Terms and Conditions
Pranpa Technologies Private Limited ("Pranpa") is the author and publisher of the internet resource www.pranpa.com and the mobile application 'Pranpa' (together, "Website"). Pranpa owns and operates the services provided through the Website.
· 1. NATURE AND APPLICABILITY OF TERMS
The Agreement applies to you whether you are -
i. A medical practitioner or health care provider (whether an individual professional or an organization) or similar institution wishing to be listed, or already listed, on the Website, including designated, authorized associates of such practitioners or institutions("Practitioner(s)", "you" or "User"); or
ii. A patient, his/her representatives or affiliates, searching for Practitioners through the Website ("End-User", "you" or "User"); or
iii. Otherwise a user of the Website ("you" or "User").
This Agreement applies to those services made available by Pranpa on the Website, which are offered free of charge to the Users ("Services"), including the following:
iv. For Practitioners: Listing of Practitioners and their profiles and contact details, to be made available to the other Users and visitors to the Website;
v. For other Users: Facility to (i) create and maintain 'Health Accounts' of their Childs, (ii) search for Practitioners by name, speciality, and geographical area, or any other criteria that may be developed and made available by Pranpa, and (iii) to make appointments with Practitioners (iv) to search schools, creches or classes.
The Services may change from time to time, at the sole discretion of Pranpa, and the Agreement will apply to your visit to and your use of the Website to avail the Service, as well as to all information provided by you on the Website at any given point in time.
This Agreement defines the terms and conditions under which you are allowed to use the Website and describes the manner in which we shall treat your account while you are registered as a member with us. If you have any questions about any part of the Agreement, feel free to contact us at email@example.com.
We reserve the right to modify or terminate any portion of the Agreement for any reason and at any time, and such modifications shall be informed to you in writing You should read the Agreement at regular intervals. Your use of the Website following any such modification constitutes your agreement to follow and be bound by the Agreement so modified.
You acknowledge that you will be bound by this Agreement for availing any of the Services offered by us. If you do not agree with any part of the Agreement, please do not use the Website or avail any Services.
Your access to use of the Website and the Services will be solely at the discretion of Pranpa.
The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but not limited to:
i. the Indian Contract Act, 1872,
ii. the (Indian) Information Technology Act, 2000, and
iii. the rules, regulations, guidelines and clarifications framed there under, 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").
· 2. CONDITIONS OF USE
You must be 18 years of age or older to register, use the Services, or visit or use the Website in any manner. By registering, visiting and using the Website or accepting this Agreement, you represent and warrant to Pranpa that you are 18 years of age or older, and that you have the right, authority and capacity to use the Website and the Services available through the Website, and agree to and abide by this Agreement.
The terms in this Clause 3 are applicable only to Users other than Practitioners.
o 3.1 END-USER ACCOUNT AND DATA PRIVACY
§ 3.1.2 Pranpa may by its Services, collect information relating to the devices through which you access the Website, and anonymous data of your usage. The collected information will be used only for improving the quality of Pranpa' services and to build new services.
§ 3.1.3 The Website allows Pranpa to have access to registered Users' personal email or phone number, for communication purpose so as to provide you a better way of booking appointments and for obtaining feedback in relation to the Practitioners and their practice.
i. The type of information collected from Users, including sensitive personal data or information;
ii. The purpose, means and modes of usage of such information;
iii. How and to whom Pranpa will disclose such information; and,
iv. Other information mandated by the SPI Rules.
i. the fact that certain information is being collected;
ii. the purpose for which the information is being collected;
iii. the intended recipients of the information;
iv. the nature of collection and retention of the information; and
v. the name and address of the agency that is collecting the information and the agency that will retain the information; and
vi. the various rights available to such Users in respect of such information.
§ 3.1.6 Pranpa 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 Pranpa or to any other person acting on behalf of Pranpa.
§ 3.1.7 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 Pranpa of any actual or suspected unauthorized use of the User's account or password. Although Pranpa will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Pranpa or such other parties as the case may be, due to any unauthorized use of your account.
§ 3.1.8 If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Pranpa has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Pranpa has the right to discontinue the Services to the User at its sole discretion.
§ 3.1.9 Pranpa may use such information collected from the Users from time to time for the purposes of debugging customer support related issues.
i. Your Health History is only created after you have signed up and explicitly accepted these Terms.
ii. Information available in your Health History is the Information generated by your interaction with a Practitioner who uses 'Pranpa -RX' or other Services of software.
iii. Any Practice created information is provided on an as-is basis and Pranpa does not validate the said information and makes no representation in connection therewith. You should contact the relevant Practitioner in case you wish to point out any discrepancies or add, delete, or modify the information in any manner.
iv. The Health History is provided on a best-efforts as-is basis. While we strive to maintain the highest levels of service availability, Pranpa is not liable for any interruption that may be caused to your access of the Services.
v. The 'Vaccination Reminder' provided by the Health History is only a supplementary way of reminding you to book appointment for next vaccination with your doctor. You should refer to your prescription before taking any such appointment. Pranpa is not liable if for any reason Vaccination Reminders are not delivered to you or are delivered late or delivered incorrectly, despite its best efforts. In case you do not wish to receive the Vaccination Reminders, you can request your doctor to convey the same to Pranpa team.
vi. It is your responsibility to keep your correct mobile number and email ID updated in the Health History. The records will be sent to the account associated with this mobile number and/or email ID. Every time you change any contact information (mobile or email), we will send a confirmation. Pranpa is not responsible for any loss or inconvenience caused due to your not updating your contact details for the Health Account.
vii. Pranpa uses industry-level security and encryption to your Health History. However, Pranpa cannot guarantee prevent unauthorized access if you lose your login credentials or they are otherwise compromised. Please safeguard your login credentials and report any actual suspected breach of account to firstname.lastname@example.org.
o 3.2RANKING ALGORITHM
Pranpa's ranking algorithm for the Practitioners is a fully automated system that lists the Practitioners, their profile and information regarding their Practice on its Website. These listings of Practitioners do not represent any fixed objective ranking or endorsement by Pranpa. Pranpa will not be liable for any change in the ranking of the Practitioners, which may take place from time to time. The listing of Practitioners will be based on automated computation of the various factors including inputs made by the Users including their comments and feedback. Such factors may change from time to time, in order to improve the listing algorithm. Pranpa in no event will be held responsible for the accuracy and the relevancy of the listing order of the Practitioners on the Website.
o 3.3 LISTING CONTENT AND DISSEMINATING INFORMATION
§ 3.3.1 Pranpa collects, directly or indirectly, and displays on the Website, relevant information regarding the profile and practice of the Practitioners listed on the Website, such as their specialisation, qualification, fees, location, visiting hours, and similar details. Pranpa takes reasonable efforts to ensure that such information is updated at frequent intervals. Although Pranpa screens and vets the information and photos submitted by the Practitioners, it cannot be held liable for any inaccuracies or incompleteness represented from it, despite such reasonable efforts.
§ 3.3.2 The Services provided by Pranpa or any of its licensors or service providers are provided on an "as is" and "as available' basis, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). Pranpa does not provide or make any representation, warranty or guarantee, express or implied about the Website or the Services. Pranpa 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, Pranpa 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 Pranpa or any User in relation to any User or services provided by such User.
§ 3.3.3 The Website may be linked to the website of third parties, affiliates and business partners. Pranpa 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 Pranpa endorses the linked site. User may use the links and these services at User's own risk.
§ 3.3.4 Pranpa 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.
§ 3.3.5 If Pranpa determines that you have provided fraudulent, inaccurate, or incomplete information, including through feedback, Pranpa reserves the right to immediately suspend your access to the Website or any of your accounts with Pranpa and makes such declaration on the website alongside your name/your clinic's name as determined by Pranpa for the protection of its business and in the interests of Users. You shall be liable to indemnify Pranpa for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected Pranpa or its Users.
o 3.4 APPOINTMENT BOOKING AND INTERACTION WITH PRACTITIONERS
§ 3.4.1 While Pranpa will try to ensure a confirmed appointment for an End-User who requested an appointment on Website, Pranpa does not guarantee that a patient will get a confirmed appointment. Further, Pranpa has no liability if such appointment is confirmed but later cancelled by Practices or Practitioners, or the Practitioners are not available as per the given appointment time.
§ 3.4.2 You understand and agree that any interactions and associated issues with other Users including but not limited to your .childs health issues and your experiences is strictly between you and the other Users. You shall not hold Pranpa responsible for any such interactions and associated issues. For avoidance of doubt, Pranpa is not involved in providing any healthcare or medical advice or diagnosis and hence is not responsible for any outcome between you and the Practitioner you interact with, pursuant to any interactions on the Website. If you decide to engage with a Practitioner to provide medical services to you, you do so at your own risk. The results of any search you perform on the Website for Practitioners should not be construed as an endorsement by Pranpa of any such particular Practitioner. Pranpa shall not be responsible for any breach of service or service deficiency by any Practitioner. We cannot assure nor guarantee the ability or intent of the Practitioner(s) to fulfill their obligations towards you. We advise you to perform your own investigation prior to selecting a Practitioner.
§ 3.4.3 Without prejudice to the generality of the above, Pranpa will not be liable for:
i. any wrong medication or treatment quality being given by the Practitioner(s), or any medical negligence on part of the Practitioner(s);
ii. any type of inconvenience suffered by the User due to a failure on the part of the Practitioner to provide agreed services or to make himself/herself available at the appointed time, no show by the Practitioner, inappropriate treatment, or similar difficulties;
iii. any misconduct or inappropriate behavior by the Practitioner or the Practitioner's staff;
iv. cancellation or rescheduling of booked appointment or any variance in the fees charged;
v. any medical eventualities that might occur subsequent to using the services of a Practitioner, whom the User has selected on the basis of the information available on the Website or with whom the User has booked an appointment through the Website.
§ 3.4.4 Further, Pranpa shall not be liable, under any event, for any comments or feedback given by any of the Users in relation to the services provided by another User. All such feedback should be made in accordance with applicable law. The option of Users to give feedback remains at Pranpa' sole discretion and may be modified or withdrawn at its sole discretion. Pranpa may moderate such feedback at any time. Pranpa shall not be obliged to act in any manner to give effect to the content of Users' feedback, such as suggestions for delisting of a particular Practitioner from the Website.
o 3.5 NO DOCTOR-PATIENT RELATIONSHIP; NOT FOR EMERGENCY USE
§ 3.5.1 Please note that some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, "Information") that may be available on the Website (including information provided in direct response to your questions or postings) may be provided by individuals in the medical profession. The provision of such Information does not create a licensed medical professional/patient relationship, between Pranpa and you and does not constitute 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.
§ 3.5.2 It is hereby expressly clarified that, the Information that you obtain or receive from Pranpa, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Website is for informational purposes only. We make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, quality of work, expertise or other information provided on the Website. 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.
§ 3.5.3 The Services are not intended to be a substitute for getting in touch with emergency healthcare. If you are an End-User facing a medical emergency for your child (either on your or on another person's behalf), please contact an ambulance service or hospital directly.
o 3.6 CONTENT OWNERSHIP AND COPYRIGHT CONDITIONS OF ACCESS
§ 3.6.1 The contents listed on the Website are (i) User generated content, or (ii) belong to Pranpa. The information that is collected by Pranpa directly or indirectly from the End- Users and the Practitioners shall belong to Pranpa. Copying of the copyrighted content published by Pranpa on the Website for any commercial purpose or for the purpose of earning profit will be a violation of copyright and Pranpa reserves its rights under applicable law accordingly.
§ 3.6.2 Pranpa authorizes the User to view and access the content available on or from the Website solely for ordering, receiving, delivering and communicating only as per this Agreement. The contents of the Website, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the Website (collectively, "Pranpa Content"), are the property of Pranpa and are protected under copyright, trademark and other laws. User shall not modify the Pranpa Content or reproduce, display, publicly perform, distribute, or otherwise use the Pranpa Content in any way for any public or commercial purpose or for personal gain.
§ 3.6.3 User shall not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or comchilditive purposes.
3.7 REVIEWS AND FEEDBACK
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 Practitioners or other healthcare professionals. The role of Pranpa in publishing Critical Content is restricted to that of an 'intermediary' under the Information Technology Act, 2000. Pranpa 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. Pranpa 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 Clause 5 of these Terms. Without prejudice to the detailed terms stated in Clause 5, 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. Pranpa, at its sole discretion, may choose not to publish your reviews and feedback, if so required by applicable law, and in accordance with Clause 5 of these Terms. You agree that Pranpa may contact you through telephone, email, SMS, or any other electronic means of communication for the purpose of:
i. Obtaining feedback in relation to Website or Pranpa's services; and/or
ii. Obtaining feedback in relation to any Practitioners listed on the Website; and/or
iii. Resolving any complaints, information, or queries by Practitioners regarding your Critical Content;
iv. and you agree to provide your fullest co-operation further to such communication by Pranpa. Pranpa' Feedback Collection and Fraud Detection Policy, is annexed as the Schedule hereto, and remains subject always to these Terms.
The terms in this Clause 4 are applicable only to Practitioners.
o 4.1 LISTING POLICY
§ 4.1.1 Pranpa, directly and indirectly, collects information regarding the Practitioners' profiles, contact details, and practice. Pranpa reserves the right to take down any Practitioner's profile as well as the right to display the profile of the Practitioners, with or without notice to the concerned Practitioner. This information is collected for the purpose of facilitating interaction with the End-Users and other Users. If any information displayed on the Website in connection with you and your profile is found to be incorrect, you are required to inform Pranpa immediately to enable Pranpa to make the necessary amendments.
§ 4.1.2 Pranpa shall not be liable and responsible for the ranking of the Practitioners on external websites and search engines
§ 4.1.4 Pranpa reserves the right to moderate the suggestions made by the Practitioners through feedback and the right to remove any abusive or inappropriate or promotional content added on the Website. However, Pranpa shall not be liable if any inactive, inaccurate, fraudulent, or non- existent profiles of Practitioners are added to the Website.
§ 4.1.5 Pranpa reserves the right to publish the User information to a third party, subject to prior explicit informed consent from the User.
§ 4.1.7 You as a Practitioner hereby represent and warrant that you will use the Services in accordance with applicable law. Any contravention of applicable law as a result of your use of these Services is your sole responsibility, and Pranpa accepts no liability for the same.
o 4.2 PROFILE OWNERSHIP AND EDITING RIGHTS
Pranpa ensures easy access to the Practitioners by providing a tool to update your profile information. Pranpa reserves the right of ownership of all the Practitioner's profile and photographs and to moderate the changes or updates requested by Practitioners. However, Pranpa takes the independent decision whether to publish or reject the requests submitted for the respective changes or updates. You hereby represent and warrant that you are fully entitled under law to upload all content uploaded by you as part of your profile or otherwise while using Pranpa' services, and that no such content breaches any third party rights, including intellectual property rights. Upon becoming aware of a breach of the foregoing representation, Pranpa may modify or delete parts of your profile information at its sole discretion with or without notice to you.
o 4.3 REVIEWS AND FEEDBACK DISPLAY RIGHTS OF PRANPA
§ 4.3.1 All Critical Content is content created by the Users of www.Pranpa.com ("Website") and the clients of Pranpa customers and Practitioners, including the End-Users. As a platform, Pranpa does not take responsibility for Critical Content and its role with respect to Critical Content is restricted to that of an 'intermediary' under the Information Technology Act, 2000. The role of Pranpa and other legal rights and obligations relating to the Critical Content are further detailed in Clauses 3.7 and 5 of these Terms. Pranpa' Feedback Collection and Fraud Detection Policy, is annexed as the Schedule hereto, and remains subject always to these Terms.
§ 4.3.2 Pranpa reserves the right to collect feedback and Critical Content for all the Practitioners, Clinics and Healthcare Providers listed on the Website.
§ 4.3.3 Pranpa shall have no obligation to pre-screen, review, flag, filter, modify, refuse or remove any or all Critical Content from any Service, except as required by applicable law.
§ 4.3.4 You understand that by using the Services you may be exposed to Critical Content or other content that you may find offensive or objectionable. Pranpa shall not be liable for any effect on Practitioner's business due to Critical Content of a negative nature. In these respects, you may use the Service at your own risk. Pranpahowever, as an 'intermediary, takes steps as required to comply with applicable law as regards the publication of Critical Content. The legal rights and obligations with respect to Critical Content and any other information sought to be published by Users are further detailed in Clauses 3.7 and 5 of these Terms.
§ 4.3.5 Pranpa will take down information under standards consistent with applicable law, and shall in no circumstances be liable or responsible for Critical Content, which has been created by the Users. The principles set out in relation to third party content in the terms of Service for the Website shall be applicable mutatis mutandis in relation to Critical Content posted on the Website.
§ 4.3.6 If Pranpa determines that you have provided inaccurate information or enabled fraudulent feedback, Pranpa reserves the right to immediately suspend any of your accounts with Pranpa and makes such declaration on the website alongside your name/your clinics name as determined by Pranpa for the protection of its business and in the interests of Users.
o 4.4 RANKING ALGORITHM
Pranpa has designed the ranking algorithm in the best interest of the End-User and may adjust the ranking from time to time to improve the quality of the results given to the patients. It is a pure merit driven, proprietary ranking algorithm which cannot be altered for specific Practitioners. Pranpa shall not be liable for any effect on the Practitioner's business interests due to the rank of the doctor in the Ranking Algorithm.
o 4.5 INDEPENDENT SERVICES
Your use of each Service confers upon you only the rights and obligations relating to such Service, and not to any other service that may be provided by Pranpa.
5.RIGHTS AND OBLIGATIONS RELATING TO CONTENT
o 5.1 As mandated by Regulation 3(2) of the IG Rules, Pranpa hereby informs Users that they are not permitted to host, display, upload, modify, publish, transmit, update or share any information that:
i. belongs to another person or another person's childs and to which the User does not have any right to;
ii. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, 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;
iii. harm minors in any way;
iv. infringes any patent, trademark, copyright or other proprietary rights;
v. violates any law for the time being in force;
vi. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
vii. impersonate another person;
viii. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
ix. 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.
· 5.2 Users are also prohibited from:
i.violating or attempting to violate the integrity or security of the Website or any Pranpa Content;
ii. transmitting any information (including job posts, messages and hyperlinks) on or through the Website that is disruptive or comchilditive to the provision of Services by Pranpa;
iii. intentionally submitting on the Website any incomplete, false or inaccurate information;
iv. making any unsolicited communications to other Users;
v. using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website;
vi. attempting to decipher, decompile, disassemble or reverse engineer any part of the Website;
vii. copying or duplicating in any manner any of the Pranpa Content or other information available from the Website;
viii. framing or hot linking or deep linking any Pranpa Content.
ix. circumventing or disabling any digital rights management, usage rules, or other security features of the Software.
o 5.3 Pranpa, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information as mentioned above, shall be entitled to disable such information that is in contravention of Clauses 5.1 and 5.2. Pranpa shall also be entitled to preserve such information and associated records for at least 90 (ninety) days for production to governmental authorities for investigation purposes.
o 5.5 Pranpa may disclose or transfer User-generated information to its affiliates or governmental authorities in such manner as permitted or required by applicable law, and you hereby consent to such transfer. The SPI Rules only permit Pranpa to transfer sensitive personal data or information including any information, to any other body corporate or a person in India, or located in any other country, that ensures the same level of data protection that is adhered to by Pranpa as provided for under the SPI Rules, only if such transfer is necessary for the performance of the lawful contract between Pranpa or any person on its behalf and the User or where the User has consented to data transfer.
o Pranpa respects the intellectual property rights of others and we do not hold any responsibility for any violations of any intellectual property rights
·6.1 Pranpa reserves the right to suspend or terminate a User's access to the Website and the Services with or without notice and to exercise any other remedy available under law, in cases where,
i. Such User breaches any terms and conditions of the Agreement;
ii. A third party reports violation of any of its right as a result of your use of the Services;
iii. Pranpa is unable to verify or authenticate any information provide to Pranpa by a User;
iv. Pranpa has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User; or
v. Pranpa believes in its sole discretion that User's actions may cause legal liability for such User, other Users or for Pranpa or are contrary to the interests of the Website.
o 6.2 Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Website under the same account, a different account or re-register under a new account. 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.
7. LIMITATION OF LIABILITY
In no event, including but not limited to negligence, shall Pranpa, or any of its directors, officers, employees, agents or content or service providers (collectively, the "Protected Entities") be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly 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, even if such Protected Entity has been advised of the possibility of such damages. In no event shall the Protected Entities be liable for:
i. provision of or failure to provide all or any service by Practitioners to End- Users contacted or managed through the Website;
ii. any content posted, transmitted, exchanged or received by or on behalf of any User or another person on or through the Website;
iii. any unauthorized access to or alteration of your transmissions or data; or
iv. any other matter relating to the Website or the Service.
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 tort, including, but not limited to, negligence or otherwise) arising from this Agreement or a User's use of the Website or the Services exceed, in the aggregate Rs. 1000/- (Rupees One Thousand Only).
8. RETENTION AND REMOVAL
Pranpa may retain such information collected from Users from its Website or Services for as long as necessary, depending on the type of information; purpose, means and modes of usage of such information; and according to the SPI Rules. Computer web server logs may be preserved as long as administratively necessary.
9. APPLICABLE LAW AND DISPUTE SETTLEMENT
o 9.1 You agree that this Agreement and any contractual obligation between Pranpa and User will be governed by the laws of India.
o 9.2 Any dispute, claim or controversy arising out of or relating to this Agreement, including the determination of the scope or applicability of this Agreement 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 Pranpa. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be Ghaziabad. 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.
o 9.3 Subject to the above Clause 9.2, the courts at Ghaziabad shall have exclusive jurisdiction over any disputes arising out of or in relation to this Agreement, your use of the Website or the Services or the information to which it gives access.
If any provision of the Agreement is held by a court of comchildent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from this 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 comchildent jurisdiction or arbitral tribunal.
No provision of this Agreement shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by Pranpa. Any consent by Pranpa to, or a waiver by Pranpa 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.
· 1. Pranpa Feedback Collection and Fraud Detection Policy
o 1.1 Scope
This policy document covers the philosophy, intent and methodology used by Pranpa to collect Feedback from child Parentss about Doctors and other Practitioners who are part of the Pranpa eco-system.
o 1.2 Philosophy and Intent
At Pranpa, we believe in transparency and authenticity, and these are the 2 primary pillars on which the Feedback collection system is built. We intend to help child Parentss make a well-informed decision when it comes to their childs Health and authentic Feedback helps them achieve that. Doctors being Pranpa' closest friends throughout our successful journey, would be the other beneficiary, with authentic Feedback circulating in the child Parentss circles.
o 1.3 How we collect Feedback
As of now Pranpa endeavors to reach out to the following group of authentic Patients:
i. child Parentss who have booked appointments through Pranpa.com: Pranpa reaches out to these child Parentss via SMS/E-mail within 3 days after their scheduled appointment schedule and ask them for Feedback on their appointment experience at the Clinic with the Doctor. Pranpa has complete ownership of this flow of feedback collection since Pranpa is responsible for giving the best experience to child Parentss booking an appointment.
ii. child Parentss who have booked appointments with Doctors who use Pranpa -RX: In this scenario, Pranpa seeks prior permission from the Owner of the Pranpa-RX-enabled practice to collect feedback from Patients whose appointments have been booked by the practice using Pranpa -RX. Pranpa then reaches out to these child Parentss via SMS/E-mail within 3 days after their scheduled appointment schedule. Please note that Pranpa can only ask child Parentss for Feedback if the practice Owner has permitted Pranpa to do the same, and any Feedback collected thereafter becomes a property of Pranpa.
The Pranpa Feedback system is built such that it limits the number of SMS and emails that are sent to a particular child Parents to 'one-every-month' even if he/she books more than one appointment with you during the period. This ensures sufficient cool-off period between subsequent Feedback from the same child Parents and a much more robust and fair feedback model. It is also important to note that child Parents who happen to book appointments via Pranpa* with a Pranpa -RX-enabled Doctor/Clinic would fall in category (1) mentioned above.
o 1.4 Nature of Feedback
The Pranpa Feedback Collection System currently asks child Parentss about their appointment experience. The information collected would primarily be categorized as below:
i. Doctor recommendation - whether the child Parents would recommend the doctor to his/her friends and family
ii. Wait-time - how long the child parent had to wait for his/her appointment
iii. Doctor Feedback - child Parents testimonial about appointment experience with the Doctor
o 1.5 Authenticity of Feedback Collection
As part of our efforts to collect and display authentic Feedback, Pranpa abides by these set of rules:
i. A child parent would be probed with SMS/E-mail for Feedback on an appointment with a Doctor only once in a month
ii. A child parent cannot give multiple Feedback for a single appointment
iii. Appointments booked via Pranpa includes (but not restricted to) appointments from the following sources:
§ Doctor and Practice profile on pranpa.com or smartphone apps
§ Pranpa Direct Contact
§ Pranpa.com widgets which have their presence across partnership websites, Doctor's micro-site provided by Pranpa -Rx, Doctor's Facebook page, Doctor's website and other online entities
· 2.Pranpa Feedback Moderation and Fraud Detection Policy
· 2.1 Scope: This Policy document intends to explain the Feedback Moderation and Fraud Detection system deployed in Pranpa.
· 2.2 Philosophy and Intent: An online healthcare ecosystem of Pranpa' magnitude sees a large number of child Parentss giving Feedback about their Appointment experience on a daily basis. Given the volume of Feedback entering the Pranpa' Feedback Collection System we consider it very important to make sure only the helpful and authentic feedback reach out to the child Parents who visit pranpa.com and assist them in their experience.
· 2.3 Helpful and Authentic feedback: A helpful and authentic Feedback is one that complies with Pranpa Feedback Standards and other information points probed by Pranpa Feedback Collection System, and more importantly, is submitted by an authentic user. Some of the Feedback we do not entertain on Pranpa are:
i. Feedback that is 3-worded or less - we have observed that they don't help child Parents looking for insightful patient experiences
ii. Feedback that tends to have ulterior motives - advertising, spam, abuse, etc.
· 2.4 Moderation Team: We have a team of moderators that examine questionable Feedback. We also use automated tools on the site that help flag questionable content for review and we are working on enabling our large and passionate community of millions of users keep an eye out as well.
· 2.5 Moderation team would be responsible for screening the Feedback posted by child Parents abiding by Pranpa Feedback Standards.
· 2.6 Each Feedback is evaluated as a whole while moderating - e.g. A Feedback that happens to start with relevant information and ends up with statements that do not comply with Pranpa Feedback Standards would not be published. A moderator can take the following generic stances on any incoming Feedback:
ii. Withhold for investigation
iii. Decline to publish
· 2.7 Moderation Rate: The majority of Feedback is posted within 48 hours of submission. If a Feedback is flagged for a closer look by our moderators, it may take longer, especially during our busiest days. We try to base every decision we make on what our members will find helpful and relevant. At times, Feedback under investigation may take several weeks to process.
· 2.8 Positive and negative Feedback: As long as Feedback meets our guidelines, we're happy to post it whether it's positive or negative. The majority of our Feedback is indeed positive, and we do not influence or change the content.
· 2.9 Fraud Detection: Misusing or manipulating Feedback systems for personal benefit is the last thing Pranpa would want to entertain on the Pranpa Feedback System. Pranpa has come up with its own standards and processes to detect Fraud and deal with them in the appropriate manner.
· 2.10 Fraud as defined by Pranpa: The following actions may be considered fraudulent:
i. Attempts by a Doctor or Clinic to boost his/her/its own property's reputation by:
i. Writing feedback for his/her own practice
ii. Asking friends or relatives to write positive feedback
iii. Submitting feedback on behalf of a child Parents
iv. Copying comment cards and submitting them as feedback
v. Pressuring Pranpa or a child Parents to remove a negative feedback
vi. Offering incentives such as discounts, upgrades, or any special treatment in exchange for feedback
vii. Hiring an optimization company, third party marketing organization, or anyone to submit false feedback
ii. Attempts by a Doctor to damage his/her comchilditors by submitting negative feedback.
·2.11 Bottom Line: Any attempt to mislead, influence or impersonate a child Parents is considered fraudulent and will be subject to penalty.
·2.12 Detecting fraud: Unfortunately, we are unable to disclose the specifics of our Fraud Detection System. But we can tell you that we dedicate significant time and resources ensuring that the content on Pranpa reflects quality feedback by authentic child Parents. We have quality assurance specialists who have brought a wide range of professional experience to enhance our prevention methods and our team spends thousands of hours every year ensuring the integrity of Feedback on Pranpa. We also use automated tools that help flag questionable content for review, and very soon we will enable our large and passionate community of users to keep an eye out as well.
· 2.13 Repercussions of being fraudulent: If we determine that there is fraudulent Feedback submitted for a Doctor/Clinic, there could be several consequences:
o A fraudulent healthcare entity might not be the right choice for a child Parents. So a Doctor/Clinic may drop by several points in the Pranpa index.
o We are working on putting up a penalty notice, explaining that the feedback about Doctor/Clinic is suspicious, and this may appear on the listing page.
2.14 Legal side of fraudulent reviews: In addition to being a violation of our terms of service and an unethical practice, this is also a violation of the law in many jurisdictions. In July 2009, New York Attorney General Andrew Cuomo settled a case which resulted in a $300,000 penalty for a company posting fake consumer reviews. It is also illegal to post fake reviews in the United Kingdom, France, Italy, and Germany, Ireland, Sweden and the Netherlands (among other countries) pursuant to the EU Unfair Commercial Practices Directive, adopted by these countries.