party Websites is subject to the terms and conditions of the respective Third Party Website and PehalHealthcare is not responsible for Your use of any Third Party Websites. You acknowledge and agree that We are not responsible or liable for the content or accuracy of these other websites. Although we attempt to link only to trustworthy websites, it is possible that they will contain materials that are objectionable, unlawful, or inaccurate and we will not be responsible or liable for the legality or decency of material contained in or accessed through such other websites.
7. PROPRIETARY RIGHTS
PehalHealthcare respects the intellectual property rights of others, and We expect the same from You. The Website, User Content, HCP Content and the PehalHealthcare Content are protected by applicable intellectual property laws of India.
PehalHealthcare's Rights to the Website and PehalHealthcare Content
All intellectual property in and to the Website, any software, techniques and processes used in connection with the Website, belongs exclusively to PehalHealthcare or its licensors. Through Your use of the Website, by no means are any rights impliedly or expressly granted by PehalHealthcare to You in respect of such works.
PehalHealthcare and/or its licensors assert all proprietary rights in and to all names and trademarks contained on the Website. Notwithstanding the generality of the foregoing, the name, 'PehalHealthcare' is the trademark and copyright (or any other intellectual property right) of PehalHealthcare and/or its licensors. Any use of the PehalHealthcare's trademarks or copyright, unless otherwise authorized in a written agreement, will constitute an infringement upon the trademark and copyright (or any other such intellectual property right) of PehalHealthcare and may be actionable under the applicable laws.
Except as stated otherwise in this Agreement all PehalHealthcare Content (including all intellectual property rights to such content) is owned exclusively by PehalHealthcare and/or its licensors.
When You use the Website in accordance with this Agreement, a limited royalty-free right is granted to You by PehalHealthcare to use PehalHealthcare Content for personal and non-commercial use in India for the time that You are either a Registered User or an HCP or for the time that You make use of the Website, whichever is less.
Unless explicitly stated herein, nothing in this Agreement shall be construed as conferring on You any license to intellectual property rights, whether by estoppel, implication, or otherwise.
Unless expressly authorized by PehalHealthcare, You agree not to reproduce, modify, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the PehalHealthcare Content, in whole or in part, by any means. You must not remove or modify any copyright or trademark notice, or other notice of ownership.
Rights in User Content And HCP Content
You agree that You are the owner of all rights (including all intellectual property rights) in the User Content (in case You are a Registered User) or HCP Content (in case You are a HCP) that You post on the Website or provide to PehalHealthcare.
You hereby grant PehalHealthcare a perpetual, non-revocable, worldwide, royalty-free license to make use of such User Content (in case You are a Registered User) or HCP Content (in case You are a HCP) including the right to copy, distribute, display, reproduce, modify, adapt, the User Content or HCP Content, as the case may me, and create derivate works of the User Content or HCP Content, as the case may be.
8. PERSONAL INFORMATION
Protecting privacy and keeping Your information secure are among our biggest priorities. We may collect various personal information from You when You use the Website and or the features provided by the Website.
9. DISCLAIMER OF WARRANTIES
WE PROVIDE THE SERVICES "AS IS" AND "AS AVAILABLE." WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING ALL STATUTORY WARRANTIES, WITH RESPECT TO THE SERVICES AND THE SITE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES THAT THE SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, RELIABLE OR ACCURATE OR WILL MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. WE ARE NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF INFORMATION PROVIDED BY USERS OF THE SERVICES OR ANY OTHER DATA OR INFORMATION PROVIDED OR RECEIVED THROUGH THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH HEREIN, PEHALHEALTHCARE MAKES NO WARRANTIES ABOUT THE INFORMATION SYSTEMS, SOFTWARE AND FUNCTIONS MADE ACCESSIBLE THROUGH THE SERVICES OR ANY OTHER SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION. PEHALHEALTHCARE DOES NOT WARRANT THAT THE SITE OR THE SERVICES WILL OPERATE ERROR-FREE, BUG-FREE OR FREE FROM DEFECTS, THAT LOSS OF DATA WILL NOT OCCUR, OR THAT THE SERVICES, SOFTWARE OR SITE ARE FREE OF COMPUTER VIRUSES, CONTAMINANTS OR OTHER HARMFUL ITEMS.
You understand and agree that any interactions and associated issues with the HCP(s) on the Website, is strictly between You and the HCP(s). You shall not hold PehalHealthcare responsible for any such interactions and associated issues. PehalHealthcare is not involved in providing any healthcare or medical advice or diagnosis and hence is not responsible for any outcome between You and the HCP You interact with. If You decide to engage with a HCP to provide medical services to You, You do so at Your own risk.
The results of any search You perform on the Website for HCPs, or provision of access to any HCP on the basis of Your specific request, should not be construed as endorsement by this Website of any such particular HCP. We make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, quality of work, expertise of the HCP. The search results are based on an object computer algorithm. PehalHealthcare shall not be responsible for any breach of service or service deficiency by any HCP.
We can neither assure that all transactions on the Website will be completed nor do We guarantee the ability or intent of HCP to fulfill their obligations in any transaction. We advise You to perform Your own investigation prior to selecting a HCP.
The information and materials available through the Website are for informational and educational purposes only and are not intended to constitute professional advice, diagnosis or treatment, or to substitute professional judgment. Information that may be placed on the Website by third parties, including HCP Content, and Lab Content, is beyond Our control. We are not responsible for the accuracy or completeness of information available from or through Our Website. You assume full risk and responsibility for the use of information You obtain from or through this site, and You agree that PehalHealthcare is not responsible or liable for any claim, loss, or liability arising from the use of the information. We do not recommend or endorse any HCP, Lab or diagnostic or health-related products, items or services, and the appearance of materials on the Website relating to any such products, items or services is not an endorsement or recommendation of them.
Information regarding HCP and practice information found on the Website is intended for general reference purposes only. Such information found on the Website is mainly self-reported by the HCP. Such information often changes frequently and may become out of date or inaccurate. Neither the Website nor PehalHealthcare provides any advice or qualification certification about any particular HCP. You are encouraged to independently verify any such information You see on the Website with respect to a HCP that You seek to make an appointment with.
The content provided by the Website, either by PehalHealthcare or by HCP, should not be construed under any circumstances to be 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. If You rely on any of the Information provided by the Website, You do so solely at Your own risk. The Information that You obtain or receive from PehalHealthcare, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Website is for informational and scheduling purposes only. 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.
PEHALHEALTHCARE DOES NOT PROVIDE ANY GUARANTEE AND SHALL NOT BE HELD LIABLE OR RESPONSIBLE FOR THE FAILURE TO SEND SMS OR OTHER NOTIFICATIONS OR REMINDERS TO YOU AS A FEATURE OF THE WEBSITE.
Neither the HCPs nor PehalHealthcare shall be responsible or liable for any breach or loss of data including Personal Information caused due to events beyond the control of HCPs / PehalHealthcare or due to technical reasons or third party actions.
10. GENERAL LIMITATION OF LIABILITY:
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS THE CANCELLATION OF YOUR REGISTRATION. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL PehalHealthcare OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL), WHETHER OR NOT PehalHealthcare HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES OR COULD HAVE REASONABLY FORESEEN SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, PEHALHEALTHCARE'S LIABILITY UNDER THIS AGREEMENT TO YOU SHALL IN NO EVENT EXCEED THE FEE AMOUNTS COLLECTED FROM YOU IN THE PRECEDING ONE YEAR.
You hereby agree to defend, indemnify and hold harmless the Company, its affiliates, and licensors, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, assigns and other authorized users (Registered and Non-Registered Users, HCPs) from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms and Conditions or your use of the Website or App, including, but not limited to, your User Contributions, any use of the Website or App's content, services and products other than as expressly authorized in these Terms and Conditions or your use of any information obtained from the Website or App.
If you are not using the website or its services inappropriately We will want to work with you to correct the things immediately. But We reserve the right, in the event it finds out in its sole discretion that You breached the Agreement, to suspend and / or terminate Your user account and/or access to the Website by blocking Your IP address or email id with or without notice to You. Any suspected illegal, fraudulent or abusive activity may be grounds for suspending and / or terminating Your user account and/or Your access to the Website. Upon suspension or termination, Your right to use the features on the Website shall immediately cease and the Company reserves the right to remove or delete Your information that is available with the Company, including but not limited to login and account information.
Upon user account termination or suspension, regardless of the reasons therefore, Your right to use the Website, User Content, HCP Content or PehalHealthcare Content immediately ceases, and You acknowledge and agree that We may immediately deactivate or delete Your account and all related information and files in Your account and/or bar any further access to such files or this site. PehalHealthcare shall not be liable to You or any third party for any claims or damages arising out of any termination or suspension of Your user account or any other actions taken by Us in connection with such account termination or suspension.
13. CHANGES TO TERMS AND CONDITIONS
PehalHealthcare may change these Terms and Conditions at any time, as we reasonably deem appropriate. Upon any change in these Terms and Conditions, we will post the amended agreement on the Site with notice of the changes. Your continued use of the Site and/or the Services following such notification shall constitute your affirmative acknowledgement of the Terms and Conditions, the modification and agreement to abide and be bound by the Terms and Conditions, as amended. If at any time you choose not to accept these Terms and Conditions, including following receipt of notification of any modifications hereto, then please do not use the Site.
14. APPLICABLE LAW AND DISPUTE SETTLEMENT
If any provision of this Agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from the Agreement and the remainder of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event the Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.
No term of the Agreement shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented. Any consent by any Party to, or waiver of a breach by the other, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
All notices and other communications required or permitted hereunder to be given to a Party shall be in writing, in the English language, and shall be sent by facsimile, e-mail, or mailed by prepaid internationally-recognized courier, or otherwise delivered by hand or by messenger, addressed to such Party's address as set forth below or at such other address as the Party shall have furnished to the other Party in writing in accordance with this provision:
If to PehalHealthcare:
PehalHealthcare Technologies Private Limited
Menaka-1,# 503, Indirapuram, Ghaziabad
Uttar Pradesh, India.
If to You:
at the email address provided by You to us when You registered as a PehalHealthcare User.
18. FORCE MAJEURE
PehalHealthcare shall not be liable for any downtime or delay or unavailability of the Website caused by circumstances beyond PehalHealthcare 's reasonable control, including without limitation, acts of God, acts of government, floods, fires, earthquakes, civil unrest, acts of terror, strikes or other labour problems, internet service provider failures or delays, or denial of service attacks.
19. ADVICE OF COUNSEL
Each Party acknowledges: (a) having fully read the Agreement in its entirety; (b) having had full opportunity to study and review the Agreement.
PehalHealthcare shall have the right to place advertisements and publicity materials of its choice, including that pertaining to parties other than itself for commercial use through electronic means on the Website.
You may not assign or sub-license, without the prior written consent of PehalHealthcare, the rights, duties or obligations under this Agreement, in whole or in part, to any person or entity.