In terms of the Information Technology Act, 2000, this document is an electronic record. Being generated by a computer system, it does not require any physical or digital signature
The Agreement applies to you whether you are:
- An individual medical practitioner or health care provider wishing to be registered, or already registered, with the Platform (“Practitioner(s)”, “Doctor”, or “Medical Practitioner”);
- A patient, his/her representatives or affiliates, searching for Practitioners or other Doctor/Chemist/Service Providers through the Platform (“you”, “End-user”, or “User”);
- Diagnostic centres, both from the organized and unorganized sectors, wishing to be registered, or already registered, with the Platform(“Diagnostic centre”, “Service Provider”);
- Chemists, both from the organised and unorganised sectors, and including e-commercevendors, wishing to be registered, or already registered, with the Platform(“Chemist”);
- Other Doctor/Chemist/Service Provider, such as day care nurse, physiotherapist, yoga instructor, personal trainer, dietician etc.wishing to register, or already registered with the Platform, to offer your services directly to other users of the Platform. ( “Service Provider”, or “User”);
This Agreement applies to any and all access to the Platform and use of the services made available by PROTOSTAR IDEATEK LLP on the Platform to the Users, including but not limited to the following:
- For Doctors:Registering with the Platform; creating and managing their professional profiles on the Platformthat is visible to other users;viewing, editing, and reviewing their patients’ health reports; interacting and scheduling appointments (online and in-person) with patients;
- For diagnostic centres: Registering with the Platform; creating and manager your centre’s business/profile page on the Platform that is visible to other users; viewing, editing, and submitting diagnostic data as approved and requested for by patients.
- For chemists/pharmacies: Registering with the Platform; creating and managing your service’s business/profile page and inventory data for online orders on the Platform that is visible to other users; viewing and validating prescription orders as submitted by patients.
- For other Service Providers: Registering with the Platform; creating and managing your service’s business/profile page; interacting with interested Users
- For Patients: Registering with the Platform; creating, editing, and managing your and your family’s health reports on the Platform; submitting prescription orders for medication; searching for, interacting and scheduling appointments with practitioners.
Please note that we offer the services “as is” and without warranties. If you create an account or use the services on behalf of an individual or entity other than yourself, you represent and warrant that you are authorized by such individual or entity to accept this agreement on such individual’s or entity’s behalf.
In this Agreement, unless the context otherwise requires,any references to recitals, clauses and sub-clauses are to recitals, clauses and sub-clauses of this Agreement; headings are inserted for ease of reference only and are not to be used to define, interpret, modify, limit, or construe the meaning, scope or intentof this Agreement and any provisions therein; references to the singular number shall include references to the plural number and vice versa; words denoting one gender include all genders; any reference in this Agreement to a statutory provision includes that provision and any regulation made in pursuance thereof, as from time to time modified or re-enacted, whether before or after the date of this Agreement; and any reference to a time limit in this Agreement means the time limit set out in the relevant clause or sub-clause or such other time limit which may be mutually agreed by the parties in writing.
3. INTENDED USE
- By registering, accessing or using the Platform, you represent and warrant to us that you are 18 years of age or older, and that you have the right, authority and capacity to use the Platform, and agree to and abide by this Agreement. User below the age of 18 years shall be liable for all and any acts of such user using the Portals.
- If you discover that your child has been using the Platform without your consent, or that someone has been using the Platform for or on behalf of you or your child without your consent, please contact us using the information below under “Contact Us,” and we will take reasonable steps to delete the child/person’s information from our active databases.
- 3.3 You acknowledge that your ability to access and use the Platform is conditioned upon the truthfulness of the information you provide to us including your age, residence, contact and other information and that the Doctor/Chemist/Service Providers you access (“Provider(s)”) are relying upon this certification in order to interact with you and provide their Services.
4. USER ACCOUNT CREATION
- You may be able to access and use the Platform by logging into your account with your credentials from certain third-party sites, including a few social networking sites. You confirm that you are the owner of any such account and that you are entitled to disclose your login information on these sites to us. By logging in through such sites means, you authorize us to collect your authentication information, and other information that may be available on or through such third-party accounts consistent with your applicable settings and instructions on that site.
- You are responsible formaintainingthe confidentialityof your account’s access information, including your account’s password. You shallimmediately notify us if you suspect any unauthorized access or use of your account. You agree that if you disclose to any person your account user name and password, that person is authorized to act as your agent for the purposes of accessing and using the Platform and you shall be liable for all of their subsequent use of the platform in this capacity.
- You agree that you will be liable for any losses incurred by PROTOSTAR IDEATEK LLP and/or other parties arising from the unauthorized use of your account, as well as from the use of your account by another person or entity acting on your behalf.
- You represent and warrant that the information you submit during registration and further use of the Platform is truthful and accurate and that you will maintain the accuracy of such information. Each time you log on, maintain and promptly update such account information tokeep it true, accurate, current and complete.We request all accounts to be registered with a regularly accessed, valid personal e-mail address or mobile number so that we can communicate with you as and when needed. We reserve the right to suspend or terminate our services without any prior notice, as well as any accounts which have been registered with us through a third-party website, or with a temporary e-mail addressor mobile number. Users may be required to re-validate their accounts if we believe they have been using an invalid e-mail address or mobile number. PROTOSTAR IDEATEK LLP shall not be responsible in any manner for the authenticity of any informationprovided by the User, or by someone acting on behalf of the user,to us or to the Doctor/Chemist/Service Providers available on the Platform.
- You understand that the Platform that you use on your phone or any other device is owned by us and we may automatically upgrade the Platformand that these Terms, which may or may not be amended at the time of such Platform upgrades shall apply to your use of the upgraded Platform as well. We reserve the right to terminate this agreement without any notice and suspend the account without assigning any reason.
- By registering with us, you agree to receive communications from us via email, telephone, SMS and chat. If you, at any time, wish to discontinue receiving communications from us, you agree to notify us by email.
5.1. Electronic Health Records:
- By creating an account and registering with the Platform, the User can maintain their electronic health data online with us whereby they can create, save and retrieve their electronic health records at any point of time by accessing the Platform and logging in with their credentials.
- You can also add other people such as your family members as dependents to your Account and maintain their electronic health data on the Platform. By doing so, you expressly acknowledge that they have provided you the authority to store and maintain their electronic health data on your accountand take actions on the Platform on their behalf. The User will be solely liable for any consequences arising from the use of this information. Hereinafter in this section 5.1, any references to “electronic health data”, “electronic health records” or similar terms will include the data and records of your dependents.
- When creating or editing any such electronic health record, the User must take great care to ensure that the information they add to these Health Records is accurate.
- Information contained within these Electronic Health Records can be viewed by any registered Doctor that the User books an appointment with through the Platform upon notifying the Patient and the Doctor can add additional information based upon the consultation. Doctors can also generate new Health Records for that User if they deem it fit to do so. Doctors will be solely liable for consequences arising from their addition or update of information in these Electronic Health Records. PROTOSTAR IDEATEK LLP will not validate or provide any guarantee as to the veracity of said information.PROTOSTAR IDEATEK LLP will not be liable for any aspect of the information contained within these health records including, but not limited to, the medical opinion, the prescribed medication, language, or tone of the report etc.
- As with any other Service on the Platform, while PROTOSTAR IDEATEK LLP will make every attempt to ensure maximum availability of these Electronic Health Records, it will not be held liable for any interruption to or suspension of User’s access to this Service.
- PROTOSTAR IDEATEK LLP will make every reasonable attempt to ensure that the User receives and is notified of any updates to their Electronic Health Data from the Doctor. However, PROTOSTAR IDEATEK LLP is not liable if the reports are not delivered or are delivered late, or that any phone, email, or SMS notifications are not delivered to the User on time,or if they are delivered incorrectly. Users can manage notifications related to this Service and other Services directly through the Platform or, if possible,theirdevice’s settings.
- PROTOSTAR IDEATEK LLP makes use of high-end security and encryption algorithms to ensure the accuracy and confidentiality of User’s electronic health data stored on the Platform. However, PROTOSTAR IDEATEK LLP makes no guarantee to prevent any unauthorized access, modification, or loss of this data caused by the compromise of the User’s login credentials. Please ensure to keep your login credentials secure, and report to us immediately if you suspect that your account has been compromised.We may temporarily lock access to your Health Records if we have reason to believe that your account has been compromised. This is done solely to protect the confidentiality of your personal medical data. If you think we have done this in error, you can contact us to unlock access to your Health Records.
- If you are a registered user, you can delete any or all of your electronic health records from the Platform by logging into your account. However, any health records created by a doctor or update to your health records made by a doctor will remain visible to the concerned Doctor who made those modificationsand prescriptions which are a part of an order to chemist.
- You may lose electronic health records created or modified by you if the device on whichyou make these changes fails to synchronize with our servers. While we will ensure to make the maximum availability of our servers, PROTOSTAR IDEATEK LLP will not be liable for any loss of data resulting from synchronization faults at your end or the unavailability of our servers.
- PROTOSTAR IDEATEK LLP reserves the right to revoke access (of either the User or Doctor/Chemist/Service Provider) or delete any electronic health record without any prior notice if it has reason to believe that it had been sharedinadvertently.
- PROTOSTAR IDEATEK LLP may need to access your health records, with or without prior notice, to help resolve any technical or operational issue experienced by You or a Doctor with access to that health record. By using this Service, you agree and acknowledge to such use.
5.2. Search Facility
- Users can make use of the Platform’s search facility to look for Practitioners, Chemists, Diagnostic Centres, and other Doctor/Chemist/Service Providers by vicinity,specialization and/or other factors.
- The order in which the search results are displayed to the users are purely based on factors such as User feedback, availability, relevance etc. as well as based on any filtering or sorting applied by the User. The search results and its order should not be interpreted as PROTOSTAR IDEATEK LLP’s endorsement or critique of any of the Doctor/Chemist/Service Providers, their qualifications, their ability, or the quality of their service. PROTOSTAR IDEATEK LLP makes no judgments or guarantees in this respect.
- The User’s interpretation of the search results and any consequent decision to contact or engage with a Doctor/Chemist/Service Provider is solely their responsibility.
5.3. Appointment Booking Facility with a Doctor:
- User can schedule anonlineor in-person consultation with a doctor registered on the Platform which shall be subject to the discretion of the Doctor.To do so, they can either book an appointment through the online booking facility provided on the Platform’s interface, or by contacting the Doctor’s office through the contact information provided on the Doctor’s profile.
- Appointments with Doctors can be made both for the User itself and for any dependents registered by the User on the platform. User must ensure that the appointment has been made for the correct person. Hereinafter in this section 5.3, any reference to “Patient” will mean the person for whom the appointment with the Doctor has been made.
- Once an appointment with a Doctor is confirmed, you acknowledge that the Doctor will then have access to all of the Patient’s electronic health records, whether created by you or another Doctor on the Platform, and upon completion of the consultation they will also be able to add information to the Patient’s electronic health records upon taking permission from the Patient and the record shall be confidential and restricted to the Patient’s User Account only.
- The Platform will ensureevery effort to provide timely reminders to both the User and the Doctor of any upcoming appointments. However, PROTOSTAR IDEATEK LLP will not be liable if any such reminders are not delivered on time or are delivered incorrectly.
- PROTOSTAR IDEATEK LLP will not be liable if a Doctor later cancels a confirmed appointment or is unavailable or unreachable at the time of appointment.
- The results of the consultation may be provided to the Patient physically by the Doctor’s office itself, and/or by creation or addition of an electronic health record for the Patient by the Doctor on the Platform, which only the User and other Doctors connected to the Patient can accessthrough the Platform.
PROTOSTAR IDEATEK LLP is not liable for any aspect of the interaction between the Patient and the Doctor including but not limited to
- Any personal issues the User or Patient may have with the Doctor or the doctor’s staff, and their attitude, including misconduct or inappropriate behaviour.
- The ability or intent of the Doctor in fulfilling their obligations towards the Patient.
- Quality or suitability of medication or treatment suggested or provided by the Doctor.
- Any medical negligence by the Doctor.
- Fees charged by the Doctor.
- Cancellation of the appointment or unavailability of the Doctor.
- The User can cancel an appointment or reschedule it with prior consent from the Doctor. Any charges levied for cancellation or rescheduling will be decided by the Doctor
5.4. Diagnostic Centres:
- Users can book lab and diagnostic tests with Diagnostic Centres registered on the Platform, to do so, they can either book an appointment through the online booking facility provided on the Platform’s interface, or by contacting the Diagnostic Centre through the contact information provided on the Diagnostic Centre’s profile. Hereinafter in this Section 5.4, the services provided by Diagnostic Centres will be collectively referred to as “Test(s)”, and Diagnostic Centres will be referred to as “Lab(s)”
- Tests can be booked with a Lab both for the User itself and for any dependents registered by the User on the platform. User must ensure that the booking has been made for the correct person. Hereinafter in this section 5.4, any reference to “Person” will mean the person for whom the appointment with the Lab has been made.
- Once a booking with a Lab is confirmed, you acknowledge and agree that the Labmay contact you through the Contact Information provided in your profile, which you must ensure is correct, to obtain and provide any necessary information with respect to the Test(s) that have been booked with the Lab. The Person is responsiblefor complying with any instructions provided by the Lab.
- The Platform will ensure every effort to provide timely reminders to both the User and the Lab of any upcoming Tests. However, PROTOSTAR IDEATEK LLP will not be liable if any such reminders are not delivered on time or are delivered incorrectly.
- PROTOSTAR IDEATEK LLP will not be liable if a Lab later cancels a confirmed booking or is unavailable or unreachable at the time of scheduled Test.
- The results of the Tests may be provided to the Person physically by the Lab itself, and/or by creation or addition of an electronic report for the Person by the Lab on the Platform, which only the User and any Doctors connected to the User can accessthrough the Platform.
- PROTOSTAR IDEATEK LLP is not liable for any aspect of the interaction between the Person and the Lab including but not limited to:
- Any personal issues the User or Person may have with the Lab’s staff, and their attitude, including misconduct or inappropriate behaviour.
- The ability or intent of the Lab in fulfilling their obligations towards the Person.
- Quality or suitability of any advice or opinion provided by the Lab.
- Quality or suitability of the Lab’s equipment and infrastructure.
- Standard of Hygiene at the Lab’s premises.
- Competence of the Lab’s staff in conducting the Test.
- Any professional negligence by the Lab.
- Fees charged by the Lab for the Test(s).
- Cancellation of the appointment or unavailability of the Lab at the scheduled time.
- The User can cancel an appointment or reschedule it with prior consent from the Lab. Any charges levied for cancellation or rescheduling will be decided by the Lab as the payment issues are totally between the User and the Labs.
- Prescription Medication:The Chemist shall not dispense any prescription medicine without a valid prescription from a licensed Doctor/Medical practitioner. User can upload their prescription and order medication from any Chemist who is registered with us. The prescription should be signed and issued by a duly authorized medical practitioner, which may also be a Doctor not registered with the Platform.
- We take all possible precautions to strictly abide by the laws and regulations set forth in the dispensing of prescription medication. By placing the order with a chemist/pharmacist registered with us for your prescription medicine, you acknowledge and accept the following terms regarding the purchase of any prescription medicine:
- You understand and acknowledge that no prescription medication shall be dispensed without a valid prescription from a licensed physicia
- If you are ordering prescription medication(s), you hereby confirm that you will sendto the registered chemist/pharmacist/medical practitioner a scanned copy of your validprescription(s) via the portal provided on the Platform or any other means feasible to both you and the concerned chemist/pharmacist, and this prescription shall then be subject to the scrutiny of and approval by such registered chemist/pharmacist. The records with regard to the Prescription and the order can not be deleted by the User or any person who has access to the same on the Platform
- If such registered chemist/pharmacist has any questions or concerns about the prescription(s), you hereby authorize them to consult with an external network of health care professionals to verify the validity of the prescription.
- The order may be fulfilled by either picking up the medicines from the Chemist or by home delivery, subject to whether the Chemist provides these facilities. PROTOSTAR IDEATEK LLP will not be responsible for delivery of medication.
- By submitting a prescription to order medicines through the Platform, you warrant the validity and authenticity of said prescription. You will be solely liable for any consequences arising from any consequences arising from the use of said prescription.
- PROTOSTAR IDEATEK LLP does not endorse any specific medicine or other course of treatment. It makes no guarantees as to the quality or suitability of the medicine delivered to the User by the Chemist. In using the Platform to order medication, you acknowledge that PROTOSTAR IDEATEK LLP is not liable for any consequences, whether legal, medical, or otherwise, for the use of themedication delivered. Please go through the literature provided by the medicine’s manufacturer to understand its uses and side-effects, and use the medicine as prescribed by your Doctor.
- The prices for the medicines and other products sold by a Chemist, as wellas other charges levied (such as packing or delivery charges)aredetermined by the concerned Chemist at the Chemist’s sole discretion. PROTOSTAR IDEATEK LLPdoes not dictate these charges.However, if PROTOSTAR IDEATEK LLP has reason to believe that a Chemist may be unfairly or unreasonably inflating the price of any product or its service charges for exploitative or other harmful reasons, then PROTOSTAR IDEATEK LLP reserves the right to suspend or terminate the Chemist’s access to and use of the Platform until further notice.
5.6. Other Service Providers:
The User, through the Platform, shall also have the option to avail the services of Other Service Providers such asday care nurses, physiotherapists, yoga instructors, personal trainers, dieticians etc. who have registered with PROTOSTAR IDEATEK LLP.For all such services, the Platform functions solely as a means of interaction between the User and the Other Service Provider. PROTOSTAR IDEATEK LLP will not participate in any communication, transactions, and provision of services resulting from these interactions.
5.7. Screening and Quality of Doctor/Chemist/Service Providers:
While PROTOSTAR IDEATEK LLP will take reasonable care to screen and vet the information provided to us by registereddoctors, chemists, pharmacies, diagnostic labs etc., the registration of any Doctor/Chemist/Service Provider, including but not limited to Doctors, Chemists, Pharmacies, Diagnostic Labs, and Other Doctor/Chemist/Service Providers as defined above, with the Platform does not represent PROTOSTAR IDEATEK LLP’s endorsement or promotion of that Doctor/Chemist/Service Provideror their Services, and PROTOSTAR IDEATEK LLP will not be held responsible for the quality of the same.
5.8. Curated Content Feed:
PROTOSTAR IDEATEK LLP shall allow the Doctors/Doctor/Chemist/Service Providers to publish curated articles and postspertinent to the nature of the Platform’s services, ranging from personal health tips to news from the healthcare industry. The User will be able to view this content through a dedicated feedbased on their profile preferences, so as to be able to educate themselves and better understand their wellness and health. Any such content should not be interpreted as medical advice by the User. Such content is subject to protection under the relevant Intellectual property laws.
5.9. Free and Paid Services:
User’s access of the Platform to, among other things, create an account, view curated content, add family members/dependants, view saved content in their profile shall be free of cost at the moment whereby PROTOSTAR IDEATEK LLP can at any time whatsoever solely at its discretion change the policy as to the free access of the Portal. However the services available on the Platform including, but not limited to, placing an order of medicines from registered chemists, scheduling appointments with and/or availing medical advice from practitioners, scheduling and undergoing diagnostic tests etc shall be payable subject to the policies and prices/charges set up by the concerned Doctor/Chemist/Doctor/Chemist/Service Provider whereby PROTOSTAR IDEATEK LLP does not have any role to play. PROTOSTAR IDEATEK LLP shall provide transparency as to the charges of the PAID SERVICES which shall be explicitly stated on the Platform and there shall be no hidden charges as and when PROTOSTAR IDEATEK LLP changes/updates its payment policies. The payment platform, if any, is governed by Third-Party payment operators and PROTOSTAR IDEATEK LLP shall not be liable for any discrepancy/issues arising from the use of the same.
- Upon the fulfilment of a Service by a Doctor/Chemist/Service Provider on the Platform (such as a Doctor’s appointment, Chemist’s delivery of order etc.), the User may be asked to provide feedback on the Platformregarding the overall Service as well as specific aspects of it (such as waiting time, attitude etc.), which may include such means as, inter alia, star ratings on a pre-determined scale and User comments (collectively, “Feedback”).
- While certain aspects of this Feedback may be optional, others may be mandatory, and the User may be unable to proceed further on the Platform until the mandatory aspects of the Feedback are provided. PROTOSTAR IDEATEK LLP may change the nature of theFeedback form, and which of its elements are to be mandatory and which to be optional, at its sole discretion.
- The User will be solely responsible for the content of this Feedbackand should ensure that it does not violate applicable law, nor contain any language that can be construed as hateful or vulgar in nature. PROTOSTAR IDEATEK LLP reserves the right to suspend or terminate the User’s account if they violate said norms. The role of PROTOSTAR IDEATEK LLP in publishing Feedback is restricted to that of an ‘intermediary’ in accordance with the Information Technology Act, 2000. You will solely be liable for any infringement of a third-party’s copyrights, intellectual property, or privacy rights arising from the content in your Feedback.
- The content of the Feedback may be displayed to other Users via the Doctor/Chemist/Service Provider’s profile, either “As Is” or aggregated with other Users’ Feedback for that Doctor/Chemist/Service Provider.
- PROTOSTAR IDEATEK LLP considers all aspects of the Feedback as informational in nature and does not provide any guarantee with respect to claims made by Users in the Feedback. Further, PROTOSTAR IDEATEK LLP will not be obliged to act upon the claims or Feedback provided.
- PROTOSTAR IDEATEK LLP reserves the right to contact you using the Contact Information provided in your account to obtain further details on the Feedback or for any other reason related to the provision of the Services provided through PROTOSTAR IDEATEK LLP.
5.11. Emergency Service:
You understand and acknowledge that the use of the Platform is not intended as a substitute for emergency health services. Please contact your local emergency health services in case of any medical emergency.
5.12. Role and Liability of PROTOSTAR IDEATEK LLP:
- PROTOSTAR IDEATEK LLP shall only act as a platform or marketplace between You and the registeredDoctor/Chemist/Service Providers and therefore, you expressly agree and understand that your relationship with a Doctor/Chemist/Service Provider registered with us shall fall outside the scope of this Agreement.
- You also expressly acknowledge, agree and affirm that PROTOSTAR IDEATEK LLP shall not be privy to your relationship/agreement with any Doctor/Chemist/Service Provider registered with us and the same shall be governed by a SEPARATE agreement (in terms of Contract Act, 1872) between You and the Doctor/Chemist/Service Provider and you absolve and hold PROTOSTAR IDEATEK LLP harmless from and against any direct or indirect liability, responsibility, obligation, claim or legal action, whatsoever arising from your use of the platform. You may however bring to our notice any fraudulent,misrepresentative, or surreptitious activities being carried on by any registered Doctor/Chemist/Service Provider and we shall take appropriate measures to look into said activities and, if necessary, cancel the registration and/or blacklist the concerned registered Doctor/Chemist/Service Provider from our Platform.
- You understand and acknowledge that the use of this Platform does not constitute a legal doctor/patient relationship betweenPROTOSTAR IDEATEK LLP and you, and any information you obtain from or through the Platform, except for that provided to you by your Doctor, does not constitute a medical opinion.PROTOSTAR IDEATEK LLP will not be liable for any action taken by you on the basis ofinformation obtained from the Platform.
- In case of any conflict between the User and the Doctor/Chemist/Service Provider, PROTOSTAR IDEATEK LLP reserves the right to make the final decision and both the User and the Doctor/Chemist/Service Provideragree to oblige by it.
If you are a Healthcare Provider or other person or entity in the healthcare sector, or a Chemist, Diagnostic Centre, or other Doctor/Chemist/Service Provider, regardless of you maintaining an account with PROTOSTAR IDEATEK LLP, you acknowledge and agree that:
- You will not use the Services provided by us to view, access or otherwise use, directly or indirectly, any data available on the Platform such as, but not limited to, product and service prices and availability, for any purpose other than your own personal useas a patient or prospective patient.
- You will not use the Services to establish, attempt to establish, or enforce, directly or indirectly, any agreement or coordination of the prices charged for any product or service; the kinds, frequencies or amounts of any product or service offered; or the customer or customer categories for any product or service, or otherwise engage or attempt to engage in price fixing, output restriction, or customer or market allocation.
- You will not use the Services, directly or indirectly, to engage in any anti-competitive, deceptive, or unfair practices, or otherwise violate applicable antitrust, competition, or consumer protection laws, or regulations prevailing in the concerned jurisdiction.
The Practitioners, upon registration with PROTOSTAR IDEATEK LLP can avail of the following Services:
- Create and manage their professional profile on the Platform which would be visible to patients and prospective patients.
- Directly interact with their patients.
- Create patient files and basic patient records.
- View patients’ other health reports and schedule and confirm appointments with patients.
- Provide e-prescription and interact with/consult their patients on group messaging, voice and video calling as per the convenience and requirement of the User/Patient.
- Chemists and Pharmacies, upon registration with the Platform, will be able to receive and accept orders from the Users of the Platform and fulfil them through their own home delivery service, if any, or by allowing Users to pick-up from their store.
- Diagnostic centres, upon registration with the Platform, will be able to schedule and confirm diagnostic tests for Users.
- Other Doctor/Chemist/Service Providers will be able to register and offer their services directly to the users of the Platform.
- Doctor/Chemist/Service Providers will also be able to view high quality curated content based on their profession and listed preferences.
- Notwithstanding anything to the contrary contained herein, The Doctor/Chemist/Service Providers registered with PROTOSTAR IDEATEK LLP and providing services through the Platform alone shallbe liable for their dealings and interaction with the Users who avail theservices ofsuch Doctor/Chemist/Service Provider including any Doctor/Chemist/Service Provider whose contact number has been procured through the Platform. PROTOSTAR IDEATEK LLP shall have no liability or responsibility as to the professional qualifications of these Doctor/Chemist/Service Providers and the quality of their Service, and we do not guarantee ormake any representation with respect to the correctness, completeness or accuracy of the information or details provided by any Useror Doctor/Chemist/Service Provider, as well as with respect to theaccuracy of the tests conducted, or medical advice, opinion, diagnosis, or treatment options provided by any Doctor/Chemist/Service Provider contacted by the User through the Platform. The Services should not be used in lieu of emergency medical services.
Upon a Doctor/Chemist/Service Provider’s registration with the Platform, the Doctor/Chemist/Service Provider acknowledges thatthey shall(subject to the Provider’s reasonable right to review and approve such requests):
- allow PROTOSTAR IDEATEK LLP to use the Doctor/Chemist/Service Provider’s name, logo, brand images, service description etc. in PROTOSTAR IDEATEK LLP’s marketing, promotional and advertising materials, as well as product and service literature, case studies, press releases, e-mail campaigns, and social media posts;
- may be asked to provide testimonials (in video, audio, or text) and interviews to the news media, and to provide quotes for press releases.
7. PAYMENT AND REFUND POLICY
The registration with and use of aservices on this Platform is free of cost. You hereby acknowledge that the list of services and features of the Platform available for free maybe amended at anytime at our discretion. The same shall be accordingly informed to the Users of the Platform. However, in the event, you use the Platform to choose a Doctor/Chemist/Doctor/Chemist/Service Provider and book an appointment, you shall be required to pay for the services directly to the concerned Doctor/Chemist/Doctor/Chemist/Service Provider as per the charges quoted by them.PROTOSTAR IDEATEK LLP has no role or liability in the payments made, the same is a direct matter of concern between the Users and the concerned Doctor/Chemist/Doctor/Chemist/Service Provider. However, in case a User feels that his/her rights are being violated by the Doctor/Chemist/Doctor/Chemist/Service Provider, the User might contact PROTOSTAR IDEATEK LLP and PROTOSTAR IDEATEK LLP solely at its discretion look into the matter and act accordingly.
OUR SOLE RESPONSIBILITY IS TO BRING TOGETHER THE BUYER AND SELLER ON OUR PLATFORM AND NOT PROMOTE ANY DOCTOR/CHEMIST/SERVICE PROVIDER OR BE RESPONSIBLE FOR ANY DOCTOR/CHEMIST/SERVICE PROVIDERS QUALITY OF SERVICE
8. USER-SUBMITTED CONTENT AND INFORMATION
- PROTOSTAR IDEATEK LLP may collect information, directly or indirectly, regarding the profile and practice of the Practitioners registered with PROTOSTAR IDEATEK LLP and further listed on the Platform and display such relevant information on the Platform, such as their specialization, qualification, fees, location, visiting hours, and similar details. Although PROTOSTAR IDEATEK LLP screens and evaluates the information submitted by the Practitioners, it cannot be held liable for any discrepancies in the information provided at the Platform, despite such reasonable efforts.
- The Services provided by PROTOSTAR IDEATEK LLP or any of its licensors or Doctor/Chemist/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 and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). We do not provide or make any representation, warranty, or guarantee, whether express or implied, about the Platform or the Service/Doctor/Chemist/Service Providers. To the fullest extent permitted by law, we disclaim all liability arising out of the User’s use or reliance upon the Platform and the Services, representations and warranties made by other Users, the content or information provided by the Users on the Platform, or any opinion or suggestion given or expressed by us or any User in relation to any User or services provided by such User.
- If PROTOSTAR IDEATEK LLP determines that the Doctor/Chemist/Service Provider or the User have provided fraudulent, inaccurate, or incomplete information, including through feedback, we reserve the right to immediately suspend such Party’s access to the Platform or any of its accounts with PROTOSTAR IDEATEK LLP.
- The concerned Party shall be liable to indemnify the affected party for any losses incurred as a result of its misrepresentations or fraudulent feedback that has adversely affected the Doctor/Chemist/Service Provider, Users and/or caused any harm to PROTOSTAR IDEATEK LLP in any manner.
- Other than the guidance and advice you receive directly from your licensed medical practitioner, anyinformation provided on the platformshould not be interpretedas medical advice, opinion or diagnosis. You should always talk to an appropriately qualified health care professional for diagnosis and treatment, including information regarding which medications or treatment may be appropriate for you. None of the content presented on the platform represents or warrants that any particular medication or treatment is safe, appropriate, or effective for you. PROTOSTAR IDEATEK LLP does not endorse any specific tests, medications, products or procedures.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 platform. In no event shall we be liable to you or anyone else for any decision made or action taken by you inreliance upon such information.
- The User is free to post content valuable to the nature of the content the Platform and shall retain the Intellectual property rights in the content of the post put up on the Platform. However, the User hereby agrees to grant PROTOSTAR IDEATEK LLP right to use the content of the post for the purpose of Advertising its Platform or Services without any additional cost.
9. THIRD-PARTY CONTENT
- PROTOSTAR IDEATEK LLP Platform may have links to third-party websites or resources, where said third parties may include individuals and entities affiliated with PROTOSTAR IDEATEK LLP. You acknowledge and agree that PROTOSTAR IDEATEK LLP is not responsible or liable for the availability or accuracy of any such third-party websites or resources, or the Content, products, services and other information on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by PROTOSTAR IDEATEK LLP of such websites or resources or the Content, products, services, and other information available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
- PROTOSTAR IDEATEK LLP may use data obtained from Third Parties and display such data, whether “as is” or in a streamlined manner, in different sections of the Platform. Such data may pertain to information related to, inter alia, standard pricing and availability for any goods and services listed on the Platform, recommended use of any such goods and services etc. Any such data is provided for informational purpose only and PROTOSTAR IDEATEK LLP makes no guarantees with respect to the accuracy and relevance of such data. In no way will PROTOSTAR IDEATEK LLP be held liable for any consequence arising out of the User’s use of such information.
- PROTOSTAR IDEATEK LLP assumes no control over any content published on third-party websites or resources. These links are merely provided as a convenience, and we do not monitor the content published within them. In the event any of the Third Party Content hosted or linked to by the Platform infringes any Intellectual Property of any person, the Third Party shall be solely responsible for any loss or damage caused by such infringement, and we shall not be liable for the same. You may send us an email at (email id) to report any such copyright infringement in third-party content published on or linked to by our Platform.
10. OWNERSHIP OF CONTENT
- Those posting any form of User content on the Platform must verify the truthfulness and authenticity of the particulars of the content, including the time, place, and nature. Before allowing such content to be posted on the Platform, we have the right and authority to verify the accuracy of such particulars related to the content with the respective sources provided by the user posting such content, if we feel that there is a need to check such accuracy. We have the right to upload content on behalf of third parties, subsequent to collecting such information and verifying it if we deem it necessary. Notwithstanding this, we can in no way be held liable for any false or misleading information.
- In case any content is considered to be unlawful or against the law within any jurisdiction in which our Platform can be seen and accessed, it shall be removed forthwith by us on being intimated by the authorities of the respective jurisdiction that such content is deemed unlawful. We cannot be held liable or questioned for the same.
- PROTOSTAR IDEATEK LLP authorizes the User to view and access the content available on the Platform solely for the use of the Services as laid out in this Agreement. Any use of our Content and it being reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without our express prior written consent, is not allowed.
- Any User, whether registered or unregistered, is not permitted to access the Platform or any of its services for the purpose of evaluating their availability, performance, or functionality, or any other benchmarking or competitive purposes.
11. USER’S OBLIGATIONS
- Each User 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 such person does not have any right.
- is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;
- 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;
- harms minors in any way;
- deceives or misleads the addressee about the origin of such messages or communicates any information that is grossly offensive and menacing in nature;
- 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 thereunder; and
- threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or cause 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 Platform;
- Transmitting any information, including job posts, messages, hyperlinks etc. on or through the Platform that is disruptive or competitive to the provisions of the Platform;
- Intentionally submitting on the Platform any incomplete, false or inaccurate information;
- Making any unsolicited communications to other Users of the Platform;
- Using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the App/Website;
- Attempting to decipher, decompile, disassemble or reverse engineer any part of the Platform;
- Copying or plagiarizing in any manner any of the Content or information available from the Platform; and
- Framing or hot linking or deep linking any of our Content
12. USE OF PERSONAL AND DEVICE INFORMATION
- PROTOSTAR IDEATEK LLP may, through its Services, collect information relating to the devices through which you access the Platform, such as anonymous data of your usage of the Platform, along with the data provided by you for availing the Services being offered, which shall be used by PROTOSTAR IDEATEK LLP for performance enhancement, better communication purpose and for facilitating better services to the Users.
13. AVAILABILITY OF PLATFORM
We take all reasonable care to ensure the availability of our Platform 24 hoursa day, 365 days per year. However, the Platform may become temporarily unavailable due to planned and unplanned maintenance, brought about by server or other technical issues, or for reasons beyond our control. WE DO NOT WARRANT uninterrupted access to this Platform or any linked website/App. However, we may, but shall not be obliged to, issue a notice when we know of scheduled maintenance of any component of our Platform.
14. CHANGES TO THE PLATFORM & SERVICES; NEW SERVICES
We may from time to time add new features to the Services, substitute a new service for one of the existing Services, or discontinue or suspend one of the existingServices. We may terminate, change, suspend or discontinue any aspect of the Platform, including the availability of any features of the Platform or scheme at any time and without notice. Under no circumstances will PROTOSTAR IDEATEK LLP be liable for any suspension or discontinuation of any of the Services or portion thereof, and the use of new services will be governed by this Agreement, which may be appended in the event of a change in Service.
- Ceasing all access to the Platform; or
- Closing their accounts for all the Services that they use.
- You agree that PROTOSTAR IDEATEK LLP may at any time, and without notice, suspend or terminate any part of the Services, or terminate your Account and delete any Content stored on the platform, at PROTOSTAR IDEATEK LLP’s sole discretion, if:
- you engage in illegal, abusive, or bullying activities or perform any acts which may incite hatred or illegal activities.
- In case of illegal activities, e.g. works which hurts religious sentiments or lead to child abuse etc., we may pass on your details to relevant law enforcement agencies.We receive a report from a third party or another User of the Platform claiming a violation of their rightsas a result of your use of the Platform
- you fail to comply with the Agreement or applicable lawin force.
- Once terminated or suspended, either temporarily or permanently, the User may not continue to use the Platform under the same account, a different account, or re-register under a new account.
- he right to terminate/ suspend the account is in addition to, and without prejudice to our right to initiate action against the User, in accordance withapplicable law.
16. DISCLAIMERS & LIMITATION OF LIABILITY
- To the fullest extent permissible pursuant to applicable law, PROTOSTAR IDEATEK LLP disclaims all warranties of any kind, either express or implied, including but not limited to any implied warranties of accuracy, merchantability, fitness for a particular purpose, title or non-infringement.
- Without limiting the foregoing, PROTOSTAR IDEATEK LLP does not warrant that access to the service will be uninterrupted or error-free, or that defects, if any, will be corrected. You expressly agree that your use of the Platform and your reliance upon any of its contents is at your sole risk.
- PROTOSTAR IDEATEK LLP cannot and does not assume any responsibility for any loss, damages or liabilities arising from the failure of any telecommunications infrastructure, or the internet, or for your misuse of any protected health information, advice, ideas, information, instructions or guidelines accessed through the service.
- PROTOSTAR IDEATEK LLP disclaims any liability in relation to the validity of the medical advice provided by the Medical Experts and the validity and legality of the e-prescription for dispensation of medicines and 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 and/ or arising from the wrong dispensation of the Pharmaceutical Goods and Services will be of the concerned Third Party Labs or the Third Party Pharmacies as the case may be. PROTOSTAR IDEATEK LLP expressly disclaims any responsibility, obligation, liability, accountability or answerability with regard to the services provided through this Platform. You expressly agree to hold PROTOSTAR IDEATEK LLP harmless from any direct or indirect claim(s), action(s), legal proceeding(s), etc. arising out of your use of the Platform, including but not limited to medical advice given by a practitioner registered with us or recommendation/ dispensation or selling of any medicine by a chemist/practitioner/pharmacist registered with us and/or advice by any Doctor/Chemist/Service Provider listed with us.
- In the event of any problem with the service or any of its content, you agree that your sole remedy is to cease using the services. Under no circumstances shall PROTOSTAR IDEATEK LLP its affiliates or representative be liable in any way for your use of the service or any of its content, including, but not limited to, any errors or omissions in any content, any infringement by any content of the intellectual property rights or other rights of third parties, or for any loss or damage of any kind incurred as a result of the use of any content.
- Under no circumstances shall PROTOSTAR IDEATEK LLP, its affiliates, or representativesbe liable forany punitive, exemplary, consequential, incidental, indirect or special damages (including, without limitation, any personal injury, lost profits, business interruption, loss of programs or other data on your computer or otherwise) arising from or in connection with your use of the service, whether under a theory of breach of contract,negligence, strict liability, malpractice or otherwise.
- The Users may share their previous medical history during interaction with the Medical Experts. The Users undertake to share such information at their own risk. PROTOSTAR IDEATEK LLP reserves the right to retain such information for the purpose of providing Services to the Users.
- We shall not be responsible for the mishaps/missed services due to no service/no show from the Other Parties; We shall not be responsible for any error in any of the services being provided by the Doctor/Chemist/Service Providers.
- Users accept and acknowledge that PROTOSTAR IDEATEK LLP does not provide any representation or give any guarantee or warranty (whether express or implied, or whether arising byvirtue of a statute 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 Platform by Doctor/Chemist/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 Doctor/Chemist/Service Providers have legal title over the goods/products being offered for sale by them on the Platform. PROTOSTAR IDEATEK LLP also does not provide any representation or give any guarantee or warranty (whether express or implied) about the App/Website or any of the Services offered or services offered or provided by the Doctor/Chemist/Service Providers.
- The Other Parties further accept and acknowledge that PROTOSTAR IDEATEK LLPdoes not verify any content or information provided or obtained by either the Users or the Services Providers/, and to fullest extent permitted by applicable law(s), disclaims all liability arising out of the Other Parties’ use or reliance upon the Platform, the Services,Third Party Content, representations and warranties made by the Other Parties on the Platform or any opinion or suggestion given or expressed by the User_ or any Doctor/Chemist/Service Providers in relation to any Services provided on the Platform.
- In no event shall the PROTOSTAR IDEATEK LLP or its associates be liable or responsible for the listing order of Doctor/Chemist/Service Providers on the Platform as the listing of Doctor/Chemist/Service Providers on the Platform is based on numerous factors including Users comments and feedbacks.
- To the maximum extent permitted by applicable law(s), PROTOSTAR IDEATEK LLP, it’s affiliates, independent contractors, Doctor/Chemist/Service Providers, consultants, licensors, agents, and representatives, and each of their respective directors, officers or employees 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 Platform or the content, materials and functions related thereto; (ii) User's provision of information via the Platform; even if such Protected Entity has been advised of the possibility of such damages.
- In no event shall PROTOSTAR IDEATEK LLP be liable for, or in connection with, (i) the provision of, or failure to provide, all or any products or service by a Doctor/Chemist/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 Doctor/Chemist/Service Providers; or (iii) any content posted, transmitted, exchanged or received by or on behalf of any User, Doctor/Chemist/Service Providers or other person on or through the Platform.
- In no event shall PROTOSTAR IDEATEK LLP be responsible for any damage, whether physical or through a virus or any other type of malware, to the User’s devices and infrastructure such as mobile phone, computer, tablet, network etc. caused by the User’s access to or use of the Platform or any of its Services.
Exercise of any right will not affect the lawfulness of processing based on your prior consent
18. INTELLECTUAL PROPERTY RIGHTS
- All the intellectual property used on the Platform except those which have been identified as the intellectual properties of the Other Parties shall remain the exclusive property of the PROTOSTAR IDEATEK LLP. The Other Parties agree not to circumvent, disable or otherwise interfere with security related features of the Platform or features that prevent or restrict use or copying of any materials or enforce limitations on use of the Platform or the materials therein. The materials on thePlatform 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.
- The information including, without limitation,the content, services and software displayed on or used in connection with the Website or the Application, including for example text, photographs, html, source and object code, trademarks, logos, as well as its selection and arrangement, is owned by PROTOSTAR IDEATEK LLP and other Third Parties. You may use the content and information available on the Platform solely for your personal and non-commercial use.
- You shall not distribute or use for commercial purpose any information or content belonging to PROTOSTAR IDEATEK LLP, Third Parties, or other Users of the Platform and you shall not modify, copy, frame, cache, reproduce, sell, publish, transmit, display or otherwise use any portion of the content available on the Platform. You may not scrape or otherwise copy the content without permission. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Platform; not to insert any code or product or manipulate the content of the Platform in any way that affects the user's experience, and not to use any data mining, data gathering or extraction method.
Assignment: We may assign this contract at any time, including without limitation to any parent, subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of our company to another entity. You may not assign, transfer or sublicense this Agreement to anyone else and any attempt to do so in violation of this section shall be null and void.
Force Majeure: We shall not be liable to the User or be deemed to be in breach of this Agreement by reason of any delay in performing or any failure to perform any of our obligations if the delay or failure was due to any cause beyond our reasonable control. Without prejudice to the generality of the foregoing the following shall be regarded as causes beyond our reasonable control:
Breaches Of These Terms And Conditions:
Without prejudice to the user’s other rights under these terms and conditions, if you breach any of these terms and conditions in anyway, we may take such action as deemed appropriate to deal with the breach, including seeking of legal remedy, suspending your use, access to the Platform, prohibiting you from accessing the Platform, blocking electronic devices using your IP address from accessing, using and testing the Platform and/or contacting your internet Doctor/Chemist/Service Provider to request that they block your access to the Platform.
Survival and Severability.
Those sections of this Agreement which, by their nature, are intended to survive termination (including disclaimers of warranties, indemnification, and provisions regarding intellectual property rights) shall so survive any termination or expiration of this Agreement. If any provision in this Agreement shall be found or be held to be invalid or unenforceable, then the meaning of said provision shall be considered, to the extent feasible, to render the provision enforceable, and if no feasible interpretation would save such provision, it shall be severed from the remainder of this Agreement which shall remain in full force and effect.
In the event of any dispute or difference between the Parties hereto, whether arising during the currency or after the completion of this Agreement, or after the determination thereof (whether for breach or for any other reason) in regard to any matter or thing of whatsoever nature arising out of this Agreement or in connection therewith, then either Party shall give to the other notice, in writing, of such dispute or difference and the same shall be settled by arbitration in Mumbai, India in accordance with the Arbitration and Conciliation Act, 1996, or any statutory modification or substitution thereof.
These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts at Mumbai, India.
20. CONTACT INFORMATION