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
Please carefully go through
these terms and conditions ("Terms") and the privacy
policy available at http://www.pranpa.com/privacy ("Privacy
Policy") before you decide to access the Website or avail the
services made available on the Website by Pranpa. These Terms and the
Privacy Policy together constitute a legal agreement ("Agreement") between
you and Pranpa in connection with your visit to the Website and your
use of the Services (as defined below).
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 care@pranpa.com.
By downloading or accessing
the Website to use the Services, you irrevocably accept all the conditions
stipulated in this Agreement, the Subscription terms of Service and
Privacy Policy, as available on the Website, and agree to abide by them. This
Agreement supersedes all previous oral and written terms and conditions (if
any) communicated to you relating to your use of the Website to avail the
Services. By availing any Service, you signify your acceptance of the terms of
this Agreement.
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.
· 3.
TERMS OF USE APPLICABLE TO ALL USERS OTHER THAN PRACTITIONERS
The terms in this Clause 3
are applicable only to Users other than Practitioners.
o 3.1
END-USER ACCOUNT AND DATA PRIVACY
§ 3.1.1 The terms
"personal information" and "sensitive personal data or
information" are defined under the SPI Rules, and are reproduced in the
Privacy Policy.
§ 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.
§ 3.1.4 The
Privacy Policy sets out, inter-alia:
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.
§ 3.1.5 The User
is expected to read and understand the Privacy Policy, so as to ensure that he
or she has the knowledge of, inter-alia:
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.
§ 3.1.10 Against every
Practitioner listed in Pranpa.com, you may see a 'Book appointment' option.
When you choose this option, you choose to request to book an appointment
through service provided by Pranpa, and the records of such requests are
recorded and stored in Pranpa' servers. Such records are dealt with only
in accordance with the terms of the Privacy Policy. Such booking facility
provided to you by Pranpa should be used only for appointment and
booking purposes, and not for consultation on health-related issues. Pranpa accepts
no liability if the booking request facility is not used in accordance with the
foregoing.
§ 3.1.11 Pranpa may
provide End-Users with a free facility known as 'Health History' on the Website
and its mobile application 'Pranpa'. The specific terms relating to such
account are as below, without prejudice to the rest of these Terms and the
Privacy Policy:
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 care@pranpa.com.
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
By using this Website, you
agree that any information shared by you with Pranpa or with any
Practitioner will be subject to our Privacy Policy.
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.
4. TERMS OF USE
PRACTITIONERS
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
§ 4.1.3 Pranpa shall
not be responsible or liable in any manner to the Users for any losses, damage,
injuries or expenses incurred by the Users as a result of any disclosures or
publications made by Pranpa, where the User has expressly or implicitly
consented to the making of disclosures or publications by Pranpa. If the
User had revoked such consent under the terms of the Privacy Policy, then Pranpa shall
not be responsible or liable in any manner to the User for any losses, damage,
injuries or expenses incurred by the User as a result of any disclosures made
by Pranpa prior to its actual receipt of such revocation.
§ 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.
§ 4.1.6 When you are
listed on Pranpa.com, End-Users may see a 'Book Appointment' option. When
End-Users choose this option, they choose to request an appointment through a
call called by Pranpa, and the records of such calls are recorded and
stored in Pranpa' servers. Such records are dealt with only in accordance
with the terms of the Privacy Policy. Such booking facility provided to
End-Users and to you by Pranpa should be used only for appointment
and booking purposes, and not for consultation on health-related issues of childs.
§ 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 5.4
In case of non-compliance with any applicable laws, rules or regulations, or
the Agreement (including the Privacy Policy) by a User, Pranpa has
the right to immediately terminate the access or usage rights of the User to
the Website and Services and to remove non-compliant information from the
Website.
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.TERMINATION
·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.
10. SEVERABILITY
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.
11. WAIVER
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.
SCHEDULE
· 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:
i. Publish
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.
YOU HAVE READ THESE TERMS
OF USE AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE