Effective date: 15 Feb 2022
Welcome to the portal www.DrPashu.com, (the “Website”). The Website is operated by DrPashu AI Technologies Private Limited, India, having its registered office at Block No E502, Sy No 60/1, 60/3, 60/4, 60/8, 60/9, Royal Legend Apartment B, Bengaluru – 560068, Karnataka (India) to regularly update the website.
The terms ‘You’ or ‘Your’ refer to You as the user (irrespective of whether You are a Registered User or a Non-Registered User or an Healthcare Practitioner (HCP)) and the terms ‘DrPashu’ ,’We’, ‘Us’, ‘Company’, and ‘Our’ refer to DrPashu Inc, USA.
PLEASE CAREFULLY READ THE FOLLOWING TERMS OF USE OF THE WEBSITE. THESE TERMS OF USE, TOGETHER WITH THE PRIVACY POLICY AVAILABLE AT www.DrPashu.com/privacy-policy, ADDITIONAL TERMS OF USE FOR HCPS www.DrPashu.com/terms AND OTHER POLICIES WHICH MAY BE APPLICABLE TO SPECIFIC PORTIONS OF THIS WEBSITE CONSTITUTE THE TERMS OF YOUR ACCESS TO AND USAGE OF THE WEBSITE. BY CLICKING ON THE ‘I ACCEPT’ BUTTON AT THE END OF THIS PAGE OR ACCESSING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE, THE PRIVACY POLICY, THE ADDITIONAL TERMS OF USE FOR HCPS AND OTHER POLICIES WHICH MAY BE APPLICABLE TO THIS WEBSITE. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, THE PRIVACY POLICY, THE ADDITIONAL TERMS OF USE FOR HCPS AND OTHER POLICIES WHICH MAY BE APPLICABLE TO SPECIFIC PORTIONS OF THIS WEBSITE PLEASE DO NOT ACCESS OR USE THE WEBSITE.
These Terms of Use, the Privacy Policy, the Additional Terms of Use for HCPs, together with any other policies which may be applicable to specific portions of Website and any disclaimers which may be present on the Website are referred to as “Agreement”. If You are accessing the DrPashu mobile application, then this Agreement will continue to apply to such use. In addition, there may be additional terms (such as the terms imposed by mobile application stores) which will govern the use of the mobile application. In such case, the term ‘Website’ will be deemed to refer to the DrPashu mobile application. The features / services of this Website are available only in India. However Non-Registered Users outside India may browse through the information provided in the Website The Agreement supersedes all previous oral and written terms and conditions (if any) communicated to You.
1. THE WEBSITE
1.1. Users: The Website is accessible to visitors / non-registered users, registered users and healthcare practitioners. “Registered Users” are users who have registered themselves an account on the Website by providing DrPashu with certain information and who can log on to the Website by providing their username and password. “Non-Registered Users” are users who are not registered with the Website but may access information on the Website. Certain features of the Website are available to Registered Users only. “Health Care Practitioners” or “HCPs” are duly qualified members of medical or dental profession and (a) with whom Registered Users can book appointment using the Website or (b) who can provide information to questions raised by Registered Users or (c) with whom Registered Users can consult privately with respect to their queries or d) who can generate and provide health related information and education material for general use of Registered Users.”Labs” are registered laboratories that collect patient samples from Registered Users for the purpose of conducting pathological tests and varied diagnostic services referred to as “Lab Tests”. Registered Users, Non-Registered Users and HCPs shall collectively be referred to as “Users”.
1.2. Features of the Website: The Website offers the following features: a) For Registered Users: i. Platform for obtaining generic and preliminary information from HCP to a health related question: You may ask any health related question on the Website and obtain preliminary and generic information to such question from a HCP. Your identity is not disclosed to the HCPs or other Registered Users at this stage. ii. Platform for viewing generic and preliminary information of HCP on questions submitted by other Registered Users: You may access the information provided by an HCP to questions submitted by other Registered Users on the Website. iii. Platform to schedule in-person appointment with HCP: You may use Website to schedule an in-person appointment with HCP at the HCP’s premises. iv. Platform to interact with HCP privately: You may interact with an HCP privately on the chat feature available on the Website or via other communication feature which the Website may provide after paying consultation fee to the HCP and an internet handling fee to DrPashu as applicable from time to time but not exceeding 50% of HCP consultation fees. v. Platform to pay HCP for non-Website interaction: You may make use of the Website solely for the purpose of paying an HCP for a non-Website/offline interaction with such HCP after paying DrPashu’s internet handling fee. vi. Platform to order Lab Tests from Labs: You may use the Website to order Lab Tests from Labs. The Website allows you to schedule a sample pick-up at Your home, which will be used by a Lab to conduct a Lab Test and share the results of such Lab Test with You through the Website. Visit www.DrPashu.com/lab-tests to learn more about the Lab Tests that are offered on the Website.
b) For Non-Registered Users: i. Access to HCP Profiles: Depending on the extent of information shared by HCPs at the time of registering with the Website, the HCPs’ profile containing their name, qualification, experience, specialization, consultant fees, personal statement, education, professional memberships etc. can be accessed by You. The Website offers various search features to aid You in accessing HCP profiles. ii. Access to HCP Availability for in-person appointment: Based on information communicated by HCP, the Website shows indicative appointment slots available for in-person consultation at HCP’s premises.
c) For HCPs: i. Platform to publish profile: You may upload Your profile containing Your name, qualification, experience, specialization, consultation fees, personal statement, education, professional memberships etc. on Website. Your profile is accessible to all Registered as well as Non-Registered Users. ii. Platform for private interaction: You may use Website for private interaction with Registered Users. In course of the private interaction, You can exchange texts, images, videos over the chat feature of the platform and communicate through other means provided by the DrPashu such as calls. iii. Platform to receive consultation fees for non-Website interaction: You may use the Website to receive fees for Your interactions with Registered User outside the Website / offline. iv. Platform to provide information to questions to health related questions submitted by Registered Users: You may provide Your preliminary and generic information to health related questions submitted by Registered Users. v. Platform to publish HCP-contributed health related information and education material: You may contribute health related information and education material which DrPashu may, with or without modification, in its sole discretion, publish on the Website.
1.3. Types of content on the Website: The various types of content available on the Website may be categorised as follows: 1.3.1. Content provided by Registered Users including questions provided by Registered Users and interactions in the course of private interactions with HCPs (“User Content”) 1.3.2. Content provided by HCP including health related information and educational material; and information provided by way of responses to questions raised by Registered Users or in course of private interactions with Registered Users (“HCP Content”); 1.3.3 Content provided by Labs including instructions, results, reports and any other information relating to Lab Tests (“Lab Content”). 1.3.4. Content which DrPashu (through itself or its contractors) has generated or procured for the Website (“DrPashu Content”);
2. USE OF THE SITE
2.1. Use by all Users (Registered, Non-Registered User and HCP) 2.1.1. You will use the Website and the features provided by the Website only in relation to and in compliance with all applicable Indian laws. You will not use this Website or any feature provided by the Website for any purposes not intended under this Agreement. 2.1.2. You will not deliberately use the Website in any way that is unlawful or harms DrPashu, its directors, employees, affiliates, distributors, partners, service providers and/or any User and/or data or content on the Website. 2.1.3. You understand that as part of Your registration process as well as in course of Your use of the Website, You may receive SMS messages from DrPashu on Your registered mobile number. These messages will relate to Your registration, transactions that You carry out through the Website and any such information found suitable of Your attention by DrPashu. Please note that DrPashu will send these SMS messages only to the mobile number that You provide on the Website. It is Your responsibility to ensure that You provide the correct number for the transaction You wish to enter into. Further, DrPashu may also send notifications and reminders to You with respect to appointments scheduled by You for the features that You may be using on the Website. You hereby consent to receive such messages from DrPashu. 2.1.4. By using the website and/or registering yourself at DrPashu you authorize us to contact you via email or phone call or sms and offer you services for the product you have opted for, imparting product knowledge, offer promotional offers running on website, for which reasons, personally identifiable information may be collected as detailed below. And Irrespective of the fact if also you have registered yourself under DND or DNC or NCPR service, you still authorize us to give you a call from the DrPashu & associate partners for the above mentioned purposes till 45 days of your engagement with us.
2.2. Use by Registered User 2.2.1. You acknowledge that this Website is an informative platform only. DrPashu and this Website are not in the business of providing healthcare service or hospital services. 2.2.2. We encourage You to independently verify any information You see on the Website including information provided by a HCP. You will use the Website and the features provided by the Website only in relation to and in compliance with all applicable Indian laws. You will not use this Website or any feature provided by the Website for any purposes not intended under this Agreement. 2.2.3. The Website allows You to select and schedule appointments with HCPS. In doing so, DrPashu can help providing You with lists and/or profile previews of HCPs who may be suitable to deliver the health care that You are seeking based on information that You provide to DrPashu (such as area of specialty and geographical location). 2.2.4. Please note that DrPashu (i) does not recommend or endorse any HCPs mentioned on the Website; and (ii) does not make any representations or warranties with respect to HCPs or the quality of the healthcare services they may provide, and (iii) does not grade physicians. 2.2.5. You will obtain all relevant consents and approvals prior to posting or providing any User Content. 2.2.6. You may schedule an appointment on the Website for Your family members and friends. However please note that such You will be solely responsible for any activity that is undertaken through his/her account on behalf of his/her family members and friends. 2.2.7. You have the option of uploading Your identifiable health information including physical, physiological and mental health condition, and medical records and history on the Website which may be accessed by the HCP at the time of private interactions using the Website. 2.2.8. DrPashu will levy an advance internet handling fee for each private interaction that You have with an HCP through the Website. DrPashu will also collect the consultation fee payable to the HCP in advance on behalf of HCP and pay to HCP without retaining any share from fees. 2.2.9. You may use the Website to order Lab Tests from Labs. The Website allows You to schedule a time for a home sample collection and pay the corresponding Lab Test fee. If you cancel a Lab Test order prior to the sample collection, you will receive a full refund of the Lab Test fee. If you cancel a Lab Test after the sample collection, you will receive a refund for the Lab Test fee, less the applicable collection service charge.
2.3. Use by Non-Registered User 2.3.1. DrPashu will provide You with lists and/or profile previews of HCPs based on information that You provide to the Website’s search features (such as area of specialty and geographical location). Please note that DrPashu (i) does not recommend or endorse any HCPs mentioned on the Website; and (ii) does not make any representations or warranties with respect to these HCPs or the quality of the healthcare services they may provide
2.4. Refund Policy for Paid Consults 2.4.1. In case a Healthcare Practitioner (HCP) is not available to respond to a paid consult, You can report the issue to DrPashu and request for cancellation, post which DrPashu will process the refund amount equalling to the total actual amount paid by You, including any internet handling fees. However, the refund will not include the discount value provided by DrPashu. 2.4.2. In the event it is proved that a HCP has acted in a manner that is against any applicable laws, DrPashu shall provide complete refund to You, subject to investigation undertaken by DrPashu. 2.4.3. In the event it is proved that You have demonstrated abusive nature during the consult, You shall not be eligible for any refund and DrPashu/HCP shall be entitled to take any legal action as applicable. 2.4.4. You are allowed a period of seven (7) days to report any consult as incomplete or unsatisfactory, and request for a refund. No refund requests shall be entertained thereafter. 2.4.5. You can request a refund from Your consult chat screen or by sending us an email at hello@DrPashu.com. 2.4.6. In the event DrPashu establishes that Your refund claim meets the above conditions, DrPashu shall process the refund accordingly and the money will be refunded to You in three (3) working days from the day refund has been approved from DrPashu.
2.5. Refund Policy for Lab Tests 2.5.1. If you cancel a Lab Test after the sample collection, refund will not be applicable. (currently clause says partial refund will be provided) 2.5.2. Refund due to any issues with processing of sample will be provided as per Lab’s policy. DrPashu is not liable for any refund. 2.5.3. Refund due to any issues with reporting will be provided as per Lab’s policy. DrPashu is not liable.
2.6. DrPashu Points (also known as DrPashuCash) 2.6.1. DrPashu may in its discretion award DrPashu Points from time to time without any prior notice. 2.6.2. DrPashu Points can not be redeemed as cash. DrPashu points cannot be transferred to a wallet or to a bank account or to another DrPashu account. 2.6.3. DrPashu Points can be applied on selected services or products available to DrPashu customers during checkout for personal consumption only. 2.6.4. DrPashu may in its discretion change the list of services on which DrPashu Points can be applied from time to time without any prior notice. 2.6.5. DrPashu Points can not be transferred from one account to another. 2.6.6. Upon cancellation of services or purchase only the amount paid by user (after adjusting DrPashu points) will be refunded. DrPashu Points will not be refunded once they have been applied on a transaction. 2.6.7. DrPashu may in its discretion add or remove the number of points associated with your account from time to time without any prior notice. 2.6.8. DrPashu may in its discretion modify applicability of points from time to time without any prior notice. 2.6.9. DrPashu Points may be clubbed with extra discount for selected services or products. 2.6.10. DrPashu may in its discretion modify list of services for which DrPashu Points can be clubbed with discounts from time to time without any prior notice. 2.6.11. The amount of discount associated with application of DrPashu Points could vary from service to service. 2.6.12. DrPashu may in its discretion modify the amount of discount associated with application of DrPashu Points for various services from time to time without any prior notice. 2.6.13 DrPashu Points awarded to a particular user can be utilized for specific period of time, appearing at user’s profile. Any unutilized DrPashu Points will automatically exhaust on expiry of period. 2.6.14 DrPashu may in its discretion modify expiry period of DrPashu Points from time to time without any prior notice.
3. ROLE OF DRPASHU
3.1. DrPashu’s role is limited to a) providing a platform for hosting and publishing User Content, Lab Content and HCP Content b) providing a platform for Registered Users to raise health related questions and HCP’s to provide preliminary and generic information to the questions c) providing a platform for private interaction between Registered User and HCP d) providing a platform to find HCPs based on Registered User’s inputs and HCP profiles created by HCPs themselves and e) providing a platform for Registered Users to order Lab Tests f) facilitating collection and disbursal of consultationand service fees for HCPs and Labs.
3.2. DrPashu’s role is that of an ‘intermediary’ as defined under the Information Technology Act, 2000 and the rules thereunder. Being an intermediary, DrPashu has no responsibility and / or liability in respect of the content and transactions on the Website including any User Content, Lab Content or HCP Content , information provided by HCPs or Labs, interactions between HCPs and Labs on the one hand and Users on the other hand.
3.3. DrPashu does not have the obligation to pre-screen or monitor User Content, Lab Content or HCP Content at any time. However DrPashu may elect to monitor any User Content or HCP Content and remove any User Content and HCP Content from the Website if DrPashu determines in its sole discretion that such User Content and/or HCP Content is in violation of this Agreement or any applicable law and best practices. Where DrPashu removes any User Content or HCP Content from the Website, DrPashu will make reasonable efforts to inform the User or HCP who had posted such User Content or HCP Content respectively. Such actions do not in manner negate or dilute DrPashu’s position as an intermediary or impose any liability on DrPashu with respect to User Content and/or HCP Content.
3.4. If DrPashu suspects any illegal, wrongful or fraudulent activity on the Website by any Registered User, Lab or HCP, notwithstanding any other rights DrPashu may have, DrPashu reserves the right to inform the relevant government or law enforcement authorities. DrPashu will cooperate in all investigative procedures or requests for access / information initiated by any such government or law enforcement authorities.
3.5. DrPashu does not endorse or influence control over any particular branch of medicine, theory, opinion, viewpoint or position on any topic.
4. LINKS TO THIRD PARTY WEBSITES
4.1. You may be provided with links on the Website that direct You to third party websites / applications / content or service providers, including advertisers and e-commerce websites (collectively “Third Party Websites”).
4.2. DrPashu does not endorse any Third Party Websites that You may be directed to from the Website.
4.3. Links to such Third Party Websites are provided for Your convenience only. Please exercise Your independent judgment and prudence when visiting / using any Third Party Websites via a link available on the Website. Should You decide to click on the links to visit such Third Party Website, You do so of Your own volition. Your usage of such Third Party Websites and all content available on such Third Party Websites is subject to the terms of use of the respective Third Party Website and DrPashu is not responsible for Your use of any Third Party Websites.
5. PROPRIETARY RIGHTS
5.1. DrPashu respects the intellectual property rights of others, and We expect the same from You. The Website, User Content, HCP Content, Lab Content and the DrPashu Content are protected by applicable intellectual property laws of United States.
5.2. DrPashu’s Rights to the Website and DrPashu Content 5.2.1. All intellectual property in and to the Website, any software, techniques and processes used in connection with the Website, belongs exclusively to DrPashu or its licensors. Through Your use of the Website, by no means are any rights impliedly or expressly granted by DrPashu to You in respect of such works. 5.2.2. DrPashu and/or its licensors assert all proprietary rights in and to all names and trademarks contained on the Website. Notwithstanding the generality of the foregoing, the name, “DrPashu” is the trademark and copyright (or any other intellectual property right) of DrPashu and/or its licensors. Any use of the DrPashu’s trademarks or copyright, unless otherwise authorized in a written agreement, will constitute an infringement upon the trademark and copyright (or any other such intellectual property right) of DrPashu and may be actionable under the applicable laws. 5.2.3. Except as stated otherwise in this Agreement all DrPashu Content (including all intellectual property rights to such content) is owned exclusively by DrPashu and/or its licensors. 5.2.4. When You use the Website in accordance with this Agreement, a limited royalty-free right is granted to You by DrPashu to use DrPashu Content for personal and non-commercial use in India for the time that You are either a Registered User or an HCP or for the time that You make use of the Website, whichever is less. 5.2.5. Unless explicitly stated herein, nothing in this Agreement shall be construed as conferring on You any license to intellectual property rights, whether by estoppel, implication, or otherwise. 5.2.6. Unless expressly authorized by DrPashu, You agree not to reproduce, modify, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the DrPashu Content, in whole or in part, by any means. You must not remove or modify any copyright or trademark notice, or other notice of ownership.
5.3. Rights in User Content And HCP Content 5.3.1. You agree that You are the owner of all rights (including all intellectual property rights) in the User Content (in case You are a Registered User) or HCP Content (in case You are a HCP) that You post on the Website or provide to DrPashu. 5.3.2. You hereby grant DrPashu a perpetual, non-revocable, worldwide, royalty-free license to make use of such User Content (in case You are a Registered User) or HCP Content (in case You are a HCP) including the right to copy, distribute, display, reproduce, modify, adapt, the User Content or HCP Content, as the case may me, and create derivate works of the User Content or HCP Content, as the case may be.
6. PERSONAL INFORMATION
6.1.1. We may collect various personal information from You when You use the Website and or the features provided by the Website. 6.1.2. Our Privacy Policy available at www.DrPashu.com/privacy sets out Our policy with respect to the collection, storage, use, transfer and protection of any such personal information. 6.1.3. When You click on the ‘I accept’ or ‘I agree’ tab at the time of registering or otherwise provide Your personal information, You specifically consent to Our Privacy Policy. 6.1.4. DrPashu may disclose Your Personal Information in accordance with applicable law.
7. DISCLAIMERS
7.1. Interaction with HCP on the Website: 7.1.1. You understand and agree that any interactions and associated issues with the HCP(s) on the Website, is strictly between You and the HCP(s). You shall not hold DrPashu responsible for any such interactions and associated issues. DrPashu is not involved in the providing any healthcare or medical advice or diagnosis and hence is not responsible for any outcome between You and the HCP You interact with. If You decide to engage with a HCP to provide medical services to You, You do so at Your own risk. 7.1.2. The results of any search You perform on the Website for HCPs, or provision of access to any HCP on the basis of Your specific request, should not be construed as endorsement by this Website of any such particular HCP. We make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, quality of work, expertise of the HCP. The search results are based on an object computer algorithm. 7.1.3. DrPashu shall not be responsible for any breach of service or service deficiency by any HCP. 7.1.4. We can neither assure that all transactions on the Website will be completed nor do We guarantee the ability or intent of HCP to fulfill their obligations in any transaction. We advise You to perform Your own investigation prior to selecting a HCP.
7.2. Interaction with Labs on the Website: 7.2.1. You understand and agree that any interactions and associated issues with the Lab(s) on the Website, is strictly between You and the Lab(s). You shall not hold DrPashu responsible for any such interactions and associated issues. DrPashu is not involved in the providing any healthcare or medical advice or diagnosis and hence is not responsible for any outcome between You and the Lab You interact with. If You decide to engage with a Lab to provide lab or diagnostic services to You, You do so at Your own risk. 7.2.2. We make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, quality of work, or expertise of any Lab. 7.2.3. DrPashu shall not be responsible for any breach of service or service deficiency by any Lab. 7.2.4. We can neither assure that all transactions on the Website will be completed nor do We guarantee the ability or intent of a Lab to fulfill their obligations in any transaction. We advise You to perform Your own investigation prior to ordering a Lab Test.
7.3. Clinical Support Information: We may provide information to assist You in clinical decision-making. This may include information and reminders concerning drug interactions, lab and diagnostic services, allergies, dosages, as well as general health-care related information and resources. The information and materials available through the Website are for informational and educational purposes only and are not intended to constitute professional advice, diagnosis or treatment, or to substitute professional judgment. Information that may be placed on the Website by third parties, including HCP Content, and Lab Content, is beyond Our control. We are not responsible for the accuracy or completeness of information available from or through Our Website. You assume full risk and responsibility for the use of information You obtain from or through this site, and You agree that DrPashu is not responsible or liable for any claim, loss, or liability arising from the use of the information. We do not recommend or endorse any HCP, Lab or diagnostic or health-related products, items or services, and the appearance of materials on the Website relating to any such products, items or services is not an endorsement or recommendation of them. You agree to review the definitions, functionality, and limitations of the information on the Website, and to make an independent determination of their suitability for Your use. We make no guarantees, representations or warranties, whether expressed or implied, with respect to information provided on the website
7.4. Information regarding HCP/Lab and practice information: Information regarding HCP/Lab and practice information found on the Website is intended for general reference purposes only. Such information found on the Website is mainly self-reported by the HCP. Such information often changes frequently and may become out of date or inaccurate. Neither the Website nor DrPashu provides any advice or qualification certification about any particular HCP or Lab. You are encouraged to independently verify any such information You see on the Website with respect to a HCP or Lab that You seek to make an appointment with.
7.5. No Professional Relationship: Please note that some of the content including text, data, graphics, images, information, suggestions, guidance, and other material that may be available on the Website (including information provided in direct response to Your questions or postings) may be provided by HCPs or Labs. The provision of such content to You by DrPashu does not constitute delivery of health care or diagnostic services to You and does not create a professional relationship between DrPashu and You.
7.6. No Medical Advice Provided: The content provided by the Website, either by DrPashu or by HCP, should not be construed under any circumstances to be an opinion, medical advice, or diagnosis or treatment of any particular condition, but is only provided to assist you with locating appropriate medical care from a qualified practitioner. If You rely on any of the Information provided by the Website, You do so solely at Your own risk. The Information that You obtain or receive from DrPashu, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Website is for informational and scheduling purposes only. In no event shall We be liable to You or anyone else for any decision made or action taken by You in reliance on such information.
7.7. Non-substitution of professional medical advice: The Information provided on the Website and in any other communications from or provided through DrPashu 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 professional because of advice that You may have obtained through the Website. Your use of Information provided on the Website is solely at Your own risk. Nothing stated or posted on the Website or available through any Services is intended to be, and must not be taken to be, the practice of medicine or the provision of medical care. You acknowledge and confirm that DrPashu shall not be responsible for Your treatment or be treated as a health care provider on account of collection of the consultation fees for private consultation by HCP or collection of fees for Lab Tests by Labs, for any reason whatsoever.
7.8. DrPashu disclaims any representation and/or warrantyfor the security, reliability, quality, timeliness, and performance of (i) the website and its features; (ii) HCP who responds to question of a registered user or who interacts privately with a registered user; (iii) any information, content or advice available on or received through the website (iv) access to or alteration of user content or HCP content (v) transmissions or data and (vi) the accuracy of any lab content including lab test results (vii)any other matter relating to the website and / or services.
7.9. DrPashu makes no warranty or representation that any errors in the website will be corrected except as required by law.
7.10. DrPashu assumes no responsibility and/or liability with respect to any user content, lab content or HCP content (as applicable) which you may post on the website and you are solely responsible for such user content posted on the site.
7.11. You agree that the open and real-time nature of the platform make it impossible for DrPashu to vouch for the validity, autheticity and honesty of user content or HCP content. DrPashu is not responsible for any user content or HCP content on the site, or for the consequences of you reading or relying on such content.
7.12. the site is provided on a “as is” and “as available” basis. neither DrPashu nor any third party service providers are liable for any technical or other operational difficulties or problems which may result in loss of your data, personalization settings or other interruptions in the features offered on the website. neither DrPashu nor any third party is liable for the deletion, loss, mis-delivery, timeliness or failure to store or transmit any user content, lab content or HCP content, DrPashu content or your personalization settings.
7.13. DrPashu does not provide any guarantee and shall not be held liable or responsible for the failure to send sms or other notifications or reminders to you as a feature of the website.
7.14. Neither the HCPs, Labs nor DrPashu shall be responsible or liable for any breach or loss of data including Personal Information caused due to events beyond the control of HCPs / DrPashu or due to technical reasons or third party actions.
7.15.Important Note: This diagnosis and prescription is generated by the HCP based on information provided by the Animal Owner during online consultation without any physical check-up. For any medical emergencies / bleeding etc, we recommend you to visit your nearby Veterinarian immediately.
8. LIMITATION OF LIABILITY:
8.1. To the fullest extent permitted by law, in no event will DrPashu or its affiliates be liable for any direct, indirect, special, incidental, punitive, exemplary or consequential damages (including, without limitation, loss of business, revenue, profits, goodwill), whether or not DrPashu has been warned of the possibility of such damages or could have reasonably foreseen such damages. Notwithstanding anything to the contrary in this Agreement, DrPashu’s liability under this Agreement to YOU shall in no event exceed the fee amounts collected from You in the preceding one year or INR 5000 whichever is lower.
9. REPRESENTATION AND WARRANTIES
By Using This Website You Represent And Warrant That:
9.1. You are 18 years of age or older and that Your use of the Website shall not violate any applicable law or regulation;
9.2. All registration information You submit is truthful and accurate and that You agree to maintain the accuracy of such information;
9.3. You as a Registered or Non-Registered User will use the Website solely for Your personal and non-commercial use. Any use of this Website or its content other than for personal purposes is prohibited.
9.4. Your use of this Website shall be subjected to the following restrictions: 9.4.1. You will not delete or modify any content of the Website including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that You do not own or have express permission to modify; 9.4.2. You will not decompile, reverse engineer, or disassemble the content, or 9.4.3. You will not remove any copyright, trademark registration, or other proprietary notices from the Website. You further agree not to access or use this Website in any manner that may be harmful to the operation of this Website or its content.
9.5. You will not use the Website and / or services in any way that is unlawful, or harms the Company or any other person or entity, as determined in the Company’s sole discretion.
9.6. You will not engage in any form of antisocial, disrupting, or destructive acts, including “flaming”, “spamming”, “flooding”, “trolling”, “phishing” and “griefing” as those terms are commonly understood and used on the Internet.
9.7. CONTENT You are solely liable for any content that You post or communicate directly in or on the Services. You will not host, display, upload, modify, publish, transmit, update or share any information that — (a) belongs to another person and to which the user does not have any right to; (b) 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; (c) harm minors in any way; (d) infringes any patent, trademark, copyright or other proprietary rights(s), violates any law for the time being in force; (f) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; (g) impersonate another person; (h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; (i) threatens 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.
10. INDEMNIFICATION
You hereby indemnify, defend, and hold DrPashu, the DrPashu’s distributors, agents, representatives and other authorized users (Registered and Non-Registered Users, HCPs), and each of the foregoing entities’ respective resellers, distributors, service providers and suppliers, and all of the foregoing entities’ respective officers, directors, owners, employees, agents, representatives, harmless from and against any and all losses, damages, liabilities and costs arising from (i)Your use of the Website (ii) Your breach of provisions of this Agreement and (iii) any negligent or intentional wrongdoing on Your part.
11. TERMINATION
DrPashu reserves the right, in the event it finds out in its sole discretion that You breached the Agreement, to suspend and / or terminate Your user account and/or access to the Website by blocking Your IP address or email id with or without notice to You. Any suspected illegal, fraudulent or abusive activity may be grounds for suspending and / or terminating Your user account and/or Your access to the Website. Upon suspension or termination, Your right to use the features on the Website shall immediately cease and the Company reserves the right to remove or delete Your information that is available with the Company, including but not limited to login and account information.
Upon user account termination or suspension, regardless of the reasons therefore, Your right to use the Website, User Content, HCP Content or DrPashu Content immediately ceases, and You acknowledge and agree that We may immediately deactivate or delete Your account and all related information and files in Your account and/or bar any further access to such files or this site. DrPashu shall not be liable to You or any third party for any claims or damages arising out of any termination or suspension of Your user account or any other actions taken by Us in connection with such account termination or suspension.
12. GOVERNING LAW AND JURISDICTION
The interpretation of this Agreement and the resolution of any disputes arising under this Agreement shall be governed by the laws of India.
13. MODIFICATIONS
d13.1. DrPashu reserves the right to modify any part of the Agreement at any time without giving You prior notice. 13.2. When We update the Agreement, the next time You visit the Website, the Website will provide a message to you (which may be sent by email if You have provided Your Email Id) which will intimate You of the amendments. You do not agree to the amendments, please do not use the Website any further.
14. ARBITRATION
14.1. Any dispute, claim or controversy arising out of or relating to this notice or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this Agreement to arbitrate, or to Your use of the Website or its features or the information to which it gives access, shall be determined by arbitration in India, before a single arbitrator in accordance with the London Court of International Arbitration, India Arbitration Rules (LCIA Rules), which LCIA Rules are deemed to be incorporated by reference into this Agreement. The venue of such arbitration shall be New Delhi, India. The governing law of the Agreement shall be the substantive law of India. 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 .
14.2. The Parties shall have the right to apply to a court of competent jurisdiction to obtain interim injunctive relief in respect of any dispute, pending resolution of such dispute in accordance with the Agreement.
15. GENERAL PROVISIONS
15.1. Severability: If any provision of this Agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from the Agreement and the remainder of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event the Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.
15.2. Notices: All notices and other communications required or permitted hereunder to be given to a Party shall be in writing, in the English language, and shall be sent by facsimile, e-mail, or mailed by prepaid internationally-recognized courier, or otherwise delivered by hand or by messenger, addressed to such Party’s address as set forth below or at such other address as the Party shall have furnished to the other Party in writing in accordance with this provision: If to DrPashu: DrPashu AI Private Limited If to You: at the email address provided by You to us when You registered as a DrPashu User.
15.3. Waiver: No term of the Agreement shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented. Any consent by any Party to, or waiver of a breach by the other, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
15.4. Complete Understanding: The Agreement contain the entire understanding of the Parties, and there are no other written or oral understandings or promises between the Parties with respect to the subject matter of the Agreement other than those contained or referenced in the Agreement.
15.5. Force Majeure: DrPashu shall not be liable for any downtime or delay or unavailability of the Website caused by circumstances beyond DrPashu’s reasonable control, including without limitation, acts of God, acts of government, floods, fires, earthquakes, civil unrest, acts of terror, strikes or other labour problems, internet service provider failures or delays, or denial of service attacks.
15.6. Advice of Counsel: Each Party acknowledges: (a) having fully read the Agreement in its entirety; (b) having had full opportunity to study and review the Agreement.
15.7. Advertisement: DrPashu shall have the right to place advertisements and publicity materials of its choice, including that pertaining to parties other than itself for commercial use through electronic means on the Website.
15.8. Assignment: You may not assign or sub-license, without the prior written consent of DrPashu, the rights, duties or obligations under this Agreement, in whole or in part, to any person or entity.
15.9. Conflict: In the event there is any conflict between the terms set out in these Terms of Use, the Privacy Policy, the Additional Terms of Use for HCPs and any other policies applicable to specific pages of the Website, the following order of prevalence shall apply: (i) the Privacy Policy (ii) these Terms of Use, (iii) the Additional Terms of Use for HCPs and (iv) any other policies applicable to specific pages of the Website.
16. RETURN & REFUND POLICY
16.1. At DrPashu.com, we do our best to ensure that our customers are immensely satisfied with our products. And we are happy to offer a complete refund in the following circumstances. (a) You received a defective/damaged item(s). (b) Delivered item(s) doesn’t match your order. (c) The ordered item(s) is/are lost or damaged during transit. 16.2. Following circumstances do not qualify for Return or Refund. (a) Any wrong ordering of product doesn’t qualify for Return or refund. (b) Return or refund requests arising due to change in prescription do not qualify for Return. (c) All products to be returned should always be in their original manufacturer’s packaging i.e. with original tags, labels, bar-code and invoice. (d) Used,Opened or Partially consumed products do not qualify for Return, only completely intact products can be returned. (e) Return product should have the same batch number as mentioned on the invoice. (f) Non delivery of product reported after 48 hours of delivery confirmation text message on registered mobile number. 16.3. How to Request a Refund: To request a refund, simply email us your order details, including the reason why you’re requesting a refund at orders@DrPashu.com. 16.4. Please Note: Mode of refund may vary from case to case. If the mode of refund is by Credit/Debit Card or Net Banking, allow 7 to 14 working days for the credit to appear in your account. If the mode of refund is by Wallet, credit should be available within 7 to 10 working days.
17. LEGAL DISCLAIMER
17.1 While we ensure that all product information on the platform is complete and accurate, however, we advise you not to solely rely on this information. It is recommended to refer to the product manual and/or specifications provided by the manufacturer either on their website or along with the product.
17.2 This is applicable for all warnings, labels, ingredients and usage directions as well.
17.3 The use of any information provided on this platform is solely at the user’s risk. Nothing contained on this platform shall be considered as medical advice.
17.4 Consumers are advised to contact the manufacturer for any further information and assistance.
ADDITIONAL TERMS OF USE FOR HCPS
These terms and conditions specific to HCPs (“HCP Terms “) form a legally binding agreement between DrPashu Inc, USA (“We” or “Us” or Our or “DrPashu” or “Company”), having its registered office at 160, Greentree Drive, Suite 101, Dover 19904 and You (“You” or “Your”), as an HCP User of Our Website, System and Services. You and We are hereinafter collectively referred to as the “Parties”. By clicking “sign up” or “start my free trial” or “get started for free” or the ‘I accept’ tab at the time of registration, or by entering into an agreement with DrPashu to provide committed services as set out in these HCP Terms , or through the continued use of the System and/or Services,, or by Accessing the System and/or Services through any medium, including but not limited to accessing the System through mobile phones, smartphones and tablets, You agree to be subject to these HCP Terms. We request You to please read these HCP Terms carefully and do not click “sign up” or “start my free trial” or “get started for free” “I accept” or continue the use of the Website, System and Service unless You agree fully with these HCP Terms. These HCP Terms are in addition to the Terms of Use of the Website available at https://www.DrPashu.com/terms, the Privacy Policy https://www.DrPashu.com/privacy and any other policy which may govern the use of the Website, System and Services (referred to as the “Other Terms” and collectively with the HCP Terms referred to as “Agreement”)
1. Definitions As used in these HCP Terms , the following terms shall have the meaning set forth below: (i) “Account” means credit or debit balance maintained by You with the Website; (ii) “Effective Date” means the Date on which You accept these HCP Terms by clicking ‘Sign Up’ or “start my free trial” or “get started for free” or ‘I Accept’; (iii) “User Information” means information regarding Registered Users which includes personal and medical information and any other information which may be provided by a Registered Users to You or may be transferred to You by DrPashu; (iv) “Services” means the services offered to You by DrPashu that involves use of the System, which may include the practice management service, electronic medical records service and other services as may be introduced by DrPashu from time to time; (v) “Website” means www.DrPashu.com (vi) “System” means the technology platform provided as part of the Website consisting of hardware and / or software used or provided by Us for the purpose of providing the Services to You; All other capitalized terms shall have the meaning ascribed to them in the Other Terms.
2. Grant of Rights (i) Subject to the terms of the Agreement, we grant to You and You accept a non-exclusive, personal, non-transferable, limited right to have access to and to use the System for the duration of Your engagement with Us. The aforementioned right does not extend to : (a) use the System for time-sharing, rental or service bureau purposes; (b) make the System, in whole or in part, available to any other person, entity or business; (c) modify the contents of the Systems and the Website or use such content for any commercial purpose, or any public display, performance, sale or rental other than envisaged in the Agreement; (c) copy, reverse engineer, decompile or disassemble the System or the Website, in whole or in part, or otherwise attempt to discover the source code to the software used in the System; or (d) modify the System or associated software or combine the System with any other software or services not provided or approved by Us. You will obtain no rights to the System except for the limited rights to use the System expressly granted by these HCP Terms. (ii) The System/Website may links or references which direct you to third party websites / applications / content or service providers, including advertisers and e-commerce websites (collectively referred to as “Third Party Websites”). Links to such Third Party Websites are provided for your convenience only. Please exercise your independent judgment and prudence when visiting / using any Third Party Websites via a link available on the System / Website. Should You decide to click on the links to visit such Third Party Website, You do so of Your own volition. Your usage of such Third Party Websites and all content available on such Third Party Websites is subject to the terms of use of the respective Third Party Website and we is not responsible for Your use of any Third Party Websites
3. By accepting these HCP Terms, You agree that: (i) You will acquire, install, configure and maintain all hardware, software and communications systems necessary to access the System (“Implementation”) and receive the Services. To the extent possible, such an assessment should be done before making advance payment for the Service. Your Implementation will comply with the specifications from time to time established by Us. You will ensure that Your Implementation is compatible with the System and Services. If We notify You that Your Implementation is incompatible with the System and / or Services, You will rectify such incompatibility, and We will have the right to suspend Services to You until such rectification has been implemented. Under no circumstances will You be eligible for any refund or any financial assistance in relation to Implementation.
4. Engagement of HCPs by DrPashu (i) In certain cases, You and DrPashu may agree that You will commit to providing information and responses on the Website for a specific period of time (such as a specific number of hours per day / week/ month). In such a case, while all the terms of the Agreement will continue to apply to You, there may be some additional terms which will apply to You which will be agreed between You and DrPashu.
5. Access to the System and Use of Services (i) Verification. You agree that Your receipt of Services is subject to verification by Us of Your identity and credentials as a health care practitioner and to Your ongoing qualification as such. As part of the registration process and at any time thereafter, You may be required to provide Us with various information such as Your Photo Id, Your medical registration details (as recognized by the Medical Council of India and Your State Medical Council), Your qualifications and other information in order to prove that You are a valid health care practitioner in the field that You claim (“Credential Information”). We may verify such Credential Information or may ask You for additional information. We may also make enquiries from third parties to verify the authenticity of Your Credential Information. You authorize Us to make such enquiries from such third parties, and You agree to hold them and Us harmless from any claim or liability arising from the request for or disclosure of such information. You agree that We may terminate Your access to or use of the System and Services at any time if We are unable at any time to determine or verify Your Credential Information. We reserve the right to carry out re-verification of Credential Information as and when required, and the above rights and commitments will extend to re-verification as well. (ii) Safeguards. a) You will implement and maintain appropriate administrative, physical and technical safeguards to protect the System from access, use or alteration; and You will always use the User ID assigned to You. b) You will immediately notify Us of any breach or suspected breach of the security of the System of which You become aware, or any unauthorized use or disclosure of information within or obtained from the System, and You will take such action to mitigate the breach or suspected breach as We may direct, and will cooperate with Us in investigating and mitigating such breach. (iii) No Third-Party Access. You will not permit any third party to have access to the System or to use the System or the Services without Our prior written consent. You will not allow any third party to access the System or provide information to Registered Users/ Non-Registered Users on the Website. You will promptly notify Us of any order or demand for compulsory disclosure of health information if the disclosure requires access to or use of the System or Services.
6. Compliance (i) You are solely responsible for ensuring that Your use of the System and the Services complies with applicable law. You will also ensure that Your use of the System, the Website and the Services is always in accordance with the terms of the Agreement. You will not undertake or permit any unlawful use of the System or Services, or take any action that would render the operation or use of the System or Services by us. (ii) Without limiting the generality of the foregoing, You represent that You shall not use the System in violation of any applicable laws including MCIs Code of Medical Ethics Regulations or any other code of conduct governed by your council. Notwithstanding the generality of the foregoing, You shall not use the System to a) Interact with a Registered Users at the time of medical emergencies. b) Discriminate in any way between appointments booked in the ordinary course and appointments booked through DrPashu. c) Boast of cases, operations, cures or remedies through System, Services or Website. d) Directly or indirectly solicit Registered Users for consultation. e) Claim to be a specialist, through System, Services or Website, unless You have a special qualification in that branch. f) Give any positive assertion or representation regarding the risk-free nature of communicating over online media. (iii) You shall keep Your Credential Information updated and will inform Us immediately should any portion of Your Credential Information be revoked, is canceled or expires.
7. User information (i) You hereby acknowledge that You may get access to User Information including identifiable health related information. (ii) You represent and warrant that You will, at all times during the use of the Services and thereafter, comply with all laws directly or indirectly applicable to You that may now or hereafter govern the collection, use, transmission, processing, receipt, reporting, disclosure, maintenance, and storage of User Information, including but not limited to the Information Technology Act, 2000 and The Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 made thereunder., (iii) Notwithstanding the generality of the aforementioned provision (a) You acknowledge that You have read, understood and agree to comply with DrPashu’s Privacy Policy available at https://www.DrPashu.com/privacy when dealing with User Information. (b) You represent and warrant that You will not use the User Information of Registered Users and Non-Registered Users for any other purpose than for providing information to such Registered Users and Non-Registered Users and /or fixing appointments with the Registered Users.
8. Cooperation (i) You will cooperate with Us in the administration of the System, including providing reasonable assistance in evaluating the System and collecting and reporting data requested by Us for the purposes of administering the System. (ii) We may provide Your reference to other potential users of the system as a referral to Our Services. In case You would not like to be contacted by potential users, You can send Us an email at hello@DrPashu.com regarding the same. We shall cease providing Your reference to potential users within 48 hours of receipt of such written request.
9. Providing Physician Data You agree that We may provide de-identified health information and other information including Your personal information and information concerning Your practice to any medical group, independent practice association of physicians, health plan or other organization including any organization with which You have a contract to provide medical services, or to whose members or enrollees You provide medical services. Such information may identify You, but will not identify any individual to whom You provide services. Such information may include (without limitation) aggregate data concerning Your patients, diagnoses, procedures, orders etc.
10. Intellectual Property Rights All intellectual property rights in and title to the System, the present or future modifications / upgrades thereof and standard enhancements thereto shall remain the property of DrPashu Inc. and its licensors. These HCP Terms or the Agreement do not and shall not transfer any ownership or proprietary interest in the System from DrPashu to You, except as may be otherwise expressly provided in these HCP Terms or as may be agreed to by and between DrPashu and You.
11. Fees and Charges (i) You will be obligated to pay Us Our standard service fee (the “Service Fee”) for the Services to which You have access during Your subscription to the System and Our Services. You also agree to pay, Our then current rates, for all goods or services that You request from Us and that are not included in Our standard services (“Miscellaneous Charges”). We will notify You of the Service Fee and Miscellaneous Charges when You are granted access to a service, and We will notify You of the applicable Miscellaneous Charges before providing services to which a Miscellaneous Charge will apply. (ii) You understand that DrPashu provides various Services with respect to the System. While some of these Services are provided for free, there are certain Services for which costs will be incurred by You, if You decide to avail such Services (“Paid Services”). For more information on DrPashu’s Service Fees with respect to Paid Services including modes of payment, please check https://doctor.DrPashu.com/pricing. DrPashu shall have the right to change the Service Fees for the Paid Services at any time, with or without notice to You. Your continued use of the System and the Website shall be deemed to be Your acceptance of such changes. (iii) You understand and acknowledge that We follow a prepay payment model for Our Services. Accordingly, Your access to the Services can be limited or suspended or terminated in case You are unable to maintain any credit balance in Your Account which you may have agreed to at the time of subscription (“Non Payment State”). DrPashu reserves the right to charge additional charges (“Activation Fees”) in case Your Services need to be restored after being suspended for non-payment. (iv) All charges and fees shall be exclusive of all state, municipal, or other government excise, sales, service, use, occupational, or like taxes now in force. We have a right to pass on any additional taxes or other state levies to You and You agree to pay any tax (excluding taxes on Our net income) that We may be required to collect or pay now or at any time in the future and that are imposed upon the sale or delivery of items and Services purchased under these HCP Terms. (v) You are responsible for any charges You incur to use the System, such as telephone and equipment charges, and fees charged by third-party vendors of products and services. (f) We reserve to change the terms applicable to fee at any point in time by giving You fifteen (15) days’ prior intimation via email. The revised fee terms shall be automatically applicable to You after the fifteen (15) days’ notice period. You agree that no separate confirmation or approval is required from You to amend the terms with regard to the fee. (vi) We do not have any refund policy. You can stop payment of the Service Fees at any point in time to discontinue using Our Service. At such point, Your subscription shall last till the end of Your subscription period (a maximum of 30 days) and shall then be moved to Non Payment State. Provisions of Section 11(iii) above shall apply for such accounts. (vii) The HCP Fees collected by DrPashu on your behalf from Registered Users shall be disbursed to your bank within 45 days of the date of the completion of the consultation for which such HCP Fees were collected. You agree that the consultation shall be deemed to have been completed after expiry of fifteen (15) days from the date of the consultation. For the removal of doubts, a consultation shall be deemed to have been completed when the payee Registered User has been provided the level of consultation reasonably expected from you in consideration of the HCP Fees. (viii) When We collect lump sum HCP Fees for multiple consultations which have been booked by the Registered Users: a. You will deliver and complete all consultations which have been booked b. The lump sum HCP Fees shall be deemed to have been delivered only after expiry of fifteen (15) days from the date of completion of the last consultation. c. You will refund all amounts for which no consultation has been delivered. (ix) You hereby grant Us written consent to collect, store, handle and use Your financial information such as bank account or credit card or debit card or other payment instrument details for the purpose of paying for Services and access to System in accordance with Our Privacy Policy. (x) In case DrPashu is of the opinion that the consultation provided by you to Registered User against the HCP Fees is unsatisfactory or deficient in some way, then it reserves the right to (a) where the corresponding HCP Fees is unpaid, forfeit the said fees or (b) where the corresponding HCP Fee is paid, (i) recover the corresponding HCP Fees by adjusting the amount equivalent to HCP Fees against any future payments that may be due or (ii) make a claim of the corresponding HCP Fees on you. You agree that upon receipt of a claim from DrPashu, you will pay the amount to DrPashu within fifteen (15) days from the date of the claim.
12. Confidential Information (a) You will treat all information received from Us as confidential. You may not disclose Our confidential information to any other person, and You may not use any confidential information except as provided herein. Except as otherwise provided in HCP Terms and Other Terms, You may not, without Our prior written consent, at any time, during or after the applicability of these HCP Terms, directly or indirectly, divulge or disclose confidential information for any purpose or use confidential information for Your own benefit or for the purposes or benefit of any other person. You agree to hold all confidential information in strict confidence and to take all measures necessary to prevent unauthorized copying, use, or disclosure of confidential information, and to keep the confidential information from being disclosed into the public domain or into the possession of persons not bound to maintain confidentiality. You will disclose confidential information only to your employees, agents or contractors who have a need to use it for the purposes permitted under the HCP Terms and Other Terms only. You will inform all such recipients of the confidential nature of confidential information and will instruct them to deal with confidential information in accordance with these HCP Terms. You will promptly notify Us in writing of any improper disclosure, misappropriation, or misuse of the confidential information by any person, which may come to Your attention. (b) You agree that We will suffer irreparable harm if You fail to comply with the obligations set forth in this Section 12, and You further agree that monetary damages will be inadequate to compensate Us for any such breach. Accordingly, You agree that We will, in addition to any other remedies available to Us at law or in equity, be entitled to seek injunctive relief to enforce the provisions hereof, immediately and without the necessity of posting a bond. (c) This Section 12 will survive the termination or expiration of these HCP Terms or Agreement for any reason.
13. Disclaimer and Exclusion of Warranties (a) You acknowledge that access to the system will be provided over various facilities and communication lines, and information will be transmitted over local exchange and internet backbone carrier lines and through routers, switches, and other devices (collectively, “carrier lines”) owned, maintained, and serviced by third-party carriers, utilities, and internet service providers, all of which are beyond our control. we assume no liability for or relating to the integrity, privacy, security, confidentiality, or use of any information while it is transmitted on the carrier lines, or any delay, failure, interruption, interception, loss, transmission, or corruption of any data or other information attributable to transmission on the carrier lines. use of the carrier lines is solely at your risk and is subject to all applicable local, state, national, and international laws. (b) The services, the website the system, access to the system and the information contained on the system is provided “as is” and “as available” basis without any warranty of any kind, expressed or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. you are solely responsible for any and all acts or omissions taken or made in reliance on the system or the information in the system, including inaccurate or incomplete information. it is expressly agreed that in no event shall we be liable for any special, indirect, consequential, remote or exemplary damages, including but not limited to, loss of profits or revenues, loss of use, or loss of information or data, whether a claim for any such liability or damages is premised upon breach of contract, breach of warranty, negligence, strict liability, or any other theory of liability, even if we have been apprised of the possibility or likelihood of such damages occurring. we disclaim any and all liability for erroneous transmissions and loss of service resulting from communication failures by telecommunication service providers or the system. (c) You acknowledge that other users have access to the system and are receiving our services. such other users have committed to comply with these terms & conditions and our policies and procedures concerning use of the system; however, the actions of such other users are beyond our control. accordingly, we do not assume any liability for or relating to any impairment of the privacy, security, confidentiality, integrity, availability, or restricted use of any information on the system resulting from any users’ actions or failures to act. (d) We are not responsible for unauthorized access to your, data, facilities or equipment by individuals or entities using the system or for unauthorized access to, alteration, theft. corruption, loss or destruction of your, data files, programs, procedures, or information through the system, whether by accident, fraudulent means or devices, or any other means. you are solely responsible for validating the accuracy of all output and reports, and for protecting your data and programs from loss by implementing appropriate security measures, including routine backup procedures. you hereby waive any damages occasioned by lost or corrupt data, incorrect reports, or incorrect data files resulting from programming error, operator error, equipment or software malfunction, security violations, or the use of third-party software. we are not responsible for the content of any information transmitted or received through our provision of the services. (e) We expressly disclaim any liability for the consequences to you arising because of your use of the system or the services. (f) We do not warrant that your use of the system and the services under these terms will not violate any law or regulation applicable to you.
14. Limitation Of Liability notwithstanding the other terms of these HCP terms, in the event DrPashu should have any liability to you or any third party for any loss, harm or damage, you and DrPashu agree that such liability shall under no circumstances exceed the value of any fees received by DrPashu from you in the preceding twelve months or inr 5000 whichever is lower. you and DrPashu agree that the foregoing limitation of liability is an agreed allocation of risk between you and DrPashu. you acknowledge that without your assent to this section 14, DrPashu would not provide access to the system, to you.
15. Indemnification You agree to indemnify, defend, and hold harmless DrPashu, Our and their affiliates, officers, directors, and agents, from and against any claim, cost or liability, including reasonable attorneys’ fees, arising out of: (a) the use of the Services; (b) any breach by You of any representations, warranties or agreements contained in these HCP Terms ; (c) the actions of any person gaining access to the System under a User ID assigned to You; (d) the actions of anyone using a User ID, password or other unique identifier assigned to You that adversely affects the System or any information accessed through the System;
16. Termination; Modification; Suspension; Termination (a) We or You may terminate our Services at any time without cause upon thirty (30) days prior written notice to You. (b) We may update or change the Services and/or the HCP Terms and/ or the Service Fee set forth in these HCP Terms from time to time and recommend that You review these HCP Terms on a regular basis. You understand and agree that Your continued use of the Services after the HCP Terms has been updated or changed constitutes Your acceptance of the revised HCP Terms. Without limiting the foregoing, if We make a change to these HCP Terms that materially affects Your use of the Services, We may post notice on the Website or notify You via email of any such change. (c) Termination, Suspension or Amendment as a result of applicable laws – Notwithstanding anything to the contrary in these HCP Terms , We have the right, on providing notice to You, immediately to terminate, suspend, or amend the provision of the Services without liability: (a) to comply with any order issued or proposed to be issued by any governmental agency; (b) to comply with any provision of law, any standard of participation in any reimbursement program, or any accreditation standard; or (c) if performance of any term of these HCP Terms by either Party would cause it to be in violation of law. (d) We may terminate the provision of Services to You through the System immediately upon notice to You: (i) if You are named as a defendant in a criminal proceeding for a violation of federal or state law; (ii) if a finding or stipulation is made or entered into that You have violated any standard or requirement of federal or state law relating to the privacy or security of health information is made in any administrative or civil proceeding; or (iii) You cease to be qualified to provide services as a healthcare professional, or We are unable to verify Your qualifications as notified to Us under these HCP Terms. (e) We may suspend Your Services immediately pending Your cure of any breach of these HCP Terms, or in the event We determine in Our sole discretion that access to or use of the System by You may jeopardize the System or the confidentiality, privacy, security, integrity or availability of information within the System, or that You have violated or may violate these HCP Terms or Other Terms, or has jeopardized or may jeopardize the rights of any third party, or that any person is or may be making unauthorized use of the System with any User ID assigned to You. Our election to suspend the Services shall not waive or affect Our rights to terminate these HCP Terms as applicable to You as permitted under these HCP Terms. (f) Upon termination, You will cease to use the System and We will terminate Your access to the System. Upon termination for any reason, You will remove all software provided under HCP Terms from Your computer systems, You will cease to have access to the System, and You will return to Us all hardware, software and documentation provided by or on behalf of Us
