Thank you for visiting our website, www.healthkon.com (“Website") or downloading our mobile application ("App").
1. Applicability and Acceptance of Terms
These terms and conditions and policies (as applicable) applies to:
- A medical practitioner;
A health care professional (individual or organisation/institution);
Persons who are the patient/s themselves or his/her family, friends, associates, affiliates, representatives etc., who are looking for a professional for their medical requirements through the Website or the App;
Any other user.
2. General Registration Requirements
In consideration of your use of our Platforms, you represent that You are of legal age to form a binding contract and are not a person barred from receiving services under any law in force in India or other applicable jurisdiction. You also agree to:
- provide true, accurate, current and complete information about yourself while registering on our Platforms to avail the Services; and
maintain and promptly update Your registration data to keep it true, accurate, current and complete.
If You provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, We reserve the right to suspend or terminate Your account and refuse any and all current or future use of our Platforms (or any portion thereof) at any time.
There is limited content available on our Platforms. All of such content is provided to you “AS IS” for Your information and use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Us. We reserve all rights not expressly granted in and to the Website/App and the Content.
- You may access our Platforms as available for Your information and personal use.
- You will be required to enter a valid phone number while registering on our Platforms as a subscriber. By registering Your phone number with us, you consent to be contacted by us via phone calls, SMS notifications or instant messages, in case of any subscription/service updates. If we do so, each communication we send You will contain instructions permitting you to "opt-out" of receiving future communications. In addition, if at any time You wish not to receive any future communications or You wish to have Your name deleted from our mailing lists, please contact us as indicated below. If You are registered with the DND National registry, You may not receive any promotional messages from Us.
3. Subscriber Account and Activity
- If You register with Us, you may be required to complete a verification process as part of setting up Your account. Once setup, You are responsible for maintaining the confidentiality of Your account information, and are fully responsible for all activities that occur through Your account. Should there be instances of any unauthorized use of Your account or any other breach of security, please notify Us to stop processing requests from Your account, until further instructions.
- You understand and agree that any interactions and associated issues with health practitioners are strictly between you and the practitioner. Pratibha Healthkon is not responsible for any such interactions and associated issues.
- PLEASE BE ADVISED PRATIBHA HEALTHKON DOES NOT AND IS NOT QUALIFIED TO PROVIDE HEALTHCARE ADVICE OR MEDICAL DIAGNOSES. PRATIBHA HEALTHKON ONLY PROVIDES YOU OPTIONS TO CONNECT YOU TO A HEALTHCARE PRACTITIONER. ALL INTERACTIONS AND ADVICE WITH THE HEALTHCARE PRACTITIONER IS BETWEEN YOU AND SUCH PRACTITIONER AND PRATIBHA HEALTHKON IS NOT RESPONSIBLE OR LIABLE FOR ANY ADVICE OF SUCH PRACTITIONER. YOU AGREE TO RECEIVE ALL SUCH ADVICE AT YOUR OWN RISK.
- Pratibha Healthkon does not assure or guarantee the services of a healthcare practitioner. You are advised to perform your own investigation prior to selecting a Practitioner.
Without prejudice to the generality of the above, Pratibha Healthkon will not be liable for:
- any prognosis, diagnosis, medication or treatment quality being given by the Practitioner(s), or any medical negligence on part of the Practitioner(s);
any type of inconvenience suffered by You due to a failure on the part of the Practitioner to provide agreed services or to make himself/herself available at the appointed time, inappropriate treatment, or similar difficulties;
- any misconduct or inappropriate behaviour by the Practitioner or the Practitioner’s staff;
- cancellation or rescheduling of booked appointment or any variance in the fees charged;
- any medical eventualities that might occur subsequent to using the services of a Practitioner, who You may have selected on the basis of the information available on the Platforms or with whom the You have scheduled an appointment through the Platforms.
4. User Information
- Our Services depend on the information You provide to us. You are solely responsible for the Information You provide to us.
- If You use the Platform, You agree that information about Your use of the Platforms through Your mobile telecommunication device may be communicated to us, and we may obtain information about Your mobile carrier, Your mobile device, or Your physical location. In addition, use of our Platforms through a mobile telecommunication device may cause data to be displayed on and through Your mobile device. By accessing our Platforms using a mobile telecommunication device, You represent that to the extent You import any of Your data to Your mobile telecommunication device that You have authority to share the transferred data with Your mobile carrier or other access provider. In the event You change or deactivate Your mobile account, You must promptly update Your account information to ensure that Your messages are not sent to the person that acquires Your old number. Failure to do so is Your responsibility. You acknowledge that You are responsible for all charges and necessary permissions related to accessing our Platforms through Your mobile access provider. Therefore, You should check with Your provider to find out if our Platforms are available for Your specific mobile devices.
- We reserve the right to collect user data including name, contact information and other details to facilitate the Service/s or use of its Platform to avail Services. All information collected from You are on a bonafide basis. Misuse and misrepresentation of identity or contact details will lead to automated termination of services or the use of the platform without the obligation of a prior notice to You.
- Compilation of user accounts and user accounts bearing contact number and e-mail addresses are owned by Pratibha Healthkon.
- In the case where the system is unable to establish unique identity of the user against a valid mobile number or e-mail address, the account shall be indefinitely suspended. We reserve the full discretion to suspend a user's account in the above event and We do not have the liability to share any account information whatsoever.
- We may disclose to third parties certain data related to You, without providing Your personal details such as name, residential and e-mail address, mobile number, unless: (1) You expressly permit us to do so, or any other person You may specifically designate to disclose such information or (2) We are required to disclose such information by any applicable law or legal process.
- In the event that You provide to Us third party personal information such as any telephone numbers, street addresses, last names or e-mail addresses of anyone other than You, You must do so for the sole purpose of the services . You are responsible for all third party information provided to Us.
5. Prohibited Conduct
- You agree not to use the Platforms inappropriately, or otherwise transmit information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content" means the transmission of information, data, text, software, music, sound, photographs, graphics, video, messages, tags or other materials generated by a user) that:
- is patently offensive and/or promotes racism, discrimination, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- exploits people in a sexual or violent manner;
- contains nudity, violence, pornography, sexually explicit material or offensive subject matter;
promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
violates any intellectual property or other proprietary right of any third party, including Content that promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;
contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
solicits passwords or personal identifying information from other Subscribers;
involves commercial activities and/or sales without Our prior written consent, such as contests, sweepstakes, barter, advertising, and/or pyramid schemes;
includes a photograph of another person that you have posted without that person’s consent or otherwise constitutes an invasion of an individual’s privacy or infringement of publicity rights;
denigrates, ridicules, or demeans another person; or
contains a virus or other harmful component.
- You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses our Platforms.
6. Termination or Suspension of Account or Services
You agree that We may at any time and for any reason, terminate your access to our Platforms, or restrict or suspend your access to all or any part of the Website or the App at any time, for any or no reason, with or without prior notice, and without liability. We may also terminate the rendering of any service without prior notice or liability.
You acknowledge, consent and agree that We may access, preserve and disclose Your account information if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to:
- comply with legal process nationally or internationally;
- enforce these Terms;
- respond to your requests for service;
- protect the rights, property or personal safety of Pratibha Healthkon, its subscribers and the public; or
8. Security Components
You understand that our Platforms and software embodied within the Platforms may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Pratibha Healthkon and/or content providers who provide content to Pratibha Healthkon. You may not attempt to override, disable, circumvent or otherwise interfere with any such security components and usage rules embedded in our Platforms.
9. Proprietary Rights
All materials on our Platforms, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, artwork, software and other elements (collectively, “Material”) are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by Us. You acknowledge and agree that all content on our Platforms is made available for limited, non-commercial, personal use only. Except as specifically provided herein or elsewhere in our Platforms, no Material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without Our prior express written permission. You may not add, delete, distort, or otherwise modify the Material. Any unauthorized attempt to modify any Material, to defeat or circumvent any security features, or to utilize our Platforms or any part of the Material for any purpose other than its intended purposes is strictly prohibited.
10. Links to Third Parties
We may introduce You to independent third parties to provide you with Services. Where we refer independent third party service providers, You shall be liable to pay the costs or services and fees as applicable to such third party service provider. Pratibha Healthkon disclaims all responsibility and liability as regards the services, conduct or actions of such third party.
11. General Terms and Conditions
You agree and accept that the use of the Services provided by Us is at Your sole risk and further acknowledge that the Company disclaims all representations and warranties of any kind, whether express or implied.
- You agree and acknowledge that the use of our Services offered is at Your sole risk and We disclaims all representations and warranties of any kind, whether express or implied as to condition, suitability, quality, merchantability and fitness for any purposes are excluded to the fullest extent permitted by law.
- Without prejudice to the above, ______ makes no representation or warranty that the Services will meet Your requirements. In all circumstances, Pratibha Healthkon’s liability is limited to the service fee paid by You for the transaction in question.
- We will not be liable for any damages of any kind arising from the use of the Service offered by the Company, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
- If You have any complaint in respect of the Services, please inform us within 24 hours of using the Services.
- Pratibha Healthkon shall not be liable for any conduct or behaviour or actions of third party service providers. However, You may notify us of any complaints that you may have against the service provider that you may have hired through the Platforms services.
- We will to the best of our abilities schedule your appointments or introduce you to a relevant practitioner at the earliest reasonably possible opportunity. Any request for rescheduling appointments must be provided at least 4 hours prior to the appointed time.
- To help us serve You better, please provide as much information as possible regarding the service requested.
12. Compliance with Applicable Law
You agree that You shall not use any of the Platforms in order to host, display, upload, modify, publish, transmit, update, distribute, share, store or destroy material, including without limitation, the Content:
in violation of any applicable law or regulation,
- in a manner that will infringe the copyright, trademark, trade secret or other intellectual property or proprietary rights of others or violate the privacy, publicity or other personal rights of others,
- that belongs to another person and to which the user does not have any right to,
- that is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, threatening, abusive or hateful or racially, ethnically objectionable, disparaging, relating encouraging money laundering or gambling or otherwise unlawful in any manner whatsoever,
- harm minors in any way,
- deceives or misleads the addressee about the origin of such message or communicates any information which is grossly offensive or menacing in nature,
- impersonate another person or entity,
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of Pratibha Healthkon’ s computer systems or Platforms or other users, customer’s computer systems or site,
- threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states or of public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or insulting any other nation.
13. Intellectual Property Rights
- The Services provided by Pratibha Healthkon is premised on a proprietary software developed and made available exclusively by Us . We are the sole owners of the App, Website and all software created to provide You with the Services. Pratibha Healthkon provides You with a single limited license to download, use and access the App/Website on Your mobile telephone devices for the limited purpose of using the Services. The license is specifically personal, non-transferable, and non-exclusive. All content on the App or the Website, which is including, but not limited to, designs, text, graphics, images, video, information, logos, button icons, software, audio files and any other content ("Content") are the exclusive and sole property of Pratibha Healthkon. You may not copy, reproduce or use such Content without due attribution of ownership to Pratibha Healthkon. All icons and logos are trademarks of and proprietary to Pratibha Healthkon . The unauthorized copying, modification, use or publication of these marks is strictly prohibited.
- All Content is the exclusive copyright of Pratibha Healthkon or its licensors, except the Third Party Content and link to third party website. Systematic retrieval of Pratibha Healthkon’s Content to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from Pratibha Healthkon is prohibited. In addition, use of the Content for any purpose not expressly permitted by Pratibha Healthkon in these Terms is prohibited and may invite legal action.
14. Term and Termination
- These Terms shall remain in full force and effect for so long as it is posted on any of our Platforms. You may terminate Your use of the services at any time. If any amounts are due from you to Us, You will need to ensure that such amounts are duly paid.
- We reserve the right to terminate Your account or Your access to the Platforms immediately, with or without notice to You, and without liability to You, if We believe that You have breached any of these Terms, furnished Us with false or misleading information, or interfered with use of the Platform by others.
15. Disclaimer of Warranties and Liability
- All the services and information on our Platforms, included on or otherwise made available to you through our Platforms are provided on "AS IS" and "AS AVAILABLE" basis, without any representation or warranties, express or implied, except otherwise specified in writing. Without prejudice to the foregoing paragraph, We do not warrant that the Website or App and services provided pursuant thereto will be constantly available, or available at all.
- We will not be liable to you in any way or in relation to the Contents of, or use of, or otherwise in connection with its Platforms. We do not warrant that the Website; information, Content, materials, product (including software) or services included on or otherwise made available to you through its Platforms; their servers; or electronic communication sent from us are free of viruses or other harmful components.
- SUBJECT TO APPLICABLE LAWS, IN NO EVENT WILL PRATIBHA HEALTHKON OR ITS EMPLOYEES’ OR ITS AGENTS’ AGGREGATE LIABILITY ARISING FROM OR RELATED TO THE SERVICES SHALL NOT EXCEED THE PAYMENTS ACTUALLY RECEIVED AND RETAINED BY PRATIBHA HEALTHKON FROM YOU AS SERVICE FEES FOR THE SERVICES RENDERED FOR ANY AND ALL CAUSES OF ACTION BROUGHT BY YOU OR YOUR AGENTS.
16. Exclusions and Limitations
Those who access or use our Platforms from other jurisdictions do so at their own volition and are responsible for compliance with the local law.
You agree to defend, indemnify and hold harmless Pratibha Healthkon, its subsidiaries, affiliates, subcontractors, officers, directors, employees, consultants, representatives and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees and costs) arising from:
- Your use of and access to our Platforms in a manner except as permitted herein;
- Your violation of any of these Terms or any applicable law;
- Your violation of any third party right, including without limitation any copyright, property, or privacy right; or
This indemnification obligation will survive the termination of Your account or use of services and the App.
18. Additional Terms
We may also require You to follow additional rules, guidelines or other conditions in order to participate in certain promotions or activities available through our Platforms. These additional terms are part of these Terms, and You agree to comply with them when You participate in those promotions, or otherwise engage in activities governed by such additional terms.
19. Modification and Discontinuation
We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently the Service or any of our Platforms (or any portion thereof) with or without notice. You agree that we will not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of our Platforms.
These Terms and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by Us without restriction.
21. Integration Clause
22. Waiver and Severability of Terms
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
23. Governing Law and Venue
These Terms are governed by the laws of India. Any matters arising under these terms shall be subject to the exclusive jurisdiction of courts located in Hyderabad.
24. Contact for Grievances
In case of any grievance arising from the use of the Platforms, please contact the Grievance Officer at 1-800-833-8108.