Please read carefully and completely
www.DrPrax.com ("website") and DrPrax, a mobile app are operated by Proost Solutions Pvt. Ltd, a company incorporated under the provisions of the Companies Act, 1956 (hereinafter, referred to as “Company” or “We” or “Us” or “DrPrax”) with registered office address as 12 Ramkunj Apts, ICS Colony, Ganeshkhind Road, Pune - 411007. The domain name https://www.drprax.com and the mobile application ‘DrPrax’ are collectively referred to as “Website” (or “DrPrax” or “ We” or “Us” or “Our”).
No User is entitled to accept only part of the Terms. If a User does not agree to the Terms in full, such Users should not use the App or the Website.
The Terms apply to You whether You are -
- A medical health care practitioner (any person permitted to practice medicine by any of the Medical Councils in India (MMC, MCI, MCIM, CCIM, MCH or others) who will be verified and authenticated by us) or health care provider (whether an individual professional or an organization, or similar institution including designated, authorized associates or institutions (“HCP(s)”, “You” or “User”); or
- A patient, his/her representatives or affiliates (“End-User”, “Patient”, “You” or “User”); or
- Pharmacies, Diagnostic Labs, and all other service providers will be collectively referred to as “Service Providers” from here on.
- Otherwise a user of the Website (“You” or “User”).
The Terms applies to any and all services made available by DrPrax on the Website, which are offered to the Users (“Services”) including Service Providers doctor-patient consultation.
The use of this App by You is solely governed by this Terms of Service and any other terms or policies published by Us. Moving past the home page of the Website or downloading the App and using any of the services shall be taken to mean that You have read and agreed to all of the terms and conditions so binding on You as laid down in these terms. You will be subject to the rules, guidelines, policies, terms, and conditions as applicable to any service that is provided by this App, and they shall be deemed to be incorporated into this Terms of Service and shall be considered as part and parcel of this Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
The Terms are published in compliance of, and are governed by the provisions of Indian law, including but limited to: the Indian Contract Act, 1872, the (Indian) Information Technology Act, 2000 and the rules, regulations, guidelines and clarifications framed thereunder, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the "SPI Rules”) and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”). Your access to use of the Website, App and the Services will be solely at the discretion of DrPrax.
The Website enables online, phone and clinic consultations between patients and HCPs, facilitates communication among HCPs (such as doctor to doctor communication for the purpose of networking as well as to discuss patient cases or refer patient cases or track a patient’s progress), facilitates offering of services from HCPs/service providers including but not limited to diagnostic labs, physiotherapy centers, nurses, ambulances, blood banks, and provides a platform for Users to place order for medicines which are fulfilled by our partner pharmacies.
TERMS RELATED TO ALL USERS
- For the purposes of transacting with Service Providers through the Website, the Users are required to obtain registration, in accordance with the procedure established by DrPrax in this regard.
- A registered id can only be utilized by the person whose details have been provided and DrPrax does not permit multiple persons to share a single log in/ registration id. However, a registered user, being also a parent or legal guardian of a person ‘incompetent to contract’ such as minors or persons with unsound mind, would be permitted to access and use the Website for the purposes of purchasing drugs or other pharmaceutical products or services, on behalf of such persons.
- The registration on or use/access of the Website is only available to natural persons (individual or person representing an institute such as hospital/clinics/organization etc.), other than those who are ‘incompetent to contract’ under the Contract Act. That is, persons including minors, un-discharged insolvents etc. are not eligible to register on, or use/access the Website.
- By registering, accessing or using the Website, You accept the terms of the Contract and represent and warrant to DrPrax that You are ‘competent to contract’ under the Contract Act (i.e. a person of sound mind and beyond 18 years of age) and have the right, authority and capacity to use the Website and agree to and abide by its Terms.
- You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
- You must not transmit any worms or viruses or any code of a destructive nature.
- A breach or violation of any of the Terms will result in an immediate termination of your Services.
Modification of Website
DrPrax reserves the right to modify or discontinue, temporarily or permanently, the Website or any features or portions thereof without prior notice. You agree that DrPrax will not be liable for any modification, suspension or discontinuance of the Website or any other part thereof. You understand the App downloaded on to your phone or tablet is owned by Us and We may automatically upgrade the App and these Terms shall apply to the upgrades as well.
- You hereby expressly agree to receive communications by way of app notifications, SMS, e-mails, phone calls relating to the Products offered through the Website.
- A User can unsubscribe / opt-out from receiving communications from company through SMS and e-mail anytime by sending an email to [email protected] .
- Newsletters sent by email from time to time, or daily, at the registered email address by clicking on the unsubscribe option attached at the bottom of newsletter received through e-mail.
- DrPrax shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the User to DrPrax.
- The User is responsible for maintaining the confidentiality of the User’s account access information and password, if the User is registered on the Website. The User shall be responsible for all usage of the User’s account and password, whether or not authorized by the User. The User shall immediately notify DrPrax of any actual or suspected unauthorized use of the User’s account or password. Although DrPrax will not be liable for your losses caused by any unauthorized use of your account, You may be liable for the losses of DrPrax or such other parties as the case may be, due to any unauthorized use of your account.
- If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or DrPrax has reasonable grounds to suspect that such information is untrue, inaccurate, not current, wilfully supressed or incomplete, DrPrax has the right to discontinue the Services to the User at its sole discretion.
- If You decide to engage with a HCP to procure medical services to You, You shall do so at your own risk. DrPrax shall not be responsible for any breach of service or service deficiency by any HCP. You also agree to share your case history and medical records with the chosen doctor/HCP.
- If You decide to use the payment gateway to make payments online, it is solely at your discretion. Should there be any issues with regard to the payment not reaching the respective HCP’s account, please reach out to [email protected]
- If You agree to allow a doctor to refer You to another doctor/HCP through DrPrax, You also agree to allow the doctor to share your case history and medical records with the doctor/HCP to whom the case is being referred.
- All Users and HCPs hereby agree to share non-personal and non-identifiable information with third-party entities for legitimate medical, para-medical and research purposes.
Listing Content and Disseminating Information
- DrPrax collects, directly or indirectly, and displays on the Website, relevant information regarding the profile and practice of the HCPs listed on the Website, such as their specialization, qualification, fees, location, visiting hours, and similar details. Although DrPrax makes reasonable efforts to vet the information submitted by the HCPs, it cannot be held liable for any inaccuracies or revisions or modifications or misrepresentations or incompleteness represented from it, despite such reasonable efforts.
- DrPrax does not provide or make any representation, warranty or guarantee, express or implied about the Website or the Services. DrPrax does not guarantee the accuracy or completeness of any content or information provided by Users on the Website. To the fullest extent permitted by law, DrPrax disclaims all liability arising out of the User’s use or reliance upon the Website, the Services, representations and warranties made by other Users, the content or information provided by the Users on the Website, or any opinion or suggestion given or expressed by DrPrax or any User in relation to any User or services provided by such User.
- For better availability of information in the best interest of the Users, the Website may be linked to the website of third parties, affiliates and business partners. DrPrax has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through our Website. Inclusion of any link on the Website does not imply that DrPrax endorses the linked site. User may use the links and these services at User’s own risk. We have no control over any third party user generated content as We are merely an intermediary for the purposes of those content. In the event, if any of the Third Party Content infringes any Intellectual Property of any person, the Third Party shall be solely responsible for any loss caused and We shall not be liable. You may send as an email at [email protected] to report any such content. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
- Other than when expressly allowed, 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.
- Despite prudent precautions, DrPrax assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect User’s equipment on account of User’s access to, use of, or browsing the Website or the downloading of any material, data, text, images, video content, or audio content from the Website. If a User is dissatisfied with the Website, User’s sole remedy is to discontinue using the Website.
- If DrPrax determines that You (doctors/hospitals/clinics etc..) have provided fraudulent, inaccurate, or incomplete information, including through feedback, DrPrax reserves the right to immediately suspend your access to the Website or any of your accounts with DrPrax and makes such declaration on the website alongside your name/your clinic’s name as determined by DrPrax for the protection of its business and in the interests of Users. You shall be liable to indemnify DrPrax for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected DrPrax or its Users.
Online, Phone and Clinic Consultation Facility
- The results of any search Users perform on the Website for HCPs should not be construed as an endorsement by DrPrax of any such particular HCP. If the User decides to engage with a HCP to seek medical services, the User shall be doing so at his/her own risk.
- DrPrax is not involved in providing any healthcare or medical advice or diagnosis and hence is not responsible for any interactions between User and the HCP. User understands and agrees that DrPrax will not be liable for:
- User interactions and associated issues User has with the HCP.
- The ability or intent of the HCP(s) or the lack of it, in fulfilling their obligations towards Users.
- Any wrong medication or quality of treatment being given by the HCP(s), or any medical negligence on part of the HCP(s).
- Inappropriate treatment, or similar difficulties or any type of inconvenience suffered by the User due to a failure on the part of the HCP to provide agreed Services.
- Any misconduct or inappropriate behaviour by the HCP or the HCP’s staff.
- Online or phone consultation is not a substitute for physical/in-person consultation with a HCP. Neither DrPrax nor HCPs on DrPrax are legally liable for any mishap that may happen due to HCP’s response (typological errors, technological failures or any other), delay in response or non-response. DrPrax should not be used for any emergency/urgent care; for that You should contact the nearest emergency care health facility available to You.
- DrPrax services are not intended to replace a primary care physician relationship or be your permanent medical home. You should seek emergency help or follow-up care when recommended by a treating provider or when otherwise needed, and continue to consult with your primary care physician and other healthcare professionals as recommended.
- The response times stated on the site and any other materials from DrPrax is to be treated as guidelines only and actual times may vary. Doctors or treating providers might be busy or otherwise preoccupied which might lead to significantly delayed response times. DrPrax is intended for quick follow-on requests and patients pay heed to the instructions from their doctor on their own judgment
Terms related to order of medicines placed via DrPrax
- Among other things, DrPrax provides Services through the Website, which is a platform that facilitates, among other things, the purchase of drugs and other pharmaceutical products, and services offered by Service Providers. You understand and agree that DrPrax and the Website merely provide lead generation or facilitation services as well as customer service to help our Users have a good experience. All items offered for sale or services provided on the Website, and the content made available by the Service Providers/ manufacturers of drugs and other pharmaceutical products (“Manufacturers”), are third party user generated contents.
- The Users understand and agree that all terms with respect to the sale/ purchase/ delivery and consumption of the drugs and other pharmaceutical products or services are offered by and agreed to between Users and Service Providers and the contract for purchase of any of the drugs or other pharmaceutical products, or services, offered for sale on the Website by the Service Providers shall strictly be a bipartite contract between the Service Provider/Service Provider and the User.
- For the avoidance of doubt, the User further accepts and acknowledges that DrPrax or HCPs do not engage in the distribution of the concerned drugs or other pharmaceutical products, and may only connect user to Pharmacist/third party transporter/ courier delivery personnel for the purposes of delivery of drugs or pharmaceutical products from the concerned pharmacy to the address notified by the User.
- While communicating/ transacting with Service Providers through the Website, the Users shall at all times ensure full compliance with the applicable provisions. The Users must also ensure that the electronic or physical copy of the prescription sent by the User to Seller/Service Provider though DrPrax for processing the order for prescription drugs is a valid prescription duly obtained from a registered medical HCP. The Users acknowledge and accept that they shall bear all costs/ liability/ damages, caused to the Service Providers or to DrPrax, as a result of any dispensation of prescription drugs by the Service Provider owing to the non-compliance by the User in this regard.
- Any purchase of the merchandise or Services from the Website will be strictly for personal use of the User. The User hereby expressly agrees that any merchandize or Services purchased by the User will not be sold, resold, bartered or in any way used for any commercial purposes or for profit. The User hereby acknowledges that the Services or merchandize purchased is not transferrable to any third party for profit.
- DrPrax is not responsible for any unsatisfactory, delayed, non-performance or breach of the contract entered into between the User and the Service Provider for purchase and sale of goods or services offered by such Service Providers on the Website.
- Service Provider is solely responsible for ensuring that the goods or services offered for sale on the Website are kept in stock for successful fulfillment of orders received. Consequently, DrPrax is not responsible if the Service Provider does not satisfy the contract for sale of goods or services which are out of stock, back ordered or otherwise unavailable, but were shown as available on the Website at the time of placement of order by the User.
- DrPrax shall not and is not required to mediate or resolve any dispute or disagreement between Users and Service Providers. In particular, DrPrax does not implicitly or explicitly support or endorse the sale or purchase of any items or services on the Website.
Exhibition of drugs/services and publication of Information on the Website
- The Users agree and acknowledge that the respective Service Providers are exhibiting their catalogue of pharmaceutical products or other services, and information in relation to such pharmaceutical products or other services on the Website.
- The Users acknowledge and agree that such Manufacturers / Wholesalers/ Retailers/Service Providers shall be solely responsible for ensuring that such third party generated information made available regarding the goods offered for sale on the Website, are not misleading and describe the actual condition of the product. In this connection, it is solely the responsibility of the concerned Manufacturers/ Retailers/Service Provider to ensure that all such information is accurate in all respects and there is no exaggeration or over emphasis on the specifics of such goods or services so as to mislead the Users in any manner. The Users acknowledge and understand that DrPrax provides no warranty or representation with respect to the authenticity/ veracity of the information provided in the Website and the Users must run their own independent check. The Users agree and acknowledge that DrPrax has not played any role in the ascertainment of the actual impact/ effect of any drug being offered for sale by the Service Providers on the Website. The Users agree and acknowledge that it shall not hold DrPrax responsible or liable for any damages arising out of such reliance on third party user generated content by the User.
Invitation to offer for sale
Notwithstanding anything else contained in any other part of Terms, the listing of drugs and other pharmaceutical products on the Website is merely an ‘invitation to an offer for sale’ and not an ‘offer for sale’. The placement of an order by User shall constitute an offer by such User to enter into an agreement with the Service Provider (“Offer”).
Payments, Cancellation and Refund Policy
- DrPrax is an intermediary connecting the User with the HCPs. Once a service has been booked and confirmation has been given to the User, no cancellations can be done by the User, except clinic appointments as mentioned in a separate clause below, and no refunds will be made, except:
- when the HCP requests DrPrax to cancel the order or make a partial or total refund, or
- the doctor has not initiated an online consultation session within 24 hours of the booking (holidays and non-working hours of 7 PM to 9 AM excluded). After starting a session, You cannot terminate or cancel the session in between and seek a refund.
- the doctor is not available for a phone consultation per the time/day booked and the User has not consulted the doctor subsequently before claiming a refund.
- the Company at its sole discretion permits a refund of the full or partial amount. A User may submit a claim for a refund by emailing Us at [email protected] , providing a clear and specific reason for the refund request and exact terms that have been violated. All refund requests must be received within 7 days of the purchase. Whether a refund will be provided will be determined by the Company at its sole discretion. You understand that DrPrax is not required to mediate or resolve any dispute resolution between a User and the HCP.
- Payments for clinic appointments can be done via. the payment gateway on the Website. Clinic appointments booked through the Website can be cancelled at any time, though we discourage Users to cancel an appointment within 24 hours of the time of the appointment. In case of cancellations, a minimum of 50% of the fees paid will be deducted if the cancellation is made prior to 24 hours. If the cancellation is made within 24 hours or after the time of the appointment, no refunds will be allowed.
- While availing any of the payment method/s available on the App, We will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to: i. Lack of authorization for any transaction(s), or i. Exceeding the pre-set limit mutually agreed by You and between 'Bank(s)', or ii. Any payment issues arising out of the transaction, or v Decline of transaction for any other reason(s)
- Payment Facility for Buyers: You, as a Buyer, understand that upon initiating a Transaction You are entering into a legally binding and enforceable contract with Us to purchase the services from Us using the Payment Facility, and You shall pay the Transaction Price through Your Issuing Bank to Us using Payment Facility. ii. You, as a Buyer, may agree with Us through electronic communication and electronic records and using the automated features as may be provided by Payment Facility.
- We reserve the right to impose limits on the number of Transactions or Transaction Price which We may receive from on an individual, Valid Credit/Debit/ Cash Card / Valid Bank Account/ and such other infrastructure or any other financial instrument directly or indirectly through payment aggregator or through any such facility authorized by Reserve Bank of India to provide enabling support facility for collection and remittance of payment or by an individual Buyer during any time period, and reserves the right to refuse to process Transactions exceeding such limit.
- We reserve the right to refuse to process Transactions by Buyers with a prior history of questionable charges including without limitation breach of any agreements by Buyer with Us or breach/violation of any law or any charges imposed by Issuing Bank or breach of any policy. We may do such checks as it deems fit before approving the receipt of Transaction Price from the Buyer for security or other reasons at Our discretion. As a result of such check if We are not satisfied with the creditability of the Buyer or genuineness of the Transaction / Transaction Price, it will have the right to reject the receipt of Transaction Price. We may delay notifying the payment confirmation, if we deem it suspicious or for Buyers conducting high transaction volumes to ensure safety of the Transaction and Transaction Price. In addition, We may hold Transaction Price or remit Transaction Price to law enforcement officials (instead of refunding the same to Buyer) at the request of law enforcement officials or in the event the Buyer is engaged in any form of illegal activity.
- The Buyer acknowledges that We will not be liable for any damages, interests or claims etc. resulting from not processing a Transaction/Transaction Price or any delay in processing a Transaction/Transaction Price which is beyond Our control.
- We use Razorpay for processing payments. We/Razorpay do not store your card data on their servers. The data is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS) when processing payment. Your purchase transaction data is only used as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is not saved.
- Our payment gateway adheres to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover.
- PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.
- For more insight, you may also want to read terms and conditions of Razorpay on https://razorpay.com
Terms for Doctors and other HCPs, including doctors:
- Any information that You provide DrPrax for the purpose of registration or to display to patients should be correct and up to date, and cannot contain any typographical errors. If You misrepresent or provide wrong or incomplete information about yourself (such as name, gender, years of experience, registration number, bank details, medical degree, clinic address, or any other information.), DrPrax reserves the right to terminate access and prosecute You under applicable laws.
- The HCP shall reply to the patient after receiving patient’s communication. In case of non-compliance with regard to reverting/ adhering to the applicable laws/rules/regulations/guidelines by the HCP, DrPrax has the right to remove HCPs from the Website.
- The HCP further understands that, there is a responsibility on the HCP to treat the patients as the HCP would have otherwise treated the patient on a physical one-on-one consultation model.
- The HCP has the discretion to cancel any consultation at any point in time in cases where the HCP feels, it is beyond his/her expertise or his/her capacity to treat the patient.
- The HCP shall at all times ensure that all the applicable laws that govern the HCP shall be followed and utmost care shall be taken in terms of the consultation being rendered.
- Referring a patient to a doctor (done either by a patient or a doctor) does not imply any paid up commission or fee whatsoever. It is treated as pure word of mouth. Neither the platform nor the referee has any monetary incentive accruing from it.
- If You are a doctor using DrPrax represents that You shall not use DrPrax in violation of any applicable laws including Medical Council of India’s Code of Medical Ethics Regulations or any other code of conduct governed by our council. You acknowledge that should DrPrax find You to be in violation of any of the applicable laws/rules/ regulations/guidelines set out by the authorities then DrPrax shall be entitled to cancel the consultation with such patient or take such other legal action as may be required.
- If You refer a patient to a doctor/HCP, You should have taken the patient’s consent to share the patient’s ailment/case history/medical records. Also you can only refer patients through DrPrax to doctors/HCPs with valid medical registration.
- It is further understood by the HCP that the information that is disclosed by the patient at the time of consultation, shall be confidential in nature and subject to patient and HCP privilege.
Reviews and Feeback
- You are solely responsible for the content that You choose to submit for publication on the Website, including any feedback, ratings, or reviews (“Critical Content”) relating to HCPs or other healthcare professionals. The role of DrPrax in publishing Critical Content is restricted to that of an ‘intermediary’ under the Information Technology Act, 2000. DrPrax disclaims all responsibility with respect to the content of Critical Content, and its role with respect to such content is restricted to its obligations as an ‘intermediary’ under the said Act. DrPrax shall not be liable to pay any consideration to any User for re-publishing any content across any of its platforms.
- Your publication of reviews and feedback on the Website is governed by our Terms. Notwithstanding other clauses of the Terms, You hereby agree not to post or publish any content on the Website that (a) infringes any third-party intellectual property or publicity or privacy rights, or (b) violates any applicable law or regulation, including but not limited to the IG Rules and SPI Rules.
TERMS RELATED TO ALL USERS
Indemnification and Limitation of Liability:
- In no event, including but not limited to negligence, shall DrPrax, or any of its directors, officers, employees, shareholders, agents or content providers (“Indemnified Entities”) be liable for any direct or indirect, exemplary or punitive damages arising from or related to, the use of, or the inability to use, the Website or the content, materials and functions related thereto, the Services, User’s provision of information via the Website, lost business or lost End-Users. In no event shall the Indemnified Entities be liable for:
- Provision of or failure to provide all or any service by HCPs to End- Users contacted or managed through the Website;
- any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Website;
- any unauthorized access to or alteration of your transmissions or data; or
- any other matter relating to the Website or the Service.
Further, You agree to hold us harmless against any claims made by any third party due to, or arising out of, or in connection with, your use of the website, any claim that your material caused damage to a third party, your violation of the terms of service, or your violation of any rights of another, including any intellectual property rights. in no event shall we, or our officers, directors, employees, partners or suppliers be liable to You or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not we have been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with your use of or access to the website, services or materials. the limitations and exclusions in this section apply to the maximum extent permitted by applicable law.
In no event shall the total aggregate liability of the Protected Entities to a User for all damages, losses, and causes of action (whether in contract or not, including, but not limited to, negligence or otherwise) arising from Terms or a User’s use of the Website or the Services exceed, in the aggregate INR. 1000/- (Rupees One Thousand Only).
- When You register with DrPrax, We collect the following types of information about You: personal information, demographic information, indirect information and information about your behaviour and actions on the Website. Personal Information includes information used to identify an individual. This includes but not is limited Name, Gender, Age, Address, Photo, Phone Number, Email ID, etc. . We may also collect body vitals such as height, weight, food habits, BMI index, allergies, symptoms, physical and mental or other health conditions, current or past medication that You have been on or medical records, history and other relevant health traits. We may also ask You to complete optional online surveys containing demographic information, contact information and income level. ehavioural information is information regarding how You use Our Site. This includes the areas of Our Site that You visit, what actions You perform or do not perform, what services You access, the model number, IMEI number and details about the operating system of the device the Website is using (or has been installed on and information about Your computer hardware and software including, Your IP address, browser and operating system type, domain names, your location through GPS, wi-fi network or other technical means, access times and referring web site addresses. Indirect information may be collected by Us about You from 3rd parties (e.g. advertising partners, publishers and data aggregators) which we use in addition to the information from our cookies (and similar technologies), your profile and use of DrPrax. We may also use analytic to track You in remarketing. I order to personalise Our services to You, we may collect information about You from third party sources that provide it to Us.
To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.
Use of Information
We may use any or all of the information that We gather on the Website for the following purposes:
- To provide Our services relevant to You. This includes providing communications, promotions and information on events which may be of interest to You.
- To respond to any questions You may have and to communicate information to You. These include sending You e-mail or other communications such as through phone, regarding updates at the Website/App to contact You about Your opinion of current products and/or services or potential new products and/or services that may be offered.
- To operate and improve the Website/App in order to provide a good/better experience to You.
- To investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of Our Terms, or as otherwise required by law.
- To comply with the applicable laws.
- Advertising: We plan to target ads and content to Users and visitors using the following:
- Advertising technologies like web beacons, pixels, ad tags, cookies, and mobile identifiers as permitted by mobile platforms.
- If You take social actions on a content (such as like or rating), your action may be seen by others.
- We may share Your information with our partners or affiliates or third parties who help Us in the delivery of our own services to you. Information is disclosed to companies and individuals who are authorised by Us perform functions on Our behalf. Otherwise, We do not share your personal information with any third-party advertisers or ad networks for advertising without your separate permission, though we may share information with our partners, affiliates and third parties by aggregating the information - such as what areas users visit most frequently and what services users access the most or demographics of users, ailments of users - but without revealing the information of your or any particular user. Again, for avoidance of doubt, such data is used anonymously and in the aggregate.
- We may disclose such information to third parties if You consent to such disclosure. If You indicate that You would like to receive information about the opportunities, products or services of third parties, We supply Your contact information to select third parties such organisers of or any entity associated with the events, or others for the purpose of sending You e-mail or otherwise communicating with You.
- We may share Your personal information with our affiliates (meaning entities controlled by, controlling or under common control with Proost Solutions) as reasonably necessary to provide the Services offered by the Company. You are consenting to this sharing.
- In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.
- However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.
- For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.
- In particular, remember that certain providers may be located in or have facilities that are located a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.
- We allow our partners, affiliates and third parties to display advertisements, hyper link, and content when you use the Website. You acknowledge and agree that We are not responsible for any collection or disclosure of Your Personal Information by any external sites, applications, companies or persons, nor are do We endorse any advertising, products or other material on or available from such external application, websites or resources. You further acknowledge and agree that We are not liable for any loss or damage which may be incurred by You as a result of the collection and/or disclosure of Your personal information by external applications, sites or resources, these external applications, websites and resource providers may have their own privacy policies governing the collection, storage, retention and disclosure of Your Personal Information that You may be subject to.
External Links on the Website/App
Choice to OPT-OUT
- We provide all Users with the opportunity to opt-out of receiving non-essential (promotional, marketing-related) communications from us.
- We do not collect sensitive personal data or information of Users like password of Your email account, password of Your account on the App, biometric information such as finger prints, voice & facial patterns and DNA any other sensitive information which is confidential or sensitive by its nature, without your explicit consent or unless necessary by law. Financial information such as Bank Account details from HCPs such as doctors are used to aid us in the verification of the HCP and to enable us to transfer payments to them collected from their patients via DrPrax.
Update and Removal of Your information on DrPrax
- If a patient shares personal profile or medical history/records or any other information with a doctor or other HCPs via the platform, and then chooses to delete the information, the doctor/HCP may still choose to store the information for their records. Similarly, if a doctor/HCP chooses to remove any prescription, reports or any other information, shared with the patient via DrPrax, the patient may choose to store the information. Under no circumstances can DrPrax be held liable for any one party’s right or preference to store the other party’s information once any information or medical record is exchanged between the two parties.
- We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service
- In case of medical emergency, if any person intends to threaten to commit suicide or is in a state of medical emergency, the company holds the right to disclose the identity of the patient to the relevant sources.
- If our store is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.
Cookies and other tracking technologies
CONSENT TO USE THE INFORMATION
You are a restricted user of this Website/App. 7.1. You are bound not to cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or software obtained from the Website/App. With Our prior permission limited use may be allowed. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website/App is not permitted. You shall not, nor allow third parties on Your behalf to (i) make and distribute copies of the Website/App (ii) attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the Website/App; or (iii) create derivative works of the Website/App of any kind whatsoever. 7.2. You agree not to access (or attempt to access) the App and/or the materials or Services by any means other than through the interface that is provided by the Website/App. The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the App or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website/App, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website/App. You acknowledge and agree that by accessing or using the Website/App or Services, You may be exposed to content from other users that You may consider offensive, indecent or otherwise objectionable. We disclaim all liabilities arising in relation to such offensive content on the Website/App. Further, You may report such offensive content by sending us an e-mail to Our official e-mail address. .3. This Website/App by nature allows you to upload information; You undertake to ensure that such material is in accordance with applicable laws. Further, You undertake not to: a Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others; )Engage in any activity that interferes with or disrupts access to the Website/App or the Services (or the servers and networks which are connected to the Website/App); c mpersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity; )Pblish, post, disseminate, any information which 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 whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986; e ot any file that infringes the copyright, patent or trademark of other legal entities. )Ulad or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website/App or another's computer; g onoad any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner; )Poe scan or test the vulnerability of the Website/App or any network connected to the Website/App, nor breach the security or authentication measures on the Website/App or any network connected to the Website/App. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website/App, or any other customer of the Website/App, including any account not owned by You, to its source, or exploit the Website/App or Service or information made available or offered by or through the Website/App, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website/App; i irp or interfere with the security of, or otherwise cause harm to, the Website/App, systems resources, accounts, passwords, servers or networks connected to or accessible through the Website/App or any affiliated or linked sites; )Cletor store data about other users in connection with the prohibited conduct and activities set forth in this Section. k s h ebsite/App or any material or Content for any purpose that is unlawful or prohibited by these Terms of Service, or to solicit the performance of any illegal activity or other activity which infringes the rights of this Website/App or other third parties; )Voaeay code of conduct or other guidelines, which may be applicable for or to any particular Service; m ilt n applicable laws or regulations for the time being in force within or outside India; )VoaeteTerms of Service including but not limited to any applicable Additional Terms of the Website/App contained herein or elsewhere; o ilt n ode of conduct or other guidelines, which may be applicable for or to any particular Service; p) Threaten the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation. )Pbih ot disseminate information that is false, inaccurate or misleading; violate any applicable laws or regulations for the time being in force in or outside India; r ietyo nirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force. )Cet iblt for Us or cause Us to lose (in whole or in part) the services of Our internet service provider ("ISPs") or other suppliers; WieW hl o e held liable or answerable to Users for any such acts on Your part, violation of this clause would lead to potential criminal legal action against You, either by other Users of the Website or by Us. ecn(n o eey expressly authorize Us to) disclose any information about You to law enforcement or other government officials, as We, in Our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury. You understand that We have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website/App) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. W aen biain to monitor the material posted on the Website/App. We shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Service. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE WEBSITE/APP. In no event shall We assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the App. You hereby represent and warrant that You have all necessary rights in and to all Content which You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortuous, or otherwise unlawful information.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
The provisions of Terms shall continue to apply until terminated by either You or DrPrax as set for below:
- If You want to terminate Terms with DrPrax, You may do so by:
- not accessing the Website; or
- closing Your accounts for all of the Services that You use.
DrPrax reserves the right to, at any time, and with or without notice, terminate Terms with You if:
- You breach any of the Terms or applicable law or policies that may be applicable to You from time to time (or have acted in a manner that clearly shows that You do not intend to, or are unable to, comply with the same); or
- DrPrax is unable to verify or authenticate any information provided to DrPrax by You; or
- DrPrax believes, in its sole discretion, that Your actions may cause legal liability for DrPrax (or any of its affiliates, independent contractors, service providers, consultants, licensors, agents, and representatives) or are contrary to the interests of the Website; or
- DrPrax is required to do so by law; or
- if You fail to provide (or after providing such consent, later revoke) the consents necessary or desirable for DrPrax to provide the Services to You; or
- The provision of the Services to you, or to the general public, is in DrPrax’s opinion, no longer commercially viable; or
- DrPrax has elected to discontinue, with or without reason, access to the Website or the Services (or any part thereof).
DrPrax may also terminate or suspend (temporarily or permanently) all or a portion of Your account or access to the Services, with or without reason. Except as may be set forth in any of the terms applicable to a particular Service, termination of Your account may include: (i) removal of access to all offerings within the Website or with respect to the Services; and (ii) barring You from further use or access of the Website or of any of the Services.
Once terminated or suspended (temporarily or permanently), You may not continue to use the Website under the same account, a different account or re-register under a new account. Upon termination of Terms, DrPrax shall have no obligation to maintain or provide any of Your data and may thereafter, unless legally prohibited, delete all Your data in its systems or otherwise in its possession or under its control, including but not limited to Your personal information, log-in ID and password, order details (including any prescriptions uploaded) and all related information, files and materials associated with or inside Your account (or any part thereof).
On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages, files and other material kept on the Website by such User. The User shall ensure that he/she/it has continuous backup of any medical services the User has rendered in order to comply with the User’s record keeping process and practices
If any provision of Terms is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from Terms and the remainder of Terms shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event, Terms shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.
APPLICABLE LAW AND DISPUTE SETTLEMENT
- You agree that Terms and any contractual obligation between DrPrax and User will be governed by the laws of India.
- Any dispute, claim or controversy arising out of or relating to Terms, including the determination of the scope or applicability of Terms to arbitrate, or your use of the Website or the Services or information to which it gives access, shall be determined by arbitration in India, before a sole arbitrator appointed by DrPrax. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be Mumbai. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the parties to the dispute.
- Subject to the above clause, the courts in Mumbai shall have exclusive jurisdiction over any disputes arising out of or in relation to Terms, your use of the Website or the Services or the information to which it gives access.
DISCLAIMER OF WARRANTIES AND LIABILITIES
You expressly understand and agree that, to the maximum extent permitted by applicable law: the website, services and other materials are provided by this website is on an "as is" basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, we and the treating providers make no warranty that: (i) your requirements will be met or that services provided will be uninterrupted, timely, secure or error-free; ii) materials, information obtained and results will be effective, accurate or reliable; (ii) any errors or defects in the website, services or other materials will be corrected. othe maximum extent permitted by applicable law, we will have no liability related to user content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. We also disclaim all liability with respect to the misuse, loss, modification or unavailability of any user content. teuser understands and agrees that any material or data downloaded or otherwise obtained through the website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material or data. We and the treating providers are not responsible for any typographical error leading to an invalid response. We accept no liability for any errors or omissions, with respect to any information provided to You whether on behalf of itself or third parties. esall not be liable for any third party product or services. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Proost, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Even after termination, certain obligations mentioned under Indemnification and Limitation of Liability, Applicable Lay and Dispute Settlement, Severability will continue and survive termination.
No provision of Terms shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by DrPrax. Any consent by DrPrax to, or a waiver by DrPrax of any breach by You, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
GRIEVANCE AND CONTACT INFORMATION
- If a User has any questions regarding DrPrax, the Website, Terms, the Services, or anything related to any of the foregoing, DrPrax customer support can be reached at the following email address: [email protected] .
- In accordance with the Information Technology Act, 2000, and the rules made there under, if You have any grievance with respect to the Website or the service, including any discrepancies and grievances with respect to processing of information, You can contact Head, Customer Experience. Address: 2 Ramkunj Apts, ICS Colony, Ganeshkhind Road, Pune - 411007. Email: [email protected] Telephone: +91 99224 04418