TERMS AND CONDITIONS
We reserve the right to amend these Terms at any time and your use of the Services following any amendments will represent your agreement to be bound by these Terms as amended. We therefore recommend that each time you access the Platform or use our Services, you read these Terms.
This Platform is intended for use by you only if you are 18 years of age. The Services are not available to any users previously removed from the service by us. If you are using an account to use the Platform on behalf of a company, entity or organization, then you represent and warrant that you: (i) are an authorized representative of that subscribing entity with the authority to bind such entity to these Terms, and (ii) agree to be bound by these Terms on behalf of such entity. We shall not be under any obligation to verify your authority, on behalf of a company or a legal entity. Additionally, users are prohibited from transferring their PRESCRIBEZ™ account to another party. If you do not qualify, you should not use these Services.
You undertake and confirm that your registration details, including your name, date of birth, gender, phone number, family information, health records including weight and height, personal information and email address or any other information provided by you for availing the Services, are true and accurate at all times and you undertake to update your registration details from time to time. If we become aware that the information provided by you is incorrect or false, we reserve the right to immediately cancel your registration and acceptance for registration in the future will be at our discretion.
Your PRESCRIBEZ™ user account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. As part of the Services, you authorize us to import your login-in credentials, details and Personal Information dispersed over Third Party Platforms. "Third Party Platforms" would include, but are not limited to social networking platforms, such as Facebook, LinkedIn, Twitter or Google and other similar platforms.
You may never use another User’s account. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password including one-time password (OTP) secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must notify PRESCRIBEZ™ immediately of any breach of security or unauthorized use of your account. PRESCRIBEZ™ shall not be liable for any losses caused by any unauthorized use of your account.
You may control your User account and how you use the Services by changing the settings in your “account settings” page. By providing PRESCRIBEZ™ your email address, you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and newsletters, special offers. If you do not want to receive such email messages, you can unsubscribe from receiving these e-mails. Opting out may prevent you from receiving email messages regarding updates, improvements, or promotional content.
The Services made available by the Platform which are offered free of charge to the Users are:
Facilitating delivery of drugs and pharmaceutical products offered by the pharmacies engaged with the Platform.
The Platform allows you to have access to registered Health Care Providers’ information so as to interact with them for booking appointments and obtaining feedback in relation to the services offered by such Health Care Providers. We will try to get an appointment with the respective Health Care Provider, but you acknowledge that we do not guarantee that you will get a confirmed appointment. You agree and acknowledge that PRESCRIBEZ™ shall not be liable if the appointment is not confirmed or cancelled by a particular Health Care Provider at any stage.
You may use the Platform to purchase various drugs and pharmaceutical products, including drugs which cannot be sold without a valid prescription duly issued by a Registered Medical Practitioner (“Prescription Drugs”), offered for sale on the Platform by pharmacies (“Pharmacy” or “Pharmacies”) who are Registered licensed pharmacy stores. To purchase the Prescription Drugs from Pharmacies through the Platform, you are required to upload a scanned copy of the prescription, to complete the purchase. The order would not be internally processed and forwarded to the concerned Pharmacies by the Platform until it receives a copy of a valid prescription. You are also required to produce an original prescription issued by a Registered Medical Practitioner at the time of delivery of Prescription Drugs. In case the prescription does not match with the uploaded image then the delivery person shall not deliver the Prescription Drugs to you.
You understand and acknowledge that the Company shall endeavour to allot the prescriptions to the pharmacy nearest to your residence (or any other place from where you have placed the order). You undertake not to dispute the decision of the Company regarding the same. You shall have the option of ordering non-prescription medicines and other ancillary items, e.g. wellness products along with the Prescription Drugs (collectively “Products”) from the Pharmacies. You understand and acknowledge that the delivery of the Products shall always be subject to availability. You may reduce the number of Prescription Drugs ordered from the Pharmacies, till the time of confirmation of order, but you cannot increase the number of Prescription Drugs ordered. You may, however, reduce or increase the number of non-prescription drugs and wellness products ordered from the Pharmacies till the time of confirmation of the order.
The Products may be delivered by a third-party delivery company. You grant the Company absolute right to share the order information with such third-party delivery companies. You accept and acknowledge that the third-party delivery company or such other transporter or delivery personnel, engaged by the Pharmacies, shall be independent contractors in-charge of the delivery of the Products from the concerned Pharmacy to the address notified by you. You understand and acknowledge that the Company shall not have any control over such delivery of Products or on such third-party delivery company and no additional obligation in relation to the Products. The Company shall not be liable for any Products which are out of stock, unavailable or back ordered.
The Company and the Platform, at its discretion, reserves the right to accept or decline any order placed by You and reserves the right to discontinue the facilitation of sale and purchase of Products on the Platform, without any notice to you.
You understand and acknowledge that you shall be required to hand over the prescription (in original) for verification and validation before the delivery of Prescribed Drugs. This is in accordance with applicable law which requires a valid prescription signed by a Registered Medical Practitioner for the sale and delivery of Prescribed Drugs. You understand and acknowledge that the delivery of Prescribed Drugs is subject to the verification and confirmation of the prescription by the delivery personnel or the Pharmacies, as the case may be. It is clarified that the Prescribed Drugs will not be delivered to you in the absence of a valid prescription.
You understand and acknowledge that, by placing an order for the Products upon the Pharmacy, you are entering into a binding and legally enforceable contract with the Pharmacy to purchase the Products, by using any of the payment modes available on the Platform. Company is under no obligation to verify or guarantee the identity of any Pharmacy and the Company does not guarantee the completion of sale and purchase of the Products, between you and the Pharmacy.
In the event, you are the intended beneficiary/care giver/parent/guardian/authorised person, you hereby authorise and appoint the Platform and/or Company and its affiliates, if any, to act as your agent and attorney for the limited purposes of (i) packaging the Products and delivering the same to you, (ii) shipping the Products to your designated address.
You confirm that, you are fully aware of the advantages, consequences and side effects of the Products which are ordered by you. The Company or the Platform shall not be liable or responsible for any effects of overdoses of the Products, purchased by the you. The Platform and the Company recommends you to obtain a physician’s advice before ordering any Products on the Platform.
You understand and acknowledge that the Platform is not in the business of selling Products, but only aggregates your orders and places it on the Pharmacies. The Platform and/or the Company shall not be responsible for the quality or quantity of the Products including the Prescribed Drugs. In the event, you are dissatisfied or have any claims with or in relation to any Products including Prescribed Drugs, you undertake to approach and settle such action or claim directly with the respective Pharmacy. You confirm that the You shall not to make the Platform or Company a party to any such action or claim.
You understand and acknowledge that the Products displayed on the Platform are for representational and information purposes only, and the Platform is not intended to provide any medical advice, treatment, diagnostic or therapeutic services. The Company/Platform shall not be liable for any adverse consequences that you may face because of your reliance on any information displayed on the Platform. You further understand and acknowledge that it is mandatory to seek professional medical advice from a Registered Medical Practitioner before purchasing or ingesting any Products available on the Platform.
You understand, acknowledge and agree that the Platform or the Company shall not be responsible for any transactions between you and the Pharmacies and the transaction shall be done at your sole risk, liability and responsibility or that of the Pharmacies, as the case may be.
You understand and acknowledge that the Platform or the Company is not a pharmacy, nor a representative of any pharmacy. You further understand and acknowledge that the Platform or the Company is not a stockist and does not stock any Products or Prescribed Drugs.
You understand and acknowledge that the Platform is a mere aggregator or a facilitator of the sale and purchase between you and the Pharmacies, and the Company or the Platform does not fall within the ambit of the Drugs and Cosmetics Act, 1940 and the Food Safety and Standards Act, 2006 and/or any other rules and regulations enacted under these statutes.
You understand and acknowledge that the Company/Platform shall not be liable for any claims or damages resulting from any transaction initiated by you through the Platform or any delay in processing any transaction or delay in delivering the Products to you.
Company is not responsible or liable for any non-performance or breach of any contract entered into between you and the Pharmacy. You acknowledge that the Company has no control over the concerned Pharmacies and therefore cannot guarantee the performance of contract by the Pharmacy, on the Platform. Company does not assume or is under no obligation to resolve any dispute or disagreement between you and the Pharmacy in relation to the sale and purchase of the Products or otherwise.
You waive all your rights to raise a claim against the Company for any personal injury or serious ailments, resulting in death, caused due to the non-delivery of Products or delay in delivery of Products. Any such claim shall be directly raised on the concerned Pharmacy.
Company shall not, at any point of time, take possession of, gain title to or have any rights or claims over the Products or services offered by Pharmacy, through the Platform.
Mode of Payment:
The Platform provides you the option of paying for the Products through a payment gateway on the Platform, or by cash on delivery.
We shall endeavour to deliver the confirmed order as per the schedule communicated to you. In the event we are unable to deliver the Products within 72 hours, you shall be entitled to claim a refund for the amount you have paid in advance. You understand and acknowledge that any refund is contingent upon you raising the claim within the stipulated time. You further understand and acknowledge that in the event you fail to raise a claim within the stipulated time, you shall be ineligible for the refund.
The refund shall in no case exceed the specific transaction price agreed between you and the Pharmacy and shall be made in Indian rupees, only. The mode of refund shall be communicated to you, once the refund amount is confirmed. For payments made through the payment gateway, the refund timeline would be as per the terms of the payment gateway.
Subject to these Terms, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Services for your personal, non-commercial use only and as permitted by the features of the Services and these Terms. PRESCRIBEZ™ reserves all rights not expressly granted herein in and to the Services and in the PRESCRIBEZ™ Content (as defined below). PRESCRIBEZ™ may terminate this license at any time with or without any reason or notice.
PRESCRIBEZ®’s role is solely as a facilitator to provide a platform and the infrastructure for patients to be able to interact with Health Care Providers through any communication mode provided on the platform (voice call, chat, video call, messaging or any other) and PRESCRIBEZ® role is limited to a) providing the infrastructure for a platform for hosting and publishing Content from Health Care Providers, Users and others b) facilitate Users to raise health related queries and Health Care Providers to provide preliminary and generic information in response to the queries c) facilitate private interaction between User and Health Care Providers. 72
Except for your User Content, the videos and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the “PRESCRIBEZ™ Content”), and all Intellectual Property Rights related thereto, are the exclusive property of ThingsMeet Solutions Pvt Ltd and its licensors (including other Users who post User Content to the Service). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any PRESCRIBEZ™ Content. Use of the PRESCRIBEZ™ Content for any purpose not expressly permitted by these Terms is strictly prohibited.
You may choose to or we may invite you to submit or you may submit comments or feedback, review, ratings about the Services or the Health Care Providers, etc., including without limitation about how to improve the Services. By submitting any comment, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place PRESCRIBEZ™ under any fiduciary or other obligation to maintain the secrecy of such feedback, comments or review and that we are free to use the feedback, review, ratings without any additional compensation to you, and/or to disclose the same on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, PRESCRIBEZ™ does not waive any rights to use similar or related ideas previously known to PRESCRIBEZ™, or developed by its employees, or obtained from sources other than you.
The Platform may from time to time contain hyperlinks to other websites or mobile applications. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our Platform to another website or mobile application does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or services which they provide. PRESCRIBEZ™ is not a party to any transaction between you and such website. Your use of such website is subject to the terms and conditions of that website, without any reference to this Platform.
You may link our Platform to the other websites without our consent. Any such linking will be entirely your responsibility and at your expense, PRESCRIBEZ™ shall not be held responsible for such linking. By linking, you must not alter any of our Platform’s contents including any intellectual property notices and you must not frame or reformat any of our pages, files, images, text or other materials.
The copyright to all content that has been created by us, including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials. PRESCRIBEZ™ retains all rights in the PRESCRIBEZ™ Content, including (without limitation) all copyright and other proprietary rights worldwide in all media. During the tenure of these Terms or thereafter, you shall not register or apply for registration directly or indirectly any intellectual property or any intellectual property right similar to PRESCRIBEZ™’s intellectual property rights.
All trademarks, brands and logos generally identified either with the symbols TM or ® which are used on this Platform are either owned by us or we have a licence to use them. Your access to our Platform does not license you to use those marks in any commercial way without our prior written permission.
If you provide us with comments, feedbacks or reviews, you acknowledge that you are solely responsible for the content of such material including its legality, originality and copyright.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Platform. PRESCRIBEZ™ content is not for resale. Your use of the Platform does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of PRESCRIBEZ™ and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of PRESCRIBEZ™ or our licensors except as expressly authorized by these Terms.
PRESCRIBEZ™ collects, directly or indirectly, and displays on the Platform, relevant information regarding the profile and practice of the Health Care Providers listed on this Platform, such as their specialisation, qualification, fees, location, visiting hours, and similar details. PRESCRIBEZ™ takes reasonable efforts to ensure that such information is updated at frequent intervals. Although PRESCRIBEZ™ screens and vets the information and photos submitted by the Health Care Providers, it cannot be held liable for any inaccuracies or incompleteness represented from it, despite such reasonable efforts. The Content that you obtain or receive from PRESCRIBEZ™, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise through the Services or the Platform are for informational, scheduling purposes only. All medically related information, including but not limited to information shared via ThingsMeet answers, the ThingsMeet blog, official ThingsMeet social channels, ThingsMeet emails and text messages, and ThingsMeet advertising, comes from independent healthcare professionals and organizations and is for information purposes only. You acknowledge that ThingsMeet does not provide such information through the channels on this Platform.
THE CONTENT, WHETHER SUCH CONTENT IS PROVIDED BY OR THROUGH THE USE OF THE SERVICES OR THROUGH ANY OTHER COMMUNICATIONS FROM THINGSMEET, OR THROUGH THIS PLATFORM IS NOT INTENDED AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL ADVICE FROM A QUALIFIED HEALTH CARE PROVIDER BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE PLATFORM. DO NOT USE THE SERVICES FOR EMERGENCY MEDICAL NEEDS. IF YOU EXPERIENCE A MEDICAL EMERGENCY, IMMEDIATELY CALL A HEALTH CARE PROFESSIONAL. YOUR USE OF THE CONTENT IS SOLELY AT YOUR OWN RISK. NOTHING STATED OR POSTED ON THIS PLATFORM OR AVAILABLE THROUGH ANY SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE, DENTISTRY, NURSING, OR OTHER PROFESSIONAL HEALTH CARE ADVICE, OR THE PROVISION OF MEDICAL CARE.
We do not recommend or endorse any specific tests, Healthcare Providers, procedures, opinions, or other information that may appear through the Services. If you rely on any Content provided through the Services, you do so solely at your own risk.
PRESCRIBEZ™ reserves the right, in its sole discretion, to terminate your access to the Platform and the related services or any portion thereof at any time, without notice. Your right to access and use the Platform terminates automatically upon your material breach of any of the of these Terms.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and PRESCRIBEZ™ as a result of this agreement or use of this Platform. PRESCRIBEZ™'s performance of these Terms are subject to existing laws and legal process, and nothing contained in these Terms are in derogation of PRESCRIBEZ™'s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Platform or information provided to or gathered by PRESCRIBEZ™ with respect to such use. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect.
Unless otherwise specified herein, these Terms constitutes the entire agreement between the user and PRESCRIBEZ™ with respect to the Platform and use of the Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the User and PRESCRIBEZ™ with respect to this Platform and the Services. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Survival: The disclaimer of warranties, the limitation of liability, indemnity and governing law provisions will survive any termination.
You agree not to engage in any of the following activities:
Violating laws and rights:
You may not (a) use the Platform for any illegal purpose or in violation of any local, state, national, or international laws, (b) violate or encourage others to violate any right of or obligation to a third party, including but not limited to, by infringing, misappropriating, or violating intellectual property, confidentiality, or privacy rights.
You may not use the Platform or any information provided through the Platform for the transmission of advertising or promotional materials, including junk mail, spam, chain letters, or any other form of unsolicited or unwelcome solicitation.
You may not use the Platform in any manner that could disable, overburden, damage, or impair the Platform, or interfere with any other party’s use and enjoyment of the Platform; including by (a) uploading or otherwise disseminating any virus, adware, spyware, worm or other malicious code, or (b) interfering with or disrupting any network, equipment, or server connected to or used to provide any of the Services on the Platform, or violating any regulation, policy, or procedure of any network, equipment, or server.
You may not share or transmit Contents or Details that are harmful, offensive, obscene, abusive, invasive of privacy, defamatory, hateful or otherwise discriminatory, false or misleading, or incites an illegal act; you may not intimidate or harass another through the Platform.
Impersonation or unauthorized access:
You may not impersonate another person or entity, or misrepresent your affiliation with a person or entity when using the Platform;
You may not use or attempt to use another’s account or personal information; and, you may not attempt to gain unauthorized access to the Platform, or the computer systems or networks connected to the Platform, through hacking password mining or any other means.
Information against any country:
You shall not upload, modify, transmit, update or share any information that threatens the unity, integrity, defence, security or sovereignty of any country or insults any country.
You agree to abide by all applicable laws and regulations and are solely responsible for all acts or omissions by you on the account.
You agree to defend, indemnify and hold harmless ThingsMeet Solutions Pvt Ltd and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers, shareholders and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising out of or related to: (i) your use of and access to the Services, including any data or content transmitted or received by you; (ii) your violation of these Terms, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) User Content or any other information or content that is submitted via your account including without limitation misleading, false or inaccurate information; (vi) negligent or wilful misconduct; or (vii) any other party’s access and use of other appropriate security code.
WE MAKE NO GUARANTEES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO PROFESSIONAL QUALIFICATIONS, EXPERTISE, QUALITY OF WORK, PRICE OR COST INFORMATION, INSURANCE COVERAGE OR BENEFIT INFORMATION, OR OTHER CONTENT THROUGH THE SERVICES. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON ANY SUCH CONTENT. FURTHERMORE, WE DO NOT IN ANY WAY ENDORSE OR RECOMMEND ANY INDIVIDUAL LISTED OR ACCESSIBLE THROUGH THE SERVICES.
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THINGSMEET SOLUTIONS PVT LTD, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS AND EXCLUSIONS UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
PRESCRIBEZ™ DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PRESCRIBEZ™ SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND PRESCRIBEZ™ WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF SERVICES.
PRESCRIBEZ SHALL NOT BE LIABLE FOR ANY WRONG MEDICATION OR TREATMENT QUALITY BEING GIVEN BY THE HEALTH CARE PROVIDER(S), OR ANY MEDICAL NEGLIGENCE ON PART OF THE HEALTH CARE PROVIDER(S); ANY TYPE OF INCONVENIENCE SUFFERED BY THE USER DUE TO A FAILURE ON THE PART OF THE HEALTH CARE PROVIDER TO PROVIDE AGREED SERVICES OR TO MAKE HIMSELF/HERSELF AVAILABLE AT THE APPOINTED TIME, NO SHOW BY THE HEALTH CARE PROVIDER, INAPPROPRIATE TREATMENT, OR SIMILAR DIFFICULTIES; ANY MISCONDUCT OR INAPPROPRIATE BEHAVIOUR BY THE HEALTH CARE PROVIDER OR THE HEALTH CARE PROVIDER’S STAFF; CANCELLATION OR RESCHEDULING OF BOOKED APPOINTMENT OR ANY VARIANCE IN THE FEES CHARGED; ANY MEDICAL EVENTUALITIES THAT MIGHT OCCUR SUBSEQUENT TO USING THE SERVICES OF A HEALTH CARE PROVIDER, WHOM THE USER HAS SELECTED ON THE BASIS OF THE INFORMATION AVAILABLE ON THE PLATFORM OR WITH WHOM THE USER HAS BOOKED AN APPOINTMENT THROUGH THE PLATFORM.
THE HEALTH CARE PROVIDERS HAVE PROVIDED THEIR DETAILS
The Service is controlled, operated and administered by PRESCRIBEZ™ from our offices within India. If you access the Service from a location outside India, you are responsible for compliance with all local laws. You agree that you will not use the PRESCRIBEZ™ platform Content accessed through http://www.Prescribez.com or the PrescribezTM mobile Application in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
IN NO EVENT SHALL WE BE LIABLE TO YOU (OR TO ANY THIRD PARTY CLAIMING UNDER OR THROUGH YOU) FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, OR INABILITY TO USE, THE PLATFORM AND/OR THE SERVICES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, ANY OTHER COMMERCIAL DAMAGES OR LOSSES, OR MEDICAL MALPRACTICE OR NEGLIGENCE OF HEALTHCARE PROVIDERS UTILIZED THROUGH USE OF THE SERVICE, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY CONTENTS POSTED BY YOU OR BY ANY USER OR THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
You certify that you will use and access the Platform in accordance with these Terms. You are forbidden to transmit unsolicited commercial email (spam) by using and accessing the Platform. Additionally, you are required to reconfirm (permission pass) or stop mailing an existing list when it is determined to be in violation of our anti-spam policy. Repeated violations or failures to comply with this anti-spam policy will result in termination of your access to the Platform. You agree and acknowledge that, we shall not be held liable for any claim that may arise due to your violation of this anti-spam policy.
You understand and acknowledge that the payment against the Services is on a non-refundable and no-cancellation basis You may however, reschedule the appointment with the same Health Care Provider, by directly contacting such Health Care Providers and provided the same is acceptable to them.
We shall not be liable for any refunds to you in the event your booked slot/ pre-scheduled appointment has been delayed, postponed or cancelled by the Health Care Provider.
Any grievances and claims related to the appointment/ refund should be reported to the Platform’s support team at email@example.com within two (2) days of the appointment date with the Health Care Provider. Any grievances or claims raised after the expiry of 2 days, shall not be entertained by Prescribez.
The Platform may, while providing the Services, collect information relating to the devices through which you access the Platform along with the anonymous data of your usage. The collected information will be used only for improving the quality of the Services and to build new services.
The Platform allows Prescribez to have access to your personal email or phone number, for communication purpose so as to provide you a better way of booking appointments and for obtaining feedback in relation to the Health Care Providers and their practice.
You understand and agree that any interactions and associated issues with other Users including but not limited to your health issues and your experiences is strictly between you and the other Users. You shall not hold the Platform responsible for any such interactions and associated issues. For the sake of clarity, the Platform is not involved in providing any healthcare or medical advice or diagnosis, and therefore is not responsible for the outcome of any interaction(s) between you and any particular Health Care Provider , initiated through the Platform . If you decide to engage with a Health Care Provider for your medical requirements , you do so at your own risk. The results of any search you perform on the Platform for Health Care Providers should not be construed as an endorsement by the Platform of any Health Care Provider. Prescribez shall not be responsible for any breach of service or service deficiency to be provided/ or provided by any Health Care Provider. We cannot assure nor guarantee the ability or intent of the Health Care Providers to fulfil their obligations towards you. We advise you to perform your own investigation prior to selecting a particular Health Care Provider.
Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by PRESCRIBEZ™ without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
Notification Procedures and Changes to the Agreement. PRESCRIBEZ™ may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by PRESCRIBEZ™ in our sole discretion. PRESCRIBEZ™ reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement. PRESCRIBEZ™ is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. PRESCRIBEZ™ may, in its sole discretion, modify or update this Agreement from time to time, and so you should review this page periodically. When we change the Agreement in a material manner, we will update the ‘last modified’ date at the bottom of this page. Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Service. If you do not agree to any of these terms or any future Terms of Service, do not use or access (or continue to access) the Service.
Entire Agreement/Severability. This Agreement, together with any amendments and any additional agreements you may enter into with PRESCRIBEZ™ in connection with the Service, shall constitute the entire agreement between you and PRESCRIBEZ™ concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect, except that in the event of unenforceability of the universal Class Action/Jury Trial Waiver, the entire arbitration agreement shall be unenforceable.
No Waiver. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and PRESCRIBEZ™’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
Contact. Please contact us at firstname.lastname@example.org with any questions regarding this Agreement.
Any dispute or claim relating in any way to your use of any PRESCRIBEZ™ Service, by PRESCRIBEZ™ or through PRESCRIBEZ™ will be resolved by binding arbitration appointed by PRESCRIBEZ™. The arbitration proceedings shall be governed by the Arbitration and Conciliations Act, 1996 and the seat of the arbitration shall in Pune. The language of the proceedings shall be English and the award of the proceedings shall be final and binding on the parties.
Confidential. Last updated on 15 December 2017